Terms & Conditions

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: 

 

  1. The User has read, understood, and agreed to the terms set forth herein.

  2. The User is of legal age and has enough legal capacity to be using the services available. 

  3. 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 FITCASH 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. 

 

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.

 

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 as a result 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 creates fun challenges for Users to join. The User may choose between joining a Step Challenge to increase their physical activity, or a Weight Loss Challenge to shred those extra kilos. All goals are personalised making it a fair game to all users. Each challenge is moderated by three coaches; a nutritionist, a fitness coach and a wellness coach, users receive fitness exercises, recipes and motivational tips

 

6.1.2. How does FITCASH work?

FITCASH is a fun, social and rewarding way to reach User’s health goals. The User may find a challenge with a goal and duration that suits them the best, invest in their health by putting a cash wager towards your goal, then start the journey towards living a healthier lifestyle. All wagers made by participants go straight into the Cashbox, and every participant who has reached their health goal by the end of the challenge, splits the sum of money from the Cashbox.

 

6.1.3. How does the User win?

There’s no draw and no element of chance, all the User must do is to reach their personalised goal by the end of the challenge, and they will qualify as a winner.

 

6.1.4. Is it possible to join more than one challenge at the time?

By joining FITCASH premium, subscribers are billed with €14,99 every month. Premium users can join one (1) challenge of their choice every month, users will also receive:


 

  1. Support from certified coaches

  2. Fitness videos

  3. Healthy recipes

  4. Extra premium rewards

  5. Community & support

 

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. 

 

6.1.6. How can the User claim his/her prize as a winner?

Please contact support@fitcash.me letting us know your full name and in which challenge you have won.

 

6.2. Cashbox Sharing

 

6.2.1 Why doesn't the money in the Cashbox correspond to the actual cost paid by participants? 

FITCASH offers participants different types of payment options depending on their geographical area, and these payment options each charge their own fee which deduct a certain percentage of the total amount paid by users.

 

  1. When purchasing any type of item through either Apple Store or Google Play, these partners take a 30% fee on each purchase. 

  2. When purchasing any type of item through credit card billing, the service operator retains between 3 to 5% fee on each purchase

 

Therefore, the full challenge price paid by participants is not fully transferred to the Cashbox, but rather the part left after deducting these fees. Hence, the Cashbox will not correspond to the amount of cost paid by players.  

 

6.2.2. How much of the Cashbox does FITCASH take as a fee?

FITCASH is an App which rewards each User who reaches their own health goal. However, FITCASH needs to pay for referees, development cost, full-time team, the coaches of the challenge, and more. Because of this, FITCASH retains between 20-35% of the Cashbox, depending on the total number of participants.

 

6.2.3. How does FITCASH split the Cashbox between winners and FITCASH?

All those who by the end of the challenge qualify as winners will split the Cashbox. Before paying the winners of a challenge, FITCASH will deduct the FITCASH fee from the total Cashbox, and the rest will be shared between the qualified winners.

 

6.2.4. What happens if all Users win in a challenge?

FITCASH has a No-Lose Guarantee to ensure Users never lose money if all Users reach their own goals. If one of FITCASH challenges has an unusually high percentage of winners, FITCASH will forfeit its portion of the Cashbox to ensure that all Users get their wager back.

 

 

6.3. Modes 

6.3.1. Weight Loss Challenge

6.3.1.1. 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 choice has been made, the challenge price needs to be paid. All challenges have a price, this is the money that makes up for the total in the Cashbox of the challenge which is shared by the winners. Once the price is paid, the User is asked to submit a validation process called the “weigh-in”. To qualify as a winner, the weigh-in needs to be submitted both at the beginning and at the end of the challenge.

 

6.3.1.2. 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. 

 

6.3.1.3. 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.

 

6.3.1.4. Is there a deadline to submit the weigh-ins?

To ensure everyone has the same opportunity, 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.

 

6.3.1.5. What happens if the User doesn’t submit their weigh-ins?

The User won’t be disqualified if they are not able to do the weigh-ins, but FITCASH won’t refund the money either. The User can participate in the challenge and finish it like everyone else, but since FITCASH can’t verify the weight loss the User won’t be qualified as a winner and won’t share the Cashbox.

 

6.3.1.6. How is the personalised goal calculated?

To make the game fair to each User, all challenge goals are personalised 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.

 

6.1.3.7. 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 doesn’t 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.

 

6.3.1.8. 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.

 

6.3.1.9. 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. 

 

 

6.3.2     Step Challenge

6.3.2.1. 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. If the User accepts the challenge, all challenges have a wager which needs to be paid. This is the money that makes up the total money in the Cashbox of the challenge which is shared by the winners at the end.

 

6.3.2.2. How is the User’s personalised step goal calculated? 

This goal is calculated by taking the average daily steps from the past 7 days and adding the challenge goal percentage. For example, if the average daily steps are currently 6000 steps. Now, the User would like to join a challenge where the goal is to increase the steps by 15% for 30 days. Here is how FITCASH calculates it: 6000 x 15% x 30 days. This would give a goal of 207,000 steps for the entire challenge. If the User reaches this number of steps before the end of the challenge, they will be qualified as a winner.

 

6.3.2.3. Where can the User check the personalised 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. 

 

6.3.2.4. What if the User has a new phone with no step record, can the User still join?

Yes. If FITCASH can’t 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.

 

6.3.2.5. 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 support@fitcash.me.

 

6.3.2.6. Is it necessary to have Google Fit downloaded on the User’s phone to retrieve the steps history?

FITCASH can extract this information from the Google Fit cloud without having to download and install the app on the User’s phone. All that is needed is to link the Google account when connecting the tracker to the FITCASH App.

 

6.3.2.7. 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:

 

  1. Open the Apple Health app.

  2. Choose “Sources” in the bottom menu.

  3. 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 support@fitcash.me. 

 

6.3.2.8. 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’s a zero-tolerance policy at FITCASH. If any User is caught cheating or falsifying their results, steps, weight-loss 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.

 

6.3.2.9. What if the steps in FITCASH and in the activity tracker don't match?

FITCASH extracts data from the User connected activity tracker every time the app is opened. If, for some reason, the step count doesn't match with the activity tracker please email support@fitcash.me 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 synchronised and updated in the FITCASH app, you need to launch the app on your phone at least 24 hours after the challenge has finished.

 

6.4. Store 

6.4.1. 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 or thoughts to the social feed or uploading a profile picture.

 

 

6.4.2. 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, once the User has these trophies available in their account they can redeem the reward. 

 

6.4.3. 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.

 

6.4.4. 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, an email will be sent to the User with the premium reward access. 

 

6.4.5. The User has no receipt of the email, but the trophies have been deducted from the account. What should the User do?

The email can take some time to generate. If there is still no email, check the junk folder. If it’s not there either, please contact FITCASH at support@fitcash.me and let us know which reward you would like to redeem.

 

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 FITCASH, S.L., Rec Comtal Street 13, 1-1a 08003 Barcelona (Spain)

●     Sending an email to support@fitcash.me

 

FITCASH will respond to complaints and requests received as soon as possible. 

 

8. 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. 

 

9. 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.

 

 

10. 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”. 

 

11. Privacy Policy

The scope of these Terms and Conditions is also subject to the Privacy Policy of the Service; both of which the User acknowledges and agrees to them. The User can find more information about the Privacy Policy into the following link: Privacy Policy.

 

12. 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. 

 

13. 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.