Terms and Conditions
Terms and definitions
- FitQ for short represents the company developing the Web Environment and applications. FitQ Studio OÜ, address Lai 28-3, Tartu 51005, Estonia.
- User means a natural person who has joined the Web Environment.
- User Account means the part of the Web Environment that is under the control of the User.
- Client is a User who has purchased Subscription, Ticket or other services from the Web Environment.
- Trainer is the person who uses the Web Environment for creating Training videos and/or Training plans for the Users.
- Trainer Account is the part of the Web Environment user by Trainer to manage the Training videos and other services.
- Training is a video workout provided by the Trainer.
- Content is a video training or other text, audio, video material that is entered to the Web Environment by the Trainer.
- Price List means the list of prices displayed in the Web Environment that stipulates the prices of services offered by FitQ.
- Ticket means the User's right to the Service at the Service Provider on the conditions shown at the moment of purchase.
- Subscription is the monthly recurring ticket that gives the User access to the FitQ Training videos or other services.You can cancel your subscription at any time. If you want to cancel the subscription, log in to your account and cancel the subscription in my profile under purchase history. By canceling the monthly subscription, you have access to FitQ workouts until the end of the already paid period. We do not offer returns.
- Stebby is the Web Environment www.stebby.eu.
- Service means the FitQ's product or service provided via the Web Environment (above all a health or sports service).
- Terms and Conditions mean the General Terms and Conditions, Price Lists, Privacy Notice, Service Conditions, User Conditions, and/or other standard terms and conditions established by Stebby.
- Web Environment means the website owned by FitQ and the parts thereof which are accessible through the domain https://fitq.me.
Validity and amendment of the Terms and Conditions
- The General Terms and Conditions apply to all Users and Trainers.
- The Price List applies to all Clients.
- All Terms and Conditions are available for review in the Web Environment.
- If FitQ has informed Users of the amendment of the Terms and Conditions and the User do not agree to the amendment of the Terms and Conditions, they will be entitled to cancel the Agreement by notifying thereof at least 14 calendar days in advance as of the receipt of the notice about the amendments.
- FitQ may terminate the Agreement with a User without advance notice if the User has significantly violated these Terms and Conditions for using the Service.
Nature and provision of the Service
- FitQ mediates the Trainers Trainings to the Clients and/or Users via the Web Environment.
- Keeping a user account in the Web Environment is free of charge.
- Trainers can decide if their Training videos and other services are provided for free or they need to be purchased by Users.
- Payments takes place by purchasing Ticket or Subscription through the payment methods provided by the Web Environment for instance by credit card or Stebby payment.
- If the User has bought a Ticket or Subscription of a Trainer, but the service is not provided to them for reasons attributable to the Trainer, the User has the right to get a refund of the finances.
- If the User has bought a trial subscription then it is up to his/her own responsibilty to cancel if he/she does not intend to continue the subscription on a permanent basis. The same applies for the other subscriptions as well. The subscriptions lasts until user cancels the service and FitQ has no obligation to refund the tickets.
- If the User has bought a ticket but does not actually use the service, the User does not have the right to get the money back.
- The User Account is personal and can be used solely by the User. The User is prohibited to grant the use of its User Account to other persons.
- Not all workouts may be suitable for everyone. If the user feels unwell after exercise or during exercise, it is worth consulting a doctor. FitQ is not responsible for the health condition of the user. The user is fully responsible for his own state of health.
Personal data protection, processing, and direct marketing
- FitQ owns the copyright to the FitQ Web Environment, including the software, databases, and graphic design.
- FitQ suspends access to User and Trainer Accounts that contain false information until the correction of the data. If the data is not corrected within 14 days after notifying the User, FitQ will have the right to delete the User or Trainer Account.
- In the event of a suspected scam, FitQ will have the right to close the account related to the suspicion and suspend transactions.
- The data processing principles, available on the website fitq.me/privacy, are applied to the personal data gathered in the Web Environment and in relation to that.
User's rights and obligations
- The User shall follow the Terms and Conditions of Using the Service established by FitQ.
- Liability for the violation of the rules established by the Trainers lies with the User who has committed the violation, and not FitQ.
- The User shall keep in secret the access to the User Account and if third persons have gained access, shall inform FitQ immediately thereof.
- The User has a right to the Service when he or she has bought a Ticket or a Subscription.
- The User presents correct data to FitQ and monitors on a current basis that the submitted data are up to date. The Client is liable for the accuracy of the presented data.
Trainer's rights and obligations
- The Trainer shall follow the Terms and Conditions of Using the Service established by FitQ.
- The Trainer shall keep in secret the access to the User Account and if third persons have gained access, shall inform FitQ immediately thereof. The Trainer can host and upload only video trainings that are made by him/herself.
- The Trainer declares that they have all the ownership rights of the Content that is uploaded by them to the Web Environment.
- The Trainer has a right to sell Tickets and Subscriptions and get their share of Web Environment Subscriptions when User has bought their Ticket or a Subscription or Web Environment subscribers have watched their Trainings.
Obligations and liability of the Parties
- The Parties to the transaction of providing the Service are the User and the Trainer.
- FitQ is not liable for the fulfilment of the obligations arising from the agreement signed between the Trainer and the User.
- FitQ is not liable for the harm caused to the Users during the use of the Service (such as injuries, medical costs), as well as proprietary damage (such as loss or theft or personal belongings).
- The User presents true data to FitQ and monitors on a current basis that the submitted data are up to date.
- The Parties shall be fully or partly released from the fulfilment of obligations arising from and relating to the Agreement during the period when this is prevented by force majeure, whereas the Parties shall take all measures to avoid causing damage to the other Party and to ensure the performance of the Agreement to the furthest possible extent. The occurrence of the force majeure must be certified by the Party who wishes to refer to the circumstances of force majeure as grounds to be released from liability arising from the legislation or the Agreement for the failure to fulfil or undue fulfilment of the obligations assumed under the Agreement.
- Upon the occurrence of the circumstances of force majeure, the Party shall inform the other Party thereof in writing immediately.
- Upon the occurrence of the circumstances of force majeure, all deadlines set out in the Agreement shall be extended by the period of occurrence of these circumstances. If the circumstances of force majeure last for more than one month, the Parties have the right to cancel the Agreement.
Other terms and conditions
- The Parties may not transfer any rights and obligations under the Agreement to any third parties without the prior written consent of the other Party.
- Any notices forwarded by the Parties in relation to the Agreement shall be in a format that can be reproduced in writing.
- In the performance of the Agreement and in case of disputes arising from the Agreement, the Parties shall follow the legislation of the Republic of Estonia.
- An effort is made to resolve the disputes arising from the agreement by agreement of the Parties. If an agreement is not reached, the dispute shall be resolved in Tartu County Court.
- The Agreement is deemed concluded when the User has confirmed in the FitQ Web Environment that it consents to the Terms and Conditions of this Agreement.