FitterVitaal Terms and Conditions

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1: General

These terms and conditions apply to all services and products offered by Fitter Vitaal.
By using our services, you agree to these terms and conditions.
Fitter Vitaal reserves the right to modify these terms. We will communicate any changes in a timely manner.

2: Services and Responsibility

Fitter Vitaal offers the Vytal application as the core service. Optional coaching and support are tailored to the client's needs and preferences in consultation with them.
We provide guidance, tools, and guidelines; however, achieving goals depends on the client's effort and commitment.
The services are entirely voluntary and not subject to any contractual obligation. Clients can manage and cancel their membership at any time on their own.
The client is responsible for honoring scheduled coaching sessions. If the client is unable to attend, they must notify us in advance to avoid unnecessary scheduling conflicts. Appointments can be rescheduled or canceled up to 24 hours before the scheduled time. If the client misses an appointment without timely notification, the appointment will be forfeited, and no refund will be issued for the costs incurred.
In cases of force majeure, we are willing to make an exception to the above conditions, provided that the force majeure can be substantiated.
If we need to cancel an appointment, we will attempt to reschedule it at the earliest possible opportunity. If rescheduling within the same month is not feasible, the appointment will remain available for the following month. If we cancel an appointment, it will not be forfeited, and the costs incurred will not be refunded.

3: Registration Fees and Discounts

A one-time setup fee is charged for registration. Depending on the chosen membership, we may offer a discount on these fees.
Discounts only apply to the first payment/invoice and only at the start of the membership. If a client starts with the "App Only" membership and later upgrades to a "Support" option, no discount will apply.
Discounts are only available for specific memberships, namely 25% off for "Support Start" and 50% off for "Support Plus." No discounts apply to "Support Flex" and "App Only" memberships.
During our launch, we are offering the first 20 registrants a one-time waiver of the full registration fee for the aforementioned membership options where discounts apply.

4: Payments and Cancellation

Payments for the "App Only" membership must be made monthly via a standing order from the client's personal bank account.
For payments of any "Support" options, we will send an email with a payment link or a Tikkie, depending on the client's preference. This payment must be made before the first appointment of the respective month. If payment is not received, we will not finalize the appointments in the schedule, and they will be canceled. Appointments will only be confirmed after payment is received.
If payment for the "App Only" membership is not received, the membership will be automatically terminated with no further obligations from Fitter Vitaal to the client. On the first day of each month, we will check for received payments. If no payment is received for a Vytal account with the "App Only" membership, we will deactivate the membership, disabling premium features. The Vytal account will still be accessible to the client.
Clients can modify or cancel their membership at any time without notice. The cancellation takes effect on the first day of the following month. Unless special circumstances apply, no refund will be granted. Any appointments still available after cancellation due to force majeure or by us will remain available for up to one calendar month after cancellation and will then expire.

5: Use of the Vytal App

The use of the app is at the client’s own risk. Fitter Vitaal is not liable for any negative consequences arising from improper use of the app.
The client is responsible for keeping their settings in the app up to date, such as dietary preferences, allergies, and physical values. We offer support if the client is unable to make these changes themselves. It is important that we are informed of such circumstances so that we can make the necessary adjustments to the client's account.

6: Responsibility for Results

Fitter Vitaal does not guarantee specific results, as achieving goals is entirely dependent on the client's effort and consistency. It is nearly impossible for us to verify whether the client is sincerely and consistently following the guidelines. Additionally, medical conditions, medication use, or health issues may complicate or prevent visible physical results.
Results vary from person to person and depend on factors such as body type, lifestyle, and the extent to which the client follows the provided instructions. Fitter Vitaal cannot be held responsible for the failure to achieve visible results.
The advice and guidance we provide are not a substitute for medical advice. Clients with medical health concerns should consult a doctor or specialist. We will advise this when we determine such a situation is applicable. It is the client's responsibility to follow up on this. Fitter Vitaal cannot be held liable for medical issues or conditions.

7: Privacy and Data Protection

We handle personal data with care and comply with applicable privacy laws. Our privacy policy and cookie policy can be accessed via our website: www.fittervitaal.nl, at the bottom of the footer. Upon request, we can also provide these documents digitally via email. Every client must review these statements when signing up for a membership. These statements will be sent again via email with the first invoice. Fitter Vitaal cannot be held responsible for the client's lack of knowledge of these statements.
Personal data is used solely for providing and improving our services. Data will not be shared with third parties without consent, unless required by law or regulation. Consent for the use of cookies and personal data is given during the first visit to our website via the cookie banner, where clients can grant or deny this consent.

8: Liability

Fitter Vitaal is not liable for any direct or indirect damage arising from the use of the Vytal app or our advice, unless there is intent or gross negligence on our part.
Our services and advice are intended for informational and educational purposes and are not a substitute for professional medical advice. Clients with medical questions or health issues are advised to consult a qualified doctor or specialist.
Fitter Vitaal is not responsible for any consequences arising from the incorrect use of the Vytal app or failure to follow advice. The use of our services is entirely at the client's own risk.

9: Complaints and Disputes

In case of complaints, we ask the client to first contact us so that we can attempt to reach a solution together. Fitter Vitaal strives for a customer-oriented approach and values the opportunity to resolve issues through mutual consultation.
If a dispute cannot be resolved through mutual agreement, it may be submitted to an independent dispute resolution committee. For legal disputes, Dutch law applies, and disputes may be submitted to the competent court.

Additional Terms and Limitations

1: Termination and Modification of Services

Fitter Vitaal reserves the right to modify or terminate services or features at any time, without prior notice. In such cases, we will attempt to notify customers in a timely manner of any changes that affect their use of the service.

2: Indemnity

The client indemnifies Fitter Vitaal against all claims, liabilities, costs, and damages arising from or related to the use of our services, including third-party claims resulting from the improper use or misuse of the provided information and advice.

3: Intellectual Property

All content, materials, and designs provided by Fitter Vitaal, including but not limited to texts, images, and graphics, remain the property of Fitter Vitaal and may not be used or distributed without written permission.

4: Limit of Liability

Fitter Vitaal is in no event liable for any damages exceeding the amount of the membership fee paid by the client for the relevant month.

5: Force Majeure

Fitter Vitaal is not liable for any failure to fulfill its obligations if such failure is the result of force majeure. Force majeure is defined as any circumstance beyond the control of Fitter Vitaal, such as natural disasters, war, pandemics, or disruptions in networks or technologies.

6: Applicable Law and Competent Court

Dutch law exclusively applies to these terms and the relationship between Fitter Vitaal and the client. Any disputes arising from or related to these terms will be submitted to the competent court in the Netherlands.