Bodivine

Terms & Conditions

Italiano

Bodivine Terms & Conditions

Last updated: 2024-- (replace with publication date)

These Terms & Conditions (“Terms”) govern your access to and use of the Bodivine platform, mobile and web applications, APIs, and any related services (collectively, the “Service”). Please read them carefully. By registering for, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and any referenced policies.

If you do not agree, you must not use the Service.

1. Contracting party

  • Service provider: Bodivine (legal entity: insert company name, legal form, registered office, registration number, VAT).
  • Contact: support@bodivine.com (replace with monitored channel).
  • Registered address: insert full postal address.
  • If your main establishment is outside the EU/EEA, appoint an EU representative and include their contact details here.

2. Eligibility

You must:

  1. Be at least 18 years old, or the age of majority in your jurisdiction.
  2. Be legally capable of entering into binding agreements.
  3. Provide accurate and complete registration information.
  4. If you act on behalf of a business or professional practice, you represent that you have authority to bind that entity.

Users under 18 may only access the Service through a parent/guardian or via a professional who has obtained verifiable parental consent.

3. Service description

Bodivine provides tools to create, customise, and manage workout and nutrition plans, track progress, and collaborate with coaches or nutritionists. Features may include:

  • Libraries of exercises and foods.
  • Plan editors and analytics dashboards.
  • Sharing and exporting functionality.
  • Integrations with third-party services (email delivery, hosting, payment processors).
  • Account management for professional users coaching their clients.

We may update, modify, or discontinue features at any time with reasonable notice where required by law. Access to some features may require payment as described in Section 7.

4. Account registration and security

  • You are responsible for maintaining the confidentiality of your login credentials and limiting access to your devices.
  • Notify Bodivine immediately of any unauthorised use of your account.
  • We may suspend or terminate accounts that violate these Terms or if we detect suspicious activity.
  • Professional accounts must ensure that every invited staff member has their own credentials; sharing credentials is prohibited.

5. Professional accounts and client data

Professionals (coaches, personal trainers, dietitians, nutritionists, or other health practitioners) who handle client data via Bodivine must:

  1. Obtain all necessary consents and comply with applicable professional, health, and privacy regulations.
  2. Act as independent controllers of their clients’ personal data and enter into a Data Processing Agreement (DPA) with Bodivine where Bodivine acts as processor.
  3. Ensure that client plans are suitable for each individual and do not contravene medical advice.
  4. Indemnify Bodivine against claims arising from professional services delivered to clients.

6. Health and wellness disclaimer

Bodivine is not a medical device and does not deliver medical diagnoses or treatment. Information generated by the Service is for educational and organisational purposes only. You acknowledge that:

  • Implementation of any nutrition or workout plan is at your own risk.
  • Consult a qualified healthcare professional before beginning any new diet or exercise program, especially if you have pre-existing conditions.
  • Bodivine and its team are not liable for injuries, health complications, or outcomes resulting from use of the Service.

If the Service is ever classified as a medical device or subject to sector-specific regulation, we will update these Terms and may require additional certifications or restrictions.

7. Plans, payments, and renewals

If we offer paid subscriptions or premium features:

  • Pricing, currency, billing interval, and applicable taxes are disclosed at checkout.
  • Subscriptions renew automatically (monthly or annually) unless cancelled at least 24 hours before renewal.
  • You can cancel within the application settings or by contacting support. Cancellation takes effect at the end of the current billing cycle.
  • We may offer free trials or promotional discounts subject to eligibility criteria.
  • Refunds follow our refund policy (add or link policy here). Mandatory statutory withdrawal rights for EU consumers (14-day cooling-off) apply when purchasing digital services unless waived when the service is fully delivered before the withdrawal period ends.

Payment processing is handled by third-party providers. You authorise them to charge your selected payment method for the amounts due.

8. Acceptable use

You agree not to:

  • Upload, transmit, or store unlawful, defamatory, or infringing content.
  • Attempt to reverse engineer, decompile, or otherwise extract source code from the Service.
  • Circumvent security controls or interfere with servers or networks.
  • Share or transfer your account to another person.
  • Use the Service for high-risk scenarios (e.g., emergency medical services) where inaccurate data could result in serious harm.
  • Send spam, phishing, or unsolicited marketing communications via the Service.

Bodivine may remove content or suspend accounts that violate this section.

9. Intellectual property

  • Bodivine retains all rights, title, and interest in the Service, including software, trademarks, logos, and documentation.
  • You retain ownership of the content you upload. By submitting content, you grant Bodivine a worldwide, non-exclusive, royalty-free licence to host, store, process, and display it for the purpose of operating the Service.
  • Professional users confirm that they have the necessary rights to upload content on behalf of their clients.

10. Feedback

You may submit suggestions, bug reports, or feedback. Bodivine may use this feedback without restriction or obligation to you.

11. Third-party services

The Service may integrate with third-party tools (e.g., email delivery, analytics, payment processors, cloud hosting). Use of those services may be subject to the providers’ own terms and privacy policies. Bodivine is not responsible for third-party services and provides them “as is”.

12. Data protection

  • Our processing of personal data is described in the Privacy Notice.
  • Bodivine implements technical and organisational measures to protect personal data, including encryption, access controls, and incident response plans.
  • Professional users must comply with data protection laws (including GDPR) and ensure lawful grounds for processing their clients’ health data.

13. Warranties and disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, Bodivine disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or meet your expectations.

Some jurisdictions do not allow disclaimers of implied warranties, so the above may not fully apply to you.

14. Liability

  • To the maximum extent permitted by law, Bodivine will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of data, or reputational harm resulting from use of the Service.
  • Our aggregate liability under these Terms is limited to the greater of (i) EUR 100 or (ii) the total subscription fees you paid to us in the 12 months preceding the claim.
  • Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded by law.

15. Indemnity

You agree to indemnify and hold Bodivine, its affiliates, directors, employees, and agents harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your breach of these Terms.
  • Content you submit or activities conducted through your account.
  • Professional services provided to your clients using Bodivine.

16. Suspension and termination

We may suspend or terminate your account if:

  • You breach these Terms or applicable laws.
  • We receive a lawful order to suspend or remove your account.
  • We cease offering the Service in your region.

You may terminate your account at any time through the settings page. Upon termination we will deactivate your account and delete or anonymise personal data in accordance with our retention policy. Certain provisions (e.g., intellectual property rights, indemnity, limitation of liability) survive termination.

17. Changes to the Terms

We may revise these Terms to reflect legal, technical, or business developments. We will notify you at least 30 days before material changes take effect (via email or in-app notice). Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and may request account deletion.

18. Governing law and jurisdiction

  • These Terms are governed by the laws of insert governing law (e.g., Italy or another EU Member State), without regard to conflict of law principles.
  • If you are an EU consumer, you may bring claims in the courts of your habitual residence. Otherwise, disputes shall be subject to the exclusive jurisdiction of the courts of insert city/country.
  • Consumers within the EU may use the European Commission’s Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/.

19. Miscellaneous

  • If any provision is found unenforceable, the remaining provisions remain in effect.
  • Failure to enforce any right does not constitute a waiver.
  • You may not assign or transfer your rights or obligations without our prior written consent. We may assign these Terms as part of a merger, acquisition, or sale of assets.

20. Contact

For questions about these Terms, contact:
support@bodivine.com
insert postal address
If required under the Digital Services Act, provide a single point of contact and legal representative details here.