Terms of Service

1. Service Provider

MyFitnessGoals ("the App") is operated by:

Hotfix d.o.o.
Croatia
Email: budalic@hotfix-doo.com
Website: https://www.myfitnessgoals.app

References to "we," "us," or "our" in these Terms refer to Hotfix d.o.o.

2. Agreement to Terms

By accessing or using MyFitnessGoals, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our App.

These Terms constitute a legally binding agreement between you and Hotfix d.o.o. These Terms apply to all visitors, users, and others who access or use the App, including our mobile applications and web platform.

BY USING THE APP, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS.

3. Description of Service

MyFitnessGoals is a fitness tracking application that allows users to:

• Create and track personalized workout routines
• Monitor exercise progress and fitness goals
• Access trainer features and client management tools
• Communicate with trainers and other users via messaging features
• Share images, progress photos, and other media
• Store and manage fitness-related data

4. Consumer Rights and Right of Withdrawal

4.1 Consumer Protection

If you are a consumer residing in the European Union or European Economic Area, you benefit from mandatory consumer protection laws that cannot be waived by contract. Nothing in these Terms affects your statutory rights under applicable consumer protection legislation, including the EU Consumer Rights Directive 2011/83/EU.

4.2 Right of Withdrawal

Under EU law, you have the right to withdraw from a purchase of digital content or services within 14 days from the date of purchase without giving any reason.

Exception: If you expressly consent to begin receiving digital content before the withdrawal period expires and acknowledge that you lose your right of withdrawal once the service begins, the withdrawal right will not apply. When you start a subscription and begin using premium features, you consent to immediate performance.

4.3 How to Withdraw

To exercise your right of withdrawal, you must inform us of your decision by a clear statement sent to budalic@hotfix-doo.com. You may use the following template:

"I hereby notify you that I withdraw from my contract for the provision of the following service: [service name], ordered on [date], name: [your name], email: [your email]."

4.4 Effects of Withdrawal

If you withdraw within the withdrawal period, we will reimburse all payments received from you without undue delay and no later than 14 days from the day we receive your withdrawal notice. We will use the same payment method you used for the initial transaction.

5. User Accounts

5.1 Account Creation

To access certain features of the App, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

5.2 Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5.3 Age Requirements

You must be at least 16 years old to use this App. If you are under 18, you represent that you have your parent or guardian's permission to use the App and that they have read and agree to these Terms.

5.4 One Account Per Person

You may only maintain one active account. Creating multiple accounts to evade bans, restrictions, or for any other purpose is prohibited and may result in termination of all accounts.

6. Subscriptions and Payments

6.1 Subscription Plans

Some features of the App require a paid subscription. By subscribing to a paid plan, you agree to pay the applicable fees as described at the time of purchase. All prices are displayed inclusive of VAT where applicable.

6.2 Payment Processing

All payments are processed securely through Stripe, our third-party payment processor (certified PCI-DSS Level 1 compliant). By making a purchase, you agree to Stripe's Terms of Service and Privacy Policy. We do not store your full credit card information on our servers.

6.3 Billing Cycle

Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). Your subscription will automatically renew unless cancelled before the renewal date. We will remind you of upcoming renewals in accordance with applicable law.

6.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will retain access to premium features until the end of your paid period.

6.5 Refunds

In addition to your statutory right of withdrawal (see Section 4), refund requests are handled on a case-by-case basis. If you believe you are entitled to a refund, please contact us at budalic@hotfix-doo.com. Your statutory consumer rights remain unaffected.

7. User Content and Communications

7.1 Definition of User Content

"User Content" means any content you submit, post, upload, share, or transmit through the App, including but not limited to:

• Chat messages and communications with trainers or other users
• Photos, images, and progress pictures
• Workout data, routines, and fitness information
• Profile information and biographical data
• Comments, feedback, and reviews
• Any other materials you upload or share

7.2 Your Responsibility for User Content

YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL USER CONTENT YOU CREATE, UPLOAD, POST, OR SHARE THROUGH THE APP. This includes all messages sent through chat features and all images uploaded to the platform.

You represent and warrant that:

• You own or have the necessary rights to all User Content you submit
• Your User Content does not violate the privacy, publicity, intellectual property, or other rights of any third party
• Your User Content complies with these Terms and all applicable laws
• You have obtained consent from any individuals depicted in photos or images you upload

7.3 License to User Content

By submitting User Content, you grant Hotfix d.o.o. a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content solely for the purpose of operating, developing, providing, and improving the App and our services. This license ends when you delete your User Content or account, except where content has been shared with others who have not deleted it.

7.4 No Endorsement

We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content. We are not responsible for any User Content posted by users, and any reliance on such content is at your own risk.

7.5 User Communications

The App provides messaging and communication features between users (such as trainer-client communications). You acknowledge that:

• We do not monitor or pre-screen all communications but reserve the right to do so
• We are not responsible for the content of messages exchanged between users
• Communications may be stored on our servers as described in our Privacy Policy
• You must not use communication features for any illegal or prohibited purpose

8. Prohibited Content and Conduct

You agree NOT to upload, post, share, or transmit any User Content or engage in any conduct that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Contains sexually explicit or pornographic material
• Depicts or promotes violence, self-harm, or harm to others
• Contains nudity (except as may be appropriate for fitness progress photos, which must comply with community standards)
• Promotes racism, bigotry, hatred, or physical harm against any individual or group
• Harasses, bullies, intimidates, or stalks any person
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights
• Contains unsolicited advertising, spam, or promotional material
• Impersonates any person or entity or misrepresents your affiliation
• Contains viruses, malware, or any harmful code
• Violates the privacy of others or shares personal information without consent
• Solicits personal information from minors
• Promotes illegal activities or substances
• Interferes with the proper functioning of the App

Violation of these prohibitions may result in termination of your account and may be reported to law enforcement authorities where appropriate.

9. Content Moderation and Removal

9.1 Right to Remove Content

We reserve the right, but have no obligation, to monitor, review, or remove any User Content at our discretion for content that we believe violates these Terms, applicable law, or is otherwise objectionable. We will notify you of removal where practicable.

9.2 Reporting Violations

If you encounter User Content that you believe violates these Terms, please report it to us at budalic@hotfix-doo.com. We will review reports and take appropriate action.

9.3 Appeal Process

If you believe your content was removed in error, you may appeal by contacting us at budalic@hotfix-doo.com. We will review appeals and respond within a reasonable timeframe.

10. Copyright and Intellectual Property

10.1 Respect for Intellectual Property

We respect the intellectual property rights of others and expect our users to do the same. We will respond to notices of alleged copyright infringement in accordance with applicable law, including the EU Copyright Directive (EU) 2019/790 and E-Commerce Directive 2000/31/EC.

10.2 Copyright Infringement Reporting

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us with the following information:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and its location on the App
• Your contact information (name, address, and email address)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner
• A statement that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner

Send copyright notices to: budalic@hotfix-doo.com

10.3 Our Intellectual Property

The App and its original content, features, and functionality (excluding User Content) are owned by Hotfix d.o.o. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our App without our prior written consent.

11. Acceptable Use Policy

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any portion of the App or any other systems or networks
• Interfere with or disrupt the App or servers or networks connected to the App
• Upload or transmit viruses, malware, or other malicious code
• Use the App to harass, abuse, or harm another person
• Impersonate any person or entity or falsely state or misrepresent your affiliation
• Use automated means (bots, scrapers, etc.) to access the App without our express permission
• Reverse engineer, decompile, or disassemble any portion of the App
• Collect or harvest any information from other users without their consent
• Use the communication features to send unsolicited commercial messages
• Circumvent any measures we use to restrict access to the App

12. Third-Party Services and Links

The App may contain links to third-party websites or services that are not owned or controlled by Hotfix d.o.o. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge that we shall not be responsible for any damage or loss caused by or in connection with the use of any such third-party content, goods, or services, except where such damage results from our negligence or breach of these Terms.

13. Health Disclaimer

THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or fitness program.

Never disregard professional medical advice or delay in seeking it because of something you have read or tracked in this App. If you think you may have a medical emergency, call your doctor or emergency services immediately.

You acknowledge that exercise carries inherent risks. We recommend consulting a healthcare professional before beginning any fitness program.

Advice or information provided by trainers through the App does not constitute medical advice. Trainers using the App are independent contractors and not employees of Hotfix d.o.o. We are not responsible for the advice or services provided by trainers.

14. Disclaimer of Warranties

To the extent permitted by applicable law, the App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The App will be uninterrupted, secure, or error-free
• Defects will be corrected
• The App is free of viruses or other harmful components
• User Content will be accurate, reliable, or appropriate

For EU consumers: This disclaimer does not affect your statutory rights under applicable consumer protection laws, including your rights regarding conformity of digital content and digital services under the Digital Content Directive (EU) 2019/770.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Hotfix d.o.o. and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, use, or other intangible losses
• Your access to or use of (or inability to access or use) the App
• Any conduct or content of any user or third party on the App
• Any User Content posted, uploaded, or shared by any user
• Unauthorized access, use, or alteration of your transmissions or content

Our total liability to you for all claims shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim, or €100, whichever is greater.

15.1 Non-Excludable Liability

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Any other liability that cannot be excluded or limited under applicable law, including EU consumer protection law

16. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Hotfix d.o.o. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of:

• Your User Content, including any images, messages, or other materials you upload or share
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Your violation of any applicable laws or regulations

For EU consumers: This indemnification provision does not apply to the extent that the claim arises from our breach of these Terms, negligence, or other conduct for which we bear responsibility.

17. Dispute Resolution

17.1 Informal Resolution

If you have any dispute with us, we encourage you to first contact us at budalic@hotfix-doo.com to attempt to resolve the matter informally.

17.2 Online Dispute Resolution

If you are a consumer in the European Union, you may use the European Commission's Online Dispute Resolution (ODR) platform to resolve disputes. The ODR platform is available at: https://ec.europa.eu/consumers/odr

17.3 Consumer Rights

If you are a consumer in the EU/EEA, you have the right to bring any dispute before the courts of your country of residence. Nothing in these Terms affects your statutory right to bring proceedings in your local courts.

18. Termination

18.1 Termination by Us

We may terminate or suspend your account and access to the App for legitimate reasons, including:

• Material breach of these Terms
• Uploading prohibited content
• Harassment of other users
• Fraudulent or illegal activity

Where possible, we will provide you with reasonable notice and an explanation of the reasons for termination, except where we are legally prohibited from doing so or where immediate termination is necessary to protect our users or comply with law.

18.2 Termination by You

You may delete your account at any time through your account settings. Upon account deletion, we will delete your personal data in accordance with our Privacy Policy.

18.3 Effect of Termination

Upon termination, your right to use the App will cease. Provisions that by their nature should survive termination shall survive, including intellectual property rights, warranty disclaimers, limitation of liability, and dispute resolution.

19. Changes to Terms

We may modify these Terms from time to time. For material changes, we will:

• Post the new Terms on this page with an updated "Last updated" date
• Notify you via email or through the App at least 30 days before the changes take effect
• Provide a clear summary of the key changes

Your continued use of the App after the effective date constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the App before the changes take effect and may terminate your account.

20. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to conflict of law principles.

For EU consumers: If you are a consumer resident in the EU/EEA, you will also benefit from any mandatory provisions of the law of the country in which you reside. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Croatia, except that EU consumers may bring proceedings in the courts of their country of residence.

21. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

22. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Hotfix d.o.o. regarding the use of the App and supersede all prior agreements and understandings.

23. Contact Us

If you have any questions about these Terms, please contact us:

Hotfix d.o.o.
Email: budalic@hotfix-doo.com
Website: https://www.myfitnessgoals.app

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