Terms of use

In short

• Fit Relay is NForce IT's software. Your gym, studio or personal trainer uses it to coach you; your membership is with them, not with Fit Relay.
• Your contract, your payments and your credits are between you and your gym. Payments go through Stripe to your gym; Fit Relay does not receive your money.
• Your account is personal. Share your password and your sign-in code with no one.
• Fit Relay gives no medical advice. If you have pain or complaints, stop and see a doctor or physiotherapist.
• The app, the concept, the method and the design belong to NForce IT. You may use the app, not copy or rebuild it.
• Your gym decides what happens with your data; Fit Relay processes it for your gym. Read the privacy statement.
• When these terms change, the app asks you to accept them again.

1. Who we are

These terms of use are NForce IT's, trading as Fit Relay, Chamber of Commerce 60066350, VAT NL002161960B51, info@fitrelay.app (hereafter: Fit Relay).

They apply to everyone who uses Fit Relay through a gym, studio or personal trainer (hereafter: your gym): members, coaches and managers, in the app on iPhone and iPad and on the web (hereafter: you).

2. What Fit Relay is

Fit Relay is software with which your gym prescribes your training and nutrition, and in which you log what you eat, weigh and train, so your coach can steer. Your gym is your point of contact for your membership, your coaching, your contract and your payments; Fit Relay only supplies the software.

You use Fit Relay because your gym gives you access. Your access ends when your gym ends it or stops using Fit Relay. Fit Relay is new and still being developed: features may change.

In the app you see your gym's name, logo and colours. The software remains Fit Relay's.

3. Your gym, your contract and your payments

Your membership, your contract and your products, such as a subscription, a class pass or personal training, are agreed with your gym. When you accept an offer or contract from your gym in the app, Fit Relay records for your gym what you accepted and when. Your gym's terms apply to it.

Payments go through Stripe, to your gym's account. You enter your payment details on Stripe's pages; Fit Relay does not receive your money and does not keep your card details. If you pay by direct debit, you give your gym a SEPA mandate. Your invoices are in your gym's name.

Credits are issued by your gym; you use them to book classes and appointments at your gym. They are not money: you cannot exchange them or give them to someone else, and you use them only at your gym.

Your gym's terms decide when credits expire, until when you cancel for free and what cancelling costs after that, and whether a booked place counts as attended once it has ended. The app shows this before you buy or cancel. Your statutory rights against your gym, such as a refund where the law gives one, remain.

4. Your account

Your account is personal and not transferable. You keep your password and your second sign-in step secret and do not let anyone else work on your account. If you suspect misuse, report it at once to your gym or to info@fitrelay.app.

You make sure what you enter is correct, as far as it is up to you.

5. How you use Fit Relay

You use Fit Relay only for your own training or, as a coach or manager, for your work at your gym. You do nothing that harms Fit Relay, your gym or other users.

What you log, you log on the day itself. A past day closes and can no longer be changed.

If you think something in Fit Relay is unlawful, such as a video that infringes rights or in which you appear without your consent, report it to info@fitrelay.app, with the reason and where it is. Fit Relay assesses a report promptly, removes content after a substantiated report and tells whoever posted it what was decided and why.

• You send nothing in messages that is unlawful, offensive or threatening.
• You do not read out the app or the systems behind it automatically and do not load them heavily on purpose.
• You do not circumvent or test the security and do not try to reach other people's data.

6. If you are a coach or manager

You use Fit Relay for your work at your gym and see only what you need for it: as a coach the members you coach, also as a stand-in; as a manager what your gym allows you. Your gym decides what access you have.

• You use members' data only to coach them, as your gym agrees, and keep it confidential, also once you no longer work for the gym. You do not take it out of Fit Relay, except on your gym's instruction.
• You link only videos to exercises for which you have consent: a video made by someone else, or in which others appear, may require the consent of its maker or of the people shown.

7. Health

Fit Relay gives no medical advice and makes no diagnosis. Programmes, nutrition plans and suggestions in the app, including a replacement exercise your coach chooses when there is pain, come from your coach or from Fit Relay's library and do not replace a doctor, physiotherapist or dietitian.

If you have pain, an injury or complaints, or doubt whether an exercise suits you, stop and see a doctor or physiotherapist. You train under your gym's guidance and listen to your body.

If you report pain in the app, your coach sees it. In an emergency call 112; do not wait for the app.

8. Fit Relay's property

Fit Relay is and remains NForce IT's. That applies to the app and the software, and also to what is not visible as code: the concept, the method and the processes Fit Relay supports, the logic and rules behind them, the knowledge they contain, and the design of the screens. You receive no ownership and no source code.

You receive a personal, non-exclusive and non-transferable right to use Fit Relay for as long as your gym gives you access. You may not copy, decompile or rebuild Fit Relay, or take its concept, method, logic or design into a product of your own or of someone else, also not after your access ends.

Ideas, feedback and suggestions you give, also during the pilot, Fit Relay may use freely. They give no right to Fit Relay or any part of it and no compensation.

What you enter yourself, such as your log, your profile photo and your messages, remains yours. You give Fit Relay and your gym the right to use it to provide the service to you.

What you add to the shared library as a coach or manager, such as exercises with their videos, you add on behalf of your gym. Fit Relay may store, show, copy and technically adapt it and let coaches and members of other gyms use it, as your gym's terms with Fit Relay (article 11) set out. Insofar as you hold rights in what you add yourself, you also grant Fit Relay that licence directly.

Videos with exercises may have been made by others and are shown through the platform they are on, such as YouTube, and load only once you consent to it. Fit Relay is not responsible for their content or for their misuse by third parties.

9. Your data

Your gym is responsible for the data about you in Fit Relay; Fit Relay processes it on your gym's behalf. What exactly we process, why and for how long is in Fit Relay's privacy statement; your gym also has a privacy statement of its own.

What you log, your coach sees: your check-ins, workouts, nutrition, measurements, pain reports and messages, and your profile photo. Check-ins may contain data about your health; your gym uses it only to coach you.

The app shares data from Apple Health only with your consent, which you withdraw again in the app. Videos from YouTube load only after your consent, which you withdraw again in Settings. You turn notifications on or off in Settings.

You download your data on the web in Settings. Closing your account or having your data deleted goes through your gym.

10. Availability and liability

Fit Relay does its best to keep the service working and reachable, but cannot promise it always works without interruption or errors.

Fit Relay is not liable for damage from using the app, except in case of intent or deliberate recklessness on Fit Relay's part, and insofar as the law does not provide otherwise. This never limits liability for death or personal injury. Your rights as a consumer remain in full.

11. Ending

You can stop using Fit Relay at any time; closing your account and having your data deleted go through your gym. If you use Fit Relay against these terms, Fit Relay may suspend or end your access; your gym hears of it at once.

12. The iOS app

For the app from the App Store these terms apply between you and Fit Relay, not Apple. Apple is not responsible for the app or its content and has no obligation to maintain or support it. The App Store's usage rules apply as well.

13. Changes

Fit Relay may change these terms. With a new version the app asks you to accept again before you continue. If you do not accept, you can no longer use the app; your gym keeps your data.

14. Governing law

These terms are governed by Dutch law. If you are a consumer, you keep the protection the mandatory law of your country of residence gives you. Disputes go to the court that is competent by law.