Terms and Conditions of Use

1. Preamble and definitions

FitCONNECT is a Tunisian technology platform whose purpose is to connect users wishing to engage in sports or wellness activities with professional partners (gyms, independent coaches, studios, sports service providers). FitCONNECT itself does not provide any sports, medical, or coaching services and does not employ any physical service provider. Its role is strictly that of a technical intermediary.

Definitions

• "Platform": the FitCONNECT mobile application, its associated web interfaces, its APIs, and any related functionality.
• "User": any natural person of legal age who creates an account on the Platform in order to access the services offered by Partners.
• "Partner": any natural or legal person (coach, studio, gym, club, service provider) offering services through the Platform.
• "Service": the connection, booking, communication, payment, and any functionality offered by the Platform.
• "Content": any text, image, video, message, review, photograph, or data published by a User or a Partner.
• "Subscription": any paid plan offered by FitCONNECT (Basic, Flex, Gold, or any future tier).
• "Account": the personal space of the User or the Partner on the Platform.

2. Applicable legal framework

These Terms are governed by Tunisian law, in particular the Code of Obligations and Contracts (COC), Law No. 2004-63 of 27 July 2004 on the protection of personal data, Law No. 2017-7 of 25 January 2017 on cybersecurity, Decree 2018-3145, the Code for the Protection of Children, as well as any Tunisian regulation applicable to electronic commerce and digital services.

For Users residing in the European Union, the mandatory provisions of the General Data Protection Regulation (GDPR — Regulation (EU) 2016/679) are also respected with regard to the processing of personal data.

3. Eligibility — Legal age and capacity

Access to the Platform is strictly reserved for natural persons of legal age, that is, at least eighteen (18) years old as of the date of account creation. Legal age is verified upon registration through the mandatory collection of the date of birth.

The User declares that they have full legal capacity to enter into this agreement. Registration by a minor is strictly prohibited and constitutes grounds for immediate suspension and deletion of the account.

• One person = one single account. Creating multiple accounts by the same person is prohibited.
• The User undertakes to provide accurate, complete, and up-to-date information.
• Identity theft is subject to civil and criminal sanctions under Tunisian law.

4. Account creation and security

The User is solely responsible for the confidentiality of their login credentials (email address and password) and for any activity carried out from their account. The User undertakes to choose a strong password, not to share it with any third party, and to inform FitCONNECT without delay in the event of loss, theft, or unauthorized use.

FitCONNECT implements reasonable technical and organizational measures to protect accounts (TLS encryption of communications, Sanctum token authentication, rate-limiting of login attempts, IP-address logging for anti-fraud purposes). However, the User acknowledges that no IT system is entirely fail-safe.

5. Description of the Service

The Platform notably allows you to: search for and book sessions or services with Partners; view Partners' profiles, prices, and availability; communicate with Partners and with other Users; publish and view Content (stories, reviews, photos, training plans); benefit from AI-based assistance tools (training-plan generation, virtual-coach suggestions); pay for Services offered by FitCONNECT (subscriptions) or by Partners.

What FitCONNECT is not

• FitCONNECT is not a sports service provider: it does not deliver any class, does not provide any facility, and does not employ any coach.
• FitCONNECT does not provide any medical, nutritional, or therapeutic advice. Any assistance content (plans, AI suggestions) is purely informational.
• FitCONNECT is not an insurance company and does not cover Users or Partners against sports-related risks.
• FitCONNECT does not guarantee the quality, safety, legality, or availability of the services actually provided by Partners.

6. Intermediary role — Non-liability for Partners

FitCONNECT acts exclusively as a technical intermediary enabling the connection between Users and Partners. The contract for sports services, coaching, equipment rental, or any other service is concluded directly and exclusively between the User and the relevant Partner, outside the Platform.

Partner responsibilities

Each Partner is solely and entirely responsible for:

• the organization, quality, safety, and conformity of its services;
• the conformity of its facilities with Tunisian standards on hygiene, safety, and accessibility;
• the qualification, fitness, and professional conduct of its staff and contributors;
• obtaining and maintaining professional civil-liability insurance covering Users during the performance of the service;
• compliance with any administrative, health, or sports authorization applicable to its activity;
• the accuracy of the information it publishes on the Platform.

Non-exhaustive examples

• Injury sustained during a class, session, or activity organized by a Partner.
• Theft of personal belongings in a Partner's locker rooms or facilities.
• Contractual dispute between a User and a Partner (quality, duration, price of the service).
• Failure, closure, bankruptcy, or cancellation of a service by a Partner.
• Damage caused by defective equipment provided by a Partner.

Users are strongly advised to take out individual accident insurance covering their sports practice and to verify the insurance conditions offered by each Partner before any activity.

7. Subscriptions, payments, and access tiers

Access to the Platform's extended features is offered through paid subscriptions. As of the date hereof, FitCONNECT offers three subscription tiers (Basic, Flex, Gold) purchased for a fixed term of twelve (12) consecutive months from the date of purchase. Users who have not subscribed to any plan have limited discovery access, with no commitment and free of charge.

The tiers differ primarily in the maximum reduction applicable to Partners' offers, in monthly/annual usage quotas (teams, activities) and, for the Gold tier, in the inclusion of family membership (the primary User, their spouse, and their children under ten (10) years of age).

Current pricing, expressed in Tunisian Dinars (TND), is displayed in the application at the time of subscription. Any monthly price displayed is for indicative presentation only, computed from the annual rate (annual rate ÷ 12); actual billing remains annual. Prices may evolve for new subscriptions subject to reasonable advance notice communicated through the Platform or by email.

Detailed terms of payment, duration, the absence of automatic renewal, and refunds are described in the separate document titled "Financial Terms", which the User must accept before any purchase.

8. Rules of conduct

The User undertakes to use the Platform in compliance with applicable laws, public morals, and the rights of third parties. As such, the following are strictly prohibited:

• any act of harassment, intimidation, threat, or violence against other Users, Partners, or members of the FitCONNECT team;
• any hateful, discriminatory, racist, sexist, homophobic, xenophobic, or otherwise dignity-violating speech;
• any sexually explicit, pornographic, or otherwise indecent content;
• any spam, unsolicited advertising, commercial solicitation, or promotion of third-party activities without FitCONNECT's prior consent;
• any identity theft, false declaration, or attempt to deceive FitCONNECT, a Partner, or another User;
• any technical manipulation of the Platform: bots, scrapers, reverse engineering, quota circumvention, injection attacks, exploitation of vulnerabilities;
• any resale, lease, transfer, or assignment of an account to a third party, as well as any unauthorized sharing of credentials;
• any use of the Platform for unlawful, fraudulent, or Tunisian-public-order-violating purposes.

9. Moderation, suspension, and termination

FitCONNECT reserves the right, at its reasonable discretion, to moderate Content, warn a User, temporarily suspend an account, or proceed with its immediate termination in case of breach of these Terms, abusive, fraudulent, or unlawful behavior. The severity of the measure is proportionate to the severity of the breach.

Cases justifying immediate suspension without notice

• Account creation by a minor or identity theft.
• Threat, harassment, or endangerment of other Users or Partners.
• Attempted fraud, money laundering, or abuse of the payment system.
• Attack on the security or integrity of the Platform.
• Decision of a competent administrative or judicial authority.

The User may terminate their account at any time using the "Delete my account" function available in the settings, under the conditions described in Article 13.

10. Natural disasters, force majeure, and service interruptions

FitCONNECT cannot be held liable for any delay, failure, interruption, or suspension of the Service resulting from a force majeure event within the meaning of Tunisian law. The following are notably considered force majeure events, this list being non-exhaustive:

• natural disasters (earthquake, flood, storm, fire);
• war, civil unrest, terrorist attacks, emergency government measures;
• epidemics, pandemics, mandatory health closures;
• cyberattacks, denial-of-service attacks, major failures of third-party providers (hosting, telecom operators, payment providers);
• widespread power or network outages;
• decisions by Tunisian or foreign authorities affecting the Platform's activity.

The service level is provided on a "best-effort" basis. FitCONNECT does not guarantee any minimum contractual availability and reserves the right to temporarily suspend the Platform for maintenance, updates, or security purposes.

11. Intellectual property

All elements composing the Platform — source code, design, interfaces, trademarks, logos, trade names, databases, texts, images, videos, illustrations, and any other protected element — are the exclusive property of FitCONNECT or its assignees, and are protected by Tunisian and international intellectual-property law.

Any reproduction, representation, modification, publication, transmission, or exploitation, in whole or in part, without FitCONNECT's prior written authorization, is strictly prohibited and constitutes infringement subject to civil and criminal sanctions.

Content published by Users

The User retains ownership of the rights in the Content they publish. By publishing it on the Platform, the User grants FitCONNECT a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, adapt, translate, distribute, and display this Content in the context of operating the Platform and promoting it (notably in marketing materials relating to FitCONNECT), for the legal duration of protection of such Content.

12. Limitation of liability

To the fullest extent permitted by Tunisian law, the total cumulative liability of FitCONNECT to a User, all causes combined, is limited to the total amount actually paid by that User to FitCONNECT during the twelve (12) months immediately preceding the event giving rise to the damage, and shall in any event not exceed a cap of two hundred (200) Tunisian Dinars for a User who has not subscribed to any paid plan.

Under no circumstances shall FitCONNECT be liable for indirect, immaterial, consequential, or unforeseeable damages, including loss of opportunity, loss of revenue, loss of data, loss of business opportunity, or damage to reputation, even if the possibility of such damages had been notified.

13. Account deletion and data retention

The User may at any time request the deletion of their account directly from the application, via the "Delete my account" function accessible in the settings of their profile. The request is processed according to the following procedure:

• Step 1 — Request: the request is recorded and the User is immediately logged out from all their devices.
• Step 2 — Grace period: for thirty (30) calendar days following the request, the account is deactivated but the data is not erased. Any reconnection during this period automatically cancels the deletion request.
• Step 3 — Final deletion: upon expiration of the 30 days, personal identifiers are irreversibly erased. Published content may be anonymized or removed depending on its nature.

Data retained after deletion

Certain data must be retained beyond the deletion of the account, in application of legal obligations or for the defense of FitCONNECT's rights:

• Accounting data, invoices, and proofs of payment: retained for ten (10) years, in accordance with the Tunisian Commercial Code.
• Logs of acceptance of legal terms (legal_acceptances table): retained in pseudonymized form to serve as proof of acceptance.
• Security and administrative-audit logs: retained for the period necessary to detect and address fraud or disputes (generally 12 months, up to 10 years in the event of an ongoing dispute).
• Data necessary to enforce a judicial decision or to cooperate with a competent authority.

14. Legal sanctions

Any abusive, fraudulent, or unlawful use of the Platform exposes its author to civil and/or criminal proceedings before the competent Tunisian courts, without prejudice to the technical measures (blocking, deletion of the account) that FitCONNECT may take immediately.

FitCONNECT expressly reserves the right to bring any legal action it deems necessary to enforce its rights or those of its Users, and to transmit to the competent Tunisian authorities (police, justice, INPDP, tax authorities) any evidence, activity logs, identification data, or content useful to the investigation of a case.

15. Modifications to these Terms

FitCONNECT reserves the right to modify these Terms at any time in order to adapt them to the evolution of the Service, to applicable legislation, or to applicable case law. Minor modifications take effect on the date of their publication on the Platform.

Any substantial modification (notably any change affecting the rights or obligations of Users) triggers a re-acceptance mechanism: at their next login, the User will be invited to take note of and expressly accept the new conditions before being able to continue using the Platform.

16. Governing law and jurisdiction

These Terms are governed by Tunisian law. Failing amicable resolution, any dispute relating to their formation, interpretation, performance, or termination is submitted to the exclusive jurisdiction of the competent courts of Tunis, Tunisia.

For Users residing in a European Union country, the mandatory consumer-protection provisions of the State of residence remain applicable and shall not be affected by this clause.

17. Contact

For any question relating to these Terms, you may contact FitCONNECT:

• For legal or contractual questions: [email protected]
• For general support: [email protected]
• For any question relating to personal data, please consult the Privacy Policy.