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 September 22, 2015)

PLEASE READ THIS PRIVACY POLICY 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 Privacy Policy explains the use of the information collected by BTFIT and the subsidiaries or affiliates thereof, and was prepared to reaffirm BTFIT’s commitment to privacy and safety of the information collected from our users, and is integral part of the Terms and Conditions of Use of the BTFIT Site and App, available at www.btfit.com.br/termosdeuso. In the event of conflict between the provisions of both documents, the terms set forth in the more specific document shall prevail.

This Privacy Policy is not applicable to the Online Stores and to third parties other than BTFIT, such as third-party websites, services and apps USER eventually accesses via the SITE, SERVICES or APPS. We suggest USER carefully reads said third-party Privacy Policy.

Please carefully read the information set forth herein, for, when accessing the SERVICES, USER consents to the terms and conditions provided for herein, as well as to all other notices that may be included in the pages of the Site and App with respect to said policy.

The Portuguese version of this PRIVACY POLICY 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.

1   Definitions

1.1   For the purposes of interpretation hereof, the following terms shall have the meanings ascribed thereto, it being certain that any other capitalized terms used herein are defined in the Terms of Use available at www.btfit.com.br/termosdeuso.

a) Biological Information: anthropometric information, such as weight, height and body measurements (perimetry), information relative to subjective perception of effort, overload, number of series and repetitions, in addition to the frequency of the practices, as well as other information generated by regular training in BTFIT.

b) Personal Information: any information that may be used to identify a person, including, but not limited to a person’s name, e-mail, personal qualification, Individual/Corporate Tax Identification Number (CPF/MF or CNPJ/MF), address, telephone number, other contact information, payment data or any other data that may suffice to be bound to such information;

c) Access Information: any information that may be used to identify the USER, the USER’s request and online activities, interaction with a given service, messages sent or disclosed, IP address and connection time, URLs of the site of origin and the site that user may visit next, browser type and language, or one or more cookies that may identify the user’s browser or account, general and specific information on the hardware of the user’s computer, mobile phone or any other device, internet connecting operating system and number of the software version used;

d) Cookie: text file sent by the SITE or APP server to the USER’s computer, in order to identify the USER’s computer, personalize access and obtain navigation data, such as pages visited or links clicked. One Cookie is individually assigned to each computer, and it may not be used to execute software or to infect computers with malware of any nature, such as viruses, Trojan horses, etc., and may only be read by the server that sent it.

e) Cryptography: name given to the information coding process. Information are codified (shuffled) at origin and decoded at destination, thereby making any attempt to decipher such information harder in the online traffic.

2   Purpose of the Request for Personal Information and Biological Information by the SITE and APP

2.1   One of the BTFIT’s guidelines is respect for individuals. We therefore have the commitment to maintain your personal and access information confidential, which information shall only be bound to the USER’s registration, to be used for the following purposes:

a) To achieve the provision of the SERVICES, access to the SITE or to the APP; b) To perform legal obligations of any nature; c) To obtain general statistics to identify the profile of our USERS and to develop our campaigns; d) To maintain USER relationship data and actions, as well as the ongoing improvement of the service provided by the SITE and APP. e) To settle any legal issues relative to the SITE and APP. f) To promote the SITE and APP to the USER’s contacts. g) To process Biological Information in order to feed BTFIT with relevant information or to generate technical-scientific knowledge.

2.1.1   Still with respect to the Biological Information, USER represents to accept and agree that such information may be assigned without the USER’s identification to third parties for processing purposes, solely in order to generate technical-scientific knowledge.

2.2   Any information requested from the USERS is necessary to improve and personalize the access and purchase experience in the SITE and APP. Such information shall not be used beyond the events provided for herein, and any use shall always be bound to the rules determined by BTFIT in this Privacy Policy.

2.3   User warrants the accuracy and truth of the data and information provided to the Site and App, thereby assuming the corresponding liability for any inaccuracy thereof, and also agrees to maintain such data and information duly updated. BTFIT DOES NOT UNDERTAKE ANY LIABILITY IN THE EVENT OF LOSSES CAUSED BY THE INACCURACY OF ANY DATA PROVIDED.

2.4   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.

3   Obtainment of Personal Information and Access Information

3.1   Personal Information, capable of identifying the USERS, is collected whenever USERS:

a) interact with the different tools available in the SITE and APP, thus voluntarily submitting such information; b) sign up in the SITE or APP; c) pays for the respective orders via the SITE or APP, except in the event of payment by means of the Online Stores; and d) Contact the SITE or APP via the USER assistance channels.

3.2   Any Personal Information collected is included in the database of the SITE and/or APP, except with respect to the Online Stores, and BTFIT shall store such data.

3.3   USER accepts and agrees that BTFIT may confirm the accuracy of the personal information USER has informed at its sole discretion, by consulting government authorities, specialized companies and credit reporting databases.

3.3.1   Such attitude, however, neither ceases nor decreases USER’s liability regarding the accuracy of the data supplied, for which reason BTFIT may suspend and/or cancel USER’s profile, at its sole discretion and at any time, if BTFIT verifies any inaccuracy.

3.4   BTFIT may maintain the USER’s personal information and Access Information for the purposes set forth herein, for up to five (5) years from the termination of the relationship between USER and BTFIT.

4   Obtainment of the Access Information

4.1   BTFIT also receives and automatically stores USER Access Information in its servers by using Cookies.

4.2   Cookies enable the computers accessing the SITE and APP to be recognized, and follow the USER’s navigation within the SITE and APP, in order to personalize it according to each USER’s profile. Cookies do not store any Personal Information, but contain only access information. Nevertheless, USER is free to exclude the Cookie from his/her computer at will, or, furthermore, to set up one’s internet browser to automatically reject or exclude cookies. BTFIT nonetheless reinforces that such last option may limit certain SITE or APP functionalities.

4.3   Other technologies may be used to obtain USER navigation data. However, such technologies shall always comply with the terms hereof and the collection and storage options.

5   Use of the Collected Information

5.1   Without limiting the other information described herein, USER represents to accept and agree that BTFIT may use the collected information for the following general purposes:

(a) to supply, maintain, protect, develop and improve the SERVICES, including the SITE, APP and the security thereof; (b) to send notices to USERS and their contacts on offers, news or new SERVICES of the SITE, APP, THIRD-PARTY ADVERTISERS and business partners; (d) to maintain USER profiles up-to-date for contact purposes, via e-mail, letter, SMS or any other communication; (e) to improve usability and interactive experience during USER’s navigation in the SITE, APP or by means of the SERVICES; (f) to prepare general statistics; (g) to ensure the USERS’ safety and to answer to any doubts or requests; (h) to store USERS’ preferences; (i) to answer any USERS’ doubts and request; (j) to regularly appoint, defend, protect or exercise any rights, whether judicially or administratively; and (k) to conduct research and communications and relationship marketing campaigns.

5.2   BTFIT may also share the Personal Information and Access Information with third parties to comply with the law, any regulations, court orders, government requests or to detect, prevent or address, in any way, any technical matters, fraud or security-related issues, to protect the rights, property and safety of BTFIT, the SITE, APP, SERVICES, its USERS, THIRD-PARTY ADVERTISERS or any third parties.

5.2.1   To this end, BTFIT informs it must legally disclose the profile information providing personal qualification, filiation and address, if informed, to the legally accredited government authorities, such as Chiefs of Civil Police and the Prosecution Office, pursuant to the terms of Article 10, Paragraph Three of Law 12,965/14.

6   Protection and Privacy of the Collected Information

6.1   BTFIT shall take all the necessary measures to maintain the privacy of the personal information and the access information stored in its servers, and agrees to use sufficiently adequate technology to protect such data, and to see to the maintenance of a safe environment, including the use of the appropriate tools and efficient controls for the safety of the collected information, always observing the available technical conditions. HOWEVER, CONSIDERING NO SECURITY SYSTEM IS ABSOLUTELY SAFE, BTFIT EXEMPTS ITSELF FROM ANY LIABILITIES FOR ANY LOSSES AND/OR DAMAGES ARISING OUT OF INVASIONS IN THE SITE, APP, ITS SERVERS AND OTHER RELATED FAILURES, EXCEPT IN THE EVENT OF BTFIT’S FAULT OR INTENT.

6.2   BTFIT’s professionals are aware of this Privacy Policy and only the qualified and authorized personnel have permission to access the information BTFIT collects, under penalty of suffering disciplinary sanctions in the event of violation of the rules provided for herein.

6.3   BTFIT requires its partner companies and service providers to ensure the protection and privacy of the data ensured under this policy, whenever it is necessary to share such information.

6.4   User acknowledges and accepts that the SITE and APP may make links available to other sites, which, in turn, may collect USER’s information, which may be personally identifiable or not. USER acknowledges and accepts that BTFIT is not liable for the privacy practices of other sites, apps or even of the Online Stores, even if accessed via the SITE or APP, and encourages USER to carefully read the statements of privacy of any and all sites or apps collecting information. This Privacy Policy is exclusively applicable to the information BTFIT collects and processes.

7   Apple iOS Health App Data (“Health App”)

In addition to the policies described herein, USER may choose to share his/her information generated or made available by BTFIT with the Apple iOS Health App (“Health App”). USER may decide which information shall be shared and USER may change which apps may access such information via the Health App. This Privacy Policy also applies to the treatment of information the USER’s Health App shares with BTFIT by means of the Apple HealthKit API. Without limiting the other provisions set forth herein:

a) BTFIT does not store the USER’s Health App information in the iCloud; b) BTFIT does not use the USER’s Health App information in advertising or for any use other than those provided for herein; c) BTFIT does not share the USER’s Health App information with third parties without the USER’s prior consent;

8   Security Procedures

8.1   BTFIT implements the most modern security measures to protect the USER’s Personal Information and Access Information, restricting access exclusively to duly authorized persons.

8.2   Every time the USER accesses the SITE or APP, a new encryption key is created between the USER’s phone or computer and the SITE or APP, in order to make it more difficult for other people to intercept the communication by means of any software. As such, whenever such data is sent, the information is transformed into symbols by means of cryptography, and are only decoded by an authorized and certified server.

8.3   BTFIT also uses a firewall that prevents access to its servers by unauthorized persons.

8.4   Because of the use of said security system, there may be problems in the processing of information if USER is using any outdated version of the internet browser or of the APP itself.

9   Delivery of Releases and Advertising

9.1   At its sole discretion, BTFIT may sent releases and advertising messages to its USERS registered in the SITE or APP, or to USERS in general, on a daily basis, using all types of technologies and means of communication available, such as by e-mail, SMS, MMS, direct mail, push notifications, social media and others.

9.2   The releases, newsletters, notices of offers and advertising content sent by e-mail must necessarily include the option to cancel BTFIT’s delivery of that type of message. The cancelation may also be requested via the BTFIT call center, by e-mail info@btfit.com.br.

9.2.1   BTFIT shall make all efforts to complete the request in the shortest time possible. However, considering the procedure involves updating the databases of both BTFIT and the engaged companies, USER understands that the request may take a few days to be fulfilled.

9.3   The delivery cancelation process is bound to the USER’s e-mail. As such, USERS who have more than one registered e-mail may continue receiving the releases or advertising content in the e-mail that has not been unsubscribed.

9.4   The delivery of releases via the channels specified in item 9.1 may be provided by BTFIT or by an outsourced company, which shall use its own services for such delivery.

9.5   The engaged company neither stores nor uses the e-mails registered in the SITE or APP in any way, for any purpose other than the delivery of the messages, according to each USER’s preferences and the provisions set forth herein and in the Terms of Use.

10   Amendments to this Privacy Policy

10.1   This Privacy Policy is subject to constant improvements to ensure greater transparency and safety for the USERS. As such, BTFIT reserves itself the right to unilaterally amend this document at any time. The new Privacy Policy shall become effective within ten (10) days from publication thereof in the SITE or APP.

10.2   If USER continues to access the SITE or APP after the amendments 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 hereto.

11   Doubts

11.1   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.