Terms and conditions
Buddyfit is an online training Platform, which allows you to carry out remote training sessions, allows Users and Trainers to get in touch, and provides IT tools for communication and data management for the purchase of services by Users and for the use and management of training in different ways.
The Buddyfit Platform is accessible to Users via the website, application for smartphones and tablets, and any other channels (such as apps for smart TVs or other devices such as Amazon Fire Stick, Apple TV or similar) and is managed by the company Buddyfit S.r.l. (with registered office in Genoa, Piazza Borgo Pila 39, and email address firstname.lastname@example.org). These Terms and Conditions establish the legal framework for the use of the services we offer. Therefore, please read these Terms and Conditions carefully because by registering on Buddyfit using the services we offer you accept all the rules set out below. It will not be possible to register and use Buddyfit products and services without acceptance.
These Terms and Conditions will be valid until cancellation or modification of the current version effective from 8.1.2021.
1.2 Main definitions.
Platform: means all communication tools and operations between Buddyfit, Users and Trainers including, among other things, the "Buddyfit.club" website, other Buddyfit websites, applications for mobile devices available for example on iOS or Android and any other tools such as applications for smart TVs, or other devices such as Amazon Fire Stick, Apple TV or similar.
User: means the person who registers on the Platform in order to carry out the training (or in any case not to carry out the activity of Trainer) and who uses the Buddyfit Platform to train and purchase services.
Trainer: on the other hand, it is the natural person, freelancer or company who uses the Platform for their own business, i.e. to sell their services to Users, to manage and follow training, to provide Classes on Buddyfit Live or provide other information and services. The Trainer can be a single Trainer, a sports club, a group of personal trainers, a fitness centre or a gym. Gyms and fitness centres can use the Platform in a similar way to Trainers but with some differences.
Application Store: these are virtual stores from which applications can be downloaded and through which it is possible to make purchases and payments or subscribe. For example, it is the Apple App Store or the Google Play Store or other stores such as those included connected to Smart TVs or other devices such as Amazon Fire Stick, Apple TV or similar.
Buddyfit Class: the Class, or Buddyfit Class, is a training session carried out live by a Trainer through audiovisual streaming or video conferencing.
2.1 Contractual parties and object of the contract
The Terms and Conditions represent the basis of the usage contract stipulated between the User and our company, Buddyfit S.r.l. (hereinafter also "the company" or "us"). The object of this contract is the use, free of charge or for a fee, of the services offered on the Platform under the name Buddyfit (hereinafter referred to as "Buddyfit Services" or in general "Buddyfit").
2.2 Role of Buddyfit Srl
Buddyfit services can be advertised and sold directly by a Trainer (also through the Buddyfit Platform) but, where specified, they can be sold directly by Buddyfit as in the case of the Buddyfit Live subscription service. In the first case, Buddyfit operates as a simple intermediary and provides the Trainers with the tools and the IT structure useful (among other things) to provide their services, communicate, manage data, manage payments and get in touch with new customers.
In the first case, the recipient of the payments is not Buddyfit but is the Trainer, even when the payment is made on the Platform. Buddyfit is therefore not responsible for the content of the Provider's performance with respect to the User.
2.3 Terms and conditions of participation
Opening a User profile and using the Buddyfit Services requires a minimum age of 18 and full legal capacity.
Buddyfit is aimed exclusively at consumer users. According to the legal definition, a consumer is any natural person who enters into a legal transaction for reasons that cannot be predominantly attributed to either his commercial occupation or that of self-employed person. The use of Buddyfit for commercial purposes of any kind is prohibited. The role of the Trainer is an exception and is regulated in another specific agreement.
In addition to the right to modify these agreements, we reserve the right to agree on additional and different terms and conditions for individual Buddyfit Services. We will, however, notify these conditions prior to use.
Use of the Buddyfit Platform requires a one-time free registration. The minimum age for registration is 18 in Italy and the age of majority in other countries. By registering, the User confirms that he/she meets the age requirements indicated in the applicable law and that he/she is therefore legally entitled to enter into contracts. Registration is free and makes it possible for Users to access the Platform. Buddyfit offers Users different registration methods: through the form on the website, through one of the Apps (for registration purposes, the User must provide the data requested in the relevant registration form in a complete and correct manner, unless such data are not marked as optional, registration can also take place through the adoption by Buddyfit of registration data provided by the User in the social networks Facebook or Google).
Please note that in order to use the Buddyfit Services you must open a free profile with us and accept all the clauses of these Terms and Conditions. The registration (and the consequent opening of the profile) determines the conclusion of a contract based on these Terms and Conditions. This contract does not provide for a payment by the User until he purchases additional services.
It is possible to register only using the real name of the User, for example it is not possible to indicate fantasy names or pseudonyms.
Alternatively, it may be possible to open a profile using your Facebook or Google profile. The registration process will be complete once you enter your Facebook or Google profile information and click on the "Confirm" button.
Registration determines the conclusion of a usage contract between Buddyfit and the Users governed by these conditions.
4. Your Health
4.1 Terms and conditions affecting your health
Your use of Buddyfit Services is at your own risk. The same applies, without limitation, to the related use of any hardware, including, by way of example and not limited to, your smartphone and any other training aids.
The precondition for using the Buddyfit Services is a general condition of good health. In any case, we recommend that you consult a doctor before using the Buddyfit services. Also, if you know you have any pre-existing medical problems, we suggest you check it with a doctor before you start using the Buddyfit Services. This applies in particular if you are aware of one or more of the following medical conditions/procedures: cardiovascular disease; lung or respiratory disease (including asthma); spinal and/or joint problems; neuromuscular disease; surgical procedures; any other health problem/s.
Our female Users should also consider that it is not advisable to use some Buddyfit Services if you are pregnant or breastfeeding.
The following general rule applies: Listen to what your body tells you. Before using the Buddyfit Services for the first time or while you are using Buddyfit, if you have any concerns about your health (for example because you are experiencing pain, general malaise, breathlessness, nausea or dizziness) consult your doctor before starting or continuing to use Buddyfit.
4.2 It does not replace medical advice
The services and information offered by Buddyfit and the Buddyfit Services do not in any way constitute a medical recommendation or medical opinion. They are also not a substitute for medical tests or treatments.
4.3 Training methods
Sports opinions and training methods are subject to the continuous evolution of knowledge in relation to the sciences of health, nutrition and sport. While we base our training on current studies and knowledge, we do not guarantee that they reflect the latest findings or knowledge.
4.4 Health-related disclaimer
The health of our Users is very important to us. We invite users to ALWAYS ask their doctor for advice in relation to their sports habits. Buddyfit does not replace the doctor and is not responsible for the habits of the Users. The contents of the Buddyfit Platform, regardless of whether they are provided by Buddyfit, its Trainers or Users, are not intended to integrate, let alone replace, the information provided by doctors or pharmacists. By accepting these Terms and Conditions, the User confirms that he is solely responsible for his own health.
5. How to use Buddyfit.
After registering and accepting the Terms and Conditions, the user can access the Platform and use the Buddyfit Services described below.
5.1 Buddyfit by Trainer
Buddyfit by Trainer is a way of providing advice to the User by his Trainer. The Trainer is a professional external to the Buddyfit organisation who, in agreement with the User, creates personalised workouts, follows the progress and assists the User with specific advice.
The payment of the Buddyfit service is made directly by the Trainer. The User is invited by the Trainer to login in order to use all the Buddyfit tools and functions for the purpose of managing workouts.
The connection with a Trainer depends on the specific agreement with the Trainer and Buddyfit is extraneous to this relationship as it is limited to providing the Platform on which communication and all information on training and training plans can be managed.
5.2 Buddyfit Live
Buddyfit Live is a subscription service that includes access to all Classes (the Class, or Buddyfit Class, is a training session carried out live by a Trainer through audiovisual streaming or video conferencing) included in Buddyfit Live.
The Classes may be accessible directly through the Platform or on systems provided by third parties.
During the period of validity of the Buddyfit Live subscription, the User acquires the right to access all the Buddyfit Live Classes (with the exception of those with limited access). The Classes included in Buddyfit Live are those indicated in the Buddyfit Live calendar published on the platform (subject to changes by Buddyfit). The subscription could also allow access to the Classes previously performed and registered for the period of time indicated on the Platform.
5.2.1 Buddyfit Live subscription
The Buddyfit Live Services are paid by subscription, except for any free trial period that may be provided. Each natural person can only use the free trial period once.
After registering, the User can choose which subscription to activate among those proposed. Buddyfit offers different subscription periods to allow the User to choose the one that best suits his needs. The different types of Subscriptions, the applicable prices and any additional conditions and rules are available in the app, in the Application Stores and on the website and are subject to change based on the offers active in each specific time period. All prices are subject to change at any time at Buddyfit's discretion.
In some cases, pre-order subscriptions may be offered and in this case the subscription period will not start immediately and the service will not be active immediately but the effects will start from the date indicated.
Buddyfit reserves the right to make changes to prices according to its commercial and financial needs and changes to the services included in the Subscription. The changes will be communicated in advance and will not take effect for the subscription periods already paid but only after the subsequent renewal. The prices indicated include all possible charges and accessories.
Please note that some Buddyfit Services in their full form may require specific training equipment or tools (such as a mat, exercise machine, weights, or push-up bar) to be able to use them. The description of the Class indicates what equipment is required to perform it. This equipment is not included in the Buddyfit Services and must be provided or purchased separately at the User's expense and expense.
5.2.2 Activation of the Buddyfit Live subscription services
Buddyfit Live Services are sold with a Subscription. The duration of the Subscription, the price and the related content of the services are illustrated in the app and/or on the website at the time of purchase. In some Subscriptions a free trial period may be indicated, in which case the User may have to pre-authorise the payment which will then be processed at the end of the trial period (in the absence of withdrawal).
Once the purchase has been made, the details will be available to the User within the Platform and a purchase confirmation will be sent by email.
The subscription can be subscribed directly on the website or within the Application Stores (such as Apple's App Store or Google's Play Store or others). In the case of subscription through the Application Stores, the subscription and payment are managed directly by Apple or Google (or by the manager of the relevant store) on the basis of the contractual rules and conditions applied by them and integrated by these Terms and Conditions.
When purchasing a Subscription, the contract is finalised by clicking on the "Purchase" button or a similar button and correctly entering the payment details and, if necessary, entering the password for the Application Store in question.
If the User wishes to purchase a Subscription on our website, he can interrupt the process at any time and correct any errors up to the moment of entering the payment information.
If you wish to purchase a Subscription through our mobile app as part of an internal app purchase, you may not need to provide additional billing or payment information as the service will be purchased through your profile with the store manager. of Applications. You can contact the relevant Application Store provider if you wish to correct any errors in the data entered.
In case of non-payment, the service will not be activated or will be suspended if already active. We reserve the right to further claims in the event of late payments. If Buddyfit is unable to collect the amount owed by the User due to insufficient credit, or other problem attributable to the User, the latter is required to bear all the resulting costs, including related bank charges. any associated charges or charges. Buddyfit may send the User invoices and payment reminders via email.
5.2.3 Duration of Buddyfit Live subscription and automatic renewal.
Our Subscriptions have different minimum validity periods and are automatically renewed for the same selected period until cancelled by you or us.
To avoid misunderstandings, remember that the terms of a Subscription are established according to the calendar and regardless of the use or duration of use of the respective Buddyfit Service by the User.
The Subscription is renewed automatically, consequently the amount due is debited in advance at the beginning of the respective renewal period. Specific terms and conditions apply in case of payments through the Application Stores; in this case the amount can already be debited 24 hours before the start of the respective billing period.
Upon expiry of the Subscription period, the User's credit card will automatically be charged the price of the standard Subscription in effect at the time of subscription (unless otherwise indicated), i.e. in this case no prices will be applied special offers, and the Subscription will be renewed for the same period of time, unless the User requests cancellation in the manner indicated below. The standard subscription price is available on the Platform or on the Application Stores.
If you want to deactivate the renewal, you can cancel the subscription at any time by starting the cancellation on the Platform or through the Application Stores.
In the case of a subscription through our website, the cancellation of the subscription must be made by 11.59 pm on the day before the renewal.
In the case of a subscription through the Apple App Store, you will have to follow the subscription cancellation procedure established by the App Store.
In the case of a subscription through Google Play, you will have to follow the subscription cancellation procedure established by Google Play.
The Subscription will remain active for the period already paid and therefore until the scheduled renewal date. Buddyfit will not reimburse the amounts paid previously, except for the consumer's right of withdrawal described below.
5.2.4 Terms and conditions of payment
Buddyfit Live subscription payment must be made in advance for each subscription period. In other words, you can select the duration of the Subscription that best meets your needs for accessing the services. Once the Subscription has been subscribed and paid for, the selected validity period will be associated with the User's account.
In case of non-payment, the service will not be activated or will be suspended if already active.
We reserve the right to further claims in the event of late payments.
If Buddyfit is unable to collect the amount owed by the User due to insufficient credit, or other problem attributable to the User, the latter is required to bear all the resulting costs, including related bank charges. any associated charges or charges. Buddyfit may send the User invoices and payment reminders via email.
If the User purchases paid Buddyfit services through an app, the billing will be carried out by the manager of the respective Application Store (e.g. Apple for the App Store and Google for Google Play). You can consult the provider to find out what payment methods are available. If the user purchases the Buddyfit services through our website, he will find a summary of the payment methods we accept on the website at the time of payment.
We reserve the right to refrain from offering certain payment methods and to specify alternative payment methods.
5.2.5 Special offers and promotions
Buddyfit can propose a variety of offers, discounts and promotions, such as loyalty programs. Buddyfit Users are informed of the offers and their status through the website, through newsletters or with other tools. Offers are not an integral part of Buddyfit products and usually have a limited duration over time. Offers are subject to specific conditions which can be consulted for participation purposes or for information purposes only.
5.2.6 Special classes
Some classes may be regulated by special conditions.
For example, some Classes may be sold separately from Buddyfit or linked to specific promotions or limited offers. The details relating to the special classes are described on the appropriate pages of the platform. Any responsibility (direct, indirect or connected) relating to the performance of the Class will in any case remain with the Trainer.
5.3 Free gadgets
The promotions of the paid or subscription Buddyfit services may include the sending of free gadgets in addition to the service. Any provision of the free gadget is regulated on the basis of the promotions published on the Platform from time to time. These gifts will be sent to the address indicated by the User during registration or to the one provided at the request of Buddyfit.
5.4 Buddyfit Live Gift Cards and Discount Codes.
5.4.1 Purchase of Gift Cards
On the Buddyfit Platform it is possible in certain periods to purchase a Buddyfit Live Gift Card. The Gift Card includes a code that can be used by anyone to activate a new subscription to Buddyfit Live. The Gift Card can have a time value (for example a month of Buddyfit Live for free) or a value in the form of a discount on the subscription price (for example a 5-euros discount on the Buddyfit Live subscription). The Gift Card is issued following the purchase and the relative payment and can be sent directly to the recipient or printed and delivered by hand. As with other purchases on the Platform, the User making the purchase accepts these Terms and Conditions. Gift Cards can only be used to activate new subscriptions and are not compatible with the free trial period. Gift Cards are valid for one year unless otherwise specified.
5.4.2 Use of the Gift Card
Anyone in possession of the Gift Card code can activate the relevant subscription and when it is used once the Gift Card cannot be used so it is the User's responsibility to keep the code confidential and make it known only to the recipient. The User who intends to use the Gift Card mustlogin to the appropriate section of the Platform, register with Buddyfit (if not already registered) and accept these Terms and Conditions. The additional characteristics, values, limits and rules of the Gift Cards are indicated in the section of the Platform dedicated to the purchase itself.
5.4.3 Discount Codes.
The Discount Code (or Buddyfit Coupon) is a code that can be used by anyone who is eligible to activate a new subscription to Buddyfit Live. The Gift Card can have a time value (for example a month of Buddyfit Live for free) or a value in the form of a discount on the subscription price (for example a 5-euros discount on the Buddyfit Live subscription).
Discount Codes are not purchased through eCommerce-platforms but are negotiated specifically with Buddyfit (for example with companies for their employees or customers) and the related conditions are defined in these direct agreements.
Anyone in possession of the Discount Code can redeem the relative credit until the maximum number of uses is exhausted according to the agreement with Buddyfit. The customer is obliged to deliver the Discount Code only to the subjects defined in the agreement with Buddyfit (for example, the Discount Code purchased by the company for employees can only be given to employees). In any case, it is the responsibility of the customer and the User to keep the code confidential and make it known only to authorised subjects. The User who intends to use the Discount Code mustlogin to the appropriate section of the Platform, register with Buddyfit (if not already registered) and accept these Terms and Conditions. The additional characteristics, values, limits and rules of the Discount Code can be contained in the agreement with Buddyfit. In case of violation of the agreement with Buddyfit by the customer who acquired the Discount Code, this can be immediately deactivated and the related subscriptions suspended. Discount Codes are not compatible with the free trial period.
6. Consumer's right of withdrawal
Buddyfit services are offered to the consumer and therefore you have the right to withdraw from the contract, without indicating the reasons, within 14 days, subject to the exclusions and limits indicated below. The withdrawal period expires after 14 days from the conclusion of the contract or from the single purchase.
In the case of purchase of services through the Application Store, the right of withdrawal must be exercised through the Application Store itself and in the manner indicated therein. The methods for exercising the withdrawal on the Application Stores may vary over time and the User can refer to what is indicated therein. As for the Apple App Store, we suggest using the "report a problem" link or contact iTunes support depending on the type of purchase or contact Apple directly (Apple Distribution International Ltd., iTunes Store Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland). As for Google Play, we suggest you access your purchase history and select "request a refund" or "report a problem" or contact Google directly.
In the case of a purchase made directly on the Buddyfit website (and not through the Application Stores) to exercise the right of withdrawal, you are required to inform Buddyfit of your decision to withdraw from the purchase contract by means of an explicit declaration such as a letter sent by post or email to the following addresses: Buddyfit S.r.l., Piazza Borgo Pila 39, 16129 Genova (GE) Italy, Email: email@example.com. To this end, you can use the withdrawal form below, but it is not mandatory. We will send you a confirmation of receipt of the withdrawal without delay (by email). To meet the withdrawal conditions, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6.1 Effects of withdrawal
If the User withdraws from this contract, all payments made in our favor will be reimbursed, without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. These refunds will be made using the same means of payment as was used for the initial transaction, unless the User has expressly agreed otherwise; in any event, the User will not incur any costs as a result of this refund.
If the User exercises the right of withdrawal after having submitted a request to start the provision of services during the withdrawal period, he is required to pay Buddyfit an amount proportional to the amount provided up to the moment in which he communicated the withdrawal from this contract, with respect to all the services provided for in the contract. The proportionate amount to be paid by the consumer to the trader must be calculated on the basis of the total price agreed in the contract. Where the total price is excessive, the proportionate amount shall be calculated on the basis of the market value of what has been provided.
The withdrawal after the complete provision of the service is excluded if the execution has begun with the express agreement of the User and with the acceptance of the loss of the right of withdrawal following the full execution of the contract.
The right of withdrawal is also excluded in cases of supply of goods made to measure or clearly personalised.
However, different rules may apply to purchases through the Application Store.
6.2 Withdrawal form
To facilitate the right of withdrawal as much as possible and avoid any complaints, we provide the withdrawal form below to be used to withdraw from purchases made directly on the Buddyfit website and not on the App Stores.
Complete and return this form only if you wish to withdraw from the contract:
Piazza Borgo Pila 39
16129 Genoa (GE) Italy
I (INSERT NAME AND SURNAME) hereby notify the withdrawal from my contract of sale of the following services (SPECIFY) purchased on (INSERT DATE). I agree not to receive the service and ask for a refund of the amount paid.
Name and surname of the consumer:
Consumer's signature (only if this form is notified on paper)
It is essential to comply with any guidelines or instructions provided with respect to the services provided by Buddyfit or the Trainer. Failure to do so may result in injury or health hazard.
If the User uses sports equipment or tools, it is his responsibility to ensure that such equipment and tools are in good working and installed condition and/or are properly set up.
the User must observe and comply with the health protection indications mentioned above.
The legal rules apply for claims related to defects in services. The consumer's rights are however guaranteed.
It is not implied or guaranteed that the use of the Buddyfit Services will lead to the sporting results or other results you desire. We do not promise concrete success. In addition, actual training results depend on factors that cannot be influenced, such as physical predisposition and pre-existing conditions. The results can therefore differ significantly between different people despite the common use of the Buddyfit Services.
In light of the type of services offered (which are limited to the provision of software and digital content and the management of some personal data) Buddyfit declines all responsibility for any damage that the User may suffer while using the services, except as required by law.
To the extent that our liability is excluded or limited, such exclusion or limitation also applies to our employees or agents.
It is up to the Users to carry out the checks deemed necessary or appropriate before using the services of the Platform. Buddyfit non offre garanzie di alcun genere in relazione ai servizi e/o alle pratiche commerciali di terzi presenti nella Piattaforma. Di conseguenza, Buddyfit non garantisce che gli Utenti siano soddisfatti dei prodotti, dei servizi e/o delle pratiche commerciali sperimentati a seguito dell’utilizzo della Piattaforma.
Buddyfit is not responsible for what may be written directly by users in the public chat.
7.2 Availability of services and errors
Buddyfit does not represent or warrant that the Buddyfit Services will always be available or that the Products in question and the necessary hardware and software will be completely error free.
Due to the specific nature of the Internet and information services, Buddyfit does not guarantee uninterrupted access to the Platform or continuity of the service, Buddyfit's only obligation is to make a reasonable effort in this regard. Buddyfit will not be responsible for any failure to access the Platform or for any damage or loss resulting from the use or non-use of the Platform or its contents, except as provided by law. Buddyfit does not warrant that the information displayed is detailed, complete, verified or accurate. The Trainer services, information, and, in general, all content on the Platform are provided "as they appear" without expressing or implying warranties of any kind. Users expressly acknowledge that the photos on the Platform are not contractual. Tuttavia, poiché Buddyfit non può verificare fisicamente l'accuratezza delle informazioni raccolte e/o fornite dai Trainer, gli Utenti acconsentono al fatto che Buddyfit non possa essere ritenuta responsabile se gli Utenti non riescono a godere dei servizi dei Trainer. Thus, by way of example and without limitation, Users acknowledge and accept that Buddyfit is in no way responsible for cancelled services or Classes or if the Trainer refuses to provide a service or Class for any reason.
Users guarantee that they are fully familiar with the characteristics and limitations of the Internet and IT services and tools. In particular, they acknowledge that it is impossible to guarantee that the data sent by Users over the Internet is entirely secure. Buddyfit cannot be held responsible for any accidents resulting from such data transmission. Users agree to protect Buddyfit from liability, damages, expenses, claims or costs, deriving from complaints or disputes, including judicial ones, in relation to the use of the services of the Platform. In any case, Users explicitly acknowledge and agree to use the Platform at their own risk and under their sole responsibility.
7.3 Trainer's sole responsibility for the Buddyfit by Trainer activity.
Buddyfit is not responsible for the services provided directly by the Trainer. In the event that the User connects his profile to a Trainer, the latter will have the possibility to modify or create training plans. The agreement between the User and the Trainer takes place without any role on the part of Buddyfit which remains totally extraneous to it (without even knowing its content) and immune from any liability relating to the activity of the Trainer.
The Trainer is a professional external to the organisation of Buddyfit who does not provide any guarantee regarding the professionalism and qualifications of the Trainer, nor with respect to the actual execution of the Trainer's performance. The Buddyfit platform only provides the tools for communication and training management, remaining completely unrelated to the relationship between the User and the Trainer who remains solely responsible for his or her work. Buddyfit does not carry out (and is not required to carry out) any verification or monitoring activity on the Trainers (or on their identity or suitability), or control or moderation.
Buddyfit assumes no responsibility for the validity and correctness of the training plans, exercises and suggestions and advice of the Trainer provided through the Platform.
Unless otherwise specified, training advice is provided directly by the Trainer and Buddyfit is in no way responsible for the provision of the service by the Trainer, as well as for the quality and safety of the service. Buddyfit only provides the IT Platform for the purchase of services, training management, communication and the exchange and management of information.
8. Rights of use on the contents of Buddyfit
Buddyfit is a registered trademark of Buddyfit S.r.l.
The services we offer may contain content protected by copyright or otherwise and of which we hold the rights. However, we guarantee a non-exclusive and non-transferable right to use these contents for non-commercial uses within the scope of the contractual clauses. For the sole purpose of dispelling any doubts, we point out in particular that it is not allowed to save our contents or the distribution or dissemination of our contents with any tool or their publication, e.g. on other websites or via email, file sharing or messaging services. The right of use expires when you deactivate your access to the corresponding service (e.g. after cancelling your subscription) or at the end of the use contract.
The User agrees and acknowledges that the Platform, the contents and any Software used to provide the Service are the property of Buddyfit. The Software contains confidential and confidential information and is protected by applicable laws relating to copyright, trade secrets and other intellectual property rights (Protected Materials). The reproduction, distribution or transmission of the Software and the Protected Materials is therefore prohibited.
Any reproduction, modification, processing, redistribution or retransmission of the Software will result in Buddyfit prosecuting both civil and criminal lawsuits. The Software, its writing, sequence, organisation and source code are considered to be covered by a trade secret and are protected by law.
Notwithstanding the foregoing, copying or reproduction of the Software on any other server or location for further reproduction or redistribution is prohibited.
9. Rights of Buddyfit
Buddyfit reserves the right to refuse Users without providing explanations. In this case, the transmitted data will be immediately deleted. If the User provides false, inaccurate, outdated or incomplete data, or Buddyfit has reasonable grounds to suspect that such data is false, inaccurate, outdated or incomplete, Buddyfit has the right to immediately suspend or close the User's account in question without notice and to refuse any current or future use of the services, without the Registered User being entitled to a refund of any amount previously paid. In any case, Buddyfit reserves the right to contact the User at any time to verify the registration data.
Buddyfit reserves the right to modify options or features present in the Apps and websites or in general on the platform. In most cases Buddyfit makes changes in the Apps, websites or in general on the platform to enhance or improve them. Even to the extent that the changes do not have a concrete positive effect on the use of the App by the User, Buddyfit will not refund any amounts previously paid, unless otherwise indicated.
10. Prohibitions for the User.
It is expressly forbidden for the User to copy, reproduce, redistribute, modify or otherwise intervene on the software or on the computer code of the Platform or on the contents therein.
The user undertakes to use the Platform only for private and personal use and therefore not for commercial or industrial purposes or for any other different purpose (in particular, but without limitation, for dangerous activities or medical activities).
You may not license, sell, rent, transfer, issue the Services in any form or use them for any other commercial purpose. Due to the limitations of the Platform and the software adaptation terminals, it is possible to use the Services only within the Platform and in the manner defined by Buddyfit. Unauthorised use may damage the hardware or software function. The User acknowledges that he may use the Platform and the Services only for non-commercial purposes. The User must use the licensed software in a normal way.
The following activities (indicated by way of example and not exhaustively) are prohibited and the user must respond to Buddyfit for any damage caused to it:
a) issue or share computer viruses, worms, malicious code or software that deliberately damage or modify the system or data of the Platform;
b) collect information or data of other Users without authorisation, for example email address and the like;
c) use the Platform fraudulently or maliciously or automatically, or by causing server overload or by interfering with or damaging server and network connections in other forms;
d) copy part of the Platform or part of its code to other applications, websites or Services;
e) interfere with, modify, damage or corrupt part of the Platform or part of its code;
f) attempting to access server data or product communication data without authorisation;
g) use the Platform without having verified that your device is virus-free;
h) interfere with or damage the Platform
i) contact directly a Trainer found within the platform in order to circumvent the activity, service or rules of Buddyfit;
j) when using the platform and public chat during the Classes, convey discriminatory, political or otherwise non-inherent messages, use vulgar, offensive or discriminatory language or expressions, advertise or display brands without authorisation, do or say anything not inherent to the activity or that may in some way offend the sensitivity of users or even indirectly damage the image of Buddyfit;
k) save, copy, retransmit, modify, distribute or disseminate any content of the Platform (images, audio, video, text, code, etc.).
The User promises not to undertake any act in violation of the laws or improper behaviour using the Service, such act and behaviour include (among others):
1) unauthorised uploading, transfer or sharing of information;
2) opposition to the fundamental principles determined by the law;
3) dissemination of obscenities, pornography, gambling, violence, murder and terror or aiding and abetting a crime;
4) insult or slander others and violate the legal rights and interests of others;
5) elements of fiction, fraud, harm, threat, violation of the privacy of others, harassment, violation, slander, crudeness, indecency or morally repulsive content;
6) other elements subject to restrictions or prohibited by applicable laws, regulations, rules, provisions and other legal standards.
11. Anti-fraud protection
The User is required to protect his account from unauthorised access and fraudulent use. We therefore invite the User to promptly notify us via email at firstname.lastname@example.org, any unauthorised or fraudulent use of his account, or any suspicion that his personal account may be at risk. Buddyfit has the right to close or delete the account of any registered User in case of unauthorised or fraudulent use of the account.
12. Content uploaded by the User
The Buddyfit services include the possibility for the User to upload their own images to see and evaluate any improvements obtained over time through training. In this regard, Buddyfit will save the images on its servers and make them available to the User through the application.
Only in case of specific and expressed consent from the User, the connected Trainer will be able to access the images to be uploaded by the User in order to be able to evaluate the progress and needs of the User according to the training.
The User can at any time delete these images from the Buddyfit databases.
12.1 Protection of uploaded images.
Buddyfit offers a high level of computer protection against unwanted access to the images saved on its databases but (unless otherwise required by law) it assumes no responsibility for the case in which third parties are able to access the images in unpredictable and such ways which cannot reasonably be avoided. Furthermore, it is the responsibility of Users to keep confidential their profile access credentials as they allow access to images and other information. Buddyfit assumes no responsibility in case of unwanted access to the profile and contents through the correct credentials, or in case of unwanted sharing of the contents by the Trainers.
12.2 Prohibition to Upload Third Party Images, Prohibited or Offensive Images, or Nude Images.
It is absolutely forbidden for the User to upload images of other people or to upload images whose use or possession is prohibited by law or which are offensive and in any case the inclusion of nude images is prohibited.
Regardless of whether this gives rise to a crime, it is generally forbidden to upload content of a pornographic, sexual, violent, racist, seditious, discriminatory, unsuitable for minors, offensive and/or defamatory nature.
When posting your content, you are required to comply with all applicable laws and regulations.
The User and the Trainer are also required to refrain from violating the rights of third parties. This applies in particular to the personal rights of third parties and to the intellectual property rights of third parties (e.g. copyright and trademark rights). In particular, users must respect the necessary rights for uploading images.
The visualisation of the images by Buddyfit and its employees and collaborators is limited according to the privacy legislation and therefore no moderation activity is carried out. The only activity of Buddyfit consists, using computer methods, in saving the images and making them available to the same User who uploaded them.
We are authorised at any time and without notice, to delete or remove illegal content or content that violates the above principles. In the event of a breach of the above principles, we reserve the right to warn you or temporarily block your User profile or cancel the User agreement for good cause in accordance with this clause.
12.3 User's responsibility for images.
By uploading the images, the User assumes all responsibility regarding them, acknowledges that he is legitimately in possession of them and exonerates Buddyfit from any liability towards himself and expressly indemnifies Buddyfit from any liability towards third parties.
The User is obliged to indemnify Buddyfit for all requests from third parties following a violation of their rights by the User in relation to uploaded content. The User is also required to bear the costs of all legal actions in which Buddyfit may be involved in relation to the aforementioned requests, including all court costs and legal fees to the maximum extent permitted by law, unless its liability for this violation has not been expressly excluded.
In the event that a request is submitted by a third party, the User must provide Buddyfit, in a timely and accurate manner, with all the information available to the User that may be necessary to verify the request and prepare a defensive action. This provision does not affect further claims for damages that Buddyfit may eventually make against the User.
13. Duration, termination and cancellation
The User has the right to cancel his User profile at any time, without having to provide a reason, thus terminating your contract of use at the same time. To do this, simply select the right settings on your profile. Please note that once you delete your User profile, we will delete or may delete all content and training results you have added, and you will no longer be able to access the content you have already purchased. If at the time of deleting the profile there is a service not yet completed, the sums already paid will not be reimbursed, not even with a proportional formula.
We reserve the right to cancel a contract of use, without having to indicate any reasons, but not before the terms for using the purchased services have expired.
The right of cancellation for just cause remains valid for both parties. Ci riserviamo in particolare il diritto di cancellare il tuo contratto di utilizzo o Abbonamento con effetto immediato e di cancellare il profilo Utente in caso di violazione anche non grave o ripetuta delle clausole del contratto di utilizzo e/o dei Termini e Condizioni o in caso di ritardo nei pagamenti.
14. Personal data
Our company manages the User's personal data in compliance with our privacy policies; the updated version is available on the platform. These privacy protection rules regulate and explain, in particular, which personal data may be viewed by other Users and what options are available to you to control disclosure to other Users.
If the User connects the profile to a Trainer, the latter will be able to access some personal information including: name, surname, nationality, preferred language, gender, Username, email address, profile picture, date of birth, weight (with changes over time), height, training preferences, training plan, previous training, exercise and training statistics, type of subscription.
In the event of specific and express consent from the User, the Trainer may access the images uploaded by the User in order to be able to assess the User's progress and needs in relation to training.
14.1 Services that involve the transfer of data
Buddyfit relies on various third party suppliers to provide its services.
Buddyfit uses Apple's HealthKit tool (Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, USA), which is the Apple Device Health App, which provides a central repository for health and fitness data on iPhone and Apple Watch and, with the explicit consent of the User, allows apps to communicate with HealthKit to access and share such data.
Depending on your settings, data may be transferred from Buddyfit to HealthKit and vice versa.
The data are processed in any case in the manner and for the purposes described in this statement.
Buddyfit and its statistical service providers may analyse engagement data for research purposes, in order to offer a personalised experience and to motivate engagement in healthy habits.
You can choose whether to activate the data exchange between Buddyfit and HealthKit by accepting when requested or by selecting your preferences in the Buddyfit settings. You can also choose to enable sharing of some data and not others.
You can prevent Buddyfit from accessing your data at any time by changing the settings on your mobile device.
We may also use similar functions for other devices including Android.
15. Consent to data processing
16. Online Dispute Resolution
Furthermore, Buddyfit informs the User if they assume the role of consumer that a European platform for online resolution of consumer disputes has been established (known as the ODR platform), as laid down in article 3, paragraph 1, lett. a) of the Consumer Code. The ODR platform can be consulted at the following address https://ec.europa.eu/consumers/odr/
through the ODR platform, the consumer User will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure of the dispute in which he is involved.
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration office. Our email address is listed in these Terms and Conditions.
12. Changes to the Terms and Conditions
We reserve the right to modify and adapt these Terms and Conditions with effect for the future; such changes will in any case be made in good faith in respect of your interests. We will inform the User of the changes by email (to the address provided during registration) no later than two weeks before the expected entry into force of the new Terms and Conditions. In the absence of opposition to the validity of the new Terms and Conditions within this period and by continuing to use Buddyfit, the new Terms and Conditions will be considered as accepted. In case of non-acceptance, we expressly reserve the right to terminate the contract.
18.1 Applicable law, language and jurisdiction
The relationship between the parties is governed by Italian law with the exclusion of the UN Convention on International Sales Contracts (CISG). As regards commercial transactions with customers within the European Union, the law of the consumer's country of sale can also be applied only if it contains provisions on the rules for consumers that are mandatory to apply.
The language of the Contract is Italian.
Unless otherwise provided by law (including the provisions relating to the jurisdiction of the consumer's court), the Court of Genoa is competent in the event of a dispute.
19. Safeguard Clause
If any of the clauses of the Terms and Conditions are or become completely or partially invalid, this will not affect the remaining clauses.
Piazza Borgo Pila 39
16129 Genova (GE) Italia
21. Option for saving and revising the contract language
These General Terms and Conditions of Business can be checked on the Platform (app or website). To save a permanent copy of these Terms and Conditions on a data carrier it is possible to download the version in “pdf” format free of charge. Refer to your browser help for information on how to save files. To open a "pdf" file you need special software such as the free Acrobat Reader program or a similar program that uses "pdf" files.
You can consult any other information and contractual data on the platform, or print or save the order confirmation received after completing a purchase.