General Terms and Conditions Motifaith Motifaith App and Online Portal supported by Virtuagym. These are the
General Terms and Conditions, as used by Virtuagym, a limited liability company, registered as Digi!t B.V. at the
Chamber of Commerce at Amsterdam with number 34296133 (hereafter: Virtuagym). VIRTUAGYM is a registered
trademark of DIGIFiT B.V.
By making use of the website, mobile apps and any other products and services of Virtuagym (hereafter: the
Products) you declare to explicitly agree with all General Terms and Conditions of Virtuagym (hereafter: Terms and
Conditions).
The Terms and Conditions apply to Virtuagyms end-users (hereafter: Consumers) and the Virtuagyms business
users of Virtuagym Professional products and services (hereafter: Professional Clients) and their clients (hereafter:
Client Members). Consumers, Professional Clients and Client Members will be referred to in general as Users. Users
and Virtuagym will be referred to as Parties.
1. Privacy Policy 1.1 Virtuagym cares highly about the privacy of its Users and therefore values a clear privacy
policy. Virtuagym shall never share, sell or otherwise transfer any Personal Data (Persoonsgegevens) of its Users
to third parties. Please read our Privacy Statement to learn more about the privacy policy of Virtuagym about
the user data.
2. Use 2.1 The use of the Products is only allowed, if the General Terms and Conditions and the Privacy Statement
are agreed upon, with a few exceptions in several cases mentioned hereafter. Therefore, by using one or more
Products, the Party declares to agree with the Terms and Conditions. 2.2 Virtuagym reserves the right to forbid
the use of and/or access to her products without (prior) notice or reason, for example by blocking or removing
pro!les or by blocking IP-addresses of computers, in case Virtuagym !nds this appropriate due to whatever
reason. 2.3 Consumer Pro!les are restricted to natural persons for personal use only and public groups are for
users with a joint interest only. Companies and other institutions, like foundations, gyms and other commercial
companies are only allowed to create groups within the Virtuagym Professional services, not on the public
version of the Products, unless they have received prior written permission from Virtuagym. 2.4 Pro!les and
groups contrary to previous rules can be removed, without prior notice.
3. Objectionable Content Policy Content may not be submitted to the Products and Virtuagym moderates all
content and ultimately decides whether or not to post a submission to the extent such content includes, is in
conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to:
(i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or
profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy,
publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the
use or sale of illegal or regulated substances, tobacco products, ammunition and/or !rearms; and (v) gambling,
including without limitation, any online casino, sportsbooks, bingo or poker.
4. Age Restrictions By using the Products of Virtuagym, you represent and warrant that (a) you are 16 years of age
or older and you agree to be bound by this Agreement; (b) if you are under 16 years of age, you have obtained
veri!able consent from a parent or legal guardian; and (c) your use of the Products does not violate any
applicable law or regulation. Your access to the Products may be terminated without warning if Virtuagym
believes, in its sole discretion, that you are under the age of 16 years and have not obtained veri!able consent
from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your
child’s use of the Products, you agree to be bound by this Agreement concerning your child’s use of the
Products.
5. O”ered information 5.1 Although the information on this website and contained within the other Products
except for the user-generated content is made with great care, complete accuracy, reliability or suitability
whatsoever cannot be guaranteed. Therefore, in case you rely on the information on this website or contained
within the other Products, whether or not originating from Virtuagym or one of its employees, this is completely
at your own risk. 5.2 The information is explicitly not meant for replacing medical care, medical advice or
support by professionals within other disciplines. Virtuagym should in example never be used for (self)diagnosis.
In any case, it is strongly recommended that users immediately consult their doctor with any medical questions,
complaints and/or symptoms. 5.3 By accepting these Terms and Conditions the Party explicitly recognizes that
Virtuagym cannot be held liable for any defects and/or wrong information contained within the information
o”ered, and the possible damage which may occur as a result thereof.
6. Physical exercise and Nutrition 6.1 Performing physical exercise or following a diet plan can pose a health risk,
ranging from injuries to death. Users that wish to start with any form of physical exercise or a diet plan with the
Products, must always consult their doctor and/or dietitian before starting said exercise or plan. Users who
experience any form of pain or become dizzy or short of breath should immediately stop the physical exercise
or their diet plan and contact a doctor for advice.
7. Rights of intellectual property 7.1 By accepting these Terms and Conditions the Party explicitly recognizes that
all designs, information, images and other content within the Products with exception of user-generated content
are property of Virtuagym, and are protected by relevant laws of intellectual property, including but not
restricted to copyrights, trademark rights, database rights, neighboring rights, patents, and design rights. 7.2
Virtuagym grants users a limited, personal, non-exclusive, non-sub-licensable, non-transferable and revocable
right to use the Products for personal purposes and under the terms and conditions, as stated in these General
Terms and Conditions. 7.3 In case Virtuagym and a third party, being a company or institution, agree upon the
licensing of one or more of the Products, this concerns a limited, non-exclusive, not sub-licensable, nontransferable
and revocable right to use said Products concerned. 7.4 It is explicitly forbidden to copy, duplicate,
modify, publish or use the designs, information, graphics and other content for direct or indirect commercial
purposes, unless explicitly agreed in written form with Virtuagym. 7.5 The Party declares not to perform any acts
which infringe or can infringe the (intellectual property- or database) rights of Virtuagym or third parties.
8. Licensing for shared information 8.1 The Party grants Virtuagym in exchange for the services granted by
Virtuagym a continued, worldwide, unlimited, irrevocably, non-exclusive license without any extra remuneration
by Virtuagym, including the right to sub-license, to all information, including but not limited for texts, images,
photos, video and sound !les, designs and user information, which is uploaded to, shared with or saved within
the Products or shared with Virtuagym in any other way by the Party(hereafter: the Shared Information), to use,
copy, distribute, transfer, perform, modify, or use otherwise, for commercial or other purposes through all
existing media. 8.2 By accepting the General Terms of Conditions, the opposite party guarantees that the Shared
Information does not infringe any intellectual property right, privacy or other rights of third parties, does not
contravene the law, does not contains (child)pornographic material or is otherwise o”ensive, does not
constitute threat or defamation, is free from viruses or other code which is harmful or can be harmful to
computers, other electronics or the data or programs contained thereon, and has no commercial purpose. 8.3
The Party remains fully responsible and liable for any direct or indirect damage caused by Virtuagym and third
parties due to the Shared Information by the Party.
9. User information and registration 8.1 The Party declares that the information provided, in example for
registration, is correct and complete and that it will update these where possible within the Products, in case of
changes. Any passwords should be kept carefully and may not be shared with third parties. 8.2 The Party may
not grant third parties access to Products via his registered account. In case the Party shares his account access
information with third parties, he will be fully responsible and liable for direct and indirect damage resulting
thereof. 8.3 The Party agrees that Virtuagym saves, processes and stores all the data provided by the Party,
including through the use of the Products. Please also see our Privacy Statement.
10. Communication 9.1 Virtuagym may send varying communications to users via the Products, including update
noti!cations or reminders, e-mails or other communications. Users can indicate at the settings until what
extend they wish to receive said communications. 9.2 The Party agrees that Virtuagym may approach the Party
for important changes or updates of the Products, in case deemed necessary by Virtuagym. Such
communication shall in principle never contain any commercial messages from third parties. 9.3 members can
communicate with each other within the Products, e.g. by placing comments or sending messages or discussing
within groups. The Party declares not to send spam, or any other communications which are undesired by the
receiver, being commercial or otherwise, including but not limited to threatening, aggressive, obscene,
ignominious, o”ending, privacy infringing or commercial communications. Any acts contrary to this condition
can as with the other conditions result in immediate denial of access and use of the Products and termination of
the user license. 9.4 Virtuagym is at any time free to delete any user communications or other Shared
Information without any prior or further notice if these are regarded to be below standard or otherwise
inappropriate by Virtuagym. 9.5 For all communication and contact via the Products the following user
guidelines apply: a) Keep it always fun and positive! b) Treat each other with respect c) Respect each others
opinion, even if you do not agree with it d) Do not place o”-topic messages within discussions e) Do not bother
people with irrelevant matters f) Do not advertise for any products or services
11. Information from third parties 10.1 The Products may contain information from third parties or refer thereto,
including but not restricted to information created by users, advertisements, banners and website links
(hereafter: Information from Third Parties). 10.2 Information from Third Parties generally is and cannot be
previously checked by Virtuagym, which means that we can not guarantee the quality and validity thereof.
Virtuagym is not responsible or liable for Information from Third Parties, nor for the possible direct or indirect
damage which may result from it. 10.3 Third parties may connect to Virtuagym via the API and obtain access to
publicly available data contained within the Products, including possibly personal user data which has been
published on the Products with their permission. Besides, that third parties can obtain access to public and
closed personal data via the API when a user explicitly permits it. The General Terms and Conditions and Privacy
Statement from Virtuagym do in principal not apply to applications from third parties. These third parties may
use di”erent General Terms and Conditions and Privacy Statements.
12. Unlawful information 11.1 After a report Virtuagym will investigate the presence of unlawful information in one
or more of the Products within a reasonable time and will take action against it if possible. Any unlawful
communication should be reported directly via e-mail to info@virtuagym.com. 11.2 This report should, in any
case, contain the following information: a) the URL where the alleged unlawful information can be found. b) your
explicit statement that the material is unlawful and why. c) in case it is a case of infringement of rights of
intellectual property, you need to substantiate that you are the rightful owner of said rights, and to which extent
the information infringes said rights. d) in case you represent someone else, an authorization that allows you to
act on behalf of the rightful claimant, signed by the rightful claimant. e) Your name, email address, address and
phone number, so that Virtuagym can contact you.
13. Paid Products 12.1 The listed prices of the Products are in Euros and exclusive VAT unless explicitly stated
otherwise. 12.2 All listed prices are conditional and can be adjusted without prior notice. 12.3 Termination of
periodical subscriptions cannot take e”ect before the end of the period that has been agreed upon. Such
termination has to be done at least 1 month, before the end of the (renewed) contract period. For monthly
subscriptions, termination has to take place 2 weeks before this. Without termination, the subscriptions will
automatically be extended after the agreed period has ended, in principle for the same period, unless otherwise
agreed. Users can unsubscribe at any time, although the aforementioned notice term applies. 12.4 To terminate
a subscription e”ectively, the user should follow this link. The membership will end on the given end date. 12.5
Payment is due once the agreement is in place unless otherwise agreed upon. 12.6 The Products shall be
delivered as soon as possible or within the agreed period after payment. Virtuagym accepts no liability for any
damage, in case the delivery takes place after the agreed period.
14. Modi!cations to the Products 13.1 Virtuagym explicit reserves the right at any time to modify, stop or change a
part of, or the whole of one or more of the Products, for a determined period or always, without prior
noti!cation or after to the Party, whether it concerns paid or unpaid Products. 13.2 This may also result in nonaccessibility
or loss of a part of the whole of the Shared Information, including the Shared Information of the
Party. Virtuagym cannot be held liable for any direct or indirect damage resulting thereof. 13.3 In case of such a
modi!cation of the Products, for whatever reason, the Party will have on his request the (already) paid amounts
to Virtuagym or her partners refunded pro ratio.
15. Modi!cation of the General Terms and Conditions 14.1 Virtuagym reserves the right to change her General
Terms and Conditions at any time. After such a modi!cation the changed General Terms and Conditions will be
o”ered for inspection immediately on the website. 14.2 By using the website and the other products of
Virtuagym after changes to the General Terms and Conditions the Party declares to agree to the new general
terms and Conditions.
16. Conformity and exclusion of liability 15.1 The Products and the content thereof are delivered by Virtuagym as
such, including potential defects. 15.2 Nor Virtuagym, nor her partners or suppliers give any guarantee, explicit
or implicit, regarding the functionality of the Products or any content thereof. 15.3 Virtuagym cannot and does
not guarantee that the Products are available at any moment at any location, and that said availability occurs
safely, or that any errors will be solved or that the Products are free from viruses or other potentially damaging
software or parts. 15.4 The Party acknowledges that the Products may contain potential (hidden) defects and
accepts the risks for any direct or indirect damage which may occur thereof. The Party cannot terminate an
agreement based on non-compliance.
17. Electronic signature 16.1 By using the Products the Party provides an electronic signature so that these General
Terms and Conditions apply.
18. Application and competence 17.1 These General Terms and Conditions replace all prior agreements or
commitments unless these are explicitly agreed upon by an authorized director of Virtuagym. 17.2 One or more
parts of these General Terms and Conditions may not apply in the applicable legal system. In such a case the
remaining parts of this agreement remain valid between parties. 17.3 Dutch Law applies to this agreement. Any
disputes which may result from this agreement will be exclusively decided upon by the competent court in
Amsterdam, The Netherlands.
