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FitQ conditions of use

    Terms and definitions

      1. FitQ stands for FitQ Studio OÜ, a company that develops web environment and applications, Veeriku 9, Tartu 50407, Estonia.
      2. User means a natural person who is connected to the online environment.
      3. User account means the part of the online environment that is under the user's control.
      4. A customer is a user who has purchased a paid package, ticket or other service from the FitQ online environment.
      5. A trainer is a person who uses the online environment to create training videos and/or training plans for users and to sell various services such as tickets, training programs.
      6. A trainer's account is the part of the online environment that the trainer uses to manage training videos and other services.
      7. A training session is a video or field training session provided by a trainer.
      8. The content is a video training or other text, audio, video material that the trainer enters into the online environment.
      9. The Price List (packages) is the price list displayed in the online environment that sets out the prices of the services offered by FitQ.
      10. The Ticket means the user's right to the service under the conditions indicated at the time of purchase of the service from the service provider.
      11. A monthly subscription to FitQ Premium, Gold or Platinum is a monthly recurring ticket that gives the user access to training videos, programmes and challenges on the FitQ channel for as long as the subscription is valid. A FitQ Premium, Gold or Platinum package does not necessarily guarantee access to coaching services, challenges or training programmes.
      12. A coach's training programme ticket is a coach's service. The price of the programme is set by the trainer and the client buys a ticket to access the programme. The ticket guarantees access to a specific training programme for the time specified on the programme page.
      13. A monthly subscription to the Trainer Channel is a monthly recurring ticket that gives the user access to the training videos, programmes and challenges of the Trainer Channel indicated in the subscription, as long as the subscription is valid. A monthly subscription to the relevant Trainer Channel does not guarantee access to services, challenges or training programmes on other channels.
      14. Stebby is an online community www.stebby.eu.
      15. A Service is a FitQ product or service offered through an online environment (in particular a health or sports service).
      16. Terms of Use means the terms and conditions, price lists, privacy notices, terms of service, terms of use and/or other general terms and conditions established by us.
      17. Web Community means the website and parts thereof belonging to FitQ and accessible through the domain https://fitq.me.

    Validity and amendment of the Terms of Use

      1. The Terms of Use apply to all users and coaches.
      2. The price list applies to all customers.
      3. All terms of use are available in the online environment.
      4. FitQ reserves the right to unilaterally modify and amend the Terms of Use and Privacy Policy at any time. Amendments will be published on the FitQ website and will take effect from the date of publication of the new Terms of Use on the FitQ website.
      5. If FitQ has notified Users of a change to the Terms of Use and the User does not agree to the change to the Terms of Use, the User has the right to terminate the Agreement by giving at least 14 calendar days' notice from the date of receipt of the notice of the changes.
      6. FitQ may terminate the contract with the User without notice if the User is in material breach of these Terms of Use.

    Nature and provision of the service

      1. FitQ mediates coaches' trainings and services to clients and/or users via an online environment.
      2. It is free of charge to have an account in the online environment.
      3. Coaches can decide whether their training videos, training programmes and other services are free or whether users have to buy them. The FitQ Premium, Gold or Platinum package does not necessarily guarantee access to the trainer's services.
      4. Payments are made by purchasing a ticket or a subscription to a FitQ monthly pay package via the payment methods offered by the online environment, such as debit or credit card or Stebby payment. 
      5. If the user has purchased a ticket or subscription for a coach service but the service is not provided for reasons attributable to the coach, the user is entitled to a refund.
      6. If the user has purchased a subscription to a FitQ pay package or a monthly subscription to the Trainer Channel, he/she is responsible for cancelling it if he/she does not intend to continue the subscription on a permanent basis. The subscription will continue until the user cancels the service. You can cancel a subscription to a FitQ pay package or a monthly subscription to the Trainer Channel at any time. If you wish to cancel your automatic monthly subscription to a FitQ package or monthly subscription to the Trainer Channel, log in to your account and unsubscribe from the settings under payment. By cancelling a monthly subscription to a FitQ paid package or a monthly subscription to a Trainer Channel, you will have access to the training sessions of the corresponding channel until the end of the already paid period. FitQ is under no obligation to refund the service purchased.
      7. If the user has signed a fixed term contract with FitQ, it cannot be terminated prematurely. In order to terminate the contract early, the user must pay the remaining payments due.
      8. If a user has purchased a ticket or a monthly subscription to a FitQ pay package but does not actually use the service, the user is not entitled to a refund.
      9. A user account is personal and can only be used by the user. The User is prohibited from assigning the use of his/her User Account to any other person.
      10. Not all workouts are necessarily suitable for everyone. If the client feels unwell after or during exercise, it is worth consulting a doctor. FitQ is not responsible for the client's state of health. The client is entirely responsible for his/her own state of health.

    Personal data protection, processing and direct marketing

      1. FitQ owns the copyright to the FitQ web environment, including the software, databases and graphic design.
      2. FitQ will suspend access to user and coach accounts that contain false data until the data is corrected. If the data is not corrected within 14 days after the user has been informed, FitQ has the right to delete the user or coach account.
      3. In case of suspected fraud, FitQ has the right to close the suspected account and suspend transactions.
      4. Personal data collected on and in relation to the online environment is subject to the data processing policy available at fitq.me/et/privacy.

    User rights and responsibilities

      1. The User must comply with the terms and conditions of use of the Service established by FitQ.
      2. The responsibility for breaking the rules set by the coaches rests with the offending user, not FitQ.
      3. The User must keep access to the User Account confidential and, in the event that third parties have gained access, must immediately notify FitQ.
      4. The User is entitled to the corresponding service if he/she has purchased a ticket or subscription.
      5. The user submits correct data to the FitQ and monitors that the data submitted is up to date on an ongoing basis. The customer is responsible for the accuracy of the data provided.

    Rights and responsibilities of the coach

      1. The trainer must comply with the conditions of use of the service established by FitQ.
      2. The Trainer must keep access to the User Account secret and, if third parties have gained access, must immediately inform FitQ. The trainer may only publish and upload video training sessions made by him/herself.
      3. The Trainer declares that he/she owns the ownership rights to all content uploaded by him/her to the online environment. Coaches retain ownership and rights to their own uploaded content, but grant the Platform a non-exclusive, royalty-free, worldwide license to use, display and distribute the content.
      4. The trainer has the right to sell tickets, training programs and subscriptions and to receive his/her share of the subscriptions to the online community, if the user has purchased his/her ticket or subscription or if the online community customers have watched training videos.
      5. Payments and fees: the Platform may charge Trainers a predetermined transaction fee for each Ticket sold, Programme purchased or any other service provided through the Platform. Payments made to Coaches are subject to fees and Coaches must comply with the Platform's Fee Policy. Coaches will receive payments of their earnings in accordance with the Platform's payment schedule and guidelines.
      6. Coaches must comply with all applicable laws and regulations when using the platform.
      7. Trainers must maintain professionalism and competence in their interactions and in the services they provide to users.
      8. Coaches must not upload, share or promote content that is illegal, harmful, offensive or infringes the rights of others.

    Obligations and responsibilities of the parties

      1. The parties to the service provision transaction are the user and the coach.
      2. FitQ is not responsible for the performance of the obligations arising from the contract between the Trainer and the User.
      3. FitQ shall not be liable for any damage (e.g. injuries, medical expenses) or property damage (e.g. loss or theft or loss of personal belongings) caused to users in the course of using the service.
      4. The User shall provide the FitQ with accurate data and shall keep the data provided up to date.

    Unquantifiable force

      1. The Contracting Parties shall be wholly or partially released from their obligations under and in connection with this Agreement in the event of force majeure, provided that they take all necessary measures to avoid causing damage to the other Contracting Party and to ensure performance of the Agreement to the maximum extent possible. Force majeure shall be demonstrated by the Party which wishes to invoke force majeure in order to be relieved of its liability under the law or the contract for non-performance or improper performance of its obligations under the contract.
      2. In the event of force majeure, a Party shall immediately notify the other Party in writing.
      3. In the event of force majeure, all the time limits laid down in the contract shall be extended by the time during which the force majeure occurred. If circumstances of force majeure persist for more than one month, the parties shall be entitled to terminate the contract.

    Other conditions

      1. The parties may not transfer their rights and obligations under the contract to third parties without the prior written consent of the other party.
      2. All communications by the Parties in connection with the Agreement must be in a form that can be reproduced in writing.
      3. In the performance of the Agreement and in the event of disputes arising from the Agreement, the Parties shall comply with the laws of the Republic of Estonia.
      4. Disputes arising from the contract will be resolved by agreement between the parties. If no agreement can be reached, the dispute will be settled in Tartu County Court.
      5. The contract is deemed to be concluded once the user has confirmed in the FitQ online environment that he/she accepts the terms and conditions of this contract.

     

    Ordering information/terms and conditions of sale for the online shop

     

    FitQ online shop (hereinafter referred to as the Online Shop) is owned by FitQ Studio OÜ, address Veeriku 9, Tartu 50407, Estonia.

    Validity of the sales contract, commercial and price information

      1. The terms and conditions of sale apply to the purchase of goods from the Online Shop.
      2. The prices of the products sold in the online shop are indicated with the products. The price is subject to a delivery charge. All prices of goods sold in the online shop are in euro.
      3. The delivery fee depends on the location of the buyer and the delivery method. The delivery charge is displayed to the buyer when placing the order.
      4. Information about the goods is provided on the Online Shop directly next to the goods.

    Placing an order

      1. To order, you must add the products you want to your shopping cart. To place an order, you must fill in the required fields and select the appropriate delivery method (parcel machine or courier). The amount of the charge will then be displayed on the screen, which can be paid securely through the following payment methods:
        • Estonian bank links: Swedbank, SEB, Luminor, LHV, Coop Pank, Citadele, Revolut, N26.
          NB: When paying by bank transfer, be sure to click on the "Back to merchant" button on the bank page.
        • Card payment: google pay, Apple pay, Mastercard, Visa.
      2. The payments are intermediated by MONTONIO FINANCE OÜ. Payment is made outside the Online Shop in a secure environment - in the case of payment by bank transfer in the secure environment of the respective bank and in the case of payment by credit card in the secure environment of MONTONIO FINANCE OÜ. The Seller does not have access to the customer's bank and credit card details. The contract will enter into force as from the date of receipt of the amount due in the current account of the Webshop.
      3. The owner of the online shop is the controller of the personal data and forwards the personal data necessary for the execution of payments to the processor MONTONIO FINANCE OÜ.
      4. If the ordered goods cannot be delivered due to expiry of the delivery period or for any other reason, the buyer will be informed as soon as possible and the money paid (including delivery costs) will be refunded immediately, but not later than 14 days after the notification.

    Delivery to

      1. Goods are shipped to the following countries: Estonia
      2. The buyer has the following options to collect the goods:
        • Parcel machines: Itella, DPD courier or parcel machine.
      3. The shipping costs are borne by the buyer, and the corresponding price information is displayed with the shipping method.
      4. Shipments within Estonia usually arrive at the destination specified by the buyer no later than 14 working days from the entry into force of the sales contract.
      5. In exceptional cases, you have the right to have the goods delivered within up to 45 calendar days.

    Right of withdrawal

      1. After receipt of the order, the buyer has the right to withdraw from the e-contract within 14 days.
      2. The right of withdrawal does not apply if the buyer is a legal person.
      3. In order to exercise the 14-day right of withdrawal, the goods ordered may not be used in any other way than is necessary to ascertain the nature, characteristics and functioning of the goods, in the same way as is allowed for testing the goods in a physical shop.
      4. If the goods have been used for purposes other than what is necessary to ascertain the nature, characteristics and functioning of the goods, or if the goods show signs of use or wear, the Online Shop has the right to reduce the refundable fee in accordance with the reduction in the value of the goods.
      5. To exercise your right of withdrawal, please notify us of your decision to withdraw from this Agreement by sending an unequivocal statement to info@fitq.me.
      6. In order to meet the deadline for exercising the right of withdrawal, it is sufficient to send the notice of exercise of the right of withdrawal before the end of the withdrawal period.
      7. The cost of returning the goods is borne by the buyer, unless the reason for the return is that the product to be returned does not correspond to what was ordered (e.g. wrong or defective product).
      8.  
      9. The buyer must return the goods within 14 days of the date of the application or provide proof that he has handed them over to the carrier within that period.
      10.  
      11. Upon receipt of the returned goods, the online shop will immediately, but not later than 14 days from the date of receipt of the cancellation, return to the buyer all payments received from the buyer under the contract.
      12. The online shop may refuse to make a refund until it has received the goods covered by the contract or until the buyer has provided proof that he has returned the goods, whichever is the earlier.
      13.  
      14. If the buyer has expressly chosen a delivery method other than the cheapest delivery method offered by the Online Shop, the Online Shop is not obliged to reimburse the consumer for the cost that exceeds the cost of the usual delivery method.
      15. The online shop has the right to withdraw from the sale and to demand the return of the goods from the buyer if the price of the goods in the online shop is marked significantly below the market price of the goods due to a mistake.

    Right to lodge a complaint

      1. The online shop is liable for any non-conformity or defect in the goods sold to the buyer which was already present at the time of delivery and which becomes apparent within a period of up to two years from the date of delivery of the goods to the buyer.During the first six months after delivery of the goods to the buyer, the defect is presumed to have been present at the time of delivery. It is the responsibility of the Online Shop to rebut this presumption.
      2. In the event of a defect, the purchaser has the right to contact the online shop within two months at the latest by sending an e-mail to info@fitq.me.
      3. The online shop is not liable for defects that occur after the goods have been delivered to the buyer.
      4. If the goods purchased from the Online Shop have defects for which the Online Shop is responsible, the Online Shop will repair or replace the defective goods. If it is not possible to repair or replace the goods, the Online shop will refund the buyer all the fees for the sales contract.
      5. The online shop will respond to the consumer's complaint in writing or in a format that can be reproduced in writing within 15 days.

    Direct marketing and processing of personal data

      1. The online shop uses the personal data provided by the buyer only to process the order and send the goods to the buyer. The online shop forwards personal data to companies providing transport services in order to deliver the goods.
      2. The online shop sends newsletters and offers to the buyer's e-mail address only if the buyer has expressed his/her wish to receive them by entering his/her e-mail address on the website and has indicated his/her wish to receive direct mail notifications.
      3. The purchaser may opt-out of receiving offers and newsletters by email at any time by notifying us by email or by following the instructions in the email containing the offers.

    Dispute resolution

      1. If the buyer has any complaints about the Online Shop, they should be sent by e-mail to info@fitq.me.
      2. If the buyer and the Online Shop are unable to resolve the dispute through an agreement, the buyer can turn to the Consumer Disputes Committee. You can read the terms and conditions of the procedure and submit an application here. The Consumer Disputes Committee is competent to settle disputes arising from a contract between the buyer and the Online Shop. The examination of the buyer's complaint by the Commission is free of charge.
      3. The buyer can turn to European Union Consumer Dispute Resolution Platform</a> party.

    Terms of use have been updated 09.10.2023

    FitQ Studio OÜ
    Veeriku 9, Tartu, Estonia 50407
    cs@fitq.me

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