The FitFormiq Platform, available through fitformiq.com, app.fitformiq.com and mobile applications, is operated by Quanmedia Sp. z o.o. with its registered office in Łódź, ul. Żwirki 17, 90-539 Łódź, Poland, KRS 0000539599, NIP 7272794495, REGON 360250028, share capital PLN 5,000, email: kontakt@fitformiq.com, hereinafter the „Operator”.
The Platform is a SaaS tool intended for businesses providing training, fitness, dietary or related services, hereinafter the „Trainer”. The purchase of a Package must be directly related to the Trainer’s professional activity. The Operator does not sell Packages to consumers.
A person invited by the Trainer, hereinafter the „Client”, uses the Account free of charge. To the extent mandatorily required by law, these Terms do not restrict the rights of a Client who is a consumer.
The Operator provides technology. It is not a trainer, dietitian, doctor, seller of the Trainer’s services or a party to the agreement between the Trainer and the Client.
These Terms set out the rules for the provision of electronic services. The Privacy Policy, Data Processing Agreement and Order supplement these Terms. In the event of a conflict, an individually agreed Order takes precedence, followed by the Data Processing Agreement, these Terms and the Package description recorded at the time of purchase.
§ 2. Services and conclusion of the agreement
The Platform may include, among other things, team and Client accounts, training and dietary plans, tasks, measurements, a calendar, classes, timers, a website, bookings, branding and a digital store. The exact scope, limits, price, billing period and features follow from the selected Start, Pro or Studio Package or an individual offer displayed in the Price List and confirmed in the Order confirmation.
Information about features marked „beta”, „test”, „experimental” or „early access” is developmental in nature. Such features may contain errors, be temporarily unavailable, changed or withdrawn without replacement, unless they constitute an expressly guaranteed principal element of the paid Package.
The agreement with the Trainer is concluded once all of the following conditions have been met: the Order has been placed, the Terms and the required B2B declarations have been accepted, payment has been successfully made if required in advance, and activation has been confirmed by the Operator. The Operator may refuse activation and refund the price received.
The Operator may verify the business status and the professional purpose of the purchase (B2B Verification), including the correctness of the tax identification number (NIP) and the consistency of company data, and may request documents or refuse or revoke activation where the data cannot be confirmed or the purchase is not of a directly professional nature. Providing a NIP alone does not determine the professional character of the agreement.
A trial Account, if offered, operates for the period indicated upon activation. The Operator may restrict or terminate it at any time. It does not convert into a paid Package without an express Order from the Trainer.
The agreement with the Client is concluded upon activation of the invitation and acceptance of the Terms and ends when the Account is deleted, access is withdrawn by the Trainer or the agreement with the Trainer ends.
Use requires a device with Internet access, an up-to-date browser or a supported version of the application, an active email address and enabled JavaScript, cookies and localStorage to the extent necessary. The user bears the costs of devices and data transmission.
§ 3. Account and security
The user provides true and current information, protects the password, does not share the Account and immediately reports any suspected security breach. The Operator may require a password change, additional verification or multi-factor authentication.
The Trainer is responsible for the actions of all persons admitted to the Trainer’s organisation, the proper assignment of roles and the withdrawal of access. Actions performed after correct authentication are deemed to have been performed by an authorised user unless the Operator had previously been effectively notified that the Account had been compromised.
Client Accounts are personal. A minor may use the Platform only under the Trainer’s responsibility and after obtaining the consent or authorisation of the legal representative required by law.
§ 4. Price, billing and Packages
Prices for Trainers are net prices to which VAT is added. The fee is payable in advance for the period specified in the Order unless an individual offer provides otherwise. Invoices are issued electronically.
The agreement continues for the paid period. Automatic renewal takes place only if it was expressly indicated before purchase. Otherwise, continued use requires another payment or Order.
Cancellation, failure to use limits, deletion of some Accounts or non-use of the Platform does not result in a refund of the price for a commenced period. This does not apply to a refund mandatorily required by law or termination due to a material, unremedied breach by the Operator.
The agreement with the Trainer is of a directly professional (B2B) nature; therefore the consumer’s statutory right to withdraw from a distance contract without giving a reason does not apply, and the Operator does not grant a separate contractual right of withdrawal. This does not exclude refunds mandatorily required by law or rights arising from a material breach of the agreement by the Operator.
An upgrade of the Package or purchase of an additional limit may apply immediately after payment of the additional amount. A downgrade applies no earlier than from the next period and may require the prior deletion of data exceeding the new limits.
Non-payment, a chargeback or an overdue payment entitles the Operator to charge statutory interest applicable to commercial transactions and debt recovery costs and to suspend the services. Fees for the suspension period remain payable.
A price change applies no earlier than from the next renewal and is communicated before it begins. A change in the scope of Packages will not materially reduce the paid scope during the current period, except for developmental features or changes required by law, security or external dependencies.
§ 5. Early access and availability
The Platform is being developed in early access. The Operator does not guarantee uninterrupted availability, absence of errors, compatibility with every device or preservation of every feature and appearance. A binding SLA exists only if separately agreed in writing.
The Operator may carry out maintenance, deploy updates and temporarily restrict the services. Where possible, planned material interruptions are announced, but failures and security measures may be handled without prior notice.
The Platform, algorithms, calculators and materials are auxiliary in nature. They do not replace examination, diagnosis, treatment, individual medical advice or a decision by an authorised professional. In a threat to health or life, the appropriate emergency services, rather than the Platform, must be used.
The Operator does not guarantee training, health, dietary, sales or business results.
§ 6. Trainer’s obligations
The Trainer is solely responsible for the Trainer’s services, qualifications, instructions, exercise safety, Content, Products, taxes, settlements and relationships with Clients.
Before entering data, the Trainer ensures an appropriate legal basis, the required privacy notice and, where required, explicit consent for health data. The Trainer may not enter unnecessary data or data of a person whom the Trainer is not permitted to serve.
The Trainer provides the Trainer’s own terms and conditions, privacy policy, consumer information and complaint handling for the Trainer’s services and Products. The Operator may provide technical tools but does not assume these obligations.
The Trainer regularly exports data material to the Trainer’s business and does not treat the Platform as the sole archive for records required by law.
At the Operator’s request, the Trainer provides documents necessary to verify the business, authority to act, legality of Content, a Product or a transaction.
§ 7. Content and prohibited activities
It is prohibited to enter unlawful, dangerous, discriminatory or fraudulent Content, Content infringing third-party rights, Content containing malicious code, or data obtained without a legal basis.
It is prohibited to circumvent security measures or limits, share Accounts, scan for vulnerabilities without written consent, perform automated bulk downloads, disrupt the service, reverse engineer, copy the interface or database, or use the Platform to build a competing service.
Rights in the Platform, code, databases, documentation, designations and elements made available by the Operator remain with the Operator or its licensors. The Trainer receives a non-exclusive, revocable and non-transferable licence to use the Platform for the term of the agreement.
The user retains rights in the user’s own Content and grants the Operator a non-exclusive, royalty-free licence to technically record, reproduce, reformat, display, transmit, secure and delete such Content solely for the purpose of providing, protecting and developing the service. The licence expires after the Content is deleted, subject to backups and legal obligations.
The user keeps confidential non-public information concerning the Platform, in particular its security, architecture, planned features, individual terms and early access tests, and does not use such information outside the ordinary use of the Platform.
Suggestions concerning the Platform may be used by the Operator without restriction or remuneration, provided that they do not disclose the Trainer’s confidential information.
§ 8. Store and Client payments
The sole seller of a Product or service offered to a Client is the Trainer identified in the offer. The Trainer determines the price, terms, content, conformity of the Product, delivery rules, complaint handling, withdrawal and refund rules and issues the required proof of sale.
The Operator provides only the mechanism for presentation, ordering, payment and granting access. The Operator does not recommend Products, does not review their substance and does not become a seller as a result of technically handling payments.
If payment is collected by the Operator on behalf of the Trainer, the Operator acts solely as an authorised collection intermediary within the scope set out in separate settlement terms. Payment to the Operator discharges the Client’s obligation towards the Trainer up to the amount of the payment received. The Operator may deduct agreed commissions, refunds, chargebacks, payment provider costs and amounts due from the Trainer.
Przelewy24 and other payment entities operate under their own terms. The Operator may suspend a transaction, payout or access where required by law, security, suspected fraud, a chargeback or the payment provider.
The Trainer may offer the same Products outside the Platform, including on different terms. The Platform does not operate a comparative ranking of offers from different Trainers and does not give preferential treatment to the Operator’s own Products.
§ 9. Data, access and switching
The rules for data processing are described in the Privacy Policy. For data entrusted by the Trainer, the Operator is a processor under the Data Processing Agreement. The Trainer remains the controller of the Trainer’s Clients’ data.
The Trainer has access to the data of the Trainer’s own organisation and Clients within the scope of features and roles. The Operator has the technical access necessary for hosting, security, support, billing, performance of instructions and legal obligations. Data is not made available to other Trainers.
The Operator may create irreversibly anonymised and aggregated statistics concerning the use of the Platform and use them without restriction for development, security, analytics and business purposes. Such statistics do not permit identification of a user or Client and do not constitute personal data or the Trainer’s Content.
Upon a verified request, the Trainer may terminate the service, port data to another provider or move it to the Trainer’s own infrastructure. The notice period initiating the switching process will not exceed 30 days and the standard transitional period is up to 30 days. During that time, the agreement, security, features and fees remain in force. Where the deadline is technically unfeasible, the Operator will provide reasons and an alternative deadline compliant with the law. The Trainer may request one reasonable extension of the transitional period.
The export includes data supplied or generated directly by the Trainer’s organisation, in particular profiles, plans, tasks, measurements, performance logs, calendars, Content, Products, orders, branding and website settings, in available commonly used formats such as CSV, JSON and original file formats.
The export does not include code, data models and internal configuration, security measures, trade secrets, the Operator’s internal telemetry and logs, or licensed materials to which the Trainer has no separate right. Exclusions may not prevent effective porting of the Trainer’s data.
After the transitional period ends, exportable data remains available for download for at least 30 days and is then deleted, except for data required by law, data relating to claims and temporary backups deleted in the ordinary cycle.
Until 12 January 2027, the Operator may charge only the direct, documented costs of the switching process. From that date, standard switching is free of charge. Additional work, non-standard formats, integrations and migration beyond statutory obligations are charged according to an accepted quotation.
§ 10. Moderation, notices and suspension
The Operator has no general obligation to monitor Content. It may, however, take proportionate measures to protect users, security, third-party rights and compliance with the law.
Unlawful Content may be reported in accordance with the Procedure for Reporting Unlawful Content available on the Operator’s website. The Operator may remove Content, restrict its visibility or monetisation, or suspend a payment, Product, feature or Account.
The Operator provides the affected user with the reasons for a restriction and the available appeal procedure unless the law prohibits the disclosure of information or a statutory exception applies.
The Operator may suspend the service immediately in the event of non-payment, a security threat, infringement of law or third-party rights, child protection concerns, fraud, spam, malicious code, a data breach, circumvention of limits or repeated breaches of the Terms.
Where there is no urgent reason, the Operator calls upon the user to remedy the breach within an appropriate period. Termination of the entire service by the Operator without fault on the Trainer’s part requires at least 30 days’ notice and a statement of reasons. A restriction may be lifted after the matter has been clarified.
§ 11. Complaints and termination
Complaints should be sent to kontakt@fitformiq.com and include the Account details, description of the event, date, requested solution and available evidence. As a rule, the Operator responds within 14 business days. The deadline may be extended in complex cases, of which the complainant will be informed.
The Trainer may terminate the agreement in accordance with the Order, opt out of renewal or terminate the agreement due to a material breach by the Operator if it has not been remedied within 14 days of notice.
The Operator may terminate the agreement with immediate effect for an important reason specified in § 10, in particular where continued performance cannot reasonably be required. In other cases, it applies a 30-day notice period.
Termination does not affect fees due, liability for earlier breaches, confidentiality, intellectual property or provisions which by their nature survive termination.
§ 12. Liability
To the fullest extent permitted in a B2B relationship, the Operator is not liable for the Trainer’s Content, decisions, services and Products, a Client’s state of health, incorrect data, user actions, failures of the Internet, devices, application stores, Przelewy24 and other providers, or force majeure.
The Operator is not liable for lost profits, revenue, clients or reputation, indirect loss or loss of data which the Trainer failed to export despite an available opportunity, unless the damage was caused intentionally or liability cannot be excluded.
The Operator’s total liability for all related events in any 12-month period is limited to the total net fees paid for the three months immediately preceding the event and, for a free service, to PLN 500. The limitation does not apply to damage caused intentionally or liability which the law mandatorily prohibits from being limited.
To the extent permitted by law, the Trainer will indemnify the Operator against reasonable costs, damages and third-party claims arising from unlawful data, Content, Products, instructions, services, infringement of consumer rights or the Trainer’s obligations, unless the damage results solely from the Operator’s culpable action.
§ 13. Amendments and final provisions
The Operator may amend the Terms for an important reason: changes in law, security, technology, providers, billing model, features or organisation of the service. The Trainer will be informed at least 15 days in advance, and the period will be longer where the change requires a material technical or commercial adjustment. The Trainer may terminate the agreement before the change takes effect. The period does not apply where an immediate change is required by law or by an unforeseen and direct threat of fraud, malware, spam, a data breach or cybersecurity incident.
Editorial or beneficial changes, changes adding an optional feature or changes having no effect on rights and obligations may take effect upon publication.
The Trainer may not assign the agreement without the Operator’s consent. The Operator may assign it to a legal successor or an entity acquiring the Platform, ensuring continued performance of the obligations.
The invalidity of part of a provision does not affect the remaining content. Failure to exercise a right does not constitute its waiver.
The agreement is governed by Polish law. Disputes with the Trainer are heard by the court having jurisdiction over the Operator’s registered office. The Client retains the jurisdiction and rights arising from mandatorily applicable law.
The Terms are available free of charge in a form that allows them to be saved and reproduced. Contact with the Operator and the point of contact for service recipients: kontakt@fitformiq.com, in Polish or English.
