Terms of Use

These terms of use of the FitSphere App apply to anyone who downloads and uses the FitSphere App. The Terms of Use explain, among other things, how to create an Account, use the various features of the App, and the rights, obligations, and liability of FitSphere and the User when using the App.

Before creating and using an Account, each User must carefully read and agree to these Terms of Use and the Privacy Notice.

Under 13 years of age have to have the consent of their parent or guardian to use the App. By agreeing to the Terms of Use, the User warrants that they are at least 13 years of age or their parent or guardian allows them to use the FitSphere App. Users under the age of 18 warrant that they will only use the Pro version of the App if they have been provided with the necessary resources by their legal representative.

The FitSphere App must be used reasonably and in accordance with your state of health and physical fitness. By accepting the Terms of Use, the User confirms this.  

Upon agreeing to the Terms of Use, the agreement between FitSphere and the User is deemed to be entered into in accordance with the conditions described herein. In case the User does not agree to the Terms of Use, the FitSphere App cannot be used.

The FitSphere App is available in Estonian and English. The Terms of Use of the FitSphere App are available in Estonian and in English. The Terms of Use are available at all times in the FitSphere App and on the FitSphere website at https://thefitsphere.com/.

DEFINITIONS

The terms used in the Terms of Use are defined as follows:

ACCOUNT CREATION AND MANAGEMENT

Before creating an Account, the User must carefully read the Terms of Use and Privacy Notice of the FitSphere App and confirm acceptance thereof by ticking the appropriate box.

To create an Account, the User must enter their mobile phone number. The User then receives a one-time password via SMS and after entering the password, the User can select a personal username. The User’s Account remains linked to the User’s phone number (i.e. the User loses access to their Account when the phone number changes).

After creating an Account, we will ask the User to enter the following information:

• given name and surname
• e-mail address (for sending important notifications; for sending marketing communications when consent has been given)
• date of birth (to verify whether the User has the right to use the App and order prizes that have an age limit)
• gender (to enable calculation of calories and to see/participate in Partners’ challenges with respective restrictions)
• place of residence (state, county, city; to see/participate in Partners’ challenges with respective restrictions)
• photo (*optional; to personalize the App)
• weight (*optional, but if not indicated, calories can only be calculated based on approximate data upon physical activity monitoring)
• height (*optional, but if not indicated, calories can only be calculated based on approximate data upon physical activity monitoring)

Submission of some data is required to use the App; some data are optional. Optional data are marked with an asterisk. By submitting data, the User warrants that these data are true.

After creating an Account, the User will remain automatically logged in. The User must log in again with a one-time password received via SMS if the app logs the user out.

The User can edit, add, and delete their data in the App. The User must keep their data up to date and update the data in the App if necessary.

The User can use their Account only personally. The User is responsible for preventing unauthorized access to their Account. FitSphere recommends using a strong and unique password and/or other strong authentication tools to access the device you are using. The User is fully liable for the activity on their Account. If the User becomes aware that an unauthorised person has gained or may have gained access to the User’s Account, the User must immediately notify FitSphere so that FitSphere could block the User’s Account.

The User may delete their Account at any time in the App settings or by writing to FitSphere.

MINORS

Under 13 years of age have to have the consent of their parent or guardian to use the App. By agreeing to the Terms of Use, the User warrants that they are at least 13 years of age or their parent or guardian allows them to use the FitSphere App. If a parent or a guardian of a child finds out that a child under the age of 13 has submitted false information and has created an Account in the FitSphere App, please contact us using the contact details indicated below and we will delete the child’s Account.

DESCRIPTION OF THE APP

• Versions

The FitSphere App can be used in the free Basic version or in the paid Premium version. The functionality and conditions of the free and paid versions, including the price of the paid version, are described on FitSphere’s website https://thefitsphere.com/ and in the App. In general, you can pay for the Premium version on a monthly or yearly basis or as a one-off payment.

In case a User under the age of 18 wants to use the Premium version of the App, they must warrant that they have been provided with the necessary resources by their legal representative.

• Earning points

In the App, it is possible to earn points for various sporting activities. The sporting activities that count and their value are described in the FitSphere App. FitSphere may change them at any time. The modification, addition, or deletion of a sporting activity does not change the number of points already earned.

The value of a sporting activity may depend on the specific activity (e.g. the number of steps) and also whether the User is a Basic or Premium User (e.g. it may be possible to earn points for steps based on the following: 1,000 steps of a Basic User = 1 point and 667 steps of a Premium User = 1 point).

The maximum number of points earned per day (00:00-23:59) for sporting activities is limited and defined in the App (e.g. it may be possible to convert a maximum of 50,000 steps’ worth of points in one day). Sporting activities that exceed this will be recorded, but it is not possible to earn points for them.

Sporting activities can be exchanged for points within 24 hours (Pro users within 120 hours) of recording them in the App. The User can exchange sporting activities for points as often as they wish.

The User warrants that they earn points honestly. The User understands that FitSphere uses automated technical solutions to run a check on the User (e.g. whether it is the human’s normal style of movement, whether the speed corresponds to the chosen sporting activity, etc.). If FitSphere has reasonable grounds to believe that the User has earned points fraudulently, FitSphere has the right to deduct points from the User (up to zero) and request the reimbursement of the value or return of the delivered prizes, block or close the User’s Account (temporarily or permanently), and terminate the agreement. The consequence or consequences of the breach are at the discretion of FitSphere. If the User finds that FitSphere has sanctioned the User incorrectly or disproportionately, the User has the right to contact FitSphere using the contact details indicated below and file an objection.  

• Exchanging points for prizes

The earned points can be exchanged for prizes. Prizes can have different content (e.g. products, services, discounts, donations, etc.) and value. The selection and conditions of the prizes (e.g. validity period, value in points, availability, availability or redemption period, the number of times the prize can be ordered, terms of use, delivery conditions, age limit, restrictions on location, etc.) are described in the FitSphere App and are subject to change at any time. The prizes that are available in the App at the time of exchanging points for prizes are valid. The conditions of the prizes are part of the agreement entered into between FitSphere and the User. The selection and conditions of the prizes are at the discretion of FitSphere and/or its Partners. The value of the prize in points may not coincide with the actual value of the prize.

The User can order a maximum of 15 prizes within 30 calendar days, regardless of the value of the prizes and other conditions.

When selecting and confirming a prize, it is checked whether the User meets the conditions for receiving the prize (e.g. age, location, etc.) and if so, the corresponding number of points are deducted from the points earned by the User. An order for a prize that has already been submitted cannot be cancelled or changed.

If, after ordering the prize, it turns out that the prize cannot be offered to the User, the corresponding number of points will be returned to the User’s Account.

Points cannot be exchanged for cash.

If the prize is a product or a service (incl. a discount on a product or a service), the User understands that the Partner providing it is fully responsible for that product or service.

• Receipt of prizes

The manner, time, and price (if applicable) of receiving the prize will be displayed for each prize at the latest before ordering the prize. If the prize is delivered to the User, it will only take place within Estonia.

FitSphere, the Partner or the third party delivering the prize has the right to verify the identity of the User who is the recipient of the prize and, if the prize has an age limit, the age as well. FitSphere, the Partner or the third party delivering the prize will generally not hand over the prize to anyone other than the User. In this case, the possibility of receiving your prize yourself will be agreed upon with the User. If this is not achieved within a reasonable time, the User will lose the right to the prize without the returning of points. FitSphere, the Partner or the third party delivering the prize will not hand over the prize to a person younger than the age limit. If the User has ordered a prize the age limit of which they do not comply with, the User loses the right to the prize without the returning of points. 

If the prize winner does not respond to the prize notification sent by FitSphere within 7 (seven) working days, the prize will be returned to the Partner. For perishable goods, the response time is 3 (three) working days. 

• Monitoring of physical activity

The FitSphere App enables monitoring of the physical activity of the User. For this purpose, considering the sporting activities registered in the App, the approximate number of calories burned off by the User is calculated based on the User’s gender and age or, in addition, their weight and height and heart rate (if the User has entered them in the App or granted access to those data).

The calculation of calories is approximate and based on a scientifically developed formula. The more data the User enters into the App or grants access to, the more accurate the calculation; however, FitSphere provides no warranties regarding and is not liable for the accuracy of the calculation.  

• Challenges

Partners may organise challenges in the FitSphere App. Challenges may be subject to different conditions (e.g. a prize is drawn among all who have reached the step goal, only the best gets the prize, only Users in a certain area or Users of a particular gender can participate, etc.). The conditions of the challenges (incl. conditions for participation, period, purpose, prizes, etc.) are disclosed in the FitSphere App. The respective Partner is fully responsible and liable for the organisation, content, and execution of the challenges. If the challenge is organised by your employer, you will be able to join the challenge in the App, in which case, your employer will be responsible and liable for the organisation, content, and execution of the challenge. FitSphere is not responsible or liable for the organisation, content, or execution of challenges.

• Interfacing with other apps

Interfacing with other apps (e.g. Apple Health and Google Fit) or granting access to the User’s device data (e.g. GPS, data communication, Wi-Fi) may be required to take into account sporting activities and earn points and participate in challenges. Interfacing and granting access takes place only with the consent of the User, which the User can withdraw at any time in the settings of their device or other apps. The User understands that using all functionalities of the FitSphere App is not possible without the appropriate interfacing or granting of access.

PAYMENT

In case the User uses the paid Premium version of the App or makes payments in the App, the User understands that payments will be made through Google Play (Android) or the Apple Store (Apple) and are subject to their terms and conditions. The User warrants that they will read the Google Play and Apple Store terms and conditions before making any payments.

DATA SHARING

The User may share the data in the App with other Users. Data sharing and its scope is determined by the User. The User can stop sharing data at any time.

When participating in challenges where ranking is available, all participants see each other’s first name, first letter of last name, and the number of steps accumulated during the challenge period.

Notwithstanding the above, data derived from the User’s data may be shared in an aggregated and anonymised form with other Users, third parties, and the public (e.g. activity level of men aged 30-40 in Tallinn, possibility to compare their activity level and parameters with those of other Users in the same statistical group, etc.).

If you are participating in a challenge organized by your employer, we will share with your employer information about who won the challenge and what was the overall degree of involvement (in statistical form).

For selecting or receiving prizes, the User’s data will be shared with the Partners who offered the prize, unless we organise the selection or receipt of prizes. The composition of the data to be shared depends on the prize and the conditions for receiving it but may include name, age, contact details, and the location at the level of the county.

PROCESSING PERSONAL DATA

Information about how FitSphere processes Users’ personal data and the rights of Users concerning their personal data are stated in FitSphere’s Privacy Policy, which is available in the FitSphere App and on the FitSphere website https://thefitsphere.com/.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in and to the FitSphere App or related to the FitSphere App (incl. intellectual property rights over the design, graphics, images, content and texts of the App, FitSphere trade marks, etc.) belong to FitSphere and/or its licensors. Use of the FitSphere App does not grant the User any rights other than the limited right to use the FitSphere App for the intended personal purposes. This right is non-exclusive, revocable, non-transferable, and without the right to grant sub-licences. Use of the FitSphere App or any part thereof for any commercial purpose is prohibited.

When the User adds content (including data, images, etc.) to the FitSphere App then, from the moment of adding content, the User grants FitSphere a free of charge non-exclusive licence to use that content for providing the functionality chosen by the FitSphere App. The licence is worldwide, irrevocable, transferable, sublicensable, and valid until the expiry of the agreement between the parties or deleting the content by the User, except to the extent to which FitSphere uses the data in aggregate form for statistical purposes, in which case, the license is valid regarding the aggregated data until the end of the validity period of the respective rights. The retention of personal data is governed by the FitSphere Privacy Policy.

By adding content to the FitSphere App, the User warrants that they are entitled to add such content to the FitSphere App and that the content does not infringe any rights (including, but not limited to, intellectual property rights or personality rights nor is it offensive or defamatory) of any third party nor is it unlawful in any other manner.

RIGHTS AND OBLIGATIONS OF THE USER

When using the FitSphere App, the User is obligated to:

• comply with all the conditions or instructions laid down in the Terms of Use or elsewhere, which are provided by FitSphere from time to time on the FitSphere website https://thefitsphere.com/ and/or in the App;
• provide only true data to FitSphere;
• keep the data in their Account up to date;
• use the FitSphere App only personally;
• notify FitSphere immediately if there is reason to believe that the User’s Account data has been disclosed to unauthorised persons or unauthorised persons have gained access to the Account;
• earn points and participate in challenges honestly;
• not infringe the intellectual property or other rights of FitSphere or its licensors;
• not infringe any rights of any third parties;
• not use the FitSphere App to commit any offences.

FitSphere is not obligated to monitor that the User performs all their obligations, but has the right to do so. If the User violates their obligations deriving from the Terms of Use, FitSphere has the right to block or close the User’s Account and terminate the agreement.

The User has the right to use all legal remedies arising from legal acts.

ADVERTISING AND WEBSITES OF THIRD PARTIES

The FitSphere App may display advertisements from FitSphere Partners and may contain links to the websites of third parties. FitSphere is not liable for the content of these advertisements or the content of the websites of Partners or third parties. The User understands that each Partner and each third party may have their own terms of use and privacy notice; FitSphere recommends the User to read the latter.  

ENTRY INTO FORCE, AMENDMENT, AND TERMINATION OF THE AGREEMENT

The Terms of Use will enter into force as regards the User as soon as the User has confirmed their acceptance at registration.

FitSphere has the right to unilaterally change the Terms of Use if the change is required by a change in applicable legal acts, guidelines of supervisory authorities, the functionality of the FitSphere App or conditions of use, or ambiguity in the content of the Terms of Use. FitSphere shall notify the User in the FitSphere App and/or via email reasonably in advance of any changes to the Terms of Use. If the User continues to use the App after they have confirmed acceptance of the new Terms of Use, the User shall be deemed to have accepted the changes. In case the User fails to confirm acceptance of the new Terms of Use, it will not be possible to continue using the App and the agreement between the parties shall be considered terminated.

The User may terminate the agreement between the parties at any time by deleting their FitSphere App Account under the App settings or by writing to us.

The User has the right to withdraw from the Premium version within 14 days from ordering the Premium version by contacting FitSphere in free format, using the contact details indicated below. If you wish, you can also use the standard form for withdrawal. FitSphere shall also deduct from the User additional points earned while using the Premium version. FitSphere is not obligated to refund to the User the fee received until the User has returned what they have received under the agreement. The User shall bear the direct costs of returning the item handed over to them. The User understands that if upon withdrawal from the agreement, they are unable to return the prize in the same intact form, they must reimburse the value of the prize.

EXCLUSION AND LIMITATION OF LIABILITY

As the use of the App involves certain sporting and competitive activities, each User must assess their own state of health and fitness and exercise reasonably and according to their abilities. In case the User has or suspects that they may have a health disorder, we recommend consulting your doctor before using the FitSphere App. Each User uses the App under their own responsibility and warrants that their state of health and fitness allow using the App. The User must be careful and attentive when doing sports. In case the User experiences pain, fainting, drowsiness, exhaustion, fatigue, shortness of breath, or any other signs of malaise, the User must stop doing sports immediately and consider seeking medical advice.

The FitSphere App is not a medical device and is not intended for diagnosing, curing, or preventing diseases.

FitSphere is not responsible for the accuracy of the data collected through the User’s device or other apps, or for the accuracy of the data provided based on them. The User understands that the data provided through the FitSphere App may not be accurate and in any case are not comparable to the accuracy of medical devices or scientific measuring devices.

The FitSphere App is offered to the User on an “as is” basis. FitSphere does not warrant that the FitSphere App functions smoothly and meets the User’s needs. The User confirms that they have familiarised themselves with the functionality of the App before downloading the FitSphere App and creating an Account, it is suitable for them, and they are responsible for using the App.

FitSphere is not liable for any interruptions, connection errors, inability to use, or failures in the FitSphere App. The User understands and warrants that the inability to use and failures may occur and FitSphere does not warrant that the App will be available at any time. Where possible, FitSphere shall notify Users of failures through its website and/or App.

The User understands that to use the FitSphere App, they must have functional internet access, and the quality of the internet access directly affects the quality of the use of the App. The availability and quality of the internet access are the responsibility of the User and FitSphere is not liable for any failures arising thereof.

If the prize is a product or a service (incl. a discount on a product or a service), the User understands that the Partner providing it is fully responsible for that product or service and the liability of FitSphere is excluded.

FitSphere shall not reimburse you for any costs incurred for using the FitSphere App (incl., but not limited to, the cost of necessary devices, training and other equipment, etc.).

In case FitSphere breaches the Terms of Use, the User shall have the right to use the legal remedies laid down in legal acts.

FitSphere’s liability to the User is limited to the maximum extent permitted under applicable legal acts.

APPLICABLE LAW AND SETTLEMENT OF DISPUTES

The Terms of Use have been prepared in accordance with the law of the Republic of Estonia and are governed by the law of the Republic of Estonia.

In case the User has any complaints concerning the FitSphere App, FitSphere asks the User to first contact FitSphere, preferably using the contact details indicated below, or through the Online Dispute Resolution platform (ODR platform – https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks). FitSphere replies to the User within 14 days. In case the parties do not reach an agreement that is satisfactory to the User, the User has the right to contact the institution responsible for the extra-judicial settlement of consumer disputes (in Estonia, the Consumer Disputes Committee – https://ttja.ee/en/consumer-disputes-committee. In any case, the User has the right to turn to the Consumer Disputes Committee or a court at any time.

All disputes and disagreements between the parties that are not resolved in the aforementioned manner shall be settled in the competent court of the Republic of Estonia.

Nothing in these Terms of Use shall affect your right as a consumer to rely on mandatory provisions of your local law.

OTHER CONDITIONS

FitSphere has the right to change (incl. add and remove) the content, design, functionality, etc. of the FitSphere App at any time.

FitSphere has the right to unilaterally assign all rights and obligations arising from the Terms of Use to any third party by notifying the User, provided that this does not reduce the likelihood of the performance of the agreement.

In case any provision of the Terms of Use or a part thereof proves to be void, this shall not affect the validity of the remaining provisions or any other part of the same provision. The void provision is replaced by a new and valid provision, which is as similar in nature to the previous provision as possible.

The FitSphere App is not subject to the Estonian Gambling Act since the functionality of the App does not meet the criteria of gambling (the User does not generally make a monetary bet to use the functionality of the App and the outcome of earning points is not partly or fully determined by an activity based on chance nor does it depend on the occurrence of a previously unknown event) and even then, it would be a sports competition, which is not subject to the Gambling Act either.

In case the Terms of Use, the Privacy Notice and/or the content of the FitSphere App or website are available in languages other than Estonian, the Estonian version shall prevail in the event of any differences between the different language versions.  

CONTACT

In case the User has any questions or complaints concerning the Terms of Use or the Fitsphere App, they can contact FitSphere using the following contact details:

OÜ FitSphere
Address: Harju maakond, Tallinn, Mustamäe linnaosa, Mäealuse tn 2/1, 12618, Eesti
E-mail address: info@thefitsphere.com
Telephone: +372 5382 2924

Last updated on: 15 January 2024