Terms and Conditions of Service

Last updated: 2026-08-04 · Version: 3

1. Who we are

The impetus.fit service (the “Platform”) is provided by Daniel Pino, tax ID Y4574773H, with registered address at Barcelona (Barcelona) (“we”, “us” or the “Provider”).

You can write to us at any time at support@impetus.fit.

These Terms govern access to and use of the Platform. By creating an account, accessing or using the service, you agree to be bound by them. If you do not agree, please do not use the Platform.

2. What the Platform is — and what it is not

The Platform is a software tool that lets a personal trainer or fitness centre (the “Trainer”) organise their work: building routines, scheduling appointments, logging workouts, tracking body measurements and communicating with the people they train (the “Athlete”).

We provide the tool. The Trainer provides the coaching service. This distinction matters:

• the Trainer decides which routines, loads, diets and recommendations each Athlete receives, and is solely responsible for those professional decisions;
• we do not supervise, review or validate the content a Trainer creates or assigns;
• the relationship between Trainer and Athlete — including fees, schedules and terms — is outside our scope and governed by what they agree between themselves.

We do not verify the Trainer's qualifications. We do not check or certify their training, qualifications, professional registration, insurance or any administrative authorisations they need in order to practise, and we are not answerable for the quality of the coaching service they provide. Complying with the rules that apply to them — and being able to evidence it on request — is the Trainer's sole responsibility, and they confirm as much when taking out the subscription.

If the Platform assigns you a Trainer. On some plans we assign you a Trainer so that you do not have to find one yourself. That assignment is an organisational convenience and changes none of the above: the coaching service is still provided by that person, on their own account and under their own responsibility, and both exclusions in the preceding paragraphs continue to apply.

The Platform does not provide healthcare services or medical, nutritional or pharmaceutical advice. See clause 7.

3. Accounts and access

An account is required. The Trainer subscribes and creates accounts for their Athletes.

How the Athlete receives access. We send their username and a temporary password by email. That password is single-use: the Platform requires them to replace it with one of their own the first time they sign in, and it must not be shared with anyone. If the Trainer prefers to pass those credentials on by some other means — a messaging app, for instance — they do so themselves, outside the Platform and under their own responsibility.

By registering you agree to:

• provide accurate information and keep it up to date;
• safeguard your credentials and not share them. You are responsible for activity carried out from your account;
• notify us without delay of any unauthorised use you become aware of.

Minimum age. You must be 18 or over to hold your own account. A minor Athlete may only be registered with the verifiable consent of a parent or legal guardian, who becomes the user for these purposes; the Trainer is responsible for obtaining and retaining that consent.

Organisation accounts. Trainers may operate under their own brand and domain. That does not change who provides what: we remain the technical provider of the Platform, as stated in the footer of the legal pages.

4. Subscriptions, prices and payment

Plans. Access is provided on a subscription basis, under the plans and prices published at https://impetus.fit. Prices are shown in euros and include applicable taxes where so indicated.

Billing and renewal. Subscriptions are billed in advance for the contracted period (monthly or annual) and renew automatically for equal periods unless cancelled before the renewal date.

Payment method. Payments are processed by Stripe. We do not store full card details: they are held by the payment provider in line with industry standards.

Cancellation. You may cancel renewal at any time from your account or by writing to us. Cancellation takes effect at the end of the period already paid for: you keep access until then and are not charged again.

Non-payment. If a charge is declined we will notify you and retry the charge for as long as our payment provider allows. Throughout that period you keep normal access. If we still cannot collect, we may suspend access to the account after notice. Suspension does not delete your data (see clause 13) and is lifted as soon as payment is brought up to date.

Price changes. We may change prices, giving at least thirty (30) days' notice by email. The new price applies from the next renewal; if you do not accept it, you may cancel before that date.

Free trial. Where a trial is offered, its terms and duration will be stated at sign-up. Unless expressly stated otherwise, at the end of the trial the subscription continues as paid unless cancelled beforehand.

5. Refunds

This is the full refund policy, and it comes down to one sentence: subscriptions are paid in advance and the period already started is not refunded, except in the cases set out below.

If you cancel. Cancelling stops the renewal; it does not refund what has already been charged. You keep access until the last day of the period paid for, so you lose nothing you contracted. No pro-rata refunds are given for stopping use early.

When money is refunded:

• if you exercise the right of withdrawal as a consumer under clause 6;
• if we cancel or suspend your account for reasons not attributable to you: the proportionate part of the period paid for and not used is refunded (clause 15);
• if there is a duplicate or erroneous charge caused by us or by the payment provider: refunded in full, no questions asked;
• if an outage attributable to us makes the Platform unusable for more than seventy-two (72) consecutive hours within a billing period: the proportionate part of those days is refunded on request.

When it is not refunded:

• not having used the service, or having used it less than expected;
• forgetting to cancel before renewal, where notice and the option to cancel were available in the account;
• suspension or closure for breach of these Terms or for non-payment;
• failures outside the Platform: your connection, your device, or third-party services you chose to connect.

How to request one. Write to support@impetus.fit from the account's email address, stating the reason. We reply within a maximum of fourteen (14) calendar days. Approved refunds are issued to the same payment method used for the purchase; how long it takes to appear depends on your bank.

Free trial. During a free trial there is no charge and therefore nothing to refund. Simply cancel before it ends.

6. Right of withdrawal (consumers)

If you contract as a consumer (a natural person acting for purposes outside their trade or profession), you have fourteen (14) calendar days from contracting to withdraw without giving any reason, under EU consumer protection law.

To exercise it, simply tell us at support@impetus.fit by any means that leaves a record.

Important — loss of the right: as this is a digital service supplied immediately, if you request that the service begin during the withdrawal period and expressly acknowledge this at sign-up, you will lose the right of withdrawal once the service has been fully performed, or you will pay an amount proportionate to what has been supplied if you withdraw during performance.

Most subscribers contract as professionals (practising trainers), in which case this right does not apply.

7. Health, physical exercise and absence of medical advice

Please read this clause carefully: it is the most important one for your safety.

The Platform is an organisation and record-keeping tool. Neither the Platform nor its content constitutes medical advice, diagnosis, treatment or prescription of any kind.

• Before starting any exercise programme or dietary change, consult a healthcare professional, particularly if you have or have had any medical condition, are pregnant, take medication, or have any doubt about your health.
• Physical exercise carries inherent risks, including injury. By using the Platform you acknowledge those risks and accept responsibility for training within your capabilities.
• If you feel pain, dizziness, breathing difficulty or any unusual symptom, stop and seek medical assistance.
• The figures the Platform provides — energy expenditure, body-fat percentage, body mass index, macronutrient targets and the like — are estimates based on published population formulas, with known margins of error. They are not clinical measurements and do not replace professional assessment or diagnostic testing.

8. Artificial intelligence features

Some features generate content automatically using third-party artificial intelligence models: suggested routines, meal plans, progress analysis and the conversational assistant.

You should be aware that:

• automatically generated content may contain errors, inaccuracies or recommendations unsuitable for your particular case;
• it is offered as a draft and starting point, never as professional guidance. It is for the Trainer to review it, correct it and decide whether to assign it;
• to generate that content, strictly necessary data is sent to our providers. Details are in the Privacy Policy;
• we do not guarantee continuous availability of these features, which depend on third-party services.

9. Acceptable use

When using the Platform you agree not to:

• use it for unlawful purposes or contrary to good faith;
• impersonate another person or access accounts that are not yours;
• upload content infringing third-party rights or that is offensive, discriminatory or unlawful;
• upload third parties' health data without their consent;
• attempt to access restricted areas, circumvent security measures, reverse-engineer, or extract data in bulk (*scraping*);
• interfere with the service, overload it, or distribute malicious software;
• resell, sublicense or commercially exploit the Platform without our written authorisation.

Breach of this clause may result in immediate suspension of the account, without prejudice to any legal action.

10. Content and intellectual property

Ours. The software, design, trade marks, documentation and other elements of the Platform belong to us or our licensors and are protected by intellectual and industrial property law. We grant you a limited, non-exclusive, revocable and non-transferable licence to use the service under these Terms while your subscription is active.

Yours. Content you create or upload — routines, your own exercises, notes, photographs, measurements — remains yours. You grant us only the licence needed to host, process and display it in order to provide the service, including transmission to the providers strictly required for that purpose.

Third-party content. Where you link to or embed third-party material (for example, videos hosted on external platforms), it is for you to ensure you are entitled to do so.

11. Data protection

The processing of personal data is governed by the Privacy Policy, which forms an inseparable part of these Terms and is available at `/privacidad`.

In summary, without replacing that document:

• in relation to Athletes' data, the Trainer acts as data controller and we act as processor, providing the service on their instructions;
• special categories of data (health data) are processed, on the basis of the data subject's explicit consent;
• data is hosted on European Union infrastructure, and any international transfer relies on the safeguards provided for in the GDPR.

12. Third-party services

The Platform relies on external providers — including cloud hosting, payment processing, email delivery, artificial intelligence models and, if you choose to connect them, fitness devices and services such as WHOOP or Polar.

Connecting an external device or service is always voluntary and requires your specific consent. Those third parties have their own terms and policies, which we encourage you to read. We are not responsible for the availability or operation of services we do not control.

13. Availability, changes and data retention

Availability. We take reasonable steps to keep the service continuously available, but we do not guarantee uninterrupted availability. There may be downtime for maintenance, updates or causes beyond our control. Where planned, we will give advance notice whenever possible.

Service evolution. We may add, modify or withdraw features. If we withdraw a material feature of your plan, we will give reasonable advance notice.

Backups and retention. We take regular backups. Even so, we recommend that you export and keep any information you consider critical: the Platform allows reports and documents to be downloaded.

On termination. After an account is closed we retain its data for thirty (30) calendar days, during which you may request its recovery or export. After that period it is securely deleted, except for data we are required to keep by law (for example, invoicing records) and for as long as the law requires.

14. Liability

We are liable for damage caused by our wilful misconduct or gross negligence, and for anything the law does not permit us to exclude — in particular, death or personal injury caused by our acts, and any consumer rights granted by mandatory law, which are unaffected by these Terms.

Beyond those cases, and to the extent permitted by applicable law:

• we are not responsible for the Trainer's professional decisions nor for the outcome of the training or nutrition programmes they assign;
• we are not liable for loss of profit, loss of opportunity, or indirect or consequential damage;
• we are not liable for failures caused by third-party services, by your device or connection, or by use contrary to these Terms;
• our total aggregate liability to any user shall not exceed the amount that user has paid us in the twelve (12) months preceding the event giving rise to it.

The Trainer shall hold us harmless against claims from their Athletes or third parties arising from their professional activity, the content they assign, or breach of their obligations as data controller.

15. Suspension and termination

You may stop using the service at any time and request closure of your account.

We may suspend or close an account, with prior notice wherever possible, where: these Terms are breached, payment is outstanding, use is detected that endangers the security or integrity of the service, or a legal obligation requires it. In cases of serious breach or immediate risk, suspension may be immediate.

If we close your account for reasons not attributable to you, we will refund the proportionate part of the period paid for and not used.

16. Changes to these Terms

We may amend these Terms to reflect legal, technical or service changes.

Material changes will be notified at least thirty (30) days in advance by email or by a prominent notice in the application, and you will be asked to accept them on your next visit. If you do not accept them, you may cancel your subscription before they take effect; continued use of the service after that date constitutes acceptance.

We keep a record of which version each user accepted, and when.

17. Governing law and dispute resolution

These Terms are governed by la legislación española.

If you are a consumer, you may bring proceedings before the courts of your place of residence, and nothing in this document limits that right. In addition, the European Commission provides an online dispute resolution platform at `https://ec.europa.eu/consumers/odr`.

If you contract as a professional or business, the parties submit to the courts of the Provider's registered address, expressly waiving any other jurisdiction.

18. Miscellaneous

Severability. If any clause is held void or unenforceable, the remainder stays in force and that clause will be replaced by a valid one of equivalent effect.

No waiver. Our failure to enforce a clause at any time is not a waiver of our right to enforce it later.

Assignment. You may not assign your contractual position without our consent. We may assign it in the event of restructuring or transfer of the business, informing you beforehand.

Entire agreement. These Terms, together with the Privacy Policy and the specific conditions of the plan contracted, constitute the entire agreement between the parties.

Languages. This document is offered in Spanish and English. In the event of any discrepancy between versions, the Spanish version prevails.

19. Contact

For any question regarding these Terms: support@impetus.fit

Daniel Pino · Tax ID Y4574773H · Barcelona (Barcelona)