Terms of Service

1. Who we are and acceptance

These Terms govern the use of Spotfitr, an online software service for managing sessions and bookings, provided by Pedro Serra Comas, self-employed sole trader, Tax ID (NIF) 43171443Y, address Carrer Ric 85, 07420 Sa Pobla, Balearic Islands, Spain, email hola@spotfitr.com ("Spotfitr", "we" or "us").

By creating an account you accept these Terms. You can save or print them from this page; the applicable version is the one in force when you sign up or subscribe, subject to section 14. The contract may be concluded in Spanish or English; in case of discrepancy, the Spanish version prevails.

2. User types

• Professional: trainers, studios, sports centres and other organisations (including public bodies) that use Spotfitr to manage their sessions and clients. Spotfitr plans are designed for professional use.
• Client: a person invited by a professional to book their sessions. Client use is free.

If you subscribe as a consumer (acting for purposes outside your trade or profession), you keep all rights granted by consumer protection law, which prevails over any conflicting clause in these Terms.

3. The service

Spotfitr lets you create sessions with limited spots, invite clients, manage bookings, cancellations, waitlists, credits or class packs and per-client limits, and send alerts. Spotfitr does not intermediate or collect payments between professionals and their clients: at most, the professional can record in the app the payments they have received themselves. The commercial relationship, prices and quality of training services are solely the professional's responsibility.

We may improve, change or remove features. If a change materially reduces Pro features you pay for, we will give reasonable prior notice and you may cancel at no cost.

4. Sign-up and account

You must provide accurate information and keep it up to date. Professionals must be adults with legal capacity to contract. Clients may sign up from the age of 14; children under 14 only with authorisation from a parent or legal guardian.

You are responsible for keeping your password confidential and for activity under your account. Tell us immediately if you detect unauthorised use.

5. Plans and prices

• Free: €0, up to 10 clients.
• Pro: €9.99 per month (VAT included), unlimited clients.

We may change prices with at least 30 days' notice by email. The new price applies from the next billing period; if you disagree, you can cancel before then at no cost. Changes do not affect periods already paid.

6. Payment, renewal and invoices

The Pro plan is paid monthly in advance through Stripe and renews automatically every month until you cancel. By subscribing you authorise this recurring charge. We issue an invoice for each period, showing VAT separately; if you want your Tax ID on it, enter it on the payment page.

If a payment fails, Stripe will retry it for a few days and you keep the Pro plan in the meantime. If it ultimately cannot be collected, the subscription is cancelled and the account moves to the Free plan: if you have more clients than it allows, those who have gone longest without booking are archived, without their data being deleted.

Public bodies: if you subscribe as a public sector entity, these Terms apply insofar as they are compatible with public procurement law and the relevant procurement file, which prevails in case of conflict. We will issue invoices meeting the requirements you indicate, including electronic invoices via FACe where mandatory.

7. Cancellation and refunds

You can cancel the Pro plan at any time from your dashboard or by emailing us. Cancellation takes effect at the end of the paid period and you keep Pro access until then. As a rule we do not refund periods already started, unless required by law or provided for in these Terms.

Right of withdrawal (consumers only): if you subscribe as a consumer, you may withdraw within 14 calendar days of subscribing without giving a reason (Art. 102 of the Spanish Consumer Protection Act, TRLGDCU) by sending a clear statement to hola@spotfitr.com; you may use the model form below, but it is not mandatory. We will refund the amount paid within 14 days at most, using the same payment method. If you expressly asked for the Pro service to start during that period, you will pay a proportional amount for the service already provided (Art. 108(4) TRLGDCU).

Model withdrawal form (complete and return this form only if you wish to withdraw from the contract):

• To: Pedro Serra Comas (Spotfitr), Carrer Ric 85, 07420 Sa Pobla, Balearic Islands, Spain; hola@spotfitr.com
• I hereby give notice that I withdraw from my contract for the Spotfitr Pro service.
• Subscribed on: …
• Name of consumer and account email: …
• Address of consumer: …
• Signature of consumer (only if this form is notified on paper) and date: …

Each session's cancellation window is set by the professional; once it has passed, the spot or credit is treated as used according to the professional's rules.

8. Acceptable use

You agree not to:

• use the service for unlawful, fraudulent or misleading purposes;
• access other accounts, breach or test security without authorisation, or overload the infrastructure;
• scrape data by automated means without authorisation;
• resell, sublicense or redistribute the service;
• upload content that infringes third-party rights or the law, or health data or other special categories of data without an appropriate legal basis.

9. Your data and intellectual property

Spotfitr's software, brand, design and content belong to Pedro Serra Comas. We grant you a non-exclusive, non-transferable right to use the service while your account is active.

The data you enter (clients, sessions, bookings) is yours. You can download a full copy in a structured format (JSON) from your profile in the app and, when you close your account, we delete it within the periods set out in the Privacy Policy.

10. Data protection: processing agreement

For the client data that a professional manages in Spotfitr, the professional is the controller and Spotfitr the processor (Art. 28 GDPR and Art. 33 LOPDGDD). By accepting these Terms, the professional and Spotfitr agree that Spotfitr will:

• process that data only to provide the service and on the professional's documented instructions (these Terms and the settings made in the app);
• ensure confidentiality and apply the security measures required by Art. 32 GDPR;
• engage only the sub-processors listed in the Privacy Policy, give prior notice of any change so the professional can object, and impose the same obligations on them;
• assist the professional in responding to data subject requests and with security, breach notification and impact assessment obligations, and notify any breach affecting their data without undue delay;
• at the end of the service, return or delete the data at the professional's choice, unless the law requires it to be kept;
• make available the information needed to demonstrate compliance and allow reasonable audits.

The professional warrants that it has a legal basis to process its clients' data and informs them accordingly. Public bodies, or anyone who needs it, may sign a specific data processing agreement, which will prevail over this section.

11. Availability and support

We work to keep the service continuously available, but we do not guarantee a specific uptime. There may be interruptions for maintenance, which we will try to announce in advance, or for reasons beyond our control. Support is provided by email at hola@spotfitr.com.

12. Liability

We are liable for damage caused by our breach of these Terms where attributable to us. Towards professionals and to the extent permitted by law, we are not liable for indirect damage or loss of profit, and our total liability is limited to the amount paid by the professional in the 12 months before the event giving rise to the claim. These limits do not apply in cases of wilful misconduct or gross negligence and do not restrict consumers' statutory rights.

Spotfitr is a management tool: it is not a party to the relationship between professional and client and is not responsible for the sessions, their content or price.

13. Suspension and termination

We may suspend or close an account for serious or repeated breach of these Terms, with prior notice except in cases of fraud, risk to security or other users, or an order from an authority. You may close your account at any time by emailing us. Before closing it you can download a copy of your data from your profile.

14. Changes to these Terms

We may update these Terms. For substantial changes we will notify you by email or in the app at least 15 days in advance. If you disagree, you can cancel before they take effect; if you keep using the service afterwards, the new Terms will apply.

15. Governing law, jurisdiction and complaints

These Terms are governed by Spanish law. Disputes will be heard by the courts with jurisdiction under the Spanish Civil Procedure Act. If you are a consumer, you may always bring claims before the courts of your place of residence. Contracts with public bodies are also governed by public procurement law and its jurisdiction.

You can send complaints to hola@spotfitr.com; we will reply as soon as possible and in any case within one month. Spotfitr is not part of any consumer arbitration system or other alternative dispute resolution scheme. Consumers may also contact the consumer affairs services of their region.

This English version is a translation; in case of discrepancy, the Spanish version prevails.