Terms and Conditions

1. Definitions and Applicability

1.1 Definitions

In these Terms and Conditions, the following terms have the meanings specified below:

  • RxApp: the mobile application and associated website developed by Dicabrio.com, which enables Users and Affiliate Owners to book sports classes, log workout scores, and add workouts. RxApp may also offer additional services relevant to fitness and sports activities.
  • User(s): any natural person who uses RxApp to book sports classes, log workout scores, or utilize other functionalities within the application.
  • Affiliate Owner(s): any legal entity or natural person who manages a fitness or sports facility and uses RxApp to offer classes to Users and monitor their performance.
  • Workouts: physical exercises and training sessions available within RxApp, which Users may perform and log either individually or in groups.
  • Scores: data entered by Users to record and track their performance and results of workouts.
  • Services: all functionalities and facilities made available through RxApp, including but not limited to class bookings, performance logging, and workout management.

1.2 Applicability

These Terms and Conditions apply to all interactions with and usage of RxApp by both Users and Affiliate Owners. By using RxApp, each User and Affiliate Owner agrees to be bound by these Terms and Conditions as well as the RxApp Privacy Policy. If a User or Affiliate Owner does not agree with these terms, they are advised not to use RxApp or register for an account.

2. Services

2.1 Description of Services

RxApp provides a digital platform that allows users access to various services designed to enhance and support their fitness and sports activities. The main services include, but are not limited to:

  • Modifying Schedule: Affiliate Owners can add and change the class schedule within the app.
  • Adding Workouts: Affiliate Owners can add workouts or select from available workouts within the app.
  • Statistics: Affiliate Owners can check available statistics for their classes and users.
  • Booking Sports Classes: Users can book sports classes through RxApp at affiliated locations and affiliate owners.
  • Logging Scores: Users can track their performance and scores for various workouts and exercises, enabling them to monitor progress and set goals.

2.2 RxApp's Role as a Platform

RxApp functions solely as a facilitative platform and is not directly responsible for the quality, safety, or effectiveness of the classes offered, the content of workouts, or the results achieved. The content and delivery of the classes are the responsibility of the affiliate owners and their staff. RxApp accepts no responsibility for any damage, injury, or discomfort arising from participation in classes or use of workouts and scores.

2.3 Limitation of Liability

RxApp does not actively monitor the content of classes or workouts provided, nor does it guarantee the accuracy of scores entered by users. All users and affiliate owners are responsible for adhering to applicable safety standards and guidelines when using the app and participating in physical activities.

3. Access and Use of the Application

3.1 Eligibility Based on Affiliate Owner Subscriptions

Access to RxApp is provided to users based on the subscription arrangements made by affiliate owners. Users gain access to RxApp's features, such as booking classes, logging scores, and adding workouts, in accordance with the subscription plan chosen by the affiliate owner of their facility. RxApp does not impose a specific age requirement for using the application; however, individual affiliate owners may establish their own policies regarding user eligibility.

3.2 User Rights and Responsibilities

Users of RxApp are granted a limited, non-transferable, and revocable license to access and use the application as per these Terms and Conditions and their affiliate owner's subscription terms. Users are responsible for:

Affiliate owners are granted a limited, non-transferable, and revocable license to use RxApp as per the chosen subscription plan to provide services to their members. Affiliate owners are responsible for:

  • Accurate User Information: Ensuring that accurate and current information is provided for each user under their account, facilitating smooth access to RxApp's features and accurate record-keeping.
  • Ensuring Responsible Use of the Application: Affiliate owners must monitor their members' use of RxApp, ensuring it is used responsibly and that no activities take place that may disrupt or misuse RxApp's functionality.

3.3 Account Creation and Required Information

To access RxApp's core features, users need to create a personal account. During registration, users must provide specific information, including:

  • A valid email address;
  • Full name;
  • Any other details required by their affiliate owner to facilitate service access.

By creating an account, users agree to the storage and use of their personal information as described in RxApp's Privacy Policy. RxApp reserves the right to restrict access for any user who does not comply with these requirements or fails to provide accurate information. Access may also be subject to the terms set by the user's affiliate owner.

4. Liability and Responsibility

4.1 Limitation of Liability of RxApp

RxApp acts solely as a digital platform that facilitates class bookings, workout logging, and access to other features provided by affiliate owners. RxApp shall not be held liable for any damages, loss, or injury arising from the use of the application or participation in classes booked through RxApp. This includes, but is not limited to, any indirect, incidental, or consequential damages, regardless of whether RxApp has been advised of the possibility of such damages.

4.2 Responsibility of Affiliate Owners

Affiliate owners are solely responsible for the quality, accuracy, and safety of the classes, facilities, and any related services they offer through RxApp. They must ensure that their staff is properly qualified and that their facilities meet all applicable safety standards and regulations. Affiliate owners are responsible for addressing and resolving any issues, disputes, or complaints that may arise from the services they provide.

4.3 No Responsibility for Injuries or Accidents

RxApp is not liable for any injuries, accidents, or other physical harm that may occur during participation in classes or activities booked through the app. Users acknowledge that participation in physical activities involves inherent risks, and they agree to assume full responsibility for any personal injury or property damage resulting from their involvement in such activities. Affiliate owners are encouraged to communicate these risks clearly to their members and obtain necessary waivers or releases if required by their own policies.

5. User Content and Ownership

Affiliate owners and users retain ownership of the content they add to RxApp, including scores, workouts, and other personal records. By adding content, users grant RxApp a non-exclusive, transferable, royalty-free license to use, store, and display this content within the app as necessary for its functionality. RxApp reserves the right to remove any content that violates these terms or applicable laws.

6. Payments and Subscriptions

RxApp offers subscription plans for affiliate owners. Subscription fees may vary based on the selected plan and are billed at the end of each month. All payments are non-refundable except as required by applicable law. Affiliate owners may cancel their subscriptions at any time; however, cancellations will only take effect at the end of the current billing cycle. RxApp reserves the right to modify its fees and billing methods upon prior notice.

7. Privacy and Data Protection

RxApp takes user privacy seriously and processes personal data in accordance with its Privacy Policy. This policy describes how RxApp collects, uses, and shares user and affiliate owner information. Users are encouraged to review this policy to understand their rights and RxApp's data handling practices.

8. Termination of User Account

Users and affiliate owners may terminate their accounts at any time by contacting RxApp support. RxApp reserves the right to suspend or terminate accounts that violate these Terms and Conditions or engage in unauthorized activities. Upon termination, users lose access to their account, including logged scores, booked classes, and other stored data.

9. Affiliate Owner-Specific Terms

  • Responsibility for Classes: Affiliate owners are responsible for the planning, organization, and safety of the classes they offer.
  • Licenses and Certifications: Affiliate owners must ensure their instructors hold the necessary certifications, and that facilities comply with applicable laws and safety standards.
  • Relationship with Users: RxApp acts solely as a facilitative platform. All contractual obligations related to payments, cancellations, and liabilities are directly between affiliate owners and users.
  • Use of the App: Affiliate owners may use the app to manage their classes and track member performance. RxApp cannot be used for any other commercial purposes without express permission.

10. Intellectual Property

All rights to RxApp's software, trademarks, and content belong to RxApp. Users and affiliate owners do not hold any license to use these outside the app. Content uploaded by users and affiliate owners, such as workouts and personal records, remains their property, but RxApp retains certain usage rights as outlined in these terms.

11. Changes to the Terms

RxApp reserves the right to update these Terms and Conditions. Users and affiliate owners will be informed of any substantial changes, either through the app or via email. Continued use of RxApp after any changes constitutes acceptance of the new terms.

12. Dispute Resolution

Any disputes between RxApp, users, or affiliate owners will be resolved through binding arbitration or through the jurisdiction of the applicable courts, as determined by the location of RxApp's headquarters. Parties are encouraged to seek an amicable solution before initiating formal dispute resolution.

13. Governing Law

These Terms and Conditions are governed by and construed in accordance with dutch law. Any legal proceedings will be conducted within this jurisdiction.

14. Contact Information

For questions or concerns regarding these Terms and Conditions, please contact RxApp support at:
Email: support@rxapp.io
Address: Dijkwacht 114, 2353EL Leiderdorp, The Netherlands