MOBIFITNESS TERMS AND CONDITIONS

• "General Conditions" means these terms and conditions.
• "Rules of Use" means the rules of use that must be respected by all Users contained in these General Conditions.
• "Terms of Service" means these T&C, the Privacy Policy and the Cookies Policy.
• "End Users" means customers of Professional Users.
• "Professional Users" means the centers and professionals using Mobifitness products.

Introduction

Mobifitness is a technology development company that owns the software with online support (SaaS) and mobile applications (App) Mobifitness and Trainer. With these computer developments, Mobifitness seeks to facilitate to Professional Users the management of reservations, customer CRM, generation of schedules, agendas, calendars, among others. Through our products, Professional Users can manage the reservations, payments and purchases of their End Users. Any User who is registered in Mobifitness, will receive a username and password in accordance with the provisions of these Conditions.

These General Conditions apply to the provision of services by Mobifitness and regulate the access and use of the online software and mobile application by Users. Please read these General Conditions carefully before contracting the services of Mobifitness. By making your contract, you agree to be bound by these Conditions.

Mobifitness may unilaterally change any part of the Terms of Service without notifying Users in advance to reflect any regulatory changes, changes in the characteristics and prices of the products and/or services offered in them or for any other reason. In any case, the modifications will be published on the website to facilitate Users' reading and consultation at all times.

Once the updated Terms of Service are in effect, you will be bound by them if you continue to use Mobifitness.

The purpose of these General Conditions is to regulate the use that Users make of the online software and mobile application Mobifitness.

The relationship between Professional Users and End Users is unrelated and independent of Mobifitness and, consequently, does not bind the company in any way. Mobifitness is not responsible under any circumstances for the provision of the services of Professional Users to End Users or for the fulfillment of the obligations that exist between them, even if they are formalized through Mobifitness products. Professional Users must adequately inform End Users of their status as providers of the services offered.

Contracting procedure for Professional Users

The use of Mobifitness, through the corresponding registration, attributes the condition of User. The User must accept from said registration the General Conditions reflected here. For registration, the Mobifitness software will request from the Professional User the minimum necessary and essential data, which will be treated in accordance with the Mobifitness Privacy Policy.

Access to the Mobifitness Management System by Professional Users will be carried out remotely through the Internet using a self-generated user and password and that can then be modified by the Professional User, being solely responsible for its custody and proper use.

Mobifitness offers Professional Users the use of its products and services for fifteen (15) days free of charge and without commitment. Once the trial period is over, the Professional User may contract the Mobifitness service. If, on the other hand, at the end of the trial period, the Professional User does not proceed to contract the service, the relationship with Mobifitness will be terminated and, therefore, will not be able to continue accessing his Mobifitness account.

The process of the cancellations of the Professional Users will be carried out in accordance with the provisions of the section [Subrogation of Professional Users].

The Professional User undertakes to:

• Verify and verify that the services offered through Mobifitness products comply with the applicable regulations and that in general in the provision of services it complies with the administrative requirements that may apply.
• Ensure the adequate provision of services in the time and manner indicated in the offer published in Mobifitness products and respect the published price for such services.
• Comply at all times with data protection regulations in relation to end users and employees.

The services offered by Mobifitness must comply at all times with the Rules of Use.

Usage rules

The Professional User who wishes to publish an offer of services must take into account that with the publication of the ad he is issuing an offer of services that will be binding as soon as it is accepted by an end User. The Professional User will be responsible for the accuracy, content and legality of the published offer.

For the purpose of publishing an offer, the Professional User must fill in and complete the various boxes with the required information. By way of illustration, you must fill in a box with the final price (including the applicable VAT) and invariable of the service, the description of the service, the cancellation policy and if the service requires an advance payment. Once an End User proceeds to make a reservation of a service offered by the Professional User, he must comply with the conditions indicated in the offer and guarantee that the End User will be able to attend and enjoy said service. Mobifitness is completely unrelated to the contractual relationship established between the End User and the Professional User.

Users must comply with the following rules of use:

• Do not use Mobifitness products in any way, for purposes, in a way or with effects contrary to the law, morality and generally accepted good customs or public order.
• Do not use Mobifitness products except for your personal use and do not sell, assign, or transfer the account.
• Do not perform acts that may violate any intellectual or industrial property rights belonging to Mobifitness.
• Do not reproduce, copy, record, share, communicate, distribute, allow access to the public through any modality of public communication, transform or modify the content published in Mobifitness products or create works derived from any content.
• Don't pretend to be another person or organization.
• Do not use disrespectful or offensive language or use the platform to intimidate, harass or threaten anyone.
• Do not present, cite and recommend companies or web portals that are not owned by the Professional user.
• Do not upload, post, display or share any content that:
  • contains or refers to personal data or information of any person;
  • show, include or refer to any person if their express consent has not been obtained;
  • advertises or advertises goods, services or image of third parties;
  • is illegal, fraudulent, defamatory, discriminatory, threatening, harassing, that encourages or promotes violence or any illegal activity;
  • display, promote or refer to pornography, violence in any form, drugs, weapons, escatological material or similar content;
  • contains, promotes or refers to any hate speech against any individual or collective;
  • promotes or is related to commercial activities or sales of third parties.
• Do not use or participate in misleading behaviors or that may mislead any User.
• Do not pretend to be Mobifitness or its employees or other User.
• Do not knowingly introduce into Mobifitness products any element that could be malicious, such as viruses, Trojans, etc.
• Do not try to discover the source code of Mobifitness products in any way.

Violation of these rules of use may result in the suspension of access to the use of Mobifitness products. In this case, Mobifitness will inform the User of the suspension of his access and the reasons for such suspension. Mobifitness will in any case observe the rights of the Users in accordance with the applicable regulations.

Evaluation of services and user comments

All Services reserved through Mobifitness may be valued by the End User, in the parameters determined by Mobifitness at all times.

Payment between End Users and Professional Users

Professional Users are responsible for setting the prices of the services they offer to End Users through Mobifitness, also corresponding to their billing or issuance of the relevant ticket, in accordance with the regulations relating to the billing obligations that are applicable. Compliance with the tax obligations arising from the receipt of payments from End Users is the sole responsibility of Professional Users.

By using Mobifitness, the Professional User agrees to comply with all regulations that apply to him and undertakes to report the receipt of all charges obtained in relation to the use of Mobifitness to the competent tax authority. Professional Users are advised to seek professional advice to ensure that they comply with all applicable tax rules.

The terms of the payment and charge policy for the provision of the services contracted through Mobifitness will be clearly indicated in the offer published by the Professional User.

The Professional User may charge the End User at the Professional User's own facilities, through the payment method it deems appropriate.

In the event that the Professional User cancels a service that had been booked and paid for by an end User, he must return to said User any amount charged corresponding to said canceled service or pay it in the form of the same service or similar on another date if the final User agreed.

Cost of the service

The cost of Mobifitness products and the contracting deadlines, as well as their extensions, will be indicated in a timely manner to the Professional User prior to their hiring, in accordance with the rates published on the website www.mobifitness.es. Payment will be prior to the granting of access to Mobifitness products. And the payment method will be the one that the Professional User selects from among the options proposed by Mobifitness.

Non-payments

In the case of non-payment by the Professional User, Mobifitness reserves the right to cease the provision of the service if, after seven (7) calendar days from the first non-payment, said fee will continue to be pending payment. In this case, Mobifitness may proceed to block the access of the Professional User to the online software, as well as to the application or mobile applications and the rest of the Mobifitness products. Without prejudice to this blocking, the Professional User may download the personal data for which he is responsible. For these purposes, you should contact Mobifitness at the email address hola@mobifitness.es.

The Professional User must proceed to make the payment of the unpaid fee within a maximum period of fifteen (15) calendar days from the beginning of the block, in case of not proceeding to make said payment, Mobifitness reserves the right to terminate the contractual relationship established with the Professional User and, where appropriate, to initiate the legal actions that correspond to him in law. Once the contractual relationship between the Professional User and Mobifitness in the face of this case of non-payment, all authorization for Mobifitness as data processor to access the personal data for which the Professional User is responsible will cease. So, in compliance with data protection regulations, Mobifitness will proceed to delete the personal data processed on behalf of the Professional User.

Low

Professional Users may request their cancellation as Mobifitness users by communicating it to the company.

In relation to the personal data for which the Professional User is responsible and to which Mobifitness accesses in its capacity as data processor, Mobifitness will proceed to return the data according to the instructions that the Professional User sends to Mobifitness.

Intellectual property and license of use

Mobifitness is the owner of the management software, the mobile applications and associated widgets, its manuals and any other related material, as well as, by way of example and not limitation, the contents accessible through the mobifitness.es website, Mobifitness and its app, brands and other distinctive signs. The industrial and intellectual property rights associated with said intangible assets are owned by Mobifitness who corresponds to the exclusive exercise of the rights of use and exploitation in accordance with the applicable regulations.

The license to use the Mobifitness software and mobile application is granted to the Professional User on a non-exclusive and non-transferable basis for the same duration as the contracted plan. In any case, this license of use is limited to allowing the Professional User the use and enjoyment of Mobifitness products in the contracted terms. It is expressly forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate them or part of them, to reverse engineer the source code of the Mobifitness software and its mobile application. It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, publish content or distributor in any way the whole or part of the content included in the site www.mobifitness.es, the Mobifitness software and its mobile applications, for commercial purposes or of any other nature, if there is no express written authorization from Mobifitness or, where appropriate, of the owner of the corresponding rights.

Once the relationship between Mobifitness and the Professional User has ended, any license or authorization of use granted by Mobifitness to the Professional User under these Conditions will immediately cease.

Updates and technical support

Mobifitness will adapt its products according to those modifications or updates that it deems necessary or convenient. Updates will be applied automatically as set by Mobifitness.

Mobifitness does not guarantee the permanence of the current functionalities of the software in the same state in which they are currently, being able to make at all times the updates or modifications that it deems appropriate.

Mobifitness attends queries regarding the operation and operation of the Mobifitness software through an email service at hola@mobifitness.es

Mobifitness's obligations are:

1. Allow the Professional User to use the online software and mobile application as well as the rest of the Mobifitness products for the achievement of the purposes described in the third section of these conditions and in the particular conditions.
2. Allow the Professional User to access the information available to Mobifitness about the appointment reservations made by the Users.
3. Show in Mobifitness products the information entered by the Professional User as well as those modifications that may be made by him.

The obligations of the Professional User are:

1. Keep your Professional User profile updated by rectifying, if necessary, your personal data, name or company name, NIF, address, bank details or any other data required by Mobifitness, in addition to keeping the prices, sessions and services offered, updated.
2. Pay the fee corresponding to the contracted plan, within the agreed period and manner.
3. Receive and attend to any kind of claims from third parties related to the services provided by the Professional User as well as those related to the updating of the prices and services published.
4. The Professional User must also have all the property rights, intellectual or industrial property with respect to the contents published and marketed through Mobifitness.
5. The Professional User must indicate his policy of changes, cancellations and returns, so that the End User can know this policy before making the payment. Inform the End Users in a timely manner of his privacy policy.
6. The Professional User must attend to the User's requests for cancellation, refund or change of the contracted service in accordance with the cancellation, change, refund and return policy that he had published, observing, in any case, the provisions of these general conditions regarding the return policy against the End Users.
7. Provide the End User with the invoice, ticket, or tax document that must be generated as a result of the acquisition by the End User of the service or voucher redeemable for the services provided in the Professional User center, with expression of the total amount, without deduction of the commission invoiced by Mobifitness, and VAT, if applicable.
8. Have all the necessary administrative permits and authorizations in force.
9. Use Mobifitness products for lawful purposes and in compliance with current regulations; in particular and without limitation, use them in accordance with the provisions of Law 11/2021, of July 9, on measures to prevent and combat tax fraud and with the tax regulations in force at all times.
10. Make diligent use of the content and services accessible from Mobifitness products.

Responsibilities

Mobifitness will ensure, to the extent reasonably possible, and within the limitations established in these Conditions, the proper functioning of the software. However, Mobifitness will not be responsible for possible interruptions in access that occur due to reasons beyond its control, such as incidents in communication networks, program maintenance tasks, incident resolution, among others; although it will take the greatest diligence to ensure that they do not occur. Regarding those scheduled or known interruptions, Mobifitness will notify the Professional User with reasonable notice, declining any responsibility for the impossibility of access to the software by the Professional User.

Mobifitness is a mere provider of intermediary services and therefore will not be responsible for the content that the Professional User may host in his account. Any damage that may be caused to third parties by the contents or information hosted by the Professional User in Mobifitness products will be the full responsibility of the Professional User. Mobifitness will act with due diligence as soon as it becomes aware of the infringement of third party rights.

Mobifitness is not part of the contractual relationship established by each of the Professional Users with their corresponding End Users, so it will not be responsible to said End Users. The Professional User is solely responsible for fulfilling his obligations towards the End Users. By way of example and not limitation, Mobifitness will not be responsible for the adequate provision of the services offered by the Professional User, even when using the Mobifitness software for the management of reservations, agendas and end users, without prejudice to what is established in these conditions regarding the return policy.

Mobifitness does not exercise any control over the content that Professional Users may publish nor assumes any responsibility for such content or has any obligation to supervise or monitor it. The Professional User is solely responsible for the content he makes public.

Likewise, and in the case of a claim by the End User, the Professional User exonerates Mobifitness from any responsibility. In this sense, the Professional User declares to know that, if the End User is made a claim against Mobifitness, it will be directed by Mobifitness to the Professional User for the purpose that it can carry out its claim.

The Professional User accepts and acknowledges that the claims that the User may make regarding the quality or diligence in the provision of the service provided by him will be assumed by the Professional User.

Likewise, the Professional User claims to know that the software is not designed to meet their particular needs but is intended for the fulfillment of a general purpose. It is not guaranteed that the benefits of the program are those that, in the opinion of the Professional User, should be fulfilled, or that they respond to particular needs of the same.

Prohibitions

Any use other than the purpose of the Mobifitness products indicated in these conditions is prohibited, and the Professional User must be responsible for the damages caused as a result of the breach of any of the obligations included in these conditions.

The total or partial reproduction of Mobifitness products, even for personal use, by any means and in any form, permanent or transient; the translation, adaptation, arrangement or any other transformation and reproduction of the results of such acts and any form of public distribution, including the rental of the software or any assignment of use to unauthorized third parties or reverse engineering to Mobifitness products, is prohibited.

These acts constitute an infringement of Mobifitness's exploitation rights, and may constitute a crime against intellectual property.

Data Protection

The data provided by Professional Users in their condition as Mobifitness customers are processed in accordance with the provisions of the Mobifitness Privacy Policy, published at https://mobifitness.es/politica-de-privacidad.php

The provision of the services covered by these Conditions and the particular conditions by Mobifitness to Professional Users entails access by Mobifitness to personal data for which the Professional User is responsible. In this sense, in compliance with data protection regulations, Mobifitness and the Professional User must sign the contract in charge of the treatment that Mobifitness makes available to Professional Users at the time of their registration. This contract contains the instructions that Mobifitness must follow for the purpose of processing personal data on behalf of the Professional User.

From Mobifitness products it is possible that End Users and Professional Users can access and update their profile information, both through the web application and through the mobile application. These changes will take effect immediately once they are saved and will be received by Mobifitness to take them into account in later uses.

Nullity and ineffectiveness of clauses

If any clause that has been included in these Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect said provision or, where appropriate, the part of it that is null or ineffective, such provision being considered totally or partially not included, being enforceable the other agreements included in the Conditions.

Applicable legislation and jurisdiction

These Conditions will be governed and interpreted in accordance with Georgian legislation in what is not expressly established.

For the resolution of any contentious issue between Mobifitness and the Professional User derived from the interpretation, execution or compliance with these conditions, the courts and tribunals of the city of Tbilisi will be competent, expressly waiving any other jurisdiction that may correspond.

IE EKATERINA TERENTEVA
Identification Number: 306493229
Bank of Georgia, SWIFT: BAGAGE22; 29a Gagarin street, Tbilisi 0160, Georgia
Account: GE80BG0000000604615211