Terms of Service

1. Who operates Fitiva

Fitiva ("we", "us"), meaning the website fitivapro.com and the app "Fitiva" for iPhone and Android, is operated by Brand Palace GmbH, Ludwig-Erhard-Straße 1a, 65760 Eschborn, Germany. Registered at the Amtsgericht Frankfurt am Main under HRB 143699. VAT identification number DE463767470. Managing directors: Frederic von Borries and Jonas Müller. You can reach us at hello@fitivapro.com.

2. What Fitiva is, and what it is not

Fitiva is a marketplace and a set of tools. We connect fitness coaches with athletes and provide software for planning, scheduling, messaging, progress tracking and payment. We are not a coaching provider, a gym, a medical service or a healthcare provider. Coaching is delivered by independent coaches, not by us.

3. Eligibility and your account

You must be at least 16 years old to use Fitiva. You must give accurate information, keep your login details secure, and you are responsible for what happens on your account. One person, one account. Do not share your account with anyone else.

If you sign in with Apple and hide your email address, we send everything we tell you by email to the forwarding address Apple gives us, confirmations, receipts and messages about your contracts included. If you switch off forwarding at Apple, those emails no longer reach you; what we show you in the app you still see there.

4. Coaches are independent

Coaches on Fitiva are independent professionals. They are not our employees, agents or representatives. Each coach sets their own prices, availability, cancellation policy and the content of their coaching. The contract for coaching services is between the athlete and the coach. We are not a party to it and we are not responsible for the quality, safety or legality of what a coach delivers. The same applies to an online course a coach sells through Fitiva: its content comes from the coach.

Coaches are responsible for holding any qualifications, insurance, licences and tax registrations that their local law requires, and for declaring and paying their own taxes on what they earn.

5. Health, safety and AI generated guidance

Fitiva does not provide medical advice. Nothing in the app, including training plans, nutrition plans, calorie and macro targets, body analysis, progress narratives and anything produced by our AI assistant Ava, is medical advice, a diagnosis or a treatment recommendation.

Consult a physician before you start or change a training or nutrition programme, particularly if you are pregnant, have an injury, an eating disorder, a heart condition, diabetes or any other medical condition, or if you take medication. Stop exercising and seek medical help if you feel unwell.

AI generated content can be wrong. Treat every AI suggestion as a starting point to review with your coach or a qualified professional, never as an instruction to follow without judgement. You exercise at your own risk.

You use the AI features only after you have agreed that your data goes to our AI provider for them; without that consent they stay off, and everything else in Fitiva works. What is sent is in section 5 of the Privacy Policy. Data from Apple Health shows you your activity and history. It is not a medical measurement, and we do not check it for accuracy.

6. Bookings and payments between athletes and coaches

Payments are processed by Stripe. When you pay a coach through Fitiva, you pay Brand Palace GmbH as the merchant of record, and we pass the coach their share through Stripe Connect.

Where a coach offers payment at the session and you choose it when you book, you pay the coach directly, in cash or however the coach accepts it. That payment does not run through Fitiva or Stripe, Brand Palace GmbH is not a party to it, and any refund of it is settled between you and the coach.

Cancellations and refunds for coaching sessions, packages and events follow the cancellation policy that the coach states on their profile and at the point of booking. Where a booking or an event is cancelled by the coach or by us, we refund the athlete automatically to the original payment method.

7. Platform fee

We charge coaches a platform fee on payments taken through Fitiva. For sessions, packages, events, coaching subscriptions, payment requests and tips, the fee is a percentage of the payment and depends on the coach's plan: 5% on the Free plan, 2.5% on Pro, and 0% on Elite. Payment processing charges from Stripe apply on top. We deduct them from the coach's payout together with the platform fee on every card payment the coach receives through Fitiva, on every plan including Elite. We charge them as a card fee at Stripe's standard rate for cards from the EEA, currently 1.5% of the payment plus 0.25 in the currency of the payment. For subscriptions we convert the fixed part into a percentage of the subscription price. Where a payment costs more at Stripe, for example premium or international cards or a currency conversion, we bear the difference. Neither the platform fee nor the card fee is charged on free sessions, nor on a payment the coach takes directly at the session (section 6), because it does not run through Fitiva. A reward month from the referral programme (section 17) applies that plan's fee rate for the month it runs, so your effective fee is lower for one month.

Online courses have their own fee, which falls as your course sales grow. It is a percentage of each sale, and of each payment of a course subscription: 10% until your course sales through Fitiva reach 1,000 EUR, then 9.5%, 9% from 5,000 EUR, 8.5% from 15,000 EUR and 8% from 50,000 EUR. On Pro the rate is one percentage point lower and on Elite two, and it never falls below 6%. The fee on a sale or payment is never more than 15% of its price and has no minimum amount. No fee is charged on a free course. Your current rate and the whole ladder are shown in the Courses area before you publish a course. The 0% of the Elite plan applies to the payments in the paragraph above, not to courses. Stripe's processing charges apply on top here too, as the card fee described in the paragraph above. The cap applies to our fee only; the card fee comes on top.

For refunds: where a coach refunds a payment, directly or by asking us to, or a refund follows the coach's cancellation, we keep the platform fee and the card fee, because Stripe does not return its fee on a refund. Where we refund a double payment or a payment that came in after the booking had already been cancelled, the coach gets both fees back. Where we cancel a booking or an event ourselves, the coach gets both fees back as well.

8. Fitiva subscriptions

Alongside our free tiers we offer optional paid subscriptions. Current prices:

• Athlete Premium, 2.99 EUR per month or 28.70 EUR per year, both incl. VAT (launch price, see below).
• Coach Pro, 14.99 EUR per month or 143.90 EUR per year, both incl. VAT.
• Coach Elite, 29.99 EUR per month or 287.90 EUR per year, both incl. VAT.

Launch price for Athlete Premium: if you start Premium or its 14 day free trial on or before 31 December 2026, you pay 2.99 EUR per month or 28.70 EUR per year, both incl. VAT, for as long as your subscription runs. That also holds if you switch between monthly and yearly billing. If you cancel and subscribe again later, the price for new subscriptions applies. New subscriptions from 1 January 2027 cost 4.99 EUR per month or 47.90 EUR per year for Athlete Premium, both incl. VAT.

Each paid plan unlocks the features listed on the plan page at the moment you subscribe. Paid plans include a 14 day free trial unless stated otherwise at checkout. Subscriptions renew automatically at the end of each period, monthly or yearly, at the price shown above, until you cancel.

You can cancel at any time: without signing in through the "Cancel contracts here" button you find on every page of our website fitivapro.com, in the app in Settings under Privacy and data and on your plan page (app.fitivapro.com/kuendigen), or by email to hello@fitivapro.com. We confirm every cancellation made with the button by email straight away. Cancellation takes effect at the end of the period you have already paid for, and you keep full access until then. We do not refund the unused part of a period that has already started, except where the law requires it or section 9 applies. One exception: if you paid for Coach Elite a year in advance before 28 September 2026 and cancel because the card fee in section 7 now applies on Elite too, we refund the unused part of that year pro rata. Email us at hello@fitivapro.com to ask for it. If we change subscription prices we will tell you by email before the change takes effect, and you may cancel before it applies.

If you buy Athlete Premium in the iPhone app through Apple, section 18 governs price, trial, renewal, cancellation and refunds; everything else in this section applies then too. Of the plans in this section, Athlete Premium is the only one that can be taken out in the app, and only on the iPhone.

9. Right of withdrawal for consumers

If you are a consumer you have the right to withdraw from a subscription within 14 days of entering into it, without giving a reason. To exercise it, tell us in a clear statement, by email to hello@fitivapro.com or by post to Brand Palace GmbH, Ludwig-Erhard-Straße 1a, 65760 Eschborn, Germany. You can also reach us by phone on +49 6196 9541570. We will refund you within 14 days using the same payment method you used.

You can also exercise your right of withdrawal online with the "Withdraw from contract here" function you find on every page of our website fitivapro.com, in the app in Settings and on your plan page (app.fitivapro.com/widerrufen), without signing in. When you use it, we send you a confirmation of receipt by email without delay. You may also use the model withdrawal form below, but you do not have to.

If you ask us to start the digital service immediately during the withdrawal period, and you acknowledge this at checkout, you lose the right of withdrawal once the service has been fully provided. Where you withdraw after the service has partly been provided, we may keep a proportionate amount for what you already used.

Online courses are digital content. Before you pay for a course, once or as a subscription, we ask you to agree expressly that your access starts before the withdrawal period ends, and to confirm that you know you lose your right of withdrawal with that. A paid course cannot be bought without this consent. With it, your right of withdrawal ends as soon as your access begins. We record your consent with the time and the version of the wording you agreed to, and we confirm it in the purchase confirmation we send you by email.

This right applies to your subscription with Fitiva and, as described above, to online courses. It does not apply to individual coaching sessions booked for a specific date, which are governed by the coach's cancellation policy under section 6. For Premium you buy through Apple, section 18 applies.

10. Your content

You keep ownership of everything you put into Fitiva: messages, photos, plans, notes and logs. You grant us a limited licence to store, process and display that content purely so we can operate the service for you, for example showing your progress photos to the coach you chose to share them with.

Body photos are stored in a private bucket and are visible only to you and your coach. We do not use your content to train AI models. Where a feature sends your content to a processor, for example a meal photo analysed by Anthropic's Claude, we describe it in our Privacy Policy.

11. Acceptable use and objectionable content

You agree not to use Fitiva to post or send anything unlawful, abusive, harassing, hateful, sexually explicit, defamatory, or that infringes anyone's rights, and not to impersonate anyone, spam, scrape, reverse engineer the service or attempt to disrupt it. Coaches must not solicit payment outside the platform to avoid our fee where the booking was made through Fitiva. Payment at the session, where the coach offers it in the booking itself (section 6), is allowed.

We do not tolerate objectionable content or abusive behaviour. You can report any message, profile, review or post from inside the app, and you can block another user from contacting you. We review every report and aim to respond within 24 hours. Where a report is upheld we may remove the content, warn the account, suspend it or terminate it, and we may report unlawful behaviour to the authorities.

12. Suspension, termination and deleting your account

You can delete your account at any time from your profile settings. Deleting removes your personal data as described in the Privacy Policy. If you have an active subscription with us, deleting your account cancels it, and any remaining paid period is not refunded. A subscription through Apple does not end when you delete your account; cancel it with Apple first (section 18). If you sign in with Apple, deleting also ends Sign in with Apple for Fitiva.

We may suspend or terminate an account that breaches these Terms, that we reasonably believe is being used unlawfully or fraudulently, or where we must do so by law. Where it is reasonable to do so we will tell you first and give you a chance to respond.

13. Availability

We work to keep Fitiva available and reliable, but we do not promise uninterrupted service. We may change, suspend or withdraw features, and we will give reasonable notice of significant changes that affect a paid plan. A very old version of the app can stop working; it then asks you to update it.

14. Liability

We are fully liable for damage caused intentionally or by gross negligence, for injury to life, body or health, and wherever liability cannot be limited by law, including under the German Product Liability Act. For slight negligence we are liable only where we breach an obligation essential to the contract, and then only for foreseeable damage typical of this kind of contract.

We are not liable for the coaching services themselves, for a coach's acts or omissions, or for injury arising from exercise you choose to do. Nothing in these Terms limits your statutory rights as a consumer.

15. Changes to these Terms

We may update these Terms. We will tell you by email or in the app at least 30 days before a material change takes effect. If you do not accept a change, you may cancel your subscription and stop using Fitiva before it applies. Continuing to use the service after the change takes effect means you accept it.

16. Governing law and disputes

These Terms are governed by German law. If you are a consumer, this does not deprive you of the protection of mandatory law in your country of residence. Where the law allows a place of jurisdiction to be agreed, it is Frankfurt am Main.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

17. Referral programme

With your invite link and your invite code you can bring other people to Fitiva. If someone registers through you, there can be a reward for both of you: points, a reward month, or credit against your own Fitiva bill. Which reward it is, how large it is and which yearly caps apply is published in the app where you share your link. What applies is what is published there at the moment the referred person registers.

Registration alone does not create a reward. A reward arises only once the referred person has paid through Fitiva, we have earned the minimum fee stated in the app on those payments, and a holding period of 14 to 30 days has passed afterwards. We grant the reward at the end of that period, not before.

A reward month runs on the calendar: it starts when it is granted and ends when the granted time is up, however much or little you use Fitiva in between. It does not roll over into a paid subscription by itself.

Credit we have granted you and not yet transferred to your Stripe customer account expires 12 months after it was granted, and we state that date when we grant it. Once credit has been transferred to your Stripe customer account it no longer expires. Points follow the rules of the points programme in the app. Points are never sold, never paid out in money and cannot be transferred; you earn them only by using Fitiva.

If a payment a reward rests on is refunded or charged back, or if a referral breaches these Terms, we take the reward back. We then deduct the points or credit we granted and end a reward month that is still running.

Invite only people you know and who expect an invitation from you, and only through your own channels. Unsolicited marketing email, paid advertising on the Fitiva name, voucher and coupon sites, several accounts for the same person, and payments made only for show to trigger a reward, are not allowed.

Rewards may be taxable; for private individuals section 22 no. 3 of the German Income Tax Act can apply, and declaring them is your responsibility. If you act as a coach in a business capacity, rewards are business income. On request Fitiva provides a statement of your rewards with dates and values.

We may change or end the programme with 30 days notice, for example in case of abuse, changed legal or tax requirements or changes to our service. Rewards already granted are not affected; pending referrals keep the conditions in force when the referred person registered.

18. Premium through Apple in the iPhone app

Purchase. In the Fitiva app for iPhone you can buy Athlete Premium as a subscription through Apple. Apple handles the purchase and the payment: it charges the price to the payment method of your Apple ID and accounts for the VAT. Apple's Media Services Terms apply to the purchase and the payment. These Terms apply to Premium itself, meaning what it includes and how you use Fitiva.

Price. The price is the one Apple shows you in the purchase dialog before you buy, VAT included. It matches the prices in section 8 or, because of Apple's fixed price points, comes close to them.

Trial. If Apple offers you the 14 day free trial, the purchase dialog says so. Apple decides per Apple ID whether you get it. Unless you cancel at least 24 hours before it ends, the paid subscription begins.

Renewal. The subscription renews automatically for the same period, a month or a year, unless you cancel at least 24 hours before the current period ends. Apple charges the price within the last 24 hours before the period ends.

Cancelling. You cancel a subscription through Apple with Apple: in your iPhone's settings under your name, Subscriptions, or in the app with "Manage subscription" on your Premium page. Cancellation takes effect at the end of the current period, and Premium stays active until then. We cannot cancel a subscription through Apple ourselves. If your cancellation reaches us through "Cancel contracts here" or by email, we tell you straight away how to complete it with Apple. Deleting your Fitiva account does not end a subscription through Apple; the app reminds you before you delete.

Refunds and withdrawal. For purchases through Apple, refunds come from Apple under its rules, not from us. You ask Apple for a refund, for example at reportaproblem.apple.com. You also exercise any right of withdrawal for a purchase through Apple with Apple. Section 9 applies to subscriptions you take out with us.

Launch price. The launch price of section 8 also applies through Apple, with one limit: Apple keeps it for as long as the same subscription runs without a break. If you switch between monthly and yearly billing after 31 December 2026, or subscribe again after a break, the price Apple then shows for new subscriptions applies.

One Premium for your account. Premium through Apple applies to your Fitiva account while it runs, so also on the website and on your other devices. With "Restore purchases" you link a running Apple subscription of your Apple ID to the Fitiva account you are signed in to; another account loses it then. If you already have Premium with us, we do not offer it to you again through Apple, and the other way round. When a subscription through Apple ends or Apple refunds it, Premium ends at the same time.

Apple. Apple is not a party to these Terms and is not responsible for Fitiva, its content, maintenance or support; we are, at hello@fitivapro.com. Use of the app itself is also governed by Apple's standard Licensed Application End User License Agreement, apple.com/legal/internet-services/itunes/dev/stdeula. For the Fitiva service these Terms take precedence, as far as Apple's licence agreement allows.