General conditions of use Serious Fitness Lab B.V. dated 1-1-2023
Serious Fitness Lab offers, on a subscription basis, a fitness app that gives members access to personalized workout programs. In order to avoid any misunderstandings about the terms and conditions that apply to the use of our Serious Fitness Lab app (“App”), we apply these terms and conditions.
1 Subscriptions and trial period
1.1 We offer different types of subscriptions. On our website (www.seriousfitnesslab.com) you can see which subscriptions we offer. The remaining term of your subscription is visible on your account page of the app store through which you purchased the App (such as Google's Play Store or Apple's App Store).
1.2 It is possible to convert a short-term subscription to a subscription that runs longer at any time. You can adjust this via your account page of the app store.
1.3 The first 7 days of your subscription you have the right to cancel the subscription free of charge. This trial period of 7 days is without prejudice to your legal right to withdraw from the agreement during the cooling-off period, unless you have explicitly waived this cooling-off period.
2.1 When you create an account - which is necessary to use our App - you must provide us with correct and complete information.
2.2 You must treat your chosen username and password confidentially. You are solely responsible and liable for all activities that occur under your account.
2.3 If you know or suspect that someone else knows your password, you must notify us immediately at firstname.lastname@example.org and take all necessary measures to prevent unauthorized access (such as changing relevant passwords).
3 Use of the App
3.1 After payment of the applicable subscription fee, you will have access to the App for the term of the subscription.
3.2 You must have internet access to use the App.
3.3 You must be at least 16 years old to use our App.
3.4 Our App is a lifestyle app and provides health and fitness information for recreational purposes. Our App is not intended to provide medical or nutritional advice. The information about nutrition that can be found in the App is not tailored to individual needs. If you wish to make a change in your diet, we advise you to do this in consultation with a dietitian.
3.5 Use of our App is at your own risk. Individuals with pre-existing medical conditions, poor health, injuries, who are pregnant, or who have concerns or questions about their health or who are starting a new fitness program should consult an appropriate health care professional before beginning any of the programs. Do not use the App (or use it only partially) if a doctor or other healthcare provider has advised you not to participate in (certain) training programs.
3.6 In case of overload or if the exercises are not performed correctly, injuries can occur. Stop exercising and contact a healthcare professional immediately if you experience any of the following symptoms: muscle or joint pain, dizziness, fainting, overheating, shortness of breath, or chest pain.
3.7 You must refrain from the following activities:
Use our App for any purpose other than your personal, non-commercial use;
Reproduce, decompile or reverse engineer our App;
Reproduce, distribute, modify, use or create derivative works from any content made available through the App or the App itself (except as permitted by these terms);
Infringe any copyright, trademark or other intellectual property rights owned or licensed to us;
remove or circumvent security measures or technical restrictions of the App;
Use any robot, spider, scraper or other automated means to access our App;
Spreading viruses or other technologies that could harm our App;
Share content that is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable.
3.8 The App and our website may contain links to websites operated by third parties. Such links are provided for informational purposes only. We have no control over the content of those websites. We are not responsible (or liable) for the content posted on those websites.
4 Changes to the App
We are constantly improving our App to optimize the experience for our users. We are therefore entitled to make functional or technical changes or improvements to the App at any time, without prior notice. However, we will not make changes that lead to reduced functionality.
5 No warranty
5.1 We make no guarantees with regard to possible results from the use of our App or with regard to the content offered through the App.
5.2 Although we make every effort to ensure that the App functions as good as possible, we cannot guarantee that the App will always be uninterrupted or error-free.
6 Rates and payment
6.1 The amount you pay for using our App depends on the subscription you have chosen. The different subscriptions can be found on our website. The subscription you have chosen is visible on your account page of the app store with which you purchased the App.
6.2 All subscription fees are due in full in advance.
6.3 Payment can only be made via the app store, such as Google's Play Store or Apple's App Store. The fees due are invoiced and collected by the app store, not by us. Additional app store terms and conditions apply to your payment.
6.4 If you do not pay on time, we will suspend your access to our App. If you do not make payment for more than 6 months, we will delete your account and all stored data.
6.5 We may change the rates from time to time. Changes will be announced at least 1 month in advance by e-mail. New rates only take effect as soon as a new subscription term starts.
7 Duration and Termination
7.1 The duration of the subscription depends on the subscription chosen by you (visible on your account page). During the initial term, the subscription cannot be canceled prematurely.
7.2 If you do not terminate the subscription by the end of the (initial) term, the subscription will each time be tacitly renewed for the same duration as the initial subscription (unless you have changed your subscription type at any time).
7.3 After the expiry of your initial subscription, you (but also we) can terminate the subscription at any time. You can terminate your subscription via your account page of the app store with which you purchased the App. Termination takes effect on the first calendar day of the following month. The subscription fee paid in excess by you will be refunded.
7.4 You can terminate your subscription via the app store with which payment of the subscription is made.
8 Intellectual property rights
With respect to all intellectual property rights established in the App and the content available on it, we grant you a non-exclusive and non-transferable right to make personal use of that application for the duration of your subscription. These intellectual property rights are owned by us or licensed to us by third parties.
Exercising sports can entail risks, such as getting injured. We do not offer personal guidance. You will find tips and recommendations in our App that reduce the potential risks when followed. However, you must estimate yourself what your limits are. If in doubt, you should consult a healthcare provider (or choose not to use our App). We and our employees are not liable for damage resulting from your use of our App, unless damage is caused by intent or gross negligence on our part.
10.1 We do our best to tailor our App to the needs of our users as much as possible. If, despite our efforts, you have a complaint, we would of course like to hear about it. You can contact us via your account page.
10.2 You can also report a dispute via the online platform of the European Commission for online dispute resolution: http://ec.europa.eu/consumers/odr/. Please note, however, that we are not required to participate in a dispute resolution process to settle legal disputes with consumers.
11.2 The use of our App and related legal relationships are governed by the law of the country where the user of the App resides and any disputes arising or related to the use of the App must be submitted to the competent court of the country where the user resides. The foregoing is different if the user of the App lives outside the European Economic Area. In that case, Dutch law applies and the competent court in Amsterdam (the Netherlands) has exclusive jurisdiction.