Thank you for choosing our services. Our "Services" encompass our website, our application, and the coaching services facilitated through our website or application. We urge you to thoroughly review these Terms of Use ("Terms").
By utilizing our services, you expressly agree to abide by these terms. Should you disagree with any part of these terms, refrain from downloading or using our services.
Identification
We are Andrés Ruggeri, self-employed, legally registered in Germany, with business address at:
Frankfurter Allee 106A
10247 Berlin, Germany
You can reach us via email at andres@ruggerifit.com.
Contacting us
Feel free to get in touch. If you wish to communicate with us, send an email to andres@ruggerifit.com.
Our communication channels. We will reach out to you through email, text message, Instagram, WhatsApp, or prepaid post using the contact information you provide.
Upon registering on our website, you consent to us (or our representative) contacting you to update you on our services.
Using our services
In exchange for your commitment to adhere to these terms, you are permitted to:
- Download our website and app to your personal device for personal use only.
- Receive and apply all free app updates.
- Apply for coaching services under the stipulated conditions.
To accept these Terms, you must be at least 18 years old or have parental consent. If you're under 18 with parental consent, we recommend parental involvement in your coaching sessions.
If you're under 18 without parental consent, we cannot accept you as a client.
Ordering coaching services
To order our services, register through the contact form on our website or book a free discovery call. We will contact you to gather information about your needs. If mutually agreeable, you receive an email with the details and a payment link.
Our acceptance of your order occurs when we send an acceptance email, concluding the coaching contract. If we cannot accept your order, you will be promptly informed and no charges will be incurred.
The contract is formulated in Spanish, English, or German upon request.
Use of our services is at your own risk (no medical advice)
We do not dispense medical or professional advice for reliance. Before commencing any exercise or diet program, consult with your GP or healthcare professional. If you experience adverse effects, stop immediately and seek medical attention.
Exercise involves inherent risks, and you assume these risks at your discretion. Use meal plans at your own risk, ensuring compatibility with your allergies or intolerances. Our services are not a substitute for medical advice or treatment.
Considerations when using our services:
- Disclose allergies and intolerances in the questionnaire.
- Disclose injuries, illnesses, or diseases.
- Scrutinize diet ingredients for allergens.
- Ensure sufficient space for activities.
- Use fitness equipment at your own risk.
- Be aware of mental and physical health considerations.
- Seek advice from a nutritionist and/or doctor before starting any fitness or health program.
Important disclaimers
We do NOT provide specific supplement recommendations or prescribe particular dosages. Specifically, we refrain from:
- Prescribing diets or nutritional supplements for medical/clinical conditions.
- Prescribing diets to address symptoms of medical conditions.
- Diagnosing diseases.
Our role is limited to offering suggestions and assistance with meal planning. Meal plans we provide are designed to promote consumption of lean proteins, nutrient-rich vegetables, and meet daily macronutrient requirements.
Payment terms
Payment details, including monthly payment overviews, are presented before payment. All applicable fees, charges, VAT (where applicable), and delivery costs are incorporated in the specified price.
Payments can be made in advance or in monthly instalments. For paid services, payment is facilitated through Stripe. Any payment through this third-party service releases you from your payment obligation.
Tax regime: in accordance with §19 of the German VAT Act (UStG), VAT does not apply to our invoices (small business regulation).
Your account
The confidentiality of login details is paramount. Under no circumstances should you share this information with others. If you suspect any compromise, take prompt action.
You are strictly prohibited from authorizing another person to access the platform or allowing the use of your login credentials. Permitting others to access the Services through your credentials constitutes a breach of these Terms and may lead to suspension or termination.
Your privacy
We utilize personal data collected during your use of our services strictly as outlined in our Privacy Policy.
Internet transmissions are not inherently entirely private or secure. There is a risk that information sent via our services may be read or intercepted by others.
Intellectual property rights
All global intellectual property rights in the Services belong to us and our licensors. These rights are licensed (not sold) to you. You possess no intellectual property rights in the Services other than the right to use them in compliance with these terms.
These Terms provide you with a personal, non-transferable, and non-exclusive right to use our Services. Any feedback, comments, or suggestions you provide regarding our Services are voluntary, and we are free to use them as deemed appropriate without obligation.
Acceptable use restrictions
You may use our services for lawful purposes and must:
- Refrain from unlawful use of the Services.
- Avoid acting with fraudulent or malicious intent.
- Not inject, distribute, or transmit malicious code.
- Not infringe our or third-party intellectual property rights.
- Avoid transmitting defamatory, discriminatory, threatening, obscene, sexually explicit, or offensive material.
- Not use the Services in a way that could damage, overburden, or compromise our systems.
- Not collect or harvest information from our systems.
Our responsibility for loss or damage
Limitations of the Services: our Services are not designed to meet all your needs. For personalized exercise routines or diet plans, you acknowledge using them at your own risk. For health concerns, consult your healthcare professional.
You use information provided through the Services at your own risk. We make no representations, warranties, or guarantees regarding the accuracy, completeness, or timeliness of such information.
Limitation of liability
Except for fraud, fraudulent misrepresentation, personal injury, death, or other liability prohibited by applicable law, our liability is limited as follows:
- Consequential, incidental, indirect, special, punitive, or exemplary damages are not our responsibility.
- Our liability to you for any breach is limited to the maximum aggregate amount equal to what you paid us in the six months preceding the claim.
- These limitations apply even if parties were advised of the possibility of such damages.
Termination
You can cancel the contract at the end of the minimum contract term by providing at least one month's notice. Cancellation takes effect from the first day of the following billing period.
Failure to comply with these Terms (including non-payment) may lead to termination of your rights to use the Services. We reserve the right to terminate access if we believe you have seriously violated these Terms.
Right of cancellation
Upon accepting these terms, you acknowledge that you can access digital content (workouts, training programs, diet plans) before the standard 14-day cancellation period expires. Consequently, you expressly waive your right to cancellation from the moment you gain access to digital content.
Until you receive access, you retain the right to cancellation under general consumer contract rules. Cancellation notice must be sent digitally via email to andres@ruggerifit.com before you access the digital content, with "Cancellation" in the subject line.
Contract transfer
We reserve the right to transfer our rights and obligations under these Terms to another organization (such as in case of acquisition). We will ensure the transfer does not affect your rights.
You can only transfer your rights or obligations under these Terms to another person with our written consent.
Severability clause
If any court declares any part of this agreement unlawful, each paragraph of these terms is considered separately. If a court deems any paragraph unlawful, the remaining paragraphs continue in full force and effect.
Applicable law and jurisdiction
These Terms are governed by German law. This choice of law does not affect the protection provided under mandatory law of your country of residence. If you wish to bring an action regarding the Services, you may do so before competent courts.
Alternative dispute resolution
If you wish to file a complaint, email us at andres@ruggerifit.com. Your complaint will be handled promptly in accordance with market practice.
If unsatisfied with how we handle a complaint, you can submit the dispute to the European Commission's online dispute resolution platform: https://ec.europa.eu/consumers/odr/
For any questions about these terms, contact us at andres@ruggerifit.com.