Terms of service

Please contact our friendly customer support for any questions or comments:

Information telephone: 00371 66163622, Monday - Friday 10:00 a.m. to 5:00 p.m.
E-mail: [email protected]
Company information: MonacoFit SIA, registration number: 40203101904, legal address: Maskavas Street 10, LV-1050, Riga, Latvia

Terms of service

Terms of use

These terms of use apply to the service providers MonacoFit SIA, registration number: 40203101904, legal address: Maskavas Street 10, LV-1050, Riga, Latvia and its authorized companies ("Service Provider") the website, portal and application monacofit.com (hereinafter together referred to as the “Site”) offered services (hereinafter referred to as the “Service”).
The Terms of Use of the Service (hereinafter referred to as the “Terms”) are binding on all persons using the Service and the Site, regardless of whether the respective person is a user registered on the Site or not (hereinafter referred to as the “User”).
Simultaneously with the use of the Service, including visiting the Site, other terms and conditions on the Site also come into force. If the User uses the Service and uses the Site or performs any actions in it, then it is considered that the respective User has read the Terms in force at the time of use and agrees to comply with them.
A user who does not agree with any of the conditions of the Terms is not entitled to use the Site and the Service.
The Terms and Conditions apply to all matters to which the applicable legislation of the Republic of Latvia on the use of services cannot be applied, and they form a complete agreement between the Service Provider and the User. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in full force and effect.
The Service Provider reserves the right to unilaterally, at any time amend and / or change the Terms. The Regulations enter into force after their publication on the Portal. The user is obliged to follow and get acquainted with the Terms, as well as to comply with them.
These Terms shall be deemed to be a service agreement concluded between the Service Provider and the User, which is concluded for an indefinite period of time. The User has the right to unilaterally terminate the use of the Service by terminating its payment. The Service Provider has the right to unilaterally terminate the provision of this Service to the User without prior notice to the User and indicating the reason for termination of obligations, in accordance with the violation in accordance with these Terms.

Service

The Service involves participation in a programme that includes information related to a healthy lifestyle, diet and physical activity. The information published on the Site is informative, and it cannot replace professional medical help, diagnosis or treatment. If the User has concerns about the information received on the Site or has questions about his or her health, the User must consult a doctor or other healthcare professional. The User uses the Site and the information provided therein at his or her own risk and responsibility.
By using the Service and the Site, the User confirms that he is in good physical condition to perform intense physical activity and follow a general nutrition plan. The service may not be suitable or recommended for all groups of people with disabilities, including, but not limited to, people with a specific medical condition or special dietary needs.
The service is not recommended for pregnant women. The service may be used by persons over 18 years of age.
The Service, including, but not limited to, workout and nutrition plans, may be adapted to the answers that the User has provided in the test offered on the Site. Therefore, the Service provider encourages Users to be as honest and truthful as possible in answering all of the questions.
Before the User starts using the Service, the User confirms that his or her participation in the Service has been specifically confirmed and allowed by a doctor or all of the following statements are true:

no doctor has ever informed the User that the User has a heart condition or that the User should only perform such physical activities that are recommended by a doctor;
the User has never felt pain in the chest when engaging in physical activities;
the User has not felt pain in the chest during the last month without physical activity;
the User has never lost balance due to dizziness and has never lost consciousness;
the User has no bone or joint problems that could intensify by changing physical activities;
a doctor does not currently prescribe medication to the User to treat hypertension or cardiac dysfunction;
the User does not have a history of high blood pressure, and none of the User’s immediate family members have experienced constant problems with hypertension or cardiac dysfunction;
the User is not pregnant, breast-feeding or in the lactation period;
the User does not have high cholesterol, diabetes and risk of obesity;
the User does not have any type of arthritis;
the User has no knowledge of any reasons why the User could not engage in physical activities and follow nutrition plans.

The User must immediately stop using the Service if, at any moment while using the Service, the User feels unwell, and must seek medical help if necessary.
Although the Service provider gives guidelines, such as written descriptions, pictures or video clips with descriptions how to perform specific exercises or activities, the User assumes full responsibility for performing these exercises and activities correctly.
The Service may include, but is not limited to, applications, email services, messages and message boards, chat areas, newsgroups, and downloadable mobile applications related to the services available on the Site.
The Site may contain links to third party websites or services for the content of which the Service Provider is not responsible. The Service Provider shall not be liable for any damages caused to the User on third party websites.

Technical processes of Service purchases

In order to receive Service offered on the Site, the User must register according to the registration procedure available on the Site.
In the registration form, the User must list true, correct, complete and current information.
In order to register with the Site and receive Service, the User must carry out these or other (in accordance with instructions of the Site) actions:

The User must complete the tests available through the Site;
after completing the test, the User must indicate their personal e-mail address, to which the Service Provider will send information about the Service;
if the User chooses to become a user of the PRO Service account with a monthly automatic payment, the User must choose the most suitable payment system with which to pay for the Service;
the User must take all necessary steps in order to pay for the Service;
the User must complete the registration form.

After successful registration, payment and completion of the test, the User will receive a notification in the specified e-mail about successful registration for participation in the program and access to the Service.

Quality of Service

The Service is provided on an "AS IS" and "AS AVAILABLE" basis, which means that Service Provider does not guarantee that:

the results of using the Service will meet Users requirements;
Service is free of viruses, technical errors, technical disruptions, security holes;
Service is available anytime and anywhere.

The service is provided for informational purposes only and should not be construed as medical advice, recommendation or instruction.
The nutrition and activity plans developed by the Service Provider, although developed individually, do not constitute medical advice, diagnosis or treatment.
Service Provider, on its sole discretion, reserves the right to refuse, cancel or to terminate the Services received by the User if there is a suspicion that the User has specified false data in the registration form or if there is a suspicion that the User has purchased Service fraudulently.
Information about the Service on the Site is constantly updated, changed and improved. Consequently, the prices, descriptions and other information of the services available on the Portal may be indicated incorrectly or incompletely.

Payment for Service

In order to receive the Service available on Site, the User agrees to provide the information necessary to make a payment for the Service, including, but not limited to, credit card number, credit card expiration date, billing address, cardholder’s name and surname.
In paying for the Service, the User confirms and guarantees that:

they have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase;
supplied information is true, correct and complete.

By submitting information set out in paragraph 5 of these Terms, the User grants Service Provider the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
If the User chooses to pay for the Service with PayPal or a payment card, after making a one-time payment, the User will be able to apply for the Subscription Service. When the user selects and purchases the Subscription Service, payments will be made automatically, once a month.
If users choose to pay for the Service with Internet banking, the Service will be suspended after the first month with the possibility to renew participation in the program.

User’s Account

In order to use the Service, the User must become a registered user by filling in the registration form on the Site. The user is responsible for maintaining this account and not passing access to this account to others.
The user is aware of the processing of personal data in their profile, which is explained in more detail in the Privacy policy. After creating an account on the Site, the User is responsible for using this account.
Each User account on the Site is created individually for each User and is meant for individual use only; the User is not authorized to transfer the account to another person or third party.
The Service Provider is entitled to suspend the User’s account, without a refund if:

during registration the User has indicated false or incorrect data;
the User has transferred use of their personal account to another person;
there is suspicion of fraudulent, unauthorized or unlawful activity;
the User has otherwise violated Site terms.

The Service Provider does not take any responsibility for the suspension or termination of the User's account.
The Service Provider also offers a PRO Service account, which offers additional options such as direct communication with a nutritionist and trainer, additional training plans and other options. If the User chooses to become a User of this PRO Service account, the User must indicate and provide information on the desired method of payment (for example, by credit card, PayPal payment method or any other type of payment offered by the Service Provider).
After activating the User's PRO Service account status, the User agrees that, depending on the payment method selected by the User, the PRO Service subscription fee will be automatically charged. The User agrees that this fee will be automatically deducted from the User's account once a month, as long as the User withdraws from the program. The User agrees to pay all subscription fees and other charges related to the User's PRO Service Account.
The User has the right to close or delete their personal account by following appropriate instructions on the Site or by sending a request to the Service Provider’s e-mail, [email protected], regarding the desire to close their account
After the termination of the User’s account, the Service Provider may discard all the User’s information related to the Service, including, but not limited to: weight loss analysis, all provided consultations, weight loss plans and food menus

About the Service’s purchase refund

The User has the right to receive a full refund within 14 days of any purchase made on the Site, if not stated otherwise on the Site or in the Service description. In order to receive a refund, the User must contact the Service Provider by writing to the e-mail: [email protected], including documents confirming the purchase and requesting to return the paid money (example of the form for the use of refusal rights).
If the Site registered User for some reason is not satisfied with the results achieved, the Service Provider guarantees the refund of money paid on the same working day after receipt of the request.
If the Service Provider recognizes the User's complaint as unfounded and the User does not agree with the recognition of the complaint as unfounded, the User has the right to use the alternative dispute resolution options specified in regulatory enactments by submitting a written application to the Service Provider for out-of-court dispute resolution.

Name, surname, contact information;
the submission date of the application;
the nature of the dispute, the claims and the grounds on which they are based.

Information about the dispute resolution process: www.ptac.gov.lv/lv/content/stridu-risinasanas-process
Information on the out-of-court consumer dispute resolution database: www.ptac.gov.lv/lv/content/arpustiesas-pateretaju-stridu-risinataju-datubaze
Online Dispute Resolution (ODR) Information: If there is a problem with a product purchased online, the customer can use the ODR platform to submit a complaint to an independent dispute resolution body. Link to the SIT platform: ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
The User may at any time freely and free of charge cancel the Service in his / her profile (in the sections "Profile").

Contests, Sweepstakes and Promotions

If the User has given consent during the registration of the Service, the Service Provider may process the User's e-mail address to inform the User about various news related to the Site and the Service, including advertising campaigns and other similar services. Further information on the processing of User personal data for this purpose is available in the Privacy policy
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms. Before participating in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
The User may at any time withdraw from receiving Promotions by following the appropriate instructions, or by writing to the Service Provider’s e-mail: [email protected].

Intellectual Property

The Service Provider owns exclusive rights over all information available on the Site, therefore any third party content, design processing, further distribution of data and / or other use of the information and further distribution without permission of the Service Provider or written consent is copyright and other right infringement, which is punishable under the laws of the Republic of Latvia.
In cases of infringement of intellectual property rights, the Service Provider is entitled to prosecute the guilty person, who is fully responsible for all damages that are or could be caused to the Service Provider and third parties (including lost profits).

Service Provider’s liability

The Service Provider does not hold any kind of responsibility for losses accrued to the User, if the User has not complied with the Terms of the Site and / or the User has not complied with Service Provider’s nutrition specialist advice.
The Service Provider does not hold any kind of liability for damage caused to the User or third parties, from following menus indicated by the Service or other materials provided on the Site.
The Service Provider shall not bear any liability for the actions of the User and damages caused to third parties.

Data protection

All the User`s personal data submitted to the Service Provider are processed in accordance with Service Provider's Privacy policy

Settlement of disputes

All disputes between the Service Provider and the User are settled through negotiations. If both parties fail to reach an agreement, disputes should be submitted and dealt with in the court of the Republic of Latvia, in accordance with the Terms and Latvian law.

Privacy Policy

This Privacy Policy explains how MonacoFit SIA, registration number: 40203101904, legal address: Maskavas Street 10, LV-1050, Riga, Latvia (hereinafter – “MonacoFit”, “we”, “us”) processes personal data when providing weight loss and diet services (hereinafter – “Service”) and managing website, portal or application monacofit.com (hereinafter – “Site”).

Personal data controller is MonacoFit SIA, registration number: 40203101904, legal address: Maskavas Street 10, LV-1050, Riga, Latvia. Email: [email protected], phone: 00371 66163622.

What personal data are we processing?

We process your personal data for multiple purposes, when you register for the Service, carry out activities in your profile or visit our Site. In certain cases, the processing of your data is necessary to provide the Service. But in other cases, if processing is not strictly necessary, we will indicate that, for example, by giving you the possibility to choose, if you want to submit your data to us.
The information that you enter, when you do the informative weight loss test on our Site, is not stored or otherwise recorded in our information systems.

To register new Service users, identify the existing users, grant you access to your already existing user profile and administer your profile, we process your name, surname, email address, phone number, gender, age, payment information as well as other data, which you have indicated during the registration process.

Personal data category	Legal basis for processing	Retention period
Email address, phone number, name, surname, age, gender, type, date and amount of payment for Service, type of Service requested.	Processing is necessary for the performance of a contract concluded with you and provide you the Service	Data is retained for as long as you are a registered user of the Service and have paid for the Service. When you delete your profile, we may retain the data, which we are required to keep to fulfil our legal obligations (for example, for tax purposes).

To provide you a personalised Service, prepare a died and physical activity plan as well as other tips and suggestions in relation to the use of the Service, we process the data you have disclosed regarding your eating habits, health status, information on pregnancy or breastfeeding, your fitness level as well as other health related data.

This information is a special category of personal data, thus we process it with due care and based on your explicit consent. Your health data will only be processed after you have made the payment for the Service.

Due to the specifics of the Service, we will not be able to provide you the Service, if you have not granted the explicit consent for the processing of your health data. If you choose not to consent, we will make a refund of your payment for the Service.

Personal data category	Legal basis for processing	Retention period
Information on your health, smoking habits, pregnancy, breastfeeding, physical activities, diet choices, weight and height.	Processing is based on your explicit consent to receive the Service.	Data retained for as long as there is a valid consent. When the consent is windrowed, the provision of Service is stopped. If you delete your profile, this data is deleted, if their retention is not required under the applicable laws.

To comply with applicable laws, for example, in relation to processing of payments and our accounting obligations, we process information that relates to your payments.

Personal data category	Legal basis for processing	Retention period
Information on your payments, your place of residence	Processing necessary for compliance with a legal obligation	Data retained for as long as required under applicable law

To inform you about news and promotions in relation to the Service and send you personalised advertising or other marketing communication, we process your name, email address and/or phone number. You will only receive such information, if you have consented to it when registering for the Service.

You have the right to withdraw your consent to receive such communication, by clicking on the link in the email footer or by writing to our customer support team’s email [email protected]. In case you withdraw your consent by contacting us using the email address, we will register this information in your profile within 2-3 business days.

Personal data category	Legal basis for processing	Retention period
Name, surname, email address and/or phone number.	Processing is based on your consent	Data is retained for as long as there is a valid consent. When consent is withdrawn, we will cease the processing of your data for this purpose.

For the purposes of developing a marketing strategy, client segmentation and analysis of our Service, we may process the data you have indicated when registering for the Service, for example, your gender, the chosen Service as well as certain information obtained from cookies.

Personal data category	Legal basis for processing	Retention period
Gender, information from cookies, for example, IP address, device used, type of browser, time and date of opening, unsubscribing and blocking of our emails, clicks, interaction with the Site.	Processing necessary for the purposes of our legitimate interests to improve and develop our business.	Please see our cookie policy, to see more information on our cookies. If you delete your profile, we may retain some of the information in an anonymised and aggregated form.

To provide customer service and resolve any issues that may arise in relation to our Service, we process your name, surname, contact information, your profile data and any other information that you may provide during your communication with our consultants or customer service specialists.

Personal data category	Legal basis for processing	Retention period
Name, surname, e-mail address and/or phone number, profile information, any other information, which may be provided to us during consultation or for purposes stated herein.	Processing necessary for the purposes of our legitimate interests to ensure the quality of our Services, solving any problems in relation to it and protection of our legal interests and rights in case of any disputes.	Data is retained until the purpose of its processing is achieved or deleted when you delete your profile, if retention is not required to protect our legal rights in case of any disputes.

To ensure the protection and security of our database, internal systems, the Site and other infrastructure and oversee the use of our Service, we may process various technical information, which we acquire from cookies, log files and other similar technological solutions.

Personal data category	Legal basis for processing	Retention period
Your IP address, information on your device, type and version of browser, time zone, various metadata, information on access to the Site and profile, information on interaction with the Site, entry and correction of data and any other information for the purpose set herein.	Processing necessary for the purposes of our legitimate interests to ensure the security of our IT system and reliable, continuous, secure business.	Data retained for 12 months.

To estimate, predict and offer you the most appropriate, effective diet and nutrition plan, as well as to help you achieve the goal you have set, we may collect and analyse (profile) certain types of user information. When profiling, we use only accurate, minimal data, such as the correlation of user’s weight change due to a particular nutrition plan. We perform such profiling based on our legitimate interests to provide the most appropriate and efficient Service to the user. We do not make automated decisions based on profiling that may have legal consequences for you or adversely affect you as a data subject. This allows us to offer our users a nutrition and diet plan that has been successful for other users with similar parameters.

Retention period and data deletion

We will process your personal data for as long as any of the above mentioned data processing purposes or legal basis is valid. We evaluate the retention period by taking into account our legal obligations and retention periods set therein, as well as our legitimate interests or your instructions, for example, in case you withdraw your consent.
When any of the above mentioned data processing purposes or legal basis no longer exist, we delete or anonymise the data.

Sharing of your personal data

In certain cases, we cooperate with various third party service providers and data processors, who provide support for our Service. Thus your personal data may be shared with such service providers, who provide hosting and server co-location services, e-mail and content delivery services and tools, invoicing and payment processing services, marketing, accounting, legal IT and other services, which we may reasonably require.
Such service providers may only receive the personal data required to provide the respective service, for example, the information on your payments will only be shared with payment processing service providers and only to the extent necessary to secure your payment, refund your payment, or review your complaints.
Such third party service providers can only process this data in accordance with our instructions and are forbidden to use it for other purposes. Such service providers are required to ensure personal data protection in accordance with the applicable legal norms and binding agreements concluded with us. If any of such service providers is located outside the EU/ EEA, we ensure that the personal data transfer is carried out in accordance with the legal requirements and solutions provided in the General Data Protection Regulation.
We choose and select such service providers with due care and require them to ensure the integrity and confidentiality of your personal data.
Your personal data may be accessed only by authorized MonacoFit employees who have agreed to confidentiality obligations and who need this information in order to perform their duties.
In certain situations, we may be legally required to share your information with law enforcement bodies and government authorities. We may also share your information with such authorities in order to bring, enforce or defend your legal claims.
MonacoFit as the personal data controller is responsible for the processing of your personal data.

Your rights

You have the right to request access to your personal data and receive all information we process on you within one month.
If you wish to correct your data, you can do it by contacting us or correcting it yourself by logging in your profile.
If we process your personal data on the basis of our legitimate interests, you have the right to object to such processing. If we receive such objection, we will no longer process your personal data, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
You have the right to withdraw your consent for the processing of your data, which is based on consent. Revoking of consent will not affect the lawfulness of processing based on consent before its withdrawal.
You have the right to delete your data by logging in your profile or contacting us. Please note that we will not be able to delete the data, which we are obliged to retain in accordance with applicable laws. If you request deleting your data or object to processing of data required to provide you our Service, we will not be able to provide you our Service or it will be hindered.
If you wish to exercise any of the above-mentioned rights, please write to us using the contact information provided herein. Before providing any information to you, we may be required to verify your identity.
If you believe that we have not fulfilled our personal data processing obligations or otherwise violated your data protection rights, you have the right to submit a complaint to the supervisory authority – Data State Inspectorate (Blaumaņa iela 11/13, Riga, LV-1011, www.dvi.gov.lv).

Contact information

If you have any questions concerning this Privacy Policy or you wish to exercise your data subject rights, please contact us by writing to [email protected] or calling 00371 66163622 (office hours: Monday – Friday 10:00-17:00).

MonacoFit SIA
Registration number: 40203101904
Legal address: Maskavas iela 10, Riga, LV-1050, Latvia.

Miscellaneous

We reserve the right to change and amend this Privacy Policy from time to time. The amendments take effect as soon as they are uploaded to the Site. In the event of a material change, we will notify you, for example, by posting a notice on your profile, on the Site or by sending you an email.

This Privacy Policy is effective as of 10.09.2020.

Cookie Policy

This website, portal and application monacofit.com (hereinafter – “Site”) uses cookies. If you have agreed, in addition to cookies that ensure the functioning of the Site, other cookies, web beacons, pixels or similar storage technology may be placed on your browser or device from which you access our Site. This policy explains what cookies this Site uses and for which purposes.

If you want to change the cookie settings and enable or disable each type of cookie individually (except for mandatory cookies), click the "Cookie Settings" button below.

Cookie Settings

Personal data controller is MonacoFit SIA, registration number: 40203101904, legal address: Maskavas Street 10, LV-1050, Riga, Latvia. Email: [email protected], phone: 00371 66163622.

What are cookies and for what purposes we use them?

Cookies are small text files, which are stored on your device when you visit our Site. The browser you use, uses the cookies to forward the information back to the Site at each subsequent visit, for the Site to recognize the user and to remember the user's choices (for example, choice of language, login information and other settings). This can make your next visit easier and site more useful to you.
We use different types of cookies. When you access the Site, we will place strictly necessary cookies on your browser or device. Other types of cookies will be stored only if you have accepted the use of such cookies. Here are more details on cookies, which may be stored on your device or browser when you access our Site.

Strictly necessary cookies

Strictly necessary cookies help to make the Site easy to use by providing basic functions such as page navigation, language selection, authorization and filling in forms. The Site may not function without these cookies and they cannot be disabled. These cookies do not reveal the user's identity or collect user information. They are stored on the user's device until the browser is closed.

Analytical cookies

Analytical cookies let us count Site visits and traffic sources so we can measure and improve the performance of our Site. They help us to know which pages are the most and least popular and see how visitors move around the Site. All information these cookies collect is in aggregated form. For analytical and statistical purposes, we may use third party, for example, Google Analytics cookies, which may be stored on the device or browser permanently.

Marketing cookies

These cookies provide advertising and marketing communication, which are related to the interests of Site users. They can be used by third parties and service providers to create an interest profile and display relevant ads on other webpages. These cookies do not store personally identifiable information, but are based on the unique identifier of the browser and the device. These cookies remember information about your visit to the Site and may be used to display personalized ads on social networks and other sites. Disabling these cookies will give you less personalized advertising. For advertising purposes, we may use third-party cookies, such as Facebook or Google cookies, which may be stored on your device or browser permanently.

How to control cookies

When visiting our Site, you are shown an informative statement that the Site uses cookies and asked for your consent to enable analytical and marketing cookies. If you wish to withdraw your consent or change cookie settings, you can do so by clicking the cookie settings button above.
You can withdraw your consent for analytical and/or marketing cookies as well as delete all cookies stored in your browser by deleting your browser cookie history. You can also set up your browser to block cookies being saved. By clicking on “help” button in your browser, you can find instructions on how to prevent the browser from storing cookies, as well as what cookies are stored already and delete them, if you want to. Changes to the settings must be made for each browser that you use.
You can also separately opt-out from having your website activity available to Google Analytics by installing the Google Analytics opt-out browser add-on, which prevents sharing information about your website visit with Google Analytics. Link to the add-on and for more information: https://support.google.com/analytics/answer/18188.

Contact information

If you have any questions concerning this Cookie Policy or you wish to exercise your data subject rights, please contact us by writing to [email protected] or calling 00371 66163622 (working hours: Monday - Friday 09:00 - 17:00)

MonacoFit SIA, registration number: 40203101904, legal address: Maskavas Street 10, LV-1050, Riga, Latvia

Cookie Policy changes

We reserve the right to change and amend this Cookie Policy from time to time. The amendments take effect as soon as they are uploaded to the Site. In the event of a dispute as to the terms of this Cookie Policy in different languages, the English version shall prevail.

This Cookie Policy is effective as of 10.09.2020