Terms of Service

1. Acceptance of the Terms

These Terms of Service ("Terms") are a legally binding agreement between you and MyFitnessClient — a platform 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"), contact [email protected]. They apply to the myfitnessclient.com website, the web application (including the installable/PWA version) and all associated services (together, the "Service").

By creating an account, accessing or using the Service, you confirm that you have read, understood and accept these Terms and the Privacy Policy. If you do not agree, do not use the Service. If you use the Service on behalf of a company, you represent that you have authority to bind it to these Terms.

2. The Service

MyFitnessClient is a management platform for fitness professionals and their clients, including, among others, the following features:

Client management with profiles, tags and invitations
Workout and program creation and assignment, with an exercise library
Nutrition plans and logs, with a food database and macronutrient tracking
Real-time chat (text, files, audio and GIFs) and video/audio calls
Physical assessments, check-ins and health questionnaires (anamnesis)
Progress tracking with measurements, photos and charts
Recording of professional-client payments, with reminders
Calendar and scheduling, with optional Google Calendar sync
Courses with video lessons
Habit tracking
Custom forms, including forms shareable via link
Marketplace and public microsites for discovering professionals
Teams with members and configurable permissions
Cloud file storage
PDF report export
Push, email and in-app notifications
Referral program, subject to the conditions presented on the platform

The availability of some features depends on the subscribed plan (see section 6).

3. Eligibility and Account Security

To use the Service you must:

Be at least 18 years old to use the platform, or the higher minimum legal age applicable in your country
Provide truthful, complete and up-to-date information when registering, and keep it updated
Keep your credentials confidential and secure — we recommend enabling two-factor authentication (2FA)
Use a personal, non-transferable account
Notify us immediately if you suspect unauthorised access to your account

You are responsible for all activity carried out through your account. We may refuse registrations and suspend or terminate accounts that violate these Terms (see section 18).

4. Account Types and Teams

4.1 Professional Account

Intended for personal trainers, nutritionists, coaches and other fitness professionals. It provides access to the management features, according to the subscribed plan. Professionals may invite other professionals to their team and assign them granular permissions, including access to client data. The team owner is responsible for configuring and reviewing those permissions and for the members' actions within their workspace.

4.2 Client Account

Intended for professionals' clients and free of charge. It can be created via the professional's invitation (code or link), through the marketplace, or independently. It allows viewing assigned workouts and plans, logging progress and habits, answering questionnaires and communicating with the professional. By accepting a connection with a professional, the client authorises that professional — and their team, where applicable — to access the data shared in the context of coaching.

5. Subscriptions, Trial Period and Billing

Professionals access the Service through monthly or yearly subscription plans, processed by Stripe:

The prices, limits and features of each plan are those presented on the platform at the time of purchase, in euros (€); applicable taxes are shown during checkout
Subscriptions renew automatically at the end of each period unless cancelled beforehand
Where a trial period exists, it applies once per professional; at the end it automatically converts into a paid subscription unless cancelled — we notify you by email before the first charge
You can cancel at any time in the subscription area (Stripe portal), keeping paid access until the end of the period already paid; afterwards, the account automatically moves to the free plan
If a payment fails, there is a 7-day grace period to resolve it; if the failure persists, the account moves to the free plan
We may change prices with at least 30 days' notice, applying only to subsequent periods
We issue invoices for subscription amounts; for an invoice with a tax number, enter your fiscal details on the platform

Except for the right of withdrawal (section 18.1) or where mandatory law provides otherwise, amounts already paid are not refunded if you cancel mid-way through a billing period.

6. Plans, Limits and the Free Plan

Each plan defines usage limits — notably the number of active clients, team members and storage space — and the set of available features (for example: courses, forms, audio messages, PDF export, custom branding and marketplace presence). Your plan's limits are shown on the subscription page.

If your usage exceeds your plan's limits (for example, after a downgrade), the account may be temporarily limited to read-only operations until it is back within the limits. The free plan has reduced features and limits, which we may adjust over time — we will notify you when a change is significant.

7. Data after Subscription End and Inactive Accounts

After a paid subscription ends, hosted files (photos, videos and documents) are kept for 90 days, during which we send email warnings; after that period they are permanently deleted. The remaining account data stays accessible on the free plan or upon reactivating a subscription.

Accounts with no activity for 12 months enter the inactivity deletion process described in the Privacy Policy (email warnings, deactivation and, after a 30-day recovery window, permanent anonymisation). Accounts with an active subscription and professionals with active clients are excluded.

8. Payments between Professional and Client

Important: MyFitnessClient does not process, intermediate or hold amounts owed by clients to professionals. The payments feature is a management record:

The professional records amounts, dates and payment statuses; the client can confirm payments made (for example: cash, bank transfer, MB WAY, Multibanco, card)
Actual collection happens outside the platform, through the means agreed between professional and client
The professional is solely responsible for the commercial relationship with their clients, including pricing, collection, invoicing and tax obligations
Any disputes regarding these payments are resolved between professional and client — we are not a party to that relationship

9. Acceptable Use

By using MyFitnessClient, you agree NOT to:

Violate applicable laws or third-party rights
Publish or share illegal, defamatory, offensive, discriminatory or harmful content
Access, collect or share client data without an adequate legal basis and consent
Attempt to access other people's accounts, data or systems, probe vulnerabilities, or circumvent security controls and technical limits
Use the Service for spam, phishing, malware or mass unsolicited communications, including abuse of invitations, reminders and notifications
Interfere with the operation of the platform or overload the infrastructure
Copy, decompile or reverse engineer the software
Resell, rent or sublicense access to the Service
Create fake accounts, use fictitious identities or impersonate others
Collect data from the platform in an automated way (scraping) without written authorisation
Upload content that infringes copyright, trademarks or trade secrets
Abuse the referral program or promotions (for example, self-referrals or duplicate accounts)

Violating these rules may lead to content removal, account suspension or termination and, where applicable, reporting to the competent authorities. Abusive content can be reported through the platform's reporting tools or by email.

Any person — including clients, professional bodies or authorities — may report to us, in a substantiated manner and through support, suspected unlawful practice of a profession or conduct outside the legal competence of a User. Once a sufficiently precise report is received, we will review it and, where warranted, remove the content or suspend the account with appropriate promptness. We further reserve the right to suspend or close accounts in the face of credible evidence of unlawful practice of a profession, without this constituting any duty of prior monitoring or of verifying credentials.

10. Content and Intellectual Property

10.1 Your Content

The content you create or upload (workouts, plans, courses, forms, messages, photos and files) is yours. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, transmit and display that content, to the extent necessary to operate, protect and improve the Service — including backups and delivery through a CDN. The licence ends when the content or the account is deleted, except for backup copies during their retention period and content shared with other users while they retain legitimate access.

You warrant that you hold the necessary rights and authorisations over the content you publish and that it does not violate the law or third-party rights. We may remove content that violates these Terms or the law.

10.2 Our Content

The platform, brand, logos, software, exercise library, system food database and help content belong to MyFitnessClient or its licensors and are protected by intellectual property rights. Copying, modifying or distributing them without written authorisation is not permitted. Feedback and suggestions you send us may be used to improve the Service, with no obligation of compensation.

10.3 Service Use Licence

Subject to your compliance with these Terms and to the plan you have subscribed to, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service, solely for its intended purposes. This licence transmits no ownership rights over the platform and ends upon suspension or closure of the account. The restrictions in section 9 apply, in particular the prohibition on copying, decompiling or reverse engineering the software, on reselling, renting or sublicensing it, and on using it to create a competing product or service.

11. Marketplace, Public Profiles and Supporters Wall

Marketplace presence and the public microsite are optional and controlled by the professional, including which sections are visible. By enabling them, the professional authorises the public display of their profile information (name, photo, bio, specialties, certifications, gallery, public contacts and other chosen sections) and its indexing by search engines.

The professional warrants that the published information — including certifications and qualifications — is truthful and current. MyFitnessClient does not independently verify professional credentials nor guarantee the quality of the advertised services; choosing a professional is the responsibility of whoever hires them. We may suspend or remove public profiles that violate these Terms.

Supporter badges (founder/beta) are honorary and assigned by us. The public supporters wall displays name, photo and badge, linking to the microsite only when it is public.

MyFitnessClient provides a generic and technically neutral software tool: it does not give medical, nutritional or training advice, does not verify or confirm professionals' titles or registrations, and does not review, validate or endorse any content created by Users, which is the sole authorship and responsibility of whoever creates it. MyFitnessClient's liability for content stored at the request of Users is governed by the regime for intermediary providers of hosting services laid down in Regulation (EU) 2022/2065 (Digital Services Act) and in the national rules implementing it, namely Law No. 12-A/2026 of 15 April, which amended Decree-Law No. 7/2004.

12. Data Protection (GDPR)

Regarding client data managed by professionals, the professional acts as data controller and MyFitnessClient as data processor, under Article 28 GDPR. In that capacity, we commit to:

Processing that data only within the operation of the Service and under the professional's documented instructions
Ensuring the confidentiality of the persons authorised to process the data
Applying the technical and organisational security measures described in the Privacy Policy
Engaging only the sub-processors identified in the Privacy Policy, keeping that list up to date
Assisting the professional, to a reasonable extent, in responding to data subject requests and meeting security obligations
Deleting or returning the data at the end of the relationship, without prejudice to legal retention periods

The professional is responsible for ensuring a valid legal basis — including explicit consent where required — for collecting and processing their clients' data, particularly health data, and for responding to data subject requests regarding the data they manage. For processing where we are the controller (accounts, billing, security and the website), our Privacy Policy applies.

The commitments set out in this section are detailed in our Data Processing Agreement (DPA), which forms an integral part of these Terms.

13. Health Disclaimer and Professional Competence

MyFitnessClient does not provide medical advice. The content made available on the platform — including workouts, nutrition plans, assessments and courses — is created by professionals and does not replace medical diagnosis, advice or treatment.

Before starting any exercise program or eating plan, consult a doctor, especially if you have pre-existing health conditions or are pregnant. Stop exercising immediately and seek medical assistance if you feel pain, dizziness or other abnormal discomfort. Physical exercise carries inherent risks, which you assume when following the plans assigned to you.

13.1 Professional Qualification Warranty

When creating or using a professional account, the User declares and warrants that they hold, and keep valid throughout the entire period of use of the Service, all titles, qualifications, professional-body registrations and licences legally required for each act and service they create, assign or provide through the platform. In particular: (a) they hold active registration with the Ordem dos Nutricionistas whenever they carry out any individualised dietary and nutritional assessment, diagnosis, prescription, intervention or monitoring (including personalised eating plans); and (b) they hold the professional title of Técnico de Exercício Físico or of Diretor Técnico issued by the IPDJ whenever they perform functions of prescribing or guiding physical exercise that depend on it. The User undertakes to notify us immediately of the cessation or lapse of any of those qualifications and to stop using the corresponding features.

13.2 Acknowledgement of the Scope of Practice

The User acknowledges and accepts that, under Portuguese law, individualised dietary and nutritional assessment, diagnosis, prescription, intervention and monitoring constitute acts reserved exclusively to nutritionists with active registration with the Ordem dos Nutricionistas, and that performing such acts without the required qualification may constitute the crime of usurpation of functions (Article 358 of the Portuguese Penal Code) and an administrative offence. The User also acknowledges that the mere availability of a feature on the platform — in particular the nutrition module, the food database, the eating plans and macros, or the training module — does not constitute any statement, warranty or confirmation by MyFitnessClient that they are legally qualified to use it.

13.3 Sole Responsibility for Legal Competence

The User is solely and exclusively responsible for ensuring that all content they create, assign or communicate through the platform — including workouts, programs, eating plans, macronutrient targets, recommendations and advice — remains within the limits of their legal competence and qualification, and for not using any feature for purposes that exceed that qualification. They are also solely responsible for obtaining the required medical consents and authorisations from their clients. MyFitnessClient exercises no professional judgement, does not monitor, review, validate, endorse or assume the authorship of any content created by the User; the entire professional relationship with clients and all advice are the User's sole responsibility.

14. Third-Party Services

The Service integrates third-party services — for example, payments (Stripe), sign-in and calendar sync (Google), embedded videos (YouTube/Vimeo), food search (Open Food Facts), GIF search and location search. Use of those services may be subject to the respective providers' terms, and some integrations require your voluntary activation.

We are not responsible for third-party services and do not guarantee their continuous availability. We may change or discontinue integrations when necessary, aiming to give reasonable notice when the change is significant.

15. Availability and Changes to the Service

We work to keep the Service available and secure, but it is provided without a guarantee of uninterrupted availability: scheduled maintenance, updates and unforeseen failures may occur. We recommend periodically exporting the information you need.

We may modify, add or discontinue features. When a change significantly reduces essential features of a paid plan, we will give reasonable advance notice. Features in an experimental (beta) phase may be changed or removed without notice.

16. Limitation of Liability

To the maximum extent permitted by law:

The Service is provided "as is" and "as available", without warranties beyond those required by law
We are not liable for injuries, health problems or damages resulting from workouts, plans or advice created by professionals
We are not liable for the relationship between professionals and clients, including payments between them
We are not liable for indirect damages, loss of profits, loss of opportunities or reputational damage
We are not liable for data loss caused by factors beyond our reasonable control, nor for third-party content or services
Our total aggregate liability is limited to the greater of: the amount you paid us in the 12 months preceding the triggering event, or €50

Nothing in these Terms excludes or limits our liability for wilful misconduct or gross negligence, nor affects consumer rights that cannot be excluded by law.

17. Indemnification

You agree to indemnify and hold us harmless from third-party claims, actions, complaints, fines, damages and reasonable expenses (including legal fees) raised by third parties — in particular clients, the Ordem dos Nutricionistas, the IPDJ or other authorities — and arising from: (i) your violation of these Terms; (ii) content you publish; (iii) your violation of third-party rights, including data protection; (iv) if you are a professional, the services you provide to your clients; or (v) any act performed outside your legal competence or without the required title, registration or professional licence. Should we incur any cost, fine or compensation as a result of acts attributable to you, we are entitled to a right of recourse for full reimbursement. This obligation does not apply to the extent the claim results from our own wilful misconduct or gross negligence and does not limit non-waivable consumer rights.

18. Cancellation and Termination

By you: you may stop using the Service and cancel your subscription at any time (section 5). You may also request the deletion of your account and data under the Privacy Policy.

By us: we may suspend or terminate your account with immediate effect in case of violation of these Terms, fraud, security risk, legal requirement or abuse of the Service; in other cases, with reasonable prior notice. Long-inactive accounts follow the process described in section 7.

Upon termination, the licence to use the Service ends. Clauses that by their nature should survive — intellectual property, limitation of liability, indemnification and applicable law — remain in force. Data is handled according to the Privacy Policy.

18.1 Right of Withdrawal (Consumers)

If you contract as a consumer, you have 14 days from the purchase to withdraw from the contract without giving a reason, by an unequivocal statement (for example, an email to our support). If you request that the service starts immediately, the refund will be proportional to the period already provided; the right lapses once the service has been fully performed with your prior express consent.

19. Changes to the Terms

We may update these Terms. For material changes, we will give at least 30 days' notice by email or through the platform. If you do not agree, you may stop using the Service and cancel your subscription before the changes take effect; continued use after that date constitutes acceptance.

20. Force Majeure

We will not be liable for failures or delays caused by events beyond our reasonable control, including natural disasters, power or telecommunications failures, supplier failures, cyber attacks, pandemics or acts of public authorities.

21. Governing Law and Dispute Resolution

These Terms are governed by Portuguese law, without prejudice to the mandatory consumer protection rules of the user's country of habitual residence in the European Union. We encourage contacting our support first for an amicable resolution. Consumers may resort to the competent consumer alternative dispute resolution entities in Portugal (list available on the Consumer Portal, at consumidor.gov.pt). For unresolved disputes, the Portuguese courts have jurisdiction, except where a different mandatory forum applies to consumers.

22. General Provisions

These Terms, together with the Privacy Policy, constitute the entire agreement between the parties regarding the Service
The invalidity of any clause does not affect the remaining ones
Failure to exercise a right does not constitute a waiver of it
You may not assign your contractual position without our consent; we may assign it in the context of a reorganisation or transfer of the business, without reducing the guarantees of these Terms
These Terms are available in Portuguese, English and Spanish; in case of divergence, the Portuguese version prevails

23. Contact

Questions about these Terms?

Email: [email protected]
Address: Rua de Campezinhos, 27, Lomba, 4600-663 Amarante, Portugal

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