Fittr
Fittr

Fitr's Terms and Conditions

Last updated: 12-12-2023

These Terms and Conditions apply to:

  • the use of this Application, and
  • all other related Agreements or obligations with the Owner in a legally binding manner. Capitalized words are defined in the relevant section of this document.

Any other contract or agreement between Fitr and the Sellers shall always prevail over the provisions of these Terms and Conditions. Therefore, in such cases, these Terms and Conditions shall only apply supplementarily and in accordance with the applicable provisions in such agreements or contracts.

This Application is provided by:

Fitr.nl B.V.

Karperstraat 104

1432PB Aalsmeer

Contact email address: hallo@fitr.nl

Information about this Application

Fitr is a digital marketplace for fitness services, connecting consumers with personal trainers based on search criteria and profile data.

"This Application" refers to:

  • this website, including subdomains and any other website through which Fitr makes services available;
  • the Application Program Interfaces (APIs);
  • the service;
  • all applications, sample and content files, source code, scripts, instruction sets or software that are part of the Service, as well as related documentation;

What the User needs to know in short:

  • Please note that some provisions in these Terms and Conditions may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to Users who are not considered Consumers. These limitations are always explicitly stated in the relevant provision. Provisions lacking such a statement apply to all Users.
  • This Application automatically renews product subscriptions. Information regarding a) the renewal period, b) termination, and c) cancellation can be found in the relevant section of these Terms and Conditions.

How This Application Works

Intermediation

This Application only allows Users to connect and communicate with third parties. Fitr is therefore not directly involved in these interactions, nor does it mediate, participate in, or benefit economically from any agreements or transactions entered into as a result of these interactions.

The Services of this Application are provided to Buyers free of charge. Products offered by Fitr or by Sellers via this Application are identified as such.

Without prejudice to its role as a purely technical intermediary as described above, Fitr may provide additional services to both parties in these interactions, such as offering packaging, shipping, or facilitating dispute resolution.

This Application only provides a technical infrastructure or platform to enable Users to communicate with each other. Fitr is therefore not directly involved in the interactions between Users.

These Terms and Conditions apply to the described use of this Application as a platform. Unless otherwise stated, these Terms and Conditions also apply to transactions between Buyers and Sellers. This does not imply that Fitr is involved in these transactions.

Buyers must carefully read the information provided by Sellers regarding the terms of sale, characteristics, and technical specifications of the Product. Sellers offering their Products via this Application are responsible for the quality and safety of the Products offered.

Fitr does not check, monitor, manage, or inspect Products offered by Sellers via this Application. This means that, unless otherwise provided by mandatory law, Fitr has no liability whatsoever in connection with these Products, including their quality, safety, accuracy of description, or the Seller's ability to deliver them.

Similarly, Fitr does not check, monitor, manage, or inspect the Buyers using this Application. Therefore, Fitr has no liability whatsoever in connection with the activities of Buyers on this Application, including their legal capacity to execute a transaction or their ability to pay the associated costs.

TERMS OF USE

Unless otherwise indicated, the Terms of Use in this section generally apply when using this Application.

Specific or additional terms of use or access may apply in specific scenarios, and if so, these will be stated additionally in this document.

By using this Application, Users confirm that they comply with the following conditions.

  • There are no restrictions on Users in the sense that Consumers and Business Users are not distinguished.

Account Registration

To use the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner. The Service is not available if this is not done.

Users are responsible for keeping their login credentials confidential and secure. For this reason, Users are also obligated to choose the strongest possible passwords available in this Application.

By registering, Users agree to be fully responsible for all activities that take place under their username and password.

Users must immediately and unambiguously inform Fitr via the contact details in this document if they believe their personal information, including their User accounts, login credentials, or personal data, has been compromised, inappropriately disclosed, or stolen.

Account Registration Terms

The following terms and conditions apply to the registration of User accounts in this Application. By registering, Users agree to comply with these terms and conditions.

  • Account registration by bots or other automated methods is not permitted.

Account Termination

Users may terminate their account and cease using the Service at any time by:

  • Using the account termination tools within this Application.
  • Contacting Fitr directly via the contact details in this document.

Account Suspension and Deletion

Fitr reserves the right, at its sole discretion, to suspend or delete User accounts deemed inappropriate, offensive, or in violation of these Terms at any time without prior notice.

Suspension or deletion of User accounts does not entitle Users to compensation, damages, or refunds.

Suspension or deletion of accounts due to causes attributable to the User does not relieve the User of the payment obligation for applicable fees or prices.

Content in this Application

Unless otherwise indicated or clearly identifiable, all content available in this Application is owned by and provided by Fitr or its licensors.

Fitr makes every effort to ensure that the content offered in this Application does not infringe on applicable laws and regulations or the rights of third parties. However, it is not always possible to achieve this result.

In such cases, without prejudice to Users' legal rights to enforce their rights, Users are requested to report related complaints, preferably using the contact details in this document.

Rights Regarding Content in this Application

All intellectual property rights for this content are owned and reserved by Fitr.

Users may therefore not use this content in a way that is not necessary or intended for the proper use of the Service.

Specifically, but without limitation, the User may not copy, download, share (except within the limits specified below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works of the content, nor allow third parties to do so via the User or their device, even without the User's knowledge.

If explicitly stated in this Application, the User may download, copy, and/or share certain content available through this Application solely for personal, non-commercial use, provided that copyright notices and any other notices required by Fitr are correctly implemented.

This is without prejudice to any applicable legal restrictions or exceptions to copyright.

User-Provided Content

Fitr enables Users to upload, share, or provide their own content within this Application.

By providing content in this Application, Users confirm that this is legally permissible and that they do not infringe on any legal provisions and/or third-party rights.

Further information on acceptable content can be found in the acceptable use section of these Terms and Conditions.

Rights Regarding User-Provided Content

Users agree that by providing their own content in this Application, they grant Fitr a non-exclusive, fully paid-up, royalty-free license to process this content solely for the contractually required operation and maintenance of this Application.

To the extent permitted by applicable law, Users waive moral rights in connection with content they provide to this Application.

Users acknowledge and confirm that all content they provide via this Application will be made available under the same general terms and conditions as defined for content in this Application.

Users are solely liable for all content they upload, post, share, or provide via this Application.

Users acknowledge that Fitr may filter or manage such content after it has been made available.

Therefore, Fitr reserves the right, at its sole discretion, to refuse, remove, delete, or block this content and to deny the uploading User access to this Application without prior notice if it believes that this content violates these Terms and Conditions, applicable legal provisions, or third-party rights, or otherwise poses a risk to Users, third parties, Fitr, and/or the availability of the Service.

The removal or deletion of content does not entitle Users who provided or are liable for such content to any claim for compensation, damages, or reimbursement.

Users agree to indemnify and hold Fitr harmless from and against any claim and/or damages resulting from content they have provided to or via this Application.

Access to External Resources

Through this Application, Users may have access to external resources offered by third parties. Users acknowledge that Fitr has no control over these resources and is therefore not liable for their content and availability.
Terms and conditions applicable to resources provided by third parties, including applicable provisions regarding any possible grant of rights to content, arise from the terms and conditions of each third party or, in their absence, the applicable legislation.

In particular, Users may see advertisements in this Application that are offered by third parties. Fitr does not control or manage the advertisements displayed through this Application. If a User clicks on such an advertisement, the User will be in contact with the third party responsible for that advertisement.
Fitr is not responsible for matters arising from these interactions with third parties, such as anything arising from visiting third-party websites or using third-party content.

Acceptable Use

This Application and the Service may only be used within the scope for which they are offered, in accordance with these Terms and applicable law.

Users are solely responsible for ensuring that their use of this Application and/or the Service does not violate any applicable laws or regulations or the rights of third parties.

Therefore, Fitr reserves the right to take appropriate measures to protect its legitimate interests, including denying Users access to this Application or the Service, terminating agreements, reporting misconduct via this Application or the Service to the competent authorities, such as judicial or administrative authorities, where Users are suspected of violating any laws, regulations, third-party rights and/or these Terms, including by participating in any of the following activities:

Behavioral Restrictions

  • misrepresenting their eligibility for access to this Application and/or use of the Services, such as falsely claiming to be of legal age or a Consumer;
  • concealing their own identity or impersonating someone else, or claiming to be or represent a third party if not authorized to do so by that third party;
  • manipulating identifiers to disguise or otherwise conceal the origin of their messages or posted content;
  • defaming, harassing, threatening, or otherwise abusing or infringing the rights of others;
  • promoting activities that could endanger the life of the User or the lives of other Users or lead to physical harm. This includes threatening or inciting suicide, intentional physical harm, illegal drug use, or excessive alcohol consumption. Users may under no circumstances post content in this Application that depicts, promotes, and/or encourages self-destructive or violent behavior;
  • probing, scanning, or testing the vulnerability of this Application, including services or networks connected to the website, or breaching the security or authentication measures in this Application, including services or networks connected to this Application;
  • installing, embedding, uploading, or otherwise incorporating malware into or via this Application;
  • using this Application or its technical infrastructure in an offensive, excessive, or otherwise inappropriate manner (e.g., for spamming purposes);
  • attempting to disrupt or manipulate the technical infrastructure in a way that harms or unduly burdens this Application or the Service;
  • offering Products via this Application that cannot be legally sold or are currently unavailable for sale (e.g., out of stock);
  • manipulating the price of offered Products or failing to deliver sold Products;
  • inducing other Users to complete a transaction initiated on this Application outside of this Application to avoid applicable service fees;

Excessive API Use

  • sending requests via the API that constitute misuse of the service or are excessively frequent. Fitr determines what constitutes misuse or excessive use of the API and further reserves the right to temporarily or permanently suspend the User's access to the API. In such cases, Fitr will make a reasonable effort to warn the User prior to suspension.

Scraping

  • Using an automated process to extract, collect, or scrape information, data, and/or content from this Application and all related digital properties, unless explicitly permitted by Fitr;

Content Restrictions

  • Publishing or distributing content that is unlawful, obscene, illegal, defamatory, or inappropriate;
  • Publishing content that directly or indirectly promotes hatred, racism, discrimination, pornography, or violence;
  • Distributing or publishing content that is false or may cause undue alarm;
  • Using this Application to publish, distribute, or otherwise provide content protected by intellectual property rights, including patents, trademarks, or copyrights, unlawfully and without the permission of the rights holder;
  • Using this Application to publish, distribute, or otherwise make available other content that infringes on the rights of third parties, including state secrets, military secrets, trade secrets, or professional secrets and personal data;
  • Publishing content or performing activities that disrupt, interrupt, damage, or otherwise compromise the integrity of this Application, the experience, or devices of another User. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, distributing malware or viruses, etc.;
  • Publishing or otherwise distributing false, inaccurate, misleading, or defamatory content concerning Products offered through this Application;

User Protection

  • Unauthorized appropriation of an account used by another User;
  • Gathering or collecting personally identifiable information of other Users, including email addresses or contact information, by circumventing the privacy settings of other Users' accounts on this Application or in any other way;
  • Using information relating to other Users, including personal data or contact details, for purposes other than those intended for this Application;

Software License

All intellectual or industrial property rights and other exclusive rights to software or technical applications embedded in or related to this Application belong to Fitr and/or its licensors.

Provided Users comply with these Terms and notwithstanding any contrary provision in these Terms, Fitr grants Users only a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or other technical means embedded in the Service within the scope of and for the benefit of this Application and the Service offered.

This license does not grant Users any right to access, use, or disclose the original source code. All techniques, algorithms, and procedures in the software and all associated documentation are the sole property of Fitr or its licensors.

All rights and licenses granted to Users terminate immediately upon termination or expiry of the Agreement.

API Usage Terms

Users can access their data relating to this Application via the Application Program Interface (API). Any use of the API, including use of the API via a third-party product/service that accesses this Application, is subject to these Terms and additionally to the following specific terms:

  • The User expressly understands and accepts that Fitr is not responsible and cannot be held liable for any damages or losses resulting from the User's use of the API or the use of third-party products/services that access data via the API.

TERMS OF SALE

Provision of Personal Data

In this Application, Users may be asked to provide their personal data to access or receive the Products delivered via this Application as part of the Service.

Paid Products

Some of the Products offered in this Application as part of the Service are provided on a paid basis.

The fees, duration, and terms applicable to the purchase of these Products are described below and in the specific sections of this Application.

The User must register or log in to this Application to purchase Products.

Product Description

Prices, descriptions, or availability of Products are described in the relevant sections of this Application and are subject to change without prior notice.

Although Products are presented in this Application with the greatest possible technical accuracy, the representation in this Application through all means (including graphic material, images, colors, sounds) is for illustrative purposes only and does not constitute a guarantee regarding the characteristics of the purchased Product.

The characteristics of the chosen Product are described during the purchase process.

Purchase Process

All steps undertaken from choosing a Product to placing an order are part of the purchase process.

The purchase process includes these steps:

  • Users must choose the desired Product and verify their selection.
  • After checking the information displayed in the selection, Users can place the order by submitting it.

Placing the Order

When the User places an order, the following applies:

  • Placing the order constitutes the conclusion of the agreement and creates an obligation for the User to pay the price, taxes, and any further fees and costs, as indicated on the order page.
  • If the purchased Product requires action from the User, such as providing personal information, specifications, or special requests, placing the order creates an obligation for the User to cooperate accordingly.
  • Upon placing an order, Users will receive an order confirmation receipt.

All notifications regarding the described purchase process will be sent to the email address provided by the User.

Pricing

Users are informed of all fees, taxes, and costs (including any delivery costs) during the purchase process and before placing the order.

Prices in this Application are displayed:

  • either exclusive or inclusive of applicable fees, taxes, and costs, depending on the section the User is browsing.

Offers and Discounts

Sellers may offer discounts or special offers for the purchase of Products. These offers or discounts are always subject to the eligibility criteria and terms and conditions specified in the corresponding section of this Application.
Offers and discounts are granted at the Seller's sole discretion.
Repeated or recurring offers or discounts do not create a claim or right that Users can enforce in the future.
Depending on the case, discounts or offers are only valid for a limited time or while supplies last.

Voucher Codes

Offers or discounts may be based on Voucher Codes.

If the conditions applicable to Voucher Codes are not met, the Seller has the right to refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or deviating rules applicable to the use of the Voucher Code shall always prevail as stated on the corresponding information page or on the Voucher Code itself.

Unless otherwise stated, these rules apply to the use of Voucher Codes:

  • Each Voucher Code is only valid if used in the manner and within the timeframe indicated on the website and/or the Voucher Code;
  • A Voucher Code may only be applied in its entirety at the time of purchase – partial use is not permitted;
  • Unless otherwise stated, single-use voucher codes may only be used once per purchase and can therefore only be used once, even in cases where purchases are based on installment payments.
  • Discount vouchers cannot be combined.
  • Discount vouchers can only be redeemed within the period specified in the offer. After this period, the voucher automatically expires, excluding any possibility for the User to claim the associated rights, including reimbursement.
  • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the voucher and the redeemed value.
  • The discount voucher is intended for non-commercial use only. Reproduction, imitation, and commercial trading of the voucher are strictly prohibited, as are illegal activities related to the purchase and/or use of the voucher.

Payment Methods

Information regarding accepted payment methods will be indicated during the purchase process.

Some payment methods may only be available under additional conditions or surcharges. In these cases, you can find information about this in the relevant section of this Application.

Fitr directly manages the payment methods where indicated. In that case, Fitr collects and stores the data necessary for processing payments and for complying with related legal obligations. For more information on data processing and the User's rights regarding their data, the User can consult the privacy policy of this Application.

Other payment methods, if any, are offered independently by third-party services. In those cases, this Application does not collect payment information – such as credit card details – but only receives a notification from the relevant third party after the payment is completed.

If payment via the available methods fails, Fitr is not obligated to fulfill the order. If a payment fails or is refused, Fitr reserves the right to claim all related costs or damages from the User.

Installment Payment

The purchase price can be paid in two or more installments, within the terms indicated in this Application or otherwise communicated by Fitr.
Specific Products may be excluded from this payment model.
If the user misses one of the payment installments, the entire outstanding amount becomes immediately due.

Virtual Currency for Exclusive Use within this Application

Certain payments in this Application may use Virtual Currency. Unless otherwise stated, Virtual Currency cannot be traded, exchanged, or redeemed for traditional currency, other open digital currencies, goods, or other values.

By purchasing Virtual Currency, Users acknowledge and understand that it may only be used within this Application for the purposes expressly permitted by Fitr within the scope of its services. Users also acknowledge and agree that they cannot transfer, buy, sell, or exchange Virtual Currency outside the Service.

Accordingly, Users may not sublicense, trade, sell, or attempt to sell Virtual Currency for money, or exchange Virtual Currency for value of any kind outside of Fitr's specific offerings via this Application. This prohibited use or transaction is considered void and may result in legal action against the User.

In the event of contract or account termination for any reason attributable to the User, all unused Virtual Currency will be forfeited and no refund will be given.

Authorization for Future PayPal Payments

If Users enable the PayPal function for authorizing future purchases, this Application stores an identification code linked to the User's PayPal account. This authorizes the App to automatically process payments for future purchases or recurring installments of previous purchases.

This authorizes the Application to automatically process payments for future purchases or recurring installments of previous purchases.

Retention of Title Regarding Usage Rights

Users acquire usage rights to the purchased Product only after Fitr has received the full purchase price.

Contractual Right of Cancellation

Fitr or the Seller grants Users a contractual right to cancel the purchase within 14 days of entering into the agreement, under the conditions described in the relevant section of this App.

Delivery

Service Provision

The purchased service will be performed or made available within the period indicated in this App or as stated before placing the order.

Contract Term

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly. Information on subscription types and termination can be found below.

Fixed-Term Subscriptions

Paid fixed-term subscriptions begin on the day Fitr receives payment for the subscription period selected by the User or otherwise indicated during the purchase process.

After the subscription period expires, the Product is no longer accessible.

Automatic Renewal of Fixed-Term Subscriptions

At the end of the first subscription period, the subscription automatically renews indefinitely unless the User cancels before the period expires.

Continuing subscription fees will be charged to the payment method used by the User for the purchase.

Thereafter, the subscription continues indefinitely and is cancellable monthly.

The User will receive a reminder of the upcoming indefinite renewal a reasonable time in advance, outlining the procedure to cancel the automatic renewal or terminate the subscription.

Termination

Continuing subscriptions may be terminated at any time by sending a clear and unambiguous cancellation notice to Fitr using the contact details in this document, or – if applicable – using the relevant controls within this Application.

If the cancellation is received by Fitr by the end of the current month, the subscription will expire at the end of that month.

User Rights

Right of Withdrawal

Unless exceptions apply, the User may have the right to withdraw from the agreement within the period indicated below (usually 14 days), for any reason and without justification. Users can find out more about the withdrawal conditions in this section.

The right of withdrawal does not apply to agreements with Fitr. However, it may apply to agreements concluded with Sellers.
If applicable, the terms and conditions indicated by the Seller in this Application apply to the right of withdrawal from agreements via this Application with Sellers.

Warranties

Money-Back Guarantee for Services

Without prejudice to applicable legal rights, Fitr grants Users the right to cancel the purchase of a service with which they are not satisfied and obtain a refund within 15 days from the day the agreement was entered into.
Fitr will refund the price of the purchased Product using the same payment method as the original transaction.
To exercise this right, Users must send an unambiguous notification to Fitr. While a reason is not required, Users are kindly requested to state the reason for their claim under the money-back guarantee.
Upon receipt of the notification, Fitr will check whether all conditions for the money-back guarantee have been met and, if so, will refund the purchase price. In that case, Users will no longer have access to the purchased service.

The foregoing does not affect Users' rights to seek redress free of charge in case of non-conformity of the Product in accordance with applicable law.

Liability, Indemnification and Compensation

Unless expressly stated otherwise or agreed with Users, Fitr's liability for damages in connection with the performance of the Agreement is excluded, limited and/or restricted to the maximum permitted by applicable law.

Indemnification and Compensation

The User agrees to indemnify and hold harmless Fitr and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees from and against any claim or demand, including attorneys’ fees and costs, by a third party arising out of or relating to any culpable breach of these Terms, third-party rights, or statutory provisions by the User in connection with the User’s use of the Service or its affiliates, officers, directors, agents, co-branders, partners, and employees to the extent permitted by applicable law.

The foregoing also applies to any claims brought against Fitr by third parties (including Fitr’s customers) relating to Digital Products supplied by the User, such as, for example, conformity claims.

Limitation of Liability for User Activities within this Application

Users acknowledge that Fitr only provides Users with the technical infrastructure and functionalities included in this Application.

Fitr does not mediate, moderate, promote, or intervene in any interactions, agreements, or transactions between Users and is therefore not liable for interactions between Users, including the fulfillment of Users' obligations.

Limitation of Liability

Unless explicitly stated otherwise and without prejudice to applicable legal provisions, Users are not entitled to compensation from Fitr (or any natural or legal person acting on its behalf).

This does not apply to damages resulting from death, injury, or damage to physical integrity; damages resulting from the non-fulfillment of a material contractual obligation, such as an obligation strictly necessary to achieve the purpose of the agreement; and/or damages resulting from intent or gross negligence, provided that this Application has been used appropriately and correctly by the User.

Unless the damage is caused by intent or gross negligence, or the damage concerns death, injury, or damage to physical integrity, Fitr is only liable for the extent of typical and foreseeable damage at the time the agreement was concluded.

In particular, within the limits mentioned above, Fitr is not liable for:

  • losses not directly resulting from Fitr's breach of the Terms;
  • loss of business opportunities and other, also indirect, losses that the User may suffer (such as, but not limited to, trade losses, loss of revenue, loss of income, loss of profit or loss of expected savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • damage or loss due to interruptions or malfunctions of this Application as a result of force majeure or unforeseen and unforeseeable events and in any case independent of the will and outside the sphere of influence of Fitr, including defects or malfunctions of telephone or electrical lines, the internet and/or other transmission media, unavailability of websites, strikes, natural disasters, viruses and cyberattacks, interruptions in the delivery of products, services or third-party applications;
  • any damage, disadvantage or loss resulting from viruses or other malware in or in connection with downloadable files from the internet or via this Application. Users are responsible for taking sufficient security measures, such as antivirus software and firewalls, to prevent such infection or attack and for securing backups of all data or information exchanged via or uploaded to this Application.

Without prejudice to the foregoing, the following limitation applies to all Users who are not Consumers:

In any case of liability, the compensation cannot exceed the total payments received or to be received by Fitr from the User based on the agreement during a period of 12 months or the duration of the Agreement, if shorter.

General Provisions

No Waiver of Rights

Fitr's failure to enforce any right or provision under these Terms does not constitute a waiver of that right or provision. No waiver of any right shall be considered a further or continuing waiver of that right with respect to the same or any other provision.

Service Interruption

To ensure the best possible service level, Fitr reserves the right to interrupt the Service for maintenance, system updates, or other modifications, whereby Users will be properly notified.

Within the limits of the law and regulations, Fitr may also decide to suspend or completely terminate the Service. If the Service is terminated, Fitr will cooperate with Users so that they can withdraw their Personal Data or information, and Fitr will respect Users' rights regarding continued use of the product and/or compensation, as determined by applicable law.

Furthermore, the Service may be unavailable due to reasons beyond Fitr's reasonable control, such as cases of force majeure (including infrastructure failures or blackouts, etc.).

Fitr will notify the User at least 7 days in advance, if possible.

Resale of the Service

Users are not permitted to reproduce, duplicate, copy, sell, resell, or exploit this Application and the related service, in whole or in part, without the express prior consent of Fitr, granted directly or through an authorized reseller program.

Privacy Policy

For information on the use of their Personal Data, Users can consult this Application's Privacy Policy.

Intellectual Property Rights

Without prejudice to more specific provisions in these Terms, all intellectual property rights, such as copyrights, trademarks, patents, and design rights relating to this Application are the exclusive property of Fitr or its licensors and are protected by applicable law or international treaties relating to intellectual property.

All trademarks, in writing or images, and all other trademarks, trade names, service marks, word marks, images, drawings, or logos used in connection with this Application are and/or remain the exclusive property of Fitr or its licensors and are protected by applicable law or international treaties relating to intellectual property.

Changes to these Terms

Fitr reserves the right to change or otherwise modify these Terms at any time. In such cases, Fitr will notify the User of the changes in an appropriate manner.

These changes will only affect the relationship with the User from the date of notification.

Continued use of the Service signifies the User's agreement to the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version governs the relationship prior to the User's agreement to the changes. Previous versions can be obtained from Fitr.

If legally required, Fitr will notify Users in advance of when the amended terms will take effect.

Fitr will notify the User 7 days before the changes take effect.

Assignment of the Agreement

Fitr reserves the right to assign, transfer, novate, or subcontract rights or obligations under these Terms, subject to the legitimate interests of the User.

Provisions relating to changes to these Terms apply accordingly.

Users may not assign their rights or obligations under these terms in any way without the written consent of Fitr.

Contact

All communication regarding this Application must be conducted using the contact information provided in this document.

Severability

If any provision of these Terms and Conditions is deemed or declared invalid or unenforceable under applicable law, the invalidity or unenforceability of that provision will not affect the validity of the remaining provisions, which will remain in full force and effect.

If any provision of these Terms and Conditions is or becomes void, invalid, or unenforceable, the parties will endeavor to amicably agree on valid and enforceable provisions to replace the void, invalid, or unenforceable parts.
Failing that, the void, invalid, or unenforceable provisions will be replaced by the applicable legal provisions, if permitted or indicated under the applicable legislation.
Without prejudice to the foregoing, the invalidity, unenforceability, or impossibility of enforcing a specific provision of these Terms and Conditions will not invalidate the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the agreement had they known that the provision was not valid, or in cases where the remaining provisions would result in unacceptable detriment to one of the parties.

Governing Version of these Terms and Conditions

These Terms and Conditions are drawn up and revised in Dutch. Other language versions of these Terms and Conditions are provided for informational purposes only. In case of conflict between the different language versions, the original Dutch version will always prevail.

Applicable Law

These Terms and Conditions are governed by the law of the place where Fitr is established, as indicated in the relevant section of this document, excluding rules of conflict of laws.

Precedent of National Law

However, if the laws and regulations of the country where the User is located provide for a higher standard of consumer protection, such higher standards shall prevail, notwithstanding the foregoing.

Jurisdiction

The courts of the place where Fitr is established, as indicated in the relevant section of this document, shall have exclusive jurisdiction to adjudicate disputes arising out of or in connection with these Terms and Conditions.

Dispute Resolution

Amicable Settlement

Users can submit any disputes to Fitr, which will attempt to resolve them through mutual consultation.

While Users always retain the right to take legal action, we request that Users, in case of disagreements regarding the use of this Application or the Service, first contact Fitr via the contact details in this document.

The user can send the complaint with a short description and, if applicable, the details of the relevant order, purchase or account to the Fitr email address mentioned in this document.

Fitr will handle the complaint as quickly as possible and at least within 2 days of receipt.

Amicable Settlement of Disputes Between Users

Users may submit disputes with other Users arising from their interaction via this Application to Fitr, which will then attempt to mediate the conflict to reach a mutual solution. While Users always retain the right to take legal action, we request Users, in case of disagreements regarding the use of this Application or the Service, to first contact Fitr via the contact details in this document.

Online Dispute Resolution for Consumers

The European Commission has established an online platform for alternative dispute resolution (ODR) to provide an out-of-court method for resolving disputes relating to and arising from online sales and service contracts.
Every European Consumer can submit disputes arising from online agreements via this platform. The platform is available via this link.