Terms & Conditions

The main agreement you're making in order to use Fitssey.

1. Introduction

Please read the document carefully. By accessing and using the Service you agree to be bound by all the following terms and conditions. These Terms regulate the conditions and rules for providing the Service, rules for using the Application and the rights and responsibilities of both sides – the Service Provider and Studio.

Fitssey is a SaaS Model application, that helps you, among other things, to share your schedule online, manage your classes, staff and clients.

The following Terms and Conditions are applicable to all Agreements concluded with the Service Provider through, among other ways, one of the Websites: https://fitssey.com, http://lightenbody.com, http://lightenbody.pl.

Fitssey uses Google Maps to provide certain features of the Application, and, as a result, we are contractually obligated to make our Studio aware of certain terms related to the use of such features. Therefore, you acknowledge and agree that by signing up for an account and using the Application, you are also bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

2. Definitions

The following definitions should help you better understand these Terms.

  1. Service Provider – lightenbody™ company located at Heweliusza 11/819, 80-890 Gdańsk, Poland operating under EU VAT number PL7532294721, offering online Services and Application,

  2. Client – means an entity with a sufficient legal capacity, under the provisions of national legislation, to be subject to rights and obligations, which demands the performance of the Service from the Service Provider by filling the electronic registration form available on the Service Provider’s Website,

  3. Website – websites and/or mobile applications owned and operated by the Service provider,

  4. Application – online booking and management system created and offered by the Service Provider,

  5. SaaS Model (Software as a Service) – software licensing model in which software is licensed on a subscription basis and centrally hosted,

  6. Studio – a virtual studio created while you create a business account in Fitssey, that represents your studio, club or school,

  7. Service – access to the Application which is provided by the Service Provider through its website under the Terms and Conditions,

  8. Additional Services – Services used by the Client outside of the regular Offer,

  9. Offer – individual offer for using the Application in SaaS Model in line with these Terms and Conditions,

  10. Agreement – means the present Terms and Conditions and any additional documents provided by the Service Provider,

  11. Subscription – the fee paid by the Client at the end of each billing cycle for using the Application and/or Service,

  12. Additional Service Fee – the fee paid by the Client for any Additional Services described in the Offer,

  13. Billing cycle – specified time period, between the first and the last day of the month, for which a subscription is being charged,

  14. Booking – every booking made by the Studio within the Application during the Billing Cycle.

3. Offer

  1. All materials, leaflets, price lists and other documents available through Service Provider Services, or any other way, does not determine the Offer and so their content, specification of the Application or price are not binding for the Service Provider. Client cannot claim the right to sign the Agreement with the Service Provider based on this information.

  2. All illustrations, descriptions presented in leaflets, price lists or any other documents available through Service Provider's Services are only informative and do not determine the Offer legally.

  3. Service Provider has the right to correct all unintentional errors and obvious mistakes found in the Offer. Client cannot claim any compensation from the Service Provider regarding the listed errors and mistakes.

4. Term

  1. When Client signs up for the Service and agrees to these Terms, the Agreement between Client and the Service Provider is formed, and the term of the Agreement will begin.

  2. The Term will continue for as long as the Client has a Fitssey account or until the Client or the Service Provider terminates the Agreement in accordance with these Terms.

  3. If the Client signs up for the Service on behalf of a company or other entity, he represents and warrant that he has the authority to accept these Terms and enter into the Agreement on its behalf.

  4. Term, once accepted by the Service Provider cannot be cancelled without his written consent.

5. Subject of the Agreement

  1. The subject of the Agreement is the access to the Application.

  2. Client can use the Application only in line with these Terms, unless he has a different specific Agreement with the Service Provider.

  3. Service Provider reserves the right to make changes in the way of accessing the Application, if it’s necessary to adjust to new security requirements or other requirements forced by law.

  4. Service Provider can require delivery of certain data or documents in a specified time period and can ask for not using the application for a specified time period in order to implement updates and improvements in the Application.

6. Conditions and rules for providing Service

  1. Service Provider is obliged to exercise due diligence to make the Application fully accessible and operational.

  2. Access to the Application is provided via the Internet exclusively to registered Clients.

  3. Service Provider reserves the right to block access to Studio account under the following circumstances:

    • infringement by the Studio of any rules or agreements specified in this document,

    • use of the account against the law or these Terms,

    • submission of false or incomplete information given during the registration process,

    • other situations described in this document.

  4. Right after the Studio blockade, Client is informed about this fact through message sent to an email address provided during the registration.

7. Client rights and obligations

  1. Client is the administrator of data entered in his Studio.

  2. Client is responsible for keeping login information safe and not sharing it with any third parties.

  3. Client is obliged to:

    • provide true, accurate and complete data during the registration process,

    • pay Subscription and Additional Service fees within the time frames specified in the invoice or these Terms,

    • immediately update Client’s data in case of any change.

  4. Service Provider doesn’t allow Clients to enter illegal or harmful data within the Application.

8. Price

  1. Prices listed in the Offer are gross amounts.

  2. Service Provider reserves the right to change the prices.

  3. In case of planned change in price, Service Provider will inform Client (through the Application or email) at least one month in advance.

  4. In case Client does not agree with the price change, Client will have the right to terminate the Agreement by sending an email to the Service Provider at [email protected] in line with these Terms.

9. Payment Terms

  1. After completing the registration process, Client acquires the right to use the Application under the terms and prices listed in the Offer and these Terms.

  2. Price of the Subscription is based on the amount of Bookings made during the Billing Cycle. Detailed pricing is available here: https://fitssey.com/pricing.

  3. Price of Additional Services is based on the pricing available here: https://fitssey.com/pricing.

  4. Subscription starts on the first day of the Agreement or on the day specified in the Offer.

  5. Billing Cycle is the time period between the first and the last day of the month, which starts on the actual Studio Registration date. Following Billing Cycles start on the first day of the month and end on the last day of the current month.

  6. Subscription and Additional Services are paid at the end of each Billing Cycle, unless the Agreement states differently.

  7. Not cancelling the Agreement by Client (via email or contact form) results in continuing the Services and charging Subscription and Additional Service fees according to the pricing.

  8. In case the Client doesn’t pay the Subscription or Additional Service fees in 7 days from generating the Subscription amount, despite notices sent by the Service Provider to Client's email and through a notice displayed in Client's Studio to make the payment, Client's Studio will remain blocked until the payment is made by the Client.

  9. In case of Studio blockage, Service Provider grants the Clients additional 14 days to make the payment. In case of ineffectiveness of the notice, Service Provider has the right to immediately end the Agreement.

  10. Client authorizes the Service Provider to issue invoices and send them via electronic mail.

  11. VAT invoices are available for download from the Subscription section of the Application, after making the payment by the Client.

10. Agreement termination

  1. Service Provider has the right to terminate the Agreement partly or completely in situation where:

    • Client doesn’t make the payment in the specified time period,

    • Client doesn’t provide all necessary information required for the Agreement,

    • the issue is beyond the scope of Service Provider’s power and supervision.

  2. The Service Provider disclaims any and all liability for any Service interruptions, damage caused (damnum emergens) or lost profits (lucrum cessans) in the event of circumstances beyond the Service Provider’s control. The Client is not entitled to any claims.

  3. In case of the Client not discharging his responsibilities listed in this Agreement, the Service Provider can:

    • block access to the Application for the Client and his members of staff,

    • stop providing Services that are the subject of the Agreement,

    • claim covering by the Client any damages resulting from the Client’s negligence or actions which are against the law.

  4. The Client has the right to terminate the Agreement at any time, however the Client is required to deliver the notice not later than 3 days before the end of the current Billing Cycle. The notice can be sent in following forms:

    • via email sent to [email protected],

    • via contact form available through the Service Provider’s Website.

  5. In case of the Client applying for termination in the middle of the current Billing Cycle, the notice shall enter into force after the end of the ongoing Billing Cycle, only after the Client has covered all Subscription and Additional Service fees listed on the invoice.

  6. If no payment is made in the time period specified in the Agreement and non-payment is not adequately justified by the Client, the Agreement continues until the Client has covered all Subscription and Additional Service fees.

  7. In case of Agreement termination, Subscription and Additional Service fees which have been already paid are not returned.

  8. The Agreement can be terminated only by the Service Provider and only by his written permission.

  9. The Service Provider can terminate the Agreement with a 30-day notice period.

  10. The Service Provider can terminate the Agreement without the 30-day notice period, if the reason of Studio blockage (section 6.3) has not been resolved by the Client within 30 days from the day of the blockage.

11. Conditions and rules for filing a complaint

  1. Client has the right to raise a complaint about the Application at any moment.

  2. The subject of the complaint can also contain feedback about ways to improve the Application, improving the workflow or enhancing the Offer.

  3. Complaints should be sent via email to [email protected] or via a contact form available through Service Provider’s Website.

  4. The complaint should consist of:

    • Client’s name,

    • Client’s studio name,

    • description of the issue or subject of the complaint,

    • email address, to which the response should be sent.

12. Investigation of the complaint

  1. Service provider shall investigate a complaint within 14 working days, unless the Client:

    • did not describe the subject of the complaint in a proper way,

    • did not provide details that would enable Client’s identification,

    • did not provide other required information.

  2. In cases listed in section 12.1.a – 12.1.b the time for investigating the complaint starts on the day on which the Client provides details which enable the Service Provider to investigate the complaint.

  3. In specific/complicated situations, the time mentioned in 12.1 can be extended to 30 working days. The specific/complicated situations means the necessity to obtain any extra information by the Service Provider from any third parties cooperating with the Service Provider (e.g. payment operator).

  4. A response to a complaint shall be sent by the Service Provider to an email address provided by the Client.

13. Liability and exemptions

  1. The Service Provider disclaims any and all liability for any Service interruptions in the event of:

    • circumstances beyond the Service Provider’s control (e.g. caused by force majeure, third party or the Client),

    • need to undertake any repairs or modifications of the Application, which is the subject of the Agreement.

  2. The Service Provider is not responsible for any data, information, pictures or other materials entered in the Application by the Client and third parties, who gained access to the Application through the Client.

  3. The Service Provider doesn’t take responsibility for content of Terms and Conditions or other legal documents uploaded by the Client for his clients.

  4. The Service Provider doesn’t take responsibility for damage caused by the Client, members of his staff or clients by providing false, not updated or incomplete data through the Application.

  5. The Service Provider has the right to browse, verify and judge data, information or other materials entered by the Client or his members of staff and clients through the Application.

  6. The Service Provider doesn’t take responsibility for low quality or failure in providing services by telecommunication carriers, with which the Client has a legal Agreement, resulting in interruptions or lack of access to Service Provider’s Application.

  7. The Service Provider doesn’t guarantee, that the Website or Application will be free of errors or access to the listed will be continuous or uninterrupted.

  8. The Service Provider doesn’t take responsibility for any actions undertaken by the Client, his members of staff and clients, in particular actions which may result in causing damage to any third parties.

  9. By using the Application, Client agrees, that he will not claim from the Administrator responsibility for any damage, costs or expenses related to the loss of any hardware, including hardware belonging to any third parties as a result of using the Application by the Client or his members of staff.

  10. Service Provider’s liability, which is the subject of this section applies both to the possible occurrence of actual damage (damnum emergens) and profit loss (lucrum cessans), which may be the result of the Client not applying to the conditions and rules listed in this Terms or any other documents provided by the Service Provider.

14. Personal data protection

  1. Information on the rules for personal data protection and processing can be found in the Privacy Policy, which is an integral part of these Terms and Conditions.

15. Copyrights and data protection

  1. All materials published on Service Provider’s Websites or in the Application (including texts, images, logotypes) belong to the Service Provider or has been used by the Service Provider with prior permission given by the third party that owns the rights to the mentioned materials.

  2. It is forbidden to copy pictures, texts and other materials published on Service Provider’s Websites, including sharing the mentioned above via Internet without a written permission from the Service Provider or third party that owns the rights to the mentioned materials.

  3. It is forbidden, for any third parties, to download pictures or images from Service Provider’s Websites and use them for marketing purposes.

16. Final provisions

  1. Both sides are obliged to exercise due diligence during the Agreement.

  2. The Service Provider obliges himself to maintain the Application accessible, operational and undertake any necessary updates.

  3. The Service Provider reserves the right to introduce changes to the Website and Application, in particular in terms of the content displayed and the functionality offered, which do not result in drastic changes to these Terms, including:

    • changes resulting from new law rules,

    • layout and functionality changes and improvements.

  4. Both sides are obliged to immediately update and inform the other side about any changes in data, in particular about changes in postal address, phone number, email address or any other information required by the Agreement.

  5. The Service Provider reserves the right to introduce changes to these Terms and Conditions. The Service Provider will inform the Client about the changes via email address provided by the Client during the registration process.

  6. Change in price lists do not affect previously paid Services.

  7. In situations not regulated by these Terms, law of the Republic of Poland applies.

  8. Any disputes between the parties that may arise from the interpretation of these Terms and Conditions shall be resolved by the common court of law having its jurisdiction over the seat of the Service Provider.

  9. The original Polish version of the Terms and Conditions has been translated to other languages. In the event of discrepancies between the Polish version and any other language versions, the Polish language version shall apply, prevail and be conclusive.

17. Questions & Concerns

If you have any questions or concerns, please send us a detailed message to [email protected] or via postal mail at:

lightenbody™
Heweliusza 11/819
80-890 Gdańsk
Poland

Updated January 17, 2019