TERMS OF USE & PRIVACY POLICY


TERMS OF USE (Updated on September 22, 2015)

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE, APP OR SERVICES. In the event of doubt in relation to this document or to BTFIT, please contact the BTFIT call center via e-mail: info@btfit.com.br.

This document and all other user policies referred to herein, including the STATEMENT OF LIABILITY, available at www.btfit.com.br/tr and the PRIVACY POLICY, available at www.btfit.com.br/pp (collectively, the “TERMS OF USE\") describe the terms and conditions under which BTFIT SERVICES DE PRESCRIÇÃO E ACOMPANHAMENTO DE TREINOS DESPORTIVOS S.A., corporation with principal place of business at Rua Vinícius de Moraes nº 111, 6º andar, parte, 22411-010, Rio de Janeiro, Brazil, duly enrolled with the Corporate Taxpayers’ Register under CNPJ/MF No. 19.788.982/0001-56, if you are an Android user in Brazil, and, if you are an iOs user or Android user in any country other than Brazil, BTFIT Overseas S.à.r.l, limited-liability company organized according to the laws of Luxembourg, with principal place of business at Rua Guillaume Kroll 5, L-1882, Luxemburg, registered with the Registry of Commerce of Luxemburg under No. B195476 9, hereinafter referred to solely as “BTFIT”, offer you (“USER” or “YOU”) access to website www.btfit.com.br (the “SITE”), to mobile app BTFIT (the “APP”) and to the services, content, product or apps, as well as to any information, suggestions and/or services provided to USER in or via the SITE and the APP, made available by BTFIT, which, together with the SITE and APP, are hereinafter referred to as “SERVICES”, and also make virtual space available for third parties to promote and offer their products and services (“THIRD-PARTY ADVERTISERS”). Hence, when using the SERVICES (access to the SITE, APP or use of the SERVICES), USER represents to have read, understood and accepted these TERMS OF USE.

1   ACCEPTANCE OF THE TERMS OF USE

1.1   When registering and/or using the SERVICES, in any way, including, but not limited to the download of the APP or the access to or use of the SITE, YOU agree to all the terms and conditions hereof, as well as with any other rules, policies or procedures that BTFIT may disclose in the SITE or APP, from time to time.

1.2   Certain SERVICES may be further subject to additional conditions, which, once disclosed by BTFIT, shall automatically be integral part hereof.

2   LEGAL CAPACITY, PROFILE INFORMATION AND ACCESS ACCOUNT

2.1   When accessing the SERVICES, USER represents to have the legal capacity to engage, to be at least eighteen (18) years old or to be legally emancipated. Minors under eighteen (18) years of age or who are not legally emancipated may not access the SERVICES even if assisted and/or authorized by his/her parents and/or guardians.

2.2   In order to access the SERVICES, USER must sign up at the SITE or in the APP, by creating an “ACCESS ACCOUNT”. USER must fill in all fields with accurate and true information, and is also liable for updating any profile information in the event of any modification. When logging into the site with a Facebook account or any other third-party service, USER automatically accepts the collection of his/her data available in said platforms.

2.3   WARNING TO PARENTS AND/OR GUARDIANS: Guardians may be held civilly and criminally liable for acts performed by legally incapable persons in the event of failure to comply with this clause.

2.4   IF BTFIT IDENTIFIES ANY INACCURACY IN ANY INFORMATION PROVIDED BY THE USER, EVEN IF PREVIOUSLY REGISTERED, ARE ANY ILLEGALITY IN THE USER’S CONDUCT AND/OR NONCONFORMITY WITH THE RULES SET FORTH HEREIN, INCLUDING ANY ABUSE OF CONTENT, BTFIT MAY UNILATERALLY SUSPEND OR CANCEL THE CORRESPONDING ACCESS ACCOUNT, AT ITS SOLE DISCRETION, WITHOUT USER BEING ENTITLED TO ANY RIGHT TO COMPENSATION, FOR ANY REASON. HOWEVER, SUCH MEASURES NEITHER CEASES NOR DECREASES USER’S LIABILITY WITH RESPECT TO THE ACCURACY AND TRUTH OF THE DATA PROVIDED AND TO ANY ACTS EVENTUALLY PERFORMED. USERS with more than one profile may also have such profiles canceled.

2.5   Any USER who registers in the SITE or APP using third-party information may incur in the crimes of misrepresentation on a public or private document, swindling or other more serious crimes, and may be civilly or criminally liable for such conduct, pursuant to the law. USER is legally liable for the truth and accuracy of any information provided in the SITE, APP and during the use of the SERVICES, thereby indemnifying, exempting and holding BTFIT harmless from and against any liability to such end.

2.6   USER may neither appoint, register nor use: (i) the name of any other user or person without the express consent thereof in order to pretend to be such other person or to confuse other users on one’s identity; or (ii) an obscene and/or offensive user name.

2.7   USER must see to the protection and secrecy of his/her PIN and is liable for all acts performed under his/her ACCESS ACCOUNT. USER shall immediately inform BTFIT by e-mail info@btfit.com.br in the event of any unauthorized access or any security breach relative to his/her ACCESS ACCOUNT of which USER becomes aware. Considering the aforementioned events, USER must immediately his/her PIN.

2.8   USER’s profile and PIN are personal and nontransferable, and any assignment, sale, lease or any other form of transfer of the ACCESS ACCOUNT is forbidden.

3   SERVICES

3.1   SERVICES are made available to USERS providing guidance and information on improve one’s physical conditioning, for weight loss purposes and or to improve or maintain one’s well-being. Nonetheless, USER acknowledges that BTFIT neither guarantees any weight loss nor any improvement in USER’s physical conditioning or shape. USER ACKNOWLEDGES THAT BTFIT IS NOT A MEDICAL ORGANIZATION. IN THE EVENT OF CONCERNS OR DOUBTS ON ONE’S HEALTH, USER MUST SEE A PHYSICIAN OR ANY OTHER HEALTH PROFESSIONAL.

3.2   SERVICES referred to as “Personal Trainer Online” and “Training Programs” are generated based on an algorithm for the recommendation of physical exercised developed according to the main purpose of prescribing personal training routines for people who do not have any restriction to such end.

3.3   ALL SERVICES ARE EXCLUSIVELY DIRECTED AT PEOPLE WITH SUFFICIENT HEALTH TO EXERCISE, AND PRIOR PHYSICAL EXAMINATION IS RECOMMENDED BEFORE ENGAGING/USING ANY SERVICE. When using the SERVICES, USER represents and warrants as follows:

a. A physician has NEVER said to USER that USER has any heart conditions or that must only exercise under medical supervision; b. USER does NOT and has NOT had any frequent or recent chest pains; USER does NOT have frequent or recent episodes of dizziness, fainting or feeling faint; c. A physician has NEVER told USER that his/her blood pressure is high or that he/she has a family history of high blood pressure or is currently taking medication to control his/her blood pressure or for heart conditions; d. A physician has NEVER told USER that he/she has any bone or joint disorders such as arthritis, that has been aggravated by physical exercise, or which may be aggravated thereby; e. USER is UNAWARE of any material physical conditions that has not been mentioned herein, for USER not to follow a training program; f. USER shall stop practicing the exercises in the event of pain or discomfort, and shall only restart such exercises upon medical examination and approval. g. If applicable, USER is neither pregnant nor breast feeding;

3.4   USER UNDERTAKES THE INFORMATION PROVIDED ABOVE IS TRUE AND REPRESENTS TO BE IN FULL HEALTH CONDITIONS AND CAPABLE OF PERFORMING PHYSICAL EXERCISES, WITH NO MEDICAL RESTRICTION WHATSOEVER TO SUBMIT ONESELF TO A PHYSICAL TRAINING PROGRAM, AND ACKNOWLEDGES AND UNDERTAKES ALL RISKS, WHETHER KNOWN OR UNKNOWN, RELATIVE TO THE PRACTICE OF PHYSICAL EXERCISES, AT ANY LEVEL, AND, FOR SAID REASON, ACKNOWLEDGES AND AGREES THAT THE PRACTICE OF THE RECOMMENDED EXERCISES IMPLIES RISKS FOR USER’S PHYSICAL HEALTH.

3.5   As a condition to use the SERVICES, USER agrees to EXEMPT, INDEMNIFY and HOLD BTFIT, as well as the representatives, officers, partners, partner companies, employees and agents thereof, HARMLESS from and against any complaints, lawsuits, losses, liabilities, damages and expenses, reasonable attorneys’ fees and court costs included, arising out of or resulting from: (i) violation, by any USER, of any of USER’s representations, warranties and obligations set forth herein; (ii) any of USER’s acts and omissions before, during and after the provision of the SERVICES, irrespective of fault, including any negligent, reckless or imprudent conduct; (iii) the contractual relationship established between USER and other USERS or THIRD-PARTY ADVERTISERS; (iv) any damages, defects, vices or losses caused by USER to other USERS or to the SERVICES.

4   USER CONTENT AND PRIVACY

4.1   The collection, use and treatment of USERS’ private date are duly detailed in BTFIT’s Privacy Policy (“PRIVACY POLICY”). The profile and other information on the USERS are subject to the treatment defined in the PRIVACY POLICY. For further information, please see the document entitled \"PRIVACY POLICY”, available at www.btfit.com.br/pp. Such document is integral and inseparable part hereof and shall be carefully read by all USERS.

4.2   BTFIT may authorize USERS to provide statements by including their own content in the SERVICES, including sounds, images, videos and texts, as well as comments expressing their opinion on any products and services offered therein (“USER CONTENT”).

4.3   When including/promoting USER CONTENT in the SERVICES, USER agrees to act in good faith, according to the law, morale and customs, always providing accurate and true information that is not deemed improper, in violation of or that affects the honor of BTFIT, THIRD-PARTY ADVERTISERS, other USERS or any third parties. Any opinion expressed by means of the USER CONTENT must not be deemed as official statement made by BTFIT.

4.4   USER is solely and exclusively liable for the USER CONTENT, and therefore assumes all consequences resulting from said acts. It is therefore recommended for USERS to limit their comments to objective assessments of the commented products and services. Because USER is solely and exclusively liable for the USER CONTENT, EXEMPT, INDEMNIFY and HOLD BTFIT, THIRD-PARTY ADVERTISERS and any third parties HARMLESS from and against any losses and damages caused as a result of USER’s actions and omissions in violation of the provisions set forth in the laws in effect, in the TERMS OF USE on in the terms and conditions of use of the THIRD-PARTY ADVERTISERS.

4.5   BTFIT DOES NOT UNDERTAKE ANY LIABILITY FOR THE USER CONTENT, WHICH SHALL NOT BE PROACTIVELY REVIEWED OR FILTERED. BTFIT RESERVES ITSELF THE RIGHT TO REMOVE ANY USER CONTENT THAT VIOLATES THESE TERMS OF USE, AT BTFIT’S SOLE DISCRETION, WITHOUT ANY PRIOR NOTICE TO USER, AS WELL AS ANY COMMENT WHICH, AT BTFIT’S SOLE DISCRETION, CONTAINS:

a) ANY OFFENSE TO THE HONOR, IMAGE, REPUTATION AND DIGNITY OF ANY PERSONS; b) ANY PORNOGRAPHY, PEDOPHILIA AND OTHER METHODS OF SEXUAL SATISFACTION; c) RACISM OR DISCRIMINATION OF ANY NATURE; d) BULLYING, STALKING OR ANY OTHER TYPE OF ILLEGAL EMBARRASSMENT OR HARASSMENT; e) VIOLATION OF COPYRIGHT, RIGHT TO PRIVACY, REPUTATION OR ANY OTHER THIRD-PARTY RIGHT; f) USE OF THIRD-PARTY TRADEMARKS, SYMBOLS, LOGOS OR INSIGNIA; g) ANY ENCOURAGEMENT OR APOLOGY TO THE PERPETRATION OF CRIMES; h) ANY BUSINESS OR PROMOTIONAL ACTIVITY OR ACTIVITY THAT SUGGESTS THE PERFORMANCE OF ONE’S OWN OR THIRD-PARTY BUSINESS ACTIVITIES; i) ANY POLITICAL STATEMENTS; OR j) UNTRUTHFUL OR INACCURATE INFORMATION.

4.6   When including any USER CONTENT, USER automatically, irreversibly and irrevocably licenses to BTFIT and to other USERS, for the maximum term of legal protection of the USER CONTENT, in Luxemburg, Ireland and other countries abroad, Brazil included, all the rights, including any proprietary copyright over the USER CONTENT, expressly acknowledging that the other USERS, BTFIT, the licensees or assignees thereof may use the USER CONTENT, in whole or in part, as well as USER’s name and biographical information for any purposes, business and advertising purposes included, any may furthermore edit, modify, reproduce, distribute, create byproducts, exhibit, execute or in any other way exploit the USER CONTENT, provided if in any way related to the SERVICES or to BTFIT, in any media or format, including in the internet (download or streaming) and in other digital (numerical) and/or interactive media, and/or in any way connected to and/or supported by a computer (whether a desktop or notebook), multimedia and online (wireless or otherwise), by wireless means to a receptor or display device.

5   INTELLECTUAL PROPERTY

5.1   BTFIT is the sole and exclusive licensee and/or holder of all the intellectual property rights of the SERVICES, including any trademarks, logos, domain names, visual configurations, designs, patents, industrial models, texts, graphic elements, works, images and videos, among others (“BTFIT INTELLECTUAL PROPERTY”). USER is aware and agrees that any BTFIT or THIRD-PARTY ADVISER INTELLECTUAL PROPERTY may never be used without the previous and express consent of BTFIT or of the THIRD-PARTY ADVERTISERS, as the case may be. Merely accessing and using the SITE and the APP do not grant USER any license to use the BTFIT or THIRD-PARTY ADVISER INTELLECTUAL PROPERTY.

5.2   When downloading the APP, BTFIT grants a nonexclusive, nontransferable and limited license to USER to download and install a copy of the app and to execute such copy exclusively for USER’s personal use.

5.3   USER MAY NOT:

a) license, sublicense, sell, resell, transfer, assign, distribute, commercially exploit or in any other way make the SERVICES available to third parties, in any way; b) modify or create works deriving from or based on the SERVICES; c) create internet links to the SERVICES, or frame or mirror of any other in any other wired or wireless server or any internet-based device; d) reverse engineer or access the SERVICES to design or crate a competing product or service, design or create any product using similar ideas, characteristics, functions or graphic elements of the SERVICES, or to design any automatic software or script, including, but not limited to web spiders, crawlers, internet robots, web ants, web indexers, bots, virus or worms, Trojan horses or any other software that may make several requests to server per second, or to overload or improperly hinder the operation and/or performance of the SERVICES. e) send spam or any other form or double or unrequested messages, in violation of the applicable laws; f) send or store obscene, threatening, defamatory, illegal or slandering material, including any harmful material for children or which infringe third-party rights to privacy; g) send or store material containing software virus, worms, Trojan horses or any other compute code, harmful files, scripts, agents or programs; h) interfere or interrupt the integrity or performance of the SERVICES or of the data contained therein; or i) attempt to have unauthorized access to the SERVICES.

5.4   BTFIT shall be entitled to investigate and prosecute any violations of any of the foregoing items in all extensions of the law. BTFIT may be involved in and cooperate with the legal authorities to sue USERS who violate these TERMS OF USE.

5.5   Any use of the BTFIT INTELLECTUAL PROPERTY is forbidden, including for business, publishing or editorial purposes, or any other purpose in violation of the reality for which it was conceived, as provided for herein. Any reproduction, distribution, promotion, adaptation, modification, editing or availability in any other way is also forbidden, in any media or for any use of the BTFIT INTELLECTUAL PROPERTY, in whole or in part.

5.6   BTFIT complies with copyright laws and expects its USERS to do the same.

5.7   BTFIT individually (and the licensors thereof, as the case may be) shall have all rights to, ownership of and interests in the SERVICES, including all intellectual property rights related thereto, and any suggestions, ideas, recommendations of improvements, comments and any other suggestions or information provided by USER or any other party relative to the SERVICES.

5.8   These TERMS OF USE neither constitute the sale not transfer, to USER, any of the property rights or rights related to the SERVICES, or any other intellectual property rights BTFIT maintains. The BTFIT name, logo and product names associated to the SERVICES are commercial trademarks of BTFIT, its affiliates or of third parties, and no right or license to use is granted.

6   APP AVAILABLE ON THE APP STORE

6.1   With respect to the APP accessed via or downloaded on the Apple App Store (\"APP AVAILABLE ON THE APP STORE\"), USER represents and warrants to use the APP AVAILABLE ON THE APP STORE exclusively:

a) in a Apple product running the iOS (Apple’s proprietary operating system); and b) as authorized according to the “terms of use” set forth in the terms of service of the Apple App Store.

6.2   USER acknowledges and agrees that: (a) these TERMS OF USE are valid only between you and BTFIT, and not with respect to Apple; (ii) BTFIT, and not Apple, is solely liable for the APP AVAILABLE ON THE APP STORE and the content thereof; (c) the use of the APP AVAILABLE ON THE APP STORE must be in accordance with the terms of service of the App Store; (d) Apple has no obligation to provide any maintenance and support services relative to the APP AVAILABLE ON THE APP STORE; (e) in the event of any failure of the APP AVAILABLE ON THE APP STORE, in accordance with the applicable warranty, USER may notify Apple, and Apple, as the case may be, shall reimburse the purchase price of the APP AVAILABLE ON THE APP STORE to USER and up to the maximum limit authorized by the applicable law. Apple shall have no other warranty obligation relative to the APP AVAILABLE ON THE APP STORE. As agreed between BTFIT and Apple, BTFIT shall be exclusively liable for any other claims, losses, liabilities, damages, costs or expenses attributable to any warranty-related nonconformity.

6.3   USER and BTFIT acknowledge that as is the case between BTFIT and Apple, Apple is not liable for handling all complaints filed by USERS, or with third-party complaints relative to the APP AVAILABLE ON THE APP STORE or the possession thereof and use of the APP AVAILABLE ON THE APP STORE, including, but not limited to:

a) complaints on liability under the SERVICES; b) any complaint of failure of the APP AVAILABLE ON THE APP STORE in meting any applicable legal or regulatory requirement; and c) claims arising out of consumer protection or similar laws.

6.4   USER and BTFIT accept that in the event of any third-party claim that the APP AVAILABLE ON THE APP STORE or that the possession and use thereof infringes any third-party intellectual property, between BTFIT and Apple, BTFIT, and not Apple, shall be solely liable for the diligence, defense, resolution and completion of any claim of infringement of intellectual property in the entire scope required hereunder.

6.5   USER and BTFIT acknowledge and agree that Apple and the affiliates thereof are third-party beneficiaries relative to their license of the APP AVAILABLE ON THE APP STORE, and that upon acceptance hereof, Apple shall be entitled (and shall be deemed to have accepted) to pursue any rights available under these TERMS OF USE, as such rights are related to its license of the APP AVAILABLE ON THE APP STORE against USER as a third-party beneficiary thereof.

6.6   Without limiting any other provisions hereof, you shall comply with all the terms of applicable agreements with third parties when using the APP AVAILABLE ON THE APP STORE

7   ACCESS TO THE APP AND IN APP PURCHASES (“IN APP PURCHASE”)

7.1   The procedures for the purchase and cancelation of the SERVICES offered by BTFIT, the download of and access to the APP and relevant payment(s) and reimbursement of any sums shall always take place via the authorized payment schemes or online stores engaged by BTFIT, at the USER’s discretion, and such schemes or stores shall be solely and exclusively liable for such procedures, and no liability may be attributed to BTFIT. USER’s registration with the authorized schemes or online stores, which shall authorize access to BTFIT’s content, is subject to the provision of data and procedures authorized or required by such schemes or online stores, as the case may be.

7.2   As for SERVICES purchased via the APP STORE, such purchases take place by means of the services provided by Apple iTunes, whereby USER agrees with the Apple Terms of Use, available at http://www.apple.com/legal/internet-services/itunes/br/terms.html;

8   PAYMENT TERMS AND CONDITIONS

8.1   By mere forbearance, the download of the APP and the access to the SITE and to the group classes are free. BTFIT reserves itself the right to charge a fee for the use of the SITE or the APP or to start charging for group classes. If BTFIT decides to charge such fee or charge, BTFIT shall inform USER thereof and shall authorize USER to continue or cancel his/her Access Account.

8.2   The SERVICES BTFIT offers may be charged. USER shall pay the amount determined in the price schedule effective on the date of engagement to BTFIT via the authorized payment schemes or chosen online store, to be previously informed under action “BUY/PURCHASE” within the APP, which may vary according to the SERVICE to be engaged, at BTFIT’s sole discretion. USER may make such payment directly to the authorized payment schemes or to the online store and shall comply with the terms, conditions, procedures and Privacy Policy implemented thereby and accepted by USER. In the event of USER’s failure to pay such price, USER shall no longer to have access to the SERVICES engaged at cost.

8.3   The Parties agree that the fees charged by BTFIT via the authorized payment schemes or the online stores (“PRICE”) do not include the fees and Internet access payments, such as fees to engage and maintain data plans, mobile telephone services, cable internet and other fees arising out of said use, or any other sums charged by the authorized payment schemes or by the online stores, for which USER is exclusively liable.

8.4   USER shall be informed of any change to the PRICE previously authorized by USER by one of the authorized payment schemes or the online stores prior to the relevant charge.

8.5   Trial periods or other promotions: Any trial period or promotion relative to the paid SERVICES must be used only during the specified period or while USER maintains prior conditions to obtain the benefit, and may not be used cumulatively with other promotions.

9   THIRD-PARTY ADVERTISERS

9.1   THIRD-PARTY ADVERTISERS are all the individuals or legal entities advertising and selling own products and services by means of the SERVICES.

9.2   BTFIT may include any advertising material and links in the SERVICES in order to access the sites of THIRD-PARTY ADVERTISERS and other business partners. HOWEVER, BTFIT SHALL NOT BE LIABLE FOR THE CONTENT THEREOF, INCLUDING FOR THE ACCURACY OF ANY INFORMATION OR FOR THE OBTAINMENT OF ANY PRODUCTS AND SERVICES THAT MAY BE ENGAGED.

9.3   THIRD-PARTY ADVERTISERS are solely liable for the composition of and compliance with the offer, delivery, support, client assistance and for any and all procedures directly related to the offer, sale or delivery of the products and/or services promoted thereby, included, but not limited to any issues relative to the warranty, exchange and return of said products and services.

9.4   USER acknowledges and accepts that BTFIT shall not be liable for the existence, delivery, quality, quantity, vices or defects of the products and services of the THIRD-PARTY ADVERTISER offered in the SERVICES. USER must contact THIRD-PARTY ADVISER directly in the event of any issues.

9.5   BTFIT shall make its best efforts to maintain any information made available accurate, up-to-date and complete, as much as possible. HOWEVER, BTFIT DOES NOT UNDERTAKE ANY LIABILITY FOR ANY INACCURACY, MISTAKE, FRAUD, INCORRECTNESS, INSUFFICIENCY OR DIVERGENCE IN THE INFORMATION, DATA, IMAGES, VIDEOS OR OTHER CONTENT PRODUCED AND PUBLISHED IN THE SITE OR APP BY THIRD-PARTY ADVERTISERS, OTHER USERS OR USERS, INCLUDING IN RELATION TO ANY COMMUNICATION EXCHANGED BETWEEN USERS AND THIRD-PARTY ADVERTISERS.

9.6   THIRD-PARTY ADVERTISERS have the specific conditions, rules and procedures for the sale of their products and services, defined in accordance with their convenience and without any BTFIT interference. For this reason, it is vehemently recommended that all USERS obtain information on such procedures, as defined in the terms and conditions of use and other documents published by the THIRD-PARTY ADVERTISERS, the information and procedures of each THIRD-PARTY ADVERTISER relative to the delivery, return and exchange of the services or products, as well as any general information of the offered services.

10   EXCLUSION OF WARRANTIES AND LIABILITY

10.1   BTFIT USES THE BEST AND MOST MODERN TECHNOLOGIES IN ITS SERVICES TO ENSURE ITS USERS’ SECURITY. HOWEVER, FOR OPERATING REASONS RELATIVE TO THE OUTSOURCING OF THE SERVICES, THE SITE AND THE APP MAY BE SUBJECT TO INTERRUPTIONS, TECHNICAL FAILURES AND UNAVAILABILITY FOR TEMPORARY OPERATION PURPOSES. AS SOON AS IT IS REASONABLY POSSIBLE, BTFIT SHALL PREVIOUSLY PROVIDE INFORMATION ON ANY INTERRUPTIONS IN THE OPERATION OF ITS SITE AND APP TO ITS USERS.

10.2   BTFIT EXEMPTS ITSELF FROM ANY LIABILITY FOR THE LOSSES AND DAMAGES OF ANY NATURE THAT MAY RESULT FROM THE LACK OF AVAILABILITY OR CONTINUITY OF THE SERVICES.

10.3   BTFIT DOES NOT ASSUME ANY LIABILITY FOR ANY LOSSES OR DAMAGES ARISING OUT OF THE PROVISION OF INFORMATION OR ADVERTISING CONTENT THAT HAS NOT BEEN SENT BY BTFIT ITSELF, WHETHER OR NOT REQUESTED BY USER (SPAM).

10.4   BTFIT DOES NOT UNDERTAKE ANY LIABILITY FOR ANY LOSSES OR DAMAGES CAUSED TO USER STEMMING FROM USER’S USE OF ANY INFORMATION OR SOFTWARE MADE AVAILABLE BY AND OF THE SERVICES, INCLUDING ANY HARM TO THE USER’S MENTAL AND PHYSICAL HEALTH OR ANY DISEASES.

10.5   BTFIT DOES NOT UNDERTAKE ANY LIABILITY FOR ANY EVENT OF SYSTEM ERROR THAT CHANGES THE DATA OR INFORMATION RELATIVE TO THE SERVICES, INCLUDING ANY PRICES INFORMED IN THE SITE OR APP.

10.6   IT IS ALSO WORTH MENTIONING THAT BTFIT MAY NOT BE HELD LIABLE FOR ANY CREDIT REJECTION WHEN OF ANY PURCHASE VIA ANY OF THE AUTHORIZED PAYMENT SCHEMES OR ONLINE STORES, FOR SUCH PROCEDURES ARE EXCLUSIVE OF THE AUTHORIZED PAYMENT SCHEMES, THE ONLINE STORES AND/OR OF THE CREDIT CARD SERVICES USED WHEN OF THE PURCHASE. BTFIT ALSO INFORMS IT IS UNAWARE OF THE REASONS FOR WHICH THE USER’S PURCHASE WAS REJECTED, IF RELATED TO CREDIT OR FOR ANY OTHER REASONS. IN THE EVENT OF SUCH PURCHASE REJECTION FOR SAID REASONS, PLEASE CONTACT THE CREDIT CARD COMPANY USED WHEN OF THE PURCHASE OR THE RELEVANT AUTHORIZED PAYMENT SCHEME OR ONLINE STORE TO SETTLE THE INCIDENT.

10.7   ADDITIONALLY, BTFIT DOES NOT UNDERTAKE ANY LIABILITY FOR ANY LOSSES OR DAMAGES TO ANY USER EQUIPMENT CAUSED BY SYSTEM, SERVER OR CONNECTION FAILURES ARISING OUT OF THIRD-PARTY CONDUCT, INCLUDING ANY ACTS OF MALWARE SUCH AS VIRUSES OR TROJAN HORSES, AMONG OTHERS, THAT MAY IN ANY WAY DAMAGE THE USER’S EQUIPMENT OR CONNECTION AS A RESULT OF THE ACCESS, USE OR NAVIGATION IN THE WEBSITE OR APP, AS WELL AS THE TRANSFER OF ANY DATA, FILES, IMAGES, TEXTS, AUDIO OR VIDEO CONTAINED THEREIN.

10.8   ANY PICTURES, VIDEOS AND IMAGES USED IN THE SERVICES ARE MERELY FOR ILLUSTRATION PURPOSES AND MAY NOT REFLECT REALITY.

10.9   DISCOUNTS ARE NOT CUMULATIVE IN ALL OUR PROMOTIONS AND PARTNERSHIPS; IN OTHER WORDS, IF THERE ARE TWO OR MORE PROMOTIONS OR DISCOUNTS, IT IS NECESSARY TO CHOOSE THE PROMOTION OR DISCOUNT THAT IS MORE SUITABLE FOR USER, WHEREBY USER SHALL INDEMNIFY, EXEMPT AND HOLD BTFIT AND THIRD-PARTY ADVISERS HARMLESS FROM AND AGAINST ANY LIABILITY TO THIS END.

11   AMENDMENTS HERETO

11.1   BTFIT reserves itself the right, at its sole discretion, to modify or replace these TERMS OF USE, or to modify, suspend or discontinue the SERVICES (including, but not limited to the availability of any resource, database or content) at any time, by publishing notice in the SITE, APP or by sending information via one of the SERVICES or e-mail. BTFIT may also impose limits on certain SERVICES or restrict USER access to such SERVICES, in whole or in part, without any notice or liability.

11.2   If USER does not agree with the new rules, user must immediately stop using the SITE, APP and the SERVICES, it being certain that any services engaged by means of the online stores must be canceled via such stores according to the rules determined by such stores, and USER shall not be entitled to any indemnification or reimbursement of any sums in such event.

11.3   If USER continues to access the SITE or APP or to use the SERVICES once the changes become effective, USER automatically agrees to the content of the changes made. USER therefore understands that it is his/her liability to regularly verify whether any changes have been made to the TERMS OF USE.

12   CANCELATION

12.1   USER may cancel the SERVICES engaged via the Online Stores according to the rules determined by such stores.

12.2   At its sole discretion, BTFIT may temporarily or definitively notify, suspend or cancel any USER’s access, at any time, and take any applicable measures if: (i) USER violates any of the USER representations, warranties and obligations set forth herein or in any other policies and rules related hereto; (ii) USER performs any fraudulent acts; or (iii) BTFIT understands, at its sole discretion, that the USER’s acts or activities have or may cause any losses to third parties or to BTFIT itself. USER shall not be entitled to any indemnification or damages for the cancelation or suspension of his/her Access Account.

12.3   The cancelation of USER’s access to the SERVICES or any discontinuity in BTFIT’s provision thereof may result in the immediate loss of USER’s information relative to the profile, Access Account and USER CONTENT that have already been made available in the SITE or APP. USER shall not be entitled to any indemnification or damages for the loss of such information.

13   MISCELLANEOUS PROVISIONS

13.1   Any forbearance in the event of noncompliance with any of the clauses and conditions hereof shall neither constitute novation of the obligations determined herein nor shall prevent the enforceability thereof, at any time.

13.2   USER is solely liable for installing the apps that may be necessary in order to access the SERVICES, and may use his/her preferred browser. BTFIT recommends the use of browsers Google Chrome, Safari or Firefox in their most recent versions.

13.3   USER expressly authorizes BTFIT to contact USER via any available channel, including by e-mail, mobile phone and SMS, among others, and it is hereby informed that the main mean to provide information to USER is either the SITE or the APP.

13.4   The SERVICES and any promotions offered in connection therewith are based on Brazil’s official time zone, which is three (3) hours ahead of the Greenwich time (GMT-03:00).

13.5   BTFIT is authorized to transfer and assign its rights and duties arising herefrom, in whole or in part.

14   GOVERNING LAW AND DISPUTE RESOLUTION

14.1   If you are an Android user, these TERMS OF USE are governed, in all respects, by the laws of Brazil, and all acts must be deemed performed and accepted in Brazil, without consideration for any provisions on conflicts of laws. If you are an iOS user, these TERMS OF USE are governed, in all respects, by the laws of Luxemburg, and all acts must be deemed performed and accepted in Brazil, without consideration for any provisions on conflicts of laws.

14.2   If any provision hereof is held invalid by any competent court, the parties agree that court must make all efforts to seek the effectiveness of the parties’ intents reflected in such provisions, and all other provisions hereof shall remain in full force and effect.

15   FINAL PROVISIONS

15.1   The Portuguese version of these TERMS OF USE is a single authentic document. In the event of conflict between the version in Portuguese and any translation into foreign languages, the Portuguese version shall prevail.


PRIVACY POLICY

(Updated on 02/08/2023)

At BTFIT, we respect the privacy of our users and the importance of the information entrusted to us. With this in mind, we have provided this privacy policy ("Policy") to help you understand the types of information we may gather about you when you visit our website or use any of our services, and how we may use and disclose the information and how you can control, correct and/or update such information.

When visiting the bt.fit websites or subscribing to our training platform, you will be subject to the personal data processing practices described in this Policy.

Information we may collect

We may collect information that can identify you ("personal information") in a variety of ways, whether when you access our websites, use our application, interact with us on social media or through third-party partners.

The personal information we collect is data you may voluntarily provide to us and may include: your name, email address, telephone number, age, weight, personal fitness profile, comments, photographs, voice, video or image presentations .

In addition, our servers may also automatically collect your IP address, your user profile in the application, your browser type and language, the date and time of your visit to the website, as well as place cookies on your browser.

We may also collect information from other companies, such as our business partners, and from other third parties as we describe in the “Whom We May Share Information We Collect” section of this Policy.

In addition to this information, we may also automatically collect certain information from your Facebook friends when you respond to Facebook comments that you have submitted to our website (for example, your name, comment and photo). We may combine personal information that we receive from different sources.

We may use standard Internet tools, which collect information that tracks the use of our site and allows us to customize our services and advertisements. We may collect geolocation information, but that does not allow us to directly identify you.

We use tools such as Google Analytics to collect and analyze certain information and user behavior. This information may include demographic and interest information, such as age, gender and interests of users, without us being able to directly identify you. We use this information to improve our services and optimize the targeting of advertising campaigns.

We may also collect certain information, such as the URL of the last web page you visited before arriving at our Site, your preferences and settings (for example, time zone), the advertisements you clicked on or viewed on our Site (if any ), how long you stayed on our site and what services and features you used.

Information that others may collect

We may allow third-party advertising companies and advertising networks, including content recommendation engines, to display advertisements on our websites or related applications, to track user activity on our website for the purpose of determining which advertisements to display. . These companies may also use information collected on our website in order to improve their advertisements.

We do not provide personal information directly to these companies.

These companies may use analytics tools, such as cookies, to collect information about computer and browsing activity to determine which advertisements to show users.

These advertisers, advertising networks, and behavioral targeting companies sometimes collect information that tracks your use of our site in order to measure ad performance, track which ads you click on, and display ads specifically targeted to you, including display of advertisements after leaving our site on other third-party sites that are within their advertising network.

If you post information about yourself or others, or communicate with others through our website, please note that we cannot control who reads your postings or what to do with the information you provide. We encourage you to be careful about posting personal information.

Cookies

Our websites use cookies and similar technologies.

Cookies serve to improve the browsing experience, both in terms of performance and in terms of usability, since the content available will be directed to the needs and expectations of the visitor.

They can also be used to make anonymous and aggregated statistics that allow us to understand how the visitor uses the website, as well as to improve its structures and content.

You can disable cookies if you are not interested in using them. To learn more about cookies and how to disable them in your browser:

How we may use the information we collect

We may use the information to:

Proper communication and supply of our products and services according to the selected user profile, in addition to improving and personalizing them, either by email or by instant messaging application; Send newsletters to our users and make special offers; Offer products and services that may be of interest to you; Process payments for products or services you order through our website; Customize the advertisements and content you see on our website; Facilitate the use of our website; Publicly display feedback and comments posted by you on our platforms and on our social networks (for example, using your name, photograph, video submissions and comments); Display information about your friends (for example, your name, photo and comments) that is automatically loaded when they comment on Facebook messages you post on our website; Manage your account and your preferences; Carry out the necessary procedures to serve you; Analyze usage and improve our website, products and services; Identify and protect against fraudulent transactions and other misuses of our website; Enforce our Terms of Use.

With whom we may share information we collect

We will not share your personal information with third parties, except as noted below, or unless we provide you with advance notice.

We may share personal information with:

Service provider companies, such as data hosting companies, credit card payment processors, etc.; Other companies linked to BTFIT Serviços de Prescription and Monitoring of Sports Training S.A; Companies that we partner with or that we carefully select to offer products, services and promotions through our website or offline; It is Other third parties in limited circumstances, such as reporting suspected criminal activity, complying with legal requirements, preventing fraud and protecting the safety of our users. We may share anonymous information in any of the above situations and with service providers, advertisers and others for our own marketing purposes and for purposes of improving the way in which, and to whom, we offer our services.

Your rights

The LGPD guarantees you, as the holder of personal information (“Holder”), the following rights:

Access: You can request a copy of the personal information we hold about you. Anonymization, blocking or deletion: Possibility to request the anonymization of personal information; blocking, temporarily suspending treatment, and deletion, in which case we will erase your personal information, except in cases where the law requires it to be maintained. Processing Confirmation: You have the right to confirm whether we have processed any of your personal information. Correction: You may correct personal information that is incomplete, inaccurate or out of date. Information about sharing: It is the right to know with which public and private entities we share personal information. Opposition: You can object to processing activities that do not rely on consent. In this case, it is possible to request its interruption. Portability: It is the right to ask us to provide personal data for transfer to another supplier in the same field of activity as ours. Likewise, you can ask other companies to send us your personal information. Revocation of consent and information about its consequences: You have the right not to give or withdraw your consent and to obtain information about the consequences of this choice. In that case, some of the services cannot be provided.

In the event of requests regarding the above rights, please contact our Data Officer using the email address provided in this Policy.

We undertake to respond to your requests within the established legal period.

Important: Before providing the information, we need to confirm that the request was made by the true Owner. For this reason, when making the request, you must identify yourself appropriately. Eventually, we may request a copy of a document for final validation and delivery of data. In this way, we guarantee greater security for the analysis process, avoiding access by unauthorized third parties.

Your choices

You can choose:

Not to provide personal information, although doing so may result in your inability to obtain certain services or use certain features of our website; Stop receiving promotional emails or newsletters from us, unsubscribing from these services; Delete or decline cookies by changing your browser settings, but if you do this, some of our website's functionality or services may not work properly;

Review and update your personal information directly through the website/application and/or by contacting us through support;

Personal information storage

Personal information may be transferred outside Brazil. This transfer occurs because part of our services is provided by a subsidiary company of BTFIT Serviços de Prescription and Monitoring of Treinos Desportivos S.A abroad and/or some of our suppliers are located abroad and the management of their servers in the cloud is carried out outside the National territory.

In these cases, we take care to select only companies that demonstrate compliance with applicable laws.

Personal information is only stored for as long as necessary to fulfill the defined purposes, unless there is another reason for keeping it, such as compliance with legal, regulatory, contractual obligations and preservation of rights, provided that they are duly substantiated by current legislation.

After the maintenance period and legal necessity, personal information will be deleted using secure disposal methods, or used anonymously for statistical purposes.

Thus, if you are a BTFIT customer, the Company will need to keep your data stored during the entire period of service provision, and it is also up to you to keep registration/contractual data, for example, after the end of the contract, for a minimum period of 5 years, for any issues relating to legal and regulatory obligations, both consumerist and fiscal.

Security

We take appropriate and reasonable technical and organizational security measures to help protect personal information from unauthorized access, alteration or disclosure.

Internally, personal information is accessed only by duly authorized professionals, respecting the principles of proportionality, necessity and relevance, in addition to the commitment to confidentiality and preservation of your privacy under the terms of this Policy.

Third Party Links

You may, through the bt.fit website, link to websites operated by third parties.

The ability to access third party information from the BTFIT website or services, or links to other websites or locations, is for your convenience only and does not represent our endorsement of those third parties, their products, services, websites, locations, or your content.

We do not monitor, control or endorse the information collection or privacy practices of third parties. We strongly encourage you to read the terms of use and privacy policy of each website you visit and to contact them if you have any questions about their respective privacy policies and practices.

This Policy only applies to information collected by us through the BTFIT website or services and does not apply to third party websites.

Data Officer

The BTFIT Data Officer, indicated below, is available to answer your questions or concerns about this Policy and related topics at dpo@btfit.com.br.

General Provisions

The conditions of this Policy may be modified at any time. If the changes are significant or affect, in a concrete way, the rights and duties set forth herein, they will be presented to you, at which time you will be presented with the new version of the Privacy Policy and questioned, if applicable, your agreement.

If any point of this Policy is considered inapplicable by the Data Authority or court, the other conditions will remain in full force and effect.

This Policy will be interpreted in accordance with Brazilian law, in the Portuguese language, with the court of your domicile being elected to resolve any controversy involving this document, unless there is a specific exception of personal, territorial or functional competence under applicable law.

BTFIT is owned by BTFIT Serviços de Previsão e Seguimento de Treinos Desportivos S.A, registered under CNPJ 19.788.982/0001-56, located at Rua Guilhermina Guinle 272, part - Botafogo, RJ. Contact through info@btfit.com.br.