Terms of Service

1. Who we are and what these Terms apply to

MyFitnessClient is operated by Vasco José Cardoso Correia, sole trader, with tax identification number (NIF) 262045630 and address at Rua de Campezinhos, 27, Lomba, 4600-663 Amarante, Portugal (“MyFitnessClient”, “we”). Contacts: [email protected] and +351 917 890 026 (call to a Portuguese mobile network; also via WhatsApp).

These Terms of Service (“Terms”) govern the use of the myfitnessclient.com website, the web application (including the installable/PWA version), the MyFitnessClient apps for iOS and Android and the associated services (together, the “Service”). They become binding when you create an account and accept them.

If you use the Service on behalf of a company or another entity, you represent that you have authority to bind it to these Terms.

2. Definitions

• “Professional”: anyone who creates a Professional Account to work with clients, for example a personal trainer, exercise technician (técnico de exercício físico), nutritionist, dietitian or coach
• “Client”: anyone who has a Client Account or is coached by a Professional, with or without their own account (also referred to on the platform as “trainee” or “student”)
• “Team Owner” and “Member”: the Professional who invites other professionals to their workspace, and the invited professionals
• “Visitor”: anyone who views the website, the directory or a public profile without being signed in
• “Content”: everything users create or upload, such as plans, workouts, assessments, messages, photos, files, courses and profiles
• “Marketplace” or “directory”: the public area for discovering professionals, the public profiles (/@name) and the requests and contacts initiated there
• “Professional number”: the number of the registration (cédula) with the Order of Nutritionists, or the type and number of the professional title issued by IPDJ (the Portuguese Institute for Sport and Youth), that the Professional provides on the public profile, under section 12

3. How the contract is concluded

To create an account, you fill in the registration form, choose the account type, read these Terms and the Privacy Policy and tick the relevant box, by which you accept the Terms and confirm that you have read the Privacy Policy. Until you submit, you can correct any field or go back. In the client mobile app, acceptance of the Terms is given with the create-account button, and the text next to the button states this expressly.

To subscribe to a paid plan, you choose the plan and confirm payment on Stripe's secure page, where, before paying, you see the price, taxes, billing frequency, renewal and any trial period, and can correct your details.

When you accept these Terms, we keep a record of that acceptance (version, date and method) and retain the previous versions; you can ask us for a copy of the version you accepted. These Terms can be printed or saved from this page.

The contract can be concluded in Portuguese, Brazilian Portuguese, English, Spanish, French and German. We do not subscribe to any codes of conduct.

4. The Service and its nature

MyFitnessClient is a software platform for exercise, nutrition and wellbeing professionals and their clients. Depending on the plan, it includes, among others, the following features:

• Client management, invitations, tags and clients without their own account
• Workouts, programs and exercise library
• Nutrition plans and logs, with a food database
• Supplementation plans and intake logs
• Physical assessments, check-ins, questionnaires and anamnesis
• Progress with measurements, photos and charts
• Chat and video and audio calls
• Calendar and scheduling
• Habits, forms, courses and file storage
• Payment records and online payments through the Professional's own Stripe account
• Packages and plans that the Professional sells to their clients
• Marketplace and public profiles
• Teams with members and permissions

MyFitnessClient provides software and hosting. It is not a healthcare provider nor an establishment registered with ERS (the Portuguese Health Regulatory Authority), it does not provide consultations, teleconsultations, assessments, diagnoses, treatments or training, nutritional or clinical advice, and it does not engage professionals to serve clients. Coaching, including coaching delivered by chat or video call, is provided exclusively by the Professional, in their own name and under their own responsibility.

The calculation and logging tools (for example BMI, body composition estimates, energy requirements, macronutrients and questionnaires) are intended to support the Professional in managing exercise, healthy eating and wellbeing programs. They are based on published formulas and questionnaires, are not intended to diagnose, prevent, monitor, predict, treat or alleviate disease and do not replace medical assessment. Do not use them for those purposes.

5. Accounts, age and security

• A Professional Account requires you to be 18 or older
• A Client Account requires you to be 13 or older. Under 18, only with the prior authorisation of the legal representative, who also gives consent to the processing of health data; payments by a minor are made or authorised by the legal representative. MyFitnessClient does not verify age or these authorisations; by accepting these Terms, the Client declares that they comply with them
• From 13 to 15, the Client declares, at registration or when they give their date of birth in their account, that they have that authorisation and cannot send coaching requests through the marketplace or public profiles (section 11): they can only be linked to a Professional through an invitation from that Professional
• A Professional who coaches minors obtains and keeps those authorisations and does not publish photos or data of minors on the marketplace or in any other public place
• Registration details must be true and kept up to date. The account is personal and non-transferable
• Keep your credentials confidential; we recommend enabling two-factor authentication (2FA)
• Notify us immediately if you suspect unauthorised access

You are responsible for activity carried out through your account, except for improper access not attributable to you. We may ask for proof of age or of the representative's authorisation and suspend the account until we receive it.

6. Professional Account and teams

There is a single Professional Account, with the features of the subscribed plan. Access to a module, for example the nutrition or the supplementation module, does not mean that you are qualified to use it in every case: each Professional uses only the features that their legal qualification allows (section 16).

The Team Owner may invite other professionals, assign them permissions, including access to client data, and choose which clients they can access. The Team Owner is answerable to their clients and to us for the configuration of those permissions and for the Members' actions in their workspace. Members act under the Team Owner's authority, keep confidential the client data they access and do not use it for other purposes.

A team is also the way for a personal trainer to offer nutritional coaching with a nutritionist or dietitian registered with the Order. In that case, it is the nutritionist who assesses, prescribes and monitors the client's diet and who identifies themselves to the client as the author of the plan; the personal trainer does not alter it or present it as their own. Having a nutritionist on the team does not qualify the Team Owner to perform nutrition acts. A Team Owner who assigns a Member duties that require a qualification ensures that the Member holds it.

Content that a Member creates in another Professional's workspace remains available to the Team Owner after the Member leaves, unless otherwise agreed between them.

7. Client Account

The Client Account is free. It can be created by invitation from a Professional, through the marketplace or independently. It allows you to view the plans and content assigned to you, log progress, habits and food intake, answer questionnaires and communicate with the Professional.

By accepting a connection with a Professional, the Client expressly authorises that Professional, and the team Members to whom the Professional gives access, to view and process the coaching data, including health data and records the Client made before the connection. The coaching contract, the price and the conditions are agreed between the Client and the Professional; MyFitnessClient is not a party to that contract.

Each Client Account is connected to only one Professional at a time. The Client may end the connection at any time, in the app or on the website, without having to ask the Professional; the Professional may deactivate or dissociate the Client.

When the coaching ends, at the decision of either of them, the Client keeps their account and the courses they bought and may connect with another Professional; the Client loses access to that Professional's plans and content, and the Professional no longer sees what the Client records from then on. Subscriptions to that Professional's plans paid through the platform stop renewing and end at the close of the period already paid, with no automatic refund; the refund of the unused period is arranged with the Professional, under the Professional's conditions and in accordance with the law (section 10). A course subscription continues until the Client cancels it or until the course is no longer available. If the Professional dissociates the Client, the open charges are cancelled and the conversation between them, the anamnesis, the habits, the food logs made in that Professional's plans and the assessment photos are also deleted. In other cases, what was left unpaid for the coaching remains owed to the Professional and the Client can still pay it; when it is the Client who ends the coaching, the Professional is informed of the amount. We notify the Client when the Professional ends the coaching.

8. Plans, prices and billing

Professionals access the Service through the free plan or paid plans, monthly or yearly, charged through Stripe. The following rules apply:

• The prices, limits and features of each plan are those shown on the pricing page and on the checkout page at the time of purchase. Prices are in euros; the final price, including the applicable taxes, is shown before you pay
• The subscription renews automatically at the end of each period unless cancelled
• The trial period, where one exists, applies only once per Professional; at the end, it automatically converts into a paid subscription unless cancelled
• You can cancel at any time in the subscription area; you keep the paid plan until the end of the period already paid and then move to the free plan
• Upgrading takes effect immediately and the prorated difference is charged; downgrading takes effect at the end of the current period. Add-on services (for example, the custom-branded app) are separate subscriptions, at the price shown at the time of purchase; they are only available on the plans that include them: if you no longer have one of those plans, they end at the close of the period already paid, and when the account is deleted, they end on that day
• If a payment fails, you have 7 days to settle it; after that, the account moves to the free plan. If Stripe manages to collect the payment later, the paid plan is restored until the end of the period to which the payment relates
• We may change prices with at least 30 days' notice by email. The new price only applies from the period following the effective date, and you can cancel at no cost before that date
• We issue the invoices required by tax law
• Except for the right of withdrawal (section 24), the situations provided for in these Terms or mandatory legal provisions, what you have already paid is not refunded when you cancel part-way through a period

Each plan defines usage limits, such as the number of active clients, team members and storage space, and the features included. If usage exceeds the limits, for example after downgrading, the account may be limited to read-only access until it is back within them.

Promotional codes, partner offers and free periods are subject to the conditions shown when you use them and cannot be combined, unless stated otherwise. Referral program: only Professionals on a paid plan have a code, and they may only invite people they know and who are expecting the invitation; when the invitee pays their first invoice of a positive amount, each of them receives a credit equal to the price of one month of their own plan (custom plans do not earn credit), applied to subsequent invoices; each invitee counts towards a single referrer; the credit has no cash value, is non-transferable and may be cancelled in the event of a refund, dispute, self-referral or duplicate accounts. We may change or end the program with prior notice, without withdrawing credits already awarded.

9. Data after the subscription ends and inactive accounts

After a paid subscription ends, hosted files (photos, videos and documents) are kept for at least 90 days and may then be deleted, with prior notice by email; you can export them before then (section 20). This includes the photos and files that your clients sent you up to then. The videos and files of the courses you sold are only deleted after the end of the buyers' last access guarantee (section 10); at that point, the buyers lose access and subscriptions to those courses end at the close of the period already paid. The remaining account data stays stored; modules not included in the free plan are locked, some of them available read-only, until you subscribe again to a plan that includes them.

An account with no activity at all for 12 months may enter the inactivity deletion process described in the Privacy Policy: email warnings, deactivation, with the immediate deletion of hosted files, and, after a 30-day recovery window, deletion. This does not cover accounts with an active subscription or payments in the last 12 months, nor Professionals with active clients.

10. Payments between Professional and Client and sales through the platform

The Professional may record manual payments and sell packages and recurring plans, including as a condition of entry in the invitations they send; if they connect their own Stripe account (Stripe Connect), they may also receive online payments and sell courses. The following conditions apply:

• The Stripe account belongs to the Professional, who accepts Stripe's agreement and is the seller. Each charge is made directly on the Professional's account: MyFitnessClient is not a payment institution or an electronic money institution, does not provide payment services and never receives or holds the funds
• We currently charge no commission on these payments
• The Professional authorises us to create, on their Stripe account, the payment pages and subscriptions they configure, to configure the payment methods, to cancel superseded subscriptions and to automatically refund duplicate payments, payments for sold-out places and payments that did not result in access
• The sales contract is concluded between the Client and the Professional, who is identified on the payment page; MyFitnessClient is not a party to that contract, without prejudice to the liability that the law may assign to platforms towards consumers
• Before payment, the Professional informs the Client about the service, the price, the duration, the cancellation and refund rules, the consequences of non-payment they have configured and the right of withdrawal. If they wish to start the service during the withdrawal period, they first obtain the Client's express request; for digital content, they also obtain the Client's acknowledgement that the Client loses that right
• When buying a course, the purchase page asks the Client, in two dedicated checkboxes, to accept the course's availability conditions (12 months of guaranteed access counted from the purchase, or until the end of the paid period for a subscription, even if the Professional stops paying for their plan or their account is closed; after that, for as long as the Professional has a paid plan on MyFitnessClient, until 90 days after they stop paying), and to request immediate access, acknowledging that the Client loses the right of withdrawal; the Client receives the confirmation by email and is notified by email before losing access. On the payment page for the plans and packages that the Client buys on the platform, we state the 14-day right of withdrawal and the model withdrawal form
• A Professional who sells to consumers complies with the seller's obligations regarding complaints and disputes: if established in Portugal, they have their own electronic Complaints Book (Livro de Reclamações) and inform Clients of the alternative dispute resolution bodies they are bound by. The Complaints Book and the bodies indicated in section 27 are MyFitnessClient's and do not replace the Professional's
• If paid access never opens, because the Professional does not accept the request, the request expires or is cancelled, or the Client becomes connected to another Professional in the meantime, the Professional refunds the Client in full
• For price changes to recurring plans, the Professional notifies the Client with the advance notice required by law and allows the Client to cancel before the new price applies
• The Professional issues the invoices or receipts required by law using certified invoicing software or the Portuguese Tax Portal (Portal das Finanças). The records, statuses and receipts shown on the platform, including Stripe receipts, are not tax documents
• The net amounts and fees shown on the platform are a projection based on Stripe's data; Stripe's records prevail. We do not guarantee the acceptance or the date of availability of any payment
• Fees, refunds, disputes and negative balances are handled in the Professional's Stripe account, under Stripe's agreement
• If the Professional requests deletion of their account and has Clients with periods already paid, the account is only closed on the last day of those periods, at most 3 months after the request (section 23); until then, the Professional continues to coach them, with no new clients, sales or renewals, and those Clients are notified of that date by email. When the Professional's account is closed, anyone who bought packages from them loses access to them, and anyone who bought courses from them keeps access until the end of the access guarantee (section 24). The Professional authorises us to continue making the courses they sold available to those who bought them until the end of that guarantee, even after they no longer have a paid plan or their account is closed, with no new sales; with the account closed, we keep only those courses and what they use (videos, files, workouts and plans), and we delete them when the last guarantee ends. The Professional remains responsible to those Clients for what they sold, including any refunds, and reimburses us for anything we have to pay those Clients for that reason. After the guarantees end, courses become unavailable when the Professional's files are deleted after the end of the paid plan (section 9), and subscriptions to those courses end at the close of the period already paid
• YouTube videos may not be used in courses, packages or other paid content

11. Marketplace and public profiles

This section governs the marketplace and public profiles and, on this subject, prevails over the other sections.

11.1 The public profile

The public profile is optional. The Professional can activate it, choose the username (/@name) and the visible sections, and deactivate it whenever they wish. By activating it, they authorise the public display of the profile information, including the professional numbers they provide, in the directory at myfitnessclient.com, on the /@name microsite, in the discovery area of the client app, in the sitemap and in previews of shared links. The public profile may be read, indexed and cited by search engines and by third-party artificial intelligence services, which may also use it to train their models: we do not stop them from reading public pages, and this includes the name, photo and text of the profile. The Professional can deactivate the profile at any time and we stop showing it; whatever those third parties have already collected is outside our control and we cannot delete it. When the profile is published, changed or deactivated, we normally notify Microsoft's Bing search engine, sending it only the page address; this notice does not guarantee that Bing removes it straight away, because Bing decides when to visit it again. We do not promote profiles on other channels or through affiliate programs; with the person's own permission, the home page may show some supporting professionals, with a link to their social networks.

By publishing the profile, the Professional declares that they act as a professional and that the profile information is true, including the numbers they provided, and we keep that declaration. They also guarantee that this information remains current and lawful. In particular: they do not use professional titles they do not hold, such as “nutritionist” or “dietitian” without active registration with the Order of Nutritionists; they do not promise results or cures; and they comply with the advertising rules applicable to their profession, including, for nutritionists, the health advertising regime (identification, professional registration (cédula) number and issuing body and, where applicable, registration with ERS).

11.2 Requests and contacts

A Client with an account who is 16 or older may send a coaching request; a Visitor without an account may leave a message with their contact details. A Client may only have one pending request at a time and, if a Professional declines a request, may only ask that Professional again 30 days later; an invitation from the Professional is not subject to this waiting period. Requests and messages reach the Professional on the platform; Visitors' messages are also sent by email and are kept in the Professional's account for one year. Requests made through the directory or the public profile are also sent by email, get a reminder after 3 days if still unanswered and expire after 14 days without a reply: the Client is notified and may ask again straight away, the same Professional or another. The coaching agreement is concluded between the Professional and the Client; MyFitnessClient is not a party to it and does not guarantee the response, the availability or the quality of the service. The Professional uses the contact details received only to reply to the person who sent them.

11.3 How we rank profiles

In the “Relevance” order, used by default, profiles are ranked by these parameters, from most to least important: (1) accepting new clients, so that the client first sees those who can coach them; (2) having a profile or cover photo, because it allows the professional to be identified; (3) within each group, a random daily rotation, the same throughout the same day, to spread visibility. The professional numbers provided do not influence the position. In the client app, only Professionals who accept new clients appear, together with those to whom the client has already sent a request, who appear first; those who have blocked the client are not shown.

A Visitor can sort by stated experience, most recent (by the date the profile was created) or name, and filter by text (name, biography, tagline, location and specialties), profession, specialty, format (online or in person) and place (district, autonomous region or municipality). No payment, plan or use of any other service of ours influences a profile's position. We do not sell ancillary goods or services through the marketplace, we have no profiles of our own competing with those of Professionals, and the Professional is free to offer the same services, under other conditions, through other means.

11.4 Restriction, suspension and termination

We may remove a professional number or the presentation of a profession, remove the profile from the directory, hide it or suspend the public profile where there is false or misleading information, including about qualifications; credible indications of the unlawful practice of a profession; unlawful content or content contrary to these Terms; fraud, spam or a security risk; or a legal obligation or an order from an authority. We communicate the decision and its grounds by email, with the specific facts, including the relevant content of third-party reports, before the restriction takes effect or at the time it takes effect, and the Professional may clarify the facts by replying to that email. Complete termination of the public profile is communicated, with its grounds, at least 30 days in advance, except where the law requires us to act immediately, where there is another imperative reason provided for by law or where there are repeated breaches of these Terms; in those cases, we send the grounds without delay. If we reverse the decision, we restore the previous situation without delay.

11.5 Marketplace data

We have access to the data of profiles, requests, messages and contacts to the extent necessary to provide, protect and improve the marketplace, as set out in the Privacy Policy. Each Professional has access to their own profile data and to the requests and contacts addressed to them, and does not have access to other Professionals' data or to global marketplace statistics. When the contract ends and the account is deleted, the Professional no longer has access to this data, which they can export beforehand (section 20), and we keep only what the Privacy Policy indicates. On public pages, including the directory and profiles, and only with the consent of those who visit them, we use Google Analytics, our own click and navigation log and OpenAI's and Meta's ad measurement for statistics and to measure our campaigns; this measurement is not necessary for the marketplace to work, and the Professional cannot exclude their profile from it other than by deactivating the public profile.

11.6 Complaints and supporters' wall

You can submit complaints about the marketplace to [email protected], with the subject “Complaint about the marketplace”.

Supporter badges (founder/beta) are honorary, awarded by us, and do not influence ranking. You can ask to be removed from the public supporters' wall at any time.

12. Registration and title numbers

We do not verify qualifications, either when an account is registered or on the public profile. On the public profile, the Professional may provide:

• The number of their registration (cédula) with the Order of Nutritionists, without which they are not presented as a “nutritionist” or “dietitian” in the directory or on the public profile; the profession presented follows the letter in the registration number (N for nutritionist, D for dietitian)
• The type and number of their IPDJ professional title, as an exercise technician or as a technical director (diretor técnico), which are optional; the sports coach title is not provided here
• Each number can only be associated with one profile; for the IPDJ title, the type and the number are considered together. If a number that is yours is on another profile, contact us

We show the number as the Professional provides it, with a link to the official register of the Order or of IPDJ, where anyone can check it. We do not confirm the numbers, nor the identity, qualification, competence or quality of service of any Professional; we only consult those registers manually, in a specific case, when we review a report or on our own initiative. The official register always prevails.

The Professional guarantees that each number they provide is theirs and is in force, that they use on the profile the name under which they are enrolled in that register and that they remove the number as soon as they are no longer qualified. Providing a false number or someone else's number is contrary to these Terms and may be a criminal offence: in that case, we remove the number, we may remove the profession and restrict the profile (section 11.4) and we may report the facts to the Order of Nutritionists, IPDJ or the authorities. When we receive a report, we may ask the Professional for proof and remove the number until we receive it. The absence of a number does not mean the absence of a qualification: there are valid qualifications that may not appear in these registers, such as titles issued by the Autonomous Regions, tacitly approved title applications or the qualification of professionals operating under the freedom to provide services. Not every activity or place requires the exercise technician or technical director title. We do not assume a general duty to monitor users.

13. Rules of use

You undertake not to:

• Break the law or infringe third-party rights, or publish content that is unlawful, defamatory, offensive, discriminatory or misleading
• Use professional titles you do not hold, or present yourself as qualified for acts you may not perform
• Collect, access or share client data without a legal basis, or use it for purposes other than coaching
• Record calls or consultations without the consent of all participants
• Access other people's accounts, data or systems, test vulnerabilities without authorisation or circumvent security controls and technical limits
• Use the Service for spam, phishing, malware or the mass sending of unsolicited communications, including abuse of invitations, reminders and notifications
• Overload the infrastructure or interfere with the operation of the Service
• Copy, decompile or reverse engineer the software, except where mandatory law permits it
• Resell, rent or sublicense access to the Service, or use it to create a competing product
• Create fake accounts, use fictitious identities or impersonate another person
• Extract data from the platform by automated means (scraping) without written authorisation
• Upload content that infringes copyright, trade marks or trade secrets
• Abuse promotions or the referral program, for example through self-referrals or duplicate accounts

14. Reports, moderation and point of contact

Single point of contact: [email protected], for the authorities and for the users of the Service, under Articles 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act). You can write in Portuguese or English; messages are read and answered by people.

How to report: anyone, with or without an account, can report content or a profile they consider unlawful or contrary to these Terms: a profile, through the “Report profile” form on the profile page; other content, through the reporting options available on the platform; and either of them by email to [email protected] with the subject “Report”. The report must indicate the exact address or location of the content (the form records the address of the profile), explain why you consider it unlawful or contrary to these Terms and include a statement that you are making it in good faith and that the information is accurate and complete. Your name and email address are optional, but without an email address we cannot send you the acknowledgement of receipt or the decision. If you give one, we send an acknowledgement of receipt with the case number: immediately if you use the form, or when we register the report if you send it by email; we handle the report diligently and objectively, the decision is taken by a person, without automated means, and we notify you of it together with the available means of redress. To protect third parties from mass emailing, we send at most three acknowledgements of receipt in 24 hours per address and per person reporting; further reports are still handled. We only disclose your identity to the person concerned where strictly necessary. Communications from the Order of Nutritionists, IPDJ, clients or authorities about the unlawful practice of a profession follow this procedure.

How we moderate: we do not generally monitor hosted Content. We become aware of issues through reports, orders from authorities and checks we carry out on our own initiative, in good faith. Depending on the seriousness and recurrence, and in a proportionate manner, we may remove content or disable access to it, remove a professional number or the presentation of a profession, restrict the public profile, limit features or suspend or close the account. Except for the technical limits against abuse, moderation decisions are taken by people.

Statement of reasons and review: when we restrict content or an account, we inform you by email of the measure, its grounds and the means of redress, in accordance with and subject to the exceptions in Article 17 of the Digital Services Act. You can request a free review within six months, by replying to that email or through the point of contact. You can also lodge a complaint with ANACOM, as the Digital Services Coordinator in Portugal, go to court and, if you are a consumer, use alternative dispute resolution bodies (section 27).

If we become aware of information indicating a criminal offence that threatens the life or safety of persons, we immediately inform the competent authorities. In an emergency, call 112.

15. Content and intellectual property

15.1 Your Content

The Content you create or upload remains yours or that of the respective rights holders, including moral rights. By accepting these Terms, you authorise us, on a non-exclusive, royalty-free and worldwide basis and for as long as the Content is on the platform, to host, store, reproduce, technically adapt (for example, format conversion and thumbnails), transmit and display it: (a) to you and to the people you share it with, including clients and team members; (b) to the public, when you publish it on the public profile, and on the supporters' wall (section 11.6); (c) in backups, audit logs and error reports, during the periods indicated in the Privacy Policy. We do not use your Content or the data we process on your behalf about your clients for advertising or to train artificial intelligence models (section 2 of the DPA). The authorisation ends when the Content or the account is deleted, except as regards backups, audit logs and error reports, during the respective periods, and copies that other users have lawfully received.

You guarantee that you have the necessary rights and permissions over the Content you publish, including the consent of the people who appear in photos or videos, and that it does not break the law or infringe third-party rights.

15.2 Our content and third-party content

The software, the design, the MyFitnessClient name and logo and the help content belong to us or to our licensors. The exercise library and the food catalogue combine our own content with third-party content. Open Food Facts and OpenStreetMap data are governed by the respective licences, indicated on the “Legal information” page. The product brands shown on foods belong to their owners and serve only to identify the product.

Subject to these Terms and to the subscribed plan, we grant you, for as long as the contract is in force, a limited, non-exclusive and non-transferable licence to use the Service for its intended purposes. You may not extract or reuse substantial parts of our content without written authorisation, without prejudice to the rights that the law grants to lawful users. Suggestions you send us may be used free of charge to improve the Service.

16. Health, professional competence and reserved acts

16.1 Health notice

The plans, workouts, assessments and courses available on the platform are created or chosen by Professionals and do not replace medical diagnosis, advice or treatment. Before starting an exercise program or a meal plan, talk to your doctor, and to a nutritionist about dietary matters, especially if you have any illness, take medication or are pregnant. Stop immediately and seek medical assistance if you feel pain, dizziness or any other abnormal discomfort. Physical exercise carries inherent risks.

16.2 Qualification for each act

The Professional declares and guarantees that they hold, and maintain throughout their use, the titles, memberships and registrations required by law for each act and service they create, assign or provide through the platform, and that they report immediately when any of them ceases and stop using the corresponding features. In particular:

• The Statute of the Order of Nutritionists (Law no. 51/2010, as amended by Law no. 78/2023, Article 61-A) classifies dietary and nutritional assessment, diagnosis, prescription, intervention and monitoring as acts reserved to nutritionists. These acts may only be performed by nutritionists or dietitians with current registration with the Order, or by other legally authorised persons. Unlawful use of the title or performing these acts without qualification is punishable under criminal law (Article 61(4) of the Statute and Article 358(b) of the Portuguese Criminal Code)
• Anyone who works as an exercise technician or as a technical director (diretor técnico) in sports facilities covered by Law no. 39/2012 of 28 August (gyms, fitness academies, health clubs or equivalent studios) must hold a valid professional title issued by IPDJ or by the competent services of the Autonomous Regions, or be qualified to practise under the freedom to provide services
• Anyone who works as a sports coach in a sport covered by Law no. 40/2012 must hold a valid sports coach title for that sport and level
• Dietary information and education are not reserved acts (Article 61-A(4) and (5) of the Statute). An individualised meal plan for a specific client may constitute dietary prescription or intervention, which are reserved acts; if in doubt, it should be drawn up by a nutritionist or dietitian

Making a feature available, such as the nutrition module, the food database, meal plans, macronutrient targets or the supplementation module, is not a statement by us that the Professional is qualified to use it. The Professional is solely responsible for keeping the Content they create, assign or communicate within their qualification, for validating the results of calculations and automatic suggestions before using them, for obtaining the clients' consent and, where necessary, medical authorisation, and for referring to a doctor or nutritionist any client who reveals an illness or a situation outside the Professional's competence. We do not exercise professional judgement, do not review or validate Professionals' Content and do not assume authorship of it.

16.3 Duties of health professionals

A Professional who is a health professional, such as a nutritionist, complies with the obligations specific to their activity, including, where applicable, registering the establishment with ERS (also for services provided remotely), the health advertising rules and, for remote consultations, obtaining informed consent and keeping clinical records.

16.4 Supplementation and anti-doping

The supplementation module is used to record, organise, communicate and monitor the supplementation indicated by the Professional. It does not recommend supplements, does not check their composition, purity, legality, safety or efficacy and does not replace medical or nutritional assessment or the consultation of anti-doping rules. Supplements may contain undeclared or contaminated substances; no warning, classification or absence of an alert on the platform guarantees that a supplement is safe or permitted.

An athlete subject to anti-doping rules is responsible for any prohibited substance found in their samples and for the use of prohibited methods, under Article 8 of Law no. 81/2021, as amended, and must, together with their support personnel, consult the list of prohibited substances and the official sources of ADoP (the Portuguese Anti-Doping Authority), WADA and the competent federation before using any product. Technical directors and exercise technicians have a legal duty to cooperate in the fight against doping, and in fitness sports facilities it is prohibited to recommend or sell prohibited substances or methods (Law no. 39/2012, Articles 6, 7 and 18).

17. Data protection

As regards the client data that the Professional manages in the Service (including health data), the Professional is the controller and MyFitnessClient is the processor, under Article 28 of the GDPR and the Data Processing Agreement (DPA), which forms an integral part of these Terms. For other processing, we are the controller, as set out in the Privacy Policy.

The Professional's obligations as controller, including the legal basis for health data, and the limits on our team's access to client data are set out in sections 5 and 12 of the DPA.

18. Mobile apps and third-party services

The iOS and Android apps are free and may be updated automatically, including through remote updates; we may require a minimum version to continue using the Service. Apple and Google are not parties to these Terms, do not provide support for the Service and are not liable for it; questions and complaints about the apps should be addressed to us. The licence to use the iOS app is governed by Apple's standard licence agreement and the Service is governed by these Terms, which prevail in the event of any conflict, to the extent that agreement allows and without prejudice to mandatory rules. Online payments to the Professional are made through Stripe, outside the app stores.

The Service integrates third-party services, such as Stripe (payments), Google (sign-in, Google Calendar and YouTube videos), Apple (sign-in), Vimeo, Open Food Facts, OpenStreetMap and Klipy (GIFs). Some integrations require voluntary activation and are subject to the terms of the respective providers; when you watch YouTube videos, you are subject to the YouTube Terms of Service (youtube.com/t/terms). We are not liable for third-party services and do not guarantee their continued availability, and we may change or discontinue integrations, giving reasonable advance notice when the change is significant.

19. Availability, changes to the Service and security

We work to keep the Service available and secure, but we do not guarantee uninterrupted availability: maintenance, updates and unforeseen failures may occur.

We may improve, change or discontinue features. When we significantly reduce the features or limits of a paid plan, we notify you by email at least 30 days in advance, or as soon as possible if the reduction is imposed by third parties or by law, and you can cancel with a refund of the proportional part of the period paid. Features identified as experimental (beta) may change or be withdrawn at any time, with notice on the platform.

You can report security vulnerabilities to [email protected], with the subject “Security”. We ask that you do not disclose them before we fix them. Where the law requires it, we inform affected users and the authorities of serious incidents or exploited vulnerabilities and of the measures to be taken.

20. Data export and switching provider

You can request at any time, free of charge: the export of your data and your clients' data, the transfer to another provider or to your own systems, or the deletion of the data. Send the request to [email protected]; the process begins no later than two months after the request. Requests concerning your personal data, including deletion of the account, follow the time limits set out in the Privacy Policy. The application's database and servers are in Germany, subject to German and European Union law; the other providers and the countries where they operate are listed in the Privacy Policy (sections 5.1 and 6).

We deliver exportable data in a structured, commonly used and machine-readable format (JSON or CSV) and files in the format in which we store them: clients and their data, tags, training, nutrition and supplementation plans, your own exercises and foods, assessments, measurements, photos and files, questionnaires and answers, messages and attachments, calendar, habits, courses, forms, packages and plans you sell, payment records, public profile (including gallery and frequently asked questions), requests and contacts received on the marketplace, and team members and permissions. The platform software, the system exercise and food libraries and the internal security logs are not exportable.

During a transition period of up to 30 days, we maintain the Service, provide reasonable assistance to you and to anyone you authorise, with the information needed for your exit, inform you of known risks to the continuity of the Service and protect the data during the transfer. If that period is technically unfeasible, we notify you within 14 working days, with the justification, and indicate an alternative period of no more than seven months. You can extend the transition period once. After the transition, you can retrieve the data for at least 30 days; we then delete it, except what the law requires us to keep. The contract ends, and we notify you by email, when the switch is completed or, if you requested deletion only, at the end of the notice period.

21. Liability

The Service is provided with reasonable care and diligence, with no warranties other than those imposed by law. We are not liable for what falls to others: the workouts, plans, assessments and advice created by Professionals and the services they provide (sections 4 and 16), the relationship and payments between Professionals and Clients (section 10), users' Content and the third-party services you connect to your account (section 18), except to the extent that the damage results from our own act.

As regards users contracting as professionals, we are not liable for indirect damage, loss of profits, loss of opportunities or reputational damage, and our total liability, for all events in a 12-month period, is limited to the greater of the following amounts: the amount you paid us in that period or €100.

This exclusion and this limit do not apply: (a) to damage caused to life, physical or moral integrity or health; (b) to non-contractual liability; (c) to wilful misconduct or gross negligence, whether ours or that of those who assist us; (d) to the rights of data subjects provided for in Article 82 of the GDPR; (e) to the producer's liability for defective products. Towards those contracting as consumers, our liability is governed by law, and the Service is covered by the legal guarantee of conformity for digital content and services (Decree-Law no. 84/2021) throughout the period in which we supply it to you. Nothing in these Terms excludes rights that the law does not allow to be excluded.

22. Indemnity

The Professional indemnifies us for the losses and reasonable expenses, including lawyers' fees, that we have to bear as a result of third-party claims (in particular from clients, the Order of Nutritionists, IPDJ, ASAE or other authorities) arising, through the Professional's fault, from: (i) breach of these Terms; (ii) the Content they publish; (iii) infringement of third-party rights, including in data protection; (iv) the services they provide to their clients; or (v) acts performed outside their legal qualification. This includes, to the extent permitted by law, fines imposed on us for those facts. We notify the Professional of the claim without delay and do not settle it without consulting them. This section does not apply to the extent that the loss results from our own act, nor to users contracting as consumers.

23. Term, suspension and termination

These Terms remain in force for an indefinite period, for as long as you have an account.

By you: you can stop using the Service, cancel the subscription (section 8) and request deletion of the account at any time, in accordance with the Privacy Policy and the account deletion page. If you are a Professional and have Clients with periods already paid, the account stays in the process of closing until the last day of those periods, at most 3 months after the request: you continue to coach those Clients, but you cannot take on new clients or make sales or renewals, and you can withdraw the request until that date. Deleting the account or ending coaching does not erase what a Client owes a Professional for the coaching.

By us: we may suspend or close an account, with immediate effect, in the event of a serious or repeated breach of these Terms, fraud, a risk to the security of other users or of the Service, a legal obligation or an order from an authority, and suspend it in the cases set out in section 5. In other cases, we notify you by email at least 30 days in advance and state the reasons. When the closure is not due to your fault, we refund the proportional part of the period already paid. The public profile is also subject to section 11.4.

When the contract ends, the licence of use ends. Clauses which, by their nature, should survive (intellectual property, liability, indemnity and applicable law) remain in force. You can request an export of your data before deleting the account; if we are the ones who close it, you can make that request within the following 30 days (section 20).

24. Right of withdrawal (consumers)

If you take out a paid plan or an add-on service as a consumer, you can withdraw from the contract within 14 days of entering into it, without giving any reason and at no cost, by means of an unequivocal statement, for example by email to [email protected] or by letter to our address; you may use the model below. We refund all payments within 14 days of receiving your statement, using the same means of payment. The trial period counts towards the withdrawal period. The Client Account, which is free, can be deleted at any time, at no cost and without giving a reason (section 23).

If you expressly request that the service begins during the withdrawal period, you pay only the amount proportional to what has been provided until you notify us of the withdrawal.

Model withdrawal form: “To: Vasco José Cardoso Correia (MyFitnessClient), Rua de Campezinhos, 27, Lomba, 4600-663 Amarante, Portugal, [email protected]. I hereby give notice that I withdraw from my contract for the provision of the MyFitnessClient service [plan], concluded on [date]. Name: […]. Address: […]. Account email: […]. Signature (only if you send it on paper): […]. Date: […].”

Purchases made from a Professional (packages, plans, courses) are contracts with that Professional, who informs the Client about the applicable right of withdrawal (section 10). A course has 12 months of guaranteed access counted from the purchase (for a subscription, until the end of the paid period), even if the Professional stops paying for their plan or their account is closed; after that, it remains available for as long as the Professional has a paid plan on MyFitnessClient, until 90 days after they stop paying, as the Client accepts when buying it, and the Client is notified by email before losing access. If the Professional requests deletion of their account, the Client continues to be coached until the end of the period they have already paid for, at most 3 months after the request, and is notified of that date by email. When the Professional's account is closed, you lose access to the packages you bought from them, and to the courses at the end of the guarantee, and you may ask the Professional for a refund, without prejudice to the rights that the law may also grant you against MyFitnessClient, in particular with regard to courses and other digital content.

25. Changes to these Terms

We may change these Terms for valid reasons: legal or regulatory changes or decisions by authorities; security; a change of essential providers; new features or changes to existing ones; or clarification and correction of errors without reducing rights. We do not change the Terms with retroactive effect.

We notify you of each change by email at least 15 days in advance, stating what is changing and the date on which it takes effect. Until that date, you can terminate the contract at no cost, with a refund of the proportional part of the period already paid. If you are a consumer and the change negatively affects your access to or use of the Service, you can also terminate it free of charge within 30 days of the notice or of the change, whichever is later. Changes imposed by law within a period that does not allow for this notice, or changes necessary to respond to unforeseen and imminent risks of fraud, malicious software or security, may apply immediately, with notice.

26. Force majeure

Neither party is liable for non-performance caused by an unforeseeable or unavoidable event, beyond its reasonable control and whose effects could not have been avoided with adequate security and continuity measures, such as disasters, general power or telecommunications failures, acts of authorities, war or pandemic; cyberattacks and supplier failures only count when they meet these requirements. The affected party notifies the other as soon as possible. During that period, the affected obligations are suspended and no charge is made for the time without service; if the impediment lasts more than 30 days, either party may terminate the contract, with a refund of what was paid and not provided. This clause does not set aside data protection obligations.

27. Applicable law, complaints and disputes

These Terms are governed by Portuguese law. If you are a consumer, you retain the protection of the mandatory rules of the country of your habitual residence and may bring proceedings in the courts of your domicile. If you contract as a professional domiciled outside Portugal, the Portuguese courts have jurisdiction; between professionals domiciled in Portugal, the statutory rules on jurisdiction apply.

To complain about MyFitnessClient's Service, you can use the electronic Complaints Book (Livro de Reclamações), at www.livroreclamacoes.pt. In the event of a consumer dispute, you can use an alternative dispute resolution body: TRIAVE, the consumer arbitration centre for the Ave, Tâmega and Sousa region (Centro de Arbitragem de Conflitos de Consumo do Ave, Tâmega e Sousa, www.triave.pt), which covers the area of our registered address in Amarante, or the consumer arbitration centre for your area of residence, listed on the Consumer Portal (www.consumidor.gov.pt). Consumer disputes of up to €5,000 are subject to mandatory arbitration when the consumer chooses it. We recommend that you contact us first, so that we can try to find a solution. Complaints about a Professional's service are addressed to that Professional (section 10).

28. General provisions

• These Terms, the Data Processing Agreement (DPA) and the conditions presented at the time of purchase form the contract; the Privacy Policy and the Cookie Policy explain how we process personal data
• We send contractual communications to the account email address, which you must keep up to date
• The invalidity of any clause does not affect the others, and failure to exercise a right does not mean a waiver of it
• You may not assign your contractual position without our agreement. We assign ours only with your agreement. If the operation of MyFitnessClient passes to a company controlled by Vasco José Cardoso Correia, without reducing the safeguards of these Terms, we ask you for that agreement by email 30 days in advance, and you can terminate the contract before the assignment, with a refund of the proportional part of the period paid
• In the event of any discrepancy between the language versions (section 3), the Portuguese version, which is the original, prevails, unless the version in the language in which a consumer contracted is more favourable to that consumer