FitCrowd

 

FitCrowd - Terms and Conditions

Last updated: June 25, 2020

  1. INTRODUCTION

We, at KUDOS Technologies SRL pursue a vision: to combine a healthy and organized lifestyle with the automation of data management. FitCrowd is a product that resulted from the desire to support any person, worldwide, to release his/her full potential, physically as well as mentally, and to become the strongest version of one’s self. We are looking forward to welcoming you as part of the FitCrowd community.

 

The following General Terms and Conditions of Business set out the legal framework for using FitCrowd and the services that we offer. Therefore, please read these General Terms and Conditions of Business carefully.

  1. OVERVIEW

2.1 Interpretation

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

2.2 Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where control means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Company (referred to as either the Company, We, Us or Our in this Agreement) refers to KUDOS Technologies SRL located in Cluj County, Cluj-Napoca, Baii Street, No. 16, Apt. 18.

Country refers to:  Romania

Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.

Service refers to the Website.

Terms and Conditions (also referred as Terms) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to FitCrowd, accessible from https://fitcrowd.net/.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

  1. COMMUNICATIONS

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at contact@kudostech.ro.

  1. SCOPE

4.1 Parties to the contract and subject matter of the contract

These General Terms and Conditions of Business form the basis of the user contract being formed between you and us, KUDOS Technologies SRL, Baii Street, No. 16, Apt. 18, Cluj-Napoca, Cluj County, Romania (hereinafter referred to as "us" or "we"). The subject matter of this contract is the use, free of charge or for a fee, of the services we offer under the name FitCrowd via our website https://fitcrowd.net/ or via our software application (hereinafter referred to individually as "FitCrowd Service" or collectively as "FitCrowd Services" or in general "FitCrowd").

 

4.2 Terms and conditions for participating

A condition for opening a user account and using the FitCrowd Services is that you are at least 18 years of age and have full legal capacity.

FitCrowd is intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Use of FitCrowd for commercial purposes of any kind is expressly prohibited.

 

4.3 Additional terms and conditions

We reserve the right to agree to additional terms and conditions for individual FitCrowd Services. We will, however, notify you of this in good time prior to use.

  1. FITCROWD’S SERVICES AND PRICES

5.1 Services free of charge or for a fee

The scope of the services included in FitCrowd and the FitCrowd Services and available for use by you depends on the type of FitCrowd Service and whether you use the FitCrowd Services free of charge or for a fee. If you use it free of charge you only have access to certain basic functions and information of the respective FitCrowd Service. A more extensive range of functions is available to you if you enable the respective content modules (such as a training routine) separately in return for a one-off payment or as part of a subscription for the respective FitCrowd Service.

 

5.2 Subscriptions

Some parts of Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.

 

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or KUDOS Technologies SRL cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting contact@kudostech.ro customer support team.

 

A valid payment method is required to process the payment for your subscription. You shall provide KUDOS Technologies SRL with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize KUDOS Technologies SRL to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, KUDOS Technologies SRL reserves the right to terminate your access to the Service with immediate effect.

 

5.3 Free Trial

KUDOS Technologies SRL may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

 

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by KUDOS Technologies SRL until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

 

At any time and without notice, KUDOS Technologies SRL reserves the right to:

  1. modify Terms of Service of Free Trial offer, or
  2. (ii) cancel such Free Trial offer.

 

 

5.4 Fee Changes

KUDOS Technologies SRL, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

KUDOS Technologies SRL will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

5.5 Refunds

We issue refunds for Contracts within 30 days of the original purchase of the Contract.

 

5.6 Prices

Please consult the website https://fitcrowd.net/ for information on the respective current pricing and subscription models and the services that these include. All prices stated include the applicable VAT.

PLEASE NOTE: FitCrowd has an additional extension to the original service. Such extension is represented by Compete, a service where users register and collect points based on their daily activity. The user’s activity data is provided by HealthKit in iOS to create a more seamless user experience. Please refer to FitCrowd terms and conditions to identify the entity licensing Compete to you and for support information.

  1. YOUR HEALTH

6.1 Terms and conditions with regard to your health

Use of the FitCrowd Services(including other extension applications such as Compete) is at your own risk.  In any case a condition for the use of the FitCrowd Services (especially for online trainings) is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you start the FitCrowd Services (such as trainings or coachings).

This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures:

• cardiovascular disease,

• lung or respiratory disease (including asthma),

• spinal and/or joint problems,

• neuromuscular disease,

• surgical procedures,

• any other health issues

In case of FitCrowd Services related to nutrition, you are responsible for verifying that the foods and nutrients recommended as part of the coaching or guide do not contain any ingredients or contents to which you are allergic, or which may cause food intolerance.

The following general rules apply: Listen to what your body is telling you. Before using the FitCrowd for the first time or while using FitCrowd, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing with the trainings.

The services and information offered by FitCrowd do not constitute medical advice or a doctor's advice. Nor are they a substitute for a medical examination or treatment by a doctor.

  1. USER ACCOUNT

7.1 Registration process

In order to use FitCrowd you must first register and open a user account. You can open a user account either directly online at https://fitcrowd.net/ or via out FitCrowd mobile app. You may not use domain names or web URLs in your username without the prior written approval of KUDOS Technologies SRL. We will ask you to accept these General Terms and Conditions of Business and our privacy policy during the registration process. After you register, for security reasons we will first send you an email in which we ask you to verify the registration by clicking on the "Confirm account" field. After you have clicked on this field you will be redirected to a website where we will finally confirm your registration. Only then will the registration process be complete.

You also have the option of signing in with your Facebook or Google accounts. In this case, the sign-in process is completed when you have entered the account information for your corresponding account and clicked "Confirm".

7.2 Subscription Cancellation

Every subscription for a FitCrowd Service must be cancelled individually. Subscriptions are not refundable after purchase. You can cancel any subscriptions purchased via our website https://fitcrowd.net/ or via our FitCrowd application by selecting the appropriate setting in your user profile. Alternatively, you may also cancel your subscription by email, sent to the address contact@kudostech.ro.

 

7.3 Conclusion of a Contract

How the respective contract is formed depends on the method by which you register for FitCrowd for the first time and whether you sign up for additional fee-based services.

 

7.4 Online registration on the https://fitcrowd.net/

When registering on our website https://fitcrowd.net/, the user contract between you and us is formed after the registration process is fully completed.

7.5 Registration via mobile apps

When registering via mobile apps, the formation of the user contract depends on the rules of the app store supplier (for example Apple, Google, Sony etc.). The contract is generally formed when you click on the "Install" field in the relevant app store and, where necessary, enter your password in question. Please note that in order to use the FitCrowd Services it is still necessary to open a cost-free user account with us.

7.6 Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

7.7 Disclaimer of responsibility for third party content

 

You are solely responsible for content that you post within the FitCrowd Service. We accept no responsibility for this content, nor do we monitor it. You are prohibited from advertising commercial websites or other products through your user account.

 

7.8 Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

KUDOS Technologies SRL has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of KUDOS Technologies SRL or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

7.9 Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of Service.

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify Company rating.

0.9. Otherwise attempt to interfere with the proper working of Service.

  1. LIABILITY

8.1 General

Insofar as you are provided with guides or instructions in connection with the FitCrowd Services it is imperative that you follow them. Otherwise you risk being injured and your general health.

Insofar as you use equipment or training tools it is your responsibility to ensure that such equipment and tools are in good working condition and installed and/or set up properly.

You need to observe and respect our health safety notices in clause 6.

 

8.2 Liability for Defects

Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.

 

8.3 Disclaimer of guarantees

We do not make any representations or guarantees that the use of the FitCrowd Services will bring the training or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the FitCrowd.

 

The Service is provided to You AS IS and AS AVAILABLE and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

8.4 Liability for services provided free of charge

For services provided free of charge, we will be liable, regardless of the legal basis, exclusively for damage due to willful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for willful misconduct. In the event of gross negligence or the absence of a guaranteed feature our liability is limited to reasonable, foreseeable damage. Otherwise, our liability is excluded.

 

8.5 Liability for services provided for a fee

In the case of services provided for a fee we have, regardless of the legal basis, unlimited liability in principle for damage due to willful conduct or gross negligence or the absence of a guaranteed feature. If we breach a material contractual obligation as a result of slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfill the purpose of the contract, and on the fulfillment of which you as the consumer can rely or ought to be able to rely. Our liability in the event of any injury to life, limb or health that is our fault remains unaffected by the above-mentioned limitations.

Otherwise, our liability is excluded.

 

8.6 Liability of our employees

To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.

  1. INTELLECTUAL PROPERTY

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of KUDOS Technologies SRL and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of KUDOS Technologies SRL.

  1. COPYRIGHT POLICY

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@kudostech.ro, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

  1. DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

0.4. your address, telephone number, and email address;

0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at contact@kudostech.ro.

  1. ERROR REPORTING AND FEEDBACK

You may provide us either directly at contact@kudostech.ro or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

  1. LINKS TO OTHER WEBSITES

Our Service may contain links to third party web sites or services that are not owned or controlled by KUDOS Technologies SRL. KUDOS Technologies SRL has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

  1. TERMINATION

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. GOVERNING LAW

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

  1. DISPUTES RESOLUTION

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

  1. CHANGES TO SERVICE

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

  1. CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

  1. SEVERABILITY AND WAIVER

19.1 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

19.2 Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

  1. ACKNOWLEDGEMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

 

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the application or the website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

 

CONTACT US

If you have any questions about these Terms and Conditions, you can contact us by email, at contact@kudostech.ro.