Terms & Conditions

These terms set out the standard framework of the FitnessHub platform usage agreement. Individual commercial terms (pricing, billing model) are defined in a separate offer for each Client.

1. Subject of the Agreement

LAVA CLUB LLC ("Provider") grants the Client access to the FitnessHub software platform, designed for managing members, communications, offers, events, and billing. The Client uses the platform for its own business and to deliver services to its end users.

2. Legal Nature of the Relationship

This is a strictly business relationship between the Client and the Provider. Nothing in these terms shall be construed as a partnership, joint venture, agency, or ownership relationship. The Client operates independently and bears full responsibility for its business activities.

3. Commercial Terms

Pricing for use of the platform, the billing model (paid and free users), minimum monthly fee, payment terms, and consequences of late payment are agreed individually with each Client. The commercial offer is provided prior to contract execution and forms an integral part of the agreement.

4. User Management

The Client independently manages its end users, communications with them, and the prices of its own services. The Provider supplies the technical infrastructure and is not a party to the relationship between the Client and its end users.

5. End-User Billing

The Client bears full responsibility for billing, refunds, and disputes with its end users. The Provider has no access to those funds and is not part of the financial flow between the Client and its users.

6. Ownership of Users and Data

The Client is the sole owner of its end users, their data, and the relationship with them. The Provider has no ownership rights over the Client's users. The Provider is entitled to send system notifications (maintenance, security), platform improvement information, and offers and benefits from platform partners. The Provider owns the platform and software. The Client receives a right to use the platform without acquiring ownership.

7. Data Export

The Client may request an export of its data at any time. The export will be delivered within 7 days of the request.

8. Term and Termination

The agreement is concluded for an indefinite term. Either party may terminate the agreement with 15 days' written notice.

9. Confidentiality

The confidentiality obligation applies during the term of the agreement and for 5 years following its termination.

10. System Protection

The Client is prohibited from copying the platform or developing a similar system during the term of the agreement and for 48 months following its termination.

11. Contractual Penalty

In the event of a breach of section 9 (Confidentiality) or section 10 (System Protection), the Client shall pay a contractual penalty of EUR 50,000 per breach, without prejudice to the Provider's right to seek compensation for actual damages.

12. Limitation of Liability

The Provider is not liable for the Client's business results or for service interruptions caused by circumstances outside its reasonable control.

13. Technical Support

The Provider supplies basic technical support for use of the platform.

14. Data Protection

The Client is responsible for the lawfulness of processing its end users' personal data in accordance with applicable law. Details of data processing are set out in the Privacy Policy.

15. Force Majeure

The Provider is not liable for failure to perform due to force majeure events (natural disasters, war, government measures, infrastructure outages, and similar).

16. Jurisdiction

Any disputes arising from this agreement shall be settled by the court in Belgrade, applying the laws of the Republic of Serbia.

Contact

For questions regarding these Terms, please contact us at [email protected].