Privacy Policy

General Terms and Conditions of Fitcrea d.o.o.

Contents of the General Terms and Conditions:

General
Owner and Operator of the Website, Online Store, and Web Application audienced
Acceptance of the General Terms and Conditions
Information Availability
Offer
Delivery Terms and Conditions
Prices
Information on Additional Delivery Costs
Order and Conclusion of Contract
Payment Method
Invoice Issuance
Liability for Compliance
Customer’s Right of Withdrawal from the Contract
Refund in Case of Withdrawal or Request for Proportional Price Reduction
Consequences of Withdrawal or Contract Renewal Cancellation
Privacy Policy and Personal Data Protection
Limitation of Liability of Fitcrea d.o.o. and Obligations of the Customer and Administrator
Copyrights
Complaints and Disputes
Out-of-Court Resolution of Consumer Disputes
Applicable Law
Final Provisions

1. General

The acceptance of these General Terms and Conditions of Fitcrea d.o.o. (hereinafter referred to as the General Terms and Conditions) is a prerequisite for ordering and using the digital services and digital content offered on our website, online store, and web application audienced.

The General Terms and Conditions regulate the operation of the Audienced website, online store, and web application, as well as the rights and obligations of Fitcrea d.o.o., the customer, and registered users/administrators of the digital services and digital content we provide.

They also regulate the rights and obligations of Fitcrea d.o.o. towards individuals who are users of the content (hereinafter referred to as students), which the customers and registered users/administrators provide to these individuals through the use of the Web Application.

2. Owner and Operator of the Website, Online Store, and Web Application audienced

The owner and operator of the website https://audienced.io/ (hereinafter: the Website), its subdomains, the audienced online store https://www.fitcrea.com/checkout/ (hereinafter: the Online Store), the audienced web application (hereinafter: the Web Application), and the digital content is:

Fitcrea d.o.o., digital services
Reteče 68, 4220 Škofja Loka
Registered company name: Fitcrea d.o.o.
Registered office: Reteče
Registration number: 9476237000
VAT ID: SI 71901736 (VAT payer)
Share capital: 7,500.00 EUR
Bank account: SI56 0312 8100 1502 291 (SKB d.d.)
Date of entry in the court register: 18.09.2023
Court register number: __________________________
Phone: +386 40 820 299
Email: info@fitcrea.com

3. Acceptance of the General Terms and Conditions

The order and use of digital services and digital content by Fitcrea d.o.o. (hereinafter collectively referred to as the Package or Packages) are governed by these General Terms and Conditions.

Acceptance of the General Terms and Conditions is a prerequisite for creating a user account to use the Web Application and to order and use the Packages.

Individuals are explicitly notified about the General Terms and Conditions when creating a user account for the Web Application and when placing an order for a Package in the Online Store.

The General Terms and Conditions valid at the time of account creation or order submission apply to the individual or customer.

4. Information Availability

Fitcrea d.o.o. provides the individual or customer, prior to contract binding, with the following information:

Company details of Fitcrea d.o.o.,
Contact information of Fitcrea d.o.o.,
Main characteristics of the digital services and digital content,
Final price of digital services and digital content, including taxes,
Information about additional delivery costs,
Payment terms,
Service execution conditions,
Service execution deadlines,
Fitcrea d.o.o.’s liability for compliance,
The deadline and conditions for withdrawal from the contract (description of the right of withdrawal according to Article 43 of the Consumer Protection Act),
Information about the complaint procedure at Fitcrea d.o.o.

5. Offer

The main features of the Packages provided by Fitcrea d.o.o. within the Web Application, their availability, and prices are listed for each Package on the Website.

An individual can register a user account for the Web Application and try the Web Application and Package Explorer free of charge to learn about and test the functionality of the Packages.

6. Delivery Terms and Conditions

The company delivers or enables the use of the Package immediately after the contract conclusion, i.e., when the customer submits an order by clicking the “Buy Now” button in the Online Store.

A registered user account for the Web Application is a prerequisite for using the ordered Package.

For any questions related to the order or delivery, the customer may send an email to info@fitcrea.com or call +386 40 820 299 on weekdays between 8:00 and 16:00.

7. Prices

The final price for each Package is stated in the price list on the Website next to each Package.

The price is indicated for the use of the Package for one month – monthly price.

The monthly price depends on whether the customer chooses the Package for a one-month or one-year period.

If a price reduction applies, the reduced price is shown alongside the struck-through regular price and the percentage discount. The discounted price is valid until the date specified.

All prices include the use of the Web Application and delivery costs.

All prices are shown in EUR and exclude VAT unless stated otherwise.

Fitcrea d.o.o. is a VAT payer.

Prices apply at the time of order submission. Upon automatic renewal, the price valid at the time of the first order applies, unless the company informs the customer of a new price beforehand.

Prices apply when paying with the payment method specified in these Terms and Conditions.

8. Information on Additional Delivery Costs

Fitcrea d.o.o. delivers or enables the use of all Packages without additional delivery costs.

9. Ordering and Contract Conclusion

To use any Package in the Web Application, an individual must register and create a user account (hereinafter: User Account) on the Website.

Orders are made by selecting a Package on the Website and placing an order via the Online Store.

The customer can be a legal entity or an individual over 18 years old.

If the customer is an individual using the Package for purposes outside their professional or business activity, they are considered a consumer under Slovenian consumer protection law.

9.1 User Account

An individual registers and creates a User Account by clicking “Start Now,” “Start Free,” or “Build Your Course” and:

Entering their email address,
Confirming acceptance of the General Terms and Conditions,
Completing registration confirmation by entering a code sent by the company,
Entering and confirming domain information,
Entering and confirming their name, surname, phone number, and setting a password for the Web Application.

After successful registration, Fitcrea d.o.o. sends a confirmation email to the registered user (hereinafter: registered user/administrator).

Registered users and customers can access their User Account by clicking “Login” on the Website and entering their email and password.

Within the User Account, the registered user can use Package Explorer unlimitedly. To use other Packages, they must order them through the Online Store, thereby becoming a customer.

The customer can use the ordered Package or Package Explorer within the Web Application.

9.2 Ordering Process via the Fitcrea Online Store

Orders are made by:

Clicking the desired Package on the Website,
Reviewing details in the Online Store, including:

Selected Package,
Package price for the selected period,
Net and gross price and tax amount,
Automatic renewal date,

Entering customer details, including:

Email,
First name,
Last name,
Company name (if legal entity),
Country,
Address (street, city, postal code),
Phone (optional),
Credit card details for payment,

Reviewing the General Terms and Conditions via a link,
Confirming acceptance of the Terms by checking a box,
Submitting the order by clicking “Buy Now,” confirming all provided data and agreeing to payment obligations.

If the customer is a legal entity, the person authorized by the company to create the User Account and order the Package must enter their personal details.

In case of incorrect or incomplete data, the customer will be notified which fields are missing and cannot proceed until all data are correct.

The customer must enter truthful and accurate information and is liable for any damage caused by false data.

Fitcrea d.o.o. may verify the accuracy of customer data by contacting them via phone or email.

Primary communication is via email.

9.3 Contract for Supply of Digital Services and Content

The contract concluded upon ordering the Package via the Online Store is considered a distance contract with automatic renewal.

After the contract period (month or year) expires, it automatically renews for the same period. The customer agrees that Fitcrea d.o.o. will charge their credit card for the renewed period.

The customer can stop automatic renewal anytime in the Web Application, after which no further charges will be made.

Procedure to manage subscription:

Go to Reset Password
Enter the email used for purchase and click reset password
Receive reset email
Login to My Account
Manage subscription under the Subscriptions tab

Fitcrea d.o.o. and the customer agree that Fitcrea d.o.o. will provide the Package for use, and the customer agrees to pay the purchase price.

The contract can be concluded in Slovenian or English.

A confirmation email with the contract is sent to the customer upon conclusion.

The customer can save or print the contract confirmation.

The Package is delivered as soon as possible after contract conclusion. Access requires a User Account.

Prices and conditions are fixed at contract conclusion unless the customer is notified in advance of changes.

Non-payment may result in downgrade to the free Explorer Package until obligations are met.

All order, contract, and invoice data are stored electronically and provided to the customer upon written request within 3 days.

10. Payment Method

Payment for Packages is possible by credit card, charged at order placement.

Automatic renewal charges the credit card unless cancelled in the Web Application.

11. Invoice Issuance

The customer must verify their data and order details before submission. Later disputes are not accepted.

Invoices for each billing period and renewal are sent electronically to the customer’s email.

Invoices break down price and other charges.

12. Liability for Compliance

If the Package does not comply with the contract, the customer may:

Request bringing the Package into compliance, unless impossible or disproportionately costly,
Request proportional price reduction, or
Withdraw from the contract.

Fitcrea d.o.o. will fix compliance issues promptly and free of charge after notification.

The customer may withdraw or request price reduction if:

Compliance cannot be achieved or is disproportionately costly,
Compliance was not established,
Content remains non-compliant despite attempts,
The non-compliance is serious enough to justify withdrawal or price reduction, or
It is clear that compliance will not be established timely.

Withdrawal is possible only if the non-compliance is significant.

Price reduction applies to the period without compliance.

Requests must be sent in writing to info@fitcrea.com with reasons.

Consumer protection law applies.

13. Customer’s Right of Withdrawal

The customer may withdraw within 14 days of contract conclusion without stating a reason. Timely notification is sufficient.

Withdrawal is also allowed if:

The Package is not delivered within 5 days after reminder,
It is obvious the Package will not be delivered, or
Compliance is not guaranteed.

Withdrawal must be communicated clearly in writing or by email to:

Fitcrea d.o.o., digital services,
Reteče 68, 4220 Škofja Loka
Phone: +386 40 820 299
Email: info@fitcrea.com

14. Refund Policy

Refunds are issued without undue delay and no later than 14 days after receipt of withdrawal notification.

Partial refunds apply if withdrawal is due to non-compliance, including prepaid amounts for unused periods.

Refunds are made with the same payment method.

Fitcrea d.o.o. charges no fees for refunds.

15. Consequences of Withdrawal or Cancellation of Renewal

Withdrawal ends the company’s obligation to provide the Package.

The customer must stop using the Package and may not share digital content or services with third parties.

The company will not use any non-personal content provided or created by the customer, except:

If the content is not usable outside the Package,
If the content concerns only the customer’s activities,
If the content is merged with others and cannot be separated, or
If jointly created content can still be used by others.

The company will provide non-personal content on request within 1 year in a commonly used, machine-readable format.

Content deletion requests before 1 year will be honored within 5 days.

The company may block further use by the customer after withdrawal, including account access.

These rules also apply if the customer cancels automatic renewal.

Package status changes during a billing cycle cover the entire period.

16. Privacy Policy and Personal Data Protection

Data controller and processor is Fitcrea d.o.o., digital services, Reteče 68, 4220 Škofja Loka, Phone: +386 40 820 299, Email: info@fitcrea.com.

Fitcrea d.o.o. commits to permanent protection of personal data according to GDPR and Slovenian laws.

Personal data processing is necessary for:

Pre-contractual measures including user account creation and payment,
Contract fulfillment.

Fitcrea also processes some personal data of students obtained by registered users or customers during use of the Web Application and Packages.

Users and customers must lawfully obtain and notify students about data processing by Fitcrea d.o.o.

Personal data processed include:

Registered users’ data: email, name, surname, phone (if provided),
Customers’ data: email, name, surname, company name (if legal entity), country, address, phone (if provided), credit card data,
Students’ data: email, name, surname, address.

Retention periods vary depending on data type and purpose, as detailed in the full policy.

Data is stored on servers in the USA via processors DigitalOcean and Vimeo.

Data is not shared with third parties except for contract fulfillment.

Revoking consent may lead to contract termination and data deletion.

Fitcrea d.o.o. ensures GDPR compliance and responds to data requests within one month.

Individuals have rights to access, correct, delete, restrict processing, object, data portability, and revoke consent.

Complaints can be filed with the Information Commissioner of Slovenia.

17. Limitation of Liability and Customer Obligations

Fitcrea d.o.o. does not guarantee uninterrupted operation. Updates may cause temporary outages, with prior notice to customers.

Technical support is available on weekdays 8:00–16:00 via email info@fitcrea.com.

Customers are fully responsible for protecting their account passwords.

Use of the Web Application and Packages for illegal or unauthorized purposes is prohibited.

Customers must prepare and publish their own terms and data protection notices regarding their students and course users.

Customers are fully responsible for all content uploaded to their account. Viruses or harmful code are forbidden.

Audienced may remove illegal or inappropriate content and terminate accounts if customers fail to remove such content upon notice.

NO WARRANTIES

Audienced disclaims all implicit warranties to the fullest extent allowed by law. Customers assume responsibility for their results.

LIMITATION OF LIABILITY

Audienced is not liable for indirect or consequential damages and liability is limited to the amount paid for the services.

18. Copyrights

Website, Web Application, and Package contents are property of Fitcrea d.o.o. and protected by copyright laws. Reproduction or use without written permission is prohibited.

19. Complaints and Disputes

Audienced respects consumer protection laws and strives to handle complaints efficiently.

Complaints can be submitted via email info@fitcrea.com. Complaints are treated confidentially and acknowledged within 5 working days.

20. Out-of-Court Consumer Dispute Resolution

Audienced does not recognize any out-of-court dispute resolution body as competent for consumer disputes under Slovenian law.

A link to the EU platform for online dispute resolution is provided on the website for consumers.

21. Applicable Law

Slovenian law applies to all matters not regulated by these Terms and Conditions.

22. Final Provisions

These Terms apply from acceptance until revoked or changed.

Audienced reserves the right to amend the Terms and will notify customers by email and publish changes on the website.

If any provision is invalid, the rest remain valid and the invalid provision is replaced to reflect the contract’s intent.

Reteče, 10 September 2024

Fitcrea d.o.o.
Kristian Lev, Director