Terms and conditions – FitQ

Terms and Definitions

FitQ refers to the web environment and applications developed by FitQ Studio OÜ, located at Veeriku 9, Tartu 50407, Estonia.
User refers to an individual who has joined the web environment.
User account refers to the part of the web environment that is under the user’s control.
Client refers to a user who has purchased FitQ subscription, tickets, or other services from the web environment.
Trainer refers to a person who uses the web environment to create training videos and/or training plans for users, as well as sell various services such as tickets and training programs.
Trainer account refers to the part of the web environment that the trainer uses to manage training videos and other services.
Training refers to video or outdoor training offered by a trainer.
Content refers to video training or other text, audio, or video materials the trainer inputs into the web environment.
Price list (pricing) refers to the displayed price list in the web environment, which sets the prices of services offered by FitQ.
Ticket refers to the user’s right to a service based on the conditions stated at the time of purchase from the service provider.
FitQ monthly subscription refers to a recurring ticket that gives the user access to the FitQ channel’s training videos, programs, and challenges as long as the subscription is valid. FitQ Premium, Gold or Platinum package does not guarantee admission to trainer services, challenges, or training programs.
Trainer Channel Monthly Subscription is a monthly recurring ticket that gives the user access to the training videos, programs, and challenges of the Trainer’s Channel specified in the subscription for as long as the subscription is valid. A monthly subscription to the specific trainer’s channel does not guarantee access to services, challenges, or training programs on other channels.
Trainer training program ticket refers to a service provided by the trainer. The trainer sets the price for the program, and the client purchases a ticket to access the program for one year.
Stebby is the web environment located at www.stebby.eu.
Service refers to a FitQ product or service offered through the web environment, especially health or sports services.
Terms and conditions refer to the terms, price lists, privacy notice, service conditions, terms and conditions, and/or other general conditions.
Web environment refers to the FitQ-owned website and its parts accessible through the domain https://fitq.me.

Validity and Amendment of Terms and Conditions

The terms and conditions apply to all users and trainers.
The price list applies to all clients.
All terms and conditions are available in the web environment.
FitQ has the right to unilaterally modify and supplement the terms and conditions and privacy policy at any time. The changes will be published in the FitQ web environment and will take effect from the publication of the new terms and conditions in the web environment.
If FitQ has notified users of changes to the terms and conditions, and the user does not agree to the changes, they have the right to terminate the contract by providing notice at least 14 calendar days in advance from the receipt of the notice regarding the changes.
FitQ may terminate the contract with the user without prior notice if the user has materially violated these service terms.

Nature and Provision of the Service

FitQ facilitates the provision of trainers’ training and services to clients and/or users through the web environment.
Having a user account in the web environment is free of charge.
Trainers can decide whether their training videos, training programs, and other services are free or need to be purchased by users. FitQ Premium, Gold or Platinum package does not guarantee access to trainers services.
The purchase of tickets or a FitQ package takes place through the payment methods offered by the online platform, such as debit or credit card or Stebby payment.
If a user has purchased a FitQ subscription or a monthly subscription to the Trainers channel, they are responsible for canceling it if they do not intend to continue the subscription permanently. The subscription remains active until the user cancels the service. You can end the subscription at any time. If you want to cancel the automatic monthly subscription to FitQ or a monthly subscription to the Trainers channel, log in to your account and cancel the subscription from the payment settings. By canceling the monthly subscription you will have access to workouts until the end of the already paid period. FitQ is not obligated to refund the payment for the purchased service.
If the User has bought a ticket or subscription but does not actually use the service, the User does not have the right to get the money back.
If a user has entered into a fixed-term contract with FitQ, it cannot be terminated prematurely. To terminate the contract early, the user must pay the remaining payments until the end of the contract.
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</strongc >
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 training that is 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. Trainers retain ownership and rights to the content they upload but grant the Platform a non-exclusive, worldwide, royalty-free license to use, display, and distribute the content.
The trainer has a right to sell tickets and subscriptions and get their share of web environment subscriptions when the user has bought their ticket or a subscription or web environment subscribers have watched their trainings.
Payments and Fees: The Platform may charge trainers a transaction fee for each ticket sold, program purchased, or any other service offered through the Platform. Payments to trainers are subject to processing fees, and trainers must comply with the Platform’s payment processing policies. Trainers will receive payouts for their earnings as per the Platform’s payout schedule and guidelines.
Trainers must comply with all applicable laws and regulations when using the Platform.
Trainers must maintain a professional standard in their interactions and services provided to users.
Trainers must not upload, share, or promote any content that is unlawful, harmful, offensive, or violates the rights of others.

Limitation of Liability

The parties to the transaction of providing the service are the user and the trainer.
FitQ is not liable for the fulfillment 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 of personal belongings).
The user presents true data to FitQ and monitors on a current basis that the submitted data are up to date.
Trainers must not upload, share, or promote any content that is unlawful, harmful, offensive, or violates the rights of others.

Force majeure

The Parties shall be fully or partly released from the fulfillment 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 fulfill or undue fulfillment 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.

E-shop ordering information/conditions of sale

FitQ Online Store (hereinafter referred to as the Online Store) is owned by FitQ Studio OÜ, located at Veeriku 9, Tartu 50407, Estonia.

Validity of the Sales Agreement, Product, and Price Information

The Terms and Conditions apply to the purchase of goods from the Online Store.
The prices of the products sold in the Online Store are indicated next to the products. The price includes a fee for the delivery of the goods. All prices of the goods sold in the Online Store are in euros.
The delivery fee depends on the buyer’s location and the chosen delivery method. The delivery fee is displayed to the buyer during the order process.
Information about the product is provided directly next to the product in the Online Store.

Ordering Process

To place an order, add the desired products to the shopping cart. To complete the order, fill in the required fields and select a suitable method of product delivery (parcel terminal or courier). Then the screen will display the amount to be paid, which can be securely settled through the following payment methods:
Estonian bank links: Swedbank, SEB, Luminor, LHV, Coop Bank, Citadele, Revolut, N26.
NB! When paying with a bank link, be sure to click the “Return to the Merchant” button on the bank’s page.
Card payment: Google Pay, Apple Pay, Mastercard, Visa.
Payments are processed by MONTONIO FINANCE OÜ. Payment is made outside the Online Store in a secure environment – when paying with a bank link, in the secure environment of the respective bank, and when paying with a 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 becomes effective upon the receipt of the payable amount to the Online Store’s settlement account.
The owner of the Online Store is the data controller for personal data and transmits the necessary personal data for payment processing to the authorized processor, MONTONIO FINANCE OÜ.
If the ordered goods cannot be delivered due to their unavailability or other reasons, the buyer will be notified as soon as possible, and the paid money (including the delivery costs) will be promptly refunded, but no later than within 14 days from the date of sending the notification.

Delivery

Goods are shipped to the following countries: Estonia.
The buyer has the following options for receiving the goods:
Parcel terminals: Itella, DPD courier company, or parcel terminal.
The buyer bears the costs of returning the goods, and the relevant price information is displayed next to the shipping method.
Domestic shipments in Estonia generally reach the buyer’s designated destination within 14 working days from the effective date of the sales agreement.
In exceptional cases, the right to deliver the goods is reserved for up to 45 calendar days.

Right of Withdrawal

After receiving the order, the buyer has the right to withdraw from the contract concluded in the online store within 14 days.
The right of withdrawal does not apply if the buyer is a legal person.
To use the 14-day right of return, the ordered goods must not be used in any other way than necessary to ascertain the nature, characteristics, and functioning of the goods, as it would be allowed in a physical store for testing the goods.
If the goods have been used for purposes other than necessary to ascertain their nature, characteristics, and functioning, or if they show signs of use or wear, the Online Store has the right to reduce the refundable amount according to the decrease in the value of the goods.
To exercise the right of withdrawal, please inform us of your decision to withdraw from the contract by a clear statement sent to: info@fitq.me
To comply with the withdrawal period, it is sufficient to send a notice of withdrawal before the end of the withdrawal period.
The buyer bears the cost of returning the goods, except in cases where 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).
The buyer must return the goods within 14 days following the submission of the withdrawal statement or provide evidence that they have handed over the goods to the carrier during the aforementioned period.
Upon receiving the returned goods, the online store will refund all payments received from the buyer under the contract promptly, but no later than 14 days from the date of receiving the withdrawal statement.
The online store may withhold the refund until the goods have been returned or until the buyer has provided evidence of returning the goods, whichever occurs earlier.
If the buyer explicitly chooses a delivery method different from the cheapest standard delivery offered by the online store, the online store is not obliged to reimburse the additional cost exceeding the standard delivery.
The online store has the right to withdraw from the sales transaction and demand the return of the goods if the price of the goods in the online store has been significantly marked down due to an error.

Right to submit a complaint

The online store is responsible for non-conformity or defects in the goods sold to the buyer that existed at the time of delivery and that become apparent within two years from the delivery of the goods to the buyer. Within the first six months from the delivery of the goods to the buyer, it is presumed that the defect existed at the time of delivery. It is the obligation of the online store to refute this presumption.
If a defect becomes apparent, the buyer has the right to contact the online store within two months by sending an email to info@fitq.me.
The online store is not liable for defects that occur after the delivery of the goods to the buyer.
If the goods purchased from the online store have defects for which the online store is responsible, the online store will repair or replace the defective goods. If repair or replacement is not possible, the online store will refund all fees associated with the sales contract to the buyer.
The online store will respond to the consumer’s complaint in writing or in a form that allows written reproduction within 15 days.

Direct marketing and processing of personal data

The online store uses the personal data provided by the buyer only for processing the order and delivering the goods to the buyer. The online store may disclose personal data to transport service providers for the purpose of delivering the goods.
The online store sends newsletters and offers to the buyer’s email address only if the buyer has expressed a desire for it by entering their email address on the website and indicating their preference to receive direct marketing communications.
The buyer has the option to unsubscribe from receiving offers and newsletters via email by notifying us via email or by following the instructions provided in the email containing the offers.

Dispute resolution

If the buyer has any complaints regarding the online store, they should send them to the email address info@fitq.me.
If the buyer and the online store are unable to resolve the dispute through negotiation, the buyer may turn to the Consumer Disputes Committee. The terms of the proceedings and the possibility to submit an application can be found here. The Consumer Disputes Committee has the authority to resolve disputes arising from the sales contract between the buyer and the online store. The examination of the buyer’s complaint by the committee is free of charge.
The buyer may also contact the European Union’s online dispute resolution platform</a > for consumer disputes.
The terms of use have been updated on 09.10.2023