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In these Terms and Conditions, the company DIAMONDPIXEL, LDA, owner of the Fitcore software platform, with registered office at Rua da Liberdade 4765-509, Serzedelo, Guimarães and VAT: 519315049 shall be referred to solely as “Fitcore”.
Fitcore is a Software as a Service (SaaS) providing digital and IT solutions in the fitness domain through a Website, an Online Portal, and a Mobile App. These Terms and Conditions govern the use of Fitcore services across each of these media.
By accessing or using Fitcore, you accept being bound by these Terms and Conditions..
1. Service Use
Users may utilise Fitcore services only for lawful purposes and in accordance with these Terms and Conditions. Users agree not to use Fitcore services:
- In any way that violates any applicable federal, local, or international law or regulation;
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
- To transmit, obtain, or send any advertising or promotional material without our prior written consent;
- To impersonate or attempt to impersonate Fitcore, a Fitcore employee, another user, or any other person or entity;
- To engage in any other conduct that restricts or inhibits any other person's use or enjoyment of Fitcore services, or which, as determined by us, may harm Fitcore or users of Fitcore services.
Users agree not to attempt, directly or indirectly:
- to copy, disassemble, decompile, reverse engineer, or modify the Service;
- to bypass security, licensing, or validation mechanisms;
- to access source code, private APIs, or internal platform logic;
- to create competing services based on the Fitcore Service.
2. Usage License
Fitcore grants the User a limited, non-exclusive, non-transferable, revocable, and non-sublicensable license to access and use the Service only during the duration of an active subscription, and exclusively for the User's internal purposes, according to the contracted plan.
This license does not confer any ownership rights over the software, source code, infrastructure, algorithms, data models, or business logic of Fitcore.
3. Intellectual Property Rights
The User acknowledges that the Fitcore software - including the Website, Online Portal, Mobile App, and all related features, information, characteristics, structure, and content (including but not limited to textual, visual, graphic, image and photographic, video, and audio content) – is the property of Fitcore, its licensors, or other providers of such material, and is protected by international copyright laws, registered trademarks, patents, trade secrets, and other intellectual property or proprietary rights laws.
By sharing and publishing content, whether image or text, the User agrees to transfer the rights to such content to Fitcore. The User is also responsible for ensuring that any shared or published content does not infringe upon any copyright and/or intellectual property rights.
The User agrees that, without prior written authorisation from Fitcore, they are not permitted in any way to sell, copy, modify, transfer, transmit, or publish the aforementioned information and content included in the Service.
4. Disclaimer of Warranties
The use of Fitcore's services is at the User's sole risk. Fitcore makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other rights.
5. Limitation of Liability
In no event shall Fitcore, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) unauthorised access, use, or alteration of your transmissions or content.
In any case, Fitcore's total liability, on any grounds, shall be limited to the amount actually paid by the User to Fitcore in the 12 months preceding the event that gave rise to the liability.
6. Payments, Subscriptions and Cancellations
Fitcore offers four service plans from which the User may choose and purchase, depending on the desired features. The Plan Base, Plan Pro and Plan Business are acquired through payment and subscription, either monthly or annually, with fixed prices available on the Fitcore Website under the “Pricing” page.
Plan Enterprise is custom-tailored, and its features and specifications vary according to the client's request, following a meeting with Fitcore team. The price and payment terms of Plan Enterprise depend on each proposal and must be defined and stipulated in a contract to be signed by both parties, after Fitcore presents a quotation.
In the case of Enterprise Plans or customised solutions, the specific conditions regarding licensing, installation, updates, support, technical validation, and liability shall be governed by a separate contract, which shall prevail over these Terms in case of conflict.
- The initial payment for the Base, Pro and Business Plans is charged at the time the plan is purchased. Subsequent payments are automatically renewed: (i) every 30 days in the case of a monthly subscription; (ii) every 364 days in the case of an annual subscription. Payments are automatic and renew for identical periods until the subscription is cancelled, either by the User or by Fitcore's administration in the event of a breach of these Terms and Conditions.
- All payments are non-refundable. Cancelling a subscription takes effect only at the end of the current subscription period, provided the account has not been deleted by the User before that time.
- Payments and subscription charges are processed through third-party payment platforms such as PayPal, Visa, MasterCard, and Maestro, which are responsible for the security of clients' financial data. Fitcore does not store any information related to payment methods, including banking or related details.
- Fitcore is not responsible for failures, unavailability, or errors attributable to external payment platforms.
7. Service Suspension
Fitcore reserves the right to suspend, limit, or terminate, in whole or in part, access to the Service without prior notice in the following cases:
- non-payment;
- breach of Terms;
- abusive or fraudulent use;
- technical, legal, or security risks;
- legal or regulatory order.
Whenever possible, Fitcore will make reasonable efforts to notify the User in advance.
8. Usage Limits
Each plan may be subject to technical and operational limits, including, but not limited to:
- number of users;
- data volume;
- API calls;
- available features.
Fitcore reserves the right to implement control mechanisms, limitations, or additional charges in case of excessive use or use outside the scope of the contracted plan.
9. Technical Validation and Licensing
The User acknowledges and accepts that access to and use of the Service may be subject to automated technical validation mechanisms, including license validation, subscription verification, system integrity checks, usage limits, and compliance with these Terms.
These validations may involve periodic communications with Fitcore's systems, without collecting additional personal data, intended solely to verify the legitimate right to use the Service.
A prolonged inability to validate may result in partial or total limitation of features, in a proportional manner.
10. Technical Access and Support
For technical support, maintenance, diagnostic, or error correction purposes, Fitcore may require limited technical access to the User's account data and configurations.
Such access:
- will only be performed when necessary;
- will be restricted to what is strictly essential;
- may be internally audited;
- will respect the Privacy Policy and GDPR.
11. Personal Information
To ensure the protection of the User’s personal information, the User must ensure that the devices used to access our platform and Services are free from harmful software, computer viruses, and worms. Fitcore is not responsible for any unauthorised or unwanted access, nor for any consequences resulting from poor digital security on the User’s devices. The User is also responsible for keeping their password and other account information secure and private.
The User is responsible for ensuring that the devices, networks, systems, and accounts used to access the Fitcore platform meet adequate security requirements, including measures to protect against unauthorised access, malware, and data loss.
For more information, please refer to our Privacy Policy.
12. Artificial Intelligence Chatbot
The User should be aware that Fitcore’s chatbot (referred to as TITA – Technologically Integrated Training Assistant) is powered by artificial intelligence and does not replace the professionalism and expertise of our collaborators. Therefore, the User should consult appropriate professionals when in doubt regarding health-related or other important matters.
The User acknowledges that any content generated by the TITA chatbot is purely informative and may contain errors, omissions, or inaccuracies. It does not constitute professional, medical, nutritional, or legal advice. The User assumes full responsibility for the use of the information provided.
Fitcore accepts no responsibility for any physical, material, or moral damage, whether direct or indirect, caused by the artificial intelligence chatbot.
13. Promotions and Advertising
Fitcore reserves the right to promote or advertise any products, individuals, and services directly to Users of the Base, Pro, and Business Plans via each User’s account and profile, without requiring prior consent from the plan purchaser.
14. Online Subscription Feature
Fitcore provides an online subscription management feature for purchasers of the Base, Pro, Business, and Enterprise Plans. This feature allows the purchaser to manage their clients’ subscriptions conveniently and efficiently through our integration with Stripe. However, Fitcore is not responsible for any issues or problems that may arise during the payment or subscription management process. In addition to any fees charged by Stripe, Fitcore applies a 1% fee on each online transaction to cover support and maintain service quality for this feature.
15. Cookies Policy
Fitcore's platforms use cookies to optimise and improve Users' browsing experience. Cookies may collect technical and statistical data, which in certain cases may constitute personal data under the GDPR. They collect information that helps understand User activity on Fitcore-related websites. This includes, for example, access location, session duration, device type (desktop or mobile), operating system, pages visited, and other aspects related to User behaviour and preferences.
16. Responsibility for Personal Data Processing (GDPR)
The User acknowledges and accepts that, in the context of using the Fitcore platform, they act as the Data Controller in relation to the personal data of their clients, employees, athletes, and other end users.
Fitcore acts exclusively as a Data Processor, limiting itself to providing a technological tool for information management, without determining the purposes or means of personal data processing.
It is exclusively the User's responsibility to:
- ensure they have a valid legal basis for processing personal data;
- provide data subjects with all legally required information;
- obtain consent when legally applicable;
- ensure full compliance with the General Data Protection Regulation (GDPR) and other applicable legislation.
The User is solely responsible for creating, managing, assigning, and revoking access for users, employees, trainers, nutritionists, or any other member of their staff to the Fitcore platform.
Fitcore is not responsible for improper, abusive, or unauthorised access resulting from:
- poor permission management;
- improper sharing of credentials;
- lack of internal control by the User;
- organisational or human failures of the User.
Fitcore is not responsible for any unlawful, abusive, or improper processing of personal data carried out by the User or their staff, even if performed through the Fitcore platform.
Any personal data breach resulting from actions or omissions by the User, their staff, or third parties authorised by them shall not be attributable to Fitcore.
The processing of personal data is further governed by the Data Processing Agreement (DPA) entered into between the parties, which forms an integral part of these Terms and Conditions.
17. Audit and Compliance
Fitcore reserves the right to perform automated technical checks to ensure compliance with these Terms, without improper access to personal data.
18. Changes to the Terms and Conditions
Fitcore reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. If any revision or update is made, we will notify Users by email or via a notice on our website, at least 30 days prior to the new terms taking effect.
19. Applicable Law and Severability
These Terms are governed by Portuguese law, to the exclusion of any other, without prejudice to the mandatory application of European Union law.
Should any provision of these Terms be deemed invalid, illegal, or unenforceable by any court or competent authority, the remaining provisions shall remain in full force and effect.
20. Termination by User
The User may cease using the Service at any time by cancelling the subscription, without right to refund of amounts already paid for the current period.
21. Force Majeure
Fitcore shall not be liable for non-performance or delay in performing its obligations resulting from events beyond its reasonable control, including but not limited to: power failures, communication network interruptions, cyber attacks, natural disasters, pandemics, strikes, governmental acts, or other force majeure situations.
During the force majeure period, Fitcore's obligations are suspended and shall resume once the impeding circumstances cease.
22. Indemnification
The User undertakes to indemnify and hold harmless Fitcore, its directors, employees, and partners from any claims, damages, losses, costs (including legal fees), or liabilities arising from:
- improper or unlawful use of the Service;
- violation of these Terms and Conditions;
- violation of third-party rights;
- unlawful processing of personal data under the User's responsibility.
This indemnification obligation survives the termination of the contractual relationship.
23. Assignment
Fitcore reserves the right to assign, transfer, or subcontract the rights and obligations arising from these Terms, in whole or in part, in the context of corporate reorganisation, merger, acquisition, or asset sale, upon notification to the User.
The User may not assign or transfer their rights or obligations under these Terms without Fitcore's prior written consent.
24. Backups and Data Responsibility
Although Fitcore implements appropriate technical and organisational measures to protect data stored on the platform, the User is responsible for maintaining backup copies of their data.
Fitcore is not responsible for permanent data loss resulting from:
- actions or omissions by the User;
- third-party failures;
- force majeure events;
- cyber attacks or malware introduced from outside Fitcore's system.
Regular export and backup of critical data is strongly recommended.
25. Export and Sanctions Compliance
The User undertakes to comply with all applicable laws regarding export, import, and economic sanctions, including sanctions imposed by the European Union, United States, and other relevant jurisdictions.
The User declares that they will not use the Service in violation of any international sanctions or embargoes.
26. General Provisions
These Terms and Conditions, together with the Privacy Policy and DPA, constitute the entire agreement between the User and Fitcore regarding the subject matter hereof, superseding any prior agreements, proposals, or communications, whether oral or written.
Fitcore's tolerance or non-exercise of any right under these Terms does not constitute a waiver of that right.
27. Contact Us
If you have any questions regarding these Terms and Conditions or Fitcore's services, please contact us at [email protected]
Last updated: October 12, 2024.