Terms and Conditions
Terms and Conditions


Terms and Conditions
Terms and Conditions
1. INTRODUCTION
This Legal Notice regulates the conditions of access, use, and navigation of the GFIT application (hereinafter referred to as the App) within the framework of the provision of fitness services offered by the App, due to the status of being the owner of GFit Soft S.L. It is advisable and recommended to carefully read the Conditions set forth below.
The licensee of the App is GFit Soft S.L with VAT number B56704653 and registered office at Calle José Echegaray 6, Alcobendas, Madrid.
Registered in the Madrid Mercantile Registry, on page M-673560, folio 209 of Volume 37811, inscription 1st.
To contact the App, interested parties can do so at the following email address: support@gfitsoft.com.
The developer of the GFIT App is the company GFit Soft S.L with VAT number B56704653 and registered office at Calle Calle José Echegaray 6, Alcobendas, Madrid.
2. USERS
Accessing and/or using the App grants interested parties the status of users thereof, which implies the acceptance, without exception, of all the conditions set forth in this Legal Notice and Terms of Use.
3. OBJECT
This notice regulates access to the content and services offered by GFit Soft through the App and their use by users.
In some cases, access may be particularly conditioned based on the content and use of certain services, which may mean that the general conditions contained in this Legal Notice and Terms of Use may be replaced, supplemented, and/or modified by others.
In the event of any contradiction between the general and specific conditions, the provisions and regulations in the specific conditions shall always prevail.
The use, access, and navigation in the App imply and entail the user's acceptance of this Legal Notice and Terms of Use and all the conditions contained therein.
4. CONDITIONS OF USE OF THE APP. GENERAL TERMS OF SERVICE
The App is a gym user management platform integrated with fitness equipment, which facilitates and enhances the user experience in the center. It is accessible from any device with internet access.
The use of the App is free of charge, although certain services offered therein may require payment in return.
Furthermore, its download is free, but its use is restricted to users authorized by GFit Soft who contract the use of the App to manage their sports facilities.
It will be the users of GFit Soft who download the App. Access to the services offered in the App will require users to fill out an access form. More information is available in the Privacy Policy.
The user undertakes that the personal information provided is true and accurate, and to keep it updated at all times.
It will be presumed, unless proven otherwise, that the user is responsible for any false or inaccurate statements made when completing the form. Consequently, the user will be liable for any damages that may arise from its falsehood, whether caused by GFit Soft and/or any third party.
Notwithstanding the foregoing, the user:
Will use the App, as well as the services offered therein, without contravening the provisions of this Legal Notice and Terms of Use, to the extent that it regulates its operation, as well as with full respect for current legislation and the principle of good faith.
Shall not use the App and/or the services offered for (1) illegal purposes or purposes that may cause personal and/or material harm to GFit Soft and/or any third party, (2) with the intention of causing harm of any kind - commercial, reputational, to honor, privacy, etc. - to GFit Soft and/or any third party, or (3) with the objective of disrupting their normal functioning.
The user and/or any third party is strictly prohibited from performing the following activities regarding the contents (information, texts, graphics, sound and/or image files, photographs, designs, etc.) of the App:
Their reproduction, copying, distribution, dissemination, public communication, transformation, or modification, unless authorized by their legitimate owners or legally permitted.
The infringement, by any means, of the current industrial and/or intellectual property rights over them.
Their use for any commercial or advertising purposes other than those strictly permitted.
Their acquisition by any means other than (1) those made available to users by the App or (2) those permitted by usual practices on the Internet.
As indicated, the user may access the App with the sole limitation of being a client of GFit Soft, without prejudice to interruptions or suspensions that may occur due to maintenance work or any other technical cause.
However, GFit Soft may limit or exclude certain users from access and/or use as a result of improper use of the App or in violation of the law and the conditions set forth in this Legal Notice and Terms of Use.
The services provided through it are aimed at users over 16 years of age, so access by minors is expressly prohibited.
5. UNILATERAL MODIFICATION
GFit Soft reserves the right to modify the access and use of the App without prior notice. Any modification of the App will be for the benefit of its users, and with the aim of improving access and use thereof.
Any modification that GFit Soft makes to the conditions of access and use of the App will be duly communicated to users through relevant notices inserted in a visible place therein or by communication sent to the user's email address.
In any case, modifications made will not have retroactive effect.
6. LINKS
The App may contain links that allow access to other websites or web pages owned and/or managed by third parties unrelated to GFit Soft.
The purpose of such links is to facilitate the search for information, content, and services on the internet. The links cannot, under any circumstances, be considered or taken as a suggestion, recommendation, or invitation to the user to visit the applications, pages, or websites to which they redirect, and the user is free and under their own responsibility to access them.
GFit Soft is entirely unrelated to the applications, pages, or websites that can be accessed through the links, stating that it does not participate in any way in their ownership, management, or control, as well as in the contents, services, information, and statements available therein.
Therefore, GFit Soft shall not be liable, directly, indirectly, or subsidiarily, for any damages that the user may suffer as a result of accessing and using the linked applications, pages, or websites.
Likewise, GFit Soft shall not be liable for any damages that the owners and/or managers of the linked applications, pages, or websites may cause to users due to:
Maintenance or modification work on them.
Opinions, statements, images, audios, videos, and/or photographs contained or disseminated therein.
Products or services offered therein.
On the other hand, if the App is linked on any application, page, or website, such action in no way implies:
The existence of a relationship between GFit Soft and the owner and/or manager of the application, page, or website in which the link is inserted.
The existence of knowledge, acceptance, permission, and/or interest of GFit Soft regarding the contents and, where applicable, the goods and/or services offered on said application, page, or website.
The support, reaffirmation, and/or ratification by GFit Soft of the information, contents, statements, images, audios, videos, and/or photographs that are made, contained, housed, and/or disseminated on said application, page, or website.
The App uses cookies to know the preferences of its users and to identify the sections with the most access. For more information, please refer to the Cookie Policy.
7. USER LIABILITY FOR DAMAGES AND LOSSES
The user will use the App at their sole discretion and under their own exclusive responsibility.
GFit Soft shall not be liable for any damages and/or losses suffered by the user and/or third parties due to a use contrary to the law, good faith, and the present Legal Notice and Terms of Use, with such responsibility resting upon the user.
Failure to comply with applicable legal provisions, as well as with this Legal Notice and Terms of Use, may result in the denial of access to the content of the App and the services offered therein.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
All trademarks, trade names, or distinctive signs of any kind appearing in the App are owned by GFit Soft, which holds all intellectual and/or industrial property rights over them, except for those used as trademarks or distinctive signs of the developer thereof, GFit Soft S.L.
Access to the App and the contracting of the services offered therein do not grant the user any right to use the aforementioned trademarks, trade names, or distinctive signs, which are subject to the legislation on intellectual and/or industrial property in force in Spain. Thus, their reproduction and/or use are strictly prohibited without the prior and express authorization of GFit Soft.
9. APPLICABLE LAW AND JURISDICTION
The App, its ownership, the contents of any kind included and/or hosted therein, as well as the rights of the users, are subject to the rules and provisions of the European Union and the Laws and Regulations in force in Spain. These legal rules shall apply to resolve any disputes that may arise between the parties.
GFit Soft and the users, with express waiver of their own jurisdiction, if applicable, agree to submit to the jurisdiction and competence of the competent courts by reason of the user's domicile to settle any disputes and/or claims that may arise between them, provided that this domicile is located in Spain.
If the user's domicile is outside Spanish territory, both the user and GFit Soft shall submit, for the purposes indicated above, to the jurisdiction and competence of the courts of Madrid capital.
TERMS AND CONDITIONS
The developer of the App GFIT (hereinafter the App) is the company GFit Soft S.L. with NIF B56704653 and domiciled at Calle José Echegaray 6, Alcobendas, Madrid.
Acceptance of the Terms and Conditions:
The user's acceptance of these Terms and Conditions is necessary and essential for their registration and use of the service.
Upon contracting services with GFit Soft and downloading the GFIT App (hereinafter the App), the user must accept these Terms and Conditions at the time of password establishment, thereby entering into a framework agreement with GFit Soft.
For the proper use of the App and to make the most of it, we recommend completing the data in the App's form. For more information on the processing of personal data, please refer to the Privacy Policy.
The user's registration and adherence to these Terms and Conditions shall be subject to GFit Soft's confirmation of acceptance, reserving the right to deny the registration of a user if it deems that acceptance thereof may pose a risk of possible breach of these Terms and Conditions.
These Terms and Conditions shall govern the entire duration of the relationship between the user and GFit Soft until it is terminated, upon the user's request for termination.
GFit Soft reserves the right to review and modify both these Terms and Conditions, as a result of legislative changes, case law applicable to the service, criteria of administrative bodies, or changes in the sectorial and/or general economic situation that lead to price increases.
Such modifications will be duly notified to the user through announcements inserted in the App and on the website and/or by communication sent to the email address designated by the user. In any case, the effective date of the modification will be expressly indicated. The user will have one month to express their agreement or rejection of the modifications made, either through the customer service area or by email to support@gfitsoft.com. In the event that the user expresses their rejection of such modifications or fails to express themselves within the specified period, which will be deemed as implicit rejection, GFit Soft will proceed to unsubscribe them from the contracted service and as a customer.
The Terms and Conditions in force at the time of the user's registration will regulate the relationship between them and GFit Soft, without prejudice to any modifications deemed necessary under the aforementioned terms, which will also be subject to compliance in the relationship between the parties.
Downloading the App: To be able to use the service, the user must have a smartphone with internet access, the cost of which will be borne by the user with the mobile phone provider they have chosen. Likewise, the operating system of the terminal or smartphone must be compatible with the technical requirements necessary for the installation of the App.
In this regard, the following systems are compatible for the installation of the App:
ANDROID version 23 or higher.
IOS version iOS 12 or higher.
GFit Soft will not be responsible for malfunctions or damages that may arise from the download, installation, and/or use of the App.
The user must ensure that the App operates correctly throughout the provision of a service, understood as the period from the start of physical activity until its conclusion.
In certain cases, the lack of connection to a mobile network, specifically to mobile data, may result in services being unavailable. This is because, in order to use the App, the user will need to have a mobile data network (3G, 4G, or 5G) necessary for the transmission of the physical activity information.
Registration and use of the service: To use the service, the user must first contract the services of GFit Soft, and then download the App and complete the form. Specifically:
(i) By filling in the mandatory fields, those marked with an asterisk (*), and Accepting the boxes indicated for this purpose, specifically:
Acceptance of these Terms and Conditions
Acceptance of the Legal Notice and Terms of Use
After reading the basic information on the Privacy Policy, accepting it.
Only individuals over the age of 16 may request registration as users.
If there is any negative indication regarding,
the accuracy and/or truthfulness of the information,
the age of the user, and/or
any other circumstance or indication that raises suspicions about the truthfulness of the user's identity, lack of authorization for use, or possible breach of these Terms and Conditions, Based on the information provided, GFit Soft reserves the right to block and not register a specific user, and, if necessary, to disable the use of their respective account.
In this regard, if the user does not clarify doubts or limitations on registration that have arisen and motivated the previous decision within forty-eight (48) hours from the communication issued by GFit Soft communicating one or the other, the relationship between the parties will be terminated, without any effect, and without such measure granting the user any right to obtain compensation and/or indemnification of any kind. This decision will be communicated to the user by email sent to the account designated at the time of registration.
Use of the Service: The App is integrated with all the equipment within the gym or sports center, including cardio, strength, and indoor cycling equipment, so that the performance of that training is reflected in the App.
As indicated, for proper operation, it is necessary to be connected to a mobile network from the beginning of the training until its completion; otherwise, the training data will not be recorded, resulting in the loss of that exercise history.
The App has other features such as the possibility of requesting a personalized training routine and consulting the class schedule and booking those of interest.
Customer Service and Complaints: If the user has any doubts regarding (i) these Terms and Conditions, and/or (ii) the service itself and its characteristics, or considers it necessary to make any kind of suggestion, express an opinion, and/or file a complaint to GFit Soft regarding the services provided, they may - for this purpose - contact the Customer Service department by sending an email to the address support@gfitsoft.com.
Within twenty-four (24) hours from the moment of receiving the doubt, suggestion, opinion, or complaint, acknowledgment of receipt will be sent through an email to the account determined by the user for this purpose.
However, GFit Soft will provide a complete response to the user's question within seven (7) business days from the date of issuance of the acknowledgment of receipt, through the aforementioned means.
Responsibilities of Both Parties: Without prejudice to the rights that correspond to the user as a consumer and/or user and the corresponding obligations that must be observed, it should be noted that GFit Soft will be responsible for any damages caused to the user intentionally or through gross negligence by both GFit Soft and its representatives or agents, provided that this is duly proven by the user.
However, if the damages caused are due to slight negligence or breach, GFit Soft's liability will be limited to the amount of damages actually caused and proven.
Furthermore, GFit Soft will only be responsible for damages that may result from a breach of its own obligations, provided that such breach is duly proven by the user.
Under no circumstances will GFit Soft be liable for limitations, unavailability, inaccuracies, or disruptions caused by fortuitous events or force majeure, including technical incidents that may affect the use of the service, as these are situations beyond GFit Soft's control.
On the other hand, the user will be liable for damages caused by non-compliance with these Terms and Conditions or with mandatory legal provisions.
Finally, the user is also obliged to indemnify or hold harmless GFit Soft against any claim that may be brought against them by a third party for the aforementioned acts for which the user is responsible.
Right of Withdrawal: In accordance with the provisions of the consolidated text of the General Law for the Defense of Consumers and Users approved by Royal Legislative Decree 1/2007, of November 16, specifically in its article 68 and following, as well as in other complementary laws, the user, duly identified with their ID card, Passport, or any other document admitted in law for their identification, has the right to withdraw from the contract agreed with GFit Soft for a period of fourteen (14) calendar days from its conclusion, without the need to indicate the reason and without incurring any cost for such withdrawal.
For the calculation of the fourteen (14) calendar days in which the user can freely withdraw, it is provided that the conclusion of the contract that binds the user and GFit Soft will be deemed to have occurred from the moment GFit Soft, through the App, the website, or by email message sent to the address provided by the user, communicates to the user the confirmation of the acceptance of their registration.
To exercise their right of withdrawal, the user will complete and send the withdrawal form (provided below), accompanied by a copy of the identification document on both sides, by email to the address support@gfitsoft.com.
Withdrawal Form: Date (day/month/year):
Mr./Ms. ____________________________, of legal age, with ID/Residence Permit/Passport _________________, in accordance with the provisions of articles 68 and following of the Consolidated Text of the General Law for the Defense of Consumers and Users, approved by Royal Legislative Decree 1/2007, of November 16, hereby expresses their intention to WITHDRAW from the service provided in the GFIT application, which facilitates the fitness experience within their sports center, agreed with GFit Soft, on the ____ day of ________ of 202.
In the event that the user exercises, according to the terms set out, their right of withdrawal, they will not be able to access the App, and therefore the services offered therein.
Withdrawal Form: The contractual relationship between the user and GFit Soft will be effective until the user requests termination.
Likewise, both parties have the right to unilaterally terminate without further requirement than prior notification, with two (2) weeks' notice before the end of each calendar month, sent by email to the address support@gfitsoft.com, in which the user provides their personal data (name, surname, ID Document (ID/Residence Permit/Passport) and expresses their unequivocal will to terminate the contract with effect from the last day of the calendar month in which said communication is made.
Privacy Policy: GFit Soft has a Privacy Policy accessible through the following link.
Cookie Policy: GFit Soft has a Cookie Policy accessible through the following link.
Others: These Terms and Conditions, as well as the individual service usage contracts, shall be governed by the current Spanish regulations at all times.
The parties acknowledge that, regarding the subject matter of these Terms and Conditions, there are no other complementary, subsidiary, and/or additional agreements, whether verbal or written, regulating their relationship, in whole or in part.
The titles or headings of the different clauses are for informational purposes only, and the content thereof shall prevail.
In the event that one or more clauses of these Terms and Conditions are declared invalid or void, such declaration shall not affect the validity and enforceability of the remaining clauses.
Legislation and Jurisdiction: Any dispute that may arise between the parties regarding the interpretation, effectiveness, and compliance with the contractual relationship will be resolved in accordance with the applicable law in Spain at the time of its occurrence.
The parties, waiving their own jurisdiction, if applicable, and without prejudice to the rights that may belong to the user as a consumer or user, expressly submit, to settle any dispute that may arise between them as a result of this contractual relationship, to the jurisdiction and competence of the Courts and Tribunals of Madrid capital.

© 2024. Gfitsoft.

Terms and Conditions

Terms and Conditions
Terms and Conditions
1. INTRODUCTION
This Legal Notice regulates the conditions of access, use, and navigation of the GFIT application (hereinafter referred to as the App) within the framework of the provision of fitness services offered by the App, due to the status of being the owner of GFit Soft S.L. It is advisable and recommended to carefully read the Conditions set forth below.
The licensee of the App is GFit Soft S.L with VAT number B56704653 and registered office at Calle José Echegaray 6, Alcobendas, Madrid.
Registered in the Madrid Mercantile Registry, on page M-673560, folio 209 of Volume 37811, inscription 1st.
To contact the App, interested parties can do so at the following email address: support@gfitsoft.com.
The developer of the GFIT App is the company GFit Soft S.L with VAT number B56704653 and registered office at Calle Calle José Echegaray 6, Alcobendas, Madrid.
2. USERS
Accessing and/or using the App grants interested parties the status of users thereof, which implies the acceptance, without exception, of all the conditions set forth in this Legal Notice and Terms of Use.
3. OBJECT
This notice regulates access to the content and services offered by GFit Soft through the App and their use by users.
In some cases, access may be particularly conditioned based on the content and use of certain services, which may mean that the general conditions contained in this Legal Notice and Terms of Use may be replaced, supplemented, and/or modified by others.
In the event of any contradiction between the general and specific conditions, the provisions and regulations in the specific conditions shall always prevail.
The use, access, and navigation in the App imply and entail the user's acceptance of this Legal Notice and Terms of Use and all the conditions contained therein.
4. CONDITIONS OF USE OF THE APP. GENERAL TERMS OF SERVICE
The App is a gym user management platform integrated with fitness equipment, which facilitates and enhances the user experience in the center. It is accessible from any device with internet access.
The use of the App is free of charge, although certain services offered therein may require payment in return.
Furthermore, its download is free, but its use is restricted to users authorized by GFit Soft who contract the use of the App to manage their sports facilities.
It will be the users of GFit Soft who download the App. Access to the services offered in the App will require users to fill out an access form. More information is available in the Privacy Policy.
The user undertakes that the personal information provided is true and accurate, and to keep it updated at all times.
It will be presumed, unless proven otherwise, that the user is responsible for any false or inaccurate statements made when completing the form. Consequently, the user will be liable for any damages that may arise from its falsehood, whether caused by GFit Soft and/or any third party.
Notwithstanding the foregoing, the user:
Will use the App, as well as the services offered therein, without contravening the provisions of this Legal Notice and Terms of Use, to the extent that it regulates its operation, as well as with full respect for current legislation and the principle of good faith.
Shall not use the App and/or the services offered for (1) illegal purposes or purposes that may cause personal and/or material harm to GFit Soft and/or any third party, (2) with the intention of causing harm of any kind - commercial, reputational, to honor, privacy, etc. - to GFit Soft and/or any third party, or (3) with the objective of disrupting their normal functioning.
The user and/or any third party is strictly prohibited from performing the following activities regarding the contents (information, texts, graphics, sound and/or image files, photographs, designs, etc.) of the App:
Their reproduction, copying, distribution, dissemination, public communication, transformation, or modification, unless authorized by their legitimate owners or legally permitted.
The infringement, by any means, of the current industrial and/or intellectual property rights over them.
Their use for any commercial or advertising purposes other than those strictly permitted.
Their acquisition by any means other than (1) those made available to users by the App or (2) those permitted by usual practices on the Internet.
As indicated, the user may access the App with the sole limitation of being a client of GFit Soft, without prejudice to interruptions or suspensions that may occur due to maintenance work or any other technical cause.
However, GFit Soft may limit or exclude certain users from access and/or use as a result of improper use of the App or in violation of the law and the conditions set forth in this Legal Notice and Terms of Use.
The services provided through it are aimed at users over 16 years of age, so access by minors is expressly prohibited.
5. UNILATERAL MODIFICATION
GFit Soft reserves the right to modify the access and use of the App without prior notice. Any modification of the App will be for the benefit of its users, and with the aim of improving access and use thereof.
Any modification that GFit Soft makes to the conditions of access and use of the App will be duly communicated to users through relevant notices inserted in a visible place therein or by communication sent to the user's email address.
In any case, modifications made will not have retroactive effect.
6. LINKS
The App may contain links that allow access to other websites or web pages owned and/or managed by third parties unrelated to GFit Soft.
The purpose of such links is to facilitate the search for information, content, and services on the internet. The links cannot, under any circumstances, be considered or taken as a suggestion, recommendation, or invitation to the user to visit the applications, pages, or websites to which they redirect, and the user is free and under their own responsibility to access them.
GFit Soft is entirely unrelated to the applications, pages, or websites that can be accessed through the links, stating that it does not participate in any way in their ownership, management, or control, as well as in the contents, services, information, and statements available therein.
Therefore, GFit Soft shall not be liable, directly, indirectly, or subsidiarily, for any damages that the user may suffer as a result of accessing and using the linked applications, pages, or websites.
Likewise, GFit Soft shall not be liable for any damages that the owners and/or managers of the linked applications, pages, or websites may cause to users due to:
Maintenance or modification work on them.
Opinions, statements, images, audios, videos, and/or photographs contained or disseminated therein.
Products or services offered therein.
On the other hand, if the App is linked on any application, page, or website, such action in no way implies:
The existence of a relationship between GFit Soft and the owner and/or manager of the application, page, or website in which the link is inserted.
The existence of knowledge, acceptance, permission, and/or interest of GFit Soft regarding the contents and, where applicable, the goods and/or services offered on said application, page, or website.
The support, reaffirmation, and/or ratification by GFit Soft of the information, contents, statements, images, audios, videos, and/or photographs that are made, contained, housed, and/or disseminated on said application, page, or website.
The App uses cookies to know the preferences of its users and to identify the sections with the most access. For more information, please refer to the Cookie Policy.
7. USER LIABILITY FOR DAMAGES AND LOSSES
The user will use the App at their sole discretion and under their own exclusive responsibility.
GFit Soft shall not be liable for any damages and/or losses suffered by the user and/or third parties due to a use contrary to the law, good faith, and the present Legal Notice and Terms of Use, with such responsibility resting upon the user.
Failure to comply with applicable legal provisions, as well as with this Legal Notice and Terms of Use, may result in the denial of access to the content of the App and the services offered therein.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
All trademarks, trade names, or distinctive signs of any kind appearing in the App are owned by GFit Soft, which holds all intellectual and/or industrial property rights over them, except for those used as trademarks or distinctive signs of the developer thereof, GFit Soft S.L.
Access to the App and the contracting of the services offered therein do not grant the user any right to use the aforementioned trademarks, trade names, or distinctive signs, which are subject to the legislation on intellectual and/or industrial property in force in Spain. Thus, their reproduction and/or use are strictly prohibited without the prior and express authorization of GFit Soft.
9. APPLICABLE LAW AND JURISDICTION
The App, its ownership, the contents of any kind included and/or hosted therein, as well as the rights of the users, are subject to the rules and provisions of the European Union and the Laws and Regulations in force in Spain. These legal rules shall apply to resolve any disputes that may arise between the parties.
GFit Soft and the users, with express waiver of their own jurisdiction, if applicable, agree to submit to the jurisdiction and competence of the competent courts by reason of the user's domicile to settle any disputes and/or claims that may arise between them, provided that this domicile is located in Spain.
If the user's domicile is outside Spanish territory, both the user and GFit Soft shall submit, for the purposes indicated above, to the jurisdiction and competence of the courts of Madrid capital.
TERMS AND CONDITIONS
The developer of the App GFIT (hereinafter the App) is the company GFit Soft S.L. with NIF B56704653 and domiciled at Calle José Echegaray 6, Alcobendas, Madrid.
Acceptance of the Terms and Conditions:
The user's acceptance of these Terms and Conditions is necessary and essential for their registration and use of the service.
Upon contracting services with GFit Soft and downloading the GFIT App (hereinafter the App), the user must accept these Terms and Conditions at the time of password establishment, thereby entering into a framework agreement with GFit Soft.
For the proper use of the App and to make the most of it, we recommend completing the data in the App's form. For more information on the processing of personal data, please refer to the Privacy Policy.
The user's registration and adherence to these Terms and Conditions shall be subject to GFit Soft's confirmation of acceptance, reserving the right to deny the registration of a user if it deems that acceptance thereof may pose a risk of possible breach of these Terms and Conditions.
These Terms and Conditions shall govern the entire duration of the relationship between the user and GFit Soft until it is terminated, upon the user's request for termination.
GFit Soft reserves the right to review and modify both these Terms and Conditions, as a result of legislative changes, case law applicable to the service, criteria of administrative bodies, or changes in the sectorial and/or general economic situation that lead to price increases.
Such modifications will be duly notified to the user through announcements inserted in the App and on the website and/or by communication sent to the email address designated by the user. In any case, the effective date of the modification will be expressly indicated. The user will have one month to express their agreement or rejection of the modifications made, either through the customer service area or by email to support@gfitsoft.com. In the event that the user expresses their rejection of such modifications or fails to express themselves within the specified period, which will be deemed as implicit rejection, GFit Soft will proceed to unsubscribe them from the contracted service and as a customer.
The Terms and Conditions in force at the time of the user's registration will regulate the relationship between them and GFit Soft, without prejudice to any modifications deemed necessary under the aforementioned terms, which will also be subject to compliance in the relationship between the parties.
Downloading the App: To be able to use the service, the user must have a smartphone with internet access, the cost of which will be borne by the user with the mobile phone provider they have chosen. Likewise, the operating system of the terminal or smartphone must be compatible with the technical requirements necessary for the installation of the App.
In this regard, the following systems are compatible for the installation of the App:
ANDROID version 23 or higher.
IOS version iOS 12 or higher.
GFit Soft will not be responsible for malfunctions or damages that may arise from the download, installation, and/or use of the App.
The user must ensure that the App operates correctly throughout the provision of a service, understood as the period from the start of physical activity until its conclusion.
In certain cases, the lack of connection to a mobile network, specifically to mobile data, may result in services being unavailable. This is because, in order to use the App, the user will need to have a mobile data network (3G, 4G, or 5G) necessary for the transmission of the physical activity information.
Registration and use of the service: To use the service, the user must first contract the services of GFit Soft, and then download the App and complete the form. Specifically:
(i) By filling in the mandatory fields, those marked with an asterisk (*), and Accepting the boxes indicated for this purpose, specifically:
Acceptance of these Terms and Conditions
Acceptance of the Legal Notice and Terms of Use
After reading the basic information on the Privacy Policy, accepting it.
Only individuals over the age of 16 may request registration as users.
If there is any negative indication regarding,
the accuracy and/or truthfulness of the information,
the age of the user, and/or
any other circumstance or indication that raises suspicions about the truthfulness of the user's identity, lack of authorization for use, or possible breach of these Terms and Conditions, Based on the information provided, GFit Soft reserves the right to block and not register a specific user, and, if necessary, to disable the use of their respective account.
In this regard, if the user does not clarify doubts or limitations on registration that have arisen and motivated the previous decision within forty-eight (48) hours from the communication issued by GFit Soft communicating one or the other, the relationship between the parties will be terminated, without any effect, and without such measure granting the user any right to obtain compensation and/or indemnification of any kind. This decision will be communicated to the user by email sent to the account designated at the time of registration.
Use of the Service: The App is integrated with all the equipment within the gym or sports center, including cardio, strength, and indoor cycling equipment, so that the performance of that training is reflected in the App.
As indicated, for proper operation, it is necessary to be connected to a mobile network from the beginning of the training until its completion; otherwise, the training data will not be recorded, resulting in the loss of that exercise history.
The App has other features such as the possibility of requesting a personalized training routine and consulting the class schedule and booking those of interest.
Customer Service and Complaints: If the user has any doubts regarding (i) these Terms and Conditions, and/or (ii) the service itself and its characteristics, or considers it necessary to make any kind of suggestion, express an opinion, and/or file a complaint to GFit Soft regarding the services provided, they may - for this purpose - contact the Customer Service department by sending an email to the address support@gfitsoft.com.
Within twenty-four (24) hours from the moment of receiving the doubt, suggestion, opinion, or complaint, acknowledgment of receipt will be sent through an email to the account determined by the user for this purpose.
However, GFit Soft will provide a complete response to the user's question within seven (7) business days from the date of issuance of the acknowledgment of receipt, through the aforementioned means.
Responsibilities of Both Parties: Without prejudice to the rights that correspond to the user as a consumer and/or user and the corresponding obligations that must be observed, it should be noted that GFit Soft will be responsible for any damages caused to the user intentionally or through gross negligence by both GFit Soft and its representatives or agents, provided that this is duly proven by the user.
However, if the damages caused are due to slight negligence or breach, GFit Soft's liability will be limited to the amount of damages actually caused and proven.
Furthermore, GFit Soft will only be responsible for damages that may result from a breach of its own obligations, provided that such breach is duly proven by the user.
Under no circumstances will GFit Soft be liable for limitations, unavailability, inaccuracies, or disruptions caused by fortuitous events or force majeure, including technical incidents that may affect the use of the service, as these are situations beyond GFit Soft's control.
On the other hand, the user will be liable for damages caused by non-compliance with these Terms and Conditions or with mandatory legal provisions.
Finally, the user is also obliged to indemnify or hold harmless GFit Soft against any claim that may be brought against them by a third party for the aforementioned acts for which the user is responsible.
Right of Withdrawal: In accordance with the provisions of the consolidated text of the General Law for the Defense of Consumers and Users approved by Royal Legislative Decree 1/2007, of November 16, specifically in its article 68 and following, as well as in other complementary laws, the user, duly identified with their ID card, Passport, or any other document admitted in law for their identification, has the right to withdraw from the contract agreed with GFit Soft for a period of fourteen (14) calendar days from its conclusion, without the need to indicate the reason and without incurring any cost for such withdrawal.
For the calculation of the fourteen (14) calendar days in which the user can freely withdraw, it is provided that the conclusion of the contract that binds the user and GFit Soft will be deemed to have occurred from the moment GFit Soft, through the App, the website, or by email message sent to the address provided by the user, communicates to the user the confirmation of the acceptance of their registration.
To exercise their right of withdrawal, the user will complete and send the withdrawal form (provided below), accompanied by a copy of the identification document on both sides, by email to the address support@gfitsoft.com.
Withdrawal Form: Date (day/month/year):
Mr./Ms. ____________________________, of legal age, with ID/Residence Permit/Passport _________________, in accordance with the provisions of articles 68 and following of the Consolidated Text of the General Law for the Defense of Consumers and Users, approved by Royal Legislative Decree 1/2007, of November 16, hereby expresses their intention to WITHDRAW from the service provided in the GFIT application, which facilitates the fitness experience within their sports center, agreed with GFit Soft, on the ____ day of ________ of 202.
In the event that the user exercises, according to the terms set out, their right of withdrawal, they will not be able to access the App, and therefore the services offered therein.
Withdrawal Form: The contractual relationship between the user and GFit Soft will be effective until the user requests termination.
Likewise, both parties have the right to unilaterally terminate without further requirement than prior notification, with two (2) weeks' notice before the end of each calendar month, sent by email to the address support@gfitsoft.com, in which the user provides their personal data (name, surname, ID Document (ID/Residence Permit/Passport) and expresses their unequivocal will to terminate the contract with effect from the last day of the calendar month in which said communication is made.
Privacy Policy: GFit Soft has a Privacy Policy accessible through the following link.
Cookie Policy: GFit Soft has a Cookie Policy accessible through the following link.
Others: These Terms and Conditions, as well as the individual service usage contracts, shall be governed by the current Spanish regulations at all times.
The parties acknowledge that, regarding the subject matter of these Terms and Conditions, there are no other complementary, subsidiary, and/or additional agreements, whether verbal or written, regulating their relationship, in whole or in part.
The titles or headings of the different clauses are for informational purposes only, and the content thereof shall prevail.
In the event that one or more clauses of these Terms and Conditions are declared invalid or void, such declaration shall not affect the validity and enforceability of the remaining clauses.
Legislation and Jurisdiction: Any dispute that may arise between the parties regarding the interpretation, effectiveness, and compliance with the contractual relationship will be resolved in accordance with the applicable law in Spain at the time of its occurrence.
The parties, waiving their own jurisdiction, if applicable, and without prejudice to the rights that may belong to the user as a consumer or user, expressly submit, to settle any dispute that may arise between them as a result of this contractual relationship, to the jurisdiction and competence of the Courts and Tribunals of Madrid capital.


© 2024. Gfitsoft.


© 2024. Gfitsoft.