1. Introduction

We are RUBREC YAZILIM SANAYİ VE TİCARET LİMİTED ŞİRKETİ, the developers of the FitAction training method. We have designed exercises based on the principles of being able to work only with your body weight or with the equipment you choose, connected with different workout sessions of FitAction, within the specified time frame or as quickly as possible. Additionally, we provide the feature of a personalized artificial intelligence coach. We consider FitAction as an individual way of exercising. We are delighted to see you as a member of the FitAction Community.

The FitAction Terms of Use and FitAction Commercial Agreement below provide a legal framework for using the services, products, content, and functions offered by Rubrec LTD. This includes measures taken for products such as FitAction Max subscriptions, which do not store their digital content on physical data carriers. Detailed information on this will be provided in the Terms of Use and Commercial Agreement below.

Therefore, we kindly request you to carefully read the general terms of use.

2. Scope

2.1 Parties and Subject Matter of the Agreement

This provision governs the use of the Fiatction application. These terms and conditions apply regardless of whether the application is used for free or for a fee.

The main subject of this agreement is paid and free services, products, content, and functions (hereinafter collectively referred to as "FitAction Service" or individually as "FitAction Services" or generally as "FitAction"). These may include accounts located on the FitAction website or software applications under the FitAction name, or our products, or applications for mobile devices or other hardware, or user interfaces controlled by FitAction, or on social media platforms controlled by FitAction.

2.2 Conditions for Becoming a Party to the Agreement

To create a user account and benefit from FitAction services, one must be at least 18 years old and have full legal capacity. FitAction is intended solely for consumers. By legal definition, a consumer is a natural or legal person acting for purposes outside their trade, business, or profession. The use of FitAction for any commercial purposes is strictly prohibited, regardless of its nature. FitAction reserves all rights against individuals who violate this prohibition.

If you do not agree to the terms of use, you should not use FitAction Services.

2.3 Additional Terms

We reserve the right to impose additional terms and rules for individual FitAction services, in addition to those stated above. We also inform you that the general and additional terms determined by FitAction may be changed at any time, and these terms will be effective as of the date of their modification. We declare that we will notify you of such changes and new terms.

3. Services and Fees

3.1 Free or Paid Services

The scope of services included in FitAction may vary depending on the type of FitAction service you use and whether it is offered as a paid or free service. If you are using it for free, you will only have access to the basic functions and information provided by FitAction. Additionally, free usage is limited to one week. More extensive functions for the relevant FitAction Service (such as workout routines, nutrition programs and recipes, workout coaches, and AI-based program creation) may be unlocked if you purchase a monthly, 3-month, 6-month, or annual subscription for the respective module.

To fully utilize FitAction Services, you may need certain equipment and workout tools (such as gym equipment, dumbbells, or pull-up bars). These are not part of FitAction Services and should be obtained or purchased by you. Additionally, FitAction is not responsible in any way for any accidents or damages that may occur due to the use of these products by you.

3.2 Fees

Please visit the relevant FitAction application or website at www.fitaction.app for current prices and subscription fees and models applicable to the product. All prices stated include applicable taxes. FitAction reserves the right to change these prices at any time.

4. Health Condition

4.1 Terms Regarding Health Condition

All risks arising from your use of FitAction are your responsibility. It is mandatory to have good health for any use of FitAction. We recommend consulting a specialist before starting workouts and/or related nutrition programs. If you have experienced any of the health problems listed below, or have had any complaints related to them, we especially advise seeking the opinion of a specialist doctor:

• Cardiovascular diseases,
• Lung and respiratory diseases (including asthma),
• Spine and/or joint problems,
• Neuromuscular diseases,
• Surgical interventions,
• Other health problems.

Additionally, we would like to remind our female athletes, pregnant women, or breastfeeding mothers not to perform workouts provided by FitAction. Apart from these, we always recommend listening to your body. If you have any doubts about your health condition before using FitAction for the first time or during use (such as severe pain, feeling unwell, shortness of breath, nausea, dizziness, etc.), immediately consult your doctor before completing or starting the workout or nutrition program.

4.2 Disclaimer Regarding Content Not Replacing Doctor's Advice

The services and information provided by FitAction do not replace expert medical advice or medical recommendations, nor do they imply medical diagnosis or treatment. Similarly, the nutrition programs and recipes provided do not replace a diet program and may vary from person to person. Considering these variations, we recommend consulting your doctor or dietitian before implementing the relevant nutrition program or recipe. Additionally, the purpose of these nutrition and workout programs is to assist individuals. They do not replace expert medical advice in any way, and there is no guarantee that these programs will yield results for every individual. Therefore, we recommend using the programs in conjunction with expert medical advice.

4.3 Workouts

Bodybuilding and/or nutrition counseling, as well as health, sports, and nutrition sciences, are continually evolving with advances in science. While we base our workout and nutrition recommendations on modern scientific research and the data derived from it, we do not guarantee that our recommendations are based on the latest research findings. Additionally, these programs are advisory in nature, and there is no guarantee of improvement as a result of these programs.

5. User Account

5.1 Registration Process

To benefit from FitAction services, you need to create a user account and register first. Even if you want to use multiple FitAction accounts with different applications, generally, you need to open only one account. You can create your user account directly on www.fitaction.app or one of our mobile applications. The use of domain names or web URLs in usernames is not allowed without FitAction"s written permission. During registration, you will be asked to accept and confirm the Terms of Use and Commercial Agreement, the related Privacy Policy, the Information Note on the Protection and Processing of Personal Data, the Explicit Consent Statement for the Registration of Special Qualified Personal Data, and the Explicit Consent Statement for the Transfer of Personal Data to Third Parties Within and Outside the Country. After registration, for security reasons, we will send you an email to confirm the registration by clicking the "Confirm Account" option, but the registration process will be completed only after this confirmation. Alternatively, you can log in with your Facebook, Google, or Apple account. When you enter the information for your relevant account and click "Confirm," the login process will be completed.

6. Establishment of the Contract

6.1 Registration Process

To benefit from FitAction services, you must first create a free user account. The user conditions become effective after you have given your consent and completed the registration process.

6.2 Purchase of a Paid Additional Service or Subscription Establishment

You can purchase additional services by making a single payment or by subscribing monthly, quarterly, semi-annually, or annually. If you purchase additional services through FitAction websites, the contract becomes effective as soon as you click the "Buy Now" or similar button and successfully enter your payment information. If you purchase an additional service or subscription through the mobile application, we will not ask you any questions about payment or billing, as you will purchase our service through your mobile application provider. In this case, the contract will be established as soon as you click the "Buy Now" or similar button and successfully complete the payment.

6.3 Correction of Entry Errors

If you wish to purchase an additional service or subscription through FitAction websites, you can cancel this process at any time or correct the data you entered until you have successfully completed the payment information.

6.4 Contract Changes

When you change your subscription (e.g., upgrading), FitAction or the relevant store server (e.g., Apple) terminates your existing subscription ("original subscription") and your newly selected subscription ("updated subscription") begins immediately and remains effective for the selected duration. You will have access to all features and content provided with the updated subscription. The contract for the updated subscription will be established as described in Article 6.

• If you purchased your original subscription through FitAction, the purchase price paid for the remaining contract period of your original subscription will be partially counted towards the purchase price of the updated subscription. Only the difference between the two amounts will be calculated for the updated subscription.
• If you purchased your original subscription through Apple, Apple will partially refund the purchase price paid for the remaining contract period of your original subscription. You will receive the updated subscription for the price shown, and the entire amount will be calculated by Apple.
• If you subscribed through the Google Play Store: When you choose to upgrade your Coach subscription, your initial subscription will immediately terminate. Google Play Store will transfer any remaining unused funds from your original subscription to your updated subscription. After this credit is used, your Google Play Store subscription will automatically renew based on the price and payment schedule you selected. Then, the subscription will be automatically renewed for the minimum contract period selected until termination is initiated by you or us. The full price of the updated subscription will be calculated upon automatic renewal of the subscription.

7. Scope and Duration

7.1 Usage Agreement

The contract established between us upon opening a user account is generally indefinite. However, you may need to purchase certain FitAction products and services to use some FitAction services. Nevertheless, we will inform you of the associated Terms of Use before the contract becomes effective. By creating a member account to perform Section 5, you become a user under the General Terms of Use and Commercial Agreement. As a FitAction user, you are responsible for all activities in your user account.

7.2 Additional Services and Subscriptions

Purchased services or additional services may be provided for a specific period, in which case the service automatically expires upon the expiration of the service period without requiring any termination. However, the contract established for opening a user account remains in effect until you close your account. Our subscriptions have different minimum validity periods and automatically extend for the selected minimum validity period until termination is initiated by you or us. Please pay attention to avoid misunderstandings that the calendar period is used for calculating the subscription period, regardless of your usage of the FitAction service.

7.3 Scope and Duration of Subscription

Our subscriptions have different validity periods and will be automatically renewed for the same selected minimum period unless canceled. You may have different subscriptions with different periods and conditions. Please note that you need to cancel these subscriptions separately. We would like to emphasize that the right of withdrawal within 14 days is only valid for new subscriptions and not applicable for automatic subscription renewals. To avoid misunderstandings, we want to clarify that the subscription period is determined based on the calendar, independent of your usage or scope of using FitAction.

8. Payment Terms

8.1 Collection of Payments

The fee for additional services acquired through a one-time payment is collected upon the establishment of the contract. When a subscription is purchased, the subscription fee is collected upfront on the date the contract is established for the minimum duration of the subscription. An exception occurs when the fee is collected through iTunes, as in this case, the fee is collected 24 hours before the start of the respective payment period.

8.2 Default

We reserve the right to claim other rights arising from default.

8.3 Set-off and Retention Rights

The right of set-off applies only if your counterclaim is undisputed or established by law. You have the right to claim a retention right only if your counterclaim is based on the same contractual relationship.

9. Payment Methods

If you acquire our paid services through a mobile application, payment will be made through the respective mobile application provider (such as App Store, Google Play, etc.). Please inquire with your mobile application provider about the available payment methods. We reserve the right to conduct a credit check for certain payment methods. FitAction reserves the right to demand reimbursement from the user for any expenses incurred due to the failure of payment caused by the user (such as insufficient funds in the bank account or reaching the credit card limit).

If additional charges are required during payment, we will inform you during the payment process. Some payment providers may offer installment options for a certain fee. The additional fee for this transaction belongs directly to the service provider and is paid directly to the provider. The terms and conditions of the service provider apply. You cannot obtain a refund of these additional charges from us when you cancel your subscription.

We reserve the right to choose another payment method instead of the specified payment method if there is a valid reason for this.

If your chosen payment method is frozen (e.g., due to theft) or if there are other security breaches (e.g., unauthorized disclosure of username and password), please inform us or your payment processor immediately. We declare that FitAction is not liable for any failure to notify within a reasonable time.

10. Right of Withdrawal

10.1 Cancellation Policy

If you have signed a contract related to the use of FitAction or purchased an additional service or subscription for a one-time fee, you have the right to cancel in any case.

You have the right to terminate without stating any reason. However, we would like to mention that if FitAction services have been used during this period, FitAction reserves the right to deduct usage-related fees from the refund amount. This right expires 30 days after the conclusion of the contract. If access to the subscription is only available at a later date (for example, because activation is required), the withdrawal period will only commence from the day you had the opportunity to activate the subscription.

Please note that the right of withdrawal within 30 days is only valid for new subscriptions and not applicable to automatic subscription renewals.

Please consider that certain products are sold only as packages. As these product packages consist of indivisible services, they cannot be partially cancelled. However, you can of course terminate the contract for the entire product package. The right of withdrawal for product packages begins when you have acquired the final product. When appropriate, we may offer you voluntarily longer usage terms for some product packages. We will inform you about this during the purchasing process.

To exercise the right of withdrawal, you must inform us by email : [email protected]

10.2 Consequences of Withdrawal

If you cancel the contract, we are obliged to refund all payments, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and within 14 days from the date we receive your cancellation notice. We will use the same means of payment for the refund as you used for the original transaction unless expressly agreed otherwise. You will not be charged any fees for the refund. If you have paid additional charges for using a specific online payment method (e.g., installment payments), these charges will be refunded directly to the payment provider and must be reimbursed as indicated. We cannot cover the return of these additional charges.

If you wish to use the services during the cancellation period, we may request a reasonable fee calculated by proportioning the services used until the date you notified us of the exercise of the right of withdrawal compared to the total services under the contract.

11. Special Campaigns and Promotions

FitAction consistently offers various discounts, sales campaigns, and promotions (e.g., reward programs). FitAction users are informed about these campaigns and their status through newsletters sent to them. These campaigns are generally limited to specific periods and are not permanent features of the FitAction product range. Campaigns are conducted under different terms, which you can view and download when you receive information about the campaign or participate in it.

In cases where we offer a discount on the price of a one-time additional service or subscription as part of a sale or promotion, this discount is usually only valid for the minimum contract period. When the subscription is automatically renewed, the full subscription fee will be charged to you. We will provide full information about this before the contract is accepted.

12. Liability for Defects

12.1 Legal Provisions

Legal provisions regarding claims arising from defective services apply. Consumer rights are always reserved.

12.2 Warranty

We do not guarantee or promise that the use of FitAction Services will lead to achieving a workout or your specified goals. We do not provide a concrete success guarantee either. The results of workout and nutrition programs depend on various conditions beyond our control, such as physical characteristics and conditions. Therefore, different individuals using the same FitAction Services may achieve different results.

Additionally, we would like to mention that while the nutritional values ​​of certain foods such as carbohydrates, proteins, and fats are indicated within the scope of FitAction Services, the content of these products may be changed by the manufacturer. We make every effort to keep the nutritional values ​​of the relevant products up to date, but we do not guarantee that these values are always up to date.

The calorie counter within FitAction services is designed to calculate the closest results, but we do not guarantee the accuracy of these results. Furthermore, meal recipes are purely suggestive, and we do not guarantee the success of these recipes.

We also do not guarantee that all content is suitable for all users, or that a particular function will be available or supported for a certain period, or that FitAction services will be provided without any interruption or error.

Unless otherwise agreed upon in a paid user contract, FitAction will provide the agreed services. However, we reserve the right to change, expand, terminate, or remove our content and functionality entirely or partially, and/or to stop the operation of our FitAction services entirely or partially.

13. Liability

13.1 General

We have provided you with instructions and guides for using FitAction Services so far, and it is mandatory to follow these instructions. Otherwise, there is a risk of injury and health problems.

If you use equipment or workout tools, it is your responsibility to ensure that all of this equipment and tools work properly and are set up correctly.

You must be aware of and comply with our health warnings as stated in clause 4. It is reiterated that all services provided by FitAction are purely suggestive, and FitAction bears no responsibility whatsoever for any results achieved due to the application of recommended exercises, workout coach programs, recipe implementations, or food consumption. It is reminded that you should consult your doctor before implementing FitAction's recommendations, and FitAction does not undertake any commitment or liability due to the recommendations.

13.2 Responsibility of Our Employees

The complete elimination or limitation of responsibility that applies to us also applies to our employees and the individuals we assign.

13.3 Product Liability

Claims of rights arising from product liability law shall apply, provided they fall outside the exemptions from liability and limitations of liability stated above.

14. Right to Use FitAction Content

The services provided by us consist of content protected by relevant intellectual property rights, which may vary depending on which of our services you have acquired or which of our services are available to you. We grant you a simple, revocable, non-transferable right for the non-commercial use of this content in accordance with the terms of this agreement. We explicitly state that the distribution or publication of our content (except on FitAction"s own website) is strictly prohibited. This also applies to copying, selling or distributing, creating derivative works, and any activities that could disrupt or harm our FitAction services. We reserve the legal and criminal rights of FitAction in case of non-compliance with this prohibition. The right to use expires upon termination of service (e.g., upon termination of subscription) or termination of the usage relationship.

15. Termination

15.1 User Agreement

You have the right to terminate the usage agreement at any time without giving any reason by deleting your user account. You must make the necessary adjustments in your user account for this. In the event of deletion of the user account, no partial or full refund will be made for any additional service or valid subscription still ongoing. We reserve the right to terminate the usage agreement in writing with a notice period of two weeks, effective from the end of the minimum subscription period or, in the case of extension, from the end of the purchased additional service period.

15.2 Subscription

Each subscription for each FitAction service must be terminated separately. You can cancel the relevant subscription at any time without giving any reason, effective from the end of the minimum term or the current extension or billing period. Subscriptions purchased from our websites can be canceled by changing the relevant settings in your user profile on the website. Alternatively, you can cancel your subscription by sending an email to [email protected] or by mail. The cancellation process for subscriptions purchased through the mobile application must be done through the relevant settings of the application store where the application was purchased. If the subscription is purchased through iTunes, the cancellation, which will be effective from the end of the minimum subscription period or the end of the period granted for extension of the subscription, may be delayed by 24 hours due to technical reasons previously stated. Upon cancellation of your subscription, your user account will generally remain valid. We have the right to terminate subscriptions in writing with a notice period of two (2) weeks, effective from the end of the minimum subscription period or the end of the period granted for extension of the subscription.

15.3 Termination for Just Cause

The parties reserve the right to terminate for just cause. FitAction has the right to terminate with just cause if the user has seriously or repeatedly violated the provisions of the user agreement and/or general terms of use, or if the user fails to fulfill payment obligations despite warning.

16. Personal Information

We store and process your personal data in accordance with our privacy policy, which can be found at the latest version at https://www.fitaction.app/privacy The scope of storage and processing of personal information, control over whether information can be seen by other users and transmitted to other users, is specifically regulated and disclosed in the privacy policy.

16.1 Subscription

You can update your information (user profile, workout data, shares, workout points) at any time in the profile section.

16.2 Consent for Special Data

When my FitAction journey started (and unless I make any settings under Privacy Settings), I accept that FitAction will process and store my profile, calorie, nutrition, workout data, workout points, etc. without requiring any special permission from me. This is intended to help FitAction create a more suitable program for me and assist me in reaching my goal.

17. Online Dispute Resolution Platform

The EU Commission provides a platform for resolving disputes out of court. This platform allows consumers to resolve disputes related to orders they have placed electronically without resorting to court initially. You can find this reconciliation platform at the address: https://ec.europa.eu/consumers/odr/ Consumer information: Non-participation in the reconciliation process. We are not obliged to participate in reconciliation processes conducted through a consumer arbitration platform. You can find our email address in the Legal Notice section.

18. Amendment of General Terms of Use

In the event of legal, official, or technical changes requiring us to make changes to these general terms of operation, and if we believe that the relevant changes will not disadvantage you, we reserve the right to make the necessary changes and put them into effect. In such a case, we will inform you about the changes via email at least one (1) month before the new version of the General Terms of Use comes into effect. By not objecting to the changes in the terms in due time and continuing to use FitAction, you will be deemed to have accepted the changes made to the terms. We explicitly reserve our right of termination with notice in case of objection. We will also inform you separately about your right of objection, the period granted for exercising this right, and the legal consequences of objection and non-objection. If you use your own Terms and Conditions different from FitAction"s Terms and Conditions, FitAction"s General Terms and Conditions shall apply exclusively to the use of FitAction. Unless expressly accepted in writing for each case, we do not accept conflicting or different conditions.

19. Final Provisions

19.1 Applicable Law

The legal relationship arising between the parties to the contract is governed by Turkish law.

19.2 Competent Court

If the permanent residence or place of residence cannot be determined at the time the action is filed, the competent court for contract disputes is the court where our company is headquartered.

19.3 Contract Language

The language of the contract is English.

19.4 Severability Clause

If individual provisions of the general terms of use are wholly or partially invalid, this shall not affect the validity of the remaining provisions.

20. Information about the Provider

Rubrec Yazılım Sanayi ve Ticaret Limited Şirketi

HAVAALANI MAH. GÖNLÜM SK. ESENLER KONUTLARI A10 BLOK NO: 47 B İÇ KAPI NO: 65 ESENLER/ İSTANBUL

VAT Identification Number : 7352105762

Email : [email protected]