Terms of Service
Last updated: July 2026 (Version 5)
These Terms govern your use of Fittery (the “App”), a discovery and booking platform connecting users with independent private fitness trainers in Munich and, later, other cities. The App is operated by Maksym Savolia, Cimbernstraße 49C, 81377 München, Germany (“we”, “us”).
1. Role of the App — Intermediary Only
Fittery is exclusively a technical intermediary and discovery platform. All training services are offered and performed by independent, self-employed trainers in their own name and for their own account. Trainers are not employees, agents, or subcontractors of Fittery. The contract for any training session is concluded solely between you and the trainer; Fittery is not a party to that contract and assumes no responsibility for the existence, quality, safety, legality, or outcome of training sessions.
2. No Payment Services
All payments are made off-platform, directly between you and the trainer (for example via PayPal). Fittery never receives, holds, processes, escrows, or forwards any funds and does not provide payment services within the meaning of the German Payment Services Supervision Act (ZAG). Any payment dispute, refund claim, or chargeback must be resolved directly between you and the trainer via the payment provider used. Our support team may assist with communication as a courtesy, without any legal obligation to do so.
3. Trainer Verification — Scope and Limits
Trainers on Fittery go through a verification step before their profile becomes visible: we review a verification document (such as a business registration) and conduct a personal conversation with the trainer. A “Verified” badge confirms ONLY that this identity-plausibility check took place. It is NOT a guarantee, warranty, or certification of professional qualifications, training licences, insurance coverage, health-related competence, or the quality or safety of any session. You remain responsible for assessing whether a trainer and a session are suitable for you.
4. Health and Safety — Participation at Your Own Risk
Physical exercise carries inherent risks. You participate in sessions at your own risk and are responsible for assessing your own health and fitness before booking; where in doubt, consult a physician first. During a session, the trainer — not Fittery — is solely responsible for the safe conduct of the training. Inform the trainer of any health conditions, injuries, or limitations before the session begins.
5. Eligibility
You must be at least 16 years old to use the App. Users under 18 should obtain parental consent before participating in physical activities.
6. Bookings
Booking requests are confirmed by the trainer. Session listings, prices, locations, and descriptions are content created by the respective trainer; the trainer is responsible for their accuracy. Fittery does not systematically review trainer-created content but will act on substantiated reports of unlawful content (see Section 8).
7. Cancellations and Right of Withdrawal
Consumer law (§ 356 BGB) grants you a 14-day right of withdrawal for services booked online. By expressly requesting that the service begin before the end of this period, you may lose this right pursuant to § 356 Abs. 4 BGB. Individual trainers may define their own cancellation windows, shown at booking. Because the training contract exists between you and the trainer, withdrawal and cancellation claims are directed at the trainer.
8. Conduct and Reporting
You agree to treat trainers and other users with respect, attend booked sessions, and follow safety instructions. Abusive or fraudulent behaviour may lead to account suspension. You can report trainers, sessions, or safety concerns in-app; we review substantiated reports and may remove content or suspend accounts.
9. Content You Provide
Trainers upload content such as profile photos, biographies, and session titles and descriptions. You retain all rights in the content you provide. By uploading it you grant us a simple (non-exclusive), royalty-free, revocable licence to store, reproduce, and publicly display that content for the purpose of operating and promoting the App and the associated website. The licence ends when you delete the content or your account, except for copies already distributed in materials that can no longer reasonably be recalled. You warrant that you hold the necessary rights to the content you upload and that it infringes no third-party rights.
10. Alpha Phase — Free Service, No Availability Guarantee
The App is currently provided free of charge in an alpha phase. We do not guarantee uninterrupted availability, error-free operation, or the continued existence of any feature. We may modify, suspend, or discontinue the App or individual features; where reasonably possible we will announce material changes in advance. No commission is charged on bookings during the alpha phase.
11. Liability
We are liable without limitation for damages arising from intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), for injury to life, body, or health, and under the German Product Liability Act. In cases of slight negligence, we are liable only for breach of essential contractual obligations (Kardinalpflichten) — obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose fulfilment you may regularly rely — and such liability is limited to the foreseeable damage typical for this type of contract. Any further liability is excluded. Since training contracts are concluded exclusively between you and the trainer, claims arising from the training itself (including personal injury during a session) are directed at the trainer.
12. Changes
We may update these Terms. Material changes will be communicated in-app and require renewed consent for continued use.
13. Applicable Law and Jurisdiction
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a merchant, the place of jurisdiction is Munich; statutory consumer jurisdiction rules remain unaffected.
14. Severability
Should any provision of these Terms be or become invalid, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a provision that comes as close as possible to the intended commercial purpose.
Contact: support@fittery.app