The Audienced platform is a software service operated by:
Fitcrea d.o.o.
Reteče 68
4220 Škofja Loka
Slovenia
VAT ID: SI71901736
(hereinafter referred to as the “Company”, “Fitcrea”, or “Audienced”).
Audienced is a Software-as-a-Service (SaaS) platform that enables creators and businesses to create, manage, and distribute digital products, online communities, memberships, courses, and other online services.
These Terms of Service (hereinafter: the “Terms”) govern access to and use of the Audienced platform and all services provided through it.
By registering an account, accessing the platform, or using any part of the services, the user agrees to be bound by these Terms in full.
If the user does not agree to these Terms, they must not access or use the platform.
Audienced is a product and service operated by Fitcrea d.o.o.
For the purposes of these Terms, the following terms shall have the meanings set forth below:
“Platform” means the Audienced software system and all related services, features, and functionalities made available by the Company.
“Company” means Fitcrea d.o.o., the legal entity that owns and operates the Platform.
“Administrator” means a registered user who uses the Platform to create, manage, and distribute digital products, programs, communities, memberships, or other services.
“Member” means an end user who accesses content, products, or communities created or managed by an Administrator.
“User” means any individual or legal entity that accesses or uses the Platform, including Administrators and Members.
“Subscription” means a paid, recurring access plan to the Platform.
“Free Trial” means a limited, time-bound period (typically 14 days) during which a User may access the Platform without payment, subject to the conditions defined by the Company.
“Billing Period” means the recurring subscription cycle, which may be monthly or annual.
“Administrator Content” means any content, data, or materials uploaded, published, or otherwise made available on the Platform by an Administrator.
“Member Content” means any content, data, or materials uploaded, submitted, or generated by Members, including but not limited to comments, posts, messages, profile information, and media files.
“User Content” means, collectively, Administrator Content and Member Content.
Audienced enables Administrators to create, manage, and distribute digital products and online communities, including, but not limited to:
The Platform operates as a technology service and hosting provider that enables Administrators to publish and manage their content and services.
Unless explicitly stated otherwise, the Company:
Any transactions between Administrators and their Members are conducted directly between those parties, unless the Company explicitly acts as a Merchant of Record, in which case the Company acts as the legal seller to the end customer in accordance with these Terms.
The Platform may integrate or rely on third-party services, including but not limited to infrastructure providers, payment processors, communication tools, and analytics services.
In order to use the Platform, a User must create an account.
The User agrees to provide accurate, complete, and up-to-date information during registration and to keep such information updated at all times.
The Platform may only be used by individuals who are at least 18 years old or who otherwise have the legal capacity to enter into binding contracts under applicable law.
The User is solely responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account.
The Company reserves the right, at its sole discretion, to:
if it determines that such action is necessary to:
The Company further reserves the right, at its sole discretion, to restrict, suspend, or terminate access to the Platform or any part thereof at any time, with or without notice, and without liability to the User.
The Platform may offer a free trial period, typically lasting 14 days, during which Users may access certain features of the Platform without payment.
During the Free Trial, Users are granted access to functionalities as determined by the Company at its sole discretion.
No payment method is required to start the Free Trial, unless otherwise specified.
The Free Trial:
If, upon expiration of the Free Trial, the User does not provide valid payment details and select a Subscription plan:
Any content created or uploaded during the Free Trial may remain stored for a limited period in accordance with the Company’s data retention practices; however, access to such content may be restricted or unavailable until a paid Subscription is activated.
The Company reserves the right, at its sole discretion, to:
The Company is under no obligation to extend, renew, or maintain Free Trial access beyond the designated trial period.
The Platform offers Subscription plans with the following billing cycles:
Annual Subscriptions are billed in full at the beginning of the applicable Billing Period.
All prices displayed on the Platform are exclusive of VAT or other applicable taxes, unless stated otherwise.
VAT or other applicable taxes will be calculated and charged at checkout based on the User’s location and applicable tax laws.
Subscriptions automatically renew at the end of each Billing Period unless cancelled prior to the renewal date.
The User is solely responsible for managing their Subscription and cancelling it before the renewal date if they do not wish to continue.
If a payment attempt fails, the Company reserves the right to:
The Company reserves the right, at its sole discretion, to change Subscription pricing at any time.
Any pricing changes will take effect at the start of the next Billing Period following the change.
Continued use of the Platform after a price change becomes effective constitutes acceptance of the updated pricing.
The Company shall not be liable to the User for any changes in pricing.
Users may upgrade their Subscription plan at any time.
Any upgrade will take effect immediately, and the applicable fee will be calculated on a prorated basis for the remainder of the current Billing Period.
Downgrades of Subscription plans will take effect only at the start of the next Billing Period.
Downgrades do not entitle the User to any refund, credit, or partial reimbursement for any previously paid amounts.
The Company is under no obligation to provide prorated refunds or credits in connection with downgrades.
All payments made for use of the Platform are final and non-refundable, except where required by applicable law.
Refunds will not be provided under any circumstances, including but not limited to:
This policy applies to all Subscription plans, including monthly and annual billing cycles.
Administrators who use the Platform to offer digital products, memberships, courses, or other services act as independent content providers and business operators.
In cases where Fitcrea d.o.o. acts as a Merchant of Record, Fitcrea d.o.o. acts as the legal seller to the end customer, while the Administrator acts as the provider of the underlying content or service.
Notwithstanding the foregoing, the Administrator remains solely responsible for:
Unless explicitly stated otherwise, Fitcrea d.o.o. and the Platform do not act as the seller of Administrator products or services.
Administrators are solely responsible for:
Fitcrea d.o.o. does not provide legal, tax, or financial advice.
The Platform operates as a neutral technology provider that enables Administrators to create, publish, and manage digital products, services, and communities.
The Company does not:
Any statements, marketing claims, testimonials, financial projections, or representations regarding results or performance made by Administrators are solely the responsibility of the respective Administrator.
The Company makes no representations or warranties regarding:
Users acknowledge and agree that:
To the fullest extent permitted by applicable law, Fitcrea d.o.o. shall not be liable for any disputes, claims, losses, damages, or dissatisfaction arising from interactions between Administrators and Members or from the use of Administrator Content.
Users may not use the Platform for any unlawful, harmful, or abusive purposes.
Without limitation, Users agree not to use the Platform to:
Users further agree not to use the Platform to create, distribute, or promote content that:
The Company reserves the right, at its sole discretion, to determine whether any activity or content violates these Terms.
The Company may take any action it deems appropriate, including:
without prior notice and without liability.
All intellectual property rights in and to the Platform, including but not limited to software, design, user interface, trademarks, logos, and other elements, are the exclusive property of Fitcrea d.o.o. or its licensors.
Users may not copy, reproduce, distribute, modify, or otherwise use any part of the Platform without the prior written consent of the Company.
Users retain ownership of any content they upload, publish, or otherwise make available on the Platform.
By uploading or publishing content on the Platform, the User grants Fitcrea d.o.o. a worldwide, non-exclusive, royalty-free license to:
This license is granted for the duration of the User’s use of the Platform and to the extent necessary for the operation and provision of the services.
The User represents and warrants that they have all necessary rights, licenses, and permissions to upload and use such content and that such content does not infringe any third-party rights.
The Company reserves the right, at its sole discretion, to:
if it determines that such content or activity:
The Company may take such actions with or without prior notice and without liability to the User.
The Company is not obligated to monitor, review, or actively moderate User Content or communications between Users.
To the fullest extent permitted by applicable law, the Company shall not be responsible or liable for any User Content, including but not limited to content that is unlawful, inaccurate, misleading, or otherwise objectionable.
Nothing in these Terms shall be construed as creating any obligation for the Company to pre-screen, monitor, or control content on the Platform.
Participation in the Audienced affiliate program is governed by a separate Affiliate Agreement.
Any individual or entity participating in the affiliate program must agree to and comply with the terms of that separate agreement.
In the event of any conflict or inconsistency between these Terms and the Affiliate Agreement, the Affiliate Agreement shall prevail with respect to all matters related to the affiliate program.
The Company shall not be liable for any actions, representations, or conduct of affiliates, including any marketing claims or promotional activities carried out by them.
The Company reserves the right, at its sole discretion, to:
The Company does not guarantee that any specific features or functionalities will remain available on a permanent or uninterrupted basis.
The Company may make such changes at any time, with or without prior notice, and without liability to Users.
Upon termination or expiration of a Subscription:
The Company reserves the right to delete inactive accounts and associated data after a reasonable period of inactivity, as determined at its sole discretion.
The Company shall not be liable for any loss of data resulting from the deletion of accounts or content in accordance with these Terms.
Users may request deletion of their account and personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR), by contacting the Company.
Certain data may be retained after account deletion where required for:
The Platform is provided on an “as is” and “as available” basis.
To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, regarding the Platform or its use.
In particular, the Company does not warrant that:
All use of the Platform is at the User’s own risk.
The Company will use commercially reasonable efforts to ensure that the Platform is available and functioning reliably; however, the Company does not guarantee uninterrupted, continuous, or error-free operation of the Platform.
The Platform may be temporarily unavailable due to:
To the fullest extent permitted by applicable law, Fitcrea d.o.o. shall not be liable for any:
arising from or related to the unavailability of the Platform.
Users acknowledge and agree that the Platform is a digital service that depends on third-party infrastructure, systems, and services, and that such dependencies may impact performance and availability.
The Platform may integrate with or use third-party payment service providers, including but not limited to Stripe or other payment processors (“Payment Processors”), for the purpose of processing payments.
All payments are processed directly by the Payment Processors. The Company does not collect, hold, or process payment information such as credit card details, except where explicitly stated under a separate agreement (e.g. Merchant of Record model).
The Company shall not be responsible or liable for any:
Users agree to comply with the terms and conditions of the respective Payment Processor, which may apply in addition to these Terms.
The Company does not guarantee the availability, reliability, or performance of any Payment Processor and shall not be liable for any financial losses or damages arising from their use.
The Platform may integrate with or use third-party payment service providers, including but not limited to Stripe or other payment processors (“Payment Processors”), for the purpose of processing payments.
All payments are processed directly by the Payment Processors. The Company does not collect, hold, or process payment information such as credit card details, except where explicitly stated under a separate agreement (e.g. Merchant of Record model).
The Company shall not be responsible or liable for any:
Users agree to comply with the terms and conditions of the respective Payment Processor, which may apply in addition to these Terms.
The Company does not guarantee the availability, reliability, or performance of any Payment Processor and shall not be liable for any financial losses or damages arising from their use.
The Platform is provided solely as a technological tool for the creation, management, and distribution of digital content, programs, and communities.
Fitcrea d.o.o. does not provide any form of professional advice, including but not limited to:
Any content, programs, courses, advice, or services offered by Administrators through the Platform are solely the responsibility of those Administrators.
The Company does not review, verify, endorse, or guarantee the accuracy, completeness, legality, or effectiveness of such content or services.
Users acknowledge and agree that:
To the fullest extent permitted by applicable law, the Company shall not be liable for any:
arising from or related to content or services provided by Administrators through the Platform.
To the fullest extent permitted by applicable law, Fitcrea d.o.o. shall not be liable for any:
arising out of or related to the use of, or inability to use, the Platform.
The total aggregate liability of the Company, whether in contract, tort (including negligence), or otherwise, shall in no event exceed:
For Users on annual subscription plans, the liability shall be limited to the pro-rated equivalent of one (1) monthly fee.
This limitation shall apply regardless of the number of claims and even if the Company has been advised of the possibility of such damages.
The User agrees to defend, indemnify, and hold harmless Fitcrea d.o.o., its directors, officers, employees, partners, and affiliates from and against any and all claims, demands, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:
The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification, at the User’s expense.
Users represent and warrant that they are not subject to any applicable international sanctions, including but not limited to sanctions imposed by the European Union, the United Nations, or the United States (OFAC).
The Company reserves the right to restrict, suspend, or terminate access to the Platform, without prior notice, if required to comply with:
The Company shall not be liable for any damages, losses, or consequences resulting from actions taken in order to comply with legal or regulatory obligations.
The Company shall not be liable for any failure or delay in performance of its obligations under these Terms if such failure or delay is caused by events beyond its reasonable control (“Force Majeure”), including but not limited to:
The Company’s obligations shall be suspended for the duration of the Force Majeure event, and the Company shall use reasonable efforts to resume normal operations as soon as practicable.
In certain cases, Fitcrea d.o.o. may act as the Merchant of Record (“MoR”) for digital products, services, memberships, or other offerings made available by Administrators through the Platform.
Where Fitcrea d.o.o. acts as the Merchant of Record:
The Administrator acknowledges and agrees that:
Fitcrea d.o.o. shall not be responsible for:
Additional terms governing the Merchant of Record model may be specified in a separate agreement or within the Platform dashboard, and shall prevail in case of conflict with these Terms.
For the use of the Merchant of Record model, Fitcrea d.o.o. charges a transaction fee of:
7% + €0.30 per transaction, unless otherwise agreed in writing.
Fitcrea d.o.o. shall remit to the Administrator the remaining amount of each transaction, after deduction of:
Payouts to Administrators may be subject to:
Fitcrea d.o.o. reserves the right to:
The Company shall not be liable for any delays, reductions, or non-payment of payouts resulting from:
Fitcrea d.o.o., acting as Merchant of Record where applicable, reserves the right, at its sole discretion, to:
The Administrator acknowledges and agrees that:
Fitcrea d.o.o. shall not be liable for any losses arising from refund decisions, dispute resolutions, or chargeback outcomes.
Where Fitcrea d.o.o. acts as Merchant of Record, it shall calculate, collect, and remit applicable taxes (including Value Added Tax – VAT) in accordance with the laws of the Republic of Slovenia and the European Union.
The Administrator is solely responsible for:
Fitcrea d.o.o. does not provide tax, legal, or accounting advice.
The Company shall not be responsible for any tax liabilities, penalties, or reporting obligations of the Administrator.
Fitcrea d.o.o. provides the Platform solely as a technological infrastructure and does not guarantee any commercial outcomes.
To the fullest extent permitted by applicable law, the Company shall not be liable for:
The Administrator is solely responsible for:
The Company does not act as a partner, agent, or representative of the Administrator, except where explicitly stated under the Merchant of Record model.
Where Fitcrea d.o.o. acts as Merchant of Record, consumer protection laws of the European Union may apply to transactions conducted through the Platform.
End customers may have the right to withdraw from a purchase within fourteen (14) days, unless an exception applies under applicable law.
The right of withdrawal does not apply where:
By completing a purchase of digital content, membership, or access to services on the Platform, the customer expressly agrees that:
Fitcrea d.o.o. may, at its sole discretion, grant refunds in individual cases, including where required by law or under internal policies.
Fitcrea d.o.o. may apply payout delays or holding periods for Administrators for the purposes of:
Fitcrea d.o.o. reserves the right, at its sole discretion, to:
Payouts may only be released after:
Fitcrea d.o.o. may offset (set-off) any amounts owed by the Administrator against pending payouts.
The Company shall not be liable for any delays, withheld funds, or restrictions applied in accordance with this clause.
In the event of:
the Administrator agrees that:
If the Administrator’s available balance or held funds are insufficient to cover the amounts owed, the Administrator agrees to:
Fitcrea d.o.o. reserves the right to:
The Company shall not be liable for any losses arising from chargebacks, fraudulent transactions, or disputes related to the Administrator’s products or services.
Fitcrea d.o.o. reserves the right, at its sole discretion, to:
where the Company determines that there is a risk of:
Such actions may be taken without prior notice where necessary to protect the Platform, users, or comply with legal or regulatory requirements.
The Company shall not be liable for any losses, damages, or lost revenue resulting from such actions.
Fitcrea d.o.o. may monitor and evaluate risk indicators related to the use of the Platform, including but not limited to:
If the Administrator exceeds acceptable risk thresholds, as determined by the Company at its sole discretion, Fitcrea d.o.o. may:
The Company may determine acceptable risk thresholds internally and modify them at any time without prior notice.
The Company shall not be liable for any consequences resulting from enforcement actions taken under this clause.
Where Fitcrea d.o.o. acts as Merchant of Record:
The Administrator acknowledges and agrees that:
The Company shall not be liable for any tax obligations, reporting errors, or penalties incurred by the Administrator.
Fitcrea d.o.o. reserves the right, at its sole discretion, to modify, replace, or discontinue the Merchant of Record model or any payment-related functionality at any time.
Such changes may include, without limitation:
Where required by applicable law, or where such changes materially affect Users, the Company will provide reasonable prior notice.
Continued use of the Platform after such changes shall constitute acceptance of the updated model.
The Company shall not be liable for any impact resulting from changes to the business model or payment structure.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Slovenia, without regard to its conflict of law principles.
Any disputes, claims, or controversies arising out of or relating to these Terms or the use of the Platform shall be subject to the exclusive jurisdiction of the competent courts in Ljubljana, Slovenia.
To the fullest extent permitted by applicable law, Users agree that:
Nothing in this clause shall limit any mandatory consumer protection rights under applicable law.
Fitcrea d.o.o. reserves the right to modify or update these Terms at any time.
Where required by applicable law, or where changes materially affect Users’ rights or obligations, the Company will provide reasonable notice (e.g., via email, Platform notification, or website update).
Continued use of the Platform after such changes become effective constitutes acceptance of the updated Terms.
If a User does not agree with the updated Terms, they must discontinue use of the Platform.
These Terms constitute the entire agreement between Fitcrea d.o.o. and the User regarding the use of the audienced Platform and supersede all prior agreements, understandings, or communications, whether written or oral.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
The following provisions shall survive termination or expiration of these Terms:
In the event of any conflict between these Terms and other legal documents of the Platform, the following order of precedence shall apply:
By using the Platform, the Administrator confirms that they have reviewed and accepted the Data Processing Agreement (DPA), which is available at the following link: DPA.
Fitcrea d.o.o.
Reteče 68
4220 Škofja Loka
Slovenia
VAT ID: SI71901736
Email: info@audienced.io