Terms of Service

Article 1 — Publisher and service description

FitResa is a SaaS platform for schedule management, booking, and client relationship management for sports and wellness professionals. The platform is published by:

Hereinafter referred to as "FitResa" or "the Publisher".

Article 2 — Purpose

These Terms of Service (hereinafter "ToS") define the conditions under which FitResa makes its platform and services available to users, as well as the rights and obligations of each party. They apply to any person accessing the platform available at fitresa.com (hereinafter "the Platform").

Article 3 — Definitions

User	Definitions
Platform	All software services, interfaces and features made available by FitResa
Professional	Any natural or legal person engaged in sports or wellness activities (coach, gym, studio, instructor) who has created an account on the Platform
End User	Any natural person using the Platform to browse offers and make bookings with a Professional
User	Refers to the Professional and/or End User
Content	Any information, data, text, photo, pricing or schedule published on the Platform
Booking	The act by which an End User reserves a time slot or service offered by a Professional
Subscription	An access plan for advanced Platform features subscribed to by a Professional

Article 4 — Acceptance of ToS

Access to and use of the Platform implies full and unconditional acceptance of these ToS. When creating an account, the User explicitly checks a box confirming that they have read and accepted the ToS. Any use of the Platform without accepting the ToS is prohibited. The ToS are accessible at any time from the Platform's footer. FitResa reserves the right to modify them (see Article 18).

Article 5 — Service description

5.1 For Professionals

FitResa provides Professionals with tools including: schedule and availability management, online booking, client database (CRM), email/SMS communication, payment processing via Stripe Connect (see Article 10), and analytics.

5.2 For End Users

FitResa allows End Users to browse Professional offers and availability, make online bookings, manage their bookings, and communicate with their Professional.

5.3 FitResa's role

FitResa acts solely as a technical service provider. FitResa is not an organiser or co-organiser of any classes, sessions or activities offered by Professionals.

Article 6 — Account creation and registration

6.1 Access conditions

Account creation is open to any adult (18+) natural or legal person. Minors may access as End Users only with parental/guardian consent.

6.2 Information provided

The User agrees to provide accurate, complete and up-to-date information. FitResa reserves the right to suspend accounts with manifestly incorrect information.

6.3 Credentials and security

The User is solely responsible for the confidentiality of their credentials. In case of compromise, contact hello@fitresa.com immediately.

6.4 Single account

Each User may only create one personal account. Creating multiple or fake accounts is prohibited.

Article 7 — Professional obligations

The Professional agrees to:

• Operate in compliance with applicable law (qualifications, insurance)
• Publish accurate information about their offers, prices and cancellation conditions
• Handle the commercial relationship with their End Users directly
• Process their clients' data in compliance with applicable data protection law

Article 8 — End-user obligations

The End User agrees to:

• Provide accurate information when booking
• Respect the cancellation conditions set by the Professional
• Pay the Professional directly according to the proposed terms
• Use the Platform in compliance with these ToS

Article 9 — Prohibited content — Rules of conduct

It is prohibited for any User to:

• Post unlawful, defamatory or discriminatory content
• Impersonate any person or Professional
• Use the Platform for spam or fraud
• Attempt unauthorised access to FitResa's systems
• Disrupt the Platform (bots, unauthorised scraping)
• Post fake reviews or false information
• Misuse the Platform for unauthorised commercial purposes

Article 10 — Payments and Stripe Connect

10.1 Principle

Payments flow directly between the End User and the Professional via Stripe Connect. FitResa is not a payment service provider and never holds funds transacted between End Users and Professionals.

10.2 Liability

Professionals hold their own Stripe Connect account and have accepted Stripe's ToS. FitResa assumes no liability for payment disputes between End Users and Professionals.

10.3 SaaS subscriptions

Professional subscriptions are billed separately under the General Terms of Sale.

Article 11 — Intellectual property

The Platform and all its components (design, code, trademarks, logos) are the exclusive property of Susanoo SAS and protected by intellectual property law. Professionals retain ownership of their content and grant FitResa a non-exclusive display licence for Platform operation purposes.

Article 12 — Service availability and maintenance

FitResa undertakes to use reasonable means to ensure Platform availability 24/7. FitResa reserves the right to interrupt access to the Platform for maintenance, updates, or force majeure. Planned interruptions will be notified in advance where possible. FitResa does not guarantee uninterrupted availability and shall not be liable for service interruptions beyond its control (hosting failure, cyberattack, force majeure).

Article 13 — Limitation of liability

13.1 FitResa's liability

FitResa is subject to a best-efforts obligation. Its liability is capped at the amounts paid by the Professional in the 12 months preceding the event. FitResa is not liable for Professionals' acts, payment disputes, indirect damages or inaccurate User information.

13.2 Professionals' liability

The Professional is solely responsible for the legality and quality of their services, published information and GDPR compliance for their clients' data.

Article 14 — Personal data

The processing of Users' personal data is governed by FitResa's Privacy Policy, accessible from the Platform's footer. In summary:

• FitResa is the data controller for Professional subscribers' data
• FitResa acts as data processor for End Users' data on behalf of Professionals
• A Data Processing Agreement (DPA) is concluded with each Professional
• Users may exercise their rights at legal@fitresa.com

Article 15 — Duration, suspension and account termination

15.1 Duration

Accounts are created for an indefinite period.

15.2 Termination by the User

Any User may delete their account at any time via account settings or by contacting support.

15.3 Suspension or termination by FitResa

FitResa may suspend or terminate an account for ToS violation, non-payment, fraudulent use or court order.

Article 16 — Hyperlinks

The Platform may contain links to third-party websites. FitResa has no control over these sites and disclaims all liability regarding their content or privacy policies.

Article 17 — Force majeure

FitResa shall not be liable for failure to perform its obligations in the event of force majeure, including: natural disaster, widespread internet outage, third-party hosting failure, large-scale cyberattack.

Article 18 — ToS amendments

FitResa reserves the right to modify these ToS at any time. Changes will be notified to Users by email and/or platform notification, with 30 days' notice before taking effect. Continued use of the Platform after such notification constitutes acceptance of the new ToS. If you do not accept the changes, you must delete your account before the effective date.

Article 19 — Governing law and jurisdiction

These ToS are governed by French law. In the event of a dispute regarding their interpretation or performance, and in the absence of an amicable resolution within 30 days of notification, the parties agree to seek mediation before any legal action.

For consumer End Users: you may use a free consumer mediation service. EU online dispute resolution platform: ec.europa.eu/consumers/odr.

For Professionals (B2B): disputes shall be submitted to the Commercial Court of Créteil, France.

Article 20 — Miscellaneous

• If any provision of these ToS is declared null or unenforceable, the remaining provisions shall remain in force.
• FitResa's failure to enforce any breach by the User shall not constitute a waiver of the right to do so in the future.
• These ToS constitute the entire agreement between FitResa and the User and supersede any prior agreements on the same subject matter.