Terms and conditions

In short

• You pay per month; the price of your plan is on the pricing page. There is no set-up fee.
• You cancel yourself in the staff app, under Subscription. The subscription stops at the end of the running period.
• Every plan includes a data processing agreement: article 12 below.
• You can always export your data, also after cancelling.
• Fit Relay runs on its own servers in the Netherlands.

1. Who we are

These terms are of NForce IT, trading as Fit Relay, the Netherlands, Chamber of Commerce 60066350, VAT NL002161960B51, info@fitrelay.app (Fit Relay).

2. Definitions

• Customer: the business (legal entity or sole trader with a Chamber of Commerce number) that enters into the Agreement with Fit Relay, such as a gym, studio or personal trainer. Fit Relay does not contract with consumers.
• Agreement: the agreement between Fit Relay and the Customer on the use of the Service, of which these terms and the data processing agreement in article 12 are part.
• Service: the Fit Relay platform, with the member app (web and iOS), the staff app and the underlying systems, as described on fitrelay.app.
• Tier: the plan the Customer chooses (Solo, Studio, Club or Enterprise), with its price, included members, coaches and locations, and features (Annex 1).
• Member: a person the Customer coaches and gives access to the Service.
• User: anyone who uses the Service through the Customer: Members, coaches, managers and the organisation account.
• Location: a gym of the Customer in the Service, each with its own address.
• Member payments: payments from Members to the Customer that run through the Service.
• Credits: units in the Service with which Members book; they are not money and cannot be exchanged for money.

3. Applicability and conclusion

These terms apply to every offer by and agreement with Fit Relay. The Customer's own terms do not apply. An offer is without obligation.

The Agreement is concluded when Fit Relay confirms the Customer's request in writing (including by e-mail) and opens the organisation account, or when the Customer completes an order on fitrelay.app. With that, the Customer accepts these terms, including the data processing agreement in article 12.

Fit Relay may refuse a customer without giving reasons. Deviations apply only when agreed in writing (including by e-mail).

4. Term and cancellation

The Agreement runs per month, counted from the start date, and continues each month until it is cancelled. There is no minimum term and no set-up fee.

The Customer cancels with the organisation account in the staff app, under Subscription, or by e-mail to info@fitrelay.app. The cancellation takes effect at the end of the running period; until that day the Customer can undo it. Paid periods are not refunded. Fit Relay can cancel with at least one month's notice.

Fit Relay may end the Agreement with immediate effect if the Customer is declared bankrupt, applies for a suspension of payments, or seriously breaches these terms and does not remedy the breach within a reasonable period after a written notice.

5. Prices and payment

The prices of the Tiers are those on fitrelay.app at the moment the Agreement is concluded; Annex 1 shows them. All prices are in euros and exclude VAT.

Fit Relay invoices per month in advance through Stripe. An invoice must be paid within 14 days, by the means the invoice offers.

Where a Tier offers them, extra Members above the included number, extra coaches and extra Locations are charged at the prices in Annex 1, up to the Tier's maximum. An extra added halfway through a month is invoiced pro rata for the rest of that month.

If an invoice is not paid on time, Fit Relay sends a reminder. If it is still unpaid 30 days after the due date, Fit Relay may, after 14 days' written notice, suspend access to the Service until it is paid. No data is deleted.

Fit Relay may change its prices with at least 30 days' notice. A change applies from the next period, never retroactively, and the Customer may cancel before it takes effect.

6. Member payments and credits

On Tiers that include payments (Studio, Club, Enterprise), the Customer can sell products to Members, who pay through Stripe (iDEAL, card or SEPA direct debit). How and when the amounts received reach the Customer, and any costs, Fit Relay and the Customer agree in writing before the first member payment.

The Customer is the seller towards its Members: it sets its products, prices and its own terms, and is responsible for its obligations towards Members, including consumer law (such as the right of withdrawal) and refunds.

Members accept their contract with the Customer by ticking the boxes on the offer page; the Service records the evidence of that acceptance for the Customer. Credits are not money, cannot be exchanged for money and have no value outside the Service.

7. Tiers, limits and fair use

Each Tier has a number of included Members, coaches and Locations and a set of features (Annex 1). Every Member with an active membership counts, including Members who have not been active for a while. Above the included number the Service charges the extra (article 5); above the Tier's maximum it refuses the addition until the Customer moves to another Tier.

The Customer can change Tier at any time. The change applies at once; the difference is settled pro rata on the next invoice.

The Customer uses the Service as a reasonable business would, for coaching its own Members, and does not resell it, attempt to break its security, overload it or use it for unlawful content. The Service limits how often an address may make requests; this protects every customer.

8. The Customer's obligations

The Customer keeps its sign-in details and its Users' second step secret, gives access only to people who need it, and is responsible for what its Users do in the Service.

The Customer is responsible for the content it puts in, such as programmes, nutrition advice and messages, and for the professional advice its coaches give. Fit Relay gives no medical, training or nutrition advice.

The Customer ensures it has a lawful basis for the personal data it puts in, including the exception under article 9 GDPR for health data, and informs its Members about it. The Customer arranges its own domain's DNS records where it uses its own domain.

9. Availability, maintenance and support

Fit Relay makes reasonable efforts to keep the Service available and working, but does not guarantee uninterrupted availability. For Enterprise, a service level can be agreed in a separate SLA.

Planned maintenance happens outside office hours where possible and is announced in advance where possible. Fit Relay may develop and change the Service, provided its core functions remain.

Support is available by e-mail at info@fitrelay.app; we answer on working days.

10. Hosting and security

The Service runs on NForce IT's own servers in the Netherlands. Fit Relay takes appropriate technical and organisational measures to protect the data, including two-step verification for every account, encryption in transit, separation of each customer's data in the database and logging of access.

11. Intellectual property

All intellectual property rights in the Service, including software, design, the shared exercise, food and meal libraries Fit Relay provides, and documentation, remain with Fit Relay or its licensors. The Customer receives a non-exclusive, non-transferable right to use the Service for the term of the Agreement.

The Customer keeps the rights to the content and data it puts in, including its logo and its own programmes, and gives Fit Relay the right to use them only to provide the Service.

The libraries are shared between customers. Exercises, foods, meals and programmes a Customer's coach adds to the shared library are seen by other customers' coaches too, and they stay in the library after the Agreement ends. The Customer gives Fit Relay a free, perpetual right of use for them. If the Customer does not want to share something, it does not put it in the shared library.

12. Data processing agreement

For the personal data the Customer puts into the Service about its Members and staff, the Customer is the controller and Fit Relay the processor within the meaning of article 28 GDPR. This article is the data processing agreement between the parties. It is part of every Agreement, on every Tier. A tailored data processing agreement is part of Enterprise.

Fit Relay:

• processes the data only to provide the Service and on the Customer's documented instructions, which include these terms and the settings the Customer chooses in the Service, and never for its own purposes;
• ensures that everyone who can access the data is bound to confidentiality;
• takes the security measures in article 10 and keeps them up to date;
• uses only these sub-processors: Stripe for payments, Google Workspace for mail and Apple for push notifications. Fit Relay announces a new sub-processor by e-mail at least 30 days in advance; the Customer can object and, if the objection is not resolved, cancel the Agreement by the date it takes effect;
• helps the Customer with data subjects' requests, with a data protection impact assessment (DPIA) and with a prior consultation of the supervisory authority;
• reports a security breach affecting the Customer's personal data without undue delay, and at the latest within 48 hours after discovering it, with the information the Customer needs for its own notification;
• makes available the information needed to demonstrate compliance, and once a year cooperates with an audit by the Customer or an independent auditor, with 30 days' notice and at the Customer's cost;
• returns or deletes the data after the Agreement ends, at the Customer's choice. The organisation account can export all of the organisation's data itself at any time, also after cancelling; what a Member logs about their own health is in that Member's own export. Until the Customer deletes the data or asks for its deletion, Fit Relay keeps it.

With the visitor's consent, Fit Relay uses Google Analytics to measure the use of the apps and of the Customer's pages too, without names or health data. Fit Relay does so as controller, and its privacy statement applies. The same goes for Fit Relay's own customer administration, the website and the security logging.

13. End of the Agreement and your data

When the Agreement ends, the access of the Customer's Users ends at the end of the last paid period. The organisation account can still export all data afterwards.

Fit Relay keeps the Customer's data until the Customer deletes it or asks Fit Relay to delete or return it, as article 12 provides. Fit Relay keeps invoices for as long as the law requires.

14. Liability

Fit Relay is liable only for direct damage caused by an attributable failure in performing the Agreement, and only after a written notice of default giving a reasonable period to remedy it. Liability is limited per year to the amount the Customer paid for the Service in the twelve months before the event that caused the damage.

Fit Relay is not liable for indirect damage, including lost profit, lost savings, loss of goodwill, business interruption and damage from lost or corrupted data, nor for damage caused by the Customer's content, the advice of its coaches, or the services of third parties such as Stripe, Google and Apple.

These limits do not apply in case of intent or deliberate recklessness of Fit Relay. A claim lapses if it is not reported in writing within twelve months after the Customer discovered or could reasonably have discovered the damage.

15. Force majeure

Fit Relay is not obliged to perform while prevented by circumstances beyond its control, including failures of third parties it depends on (power, internet, Stripe, Google, Apple), cyber attacks it could not reasonably prevent, and government measures. If force majeure lasts longer than 30 days, either party may end the Agreement in writing.

16. Confidentiality

Both parties keep confidential what they learn of each other's business and which they know or should know is confidential, also after the Agreement ends.

17. Changes to these terms

Fit Relay may change these terms. It announces a change by e-mail at least 30 days before it takes effect. If the change is to the Customer's disadvantage, the Customer may cancel the Agreement by the date the change takes effect.

18. Applicable law and court

Dutch law applies to the Agreement; the Vienna Sales Convention (CISG) does not. Disputes are submitted exclusively to the District Court of the Northern Netherlands (Rechtbank Noord-Nederland), location Groningen.

These terms are in Dutch and English; in case of a difference, the Dutch text prevails.

Annex 1: the tiers

The tiers with their prices per month, excluding VAT, as they apply now.

Loading the tiers…