AIMHARDER is a mobile application (App) designed for the analysis and improvement of athletic performance of users, facilitates reservations and sports management of users. The intellectual and industrial property belongs to AIMHARDER GLOBAL, S.L., which consequently owns all the rights of exploitation of the same.

Object

The purpose of these general conditions is to regulate the use made by Professional and End Users of the mobile and web application.

In the relationship between the Professional User and the End User, he or she assumes the position of mere intermediary, performing the functions described in these conditions.

AIMHARDER Users: Professional Users and End Users

The use of AIMHARDER, by means of the corresponding registration, confers the status of "End User" who accepts the General Conditions of Service reflected here from said registration.

In order to register, AIMHARDER will request from the User the necessary data for the registration and maintenance of the relationship with the User, as well as for the sending of communications by electronic means. By completing the registration process, the User consents to the sending of such communications.

These general conditions of use regulate the access and use of the mobile application and the web by Professional and End Users.

Functionalities

AIMHARDER is a software to manage the analysis and improvement of athletic performance of users, facilitates reservations and sports management of users and customers that allows companies and professionals, either through AIMHARDER.com or the mobile application:

End Users:

- Earn points with each WOD and compete to be the Fittest in your Box and in AIMHARDER.

- Remember your progress on every WOD without worrying about finding your latest brands.

- Manage your reservations and see who will be in class with you every day.

- Copy the WODs published in your Box to upload your results in seconds.

- Improve your technique and avoid injuries by reviewing the videos of over 800 exercises available.

- Know your theoretical 1RM and follow your evolution in detail in 1, 3, 5 and 10 repetitions.

Professional Users:

- Control your active customers, manage their rates easily and anticipate possible downtime.

- Easily manage direct debits and automatically block customers with pending payments.

- Combine your classes without complications and set the flexibility of your rates to your liking.

- Manage your products, monitor available units and record all your sales with one click.

- Solve all your questions and discuss your suggestions for improvement with your personal agent.

These functions can be extended or progressively modified in successive updates.

Procedure

The Professional Users who contract the service of AIMHARDER enter in the registration process the necessary data for the maintenance of the relationship with AIMHARDER and the payment of the service fees. Registration implies full acceptance of these general conditions.

The access to AIMHARDER by Professional Users will be carried out remotely through the Internet by means of a username and password defined by the Professional User, being the only responsible for its custody and good use. The End User will also access the AIMHARDER application through his/her user name and password.

AIMHARDER is not a party to the contract for the provision of services, which is concluded exclusively between the End User and the Professional User. The Professional User is solely responsible for the execution of the contract with the End User.

Professional users with several centers.

Those companies that have so agreed with AIMHARDER, may use AIMHARDER for the management of all or some of its centers. If these other centres have different legal personality (franchisees, associates, etc.), they must, previously and inexcusably, accept the present general conditions expressly, understanding that each one of them is, to the mentioned effects, a Professional User of AIMHARDER.

Regarding the price and the payment method, we will stick to what has been agreed for each case with the Professional User.

Updates and technical support.

AIMHARDER will make any modifications or updates it deems necessary or convenient. Updates will be applied automatically.

AIMHARDER does not guarantee the permanence of the current functionalities in the same state in which they are at present, being able to carry out at any time the updates or modifications that it deems convenient.

AIMHARDER provides technical support for operational and operational queries. Both the Professional User and the End User have the email address info@AIMHARDER.com or through the contact forms on the website, through which they can address their questions or queries.

Disclaimer of liability

AIMHARDER will not be held responsible for any damages, either its own or to third parties, caused by improper use of this website by the customer.

AIMHARDER is not responsible for viruses originating from a telematic transmission infiltrated by third parties generated with the aim of obtaining negative results for a computer system.

AIMHARDER will not be responsible, under any circumstances, for the data of third parties entered in the offered application (for example, images). The user who contracts the services of "AIMHARDER" will be responsible for the correct processing of the data of third parties (e.g. patients), with AIMHARDER serving only as a management or storage tool.

AIMHARDER is a platform designed for the analysis and improvement of athletic performance of users, but should not replace the advice of professionals. Of course, AIMHARDER will not be responsible for any physical situation suffered by the user, such as a sports injury, illness or death, even in the case of exercises or competitions proposed by AIMHARDER staff or by the community of users of the platform.

AIMHARDER shall ensure, to the extent reasonably possible, and within the limitations set out in these Conditions, the proper functioning of the software. However, AIMHARDER will not be responsible for any interruptions in access that may occur for reasons beyond its control, such as incidents in the communication networks, program maintenance tasks, resolution of incidents, among others, although it will make every effort to ensure that they do not occur. With respect to those scheduled or known interruptions, AIMHARDER will give the Professional User reasonable notice, declining any responsibility for the impossibility of access to the software by the Professional User.

AIMHARDER will not incur any liability of any kind related to the services provided by the Professional User that have been included in AIMHARDER.

In short, the user is solely responsible for the use he/she makes of the services, contents and links included in this website.

Disclaimer and Limitations of Liability

In the event of a claim by the Professional User for breach and/or damage of any kind arising from the use of AIMHARDER, the Professional User accepts that AIMHARDER shall be liable up to the amount of the monthly fee paid by the Professional User for the period in which the incident or damage occurred.

The Professional User accepts and acknowledges that any claims that may be made by the End User regarding the quality or diligence in the provision of the service provided by the Professional User shall be borne by the Professional User.

Also, the Professional User claims to know that the AIMHARDER software is not designed to meet their particular needs but is intended to fulfill a general purpose. There is no guarantee that the features of the program are those that, in the opinion of the Professional User, should be fulfilled, nor that they respond to the particular needs of the same.

Prohibitions

Any use other than the purpose of AIMHARDER indicated in these conditions is prohibited, and the Professional User shall be liable for any damages caused as a result of non-compliance with any of the obligations included in these conditions.

The total or partial reproduction of the AIMHARDER software, even for personal use, by any means and in any form, permanent or temporary, is prohibited; the translation, adaptation, arrangement or any other transformation and reproduction of the results of such acts, and any form of public distribution, including the rental of the software or any transfer of use to unauthorized third parties.

These acts constitute an infringement of the exploitation rights of AIMHARDER, and may constitute an offence against intellectual property under Article 270 of the Criminal Code.

Privacy, Security and Data Protection.

AIMHARDER makes available to Users the Legal Notice - Privacy Policy and this document with which it intends to comply with the provisions of current legislation on data protection, and in the context of the new regulatory framework established under the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as'RGPD') and national legislation on the protection of personal data, and to inform all users of the website of the conditions of use of the website.

Any person accessing this website assumes the role of User, committing to the observance and strict compliance with the provisions set out in the documents Legal Notice - Privacy Policy, Cookies Policy and Conditions of Use, as well as any other legal provision that may be applicable.

The personal data provided by Professional Users when registering or contracting the AIMHARDER service are collected for the purpose of managing the relationship with them. The purpose of AIMHARDER's personal data processing is to manage the data of its Professional Users and the business and technical support relationships established with them.

The personal data of End Users that they provide when registering to use the AIMHARDER platform service and connect with Professional Users, if applicable. In the case that the End User belongs to a Box, the data is accessible by the Professional Users with whom they relate through the application. Consequently, the Professional Users are responsible for their treatment, corresponding to the fulfillment of all the obligations imposed by the regulations on the protection of personal data. AIMHARDER is in charge of the processing of the data of the Professional Users and of the hosting of the data of the End Users, and therefore assumes the obligations established in the RGPD (it will only process the data in accordance with the instructions of the data controller, will not apply or use them for purposes other than the hosting of the same, nor will it communicate them, even for their conservation, to other persons, and once the contractual provision has been fulfilled, the personal data will be destroyed or returned to the data controller). AIMHARDER will apply the security measures corresponding to the nature and sensitivity of the data as data processor.

Personal data will also be processed for:

- Sending commercial advertising communications by email, fax, SMS, MMS, social networks or any other electronic or physical means, present or future, that makes it possible to carry out commercial communications. These communications will be made by AIMHARDER GLOBAL, S.L. and related to its products and services, or those of its collaborators or suppliers with whom it has reached a promotion agreement. In this case, third parties will never have access to personal data.

- To process orders, requests or any type of request that is made by the user through any of the contact forms that are made available.

- Submit the newsletter from the website.

AIMHARDER will not treat the data with a use different from that stated in these General Conditions without the consent of the Users.

Users may at any time exercise their rights:

- Right to withdraw consent at any time.

- Right of access, rectification, deletion, portability of your data and the limitation or opposition of their processing, as well as not being the subject of individual automated decisions.

It must be properly identified and clearly request the right to exercise.

- Postal address: EKATEKO, S.L., C/ BITORIALANDA 12 INT PABELLON 5, 01010, VITORIA (ÁLAVA)

- E-mail: dpo@ekateko.es

AIMHARDER's communications with the End User.

The End User may receive emails with alerts, reminders, confirmations, payment receipts, etc. that will be sent to the End User via an email address of the Professional User. Such communications are sent by Professional Users through the system without the intervention of AIMHARDER.

AIMHARDER allows both the Professional User and the User to customize the communications and notification regime.

AIMHARDER communications with the Professional User.

The Professional User may receive newsletters with new features or system updates, provided they are subscribed to them.

In addition, you will also receive monthly invoices or communications about errors or operational alerts that are mandatory for the duration of your subscription to the AIMHARDER service.

Configuration of personal information.

From AIMHARDER it is possible for End Users and Professional Users to access and update their profile information, both through the web application and through the mobile application. These changes will take effect immediately after they are saved and will be received by AIMHARDER for further use.