Zenfit Terms and Conditions
Effective date: 2nd april 2019
Welcome to Zenfit. By downloading, accessing and using Zenfit, you agree to be legally bound by these Terms. If you do not agree with one or more provisions of these Terms, you should not use Zenfit.
Please contact us if you have any concerns regarding the Terms.
1. GENERAL INFORMATION
1.1 These Zenfit Terms and Conditions (the “Terms”) constitute a legally binding agreement between the company Zenfit ApS having a registered business address at Nyelandsvej 34, 2000 Frederiksberg, Denmark and a business registration number 37085960 (the “Company”, “we”, “us”, and “our”) and an individual user (the “user”, “you”, and “your”) downloading, accessing and using the software-as-a-service application Zenfit, the related mobile application (the “App”), and using the website https://zenfitapp.com (the “Website”) (collectively, “Zenfit”).
1.2 About Zenfit. Zenfit is a software-as-a-service product that allows fitness influencers, coaches, and trainers (collectively, the “Trainers”) to interact with their clients (the “Clients”) looking for the services provided by the Trainers. Zenfit assists the Trainers in administering their business activities, i.e., to manage Clients, create workout plans, meal plans, recipes, and exercises, track the progress of the Clients, and upload and store documents, videos, and other files supporting Trainers’ business activities. Zenfit also allows the Clients to interact with the Trainers through the App and track their progress in the field of fitness, diet, and healthy lifestyle.
1.3 License to use Zenfit. We grant you a personal, revocable, non-exclusive, non-transferable and limited license to use Zenfit pursuant to these Terms.
1.4 Minors. Zenfit is not marketed and should not be used by persons under the age of 18.
1.5 Disclaimer. Although we regularly monitor the information available on Zenfit, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on Zenfit, neither provided by us nor by the users of Zenfit.
1.6 Third-party links. Zenfit may contain links to websites and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links and the security and privacy practices deployed by the operators of the third-party websites.
1.7 Support. Any requests for customer or technical support should be addressed to us by email at firstname.lastname@example.org.
1.8 Authorization. If you use Zenfit as a Trainer, you are responsible to obtaining all necessary authorizations, creating and maintaining accounts (e.g., Apple Developer ID, Stripe accounts etc), obtaining certificates, and undergoing verifications enabling you to use Zenfit.
2. YOUR ACCOUNT
2.2 By registering your Account, you acknowledge, agree, and warrant that:
- You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of Zenfit;
- You have read and agree to our Diclaimer;
- You provide only true, accurate, complete, and up-to-date personal data;
- You will update your Account as soon as any changes to your personal data or other information occur;
- You are at least 18 years old;
- You can conclude legally binding contracts with us; and
- You are an individual human and not a machine.
2.3 Security of your Account. You are solely responsible for maintaining the confidentiality of your Account, including keeping secure your login details and passwords. By using Zenfit, you agree to immediately notify us about allegedly unauthorized use of your Account or any other security breach related to your Account. You are also responsible for using secure Internet connection and protected networks while using Zenfit. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations
2.4 Deactivation of your Account. At any time, you may delete your Account through the “Settings” functionality of your Account. Upon deactivation of the Account, these Terms shall terminate.
2.5 Suspension and termination of your Account. We reserve the right to suspend or terminate your Account if, at our sole discretion, we have grounds to believe that your use of Zenfit seriously and repeatedly breaches these Terms. We may also suspend or terminate your Account upon a lawful request of a public authority.
3. FEES AND PAYMENTS
3.1 The Fees. Your use of Zenfit is subject to the applicable service fees (the “Fees”). The Fees and payment terms related thereto are communicated by us to you personally, upon your request, by email or phone. The Fees are charged on a subscription basis and depend on the specifics of the services provided to you through Zenfit and other factors (e.g., if you use Zenfit as a Trainer, the number of Clients that you would like to manage through Zenfit). The Fees may be indicated in various currencies, such as Danish krone (DKK), Swedish krone (SKK), Norwegian krone (NKK), United States dollars (USD), euro (EUR), British pounds (GBP), Australian dollars (USD), and Canadian dollars (CAD). The Fees are charged automatically on a monthly basis, (i) unless stated otherwise in your service contract, (ii) until you stop your subscription, or (iii) until the term specified in your service contract expires. By purchasing a subscription to use Zenfit and concluding a service contract, you agree to pay the Fees upon these Terms and the terms and conditions in force at the moment you conclude a service contract. The Fees remain valid for a time period communicated to you in writing or as long as your subscription to Zenfit lasts. The Fees are subject to a change without a prior notice. Any of changes to the Fees will be made available to you and, if necessary, we will request you to provide your consent to the changes of the Fees.
3.2 The Trial Period. If you use Zenfit as a Trainer, we provide you with a 7-day trial period (the “Trial Period”) to your use of Zenfit. The Trial Period is not subject to the Fees and we will not charge you for the Trial Period. The Trial Period commences automatically after you conclude a service contract with us. You can cancel the Trial Period at any time before the Trial Period expires. Upon expiration of the Trial Period, unless cancelled earlier by you, the subscription plan chosen by you shall commence, subject to the applicable Fees. The Clients are not entitled to the Trial Period.
3.3 Taxes. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, including the VAT. Unless otherwise stated in the schedule of the Fees, you are responsible for paying all applicable taxes, excluding Danish taxes based solely on Company’s income.
3.4 Cancelling the Fees. If you would like to terminate your subscription and stop paying the Fees, please submit your request to cancel the Fees by email at email@example.com or contract us through the live chat functionality available on Zenfit. If you use Zenfit as a Client, you also have an opportunity to contact your Trainer and request the Trainer to cancel your subscription to Zenfit. We will not be responsible if your Trainer fails to cancel your subscription in a timely manner. Whether you use Zenfit as a Trainer or Client, please communicate your request for cancellation at least 15 days prior your then-current billing period expires. Unless you request otherwise, the cancellation of the Fees will become effective at the end of then-current billing period. If provided for in the service contract, we reserve the right to charge a cancellation fee.
3.5 Payment processing. All payments related to Zenfit, including the Fees and the payments made by the Clients to the Trainers, are processed by our third-party payment processor Stripe, Inc. (the “Payment Processor”). The Payment Processor is solely responsible for handling your payments. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processor refused the payment for any other reason. Please note that the Payment Processor may collect from you some personal data, which will allow them to make the payments requested by you (e.g., your name, and credit card details). The Payment Processor handles all the steps in the payment process on its website, including data collection and data processing. We do not store your credit card details in our systems.
3.6 Technical steps to conclude a service contract. If you would like to conclude a service contract with us, you need to: (i) register your Account; (ii) request and receive from us information about the Fees; (iii) choose the subscription that you would like to purchase on Zenfit; (iv) provide the required payment information on Zenfit; and (v) click on the button “Buy”. You will be able to identify and correct any input errors prior to clicking on the “Buy” button. After you click on the button “Buy”, we will send you a confirmatory email informing you about your order. By clicking on the button “Buy” and receiving a confirmatory email, you conclude a service contract in English between you and us on the basis of these Terms. The details of the specific service contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your order, you can consult your Account or contact us by using the contact details mentioned at the end of the Terms. We warrant that the services supplied under a service contract are of a reasonably acceptable quality.
4. CONTRACTS CONCLUDED BETWEEN CLIENTS AND TRAINERS
4.1 Zenfit serves as a reference point and a platform that facilitates the communication between the Trainers and the Clients, including hosting and maintaining Zenfit and supporting the formation of service contracts between the Trainers and the Clients (the “Fitness Contracts”). Zenfit does not intervene in any manner into the communication between the Trainers and the Clients, as well as negotiation, conclusion, and execution of the Fitness Contracts.
4.2 Entering into Fitness Contracts. If a Trainer and a Client (collectively, the “Contractors”) decide to enter into the Fitness Contract through Zenfit, the Fitness Contract is a contractual relationship between the Contractors and the Contractors have complete discretion with regard whether to enter into the Fitness Contract and the agreed terms of the Fitness Contract. The Contractors acknowledge and agree that we are not a party to the Fitness Contract and the formation of the Fitness Contract does not create employment, partnership, joint venture, or other service relationships between the Contractors and us. The Contractors may enter into any agreements as they deem to be appropriate (e.g., a confidentiality or assignment agreements), provided that such agreements do not conflict with, narrow, or expand these Terms.
4.3 By concluding the Fitness Contracts, the Clients acknowledge and agree that the Clients are purchasing services from the Trainers and not directly from us, and the Trainers are solely responsible for delivering those services. Therefore, for any specifics related to the Fitness Contracts, the Clients are requested to contact the Trainers directly.
4.4 We are not a party to the Fitness Contracts and, therefore, we will not be liable for any direct, indirect, consequential or inconsequential loss or damage that results from the Fitness Contracts and any business transactions made between the Contractors as a result of the interactions through Zenfit.
4.5 The Trainers are solely responsible for:
- Ensuring that the Trainers are qualified in providing services featured through Zenfit;
- Preparing, negotiating, concluding, and executing the Fitness Contracts;
- Issuing invoices;
- Paying all taxes, duties, insurance payments, social security and unemployment contributions, and other fees associated with payments made under the Fitness Contracts;
- Cooperating with us in any audits by providing copies of the Fitness Contracts, invoices, tax returns, and other financial reports issued under the Fitness Contracts.
4.6 Zenfit provides general information about the Trainers and displays the profiles created by the Trainers. Please note that Zenfit features only a limited list of Trainers that is compiled by us on the basis of the Trainers’ Accounts and updated from time to time. The list of the Trainers is of a recommendation nature.
4.7 Although we require providing only true, accurate, correct, and up-to-date information through Zenfit, we do not guarantee that any information, accreditation, and personal data provided by the Trainers or the Clients is true, accurate, correct, and up-to-date.
4.8 We make no warranties regarding any services provided by the Trainers through Zenfit and any transactions carried through Zenfit.
4.9 The Clients are solely responsible for carrying out appropriate checks regarding the Trainers, including their relevant trade and industry accreditations, qualifications, and legal authorizations prior to concluding the Fitness Contracts. We strongly encourage the Clients not to engage in any business relationships and not to make any payments under the Fitness Contracts without conducting such checks or if the Clients have any doubts or concerns regarding the Trainers.
4.10 We are not responsible for any disputes that arise between the Contractors, nor we are obliged to receive or process, complaints against the users of Zenfit or resolve disputes between the users of Zenfit or Contractors, unless the complaint concerns the performance of our legal or contractual obligations under these Terms.
5. RIGHT OF WITHDRAWAL AND REFUNDS
5.1 We respect consumer rights and comply with the applicable consumer protection laws, such as the Danish Marketing Practices Act, Danish E-commerce Act, Danish Consumer Contracts Act, and Danish Contracts Act. We strive to provide the best possible services through Zenfit. If you are unsatisfied with the quality of our services, please contact us without undue delay and express your concerns. We will address your complains as soon as possible.
5.2 If you use Zenfit as a consumer (i.e., an individual acting wholly or mainly outside his/her trade, business, craft or profession), you are entitled to withdraw from your service contract with us within the period of 14 days after the service contract was concluded without giving any reason. In order to terminate your contract and receive a refund, you must clearly inform us of your decision to withdraw from the contract by email at firstname.lastname@example.org before the 14-day period expires. We will acknowledge the receipt of the cancellation without undue delay. We will refund the Fees paid by you no later than 14 days after we receive your request for withdrawal by using the same payment method that you used to make the payment, unless you have expressly requested otherwise. In any case, you will not incur any fees as a result of the refund.
5.3 Please note that, if you have used the services provided through Zenfit after concluding the service contract and prior to communicating your request for withdrawal to us, we reserve the right to charge you proportionally for the time period for which you have used the services and return you the Fees for the unused time period only for which you have paid.
5.4 If you use Zenfit as a Trainer, you can make use of our Trial Period. However, as a non-consumer, you are not entitled to a refund of the Fees paid by you if you withdraw from the contract (Section 3.4 of these Terms applies to you).
6. YOUR CONTENT
6.1 When you use Zenfit, you may upload and submit various content, such as comments, text messages, photos, videos, links, and files, through Zenfit (collectively, “Your Content). Please note that some of Your Content may become available to other users of Zenfit (e.g., if you use Zenfit as a Trainer, your Clients will be able to see some of Your Content). Therefore, we request you to (i) exercise your due diligence when uploading Your Content to Zenfit and (ii) not to make any sensitive information publicly available to other users of Zenfit, including the Clients.
6.2 By uploading Your Content to Zenfit, you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce Your Content for the purposes of providing you with our services and carrying our legitimate business interests.
6.3 You agree not to submit Your Content that violates these Terms or any applicable laws, including intellectual property rights of others and you agree to pay all royalties, fees, and any other monies applicable to Your Content.
6.4 You understand and agree that, in order to ensure the security of Zenfit, we may, but have no obligation to, monitor or review Your Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms or may harm the reputation of Zenfit. However, you remain solely responsible for Your Content.
6.5 You are not allowed to make publicly available personal data of persons who have not provided you with their prior authorization or consent to share that personal data (e.g., you cannot publish name, photos, videos, and contact details of a person who has not allowed you to do so) through Your Content.
6.6 Your Content includes your personal views and recommendations. None of Your Content reflects our views, recommendations, endorsement, or any commitments related thereto.
7. ACCEPTABLE USE POLICY
7.1 When using Zenfit, you are required to follow our acceptable use policy outlined in this Section 7. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws.
- Nudity or sexually explicit content. Zenfit is not for pornography or sexually explicit content. If Your Content contains nudity or sexual content (even if you are featured there), you are not allowed to post it on Zenfit.
- Harmful or dangerous content. You are not allowed to post Your Content that encourages others to do things that might cause them to get hurt in any manner.
- Hateful content and hate speech. Zenfit is for free expression and we respect your right to free speech. Although we encourage free speech we do not permit hate speech or any content that promotes or condones violence against any individuals or groups based on their race or ethnic origin, religion, disability, gender, age, nationality, sexual orientation, and gender identity, or whose primary purpose is inciting hatred on the basis of these core characteristics.
- Violent or graphic content. We do not permit posting any violent or gory content that is primarily intended to be shocking, sensational, gratuitous, or encouraging others to commit specific acts of violence.
- Harassment and cyber bullying. We do not permit posting abusive content on Zenfit.
- Spam, misleading metadata, and scams. You are not allowed to post large amounts of Your Content that is untargeted, unwanted or repetitive, including comments and private messages.
- Threatening content. We do not tolerate predatory behavior, stalking, threats, harassment, intimidation, invading privacy, revealing other people’s personal data, and inciting others to commit violent acts or to violate these Terms.
- Intellectual property rights. You are allowed to upload Your Content that you made or that you are authorized to use. This means that you are not allowed to upload any content you did not create or use materials in Your Content that someone else owns the intellectual property rights to, without obtaining the necessary authorizations.
- You are not allowed to post and make available any personal data about others, including their name, contact details, photos, videos, and other information that allows identifying natural persons, without obtaining a prior consent from the persons to whom such personal data belongs.
- Collecting personal data. You are not allowed to collect or harvest any personal data from Zenfit by manual or automated means, including other users’ account names, photos, and contact details. You are also prohibited from using communication systems provided through Zenfit (e.g., comments, messages, and email addresses) for any commercial solicitation purposes, unless necessary for your legitimate use of Zenfit.
- The Account that is established to impersonate another account or individual is not allowed and will be removed from Zenfit.
- Automated systems. You are not allowed to use any automated systems, such as “robots,” “spiders,” or “online readers”, which access Zenfit in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.
7.2 You are not permitted to use Zenfit in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Provision of false, inaccurate, or misleading information;
- Dissemination of information about the acts, including pranks and challenges, that may result in injuries and physical harm;
- Posting of Your Content that depicts or incites others to commit acts of violence;
- Provision of Your Content that depicts children or may cause emotional distress to children;
- Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
- Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior and terrorism-related content;
- Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening Zenfit;
- Interfering with or abusing other users of Zenfit;
- Using bots and other automated methods; and
- Collecting and disclosing any information about other users of Zenfit.
7.3 Reporting inappropriate content. If you think that some of the content available on Zenfit is inappropriate, infringes these Terms, applicable laws, or your right to privacy, please contact us immediately at email@example.com and report the content that is, in your opinion, inappropriate. If any content is reported as inappropriate, we will immediately delete such content from Zenfit.
8. MARKETING AND INFORMATIONAL NOTICES
8.1 Marketing communication. From time to time, we may send you messages, such as newsletters, brochures, promotions and advertisements, informing you about our new services. Please note that you will receive such marketing messages or be contacted by us for marketing purposes only if:
- We receive your express (“opt-in”) consent to receive marketing messages; or
- We decide to send you marketing messages about our new services that are closely related to the services already used by you through Zenfit.
8.2 Opting-out. You can opt-out from receiving marketing messages at any time free of charge by clicking on the “unsubscribe” link contained in any of the messages sent to you or contacting us directly.
8.3 Informational notices. From time to time, we may send you informational notices, such as service-related, technical or administrative emails, information about Zenfit, your privacy and security, and other important matters. Please note that we will send such notices on an “if-needed” basis and they do not fall within the scope of direct marketing communication that requires your prior consent.
9.1 We take appropriate security measures, such as encryption and secured networks, to protect the information we store on Zenfit against unauthorized access.
9.2 Avoiding phishing and scam. Phishing is an online scam that aims to trick someone into giving up their personal data, such as credit card numbers, social security/national ID numbers, or other financial data. Usually, when scammers have that information, they will then use it to steal your money, property or identity. You agree not to disclose any financial information through Zenfit, unless required by us to process your payment, or make any wire transfers to other users of Zenfit outside Zenfit. Remember that Zenfit will never ask you for your password, email address, or other information related to your Account.
9.3 By using Zenfit, you are solely responsible for your interactions with other users of Zenfit. You acknowledge and agree that we do not conduct any checks of the qualifications, certification, skills, and background of Zenfit users. We make no representations or warranties as to the conduct of Zenfit users.
9.4 Security incidents. Given the nature of communications and information processing technology and the Internet, we cannot be liable for any security incidents, cyber attacks, data breaches, and unlawful destruction, loss, use, copying, modification, leakage, and falsification of any personal data caused by circumstances that are beyond our reasonable control. In case a security incident occurs, we will inform relevant authorities without undue delay and immediately take reasonable measures to mitigate the incident, as required by the applicable law. Our liability for any security incidents will be limited to the highest extent permitted by the applicable law.
10. INTELLECTUAL PROPERTY
10.1 Our Content. Most of the content made available on Zenfit, excluding Your Content, is owned by us, our partners, agents, licensors, vendors, and/or other content providers (“Our Content”). Our Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks and trade names. Our Content is protected by the applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorization from us, to:
- Copy, distribute, and make available Our Content to third parties;
- Disassemble, make alterations, decompile, reverse engineer, translate, and adapt Our Content;
- Distribute, rent, loan, use, lease or attempt to grant other rights to Our Content to third parties; and
- Use any manual or automated means to scrap any content available on Zenfit.
10.2 Third-party intellectual property. Some of the intellectual property assets, such as Your Content and trademarks, featured on Zenfit may be owned by the users of Zenfit and other third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors.
10.3 Copyright infringement claims. We respect intellectual property rights. If you have any grounds to believe that any content made available through Zenfit violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content (our contact details are available at the end of the Terms). We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you SIGN it and include the following information:
- Identification with sufficient detail of the copyrighted work that you believe has been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Your contact details allowing us to respond to your claim;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
10.4 Sponsored content. You acknowledge that, unless we are required by law to do so, we may not identify sponsored content or commercial communications.
11.1 We put reasonable efforts to ensure that Zenfit is always accessible to you. However, the availability of Zenfit may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, or force majeure events. We take no responsibility for the unavailability of Zenfit caused by such factors.
12. DISCLAIMER OF WARRANTIES
12.1 We provide Zenfit on “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of Zenfit and hereby disclaim all warranties regarding Zenfit and its operation.
12.2 We strive to ensure the services provided through Zenfit are as effective as possible. However, because of the subjective nature of such services, we do not warrant that any content provided through Zenfit (e.g., the meal and workout plans created by the Trainers) will be effective or meet your needs and expectations. By using Zenfit, you agree that Zenfit is provided on a recommendation basis and you are solely responsible for your personal fitness progress while using Zenfit and we shall not be liable in any manner for your personal progress.
12.3 It is your sole responsibility to verify and assess the fit for the purpose of Zenfit prior to using it and to decide whether or not Zenfit fits for the intended use.
12.4 By using Zenfit, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
12.5 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
13. LIMITATION OF LIABILITY
13.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of Zenfit or any content made available through Zenfit, including, but not limited the content provided by the Trainers. You agree not to hold us and the Trainers liable in respect of any losses arising out of any event or events beyond our reasonable control.
13.2 We will not be liable to you for any indirect or consequential losses, which may be incurred by you in relation to Zenfit, such as:
- Any health issues experienced by you as a result of your use of Zenfit, including following any instructions, videos, plans, or other materials provided by the Trainers;
- Direct and indirect loss of profits;
- Loss of goodwill or business reputation;
- Loss of opportunities; and
- Loss of data suffered by you;
13.3 We will not be liable to you for any loss or damage, which may be incurred by you as a result of:
- Any reliance placed by you on the completeness, accuracy or existence of any interaction carried through Zenfit, content, information, recommendations, or advertising featured on Zenfit, or as a result of any relationship or transaction between you and the Trainers, the Clients, any other users of Zenfit, advertisers or sponsors whose content appears on Zenfit;
- Any changes which we may make to Zenfit, or for any permanent or temporary cessation in the provision of Zenfit or any features thereof;
- The deletion of, corruption of, or failure to store any of Your Content and other communications data maintained or transmitted by or through Zenfit;
- Your failure to provide us with accurate Account information;
- Your communication and relationships with the Trainers, the Clients, other users of Zenfit; and
- Your failure to keep your login details to your Account secure and confidential.
13.4 This Section 13 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
14.1 You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of Zenfit, or your violation of any law or the rights of a third party.
15.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
16. GOVERNING LAW AND DISPUTES
16.1 Governing law. These Terms shall be governed and construed in accordance with the laws of Denmark, without regard to its conflicts of law provisions.
16.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with the Company. If the dispute cannot be not resolved by means of negotiation, the dispute shall be submitted to the exclusive jurisdiction of the courts in Copenhagen, Denmark. This Section 16 does not affect any statutory rights that you are entitled to as a consumer.
17.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us or until you stop using Zenfit.
17.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on Zenfit. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of Zenfit, or our business practices. We will send you a notification (if we have your email address) about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing these Terms. Your continued use of Zenfit after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through Zenfit at any time, at our sole discretion.
17.3 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:
- Send the user a formal warning;
- Temporary suspend your Account;
- Delete you Account;
- Temporarily or permanently prohibit your use of Zenfit;
- Report you to the relevant public authorities; or
- Commence a legal action against you.
17.4 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting the Account, cancelling the Fees, and stopping to use Zenfit.
17.5 Merger or acquisition. In the event the Company, during the term of these Terms, is acquired, merged, or sells all or substantially all of its assets, these Terms shall not automatically be terminated, and the Company agrees to use its best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
17.6 Entire agreement. These Terms, together with the documents referred to therein, represent entire agreement between you and us regarding your relationship with us and govern your use of Zenfit.
Any of your questions and notices regarding these Terms should be sent to us by using the following contact details:
Postal address: Zenfit ApS, Nyelandsvej 34, 4nd 2000 Frederiksberg, Denmark
Company registration number: 37085960
Phone: +45 93 93 45 93 (Denmark) and +1 646-611-2818 (USA)