Terms of Use & Legal Notice

In compliance with Spanish law (LSSI-CE — Law 34/2002 on Information Society and E-Commerce Services), the entity responsible for this website and the Fitaxion platform is:

• Owner: Diego Calatayud García
• Tax ID (NIF): [NIF: completar]
• Trade name: FitAxion
• Address: [Dirección: completar]
• Contact email: legal@fitaxion.com
• Website: https://fitaxion.com

Hereinafter, “Fitaxion”, “we” or “the provider”. Use of this website and the associated services implies full and unreserved acceptance of these terms.

Fitaxion is a SaaS platform aimed at personal and sports trainers (“Coaches”) and their clients or athletes (“Athletes”), enabling among other things:

• Creating, assigning and managing personalized training and nutrition plans.
• A professional chat between Coach and Athlete.
• Scheduling and managing in-person or video appointments.
• Tracking, visualizing and analyzing progress, adherence and body composition.
• Storing custom templates, exercises, recipes, tags and catalogs.

Fitaxion does not provide medical, healthcare, physiotherapy or clinical nutrition counseling services. It is a technological tool for sports and fitness professionals. Technical decisions (plans, prescriptions, diets) are the sole responsibility of the issuing Coach.

Fitaxion has two account types:

• Coach account: created by direct registration on the site. The person registering as a Coach declares to be of legal age, to have legal capacity to contract and, where applicable, to be registered as self-employed or professional for the exercise of their activity.
• Athlete account: created by invitation from a Coach. By accepting the invitation, the Athlete declares to be of legal age or, where applicable, to have consent from their legal guardian (Fitaxion does not allow accounts for minors under 14, in compliance with article 7 of the Spanish LOPDGDD).

The user is responsible for the truthfulness of the data provided and for keeping their credentials confidential. Any activity performed under their account is presumed to have been performed by them, unless proven otherwise.

Fitaxion acts as data processor for Athlete data managed by each Coach. The Coach is the data controller for their Athletes' data and is responsible for the quality and adequacy of the plans they assign.

Fitaxion is not liable for technical decisions (injuries, food intolerances, contraindications, etc.) adopted by Coaches in the exercise of their profession. Each Coach must hold the proper qualifications, training and insurance required for their professional activity.

Fitaxion offers different monthly or annual subscription plans for Coaches (Free, Solo, Pro, Studio). Athletes do not pay Fitaxion: they use the platform free of charge as guests of their Coach.

Prices and plan features are published at https://fitaxion.com/en#pricing and may be updated. Any price change applicable to an active subscription will be communicated at least 30 days in advance; if you do not accept the increase, you may cancel before it takes effect.

Subscription cancellation takes effect at the end of the billed period. Amounts already charged are non-refundable except as required by law or in case of service failures attributable to Fitaxion.

The user agrees not to:

• Upload illegal content, content infringing third-party rights, offensive, violent, pornographic, discriminatory, fraudulent content or content violating personal dignity.
• Impersonate identities, create accounts with false data, or use the platform for purposes other than those intended.
• Reverse-engineer, mass-scrape, attempt unauthorized access, perform DDoS attacks or any other activity affecting the integrity or availability of the service.
• Sell, transfer or sublicense the account or platform contents to third parties without express authorization.

Breach of these rules entitles Fitaxion to suspend or terminate the account without refund of amounts paid.

The Fitaxion platform, its source code, design, brand, logos and graphic elements are owned by the provider or its licensors. Use of the service does not transfer any rights over them.

Content created by the Coach (templates, custom exercises, nutrition plans, tags, etc.) is owned by the Coach. The Coach grants Fitaxion a limited, non-exclusive, revocable license to store and display such content to authorized Athletes as part of the service.

Fitaxion will use reasonable efforts to keep the service available 24/7, without guaranteeing uninterrupted availability. Interruptions may occur due to maintenance, updates, third-party failures or force majeure.

To the maximum extent permitted by law, Fitaxion shall not be liable for indirect damages, loss of profit, loss of data or loss of opportunity. The provider's total aggregate liability towards a user, on any grounds, is limited to amounts actually paid by such user during the 12 months prior to the triggering event.

Fitaxion may modify these terms when necessary due to legislative changes, expansion of functionalities or other justified reasons. Any substantial modification will be communicated by email at least 15 days in advance and a new acceptance will be requested. Acceptance is logged with date and version.

For any complaint or question, please contact us first at legal@fitaxion.com. We will try to resolve the dispute within a reasonable timeframe.

These terms are governed by Spanish law. For consumers residing in the EU, jurisdiction will be that of their domicile. For other cases, the parties submit to the Courts and Tribunals of [Ciudad: completar] (Spain).

The European Commission also makes available to consumers a platform for out-of-court dispute resolution, accessible at https://ec.europa.eu/consumers/odr.

For any questions about these terms or the service, please write to legal@fitaxion.com.