Terms of Use
Last updated: 13 June 2026
1. Purpose
These Terms of Use (the "Terms") set out how the Fitimyze website and application (the "Service"), published by Fitimyze (the "Publisher"), may be accessed and used. By accessing or using the Service, you acknowledge that you have read, understood and unreservedly accepted these Terms. If you do not accept them, you must stop using the Service.
2. Definitions
- Service : the Fitimyze website, web application and mobile applications.
- Coach : any professional or individual who creates an account to build programs and track Athletes.
- Athlete : any person tracked by a Coach, who accesses their program through a private link, without necessarily creating an account.
- Content : any item (programs, exercises, text, data, forms) created, imported or shared through the Service.
3. Access to the Service
The Service is available free of charge until September 2026. After that period, access to certain features may require a paid subscription, under the conditions set out on the Pricing page.
The Service is constantly evolving and may be offered on an experimental basis. The Publisher reserves the right, at any time and without notice, to change, suspend, limit or discontinue all or part of the Service, without incurring liability and without giving rise to compensation. Access to the Service requires equipment and an internet connection, the cost of which remains the user's responsibility.
4. User account
Creating an account requires accurate and up-to-date information. The Coach is solely responsible for keeping their credentials confidential and for all activity carried out from their account. They undertake to notify the Publisher without delay of any unauthorised use. The Publisher cannot be held liable for the consequences of disclosure or fraudulent use of credentials.
5. Relationship between the Coach and their Athletes
Fitimyze is simply a tool made available to Coaches. The Publisher is not a party to the relationship between the Coach and their Athletes and does not intervene in the content of programs or advice given.
The Coach is solely responsible for the programs, exercises, advice and content they design, share or distribute, as well as for their suitability to the health condition and goals of their Athletes. They declare that they hold the skills, qualifications and insurance required for their activity.
Fitimyze is not a healthcare provider and gives no medical, sports or nutritional advice. The Publisher cannot under any circumstances be held liable for injuries, bodily harm, loss or results related to the programs designed by Coaches or to their execution by Athletes.
The Coach warrants that they have informed their Athletes and obtained all necessary consents and authorisations, in particular regarding the protection of personal data, before entering or sharing any data concerning them. The Coach shall indemnify the Publisher against any claim from an Athlete or third party in this respect.
6. User obligations
The user undertakes to use the Service fairly and in compliance with the law. In particular, they must not:
- publish or distribute unlawful, defamatory or misleading content, or content that infringes the rights of third parties;
- impair the operation or security of the Service (intrusion, overload, automated data extraction, reverse engineering, circumventing technical measures);
- impersonate a third party or use the Service for fraudulent purposes;
- reproduce, resell or commercially exploit the Service outside its intended use.
In the event of a breach, the Publisher may remove any disputed content and suspend or terminate access to the Service, without notice or compensation.
7. Intellectual property
The Service, its trademark, code, design and all of its components are the exclusive property of the Publisher. These Terms grant only a personal, non-exclusive, non-transferable and revocable right of use, within the scope of the Service.
The Coach remains the owner of the Content they create. They grant the Publisher a non-exclusive and free licence, for the duration of use of the Service, allowing it to host, reproduce, technically adapt and display this Content for the sole purpose of providing the Service.
8. Availability and no warranty
The Service is provided "as is" and "as available", without warranty of any kind, express or implied, in particular as to uninterrupted availability, freedom from errors or bugs, fitness for a particular purpose, or the retention and integrity of data. The Publisher uses reasonable backup measures, but it is the user's responsibility to keep their own copies of important Content.
9. Limitation of liability
To the fullest extent permitted by law, the Publisher cannot be held liable for indirect damage, in particular loss of data, loss of revenue, customers or opportunity, nor for damage resulting from the use of or inability to use the Service, from Coaches' decisions and programs, or from the behaviour of Athletes and third parties.
Should the Publisher's liability be established, it would be limited to the amount actually paid by the user over the last twelve (12) months. During the free period of the Service, this liability cannot exceed a token amount.
10. Personal data
Personal data is processed in accordance with the privacy policy. For their Athletes' data, the Coach acts as data controller and the Publisher as data processor. Data is hosted in Europe and is never resold.
11. Suspension and termination
The user may stop using the Service and request the deletion of their account at any time. The Publisher may suspend or terminate access, without notice or compensation, in the event of a breach of these Terms or harmful use of the Service. Upon termination, the associated data may be deleted, subject to legal retention obligations.
12. Changes to the Terms
The Publisher may change these Terms at any time to reflect changes in the Service or in applicable regulations. The applicable version is the one in force on the date the Service is used. Continued use after a change constitutes acceptance of the new Terms.
13. Force majeure
The Publisher cannot be held liable for any failure or delay resulting from an event of force majeure within the meaning of article 1218 of the French Civil Code, in particular failures of networks, providers or the hosting provider.
14. Applicable law and disputes
These Terms are governed by French law. In the event of a dispute, the parties will endeavour to reach an amicable solution. Failing that, the French courts will have sole jurisdiction.
15. Contact
For any question regarding these Terms, you can write to contact@fitimyze.com.