OÜ FitSphere (registry code 16030279, address Harju County, Tallinn, Mustamäe City District, Mäealuse Str. 2/1, 12618, Republic of Estonia).
FitSphere App or App
An application of a mobile device or another smart device that allows you to earn points for various active activities and exchange them for prizes, participate in challenges, order training plans, and use other functionalities provided through the App. A more detailed description of the functionality of the App and information on system requirements is available on the FitSphere website at https://thefitsphere.com/.
An account that a User creates to use the FitSphere App.
A legal person who offers prizes and/or organises challenges through the FitSphere App.
Information about how FitSphere collects and processes Users’ personal data available in the FitSphere App and on the FitSphere website https://thefitsphere.com/.
ACCOUNT CREATION AND MANAGEMENT
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 complete it by asking them 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 every couple of months with a one-time password received via SMS.
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.
The FitSphere App is only intended for individuals who are at least 13 years of age, and who have the consent of their parent or guardian to use the App. Downloading and using the App is prohibited for those under 13 years of age. FitSphere does not knowingly allow anyone under the age of 13 to create an Account or use the 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
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, cycling distance, etc.) 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 of recording them in the App. The User can exchange sporting activities for points as often as they wish.
Points are valid for 2 years from the date of earning the points.
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 User’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 User can order a maximum of 3 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.
- 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.
- Preparation of training plans
With the FitSphere App, Users can order training plans prepared by licensed trainers.
The trainer who prepared the training plan is responsible for the training plan. FitSphere is not responsible for the training plans, their content, suitability, compliance with requirements (incl. the collection of adequate data concerning a person’s health and physical fitness), and the possible consequences (incl. potential damage) to the User. This is the sole responsibility of the person preparing the training plan.
The FitSphere App advises the User on an appropriate training plan based on the User’s previous movement habits visible in the App and other information entered in the App; however, it is the User who selects the training plan.
Partners may organise challenges in the FitSphere App. Challenges may be subject to different conditions (e.g. a prize is drawn between all participants, 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.
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.
The User may share the data in the App with other Users, their trainer, or other people of their choice. Data sharing and its scope is determined by the User. The User can stop sharing data at any time.
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
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.
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:
- 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.
The User has the right to use all legal remedies arising from legal acts.
ADVERTISING AND WEBSITES OF THIRD PARTIES
ENTRY INTO FORCE, AMENDMENT, AND TERMINATION OF THE AGREEMENT
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.
In case the User uses the paid features of the App on their own clear initiative (e.g. ordering a training plan), the User understands and warrants that they have no right to withdraw from the agreement since FitSphere has fulfilled its obligations to the User as soon as the User gets access to the ordered digital content. 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. Upon withdrawal from the agreement, FitSphere shall refund to the User the fees received and FitSphere has the right to demand the return of everything received under the agreement (incl. prizes) from the User. 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.).
FitSphere’s liability to the User is limited to the maximum extent permitted under applicable legal acts.
APPLICABLE LAW AND SETTLEMENT OF DISPUTES
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.
FitSphere has the right to change (incl. add and remove) the content, design, functionality, etc. of the FitSphere App at any time.
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.
Address: Harju maakond, Tallinn, Mustamäe linnaosa, Mäealuse tn 2/1, 12618, Eesti
E-mail address: email@example.com
Telephone: +372 5382 2924
Last updated on: 17 May 2022