Terms and Conditions of Use and Contracting

This document regulates the terms and conditions (hereinafter, the “Conditions”) that govern access to, navigation of, and contracting of the service offered by FITIZENS S.L. (hereinafter, “FITIZENS”) through its digital platform, which includes the website fitizens.io (the “Site”) and the mobile application “FITIZENS” (the “App”).

By registering, purchasing a subscription plan, or using the Service, the user (the “User”) declares to be over 18 years of age, to have legal capacity to contract, and to accept these Conditions without reservation. If you do not agree, you must refrain from continuing to use the Service.

1. Identification of the owner

(Expanded information in the Legal Notice).

2. Key definitions

• FITIZENS Platform: The set formed by the App and the website fitizens.io.
• Service: Functionalities available on the FITIZENS Platform, including the “Video Coach” service.
• Video Coach: Functionality of the Service based on computer vision and artificial intelligence that analyzes exercise videos in order to provide technical feedback.
• Subscription: Periodic payment plan that grants the User the right to use the Service in accordance with the contracted Plan, as long as the Subscription is active and paid up.
• Plan: Subscription modality offered by FITIZENS (e.g., Starter, Advance, Elite), described on the Site or the App.
• Analysis: Processing of a video (or equivalent request) through Video Coach to generate a result (e.g., metrics, scores, feedback, timestamps, classifications). The number of Analyses available depends on the Plan.
• User: Natural person over 18 years of age, with full legal capacity to contract.
• Coach: User who uses the Service for professional purposes (for example, to analyze client videos). For contractual purposes, they remain a User.

3. Purpose and scope

These Conditions regulate:

1. Access to and use of the FITIZENS Platform.
2. The contracting, billing, renewal, and cancellation of Subscriptions.
3. The obligations and responsibilities of the User and of FITIZENS.

4. Access and registration requirements

1. Be over 18 years of age and have full legal capacity.
2. Provide truthful, complete, and up-to-date information during registration and keep it as such throughout the duration of the Subscription.
3. Diligently safeguard access credentials, being responsible for any activity carried out from the account.
4. Read and expressly accept these Conditions, the Privacy Policy, and the Cookie Policy before completing registration or contracting.

FITIZENS reserves the right to suspend or cancel accounts if it detects false information, signs of fraudulent use, serious breach of these Conditions, or illegal activity.

5. Description of the Service and nature of the AI

The Service uses artificial intelligence technology of a probabilistic nature.

Notice regarding Artificial Intelligence (AI Disclaimer):

1. The User acknowledges and accepts that the metrics, repetition counts, classifications, and technical judgments are estimates based on video analysis. FITIZENS does not guarantee 100% accuracy nor that the service is free of errors.
2. When the Service displays scores (e.g., 0-100) and/or quality levels (e.g., 7 levels), these results are indicative in nature and do not constitute an official arbitration judgment or an absolute truth.
3. The criteria for the analysis, the presentation of results, and the classifications may evolve over time (Service updates), without this implying any guarantee of stability of metrics or historical scores.

6. Videos, licenses, and image rights

By using Video Coach, the User uploads or records videos of their physical activity.

1. Service license (necessary): The User grants FITIZENS a non-exclusive license to host, reproduce, transform, and process the videos and their metadata, solely to the extent necessary to provide the Service.
2. Quality control, support, and security (evals): FITIZENS may use derived data and technical logs of use of the Service for quality control purposes (including evals), support, fraud prevention, and security.
3. Rights warranty: The User warrants that they hold the necessary rights to upload the content and that such content does not infringe the rights of third parties (including image rights, privacy, and intellectual property).

7. Plans, prices, and multi-platform contracting

1. The current Plans, their features, prices, and applicable taxes are detailed on the Site and/or the App.
2. Web contracting (Stripe): FITIZENS is the party directly responsible for charging. The User manages their Subscription (sign-ups, cancellations, and changes) from their profile on the website.
3. App Store / Google Play contracting: the application store acts as reseller/merchant of record. FITIZENS has no access to payment data nor the ability to carry out direct charges or refunds. The User must manage their subscription exclusively through the settings of their Apple or Android device.

8. Cancellation, withdrawal, and refunds

1. No minimum term: Subscriptions carry no mandatory minimum term commitment, except as expressly indicated in specific promotional offers.
2. Cancellation: the User may cancel automatic renewal at any time. Cancellation will be effective at the end of the current billing period. Until then, access to the Service will be maintained.
3. Withdrawal (web purchases): if the User contracts at a distance through the website, they may exercise the right of withdrawal under the terms provided by consumer regulations, unless, during the contracting process, the User has expressly requested immediate execution of the service and has acknowledged the loss of the right of withdrawal once execution has begun.
4. Refunds: as a general rule, payments are non-refundable except by legal obligation or unless FITIZENS decides otherwise at its discretion. For purchases made on the App Store or Google Play, refund requests must be directed to those platforms.

9. Storage and retention

1. FITIZENS is not a cloud storage (backup) service. The User is responsible for keeping backup copies if they need them.
2. Videos, results, and metrics may be retained in accordance with the Privacy Policy. As a general rule, audiovisual content will be retained until the User deletes it or requests its removal, without prejudice to blocking periods due to legal obligations.

10. Correct use and prohibitions (reverse engineering, resale, and abuse)

1. The User undertakes to use the Service in good faith and in accordance with these Conditions.
2. The following is strictly prohibited:
   • Performing reverse engineering, decompiling, or attempting to obtain the source code of the App or the Service.
   • Obtaining, attempting to obtain, or reconstructing non-public technical information of the Service (including undocumented APIs, endpoints, communication protocols, network traffic, data structure, or internal functioning), except to the extent necessary for normal use of the Service.
   • Accessing, attempting to access, consulting, extracting, or inferring data of other users or third parties, or any confidential information of FITIZENS (including databases, logs, or internal systems).
   • Intercepting, capturing, or monitoring Service communications or data without authorization.
   • Performing penetration tests, vulnerability scanning, or any similar activity on the Service without prior written authorization from FITIZENS.
   • Circumventing payment systems, usage limits, anti-abuse mechanisms, or security measures.
   • Reproducing, reselling, sublicensing, commercially exploiting, or making the Service available to third parties without authorization.
   • Using bots, scraping, or abusive automation that degrades the Service or violates its limits.
3. FITIZENS may analyze use of the Service in order to detect fraud, abuse, or breaches of these Conditions.

11. Intellectual and industrial property

1. The Service, the App, the Site, the software, the AI models and systems, the trademarks, designs, and other elements of FITIZENS are protected by intellectual and industrial property rights.
2. FITIZENS grants the User a limited, non-exclusive, non-transferable, and revocable license to use the Service in accordance with these Conditions for as long as they maintain an active Subscription (or current access) and comply with these Conditions.

12. Promotions and discounts

1. FITIZENS may offer promotions or discounts with specific conditions that will be displayed prior to purchase.
2. When a discount is described as “forever”, it will be understood to apply for as long as the User maintains their Subscription active on a continuous basis, except in cases of fraud or abuse.

13. Use by coaches and videos of third parties

1. The User who uses the Service as a Coach declares and warrants that they have the express and valid consent of all persons appearing in the videos, and that such persons are over 18 years of age.
2. The User shall be solely responsible for the content uploaded and for any claim arising from the lack of rights or consent.
3. FITIZENS may remove or block content in the event of claims or reasonable evidence of infringement of rights.
4. Any third party who considers that their image or data has been processed improperly may contact rgpd@fitizens.io (see Privacy Policy).

14. User-generated content (UGC)

1. The User retains ownership of their content.
2. The User is solely responsible for their UGC. FITIZENS does not pre-review content but reserves the right to remove any content that infringes the law or these Conditions.

15. Medical and liability exemption regarding health and physical activity

1. FITIZENS IS NOT A MEDICAL OR HEALTHCARE SERVICE. The Service, the AI analysis, and any associated content are for informational and support purposes. They do not constitute medical advice, diagnosis, or treatment.
2. Consult a professional: before starting or modifying an exercise program, or if they have a pre-existing medical condition, the User must consult a healthcare professional or a qualified trainer when appropriate.
3. Assumption of risk: the User acknowledges that the practice of physical activity entails inherent risks (including injuries) and that they use the Service under their sole and exclusive responsibility.
4. Specific limitations: to the extent permitted by law, FITIZENS shall not be liable for (i) injuries or damages arising from the User’s sporting practice, (ii) decisions made by the User based on the analysis or metrics provided by the Service, (iii) sporting results not achieved, or (iv) inappropriate use of the Service.

16. General limitation of liability

1. FITIZENS will provide the Service with due diligence.
2. To the maximum extent permitted by law, FITIZENS’s total liability for direct damages shall be limited to the total amount paid by the User in the twelve (12) months prior to the event giving rise to the liability.
3. FITIZENS shall not be liable for indirect damages, loss of profit, or loss of data, nor for failures arising from force majeure events or connectivity problems beyond its control.
4. Nothing in these Conditions excludes or limits liability in cases where such exclusion or limitation is prohibited by applicable regulations, including cases of willful misconduct or fraud.

17. Suspension and termination

1. Temporary suspension: FITIZENS may temporarily suspend access to the Service in the event of (i) non-payment, (ii) reasonable evidence of fraudulent or illegal use, (iii) technical maintenance, security, or integrity of the Service, or (iv) compliance with an administrative or judicial order.
2. Termination: FITIZENS may definitively terminate access to the Service in the event of (i) persistent non-payment, (ii) serious or repeated breach of these Conditions, or (iii) fraudulent or illegal activity.
3. Discontinuation: FITIZENS may discontinue the Service generally, providing reasonable prior notice when possible.
4. Consequences: suspension or termination entails the loss of access to the Service (retention/deletion of data in accordance with the Privacy Policy). In the event of termination for breach, there shall be no right to refund except by legal obligation.

18. Service updates

FITIZENS may update the App and modify the Service’s functionalities in order to improve it or adapt it to technical changes. The User agrees to install updates to ensure proper functioning.

19. Communications

Communications will be made by electronic means (email, push notifications). It is the User’s responsibility to keep their email address up to date.

20. Data protection and cookies

The processing of data is governed by the Privacy Policy. The use of cookies is described in the Cookie Policy. Both policies form an integral part of these Conditions.

21. Modification of the Conditions

FITIZENS may modify these Conditions. Substantial changes will be notified 30 days in advance. Continued use implies acceptance. If the User does not agree with material changes, they may cancel their Subscription before the change takes effect.

22. Force majeure

FITIZENS shall not be liable for breaches due to force majeure events beyond its reasonable control (natural disasters, widespread internet failures, wars, pandemics, etc.).

23. Applicable law and jurisdiction

These Conditions are governed by Spanish law.

1. If the User acts as a consumer, disputes shall be submitted to the courts and tribunals that are competent under applicable mandatory regulations.
2. If the User does not act as a consumer, the parties submit to the Courts and Tribunals of Madrid (Spain).

24. Partial invalidity

If any clause is declared null, the remainder shall remain in force. The null clause shall be replaced by a valid one that respects the original spirit.

25. Apple Subscription Terms

If you purchase a subscription via the Apple App Store, the following terms apply:

• Payment: Payment will be charged to your Apple ID account at the confirmation of purchase.
• Automatic Renewal: Subscription automatically renews unless it is canceled at least 24 hours before the end of the current period.
• Account Charging: Your account will be charged for renewal within 24 hours prior to the end of the current period.
• Management: You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.
• No Refunds: Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription to that publication, where applicable.

In case of any discrepancy between this English translation and the Spanish version, the Spanish version shall prevail.