Terms and Conditions

Tletify – Fitness Platform

Last updated: January 2025

§ 1 Scope of Application and Contracting Parties

  1. These Terms and Conditions (hereinafter "Terms") govern the use of the fitness platform "Tletify" (hereinafter "Platform"), which is available as a web application and as a mobile application for Android and iOS.
  2. The provider of the Platform is VDX Solutions srl, Mureda 105 D2, 39046 St. Ulrich, Italy, VAT ID: IT03260820216, Email: info@tletify.com (hereinafter "Provider").
  3. The Platform is intended for both consumers and businesses. Businesses have the option to provide company data for invoicing during registration.
  4. By registering and using the Platform, the user accepts these Terms. Deviating conditions of the user will not be recognized unless the Provider expressly agrees to them in writing.

§ 2 Description of Services

  1. The Tletify Platform offers the following functions and services: creation and management of training plans, management and creation of custom exercises, analysis and planning of training sessions, injury management with documentation and reports, live chat function for communication between users, management of groups and teams, and recording and evaluation of body and condition data.
  2. The mobile application (App) for Android and iOS offers a reduced set of features but allows access to training plans and the receipt of push notifications.
  3. The Provider reserves the right to expand, modify, or restrict the functionality of the Platform at any time, provided this is reasonable for the user and does not impair the essential contractual purposes.

§ 3 Registration and User Account

3.1 Requirements

  1. The use of the Platform requires registration with the creation of a personal user account.
  2. A tiered minimum age applies for registration:
    1. Under 14 years: Registration is not possible.
    2. From 14 years: Registration with limited functionality (Basic Account). The Basic Account includes the use of training plans, execution of exercises, chat function, and basic profile information.
    3. From 16 years: Full access to all features, including recording of body data (weight, height, muscle circumference), injury management, condition data (fatigue, fitness level), as well as synchronization with fitness watches and health analyses.
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  3. The age restrictions serve to protect personal data in accordance with the General Data Protection Regulation (GDPR). Health-related data are considered a special category of personal data and require an increased capacity to consent.

3.2 Registration Process

  1. The user is obligated to provide truthful and complete information during registration.
  2. The access data (email address and password) must be treated confidentially by the user and protected from third-party access.
  3. The user is responsible for all activities that occur under their user account. In case of suspected misuse, the Provider must be informed immediately.
  4. There is no entitlement to the conclusion of a usage contract. The Provider reserves the right to reject registrations without giving reasons.

§ 4 User Types and Permissions

  1. The Platform distinguishes the following user types:
    1. Athlete: Individual who uses the Platform for their own training planning and documentation.
    2. Coach: User who assists other athletes, creates training plans, and tracks their progress.
    3. Group Administrator: User who manages groups or teams and coordinates multiple coaches and athletes.
  2. Group administrators have extended rights, including the ability to create and delete user accounts within their group and to change access data.
  3. Coaches may receive discounts on future subscriptions or extensions as part of a referral program. There is no entitlement to cash payment or monetary compensation.

§ 5 Free Trial Period

  1. New users receive a free trial period of 30 days upon first registration.
  2. During the trial period, all features of the selected subscription type are available without restrictions.
  3. The trial period is granted only once per person and per email address. Multiple use through re-registration is not permitted.
  4. After the trial period expires, access ends automatically unless a paid subscription has been purchased. There is no automatic conversion to a paid subscription without the user's explicit consent.

§ 6 Subscriptions and Prices

6.1 Subscription Models

  • The Platform offers subscriptions with the following durations: monthly (1 month) and annually (12 months).
  • The current prices are available on the Platform and are presented transparently before the contract is concluded.
  • All prices include the statutory value-added tax unless otherwise stated.

    • 6.2 Payment Terms

  • Payment is made in advance for the respective billing period.
  • The payment methods available are those offered on the Platform (e.g., credit card, SEPA direct debit).
  • In case of payment default, the Provider is entitled to block access to the Platform until the outstanding amounts have been settled.

    • 6.3 Automatic Renewal

  • Subscriptions are automatically renewed for the originally selected duration unless the user cancels the subscription before the current period expires.
  • Automatic renewal only occurs if the stored payment method is valid and the payment can be processed successfully.
  • The user is informed by email about the upcoming charge before each automatic renewal.

    • § 7 Cancellation

    1. The user may cancel their subscription at any time. The cancellation becomes effective at the end of the current billing period.
    2. Cancellation can be made through the account settings on the Platform or by email to info@tletify.com.
    3. After effective cancellation, access remains until the end of the paid period. There is no refund of amounts already paid for the current period.
    4. The Provider is entitled to terminate the contractual relationship without notice for good cause, particularly in case of serious violations of these Terms.
    5. After termination of the contractual relationship, user data will be handled in accordance with the statutory retention periods and the privacy policy.

    § 8 Right of Withdrawal for Consumers

    8.1 Withdrawal Instructions

  • Consumers have the right to withdraw from this contract within fourteen days without giving any reason.
  • The withdrawal period is fourteen days from the date of conclusion of the contract.
  • To exercise the right of withdrawal, the user must inform the Provider (VDX Solutions srl, Mureda 105 D2, 39046 St. Ulrich, Italy, Email: info@tletify.com) of their decision to withdraw from this contract by means of a clear statement (e.g., by email).
  • To meet the withdrawal deadline, it is sufficient for the communication concerning the exercise of the right of withdrawal to be sent before the withdrawal period expires.

    • 8.2 Consequences of Withdrawal

  • In case of effective withdrawal, the payments received will be refunded immediately and at the latest within fourteen days from the day on which the notification of withdrawal was received.
  • For the refund, the same payment method used for the original transaction will be used unless expressly agreed otherwise.

    • 8.3 Early Expiration of the Right of Withdrawal

  • The right of withdrawal expires for contracts for the supply of digital content not supplied on a tangible medium if the Provider has begun the execution of the contract after the consumer has expressly consented to the Provider beginning the execution of the contract before the expiry of the withdrawal period, and the consumer has confirmed their knowledge that by giving consent they lose their right of withdrawal upon commencement of the execution of the contract.
  • The user is informed of this circumstance during the registration process and must expressly consent to the early commencement of service provision and the associated loss of the right of withdrawal.

    • § 9 Terms of Use and User Obligations

    1. The user undertakes to use the Platform only for its intended purposes and not to perform any unlawful actions.
    2. The user is particularly prohibited from:
      1. distributing unlawful, offensive, defamatory, or pornographic content;
      2. violating the rights of third parties, particularly copyrights, trademark rights, or personal rights;
      3. using the Platform for unauthorized advertising or spam;
      4. attempting to circumvent or compromise the security of the Platform;
      5. sharing access data with third parties or using third-party access data.
    3. In case of violations of these terms of use, the Provider is entitled to temporarily suspend or permanently delete the user account.

    § 10 User-Generated Content

    1. The user may upload their own content to the Platform, including profile pictures, training reports, body data, injury documentation, and self-created exercises.
    2. The user warrants that they have all necessary rights to the uploaded content and that it does not infringe the rights of third parties.
    3. The user grants the Provider a non-exclusive, free-of-charge right to store, process, and make the uploaded content accessible to other authorized users (e.g., the assigned coach or group administrator) within the Platform.
    4. The Provider is not obligated to monitor user-generated content but reserves the right to remove content that is unlawful or violates these Terms.

    § 11 Data Protection

    1. The Provider processes personal data of the user in accordance with the provisions of the General Data Protection Regulation (GDPR) and Italian data protection law.
    2. Details on the collection, processing, and use of personal data are set out in the separate privacy policy, available at https://tletify.com/privacy.
    3. Health-related data (body data, injury information, condition data, fitness watch data) are treated as a special category of personal data and are only processed with the user's explicit consent.
    4. The user has the right to access, rectify, delete, and restrict the processing of their data, as well as the right to data portability.

    § 12 Liability

    1. The Provider is liable without limitation for damages arising from injury to life, body, or health caused by a negligent or intentional breach of duty by the Provider or its legal representatives or vicarious agents.
    2. For other damages, the Provider is only liable for intent and gross negligence, as well as for culpable breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user may regularly rely.
    3. In case of slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable, contract-typical damage.
    4. The Platform provides tools for training planning and documentation. The Provider assumes no liability for health damages resulting from the execution of training exercises. The use of the Platform does not replace professional medical or sports advice.
    5. The Provider is not liable for the accuracy, completeness, or timeliness of content uploaded by users.

    § 13 Availability and Technical Requirements

    1. The Provider strives to ensure the highest possible availability of the Platform. There is no entitlement to uninterrupted availability.
    2. Maintenance work, technical disruptions, or force majeure may lead to temporary restrictions.
    3. The user is responsible for providing the necessary technical requirements (internet connection, compatible devices, up-to-date browser).

    § 14 Changes to the Terms

    1. The Provider reserves the right to change these Terms with effect for the future, provided this is necessary for objective reasons and the user is not unreasonably disadvantaged thereby.
    2. The user will be informed of changes by email at least 30 days before they take effect.
    3. If the user does not object to the changes within 30 days of receiving the change notification, the amended Terms are deemed accepted. The user will be informed of this legal consequence in the change notification.
    4. In case of objection, the Provider is entitled to terminate the contractual relationship with ordinary notice at the time the changes take effect.

    § 15 Final Provisions

    1. The law of the Italian Republic applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers residing in the EU, mandatory consumer protection provisions of the country of residence remain unaffected.
    2. The place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent permitted by law, the registered office of the Provider.
    3. The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr. The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
    4. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.
    5. Communication between the Provider and user takes place in German, Italian, or English.

    Contact

    1. VDX Solutions Srl
      Mureda str. 105D
      I-39046 Ortisei (BZ)
      E-mail: info@tletify.com
      www.tletify.com
      VAT-ID: IT03260820216

      2. * * *

      Last updated: January 2025