Terms of Use

1. SCOPE OF APPLICATION

These Terms of Use (the "Terms of Use") apply to the paid and free websites, applications and digital content services and any other related content (hereinafter referred to as the "Service") provided and maintained by Aitofit Oy.

2. GENERAL CONDITIONS

The person using the Service (hereinafter "Customer") acknowledges that he/she has read the Terms of Use and agrees to comply fully with them and with any other terms, conditions or guidelines that may be associated with the Service and that may be separately disclosed in connection therewith. The Customer is granted access to the Aitofit.app Service in accordance with these Terms of Use.

The Customer receives and uses the Service at his own risk. The Service shall be used in accordance with the Terms of Use and applicable laws and regulations. The Customer shall not be entitled to transfer its rights and obligations with respect to the Service to third parties. For digital content, the right of use is valid from the moment of purchase for the duration of the current subscription period.

The prices and payment terms for the Paid Services are indicated in connection with the Paid Services. Access to the Services is subject to the Customer's registration. The Customer may not dismantle or bypass any protection measures taken by Aitofit Oy to prevent unauthorized use.

Subscriptions to the Services are subject to the terms and conditions in force at the time of subscription.
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Aitofit Oy may also offer, broker or market services and products offered by third party service providers, whether for a fee or free of charge. The services of other service providers are offered, transmitted or marketed as such and without obligation. Aitofit Oy shall not be liable for any damages caused by any defect in the service provided by a third party service provider. In addition to these Terms and Conditions, the Client agrees to comply with any contractual terms, limitations of liability and guidelines of the third party service provider.

By accepting the Terms and Conditions, the Client agrees to be bound by them and confirms that he has read them. The contract between the Customer and Aitofit Ltd is formed when the Customer has accepted the Terms of Use by clicking on the button indicating acceptance of the Terms of Use and Privacy Policy and starts using the application or service.

3. DATA PROTECTION

The customer confirms that he/she has read and understood Aitofit's Privacy Policy, which can be found on Aitofit's website and within the application. The customer is obliged to provide his/her contact information, which includes at least his/her first and last name and e-mail address, when placing an order.

The customer's data is stored in Aitofit Oy's customer register, where the data is used to maintain the customer relationship. Aitofit Oy and its affiliated companies are also entitled to process and disclose the data contained in the register for legitimate purposes in accordance with applicable legislation.

Customers may object to the use and processing of their data for marketing purposes and may check and, if they wish, delete their personal data by contacting Aitofit Oy's customer service (contact: valmennus@aitofit.io).

4. USERNAMES

The user IDs for the service are customer-specific. User IDs may not be given or disclosed to others without permission. You are responsible for the use of your user IDs and for all costs and damages resulting from their misuse. Aitofit Oy has the right to restrict the use of user IDs and to block access to the Service in case of misuse.
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The Customer shall immediately notify Aitofit Oy of the loss or disclosure of his/her user ID to a third party. The Customer shall be responsible for the use of his/her User IDs until he/she has made the notification and Aitofit Oy has acknowledged receipt thereof. Aitofit Oy monitors the use of the User IDs and may send a notice to the Customer or even revoke the Customer's rights to the User ID created by the Customer if there are reasonable grounds to suspect that the User IDs have been used in violation of the Terms and Conditions.
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Aitofit Oy may also require the Customer to provide an explanation of the use of the usernames in order to prevent misuse, to ensure the Customer's security and to remove the aforementioned restrictions.

5. USE OF THE SERVICE

The use of the Service requires a suitable browser, application or other telecommunications software necessary to establish a connection and appropriate telecommunications connections, the costs of which are borne by the Customer. The provision and use of the Service requires that the Customer has taken care of the installation and operation of its equipment and other matters for which the Customer is responsible.

The Customer shall not use the Service in a way that causes or may cause unreasonable load or any other possible harm to the network, other Customers, third parties or Aitofit Ltd. The Service may not be used to transmit spam or other unauthorized communications or to impersonate Aitofit Oy or any other entity without authorization. You may not use the Service to post or transmit any unlawful material or any material that unlawfully advertises any product or service, to unlawfully collect or store personal information of other users, or to engage in any other unlawful activity. Aitofit Ltd shall be entitled to exercise all legal rights arising from any breach of these Terms.

Aitofit Oy shall have the right to restrict or block any use of the Service and to remove any material or user that violates any law, common decency or the protected rights of any third party, or that imposes an unreasonable load on the Service or the network, threatens security or privacy, harms users of the Service, other third parties or Aitofit Oy, or is otherwise in violation of the Terms of Use.

The products provided are personalized and only for the use of a targeted individual.

The rights granted to you under these Terms are subject to the following restrictions.(1.) you may not license, sell, rent, lease, transfer, assign, transfer, distribute, host or otherwise commercially exploit the Services; (2.) you may not modify, create derivative works from, decompile, translate or reverse engineer any portion of the Services; (3.) you may not use the Services to construct an identical or similar Service; and (4.) you may not copy, reproduce, distribute, republish, upload, display, transmit or broadcast any portion of the Services in any form or by any means, except as expressly provided herein. Any future releases, updates or other additions to the functionality of the Services shall be subject to these Terms.

You further agree not to manually or through the use of any scripts, code, bots, robots, crawlers, scrapers, deep links or similar automated data gathering or similar tools, programs, algorithms or methods to access, obtain, copy or monitor our Services or any portion of the Services or for any other purpose without our prior written permission. You further agree that you will not: (1.) Take any action that imposes or may impose, or in our sole discretion impose, an unreasonable or disproportionately large load on our infrastructure; (2.) copy, reproduce, modify, create derivative works of, distribute or publicly display any content (other than your personal information) from our Services without our prior written permission and, where applicable, the prior written permission of the appropriate third party; (3.) interfere or attempt to interfere with the proper working of our Services or any activities being performed on our Services; (4.) bypass robot exclusion headers or other measures we use to block or restrict access to our Services; or (5.) interfere with the Service or servers or networks connected to the Service, including the use and transmission of worms, viruses, spyware, malware or other destructive or disruptive code.

Aitofit Ltd may restrict, suspend or terminate the Services provided to you (including your subscription) if you fail to comply with these Terms, the Privacy Policy or if you use the Services in a way that causes us legal liability or interferes with other users' use of the Service. Aitofit Ltd may also suspend providing the Services to you (including your subscription) if we investigate your suspected misconduct. Aitofit Ltd will use commercially reasonable efforts to limit the scope and duration of any limitation or suspension under this paragraph if necessary to address the problem that caused such action. Users who are terminated or suspended shall not be entitled to any form of compensation for the period of termination or suspension.

6. PROVISION OF THE SERVICE

The Service is available to the Customer 24 hours a day. The processing of the order for the Service will be carried out in principle immediately, but will aim to be carried out within 48 hours of receipt at the latest.

7. LIMITATION OF LIABILITY AND SERVICE INTERRUPTIONS

Aitofit Oy provides the Service and Products on an "as is'' and "as available" basis. Aitofit Oy does not warrant that the Service will be uninterrupted or error-free. Aitofit Oy does not warrant the availability, accuracy, reliability or content of the Service. Aitofit Oy shall not be liable for any direct, indirect or consequential damages, unless otherwise required by mandatory law. Aitofit Oy is not responsible for the content, accuracy or any errors, omissions or delays in the information provided to the Customer or any third party in the Service. The Customer is responsible for ensuring that he has a functioning connection and sufficient technical capacity and software to use the Service. The Customer is also responsible for the security and functionality of the equipment and software used. Interruptions to the Service may occur due to maintenance, excessive load or any other reason. Aitofit Oy will endeavour to inform the Customer of any interruptions in service. Aitofit Oy shall not be liable for any interruptions to the Service or any part of the Service caused by such interruptions.

8. PRICES AND PAYMENT METHODS

The prices of the Services sold on the Aitofit Oy website are determined by the price list in force from time to time. The Price List is available on the Aitofit Ltd website and on the aitofit.app app and Service. Prices include VAT. Aitofit Oy does not sell its services/products for resale.

If there are obvious price errors in the price list, the service/product will not be sold at a clearly lower price. Neither Aitofit Ltd nor the suppliers it uses are responsible for delays in the delivery of orders caused by unforeseen changes outside their sphere of influence.

Aitofit Ltd reserves the right, at any time, to change its price list. The Customer may pay for services/products provided by Aitofit Ltd only using payment methods accepted by Aitofit Ltd.The Customer may pay by payment card or other payment method provided by Stripe, Apple or Google. Stripe Payments Europe Limited, a company registered in Ireland, is the payment processor and payment service provider for the web version.

Stripe Payments Europe Limited: www.stripe.com/fi.

By accepting these terms and conditions, the Customer also accepts Stripe's Stripe Checkout User Terms of Service (Finland: www.stripe.com/fi/checkout/terms ) and Stripe's Privacy Policy (Finland www.stripe.com/fi/privacy ).

9. CONTINUATION AND TERMINATION OF SUBSCRIPTION

The customer's subscription will continue on a monthly or annual basis, depending on the customer's choice, until it is cancelled, at which point the membership will expire at the end of the billing cycle. The service membership fee will be charged using your payment method on the payment date indicated in the "Your Subscription" section of the Settings page or on Apple/Google's own systems. The length of your billing cycle will depend on the subscription you chose when you registered for the service. In some cases, the payment date may change, for example, if your chosen payment method fails, when you change your subscription plan, or if your paid membership starts on a calendar day that is not in all months.
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You can cancel your subscription at any time, after which you can use the service until the end of the billing period you have already paid for. No refunds will be made and no credit will be given for partially used subscription periods. If you wish to cancel your subscription, you can do so in the subscription section of the settings page. If you cancel your subscription, your account will automatically close at the end of the current billing cycle.

Aitofit Ltd may offer you a free trial. The trial does not need to be cancelled separately, it will automatically end if you do not continue with your training. A monthly subscription can be upgraded to an annual subscription at any time, but an annual subscription cannot be downgraded to a monthly subscription until the anniversary date of the annual subscription period. Aitofit Ltd reserves the right to accept or reject any subscription or partial subscription at any time. Aitofit Ltd also reserves the right to cancel your subscription at any time prior to acceptance, and we may cancel acceptance and cancel your subscription if there is an obvious error in the price or if the monthly or annual subscription or services are no longer available.

10. RIGHT TO WITHDRAW SERVICES

The Customer has the right to cancel the order of the Service within 14 days of placing the order, in accordance with the Consumer Protection Act. However, for digital content, the right to cancel ends when the Customer has made use of the Service by logging in to the Service.

11. CHANGES TO PRICES AND SUBSCRIPTION AGREEMENTS

Aitofit Oy may change subscription agreements and the price of the Service from time to time. However, any changes to your prices or subscription agreements will not take effect earlier than 30 days after you have been notified of the change. If you do not wish to accept a price change or a change to your subscription contract, you may cancel your subscription before the change takes effect.

12. INTELLECTUAL PROPERTY RIGHTS

All material published on the Sites and Services is the property of Aitofit Oy, protected by copyright and/or other intellectual property rights, except for services provided by third parties and possibly linked to the Sites. Aitofit Oy reserves all rights to the material published on the Sites and the services contained therein. The material published on the Sites may be used for non-commercial and personal purposes only. Copies or parts thereof may not be sold or distributed electronically or in hard copy for commercial purposes, nor may they be modified or incorporated into other material or other web pages.

13. LIMITATION OF LIABILITY

Sites and services will be delivered as indicated. Aitofit Ltd will use its best efforts to ensure that the Sites and Services are available and can be used without interruption and without error, and that the materials and information contained therein are up to date and accurate. However, Aitofit Oy shall not be liable for any direct, indirect, incidental, special or consequential damages, loss of profits or business interruption caused by the availability, interruption of use or inaccuracy of the Sites and Services or the materials and information contained therein, even if Aitofit Oy has been advised of the possibility of such damages. The Sites and Services may contain links to websites and services operated by third parties. Such links are provided solely as a service to users and Aitofit Oy is not responsible for these sites, their content or the accuracy of their content, nor for the legality of the registration of personal data collected on these sites.

By participating in the use of the Application, the Customer agrees to participate in activities where there is a risk of possible personal injury or property damage. The organiser of the use of the Application is not liable for any damage caused to the Customer. Aitofit Ltd does not accept any liability for any possible consequences related to the Customer's state of health. The Customer is aware of the normal risk of injury and other risks associated with, among other things, sports activities and accepts this fact by participating in the use of the application of his/her own free will. You agree that you undertake any activity related to the App at your sole risk.

14. PERSONALIZATION OF THE SERVICE

The services provided are personalized and only for the use of a targeted person. It is forbidden to share them with others or redistribute them.

15. MODIFICATION OF THE TERMS OF USE

Aitofit Oy reserves the right to modify these Terms of Use at any time at its sole discretion. The modification shall take effect from the date notified by Aitofit Oy. By continuing to use the Service after the Terms of Use have been updated, the Customer shall be deemed to have accepted the then current updated Terms of Use. If the Customer does not accept the amended Terms of Use, the Customer may refuse to accept them by terminating the Service.

16. SETTLEMENT OF DISPUTES

These Terms of Use are governed by Finnish law. Disputes arising from the Terms of Use shall be resolved primarily by negotiation between the parties. If the dispute cannot be settled in this way, it may be brought before the District Court of Central Finland.

The customer also always has the right to take the dispute to the Consumer Disputes Board. Before taking the matter to the Consumer Disputes Board, the customer should contact the Consumer Advice Centre about this. The customer can also lodge a complaint using the EU Commission's online dispute resolution service.

17. Specifications for downloading and using the app via the App Store

- These Terms of Use are between you and Aitofit Oy, not Apple.
- Aitofit Oy is responsible for the App and its content, not Apple.
- Aitofit Oy is responsible for the maintenance and customer support of the App, not Apple. Aitofit Oy is responsible for the functionality of the product, and if the product does not work as promised, you can request a refund through Apple. In addition, Apple has no obligation with respect to the functionality of the product and Aitofit Oy is responsible for any other related consequences subject to the relevant sections of these Terms of Use.
- Apple shall not be liable if any third party claims that the Application infringes their intellectual property rights (IPR), but this is a matter for Aitofit Oy to deal with.
- The User represents that he/she is not located in any country that is a US embargoed country, or a member of any organization or group listed by the US government as prohibited or blocked.
- User and Aitofit Oy agree that Apple and its affiliates are third party beneficiaries of the Terms of Use (EULA). This means that Apple has the right to monitor and take advantage of the Terms of Use (EULA) against the User.