Movafit App Terms of Use
1. General
1.1.
The digital Movafit app provided by Movafit company (“Movafit”) is a sport and wellness application that can be used by the user ("User") for training, its planning and monitoring, coaching and instructing, diet planning, and developing well-being or physical fitness (“App”). The term “User” means and these Terms of Use also apply to a User who represents or acts on behalf of a company or otherwise acts as an expert and who provides services to their own customers or coachees (“Expert”).
Use of the App may require the processing of personal data by Movafit that processes personal data in accordance with its current Privacy Statement (www.movafit.com/privacy). The current Privacy Statement is available on the Movafit website. By using the App, you as a User agree to these Terms of Use (“Terms”) and Movafit´s Privacy Statement in effect from time to time. Your use of the App hereby constitutes a contractual relationship ("Agreement") between Movafit and you ("Party" or collectively, the "Parties"), the User .
Please read the Terms carefully before using the App and refrain from using the App if you do not accept these Terms.
Compiled on 19/12/2023 (last modification on 04/06/2024). Movafit reserves the right to modify the Terms.
2. Subscription
2.1.
The user can choose to use the free or paid subscription of the App, for which more detailed content, information and pricing are available in the App or in the App Store. The paid subscription of the App that the User may subscribe to in the App Store or in the App is a recurring, calendar-month binding subscription that will continue until the User terminates the subscription ("Subscription"). The Subscription consists of binding one-month subscription periods ("Subscription Period"). The Subscription will always last for at least one (1) Subscription Period from the User's subscription date. The Subscription will renew and continue with a new Subscription Period until the User terminates the Subscription. Termination of a Subscription is governed by paragraph 5 of these Terms.
3. Use of the app
3.1.
In order to use the App, the User must create a Movafit Account, i.e. a User Account, following the instructions provided in the App. The User Account is personal unless otherwise agreed.
3.2.
The User uses the App independently. The use of the App and its features is based on the User's independent action, judgment and decision making, even if the User utilizes the App with their own coach or other third party. The same applies to an Expert, who is always responsible for the services they provide to their own customers or coachees.
3.3.
The App or its use does not include support, on-call or other customer service. Full use of the features of the App may require the ability to open common image, video, text, spreadsheet and PDF files, as well as websites and links, on the User's device.
3.4.
The App is usually available through Apple App Store and Google Play app stores ("App Store") for suitable tablets and mobile devices. The download and use of the App requires the User to be connected to a network. Information about the required operating system versions can be found in the App Store. Movafit reserves the right to determine on which devices, operating system or its versions the App can be used. Movafit shall not be liable for the cost of the device, the Application or the network connection, nor for failures or delays caused by the operation thereof.
3.5.
Content created by the User
(a) In order to utilize the features of the App, the User needs to enter personal information into the App and thus create and produce content about themself with the App. With the App the User may have the possibility to create, for example, own tips, exercises, workouts and training plans, which may include content entered by the User, such as comments, text, images, photos and/or other content ("Content").
(b) Movafit reserves the right to review the Content created by the User, but Movafit has no obligation to do so.
3.6.
The User may not charge third parties for the App, features of the App or content of the App. However, these Terms do not prevent the User from charging third parties for the Content created and owned by the User.
3.7.
The User shall use the App in such a way that the use does not cause harm to other users of the App, third parties or Movafit. The User shall not create Content on or through the App that can be considered discriminatory, offensive or inappropriate. The User shall not use the App in a manner that is unlawful, unfair or in a way that can be considered discriminatory, offensive or inappropriate.
3.8.
The User may not use the App or the content of the App to implement a similar or corresponding application, feature or database.
3.9.
The User may not disclose or give their own login or authentication information to any third party. If the User suspects unauthorized use of their User Account, the User shall notify Movafit immediately and change the password of their User Account.
3.10.
Movafit may, at Movafit’s sole discretion and without prior notice, block the User's access to the App, including but not limited to for suspected misuse, late payment or any other reason. Movafit shall have the right to block the use of the App or remove any Content, that
(a) violates the law, good customs or the rights of third parties,
(b) is harmful to the users of the App, third parties or Movafit,
(c) interferes with or overloads the App or the network,
(d) threatens data security or privacy; or
(e) is in violation of these Terms or other rules governing the use of the App.
3.11.
The use of the App as an Expert
(a) If the Expert uses the App for their own customer work or coaching, the Expert understands and agrees that the Subscription intended for the Expert is intended only for sports and wellness professionals and experts who may, subject to the terms and limitations set forth in these Terms, use the features of the App for their own customer work or coaching.
(b) The Expert may use the features of the App in their own customer work or coaching only as far as the use of the features is related to the purpose of use of the App mentioned in Section 1.1.
(c) The Expert may be able to create a profile in the App visible to other or all users and/or advertise their products and services to other users of the App, which may allow other users of the App to identify the Expert. The aforementioned possible profile creation and advertising requires a certain Subscription and a valid business ID.
(d) The Expert has the right to download and distribute individual exercises and related instructions contained in the App or Subscription to their own customer or coachee for their independent use. If the Expert exercises the aforementioned right, the Expert undertakes not to remove any Movafit proprietary logos or other markings or otherwise modify such material.
3.12.
The User may be able to register for the App and create a User Account using a third-party sign-in function and/or email address hiding service, such as Apple’s Sign In with Apple function and Apple’s Hide My Email service. In connection with Apple’s Sign In with Apple function, the User may be able to choose to anonymize all of the User’s data in the App. Apple's Hide My Email service may allow the User to create a unique and random email address that the User can use in a way that the User's personal email address remains the User's own information. The User understands and explicitly agrees that Movafit can link all User's data in the App to the User's email address that the User uses through the Sign in with Apple function and/or Hide My Address service, and even if the User has chosen to anonymize their User data. In addition, the User understands and agrees that the User's email address, depending on the User's use of the App, may be visible in the App to other users, together with data that may identify the User, if the User, for example, creates a connection with another App user, creates or joins a team, shares Content created and owned by the User, or creates a profile or an ad in the App that is visible to other App users. This section also applies to any other similar function or service provided by a third party.
4. The right to use the app and the scope of these terms
4.2.
The use of the App and these Terms will always be governed by Finnish law, regardless of the country in which the App is used, excluding its conflict of law rules.
4.3.
Movafit grants the User a limited right to use the App upon downloading the App and/or by creating and registering a User Account. The right of use is a non-exclusive, non-transferable and non-sublicensable right in the form in which it is offered to the User from time to time or as provided in these Terms and any separate instructions regarding the use of the App from time to time.
4.1.
In order to use the App, the User
(a) accepts these Terms and agrees to comply with them.
(b) is at least 18 years of age. The User may use the App with the consent of the User's guardian or guardians if the User is 15-17 years of age. The App and its content should not be applied to children, adolescents or elderly persons without sufficient expertise.
(c) has been able to enter into this binding Agreement.
(d) is required to register for the App and create a Movafit account, i.e. a user account in the App ("User Account"). Creating a User Account requires, among other things, a valid email address owned by the User.
5. Validity, termination and cancellation
5.1.
The Terms enter into force upon the start of use of the App by the User and remain in force until further notice. The Terms will be subject to approval once and again in the event of possible amendments to the Terms, and the Terms will apply to each payment transaction made by the User for the Subscription.
5.3.
As the App and Subscription are digital products which are immediately available to the User and can be used immediately by the User, they are not subject to exchange or refund and the prices paid for them will not be refunded to the User in case of cancellation. Due to the nature of the App, the User, by accepting these Terms, has requested Movafit to fulfill the Subscription or any other action taken by the User through Movafit immediately and before any cancellation period under the Consumer Protection Act. For the avoidance of doubt, all purchases, payments and Subscriptions made by the User in the App or App Store are binding and cannot be canceled after the purchase transaction.
5.4.
Movafit reserves the right, unilaterally and at Movafit’s sole discretion, to change the features of the App or its free or paid subscription or the Terms for the purpose of developing them or for any other reason. Movafit will notify the User of any material term changes. Such changes will become binding two weeks after Movafit notifies the changes through the App or the App Store.
5.2.
Termination
(a) The User may terminate and end the free subscription of the App at any time without notice by deleting the User Account. The App can be completely removed through the User's device settings. For the avoidance of doubt, removing the App from the User's device does not mean deleting the User’s User Account. It is not possible to recover data from a deleted User Account or removed App.
(b) Movafit may terminate the Agreement without separate notice as a result of non-use of the App.
(c) The User may terminate the Subscription at any time, after which the Subscription will expire at the end of the current Subscription Period already paid for, provided that the termination is made before or on the last day of the relevant Subscription Period. Otherwise, the User's Subscription will automatically continue for a new Subscription Period at the applicable pricing. Upon termination of the Subscription, the User's access to the Subscription will end at the expiry of the Subscription Period, but the Terms will otherwise remain in force unless the User deletes the User Account in accordance with clause 5.2.(a).
(d) Regardless of what is stated in this section regarding termination, those provisions that are intended to remain in effect shall survive the termination of this Agreement.
(e) Movafit may terminate the Agreement (including the Subscription) immediately without notice if the User violates these Terms or uses the App in a manner contrary to the intended use of the App. Movafit may also terminate the Agreement immediately without notice for cause if, for example, the User behaves in a manner that is detrimental to Movafit's image, reputation or business by violating dignity, behaving immorally, acting contrary to good business practice or otherwise in an ethically improper manner. Movafit reserves the right to terminate the Agreement also in the event that Movafit discontinues providing and/or maintaining the App or the free or paid subscription of the App, unless this is due to a transfer of business, acquisition or other similar event.
6. Pricing and payment terms
6.4.
The User authorizes Movafit or an authorized representative of Movafit, the Payment Service or any other entity to send an instruction or instructions to the financial institution that issued the User's payment card for charging the account to which the payment card is linked.
6.1.
Payment and termination of the Subscription
(a) The User must pay the subscription fee (payment) for the Subscription in accordance with the applicable pricing at the time of the Subscription and always before the start of the new Subscription Period. The Subscription fee (payment) will be charged automatically in advance or otherwise in accordance with the instructions of the App, App Store or Payment Service for each Subscription Period, unless the User has terminated the Subscription during the Subscription Period preceding the payment in accordance with paragraph 5.
(b) If the payment for the new Subscription Period cannot be charged from the User at the latest by the due date for that payment, the User's Subscription will expire and access to the Subscription will be blocked. Movafit will not send a separate notice to the User of the expiry of the Subscription Period.
6.5.
The financial institution or other service provider that issued the User's payment card may have the right to make the payment according to their own terms and conditions or their practices may affect the payment for which Movafit is not responsible. The financial institution that issued the User's payment card is also responsible for any problems with the payment card. Movafit reserves the right to refuse to transmit the payment, including, but not limited to, in situations where applicable law or regulation requires it or in cases where the User is subject to international sanctions.
6.2.
Pricing
(a) The current pricing for the Subscription of the App is available in the App Store or in the App. The Subscription will be sold at the price displayed in the App or in the App Store at the time of subscription. The Subscription is subject to payment of the stated price. The amount of VAT is taken into account in the price of the Subscription.
(b) The pricing of the Subscription does not include any costs arising from the payment method used by the User. If the User fails to make a payment in accordance with the payment method offered or if the payment in question cannot be charged from the User, the purchase transaction will be aborted and the User's Subscription will lapse.
(c) The User may be entitled to a campaign offer, which may be, inter alia, a promotional code, discount code, promo code or other offer or benefit of a campaign nature to the User or to a specific group of users ("Campaign Offer"). The terms, conditions, content and validity of the Campaign Offer will be communicated in connection with the Campaign Offer. The Campaign Offer may affect, for example, the terms, conditions, validity, pricing and/or content of the App or Subscription, which will be separately communicated to the User in connection with the Campaign Offer. Unless otherwise stated in the terms and conditions of the Campaign Offer, the User may only use the Campaign Offer in connection with the Subscription or payment of the Subscription. If the User is entitled to the Campaign Offer and the terms and conditions of the Campaign Offer do not expressly state otherwise, the User's Subscription will continue as normal at the current pricing after the expiry of the Campaign Offer. Unless otherwise expressly stated in the terms and conditions of the Campaign Offer, different Campaign Offers cannot be combined and the Campaign Offer cannot be used for an ongoing or previously paid Subscription Period. Movafit will not send the User a separate notification of the expiry of the Campaign Offer and Movafit will not refund any unutilised or unused Campaign Offer or portion thereof to the User for any reason whatsoever.
(d) Movafit reserves the right to change the pricing of the App and/or Subscription (incl. free subscription). If the pricing of the App or Subscription changes ("Price Change"), Movafit will notify the User of the Price Change in advance and the Price change will take effect at the earliest after the end of the ongoing Subscription Period. The User is deemed to have accepted the Price Change if the User continues to use the App or subscribe after the Price Change. If the User does not accept the Price Change, the User can terminate the Subscription in accordance with the Terms before the Price Change takes effect. Movafit will not inform the User of a Price Change that clearly benefits the User. Such Price Change may take effect immediately without the User's separate consent.
(e) Movafit has the right to change the pricing of the App or Subscription (incl. free subscription) immediately if this becomes necessary due to changes in exchange rates, taxes, VAT, government fees, a decision by a public authority or a change in the legislation.
6.3.
Payment methods
(a) Information about the payment methods offered from time to time is available in the App Store, the App or the payment service of a payment provider or other payment processor used by Movafit ("Payment Service"). By making a payment, the User confirms that the User is entitled to make the purchase in question and is entitled to the payment method in question.
(b) Depending on the used payment method, payment of the Subscription may require entering of valid and correct card or payment details in the Payment Service. The Payment Service may store the card or payment details entered by the User so that the details can be used to charge subsequent payments.
(c) The User is liable to maintain correct, up-to-date and valid card or payment details in the Payment Service for the purpose of paying charges. The User is responsible for ensuring that the payment can be charged at the latest on the due date of the payment. In the event of any delayed payment, Movafit is entitled to charge the User a default interest, a reminder fee and, if necessary, collection costs in accordance with the applicable law. In the event of non-payment, Movafit reserves the right to use another payment method for the collection of the committed payment.
(d) Credits:
(i) The User may be entitled to use credits available in the App or otherwise provided to the User to use a specific feature of a certain Subscription of the App ("Credits"). Use of a specific feature of the App may require a certain Subscription and use of Credits or payment by Credits. Details of the above conditions will be communicated to the User separately in connection with the specific feature of the App offered.
(ii) The possible pricing of the Credits, their validity and more detailed terms and use instructions can be found in the App, App Store or in connection with the Pricing or Campaign Offer, depending on the use of the Credits.
(iii) Credits are personal and cannot be transferred to another User or a third party.
(iv) Credits are not exchangeable or refundable and the purchase of Credits purchased separately cannot be canceled. Movafit will not refund or compensate the User for any unused or unutilized Credits for any reason.
7. Limitation of liability
7.1.
The User is solely responsible for the subscription, installation and use of the App and the results thereof. The User is always responsible for the information they enter, their own profile and the Content they create. The User is responsible for transfer of any content, whether outside or into the App, including the transfer of any content from a third party or from any other application, platform, system or other source. The User is also responsible for the services they provide and for the instructions, advice and guidance they give to their own customers and third parties. Movafit shall not be liable for the realized results or for any other purpose for which the User has acquired the App, used the App or placed the Subscription. Under no circumstances shall Movafit be liable for the suitability of the function, feature or content of the App for the use of the User and/or the User's customer or coachee. The User is solely responsible for the legality and accuracy of the Content created by the User and for ensuring that the use of the App does not violate any applicable or valid legislation, intellectual property rights or any other rights related to the content or the rights of others.
7.2.
Movafit is not responsible for the User's health or the suitability of the App for the User. If the User has any illnesses, injuries, medications, impaired health, doubts about User’s own health or doubts about the suitability of, for example, exercise or training for themself, the User should discuss the matter with a doctor or other suitable professional before starting to use the App or before continuing to use the App. Movafit can’t assess the User's state of health or ascertain the User's ability to use the features of the App or the content of the App. Some features of the App may allow for an assessment of factors related to the User's well-being and fitness, but such an assessment is not equivalent to a medical examination or other assessment of the User's state of health by an appropriate professional. The User is advised to contact a doctor or other appropriate professional if, after starting to use the App or App’s features or during the use thereof, the User is pregnant, or if the User experiences any symptoms such as dizziness, pain, aches, stinging or nausea, or if the User otherwise notices a deterioration or other unfavorable change in their state of health.
7.3.
The User is always responsible for the acquisition, installation, maintenance and costs of the hardware, equipment, software and network connection required to use the App. Movafit shall not be liable for any unauthorized, improper or illegal use of the User Account in the event of disclosure, compromise, hacking or software malfunction of the User Account. All actions taken on a User's User Account will be considered to have been taken by that User. If the User becomes aware of any unauthorized use of the User Account or if the confidentiality of the User Account is compromised, the User shall immediately notify Movafit, which may, at Movafit’s sole discretion, close the User Account to prevent its misuse.
7.4.
The User is responsible for arranging, updating and assessing the need for health, leisure and physical activity insurance. The App or any service provided by Movafit does not include any insurance or insurance cover for the User.
7.5.
The App is provided as is. The content of the App may vary or be limited depending on, for example, the geographical location of the User. Movafit provides no warranty, express or implied, as to the operation of the App and does not warrant that the App will function without interruption or error. Movafit does not warrant the reliability, functionality, on-time performance, quality or suitability for a certain use of the App or any of its functions or features, or that the App will be uninterrupted or error-free. Movafit is not liable for any direct or indirect damage caused to the User or any third party due to incorrect, insufficient or ambiguous information in the App. Movafit is not liable for any damage caused to the User or third parties by the use of the App or any malfunction, technical problems, malware, links or interruptions in the App.
7.6.
The User may encounter content, information or other material on the App that is inaccurate, incomplete, misleading, unlawful, offensive, late or otherwise harmful. Movafit has no obligation to review any content added by users of the App. Consequently, Movafit is not liable for any content added to the App by users of the App or third parties or for any damages caused by the use of such content.
7.7.
Neither Party is liable for any costs or damages resulting from any failure or delay in performing its obligations under these Terms caused directly or indirectly by circumstances beyond its reasonable control, including fires, floods, wars, acts of terrorism, strikes, epidemics, power outages, governmental actions, computer failures or other similar circumstances (Force Majeure).
8. Intellectual property rights
8.1.
All intellectual property rights in the App and its parts, including graphics and artwork, images, videos, icons, logos, sounds, text and other material and content ("App Content") are the exclusive property of Movafit and Movafit’s potential licensors. Intellectual property rights covered by these Terms include copyrights and related rights, trademarks, patents, names, trade secrets and other intangible rights, whether or not registrable. These Terms do not grant the User any rights to the intellectual property rights of the App or Movafit.
8.2.
All material viewed or obtained through the App by the User belongs exclusively to Movafit, unless otherwise indicated. For the avoidance of doubt, the App Content is for the User's personal, non-commercial use only and may not be copied, transmitted, published, sold or distributed to any third party or used in any other way without the written consent of Movafit or the third party owning the rights. The App Content may not be borrowed, copied, stored, modified, altered, transferred, disclosed or otherwise exploited or used, in whole or in part, without the express written permission of Movafit. If the User downloads or prints the App Content for their own personal use, the User agrees not to remove any copyright or other proprietary markings. The Expert’s right to use certain features or content of the App for the Expert’s own customer work or coaching is separately mentioned in Section 3.11.
8.3.
The Parties grant to each other the necessary intellectual property rights with the necessary consents and use rights to the extent necessary for the performance of this Agreement and for implementing the purpose, functionality and features of the App. This includes the rights to transmit information to the User's own contacts, provided that the User has established a connection with another User of the App and both Users have granted each other the right to view information concerning themselves.
9. Other clauses
9.1.
The User has no right to transfer any rights or obligations under this Agreement, in whole or in part, to any other party without Movafit's written consent.
9.2.
Movafit is entitled to transfer all rights and obligations arising from the Terms, in whole or in part, to its group company, its successor or a purchaser of the App's business without the User's consent.
9.3.
Movafit is constantly developing the App and other services. Movafit may remove or modify the App or any part thereof, in whole or in part, including its features, content or anything else available through the App. Movafit reserves the right, without any liability for compensation, to discontinue the provision of the App in whole or in part, as well as the right to discontinue and/or temporarily suspend the operation of the App for maintenance or any other reason.
10. Dispute resolution
10.1.
Any dispute, contest or claim arising out of or relating to the Terms or the breach, termination or validity thereof, including any dispute, contest or claim relating to the App, will be resolved primarily by negotiation between the Parties. If the dispute, contest or claim cannot be settled by negotiation, the matter will be settled by the District Court of Helsinki as the court of first instance.
Contact details
Movafit Oy
Business ID 3101933-7
Customer support available on the company's website.