1. Who we are
1.1. The UPfit.today app is developed by SC UPFIT SRL, with its registered office at Str. Teiului nr. 11, bl. 29, et. 8, ap. 32, Timișoara, Timiș County, Romania, registered with the Trade Register under no. J2017004049359, unique registration code RO38350968. In this document we refer to ourselves as "UPfit".
1.2. You can write to us at legal@upfit.cloud.
2. What the app is
2.1. UPfit.today is the member app that your fitness club makes available to its members. The club uses the UPfit.cloud platform, and the app is customised with the club's name, details and services.
2.2. Through the app you can, depending on how your club has configured it: see your membership, book and cancel classes, enter the club with your QR code, buy memberships and services, receive notifications and read articles and watch videos.
2.3. The app is free for you. You pay only for the memberships and services you buy from the club.
3. Who is responsible for what
3.1. We are responsible for the app as software: that it works, that it is secure and that it is kept up to date.
3.2. The club is responsible for its services: memberships, prices, opening hours, classes, trainers, access to the club, invoicing, complaints and refunds.
3.3. The membership contract is concluded between you and the club. UPfit is not a party to that contract.
4. How you accept these terms
4.1. When you create your account, we ask you to tick a box confirming that you have read and accept these terms. The box is not pre-ticked. Without it, the account is not created.
4.2. We keep a record of your acceptance: the time and the version accepted.
4.3. You accept the club's terms for memberships and services separately, in the form the club requires.
5. Your account
5.1. Your account is linked to your membership of the club. To create it, we ask you for the data listed in section 4.1 of the privacy policy.
5.2. You keep your sign-in details confidential and do not give anyone else access to your account. You let us or the club know if you notice any unauthorised use.
5.3. Your QR access code is personal. You do not pass it on to anyone else.
6. Buying memberships and services
6.1. When you buy through the app, you buy from the club. The club is the seller, issues your invoice and is answerable to you for what you bought, under its terms and the law.
6.2. Card payments are processed by the payment processor contracted by the club. If you choose a recurring payment, the club sets the terms of the recurring charge and shows them to you before you pay.
6.3. Complaints about your membership, the price, refunds or services go to the club.
7. Bookings and access
7.1. The rules for booking, cancelling and access are set by the club. The app applies them as the club has configured them.
7.2. If the app is not working at a given moment, the club can provide access and bookings by other means.
8. Content in the app
8.1. The articles, videos and programmes in the app are for information only. They are not medical advice and do not replace the recommendation of a doctor or a specialist.
8.2. Before starting a training or nutrition programme, have your health checked by a specialist.
8.3. The content published by the club in the app is the club's responsibility.
9. What you must not do
9.1. You must not:
- use the app for any purpose other than your relationship with the club;
- try to access other members' accounts or parts of the platform you do not have access to;
- copy, decompile or modify the app, except as permitted by law;
- disrupt the app, for example through automated traffic or malicious code;
- pass on your QR code or sign-in details to anyone else.
9.2. If you breach section 9.1, the club or we may suspend your access to the app, informing you and the club.
10. Intellectual property
10.1. The app, its code, its design and the UPfit.cloud trademark belong to us. We grant you a personal, free, non-exclusive and non-transferable right to use the app on your devices for as long as you are a member of the club.
10.2. The club's name, logo and content belong to the club.
11. Availability of the app
11.1. We make reasonable efforts to keep the app available at all times. There may be interruptions for maintenance, updates or for reasons beyond our control.
11.2. We may change the app's features. The features available in your app also depend on the services the club has contracted.
11.3. If the club stops using the UPfit.cloud platform or you are no longer a member of the club, your access through the app ends.
12. Liability
12.1. We are liable for the damage we cause through our own acts, under the conditions of the law.
12.2. We are not liable for the club's services, for content published by the club, for the app being unavailable for reasons beyond our control, or for use of the app contrary to section 9.
12.3. The limitations in section 12.2 do not apply where the law does not allow liability to be limited, for example for damage caused intentionally or through gross negligence.
12.4. This document does not affect the rights you have under consumer protection law.
13. Your data
13.1. The app's privacy policy, at https://en.upfit.today/privacy-policy, explains which data the club processes through the app and which data we process.
13.2. For member data, the controller is the club. Its privacy policy is in the app, next to ours.
14. Changes to these terms
14.1. We may change these terms. For substantive changes, we notify you in the app and ask you to accept the new version before you continue using the app.
14.2. Changes do not apply retroactively.
15. Governing law, disputes and version
15.1. These terms are governed by Romanian law.
15.2. For any complaint about the app, write to us at legal@upfit.cloud and we will reply within 30 days at the latest. Complaints about the club's services go to the club.
15.3. If we cannot reach a solution, you can turn to the competent court under the law and to the consumer protection authorities.
15.4. Version in force: 1.0, published on 5 November 2026. This document replaces the terms previously published at the same address.
15.5. This is a translation. If the English and the Romanian versions differ, the Romanian version prevails.