Terms of Use

1. Who we are

The platform is owned and operated by NEXUSVIBE SL, with tax identification number (NIF) B70966650 and registered office at Avenida del Cantábrico 249, 28939 Arroyomolinos, Madrid, Spain.

Registered at the Commercial Registry of Madrid, Volume 46502, Folio 135, Section 1, Sheet M-816510.

You can reach us at gestion@nexusvibe.net (company contact), support@fitconnect.pro (general support), or privacidad@fitconnect.pro (data protection).

2. Description of the service

FitConnect Pro is a B2B software-as-a-service (SaaS) platform that connects personal trainers, strength coaches, and dietitians ("trainers") with their clients.

Through the website and mobile apps, trainers can create and share training programs and meal plans, and clients can track their progress (photos and measurements), communicate with their trainer via chat, and make payments to their trainer.

Some features use Anthropic through our AI gateway to prepare drafts or explanations from deterministic rules and permitted, minimized context. The trainer must review the output before sharing it; AI does not replace professional judgement or make medical decisions.

FitConnect Pro provides the technology tool only. It does not provide coaching, sports, nutrition, or medical services, and it is not a party to the professional relationship between a trainer and a client.

3. Eligibility and user accounts

You must be at least 18 years old and have the legal capacity to accept these Terms. Before creating an account as a client or trainer, you must actively tick the box confirming that you have read and accept these Terms and the Privacy Policy. We retain the acceptance date and accepted document versions as evidence of the agreement.

This general acceptance does not replace the separate explicit consent we request before processing health data under Article 9 GDPR. By registering, you also confirm that the information you provide is truthful, accurate, and up to date.

Each person has a single role on the platform: trainer or client. You are responsible for keeping your credentials confidential and for all activity carried out under your account.

• ·Provide accurate information and keep it up to date.
• ·Protect your login credentials and do not share them with third parties.
• ·Accept responsibility for the activity carried out under your account.
• ·Notify us immediately of any unauthorized use at support@fitconnect.pro.

4. The trainer–client relationship

Trainers are independent professionals and are not employees, partners, or representatives of NEXUSVIBE SL. FitConnect Pro acts solely as a technology intermediary.

Training programs, meal plans, and recommendations are delivered under the trainer's responsibility, including where the trainer starts from an AI-assisted draft. NEXUSVIBE SL does not guarantee the suitability, qualifications, or accuracy of content the trainer reviews and shares with clients.

Any agreement, service, fee, or dispute relating to the coaching service is entered into directly between the trainer and the client.

5. Medical disclaimer

FitConnect Pro and its trainers do not provide medical services or health advice. The information available on the platform is not a substitute for the diagnosis, treatment, or advice of a qualified healthcare professional.

Consult a physician before starting any training program or nutrition plan, especially if you have a health condition, are pregnant or breastfeeding, or take medication.

Physical exercise and dietary changes carry inherent risks. You participate in any program at your own risk. If you experience pain, dizziness, or any concerning symptoms, stop and seek medical attention.

6. Payments

A trainer's subscription to FitConnect Pro's digital features is charged through Stripe when purchased on the web and through Apple In-App Purchase when purchased in the iOS app. The price, billing period, and renewal terms are shown before purchase. The subscription is managed and cancelled through the channel where it was purchased.

Client payments for real-world coaching services are processed separately through Stripe Connect. The trainer is the service provider and seller, sets the price, and receives settlement in their Stripe account. FitConnect Pro acts as the technology platform and a limited payment collection agent.

For those payments, FitConnect Pro charges the trainer a platform commission of 10% of the net amount, plus applicable VAT on that commission. Stripe processing fees are separate and are also deducted from settlement. The applicable breakdown is shown to the trainer.

The trainer is responsible for their services, invoicing, and taxes on amounts received. NEXUSVIBE SL does not store full card numbers or Apple payment credentials.

• ·Provide valid and sufficient payment information.
• ·Pay all fees and charges applicable to the services you purchase.
• ·Accept that Stripe and, where applicable, Apple process payment data under their own terms and privacy policies.
• ·Accept that trainer subscriptions renew for the contracted period until cancelled through Stripe or the Apple account used for purchase.

7. Refund policy

Trainer subscriptions purchased on the web may be cancelled at any time and remain active until the end of the paid period. Unless required by applicable law, an express offer, or a billing error, partially used periods are not refunded. Consumer withdrawal rights and other non-waivable rights remain fully available.

Subscriptions purchased on iOS are billed and administered by Apple. Cancellation is made through the Apple account; refund requests are submitted at reportaproblem.apple.com, and Apple determines eligibility under its policies and applicable law.

For client-to-trainer payments, the trainer is the seller of the coaching service and their agreement with the client governs cancellations, rescheduling, and refunds. FitConnect Pro can provide technical payment support, but does not replace the trainer's obligations or limit the client's non-waivable rights.

8. Acceptable use

You agree to use the Services lawfully and in accordance with these Terms. In particular, you agree not to:

• ·Engage in any illegal or unauthorized activity.
• ·Harass, abuse, defame, or harm other users or trainers.
• ·Impersonate any person or entity.
• ·Upload unlawful or offensive content, or content that infringes third-party rights.
• ·Interfere with the operation of the Services or breach their security.
• ·Access restricted areas without authorization or by automated means.
• ·Use other users' data or content for purposes outside the coaching relationship.

9. Intellectual property

All content, trademarks, logos, software, design, and functionality of the platform are owned by NEXUSVIBE SL or its licensors and are protected by intellectual and industrial property law.

Trainers retain ownership of the plans and content they create and grant NEXUSVIBE SL a limited license to host and display them to their clients for the purpose of providing the Services.

Reproduction, distribution, or transformation of the platform's content without express authorization is prohibited.

10. Limitation of liability

The Services are provided "as is" and "as available". NEXUSVIBE SL does not warrant that the Services will be error-free or uninterrupted.

To the maximum extent permitted by law, NEXUSVIBE SL shall not be liable for indirect, incidental, special, or consequential damages, nor for damages arising from the plans, recommendations, or conduct of trainers, nor for decisions you make based on information obtained on the platform.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

11. Suspension and termination

You may stop using the Services and request deletion of your account at any time.

We may suspend or terminate your access if you breach these Terms, if your use poses a risk to the platform or other users, or where required by law. Termination does not affect amounts already accrued or obligations already in force.

12. Changes to these Terms

We may update these Terms from time to time. We will publish the revised version with a new date and give appropriate notice of material changes. Where required by law or by the nature of the change, we will request renewed express acceptance before you continue using the affected features.

13. Governing law and jurisdiction

These Terms are governed by Spanish law.

Any dispute arising from these Terms or your use of the Services shall be submitted to the courts of Madrid, Spain, unless the consumer protection rules of your country of residence provide otherwise.

14. Contact

If you have questions about these Terms, write to support@fitconnect.pro or to NEXUSVIBE SL, Avenida del Cantábrico 249, 28939 Arroyomolinos, Madrid, Spain.

For data protection matters: privacidad@fitconnect.pro.