Terms & Conditions



At fitAnalytica, our goal is to support our users on their fitness journeys and provide the best possible experience. To achieve this, we have updated our Terms & Conditions (“T&C”) which clearly outline rights, responsibilities and our Privacy Policy.

Disclaimer
Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. FitAnalytica neither substitutes your doctor, nor is FitAnalytica responsible for your behavior. The contents of the FitAnalytica Products, regardless whether they are provided by FitAnalytica, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By accepting these T&C, you confirm that you are solely responsible for your health.

Prerequisite:
 Neither the registration nor the use of the complete spectrum of FitAnalytica Products shall be possible without consent to these T&C. These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for FitAnalytica Products. In particular, the FitAnalytica online offering will be accessible via FitAnalytica.com.



SUBJECT OF THE AGREEMENT
Applications for web, Apple iPhones, Android phones, and other smartphones and other devices on a global scale, that can be used both isolated on the smartphone as well as in connection with our server.Subject to the user’s consent, relevant data is transmitted from the smartphone to our server.The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to our server, results in data charges levied by mobile carrier and will have to be borne by the user.Additional terms and conditions on the part of the mobile phone providers apply.



REGISTRATION
For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth and other required details, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of fantasy names or pseudonyms is not possible; or Via adoption by FitAnalytica of registration details provided by the user in the social networks Facebook or Google: Registration via Facebook Connect or via Google Sign-In requires the user to confirm that the selected details, which the user previously provided on Facebook or Google, shall be adopted by the FitAnalytica network. By registering, the user confirms his/her knowledge and the unlimited recognition of the content of these T&C as well as that all registration data is true, accurate, current, and complete, and he/she will keep all registration information up to date. Following successful registration, the user (then the “Registered User”) can log on to the Platform through login via Facebook Connect or Google Sign-In.

Rights of FitAnalytica
FitAnalytica reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.If you provide any information that is untrue, inaccurate, not current or incomplete, or FitAnalytica has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FitAnalytica has the right to suspend or terminate your account immediately and without prior notice. In any event, FitAnalytica reserves the right to contact you at any time to verify your registration data.

User Identity.
 FitAnalytica is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent.



GENERAL TERMS AND CONDITIONS FOR ALL USERS
Fraud protection:
You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at care@fitAnalytica.com of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk. FitAnalytica has the right to close or cancel the account of any Registered User in the event of any unauthorized or fraudulent use of the account.

Changes to the Apps:
 FitAnalytica reserves the right to change options or features. In most cases FitAnalytica makes changes to the Apps to enhance or improve them.

Discontinuation of Apps:
 FitAnalytica reserves the right to discontinue one or more Apps. All users shall be given notice of the discontinuation of the App. Please note that during this period the two following limitations apply:1. It may not be possible to download the App on another device.2. FitAnalytica will not update the App during this period. This means that if the operating system of your device is updated or if other relevant third party technical services change during this period, it may not be possible to use the App any longer. FitAnalytica assumes no liability for this.

User’s Termination Right:
 Each user shall have the right to terminate the use of FitAnalytica products at any time via his/her account settings. Such termination shall be confirmed to the user.

FitAnalytica’s Termination Right:
 Additionally, FitAnalytica reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user’s obligations as set forth in these T&C and ancillary agreements.

Medical Advice:
 The use of any software or hardware offered by FitAnalytica is no substitute for the consultation by the user of a specialized doctor.

External Content:
 Additionally, FitAnalytica does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. FitAnalytica does not make any representations or warranties with respect to products or services of third party providers.



INDEMNIFICATION BY USERS
Indemnification:
 The user shall indemnify FitAnalytica for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to or any of the FitAnalytica Products by such user or as a result of any other usage by such user of applications available from FitAnalytica. The user shall bear the costs of any legal proceedings, in which FitAnalytica may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.

Support:
 In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to FitAnalytica all information available to such user that may be necessary to verify such claim and defend against it.

Last updated: 24-May-2020