TERMS & CONDITIONS – WATCHFIT®
(Subscription & Device Use Model)
1. Overview of the Service
WATCHFIT® provides a subscription-based fitness and wellness service that includes access to digital services, software, analytics, and, depending on the selected plan, a wearable tracking device (the “WatchFit Device”).
The Service is offered as a combined solution, where the primary value resides in the software, data processing, and ongoing subscription services.
2. Subscription Membership
Certain features of WATCHFIT® require an active paid subscription (“Membership”).
The Membership may include:
- Access to the WATCHFIT® mobile application and platform
- AI-based fitness insights and recommendations
- Integration with supported third-party platforms
- Access to a WatchFit Device, where applicable
An active Membership is required to access and use paid features of the Service.
2a. One-Time Lifetime Base Plan
As an alternative to the recurring Membership, users may activate a one-time, lifetime Base plan for a single payment. This plan grants base access to the WATCHFIT® app; full features remain reserved to an active subscription.
What you purchase. The one-time payment is a licence to access the WATCHFIT® app (Base tier). It is not a sale of hardware. As with the Membership, the device is provided on a loan-for-use basis and remains the exclusive property of WATCHFIT®; the loan provisions set out above apply in full.
Right of withdrawal (14 days). As a consumer entering into a distance contract, you may withdraw within 14 days of activation / receipt of the device, without giving any reason, by sending an unequivocal statement (or the model form below) to info@watchfit.tech. Upon withdrawal you must return the loaned device within 14 days.
Immediate activation of digital access. By activating app access before the end of the withdrawal period, you expressly request that provision begin immediately and acknowledge that, once the digital service has been fully provided, you lose the right of withdrawal in respect of that service. This does not affect your right to return the loaned device within 14 days.
Refunds & return costs. If you validly withdraw within the period, we refund the amount paid together with the standard outbound delivery cost, within 14 days of receiving the device back (or proof of return). The direct cost of returning the device is borne by the user. We may withhold an amount reflecting any diminished value of the device resulting from handling beyond what is necessary to establish its nature and functioning.
Device functioning. Nothing in this plan excludes the mandatory legal guarantee of conformity applicable to the device under consumer law.
Model withdrawal form. To WATCHFIT® (info@watchfit.tech): I hereby withdraw from my contract for the WATCHFIT® Base plan — Activated/Received on […] — Name — Address — Date.
3. WatchFit Device – No Sale, Subscription-Based Use
If included in the selected Membership plan, the WatchFit Device is provided for use exclusively in connection with an active subscription.
The WatchFit Device:
- Is not sold to the user
- Remains the exclusive property of WATCHFIT®
- Is provided under a loan-for-use / subscription-based access model
The right to use the WatchFit Device is strictly conditional upon maintaining an active Membership.
4. Device Activation and Use
The WatchFit Device may only be used:
- By the registered account holder
- In connection with an active WATCHFIT® account
- In accordance with the instructions and intended purpose
WATCHFIT® reserves the right to disable device functionality if the Membership is suspended or terminated.
5. User Responsibility for the Device
Users are responsible for:
- Proper and reasonable use of the WatchFit Device
- Preventing loss, theft, or misuse
- Returning the device when required
WATCHFIT® may charge a replacement or non-return fee in cases of:
- Failure to return the device when requested
- Loss or theft
- Damage caused by misuse or negligence
Normal wear and tear is excluded from liability.
6. Trial Periods (If Applicable)
WATCHFIT® may offer free or discounted trial periods.
During a trial:
- The WatchFit Device and Services are provided for evaluation purposes only
- The trial will convert into a paid Membership unless canceled before the trial ends
- If the trial is canceled, the user may be required to return the WatchFit Device within a specified timeframe
Failure to return the device may result in a charge.
7. Subscription Cancellation and Termination
Users may cancel their Membership at any time through their account settings.
Upon cancellation:
- Access to paid Services will continue until the end of the current billing period
- No refunds are issued for partially used subscription periods, except where required by law
- WATCHFIT® may request the return of the WatchFit Device
WATCHFIT® reserves the right to suspend or terminate accounts for violations of these Terms.
8. No Medical Advice Disclaimer
WATCHFIT® does not provide medical advice.
The Service and WatchFit Device:
- Are not medical devices
- Are not intended to diagnose, treat, cure, or prevent any disease
- Provide informational and fitness-related insights only
Users should consult a qualified healthcare professional before starting any fitness or training program.
9. AI-Generated Insights
Fitness recommendations and analytics generated by WATCHFIT® may be based on automated systems and algorithms.
Such insights:
- Are provided for informational purposes only
- May not be accurate or complete
- Should not be relied upon as the sole basis for training or health decisions
10. Limitation of Liability
To the maximum extent permitted by law:
- WATCHFIT® shall not be liable for indirect, incidental, or consequential damages
- Total liability shall not exceed the amount paid by the user for the Membership during the twelve (12) months preceding the claim
Use of the Service is at the user’s own risk.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of Italy, without prejudice to mandatory consumer protection laws applicable in the user’s country of residence.