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This license agreement is between you (hereinafter: “Contractual partner” or “You”) and FITTAR B.V., with its registered office at Viaductstraat 3-18, 9725BG Groningen ( hereinafter: “FITTAR” or “we”) closed. It regulates your use of the FITTAR websites, the FITTAR software application and the services provided by Etone motion analysis for the fitness area (hereinafter: the „Services”).

General and overview

By accessing and using the Services, you declare that you have read, understood and accept these terms. If you do not agree, you should not use the services.

As explained in more detail in the provisions (and without restricting their express regulations), you also agree to the following by access and use:

You have read and understood our Privacy policy, to which the provisions of this contract refer.

Disputes between you and FITTAR will, as far as this is legally permissible, be settled in a binding arbitration procedure, as specified in particular in the attached arbitration agreement. By agreeing to this contract, as detailed below, you and FITTAR each waive the right to a state trial or to participate in a class action lawsuit.

You agree to a regular automatic renewal of your subscription. This applies until you cancel your subscription.

We are constantly improving our services. This can lead to us introducing new functions or restricting certain functions. We reserve the right to change the services at any time, to suspend or to discontinue some of the services.

We reserve the right to change the terms of the contract at any time.

By using the services after the change comes into effect, you agree to the terms of this contract as amended.

1. Use of the services

1.1. You or another person who uses the services on the basis of the contract you have concluded (hereinafter: “User”) must be at least 18 years old in order to legally register for the services and to be able to use them. Minors between the ages of 13 and 18, who can use the services safely based on their physical and cognitive requirements, may use individual services, provided that

  1. a legal guardian has consented to the use and the associated conclusion of the contract and
  2. use is under the supervision of a legal guardian. The legal guardians are liable for the actions and omissions of this user in connection with the use of the services.

1.2. FITTAR is free to refuse the use of the services to a natural or legal person or to change the admission criteria. The services are only available to the user for personal, non-commercial use. Use by third parties is not permitted.

2. License

Subject to your compliance with the following agreement and conditions, FITTAR grants you or the user a limited, non-transferable, non-exclusive, revocable license to access and use the Services solely for your personal, non-commercial use and for no other purpose. This license includes the limited right to see the content available on the Services. It only applies to you or the user personally and may not be passed on to third parties or sublicensed.

3. Data protection

Our privacy policy is part of these conditions. Please read the privacy policy to find out

  1. what data we collect about you or the user,
  2. what we use this data for and
  3. whether, how and to whom we pass on the data.

4. Subscriptions

4.1 With the purchase of a FITTAR product you acquire a membership (“device subscription”). This grants you personal access to all available classes, contents and functions of the services via the purchased device for the duration of their validity. You can also access the services via the FITTAR app for the duration of your membership. Please note that digital memberships (“digital-only subscriptions”) can be purchased separately.

4.2 The holder of the device subscription or the digital-only subscription is the person who activated the subscription on the devices or in the apps to which the subscription is assigned (“Subscriber”). As a subscriber, you can have one or more subscriptions. Each subscription gives the subscriber access to the corresponding membership functions. Non-subscription users have limited access to the FITTAR features.

4.3 Digital-only subscriptions are renewed monthly unless they are canceled in accordance with these membership conditions. After the termination notice has been given, the user can continue to use the services until the contract expires.

4.4 Payment is due at the beginning of each month. With the purchase of a subscription, you or the user undertake to make all payments due until you or FITTAR effectively cancel your subscription (info@fittar.eu).

4.5 To change or cancel your subscription, go to your account settings or contact our support team.

4.6 In the following cases, FITTAR is entitled to cancel, block or block your subscription without notice and without prior notice:

  1. Your payment is overdue (in which case we will make reasonable efforts to notify you of the overdue payment before we take any of the above measures);
  2. You provide incorrect or inaccurate information when registering;
  3. You do not comply with the provisions of this contract or other FITTAR regulations that apply to you,
  4. You act against applicable laws or tariffs (such as copyright and intellectual property protection laws); or
  5. They behave in a manner that threatens, abuses or harasses FITTAR employees, representatives or other FITTAR users.

4.7 You are obliged to provide FITTAR with complete and accurate registration and membership information, to comply with the envisaged registration process and to notify us if your data changes during the term of the contract. If you do not keep your account information up to date, we may have to suspend or cancel your subscription without prior notice.

4.8. Participation in our courses with a personal trainer is subject to a fee. Additional training times are to be paid in addition to the subscription fees for FITTAR content. For more information on our on-demand courses and memberships, visit the FITTAR website at www.fittar.eu.

4.9 You or the user may only enter personal data belonging to the user. Other people’s names, names, locations, other public profile information, or images that violate the rights of third parties, violate the law, or are offensive, obscene, or otherwise objectionable may not be used. FITTAR can, at its own discretion, decide whether such uses are permissible.

4.10 You or the user are responsible for all activities that take place within the framework of your membership, including all activities of unauthorized users. You must not allow others to use your account in any way. You are obliged to keep your access data confidential. If you are using a device that others have access to, sign out of your account after using the services. If you become aware of unauthorized access to your account, change your password and notify our support team, info@fittar.eu.

4.11 The user can cancel the membership for the first time at the end of 12 months after the creation date.

5. Selling products

5.1 The scope of delivery includes the FITTAR product. 

5.2 Unless otherwise stated at the time of purchase, payment is due when ordering. The ordered products will be delivered to the delivery address you. We reserve the right to cancel an order you have placed at any time and for any legitimate reason before the products are delivered and you / users receive full payment. In this case, we will reimburse fees that you have paid in advance for these products. It is at our discretion whether we send confirmation of receipt of your order and / or proof of purchase after your payment has been processed / completed. This can be done via the FITTAR website or by email.

5.3. Neither the FITTAR product nor the services are allowed

  1. for business purposes
  2. on behalf of a commercial organization and its customers, residents or other users in a single physical location (e.g. gym, hotel or apartment, condominium or similar building) be acquired.

5.4 The price for the FITTAR hardware excluding delivery service is mentioned on the FITTAR website (www.fittar.eu). 

6. Cancellation policy (services) & cancellation form

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Consumers are entitled to a right of withdrawal under the following conditions. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity:

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A. Cancellation policy (services)

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Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason subject to the condition that the goods delivered by FITTAR to you are undamaged. If your FITTAR product is returned in a damaged condition or with missing parts, you can be charged a redemption fee.

The cancellation period is fourteen days from the day the contract is concluded and the products are delivered. 

In order to exercise your right of withdrawal, you must provide us (FITTAR B.V., Viaductstraat 3-18, 9725BG Groningen, email info@fittar.eu) with a clear statement (e.g. one by email) of your decision to cancel this contract.

You can use the attached sample cancellation form. However, the use is not mandatory.

To meet the cancellation deadline, it is sufficient that you send the message about the exercise of the right of cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we have made all payments that we have received from you, including any delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the services should start during the cancellation period, you have to pay us a reasonable amount, which is the proportion of the services already rendered in the period up to the point in time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided in the contract.

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal expires prematurely if we have completed the service and we have only started to perform the service after you have given your express consent and at the same time have confirmed your knowledge that you will lose your right of withdrawal if we fully fulfill the contract.

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B. Withdrawal form

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If you want to cancel the contract, please fill out this form and send it back.

At

FITTAR B.V.

Viaductstraat 3-18

9725BG Groningen

Email: info@fittar.eu

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)

_______________________________________________________

_______________________________________________________

Ordered on (*) ____________ / received on (*) __________________

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I/we (*) hereby accept the transportation costs for returning the above mentioned goods to FITTAR and I/we declare that the goods are in a non damaged condition.

Name of the consumer (s)

________________________________________________________

Address of the consumer (s)

________________________________________________________

Signature of the consumer (s) (only for notification on paper)

_________________________

date

(*) Delete where inapplicable

7. Content

You or the user may not upload, publish, transmit, distribute or transmit any content to any of the services that violate existing law. This applies in particular to content that

  1. Violate copyrights or other rights of third parties (e.g., trademarks, data protection rights, etc.);
  2. explicitly contain sexual content or pornography of any kind,
  3. contain hateful, aggressive, violent, defamatory or discriminatory content,
  4. fuel hatred of individuals or groups of any kind,
  5. constitute the abuse of minors, illegal acts or extreme violence, cruelty to animals or extreme violence against animals,
  6. Promote fraudulent activities such as multi-level competitions, chain letters, online games, games of chance.

8. Third party software and applications

Downloading and / or installing third-party software and / or applications that are not authorized by FITTAR on the device or on FITTAR hardware is strictly prohibited. Such downloading or installation is at your own risk. Failure to do so will void all warranty and support claims against FITTAR.

9. Third party links, content and materials

You may be able to leave the services via links and access websites operated by third parties. FITTAR has no influence on the content of these websites, nor has FITTAR checked or approved the content that appears on them. FITTAR assumes no liability for the legality, truthfulness or appropriateness of content, advertising, products or other materials on or from such third party websites. FITTAR is not liable for damage or loss caused by or in connection with the access to or use of such third party websites. FITTAR is not responsible for any damage, loss, injury or other matter of any kind arising from the use of equipment or connections provided by third parties.

10. Warranty

10.1 FITTAR assumes a warranty only for defects that relate to non-commercial use indoors and in private rooms. Any other use will void the warranty rights. During the two year warranty period described below, the components covered are free from defects or malfunctions under normal use. Certain exclusions apply .

10.2 The warranty applies to the elements listed below and for the specified period. It only applies to defects that occur within the respective warranty period and only as long as the product in question remains in the possession of the original buyer or the original subscriber of this product.

10.3 FITTAR provides a 24-month guarantee on the screen, the frame and all built-in hardware elements (e.g. camera, processor) against processing and material defects. The period begins on the date of delivery to the buyer.

10.4. If there is a defect in the FITTAR panel within the warranty period, FITTAR can, at its discretion, decide within the scope of what is legally permissible whether the device is to be repaired or replaced by a device of the same or a comparable model.

10.5 The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

10.6 If FITTAR exchanges or repairs the device, the remaining term of the original warranty period is extended by 14 days or by the legally prescribed period. If in doubt, the period that ends later applies.

11. Terms of delivery

We deliver the FITTAR product to your door, using third-party logistics or an internal delivery system, which can affect the delivery time and delivery date.

If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which FITTAR BV may not be held liable for any damage.

If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to FITTAR BV, failing which FITTAR BV cannot be held liable for any damage.

Should you decide to order the product with installation by FITTAR, our team will ensure that the FITTAR product is set up correctly and is functional.

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