Please read these Terms of Service ("Terms") carefully. They form a binding agreement between you and Vindofit. By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
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1.Acceptance of these Terms
By downloading, accessing, or using the Vindofit mobile applications, websites at vindofit.com, and related services (collectively, the "Services"), you accept these Terms and our Privacy Policy, which is incorporated by reference. If you use the Services on behalf of an organisation, you represent that you are authorised to bind it.
2.Who we are
3.Eligibility
You must be at least 16 years old (or the minimum age of digital consent in your country) to use the Services. By using Vindofit, you confirm that you meet this requirement and that you are legally able to enter into this agreement.
4.Your account
- You must provide accurate information and keep it up to date.
- You are responsible for safeguarding your credentials and for all activity under your account.
- Notify us promptly at [email protected] of any unauthorised use.
- You may delete your account at any time from within the app.
5.Licence to use the Services
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services for your personal, non-commercial use. We reserve all rights not expressly granted. You may not copy, modify, reverse engineer, resell, or create derivative works of the Services except as permitted by law.
6.Health & fitness disclaimer
The content, workouts, metrics, recovery scores, and insights provided through the Services are for general informational and fitness purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment.
- Consult a physician before beginning any exercise program, especially if you have a medical condition, are pregnant, or are taking medication.
- Listen to your body. Stop exercising and seek medical attention if you experience pain, dizziness, shortness of breath, or discomfort.
- Data is not diagnostic. Metrics derived from your device or health stores may be inaccurate and must not be relied upon for medical decisions.
- You assume full responsibility for your use of the Services and any physical activity you undertake. To the maximum extent permitted by law, you do so at your own risk.
7.Acceptable use
You agree not to:
- Use the Services unlawfully or in violation of these Terms;
- Upload harmful, infringing, harassing, hateful, or misleading content;
- Impersonate others or misrepresent your affiliation;
- Attempt to gain unauthorised access, disrupt, or overload the Services;
- Scrape, data-mine, or use automated means to access the Services without permission;
- Circumvent security or usage limits, or interfere with other users.
8.Your content
You retain ownership of content you submit (workouts, messages, photos, comments — "User Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and display your User Content solely to operate and provide the Services. You are responsible for your User Content and confirm you have the rights to share it. We may remove content that violates these Terms.
9.Subscriptions & payments
Some features may require a paid subscription. Purchases are processed by the Apple App Store or Google Play and are subject to their terms. Unless stated otherwise:
- Subscriptions renew automatically until cancelled;
- You manage and cancel subscriptions in your App Store or Google Play account settings;
- Prices and applicable taxes are shown before purchase and may change with notice;
- Refunds are handled by the relevant app store according to its policies.
10.Right of withdrawal (EU consumers)
If you are a consumer in the EU, you normally have a 14-day right to withdraw from a purchase of digital content. By starting to use paid digital content immediately, you may expressly consent to the supply beginning before the withdrawal period ends and acknowledge that you thereby lose the right of withdrawal, to the extent permitted by law. Statutory consumer rights remain unaffected.
11.Third-party content & attributions
The Services include exercise data and images provided by third parties under open licences:
- Exercise data — wger Workout Manager (wger.de), licensed under CC-BY-SA 3.0.
- Exercise images — Everkinetic (everkinetic.com), licensed under CC-BY-SA 4.0.
Such content remains the property of its respective owners and is used in accordance with its licence. Your use of third-party content is subject to the applicable licence terms.
12.Intellectual property
The Services, including the Vindofit name, logo, design, software, and content (excluding User Content and third-party content), are owned by Vindofit and protected by intellectual property laws. Nothing in these Terms transfers ownership to you.
13.Availability & changes to the Services
We strive to keep the Services available but do not guarantee uninterrupted access. We may add, modify, suspend, or discontinue features at any time. We may also update these Terms; we will post the revised version with a new effective date and, for material changes, notify you in the app. Continued use after changes take effect constitutes acceptance.
14.Disclaimer of warranties
To the maximum extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Services will be error-free, secure, or that data will be accurate. Mandatory statutory warranties for consumers are not excluded.
15.Limitation of liability
To the maximum extent permitted by applicable law:
- Vindofit is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, profits, or goodwill, arising from your use of the Services.
- Our total aggregate liability for any claim is limited to the greater of the amount you paid us in the 12 months before the event giving rise to the claim, or EUR 100.
- Nothing in these Terms excludes or limits liability that cannot be excluded by law, including for death or personal injury caused by negligence, fraud, or intentional misconduct, or mandatory consumer-protection rights.
16.Indemnification
To the extent permitted by law, you agree to indemnify and hold Vindofit harmless from claims, damages, and expenses (including reasonable legal fees) arising from your breach of these Terms, your User Content, or your misuse of the Services.
17.Termination
You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you breach these Terms or where required by law. Provisions that by their nature should survive termination (e.g. intellectual property, disclaimers, liability, governing law) will survive.
18.Governing law
These Terms are governed by the laws of Austria, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, you also enjoy the protection of mandatory provisions of the law of your country of residence.
19.Dispute resolution
We hope to resolve any issue informally first — please contact [email protected]. Subject to mandatory consumer rules, the courts of Vienna, Austria shall have jurisdiction. The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr. We are not obliged to participate in dispute-resolution proceedings before a consumer arbitration board.
20.General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services.
- Severability. If any provision is held invalid, the remaining provisions stay in effect.
- No waiver. Our failure to enforce a right is not a waiver of it.
- Assignment. You may not assign these Terms without our consent; we may assign them in connection with a business transfer.