Terms & Conditions

Terms of use:

Effective Date: 29/10/2024

Welcome to Fitycal. By accessing or using our services, you agree to be bound by these Terms of Use. Please read them carefully.

1. Acceptance of Terms

By using the Fitycal app or any services provided by Fitycal, you agree to comply with and be bound by these Terms of Use and our Privacy Policy. If you do not agree with any part of these terms, you must not use our services.

2. Eligibility

You must be at least 18 years old to use Fitycal services. By using our services, you represent and warrant that you meet this eligibility requirement.

3. Account Registration

To use certain features of our services, you must register for an account and provide accurate and complete information. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. User Conduct

When using Fitycal, you agree to:

Provide accurate and complete information during registration and use of our services.
Not use our services for any illegal or unauthorized purpose.
Not engage in any activity that interferes with or disrupts our services.
Respect the privacy and rights of other users.

5. Data Usage and Privacy

Your use of our services is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our services, you consent to our collection and use of your data as described in the Privacy Policy.

6-Subscription and Cancellation Policy

Fitycal offers a subscription-based service through the App Store. In accordance with Apple’s policies, users have 14 days from the start of their subscription to cancel and receive a refund. After this period, subscriptions will automatically renew unless canceled before the next billing cycle.

7-User Responsibility for Shared Data:

Users may choose to share their body measurement data or 3D body scan PDFs with third parties (such as coaches, friends, or others). Fitycal is not responsible for any harm or misuse that may occur after the user shares their information. The user assumes full responsibility for the handling and sharing of their personal data with third parties.

8. Intellectual Property

All content, features, and functionality on the Fitycal app, including but not limited to text, graphics, logos, and software, are the exclusive property of Fitycal or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any content from our services without our express written permission.

9. Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of our services at any time for various reasons, including but not limited to improving user experience, complying with legal requirements, or addressing technical issues. For example, we may need to temporarily suspend our service to perform system maintenance or update our app to enhance its functionality. We will make reasonable efforts to notify you in advance of any significant changes that may affect your use of the services. However, we will not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

10. Termination

We reserve the right to terminate or suspend your access to our services at our sole discretion, without notice, for conduct that we believe violates these Terms of Use or is harmful to other users or our business interests.

11. Limitation of Liability

To the fullest extent permitted by law, Fitycal and its affiliates, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of our services.

12. Governing Law

These Terms of Use and your use of our services will be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of laws principles.

13. Dispute Resolution

Any disputes arising out of or relating to these Terms of Use or our services will be resolved through binding arbitration in accordance with the rules of the Netherlands Arbitration Institute (NAI) in The Netherlands. You agree to waive any right to a jury trial or to participate in a class action lawsuit.

14. Changes to Terms of Use

We may revise these Terms of Use from time to time. If we make material changes, we will notify you by email or through our services. By continuing to use our services after changes become effective, you agree to be bound by the revised Terms of Use.

15. Contact Information

If you have any questions about these Terms of Use, please contact us at Info@fitycal.com