Terms & Conditions 2018-10-08T08:52:33+00:00

Terms Of Service

FITCEL is a platform promoting an active and healthy lifestyle, using A.I. powered technology to provide custom fitness for everyone. Based on academic background and scientifically driven methodologies used in high performance sports.

Our A.I. evaluates the user, prescribes the appropriate activity, tracks and updates the user and provides ongoing motivation.

Fitcel uses complex algorithms to “prescribe” activities and exercises fully adapted to each user profile regardless of their level of physical condition, age, place, equipment or time available.

  • We reach users through professionals, sports centers, medical consultations, companies, public institutions, …
  • The 4 steps: evaluate the user, prescribes activity, followup/track and motivate.
  • In-depth feedback helps motivate and improve retention to the program.
  • Fitcel adapts the content and activities based on the user profile and the environment they are in: home, work, gym, outdoor, water and the car.

These Terms of Service (“Terms”) govern your use of the platform, our websites, including www.fitcel.com, the software, the FITCEL mobile applications, memberships and other FITCEL services (collectively, the “FITCEL Service”).

You must accept these Terms to create a FITCEL account and to use the FITCEL Service. If you do not have an account, you accept these Terms by visiting  www.fitcel.com or using any part of the FITCEL Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT www.fitcel.com OR USE THE FITCEL SERVICE.

Object and acceptance

This legal notice regulates the use of the website www.fitcel.com  (hereinafter THE WEB), of which Fitcel Technologies s.l.. is the owner. (hereinafter, THE OWNER OF THE WEB).

Browsing the website of THE OWNER OF THE WEB attributes the condition of user thereof and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may be modified.

The user undertakes to make correct use of the website in accordance with the laws, good faith, public order, traffic uses and this Legal Notice. The user will be liable to THE OWNER OF THE WEB or to third parties, for any damages that may be caused as a result of breach of this obligation.

IDENTIFICATION AND COMMUNICATIONS

THE OWNER OF THE WEB, in compliance with Law 34/2002, of July 11, on services of the information society and electronic commerce, informs you that:

Its corporate name is: OMNIUM LAB STUDIOS S.L.

CIF is B-72239577

Its registered office is at: CALLE BALUARTE 1, PORTAL 2, 6º D- 11201 – ALGECIRAS- (CÁDIZ).

Entity registered in the Mercantile Registry of Cádiz, Volume 2088, Folio 123, Inscription 1, Page CA-45079

To communicate with us, we put at your disposal different means of contact that we detail below:

Tel: 956099464

Email: support@fitcel.com

All notifications and communications between users and THE OWNER OF THE WEB will be considered effective, for all purposes, when they are made through postal mail or any other means detailed above.

Conditions of access and use

The website and its services are freely accessible, however, THE OWNER OF THE WEB conditions the use of some of the services offered on its website to the prior completion of the corresponding form.

The user guarantees the authenticity and timeliness of all data that communicates to THE OWNER OF THE WEBSITE and will be solely responsible for any false or inaccurate statements made.

The user expressly agrees to make appropriate use of the contents and services of THE OWNER OF THE WEB and not to use them for, among others:

a) Disseminate content, criminal, violent, pornographic, racist, xenophobic, offensive, advocating terrorism or, in general, contrary to law or public order.

b) Introduce computer viruses in the network or carry out actions that may alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of THE OWNER OF THE WEBSITE or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of computer resources through which THE OWNER OF THE WEB provides its services.

c) Attempt to access the email accounts of other users or restricted areas of the computer systems of THE OWNER OF THE WEB or of third parties and, where appropriate, extract information.

d) Violate the rights of intellectual or industrial property, as well as violate the confidentiality of the information of THE OWNER OF THE WEB or of third parties.

e) Impersonate the identity of another user, public administrations or a third party.

f) Reproducing, copying, distributing, making available or otherwise publicly communicating, transforming or modifying the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.

g) Collect data for advertising purposes and send advertising of any kind and communications for sale or other commercial purposes without their prior request or consent.

All the contents of the website, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to THE OWNER OF THE WEBSITE, without being understood to be transferred to the user none of the exploitation rights over them beyond what is strictly necessary for the correct use of the web.

In short, users who access this website can view the contents and, where appropriate, authorize private copies provided that the reproduced elements are not subsequently transferred to third parties, nor installed to servers connected to networks, nor subject to no type of exploitation.

Likewise, all brands, trade names or distinctive signs of any kind that appear on the website are the property of THE OWNER OF THE WEBSITE, without it being understood that the use or access to it attributes to the user any right over them.

The distribution, modification, assignment or public communication of the contents and any other

Terms Update

These Terms and conditions will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.fitcel.com. We will notify you by email, through the FITCEL Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the FITCEL Service after a modification is posted, you are telling us that you accept the modified terms.

Read Our Privacy Policy. Any information that FITCEL collects through your use of the FITCEL Service is subject to the FITCEL Privacy Policy, which is part of these Terms.

Creating an Account

Full use of the FITCEL Service requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. FITCEL is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

We may need to contact you about your use of the FITCEL Service. These communications are part of the FITCEL Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.

FITCEL’s Rights

“FITCEL Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the FITCEL Service to you. Except for Your Content, FITCEL Content, the FITCEL Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Spain and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the FITCEL Service.

What you can do on the FITCEL service

The FITCEL Service is intended for your personal, non-commercial use.

FITCEL grants you a limited, non-exclusive, non-transferable, non-sublicensable license to

(1) access and view the FITCEL Content, (2) access and use the software and mobile applications provided by the FITCEL Service, and (3) use the software that is embedded into FITCEL products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the FITCEL Service as permitted in these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the FITCEL Content, FITCEL Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by FITCEL or its licensors, except for the licenses and rights expressly granted in these Terms.

Our Enforcement Rights

We are not obligated to monitor access or use of the FITCEL Service, FITCEL Content, or Your Content or to review or edit any FITCEL Content or Your Content, but we have the right to do so for the purpose of operating the FITCEL Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant  to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the FITCEL Service, any FITCEL Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the FITCEL Content, Your Content, or your use of the FITCEL Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the FITCEL Service.

Use the FITCEL service at your own risk

Our goal is to provide helpful and accurate information on the FITCEL Service, but we make no endorsement, representation or warranty of any kind about any FITCEL Content, information, services or recommendations. The accuracy of the data collected and presented through the FITCEL Service is not intended to match that of medical devices or scientific measurement devices.

We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the FITCEL Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. If you rely on any FITCEL Content or the FITCEL Service, you do so solely at your own risk.

Consult your doctor before using the FITCEL service

The FITCEL Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the FITCEL Service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the FITCEL Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the FITCEL Service. If you engage in any exercise program you receive or learn about through the FITCEL Service you agree that you do so at your own risk and are voluntarily participating in these activities.

Changes To The FITCEL Service

FITCEL may change or discontinue, temporarily or permanently, any feature or component of the FITCEL Service at any time without notice. FITCEL is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the FITCEL Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by FITCEL products without prior notice to you.

Termination

If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the FITCEL Service or your account, the following provisions of these Terms will survive: Posting your content on the FITCEL service; FITCEL’s Rights; Our enforcement rights; consult your doctor before using the FITCEL service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.

Disclaimers

THE FITCEL SERVICE AND FITCEL CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty

that the FITCEL Service or FITCEL Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the FITCEL Service or any FITCEL Content. You acknowledge and agree that if you rely on any FITCEL Content or the FITCEL Service, you do so solely at your own risk.

Dispute Resolution

You agree that any dispute between you and FITCEL arising out of or relating to these Terms of Service, the FITCEL Service, or any other FITCEL products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the European Union, without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against FITCEL, you agree to try to resolve the Dispute informally by contacting support@fitcel.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or FITCEL may bring a formal proceeding.

Additional Terms May Apply

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

Contact Us

Please contact us if you have any questions about these Terms. FITCEL TECHNOLOGIES S.L.

support@fitcel.com

Date of Last Update: October 05, 2018

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