Terms & Conditions
Terms and Conditions of Use
These Terms and Conditions of Use (hereinafter, “the Terms and Conditions”) govern the access and use of the FITCASH App (hereinafter, “the App” or “FITCASH”), as well as the contracting of services and/or products through the same. The simple access to FITCASH attributes to the person who performs it the condition of the user (hereinafter, “the User”) and implies the acceptance of all the terms included in these Terms and Conditions. In the event of not agreeing with all or part of these Terms and Conditions, the User must refrain from installing and using the App.
By accepting these Terms and Conditions, the User states that:
The User has read, understood, and agreed to the terms set forth herein.
The User is of legal age and has enough legal capacity to be using the services available.
The User assumes all obligations set forth herein.
The provider of the App reserves the right, at any time and with no need for prior notice, to make any modification or update to these Terms and Conditions.
1. General information of the App
The provider and owner of the App is Kee Digital S.L. (hereinafter referred to as “FITCASH”) with a registered office in Rec Comtal Street 13, 1-1a 08003 Barcelona (Spain), holding tax identification number B66291667.
The marketing and payment processing is operated by Crowd Media BV (hereinafter referred to as “CROWD”) with a registered office in Piet Heinkade 95B, 1019GM Amsterdam (The Netherlands), holding tax identification number NL857571618B01.
2. Access to the App
Simple access to the App is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User. Notwithstanding the foregoing, the download of the App is free, however, its use is conditional on the user subscribing a monthly fee to use it. The App is available in the Apple Store and Google Play, although there may be certain restrictions on its availability depending on the User's country.
3. App usage rules
The User is obliged to use the App and all its content and services in accordance with the provisions of law, morals, public order and these Terms and Conditions, not using them to carry out illicit or criminal activities that violate the rights of third parties and/or that violate any regulation of the applicable legal system.
The User agrees to:
Not to introduce or disseminate content that is racist, xenophobic, pornographic, apology of terrorism or that violates human rights.
Not to introduce or disseminate on the network data programs (viruses and harmful software) that may cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.
Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.
Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illicit or unfair advertising.
Not to introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
Not to impersonate other Users using their registration keys to the different services and/or contents of the App.
Not to spread, transmit or make available to third parties any type of information, element or content that involves a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owner of the App or to third parties.
Not to spread, transmit or make available to third parties any type of information, element or content that supposes a violation of the secrecy of the communications and the legislation of protection of personal data.
The User undertakes to hold FITCASH harmless against any possible claim, fine, penalty or sanction that may be required to be borne because of the User's failure to comply with any of the aforementioned rules of use, and FITCASH also reserves the right to request the compensation for damages that correspond.
FITCASH reserves the right to cancel the account of those Users who make an inappropriate use of the App or do not respect the observations and prohibitions provided in these Terms and Conditions.
4. Contents and services linked through the App
The App may contain technical linking devices, directories and even search instruments that allow the User to access other Internet pages and portals (hereinafter “Linked Sites”). In these cases, FITCASH will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of its illegality and has not deactivated the link to them with due diligence. If the User considers that there is a Linked Site with illegal or inappropriate content, they can communicate it to FITCASH.
In no case should the existence of Linked Sites presuppose the formalization of agreements between FITCASH and the managers or holders thereof, nor the recommendation or promotion of the Linked Sites and/or their contents by FITCASH. Unless expressly stated otherwise on the App, FITCASH does not know the contents and services of the Linked Sites and, therefore, is not responsible for any damages that may be caused to the User or to any third party.
5. Intellectual Property
All the contents of the App, understood by them, by way of illustration but not exhaustive, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes, are of the intellectual property of FITCASH or third-party licensors, and none of the exploitation rights recognized by the current regulations on intellectual property over them can be understood as assigned to the User.
The User declares to be the sole author of all the photographs, images, texts and/or comments (hereinafter, “the User Contents”) that he/she publishes or sends through the sections of the App arranged for this purpose, guaranteeing that the use of them on the App does not infringe the rights of any third party. Regarding said User Contents, specifically weigh-in photos, are strictly confidential and will only be checked by the FITCASH moderators. FITCASH will never share them for any reason, and no other Users will be able to see them either.
The trademarks, trade names and other distinctive signs published on the App are the property of FITCASH or of third-party transferors and/or licensors, without any right to them being understood to be assigned to the User.
6. App function and modes
6.1. General information
6.1.1. What is FITCASH?
FITCASH is an engaging, fun and rewarding way to promote healthier habits, we use innovative gamification algorithms, coaching, rewards and social elements for a unique user experience. We create fun and gamified fitness & wellness challenges that enable users to achieve personal goals, get fitness videos, recipes & tips, join a thriving community and get rewarded. Each challenge has a predefined goal to achieve within a specific period of time (days), the User may find a challenge with a goal and duration that suits them the best.
Users can choose between a weight loss, step challenge or a variety of fun custom challenges. Each challenge has a social wall for participants and coaches to interact with each other.
6.1.2. Does the User win a prize when reaching his goal?
Only in some specific challenges as announced on the App, there will be a predefined number of winners and specific prizes to be awarded. In those specific challenges, there is no draw and no element of chance, all the User must do is to reach their personalized goal and meet the rules by the end of the challenge to qualify as a finalist. Rewards will be awarded according to the allotted number of predefined winners in each challenge, e.g., Users who achieve faster their step goals, engage more or have the most voted body transformations can unlock those rewards, winners are selected at the end of each month.
6.1.3. How can the User claim his/her prize as a winner?
Please contact firstname.lastname@example.org letting us know your full name and in which challenge you have won.
6.1.4. Is it possible to join more than one challenge at the time?
By joining FITCASH premium, subscribers are billed with a subscription fee of €14,99 per month. Premium users can join an unlimited amount of Premium and Free challenges.
Users during the challenges can receive:
Tips and articles in Fitness, Nutrition and general wellness
6.1.5. Can participants get disqualified?
Those who violate FITCHASH policies will get disqualified, without receiving a refund of the price which was paid upon joining. The behavior, which is not supported by FITCASH include, but is not limited to:
- Sharing provocative content to the social feed.
- Cheating or in other ways joining a challenge in bad faith.
- Others duly contemplated in the third clause of these Terms and Conditions.
6.2. Challenges categories
6.2.1. Weight Loss Challenge
188.8.131.52. How does a User join a weight loss challenge?
The User may decide on a challenge whose goal and duration fits them the best. Once the user joins a weight loss challenge, the User is asked to submit a validation process called the “weigh-in”.
184.108.40.206. How does the weigh-in work?
It consists of submitting two photos for FITCASH referees to validate; one should be a full-body photo of the User, either in front of a mirror or asking someone to take the photo, and the second photo needs to be on a digital scale’s readout with the keyword visibly written down on a piece of paper. The keyword is randomly generated per weigh-in, so the User should make sure they use the correct keyword corresponding to each weigh-in.
220.127.116.11. Why do the User need to weigh-in?
The weigh-ins prevent Users from submitting old photos or falsely reporting their weight and allow FITCASH to correctly validate each User's weight loss. If FITCASH suspects someone is cheating, the weigh-in will be rejected and the User needs to submit a new weigh-in. A reliable weight loss verification process is very important to FITCASH, which is why each weight loss is manually checked and verified by FITCASH Referees team.
18.104.22.168. Is there a deadline to submit the weigh-ins?
The initial weigh-in needs to be submitted within the first 72 hours upon joining the challenge. The final weigh-in needs to be submitted within 48 hours after the challenge has finished.
22.214.171.124. What happens if the User does not submit their weigh-ins?
The User will not be disqualified if they are not able to do the weigh-ins, but FITCASH will not refund the money either. The User can participate in the challenge and finish it like everyone else, but since FITCASH cannot verify the weight loss the User will not be qualified as a winner and will not earn any rewards in the event that the challenge has any specific rewards.
126.96.36.199. How is the personalized goal calculated?
To make the game fair to each User, all challenge goals are personalized based on each User’s starting point. By completing the initial weigh-in, FITCASH registers the weight on which the User started the challenge, and with this weight, FITCASH deducts the challenge goal percentage. For example, if the challenge goal is to lose 6% of weight and the User’s current weight is 100kg, the User needs to lose 6kg before the end of the challenge.
188.8.131.52. Isn’t it easy to cheat?
FITCASH takes cheating very seriously, the weigh-in process described above helps FITCASH to make sure Users are not using old photos, or that a third party is doing the weigh-in for them. To ensure that this does not happen, all weigh-ins are reviewed by the FITCASH Referee team which provides extra security.
Additionally, FITCASH uses technology such as artificial intelligence and special algorithms to verify all weight losses. If a User is caught cheating, they will be eliminated from FITCASH without a refund and banned from playing again.
184.108.40.206. Who will see my weigh-in photos?
User weigh-in photos are strictly confidential and will only be checked by the FITCASH Referee team. FITCASH will never share them for any reason, and no other participants will be able to see them either.
220.127.116.11. How can the User update their weight loss progress?
The progress circle seen on the challenge page should be manually updated by the User adding their new weight.
6.2.2 Step Challenge
18.104.22.168. How does a User join a step challenge?
The User may decide on the challenge whose goal and duration fits them the best. Once the choice has been made, the User will be prompted to connect the activity tracker. Once this connection is established, FITCASH can extract information from User’s step history to be able to calculate the personalized step goal. On the step challenge leaderboard, users can see their ranking and progress during the challenge.
22.214.171.124. How is the User’s personalized step goal calculated?
This goal is calculated by taking the average daily steps from the past 7 days and adding the challenge goal percentage.
126.96.36.199. Where can the User check the personalized goal calculation?
Inside the progress circle, the User may click on the information symbol. A pop up shows how the app has calculated the personalized goal and total number of steps required to win the challenge.
188.8.131.52. What if the User has a new phone with no step record, can the User still join?
Yes. If FITCASH cannot extract the User’s step history from the activity tracker, FITCASH will by default calculate a new goal on an average of 5000 daily steps.
184.108.40.206. What activity trackers work with FITCASH? How can they be connected?
Google Fit and Apple Health Kit are currently compatible with FITCASH. To be able to connect Google Fit the User needs to have access to their Google Account, and allow FITCASH access to retrieve data from the app. This should be done seamlessly upon joining a step challenge. If any issues occur when trying to connect the activity tracker, contact FITCASH support on email@example.com.
220.127.116.11. Trouble when connecting Apple Health to FITCASH App
If the User accidentally denied FITCASH access to Apple Health or has selected “Done” without turning on the permissions needed, the User is required to go to the app of Apple Health to manually enable access. The User must follow these steps:
Open the Apple Health app.
Choose “Sources” in the bottom menu.
Tap on “FITCASH” App and turn on switches to allow FITCASH to read the activity data from Apple Health.
If the User is still having issues with connecting Apple Health, please contact FITCASH at firstname.lastname@example.org.
18.104.22.168. Prevention against cheating
FITCASH have referees who are working actively to prevent cheating in our challenges, monitoring unusual step activity. User’s steps are constantly checked, and accounts will be flagged if they show suspicious behavior. There is a zero-tolerance policy at FITCASH. If any User is caught cheating or falsifying their results, steps, or other, they will be instantly disqualified, without getting a refund. Users can be asked to provide additional data from their activity trackers if they have been flagged.
22.214.171.124. What if the steps in FITCASH and in the activity tracker do not match?
FITCASH extracts data from the User connected activity tracker every time the App is opened. If, for some reason, the step count does not match with the activity tracker please email email@example.com with details of the error and FITCASH will look closer at the issue. To ensure that all step activity generated during the challenge period is correctly synchronized and updated in the FITCASH App, you need to launch the app on your phone at least 24 hours after the challenge has finished.
6.2.3. Custom challenges
Custom challenges do not have a personalized objective to reach in the form of a goal percentage. The goal of a custom challenge could be to eat healthier, to sleep better or to do a specific exercise. Depending on the goal of the challenge, Users will have to complete certain actions for a specific duration during the challenge, e.g., post a photo exercising 5 times during a week for 4 weeks.
6.3.1. How can the User earn trophies?
Certain actions inside the App are rewarded with trophies, such as: sending invitations to other Users to join FITCASH, sharing the User’s progress, posts to the social feed or uploading a profile picture. All Users participating in challenges can accumulate trophies.
6.3.2. What can the User do with the trophies?
The User can see their total amount of trophies in their profile, and in the store the User will be able to exchange these for premium rewards. Each item in the store has a trophy price, and a specific availability, once the User has these trophies available in their account, they can redeem the reward.
6.3.3. Can the User redeem more than one reward?
Users can redeem as many rewards as they wish, being the same one or not, only if they have enough trophies in their account and as long as the item is still available.
6.3.4. How does the User redeem a reward in the store?
By clicking the button “Redeem” for the item the User would like to purchase with the earned trophies, a pop up shows with the details to redeem the item, in some specific cases an email will be sent to the User with the premium reward access.
6.3.5. The User could not redeem the reward, but the trophies have been deducted from the account. What should the User do?
Please contact FITCASH at firstname.lastname@example.org, add your email/mobile number and the issue encountered, FITCASH team will respond to incidents as soon as possible.
7. Claims and requests for information
The User can address their claims or requests for information to FITCASH using any of the following methods:
● Sending a letter to the postal address:
Crowd Media BV
Piet Heinkade 95B
● Sending an email to email@example.com
FITCASH will respond to complaints and requests received as soon as possible.
If User wishes to cancel his subscription, an email should be sent to firstname.lastname@example.org
9. Liability and warranties
FITCASH is not responsible for the damages produced in the software equipment of the User during the use of the services offered in the App, nor of the damages or prejudices of any kind produced in the User that bring cause of failures or disconnections in the networks of telecommunications that produce the suspension, cancellation or interruption of the service during the provision thereof or prior.
FITCASH does not guarantee the suitability of the services offered in the App for the purposes pursued by the User.
In any case, the liability of FITCASH will be limited to the malicious and direct damages that the User may suffer, excluding loss of profits and consequential damages, only when they have been directly caused by FITCASH.
In no case can FITCASH be considered as an application subject to Law 13/2011, of May 27, regulating gambling. FITCASH is a recreational application that promotes exercise and a healthy life that compensates Users for meeting their own challenges.
10. FITCASH Health disclaimer
The App is not a medical organization nor a medical consultation, so FITCASH will not provide the User with any medical advice. The User is solely responsible for their own health. The purpose of the App is to help Users to improve their health by providing them funny ways to do exercise and to track their health, weight and interact with coaches and other Users. Information made available through the App and by our partners and affiliates shall solely be used for a recreational purpose. FITCASH cannot guarantee any health, weight and/or fitness results or improvements. FITCASH is not responsible for any personal injury or any other damages that may arise, directly or indirectly, from the use or misuse of the App. FITCASH is not responsible for the consequences derived from sudden or rapid weight loss that the User may experience in the framework of the use of the App. Always consult with your doctor if you experience any pain or discomfort or even if the User suffers from any health condition before using the App.
11. Notice Terms and Conditions of Use
The App reserves the right to revise or modify these Terms and Conditions at any time. The User is responsible for reviewing these Terms and Conditions.
When the App changes these Terms and Conditions of Use, FITCASH will notify the User with the aim that they can review it.
If the User continues use of the App after the notice of a change or modification of these Terms and Conditions, it will be determined as the User’s acceptance of the revised Terms and Conditions. When the changes imply regard and express consent, it will be notified and required your indubitable action for consent. The current version will always be posted on the App at “Settings - Terms and Conditions of Use”.
12. Responsibility for promoting the App
The marketing and payment processing is operated by CROWD, so the responsibility derived from the content of the advertisements that appear in the App will be solely and exclusively CROWD. If the User wishes to file a complaint or claim in relation to the content of the advertisements, he must go directly to CROWD, keeping FITCASH out of the way.
13. FITCASH and ineffectiveness of the clauses
If any clause included in these Terms and Conditions is declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision, subsisting these Terms and Conditions in everything else.
14. Applicable law and jurisdiction
These Terms and Conditions will be governed and interpreted in accordance with Spanish legislation. In case of controversy, the User can choose to file their claim before the Courts or Tribunals that correspond to their domicile.