Terms of Use and Terms of Purchase

Subscriptions

FitKit offers several subscription packages (S, M, L, XL), which provide access to different scopes of services and the use of credits, in accordance with the terms of the selected subscription.

Information on the subscription fee, the number of credits included in each subscription, and the daily and monthly limits for using services is publicly available and regularly updated on the official FitKit website and in the mobile application.

FitKit reserves the right to modify the subscription package offering, the prices and the credit system, whereby all changes will be published in a timely manner on the website and shall apply from the moment of their publication.

Payment Details

• If a payment is not successful, the User's access to the services will be blocked until a successful transaction is made within the next 30 days.
• If the User wishes to move to a higher subscription fee package, the amount already paid from the lower package cannot be topped up - the User must pay the prescribed fee for the upgraded package, which activates immediately.
• If the User wants to move to a package with a lower subscription fee, they must first cancel the current package in the settings menu; it remains active until the end of the current month, after which the User can move to the lower package.
• If the User subscribes on the last day of the current month, any subsequent charges will occur on the last day of the month.

Rules of Conduct and Protection Against Misuse

A single profile, or a single user, can be logged in exclusively on one device at a time. This rule also applies when the profile is used to access the services by the User's minor child.

If a profile (user) changes device more than twice within 30 days, on the third attempt the User will receive a warning that changing a device more than twice is not allowed. If the User nevertheless changes the device a third time within one month, the profile will be blocked.

The User expressly confirms that they are aware of and agree to pay a contractual penalty to FitKit in the amount of five times the amount of money that the service provider will charge FitKit, as a result of misuse of the FitKit application contrary to these Terms, especially in the case of: misusing the booking, check-in, or validation process (including presenting or sharing screenshots, outdated confirmations, expired reservations, or invalid check-in screens); sharing login credentials with third parties (applies to employees of companies without written permission to share the benefits); or use of subscriptions (S, M, L, XL) by multiple people.

Abuse or use of the FitKit application contrary to these Terms is not considered when the services reserved through the User's profile are used by the User's minor child.

In-App Credits

A credit is the currency we use in the FitKit application. Each location, service, or activity has a certain value in credits and, with each reservation, booking, or donation, a certain number of credits is deducted from the User's selected package.

Each monthly credit package is valid for 30 days. Unused credits after the 30th day are deleted and cannot be used again, unless FitKit has a current promotion for which FitKit will change this pricing policy during that promotion period.

The User can purchase different credit packages through the FitKit application using a debit or credit card. Information on available credit packages, their price, scope, validity, and conditions of use is publicly available and regularly updated on the official FitKit website and in the FitKit mobile application.

1. Acceptance of the Terms of Use and Terms of Purchase

By using the mobile application, the User accepts the Terms of Use and Terms of Purchase (defined below).

2. About the Application

The application is a systematically developed platform that enables Users to access information about fitness, wellness, recreational, online, charity, and other available services, make reservations or bookings, and use services offered by FitKit's service providers.

Depending on the type of service or activity, attendance or use of the service may be recorded and confirmed through different methods, including check-in at the location, automatic validation through the FitKit system, or, in exceptional cases such as monthly memberships, code generation.

The application is available for download on the App Store and Play Store.

3. User Profile

The User may register and maintain only one profile intended for personal use. This profile may also be used by the User to register for training/exercise attendance and to reserve appointments for their minor child. The User is required to update the data in their profile. The User agrees that FitKit has no responsibility for any incident that may arise or be related to the user's profile. The User is solely responsible for maintaining the security of their profile.

The user profile is not transferable and should not be shared or sold to another person. Any violation of these Terms may result in the deactivation of the profile without prior notice. A deactivated or removed profile loses paid subscriptions. The user creates their own username and password and is solely responsible for keeping them confidential and secure.

4. Using the Application

As a prerequisite for using the application, the User agrees that they are at least 18 years old; that use of the application will at all times be in accordance with these Terms; that purchased packages are only for the personal use of the User or their minor child through the same user profile; and that FitKit may use the User's email address to send promotional offers exclusively in the context of the services available on the FitKit application.

Only the Service Providers are responsible to the Users for the quality of the services offered.

5. Terms of Purchase

Service Users can purchase subscriptions, credit packages, or other available FitKit services through the FitKit application only if they have a registered account.

The application uses a secure virtual payment system supported by Stopanska Banka AD Skopje. When making payments, you can save your payment card details for future purchases with your explicit and clear consent, provided by checking a designated box before completing the transaction.

For subscription payments, activating the subscription gives consent for the storage of payment data in the form of a token, necessary for automatic and recurring charging in accordance with the selected package. You have the right to withdraw this consent at any time, after which all saved payment card data will be deleted.

FitKit does not store the full card number (PAN), CVV/CVC code, or expiration date on its servers. For secure processing, we collaborate with a specialized Payment Service Provider (PSP). FitKit only stores a unique reference (token) from the PSP, along with the last 4 digits of the card number and its type (e.g., Visa, Mastercard).

For most electronic transactions, Strong Customer Authentication (SCA) is applied using at least two independent factors, to provide additional security and protect you from unauthorized transactions.

FitKit does not guarantee, nor is responsible for, the description of offers provided by Service Providers, or for any complaints related to the quality of the offer. FitKit is not responsible if a Service Provider refuses to provide a service to a minor child of the User, even if the service was booked through the User's profile.

FitKit may refuse to process a purchase or cancel a completed purchase if reasonably necessary under applicable law or to respond to misinterpretation, fraud, or potential violations of law or these Terms. If a particular offer becomes unavailable, FitKit will cancel the purchase and notify the User by email.

Depending on the type of activity or service, booking, reservation, donation, attendance, or use of the service may be confirmed through check-in at the location, automatic validation through the FitKit system, or, in exceptional cases such as monthly memberships, by generating and presenting a code to the Service Provider.

6. Use of Booked Services and Validation of Attendance

The User is obliged to use the booked service in accordance with the selected activity type, the scheduled or agreed time, the location of the Service Provider, and the applicable rules displayed in the FitKit application.

For activities requiring physical presence and check-in, the User must complete the check-in through the FitKit application upon arrival and may be required to show the successful check-in confirmation screen together with their profile (correct name and photo) for identification purposes.

For activities automatically validated through the FitKit system (certain online, charity, adventure, or other applicable activities), no check-in or validation is required unless otherwise stated in the application. For monthly memberships and other exceptional cases where codes are generated, the User must show the generated code to the Service Provider where applicable.

If the User does not complete the required check-in, does not show the required confirmation screen or generated code where applicable, or does not show their profile with the correct name and photo for identification, the Service Provider has the right to refuse the User (or their minor child) use of the service.

The User is obliged to respect the scheduled or agreed time and place of the activity and to bring appropriate equipment where required, otherwise the Service Provider may refuse the booked service.

For activities where the User first arranges an appointment directly with the Service Provider and then books through FitKit, the reservation remains active for 30 days from the moment of booking unless otherwise stated. If the User does not complete the required check-in or use the service within this period, the reservation expires.

For activities booked for a specific date and time slot, the activity may be used only within that booked slot, subject to the check-in time window and other applicable FitKit rules. If the User does not attend and does not complete the required check-in, the reservation is no longer available for use.

7. Refund and Subscription Pause Policy

The User may submit a request for a refund ("Refund Request") to FitKit by email at [email protected], with a detailed explanation of why the request is being made. FitKit has complete discretion to decide whether a submitted Refund Request will be accepted.

In case of acceptance, FitKit will retain from the total amount paid: the corresponding amount for the period during which the subscription was active, and 30% as an administrative fee covering the cost of processing the Refund Request, including customer support and finance staff time.

In case of rejection, FitKit is under no obligation to provide a reason. If the User has provided credible evidence of a specific medical reason for the Refund Request, FitKit may instead allow the User to pause the subscription, resumable once the medical reason no longer exists.

8. Challenge and Gift Giving Program

FitKit Users may participate in the FitKit Challenge and Gift Giving Program ("Program"), centered around daily and monthly challenges established by FitKit. Through fulfilling these challenges, Users may collect points and gain gifts.

Participation is open to all registered FitKit Users at no cost. Users collect points only by successfully completing challenges and selecting the point collection option in the application. Monthly gym/app memberships are excluded from the Program and do not allow point accumulation.

At the start of each month, FitKit announces that month's gift in the application. The User who collects the highest number of points during the month receives the gift; in case of a tie, the User who first reached that number of points wins. The top 30 Users by points are publicly displayed on the in-app ranking list for that month, and FitKit separately maintains and publishes an active list of the top 50 Users by points since the Program began.

FitKit will contact the winning User by email to arrange gift collection. If the User does not respond or declines within one week, the gift goes to the next highest-ranked User. A user can receive a gift a maximum of two times per calendar year; on a third first-place finish in the same year, the gift goes to the next highest-ranked user.

Points collected during a month are valid only for that month and reset to zero each month. By participating, Users agree to the Program rules and to the collection and processing of their personal data as described in the FitKit Privacy Policy. FitKit reserves the right to change or terminate the Program at any time without prior notice, and to withhold a gift in case of a rules violation, fraud, or abuse.

9. Protection of Personal Data

FitKit processes the personal data of Users in accordance with the legal regulations for personal data protection in the Republic of North Macedonia, i.e. the Law on Personal Data Protection and its by-laws.

• Identification data: User's first and last name, personal photograph, unique identification number, ID card number, residential address, and telephone number.
• Application usage data: email address, gender, date of birth, and the device location from which the application is used.

10. Copyrights and Trademarks

The application contains protected material, copyrights, and trademarks, including text, software, images, video and graphics. Everything on the application is the exclusive property of FITKIT INTERNATIONAL DOO ([email protected]), which holds the copyright over the selection, arrangement, coordination or modification of the content, as well as the content it originally owns, including photographs taken for the purposes of its offers.

Any copying, distribution, transfer, modification, participation in sale, posting of links, or any other use of the application's content, partially or completely, without the express written consent of FITKIT INTERNATIONAL DOO, is strictly prohibited and may lead to civil and/or criminal proceedings.

The FitKit logo is a registered trademark of FITKIT INTERNATIONAL DOO. All rights in relation to this trademark are reserved. Unless otherwise specified, all other trademarks appearing on FitKit are the property of the Service Providers.

11. Dispute Resolution and Jurisdiction

All disputes arising exclusively in connection with the use of the application will first be attempted to be resolved amicably or through mediation. Where disputes cannot be resolved amicably, the competent court will be the Primary Civil Court Skopje.

FitKit is not responsible for any disputes that may arise between Users and Service Providers. For everything not regulated by these Terms of Use, the applicable legal regulations of the Republic of North Macedonia will apply.