Sportize.me Terms of Use

All sections of these Terms of Use should be valid until its termination, including, but not limited to those titled as User Content, Damages, Warranty Liability and Limitation of Liability and General.

• Introduction

The Sportize.me’s website is a service for helping to improve the life quality through the practice of regular physical exercise and healthy eating, given by Indian Red N.G. & L.A.I., S.L.U. (“We”), in relation with our users, service providers, sponsor or other affiliates. While we are trying to assure this website is handled with safety and liability for all our users, the use of this website is subjected to Terms and Conditions. The Terms and Conditions established below (“Terms of Use”), as well as Privacy Policy, applies to service use and functionality provided by www.sportize.me (the “Website”).

By accessing and using the Website, you recognize you have read, understood, and accept to be governed by these Conditions of Use and Privacy Policy. If you do not accept these Conditions of Use and Privacy Policy, you are not authorized to use the Website. We can modify these Terms of Use and Privacy Policy at anytime and such modification will be effective after its publication on the Website. However, we will do everything possible to notify our users of such changes via e-mail or while they are using the website.

• Use of the Website

This website contains materials such as software, texts, graphics, images, videos, audios, data and other materials (called “Content”). The Content could be from our property or could be contributed by agreement by other parties, including other Websites’ users, our partners, sponsors and affiliated companies. The Content is protected by copyright in Europe as well as worldwide. The unauthorized use of the Content can violate copyrights, trademarks and other laws. You do not have rights to the Content and you cannot use the Content, except by which it is allowed by these Terms of Use. No other use is allowed without the previous written consent from Sportize.me or the Content owner. You must maintain all copyrights and other notices from the Content owner in the Original Content or in any copy done from the Content. You cannot sell, transfer, assign, license, sublicense or modify the Content nor reproduce, exhibit and execute publicly. You cannot create a new version from the Content, distribute or use the Content with any public or commercial goal, except when the use of the features from the Website involves the publication or distribution of content publicly. If you violate any part of these Terms of Use, your permission to access and/or use the Content and the Website will be terminated automatically and you should destroy immediately any copy done from the Contents.

Several companies, products and services’ names that appear on the Website could be a trademark or service mark from third parties (The “third party trademark”). Nothing on this Website must be understood as concession, due to involvement, impediment, or in another way, as a license or right to use any third party trademark that appears on this Website. The third party trademark cannot be used to discredit any third party application or any of its products or services or in any way that, according with our judgment, can damage the goodwill of the third party trademark.

The Website contains links to, and content and data from, third party websites (“External Websites”). These links and data are provided solely for your convenience. Sportize.me does not endorse the content of such external websites. The content of these websites are developed and provided for others. We cannot accept responsibility for any such third party content.

The website is solely for personal use and cannot be used in connection with commercial activities, unless those are specifically authorized by us. These following activities are expressly prohibited: (i) the recompilation of names and/or e-mail addresses from other users by electronic means or others in order to send unsolicited e-mails or other communications. (ii) any use of the website that, in our judgment, damages the reliability, speed and operation of the website or any hardware or software on the site. (iii) and any illegal use of the Website or in violation of these Terms of Use.

By using this Website you guarantee you are 13 years of age or older. Your account could be cancelled without previous notice if we think you are younger than 13 years old.

Your membership can be cancelled at anytime at our discretion.

• User Content 

The Website can now or in the future allow the publication of the Website users’ address content (“User Content”) and the exchange, hosting and/or publication of such User Content. You understand if such User Content is published, we do not guarantee the confidentiality in regard to any publication.

You are solely responsible for the User Content that you send and the consequences from our sending or publishing of such User Content. In relation with any User Content you send, you declare, represent and / or guarantee: (i) you have the licenses, rights, consents and permissions for using and authorizing us to use all the registers, trademarks, copyrights or others property rights on and for all User Content, allowing us the inclusion and use of User Content as they are established in the Website and in these Conditions of Use, and (ii) you have the expressed release consent, and/or the permission of all identifiable people in the User Content to use the name of the similarity of all identifiable people to allow the inclusion and the use of the User Content as per the Website and these Terms of Use. When you send the User Content to Sportize.me, this gives us a perpetual license, global, non-exclusive, free of charges, with transferable license to use, reproduce, distribute, prepare works from, modify, exhibit and perform all and some part of the User Content in relation with all website services (and further functionalities, projects, products and services), including, but not limited to promotion and re-distribution of all website materials (and further functionalities, projects, products and services) in any media format and through any mass media. You also give to each website user a non-exclusive license to access your user content through the Website. The access is granted through your account configuration and it allows the reproduction, distribution, preparation, exhibition and use of the User Content as per the website functionality and under this Terms of Use. We can keep copies of any User Content as backup, to safeguard the safety, or as maintenance, according to the law.

In relation to the User Content, you also accept that you cannot: (i) publish material with copyrights, material that is protected by a commercial secrecy agreement or others subjected to third party property rights, including privacy and publicity rights, unless you are the owner of such rights or have the permission of the legal owner to publish material and to give us all license rights granted in this document; (ii) publish distortions and falsehoods that could damage Sportize.me and a third party; (iii) send illegal, obscene, libelous, threatening, pornographic, stalking and racial materials or those that can be considered a criminal offence, gives rise to civil liability, violation of any law or that is inappropriate; (iv) publish notices or publicity from other companies; or (v) pretend to be another person. We are not responsible for any User Content, as well as for any opinion, recommendation and advice expressed on it and we expressly renounce any liability in regard to any User Content published on Sportize.me. We do not allow activities that violate the copyrights, nor the violation of intellectual property rights on Sportize.me. We recall all content and User Content previous notification explaining that such content or User Content violates the intellectual property rights. We can remove any User Content or other content without previous notice. We retain the right to cancel your access to the website if you are a recidivist offender. A recidivist offender is someone who has been notified due to infringement more than once and / or has had content removed from the website more than twice. We also reserve the right to decide if the content or User Content is suitable and meets with these Conditions of Use in terms of violation of copyrights and / or intellectual property law. These include, but are not limited to pornographic, obscene and libelous material or material of excessive length. We can recall such User Content or / and cancel your ability to upload such material due to the violation of these Conditions of Use at anytime and without previous notification.

If you are not an American citizen and are the copyright’s owner or an agent of himself/herself and you think any User Content or other content is violating copyrights, you can send a notification to Indian Red N.G. & L.A.I., S.L.U. / E-mail: legal@sportize.me, with the following information in writing:

• Handwritten or digital signature of an authorized person who acts on behalf of the holder of an exclusive right that has been violated;
• Identification of the material with infringed copyrights or, if multiple materials on one site online are covered with the same notification, a representative list of such materials in that site;
• Identification of the material known as infringed or object of the infraction and which has to be removed or whose access has to be disabled, and enough information to allow the service provider to find the material;
• Enough information that allows us to communicate with you, such as your address, phone number and, if possible, your e-mail address;
• A statement that states you believe in good faith that the use of the mentioned material in the claim is not authorized by the copyright owner, his/her agent or the law
• A statement that explains the contained information in the notification is true, and under the penalty of perjury that you are authorized to act in behalf of the holder of an exclusive right that has been violated

If you are not an American citizen and are the copyright owner or an agent of himself/herself and you think any User Content or other content is violating copyrights, you can send a notification to Digital Millennium Copyright Act (DMCA), giving our agent the following information in writing (see 17 USC 512 (c) (3) for more details):

• Handwritten or digital signature of an authorized person who acts on behalf of the holder of an exclusive right that has been violated;
• Identification of the material with infringed copyrights or, if multiple materials on one online site are covered with the same notification, a representative list of such materials on that site;
• Identification of the material known as infringed or object of the infraction and which has to be removed or whose access has to be disabled, and enough information to allow the service provider to find the material;
• Enough information that allows us to communicate with you, such as your address, phone number and, if possible, your e-mail address;
• A statement that says you believe in good faith that the use of the mentioned material in the claim is not authorized by the copyright owner, his/her agent or the law
• A statement that explains the contained information in the notification is true, and under the penalty of perjury that you are authorized to act in behalf of the holder of an exclusive right that has been violated

Our copyrights agent, who is designated to receive violation notifications and other notices in relation to the User Content and / or violation of these Terms of Use (for example violation of penal laws), is Indian Red N.G. & L.A.I., S.L.U. / E-mail: legal@sportize.me. For further clarification, only notices from DMCA and complaints in relation to the User Content and the violation of these Terms of Use must be sent to the Copyright Agent and any other information, comments, requests of technical support and other communications must be sent to our technical support contact as listed on the site.

• Compensation 

You agree protect, compensate and keep us unharmed from any claim, action or lawsuit, including, but not limited to lawyer and accountant fees that are derived from violation of these Terms of Use or the publication, access, use or wrong use of the Content or Website. Sportize.me will warn you about any claim and procedure and will give you, at your expense, the defense of such claim, lawsuit or procedure. We reserve the right to take on the exclusive defense and control of any issue related to compensation by virtue of this section. In such a case, you agree to cooperate with any reasonable request of help from our defense regarding these issues.

• Renounce to Warranty Liability and Limitation of Liability

WE, OUR AFFILIATES, OUR PARTNERS AND OUR EMPLOYEES, DIRECTORS, AGENTS, PROVIDERS OR LICENSORS, DO NOT GIVE WARRANTY OR ANY REPRESENTATION ON THE CONTENTS (INCLUDING THE USER CONTENT), INCLUDING, BUT NOT LIMITED TO THEIR ACCURACY, LIABILITY, INTEGRITY, OPPORTUNITY OR CONFIDENCE.

NEITHER WE NOR OUR AFFILIATES OR PARTNERS ARE SUBJECTED TO ANY LIABILITY IN RELATION TO THE VERACITY, ACCURACY OR TO THE INTEGRITY OF THE INFORMATION GRANTED TO WEBSITE USERS, OR DUE TO MISTAKES OR OMISSIONS OR TO ANY DELAY OR INTERRUPTION OF DATA OR DELIVERED INFORMATION BY ANY CAUSE. YOU ACCEPT THE USE OF THE WEBSITE AND THE CONTENT UNDER YOU OWN RISK.

WE DO NOT GUARANTEE THAT THE WEBSITE WORKS FREE OF ERRORS OR THAT THE WEBSITE, YOUR SERVER, OR THE CONTENT IS FREE OF VIRUSES OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF FROM USE OF THE WEBSITE OR IF THE CONTENT DERIVES THE NEED OF REPLACEMENT EQUIPMENT, DATA OR SERVICES, SPORTIZE.ME WILL NOT BE RESPONSIBLE FOR THE COSTS.

THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IT IS” AND “AS AVAILABLE”, WITHOUT ANY KIND OF WARRANTY. BY HEREBY ALL WARRANTIES ARE REFUSED, INCLUDING, BUT NOT LIMITED TO WARRANTY OF TITLE, COMMERCIALIZATION, NO VIOLATION OF THIRD PARTY RIGHTS AND SUITABILITY FOR A PARTICULAR PURPOSE.

IN NO CASE WE ARE RESPONSIBLE FOR ANY DAMAGE (INCLUDING, BUT NOT LIMITED TO DERIVATIVE DAMAGES, LOSS OF BENEFITS OR DAMAGES CAUSED BY LOSS OF DATA OR INTERRUPTION OF BUSINESS) RELATED TO THE USE OR THE IMPOSSIBILITY TO USE THE WEBSITE AND THE CONTENT, EVEN IF IT IS BASED ON A WARRANTY, CONTRACT, GRIEVANCE (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME AMERICAN STATES DO NOT ALLOW ANY EXCLUSION OF IMPLICIT WARRANTIES OR LIMITATION OF LIABILITY BY INCIDENTAL AND CONSISTENT DAMAGES, IN SUCH MANNER THAT THE LIMITATIONS OR PREVIOUS EXCLUSIONS CANNOT APPLY TO YOU. IN THESE STATES OUR LIABILITY IS LIMITED TO THE MAXIMUM ALLOWED BY LAW.

• General

These Terms of Use, and any of rights and licenses granted in this document, could not be transferred or assigned by you, but they can be assigned by us without restriction.

These Conditions of Use are governed by substantive internal laws of Spain without respect to their conflict of legal provisions. You accept that you expressly submit yourself to exclusive and personal jurisdiction of the courts in the city of Madrid in the country of Spain. If any provision of these Conditions of Use is considered invalid by the court of competent jurisdiction, the invalidity of such provision will not affect the validity of remaining provisions of the Terms of Use which will be in force. The fact that we may act or enforce any provision of the Conditions of Use will not be understood as a renunciation to such provision or any other provision of these Conditions of Use. No renunciation will be valid against us, unless it is done in writing, and any renunciation will be understood as a resignation in an instance a posteriori. With exception of these Conditions expressly agreed between both sides, these Terms of Use constitute a complete agreement between you and us in relation with any issue, and they replace all previous and contemporary agreements, orals or writings between both sides in regard to the issue. The section headlines are provided for your convenience and do not have any legal value. These Terms of Use will benefit our successors, assignees and licensors.

• Sportize.me Service for (iSpzM) iPhone mobile terminals: Supplementary Terms and Conditions

This site may also include access to certain optional features and information services and fitness data management through (“iSpzM ") iPhone mobile terminals. The ”ISpzM" Service is a collection of services to help with training and premium nutritional advice that is available only under these Terms and Conditions, in addition to the Conditions of Use (hereinafter the "Agreement") and subject to payment of reference fees below. When registering with the "ISpzM” service through your account setting page, you acknowledge and agree the terms and conditions of this Agreement.

• Sportize.me Service for (iSpzM) iPhone terminals: Termination of services

You may terminate this Agreement at any time by canceling your subscription through your account setting page. You will not receive a refund for any fees that have been paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND WE ARE NOT RESPONSIBLE FOR ANY INCONVENIENT TERMINATION OF YOUR SERVICE OR CHARGES TO YOUR CREDIT CARD OR EXPENSES YOU MAY SUFFER AS A RESULT OF AN INCONVENIENT TERMINATION OF YOUR SERVICE AND THIS AGREEMENT.We may terminate this Agreement, deactivate your account, and/or put your account on inactive status, in each case or anytime with reasonable cause or violation of these terms of service contract, and with or without prior notice. We shall have no liability to you or any third party because of such termination or action.

• Sportize.me monthly service fees for (iSpzM 1) iPhone mobile terminals

If you choose to register with the Sportize.me (iSpzM 1) iPhone mobile terminals’ monthly subscription service, you will be subject to monthly subscription fees according to the Fee List (the "Fee List"). You must send the monthly payment in advance for access to the "iSpzM 1" service. Access to "iSpzM 1" service will be deactivated until payment is received. Fees will automatically be charged monthly even if you do not actively use the "iSpzM 1" service.

• Sportize.me quarterly service fees for (iSpzM 3) iPhone mobile terminals

If you choose to register with Sportize.me (iSpzM 3) iPhone mobile terminals’ quarterly subscription service, you will be subjected to quarterly subscription fees according to the Fee List (the "Fee List"). You must send the quarterly payment in advance for access to the "iSpzM 3" service. Access to the "iSpzM 3" service will be deactivated until payment is received. Fees will automatically be charged quarterly even if you do not actively use the "iSpzM 3" service.

• Sportize.me biannual service fees for (iSpzM 6Pro) iPhone mobile terminals

If you choose to register with Sportize.me (iSpzM 6Pro) iPhone mobile terminals’ biannual subscription service, you will be subject to biannual subscription fees according to the Fee List (the "Fee List"). You must send the biannual payment in advance for access to the "iSpzM 6Pro" service. Access to the "iSpzM 6 Pro" service will be deactivated until payment is received. Fees will automatically be charged biannually even if you do not actively use the "iSpzM 6 Pro" service.

• Sportize.me Service for (aSpzM) Android mobile terminals: Supplementary Terms and Conditions

This site may also include access to certain optional features and information services and fitness data management through ("aSpzM") Android mobile terminals. The ”aSpzM" Service is a collection of services that help with training and premium nutritional advice that is available only under these Terms and Conditions, in addition to the Conditions of Use (hereinafter the "Agreement") and subject to payment of reference fees below. When registering with the "aSpzM” service through your account setting page, you acknowledge and agree to the terms and conditions of this Agreement.

• Sportize.me Service for (aSpzM) Android mobile terminals: Termination of services

You may terminate this Agreement at any time by canceling your subscription through your account setting page. You will not receive a refund for any fees already paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND WE ARE NOT RESPONSIBLE FOR THE INCONVENIENT TERMINATION OF YOUR SERVICE OR CHARGES TO YOUR CREDIT CARD OR EXPENSES YOU MAY SUFFER AS A RESULT OF AN INCONVENIENT TERMINATION OF YOUR SERVICE AND THIS AGREEMENT.We may terminate this Agreement, deactivate your account, and/or put your account on inactive status, in each case or anytime with reasonable cause or violation of these terms of service contract, and with or without prior notice. We shall have no liability to you or any third party because of such termination or action.

• Sportize.me monthly service fees for (aSpzM 1) Android mobile terminals

If you choose to register with the Sportize.me (aSpzM 1) Android mobile terminals’, monthly subscription service, you will be subject to monthly subscription fees according to the Fee List (the "Fee List"). You must send the monthly payment in advance for access to the "aSpzM 1" service. Access to the "aSpzM 1" service will be deactivated until payment is received. Fees will automatically be charged monthly even if you do not actively use the "aSpzM 1" service.

• Sportize.me quarterly service fees for (aSpzM 3) Android mobile terminals

If you choose to register with the Sportize.me (aSpzM 3) Android mobile terminals’ quarterly subscription service, you will be subject to quarterly subscription fees according to the Fee List (the "Fee List"). You must send the quarterly payment in advance for access to the "aSpzM 3" service. Access to the "aSpzM 3" service will be deactivated until payment is received. Fees will automatically be charged quarterly even if you do not actively use the "aSpzM 3" service.

• Sportize.me biannual service fees for (aSpzM 6Pro) Android mobile terminals

If you choose to register with the Sportize.me ("aSpzM 6Pro") Android mobile terminals’ biannual subscription service, you will be subject to biannual subscription fees according to the Fee List (the "Fee List"). You must send the biannual payment in advance for access to the "aSpzM 6Pro" service. Access to the "aSpzM 6 Pro" service will be deactivated until payment is received. Fees will be automatically charged biannually even if you do not actively use the "aSpzM 6 Pro" service.

• Sportize.me Service for (BbSpzM) Blackberry mobile terminals: Supplementary Terms and Conditions

This site may also include access to certain optional features and information services and fitness data management through ("BbSpzM") Blackberry mobile terminals. The ”BbSpzM" Service is a collection of services to help with training and premium nutritional advice that is available only under these Terms and Conditions, in addition to the Conditions of Use (hereinafter the "Agreement") and subject to payment of reference fees below. When registering at the "BbSpzM” service through your account setting page, you acknowledge and agree to the terms and conditions of this Agreement.

• Sportize.me Service for (BbSpzM) Blackberry mobile terminals: Termination of services

You may terminate this Agreement at any time by canceling your subscription through your account setting page. You will not receive a refund for any fees already paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND WE ARE NOT RESPONSIBLE FOR THE INCONVENIENT TERMINATION OF YOUR SERVICE OR CHARGES TO YOUR CREDIT CARD OR EXPENSES YOU MAY SUFFER AS A RESULT OF AN INCONVENIENT TERMINATION OF YOUR SERVICE AND THIS AGREEMENT.We may terminate this Agreement, deactivate your account, and/or put your account on inactive status, in each case or anytime with reasonable cause or violation of these terms of service contract, and with or without prior notice. We shall have no liability to you or any third party because of such termination or action.

• Sportize.me monthly service fees for (BbSpzM 1) Blackberry mobile terminals

If you choose to register with the Sportize.me ("BbSpzM 1") Blackberry mobile terminals’ monthly subscription service, you will be subject to monthly subscription fees according to the Fee List (the "Fee List"). You must send the monthly payment in advance for access to the "BbSpzM 1" service. Access to the "BbSpzM 1" service will be deactivated until payment is received. Fees will be automatically charged monthly even if you do not actively use the "BbSpzM 1" service.

• Sportize.me quarterly service fees for (BbSpzM 3) Blackberry mobile terminals

If you choose to register with the Sportize.me (BbSpzM 3) Blackberry mobile terminals’ quarterly subscription service, you will be subject to quarterly subscription fees according to the Fee List (the "Fee List"). You must send the quarterly payment in advance for access to the "BbSpzM 3" service. Access to the "BbSpzM 3" service will be deactivated until payment is received. Fees will be automatically charged quarterly even if you do not actively use the "BbSpzM 3" service.

• Sportize.me biannual service fees for (BbSpzM 6Pro) Blackberry mobile terminals

If you choose to register with the Sportize.me (BbSpzM 6Pro) Blackberry mobile terminals’ biannual subscription service, you will be subject to biannual subscription fees according to the Fee List (the "Fee List"). You must send the biannual payment in advance for access to the "BbSpzM 6Pro" service. Access to the "BbSpzM 6 Pro" service will be deactivated until payment is received. Fees will be automatically charged biannually even if you do not actively use the "BbSpzM 6 Pro" service.

• Sportize.me Service for (wSpzM) Windows Phone mobile terminals: Supplementary Terms and Conditions

This site may also include access to certain optional features and information services and fitness data management through ("wSpzM") Windows Phone mobile terminals. The ”wSpzM" Service is a collection of services to help with training and premium nutritional advice that is available only under these Terms and Conditions, in addition to the Conditions of Use (hereinafter the "Agreement") and subject to payment of reference fees below. When registering for the "wSpzM” service through your account setting page you acknowledge and agree the terms and conditions of this Agreement.

You may terminate this Agreement at any time by canceling your subscription through your account setting page. You will not receive a refund for any fees already paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND WE ARE NOT RESPONSIBLE FOR THE INCONVENIENT TERMINATION OF YOUR SERVICE OR CHARGES TO YOUR CREDIT CARD OR EXPENSES YOU MAY SUFFER AS A RESULT OF THE INCONVENIENT TERMINATION OF YOUR SERVICE AND THIS AGREEMENT.We may terminate this Agreement, deactivate your account, and/or put your account on inactive status, in each case or anytime with reasonable cause or violation of these terms of service contract, and with or without prior notice. We shall have no liability to you or any third party because of such termination or action.

• Sportize.me monthly service fee for (wSpzM 1) Windows Phone mobile terminals

If you choose to register with the Sportize.me (wSpzM 1) Windows Phone mobile terminals’ monthly subscription service, you will be subject to monthly subscription fees according to the Fee List (the "Fee List"). You must send the monthly payment in advance for access to the "wSpzM 1" service. Access to the "wSpzM 1" service will be deactivated until payment is received. Fees will automatically be charged monthly even if you do not actively use the "wSpzM 1" service.

• Sportize.me monthly service fee for (wSpzM 3) Windows Phone mobile terminals

If you choose to register with the Sportize.me (wSpzM 3) Windows Phone mobile terminals’ monthly subscription service, you will be subject to monthly subscription fees according to the Fee List (the "Fee List"). You must send the quarterly payment in advance for access to the "wSpzM 3" service. Access to the "wSpzM 3" service will be deactivated until payment is received. Fees will automatically be charged quarterly even if you do not actively use the "wSpzM 3" service.

• Sportize.me biannual service fee for (wSpzM 6Pro) Windows Phone mobile terminals

If you choose to register with the Sportize.me (wSpzM 6 Pro) Windows Phone mobile terminals’ biannual subscription service, you will be subject to biannual subscription fees according to the Fee List (the "Fee List"). You must send the biannual payment in advance for access to the "wSpzM 6Pro" service. Access to the "wSpzM 6 Pro" service will be deactivated until payment is received. Fees will automatically be charged biannually even if you do not actively use the "wSpzM 6 Pro" service.

• Sportize.me services for mobile terminals not included in the four types of services listed above (mSpzM): Supplementary Terms and Conditions.

This site may also include access to certain optional features and services information and fitness data management through mobile terminals not included in the four types of services listed above ("mSpzM"). The ”mSpzM" Service is a collection of services to help with training and premium nutritional advice that is available only under these Terms and Conditions, in addition to the Conditions of Use (hereinafter the "Agreement") and subject to payment of reference fees below. When registering with the "mSpzM” service through your account setting page, you acknowledge and agree to the terms and conditions of this Agreement.

• Sportize.me Service for mobile terminals not included in the four types of services listed above (mSpzM): Termination of services

You may terminate this Agreement at any time by canceling your subscription through your account setting page. You will not receive a refund for any fees already paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND WE ARE NOT RESPONSIBLE FOR THE INCONVENIENT TERMINATION OF YOUR SERVICE OR CHARGES TO YOUR CREDIT CARD OR EXPENSES YOU MAY SUFFER AS A RESULT OF THE INCONVENIENT TERMINATION OF YOUR SERVICE AND THIS AGREEMENT.We may terminate this Agreement, deactivate your account, and/or put your account on inactive status, in each case or anytime with reasonable cause or violation of these terms of service contract, and with or without prior notice. We shall have no liability to you or any third party because of such termination or action.

• Service fees without monthly or account payments with Sportize.com for mobile terminals not included in the four types of services listed above (mSpzM Free)

If you choose to register with the Sportize.me mobile terminals’ (not included in the four types of services listed above) ("mSpzM Free") prepayment service or account payments, you will be subject to prepayment subscription fees or account payments according to the Fee List (the "Fee List"). You must send the payment of the desired amount in advance for access to the service "mSpzM Free." Access to the "mSpzM Free” service will be deactivated until prepayment or account payment is received which provides a balance for the service user. The balance will expire after 12 months of inactive use with the “mSpzM Free." service.

• Sportize.me monthly service fees for mobile terminals not included in the four types of services listed above (mSpzM 1)

If you choose to register with the Sportize.me mobile terminals’ (not included in the four types of services listed above) ("mSpzM 1"), monthly subscription service, you will be subject to monthly subscription fees according to the Fee List (the "Fee List"). You must send the monthly payment in advance for access to the "mSpzM 1" service. Access to the "mSpzM 1" service will be deactivated until payment is received. Fees will automatically be charged monthly even if you do not actively use the "mSpzM 1" service.

• Sportize.me quarterly service fees for mobile terminals not included in the four types of services listed above (mSpzM 3)

If you choose to register with the Sportize.me mobile terminals’ (not included in the four types of services listed above) ("mSpzM 3") quarterly subscription service, you will be subject to quarterly subscription fees according to the Fee List (the "Fee List"). You must send the quarterly payment in advance for access to the "mSpzM 3" service. Access to the "mSpzM 3" service will be deactivated until payment is received. Fees will be automaticallycha charged quarterly even if you do not actively use the "mSpzM 3" service.

• Sportize.me biannual service fees for mobile terminals not included in the four types of services listed above (mSpzM 6PRO)

If you choose to register with Sportize.me mobile terminals’ (not included in the four types of services listed above) ("mSpzM 6 Pro") biannual subscription service, you will be subject to biannual subscription fees according to the Fee List (the "Fee List"). You must send the biannual payment in advance for access to the "mSpzM 6Pro" service. Access to the "mSpzM 6 Pro" service will be deactivated until payment is received. Fees will automatically be charged biannually even if you do not actively use the "mSpzM 6 Pro" service.

• Web / mail (@ SpzM) Sportize.me Service: Supplementary Terms and Conditions

This site may also include access to certain optional features and information services and fitness data management through the webpage, www.sportize.me, by sending information services to the user's email ("@ SpzM"). The “@SpzM” service is a collection of services to help with training and premium nutritional advice that is available only under these Terms and Conditions, in addition to the Conditions of Use (hereinafter the "Agreement") and subject to payment of reference fees below. When registering at the “@SpzM” service through your account setting page, you acknowledge and agree to the terms and conditions of this Agreement.

• Web / mail (@ SpzM) Sportize.me Service: Termination of services

You may terminate this Agreement at any time by canceling your subscription through your account setting page. You will not receive a refund for any fees already paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND WE ARE NOT RESPONSIBLE FOR THE INCONVENIENT TERMINATION OF YOUR SERVICE, OR CHARGES TO YOUR CREDIT CARD OR EXPENSES YOU MAY SUFFER AS A RESULT OF THE INCONVENIENT TERMINATION OF YOUR SERVICE AND THIS AGREEMENT.

We may terminate this Agreement, deactivate your account, and/or put your account on inactive status, in each case or anytime with reasonable cause or violation of these terms of service contract, and with or without prior notice. We shall have no liability to you or any third party because of such termination or action.

• Sportize.me monthly service fees for web / mail (@ SpzM 1)

If you choose to register with Sportize.me through the webpage, www.sportize.me, by sending information to the user's email ("@SpzM 1") monthly subscription service, you will be subject to monthly subscription fees according to the Fee List (the "Fee List"). You must send the monthly payment in advance for access to the "@SpzM 1" service. Access to the"@SpzM 1" service will be deactivated until payment is received. Fees will automatically be charged monthly even if you do not actively use the "@SpzM 1" service.

• Sportize.me quarterly service Fees for web / mail (@ SpzM 3)

If you choose to register with Sportize.me through the webpage, www.sportize.me, by sending information to the user's email ("@SpzM 3") quarterly subscription service, you will be subject to quarterly subscription fees according to the Fee List (the "Fee List"). You must send the quarterly payment in advance for access to the "@SpzM 3" service. Access to the "@SpzM 3" service will be deactivated until payment is received. Fees will be automatically charged quarterly even if you do not actively use the "@SpzM 3" service.

• Web (eSpzM) Sportize.me Service: Supplementary Terms and Conditions

This site may also include access to certain optional features and information services and fitness data management exclusively through the webpage, www.sportize.me, by sending information to the user's mail ("eSpzM"). The ”eSpzM" Service is a collection of services to help with training and premium nutritional advice that is available only under these Terms and Conditions, in addition to the Conditions of Use (hereinafter the "Agreement") and subject to payment of reference fees below. By registering with the "eSpzM” service through your account setting page, you acknowledge and agree to the terms and conditions of this Agreement.

• Web (eSpzM) Sportize.me Service: Termination of services

You may terminate this Agreement at any time by canceling your subscription through your account setting page. You will not receive a refund for any fees already paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND WE ARE NOT RESPONSIBLE FOR THE INCONVENIENT TERMINATION OF YOUR SERVICE, OR CHARGES TO YOUR CREDIT CARD OR EXPENSES YOU MAY SUFFER AS A RESULT OF THE INCONVENIENT TERMINATION OF YOUR SERVICE AND THIS AGREEMENT.

We may terminate this Agreement, deactivate your account, and/or put your account on inactive status, in each case or anytime with reasonable cause or violation of these terms of service contract, and with or without prior notice. We shall have no liability to you or any third party because of such termination or action.

• Sportize.me monthly service fees for web (eSpzM 1)

If you choose to register with the Sportize.me plan exclusively through the webpage, www.sportize.me, by sending information to the user's mail ("eSpzM 1") monthly subscription service, you will be subject to monthly subscription fees according to the Fee List (the "Fee List"). You must send the monthly payment in advance for access to the "eSpzM 1" service. Access to the "eSpzM 1" service will be deactivated until payment is received. Fees will automatically be charged monthly even if you do not actively use the "eSpzM 1" service.

• Sportize.me quarterly service fees for web (eSpzM 3)

If you choose to register with Sportize.me exclusively through the webpage, www.sportize.me, by sending information to the users mail ("eSpzM 3") quarterly subscription service, you will be subject to quarterly subscription fees according to the Fee List (the "Fee List"). You must send the quarterly payment in advance for access to the "eSpzM 3" service. Access to the "eSpzM 3" service will be deactivated until payment is received. Fees will automatically be charged quarterly even if you do not actively use the "eSpzM 3" service.

• Fee plan, discounts

You are responsible for reviewing the fee list from time to time and for being aware of the fees charged by us and all applicable discounts. The Fee List, including subscriber discounts or any other discounts, is subject to change at any time at our sole discretion. We will make the best efforts to notify you before any changes to the Fee List occur.

• Payment

Payment for Sportize.me services will be carried out by bank transfer, credit card, Paypal ®, ClickandBuy, or by accounts accepted by us, or Western Union or SMS Premium in countries where permitted. Fees are paid in Euros (€). You hereby authorize us to charge your credit card for such amounts monthly, quarterly, or biannually from when your subscription begins aa aand continuing regularly until your account is cancelled. If for any reason we cannot make the automatic payment via your credit card, we will try to notify you by email and your subscription will be deactivated until payment is received. The amounts paid for the Sportize.me service, including prepayments and account payments, are not refundable.

• Fee List

Your Fee List is located in the Subscriptions tab in your Account Settings in "billing dates." The Fee List displays the estimated next billing date and fee for the Sportize.me service contracted.