This document and the Privacy Policy form our rules on the use of the service on the Smart4Fit platform and application and represent the Terms and conditions for users, the way of user registration, user rights and notifications, the way of providing the service, the way of calculating fees (commission), copyright and related rights, and others issues that are important for the functioning and use of the platform (further in the text: Rules).
The Rules are a legally binding access agreement between you and Nissatech Innovation Centre. This agreement sets out your rights and responsibilities when you use the Smart4Fit website and other services provided by Nissatech Innovation Centre (hereinafter: “Services”), so please read them carefully. By using any of our Services (even if you only browse one of our websites), you agree to these Terms. If you do not agree with the Rules, you cannot use our Services. Any use of the Platform in whole or in any part not in accordance with these Terms of Use will be considered an abuse of the services provided by Nissatech Innovation Centre and by violating the Terms and Conditions.
By voluntarily using any segment of the Platform and the Application, the user confirms that he or she is familiar with and agrees with the Terms and Conditions and the conclusion of this Agreement upon accession.
Nissatech Innovation Centre undertakes to provide the Service to Users defined by these Terms and Conditions, in the manner and with the restrictions described in these Terms and Conditions, and in accordance with the applicable regulations of the Republic of Serbia. The Service User undertakes to comply with these Terms and Conditions in all respects when using the Platform. The contracting parties agree that in order to fulfil these obligations, it is necessary that Nissatech Innovation Centre collects, processes and stores the personal data of Service Users in accordance with the applicable regulations of the Republic of Serbia, General Data Protection Right (GDPR) and the Privacy Policy, which is available for all Service Users. By accepting these Terms and Conditions, each User confirms that he or she is familiar with and agrees with the Privacy Policy, and gives express consent to the collection and processing of data, in the manner described in the Policy.
“Smart4Fit” is the exclusive property of the company Nissatech Innovation Centre, with its registered office at Cara Dusana 58/303, 18000 Nis, registry number 20514787, VAT number 106017516, entered in the register of the Business Registers Agency of the Republic of Serbia, e-mail: info@nissatech.com hereinafter “Nissatech Innovation Centre” or “Company”, which aims to provide the services specified herein.
Nissatech innovation centre is a software and technology provider. With our expertise in many domains, we've entered the sports and fitness industry with a vision to become a leading provider of digitalized services for monitoring physical activities by using wearable devices and in-house developed software solutions. We are more than happy to have you as a member of our digital platform and community.
The users of the Platform’s services are considered to be visitors and registered users (individuals or legal entities. A visitor is a person who accesses the Platform without signing in and registering. Registered users are persons and legal entities that register and log in to the Platform, which can be registered as service providers – Professionals and service users – Trainees. Users must be 15 or older to use the Platform. If the persons are minors, they can use the Platform under the supervision of a parent or guardian. Please note that it is mandatory to accept using Smart4Fit mobile applications on your own responsibility for potential injuries, physical and/or mental illness or even death.
If Trainees have a Trainer supervision of any kind (as if live, online guided, or online mentorship) for physical activity, the responsibility for results or eventual injury, physical or mental illness or disease, or even lethal outcome, is strict to their agreement (verbal or written), and Smart4Fit Platform (and thus Nissatech) cannot be considered responsible at any means, for a possible negative outcome of that cooperation.
To use the services, it is necessary to register as a Service User (open a user account), which is free of charge. As we create the main user account on your behalf, you need to give us your e-mail address to which you can receive an e-mail to confirm your identity when entering the application. Users are obliged to keep the access password they need to use the Platform at all times, as well as never to reveal it to third parties. If they violate this obligation, the members do so on their own responsibility and bear full responsibility towards the injured parties, for any damage caused by such use of their account.
Registered and logged-in Service User – The Trainer, fitness, wellness or Sports club (hereinafter: Professional), may use the platform and/or application(s) to create client profiles, exercises, phases and training plans. In addition, the platform and/or applications are used alongside wearable optical devices to monitor heart rate and accelerometry data which can be used in a variety of ways to interpret results.
Registered user – Trainee (hereinafter: Client), can communicate with the Professional via e-mail or chat within the Smart4Fit application(s), or in person. Professional performs required action for their Client in the application(s), such as creating user profiles, inputting data, assigning and monitoring training and any other activities.
Nissatech Innovation Centre, as the owner of the Smart4Fit brand and platform, reserves the right to provide the services at any cost it deems suitable or cease providing the services to any Registered User without given explanation and at immediate effect.
Our Platform allows Professionals, as registered users, to post, link, store, share and otherwise make available certain information, text, graphics, video or other material related to various training programs (hereinafter: “Content”). All content and information left by users on the Platform must be true and correct. The responsibility for the truthfulness and accuracy of the entered content lies exclusively with the users who entered the same content. We may, but have no obligation to monitor, edit or move content that we believe is illegal, offensive, threatening, defamatory, pornographic or otherwise inappropriate or infringes the intellectual property rights or these Terms and Conditions.
You agree that your content and data will not infringe any rights of any third party, including copyrights, trademarks, privacy, personality or other personal or private rights.
Our Services may contain links to third-party sites or services that we do not own or control. You may need to use a third-party product or service to use some of our services (such as a compatible mobile web browser). When you access these third-party services, you do so at your own risk. Third parties may require you to accept their Terms and Conditions. Nissatech Innovation Centre, thus Smart4Fit, is not a party to these agreements, they are exclusively between you and a third party.
Service users agree that they will respect the following restrictions when using the Platform:
You further agree that your content will not contain defamatory or otherwise illegal, offensive material, or that it contains any computer virus or other malicious software, which could in any way affect the operation of the platform or any linked website. You may not use a fake e-mail address, pretend to be anyone other than yourself, or otherwise mislead us or third parties about the origin of any content. You are solely responsible for all content and its accuracy. We do not assume any responsibility and assume no responsibility for any content posted by you or any third party.
Nissatech Innovation Centre excludes its own responsibility in accordance with the following:
To the fullest extent permitted by law, neither Nissatech Innovation Centre nor our employees or directors shall be liable for any lost profits or income, or for any cause-and-effect, incidental, indirect, special or damages arising out of or in connection with the Services or these Rules and User Agreement. In no event shall the total value of Nissatech Innovation Centre’s liability for any damages exceed the amount you have paid to Nissatech Innovation Centre in the past twelve months.
Due to force majeure or technical problems, it is possible that the Platform and / or the application is not available to all or some part of the users during certain periods of time. In such cases, Nissatech Innovation Centre is not liable for any damages incurred. Nissatech Innovation Centre reserves the right to refuse to publish advertisements or content for any reason, and in that case is not liable for any damage caused by this act.
To contact the user services of Nissatech Innovation Centre (administration), users are referred to the contact form. The response of the administrator or user team of Nissatech Innovation Centre does not necessarily reflect the position of the company, and accordingly Users cannot exercise any rights based on such written correspondence. It is not permitted to publish any written correspondence of the Nissatech Innovation Centre user team with the User without the written permission of Nissatech Innovation Centre or its authorized person.
Nissatech Innovation Centre do not control what people and other say or do, and we are not responsible fo their (or your) actions of conduct (whether online or offline) or content (including unlawful of objectionable content).
USE OF THE SMART4FIT SERVICES IS AT YOUR OWN RISK. THE USER IS RESPONSIBLE TO TAKE ALL NECESSARY PRECAUTIONS IN RESPECT OF HIS HEALTH CONDITION AND PHYSICAL ABILITY TO MONITOR THE EXERCISE AND TRAINING PROGRAMS OFFERED ON THE WEB AND MOBILE PLATFORMS. USERS MUST CONSULT A DOCTOR BEFORE THEY START USING THE EXERCISE PROGRAM AND NUTRITION PLAN. IF YOU HAVE KNOWLEDGE OF ANY PRE-EXISTING MEDICAL CONDITIONS WE ADVISE YOU TO SEEK MEDICAL ADVICE FROM A DOCTOR URGENTLY BEFORE YOU START THE SMART4FIT SERVICES (SUCH AS EXERCISES, WORKOUTS, PROGRAMS OR COACHINGS).
The services and information offered by Smart4Fit and Smart4Fit Services do not constitute medical advice or a doctor’s advice. Nor are they a substitute for a medical examination or treatment by a doctor. Users, therefore, accepting these Terms and Conditions, declare that they have no medical contraindications in connection with engaging in any physical activity, and in particular in relation to:
(a) Family history: – myocardial infarction (heart attack) – cardiovascular stroke (stroke) – sudden death (60 years ago for women, 50 years ago for men). (b) their health and physical condition: – if they smoke (or quit less than two years ago) – if they are ex-smokers (if they quit more than two years ago) – if they have high blood pressure – if they have high cholesterol – if they have diabetes – if they are taking any medication for the heart and arteries – if they feel, when they make any physical effort either in everyday life or when they do sports: – Chest pain – palpitations – feeling uncomfortable or dizzy – any shortness of breath during daily physical activity. (c) Physical pathologies: – problems with any joints, tendons or ligaments, shoulders, neck, wrists, elbows, hips, knees or ligaments – any foot problems – any back problems, such as sciatica, discus or others – any other pathology that could be considered a contraindication to engaging in the sports activity.
Nissatech Innovation Centre shall not be liable for any direct or indirect damage to health or injury resulting from the use of training plans and/or nutrition plans available on the Platform / Application or when the violation occurred due to non-compliance with the Terms of Use of this Platform / Application.
Parents or legal guardians of minors acknowledge that they understand that a particular Training available on the Platform / Application proves to be inappropriate for their age. Therefore, parents or guardians are obliged to supervise the minor when using the services available on this Platform / Application.
Parents or guardians are informed that they may at any time indicate their refusal to process the personal data of minors, by sending an e-mail to the following address info@nissatech.com.
Nissatech Innovation Centre has the exclusive copyright and intellectual property rights on the Platform, including all individual elements: textual, audio and video content, visual identity, program code, databases and other elements of the Platform where the author is Nissatech Innovation Centre. Any unauthorized use of the Platform, the Application or any of its elements without the written consent of Nissatech Innovation Centre as the holder of the exclusive copyright, is considered a copyright infringement of Nissatech Innovation Centre.
Nissatech Innovation Centre is the sole proprietor of the Smart4Fit trademark.
The Platform may also contain elements on which exclusive copyrights, trademarks and other intellectual property rights have other persons, who have sole responsibility for the content on which they are holders of these rights, regardless of the fact that the content is on the Platform. Nissatech Innovation Centre has sole responsibility for the copyrighted content. The User is independently responsible for the content that is his author’s work, ie for the content that is posted on the Platform. The user of the services, Trainer, reserves the copyright to the individual text and photos of their ads. By accepting these Terms and Conditions, the Service User gives his irrevocable consent that Nissatech Innovation Centre may use his / her content posted on the Platform, for marketing and advertising purposes, as well as each of the photos he/she submits when placing the ad, Nissatech Innovation Centre can process, the dimensions of photos and videos, and for their aesthetic fit into the look of the pages at www.smart4.fit.
If you have any questions about these Terms of use or would like to submit inquiries, please contact us at the e-mail address info@nissatech.com.
