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Service Provider (Expert) Agreement

Acceptance agreement for experts who will provide services on the FitXDiet platform

Last Updated: 02 Eylül 2026

Important Information

This agreement, on the FitXDiet platform, Trainer (Personal Trainer) regulates the legal relationship between FitXDiet and the independent professionals who wish to provide services as. By applying to the Platform and/or beginning to provide services, you are deemed to have accepted this agreement.

Contents

1 Parties and Definitions 2 Subject and Purpose of the Agreement 3 Application and Acceptance Terms 4 Obligations of the Service Provider 5 Obligations of the Platform 6 Commission and Payment Terms 7 Intellectual Property Rights 8 Privacy and Data Protection (KVKK) 9 Prohibitions and Restrictions 10 Liability and Indemnification 11 Term and Termination of the Agreement 12 Other Provisions
1

Parties and Definitions

1.1 Parties

FitXDiet (Platform)

MDA Yazılım ve Teknoloji Hizmetleri Limited Şirketi

  • Merkez Mahallesi Hasat Sk. No:52, 34381 Şişli/İstanbul
  • info@mdatechnologies.net

Service Provider (Expert)

who will provide services through the Platform Trainer (Personal Trainer)

PT / Trainer

1.2 Definitions

platform
The FitXDiet website (fitxdiet.com) and/or its mobile applications; an e-commerce platform operating as an intermediary service provider under Law No. 6563 on the Regulation of Electronic Commerce.
Service Provider / Expert
An independent Trainer (Personal Trainer) providing consultancy, coaching, program creation, and similar services through the Platform; a natural or legal person bearing the title of service provider under Law No. 6563.
User / Client
The natural person who purchases the services offered by Service Providers through the Platform.
Service / Package
Consultancy via messaging, nutrition guides, exercise programs, and similar service content offered by the Service Provider through the Platform.
Commission
The rate that the Platform deducts from the income earned by the Service Provider in return for its intermediary service.
Service Fee
The amount the User pays in return for the service provided by the Service Provider.
2

Subject and Purpose of the Agreement

2.1

The subject of this Agreement is the bringing together of the Service Provider (Expert) and Users by the FitXDiet platform in its capacity as an intermediary service provider, and the determination of the parties' rights and obligations in this regard.

2.2
The Platform's Role:

FitXDiet merely acts as an intermediary between the Service Provider and the User; it does not directly provide health services, nutrition consultancy, or personal training services. The Service Provider is solely responsible for the content, quality, and results of the services offered.

2.3

By joining the Platform, the Service Provider benefits from the following opportunities:

Access to a large user base
Secure payment infrastructure
Package and service management
Messaging and communication tools
Performance and analytics reports
Marketing and visibility support
2.4

The Service Provider is not an employee, representative, or agent of FitXDiet. There is no employer-employee, partnership, or agency relationship between the parties. The Service Provider operates as a fully independent professional.

3

Application and Acceptance Terms

3.1

Candidates who wish to be listed as a Service Provider on the Platform must meet the following conditions:

For Trainers / Personal Trainers:
  • Be a Turkish citizen or hold a work permit
  • Be at least 18 years old
  • An associate's or bachelor's degree in Sports Sciences, Physical Education, or a related field or
  • A Personal Trainer / Fitness Instructor certificate obtained from the Ministry of National Education (MEB) or authorized institutions
  • A valid health report (obtained within the last 1 year)
  • Criminal record document (no prior convictions)
3.2

During the application, the following documents must be uploaded to the Platform:

Identity document (national ID card / T.R. identity card)
Diploma or certificate
Professional profile photo
Résumé (CV)
IBAN details (for payment)
3.3
Document Verification:

The Service Provider declares and undertakes that all documents it submits are current, accurate, and valid. If forged, misleading, or invalid documents are submitted, the application is rejected immediately or the existing membership is cancelled. In this case, all damages incurred by FitXDiet are claimed from the Service Provider.

3.4

FitXDiet evaluates applications at its own discretion and reserves the right to reject an application without giving any reason. Acceptance of an application is at FitXDiet's sole discretion.

3.5

A Service Provider whose application is accepted becomes active on the Platform by approving this Agreement electronically. The Agreement enters into force from the moment of approval.

4

Obligations of the Service Provider

4.1

Professional Competence: The Service Provider undertakes that it holds all the qualifications, licenses, and permits required by its profession and will keep them valid throughout the term of the Agreement.

4.2

Service Quality: The Service Provider shall:

  • Provide services in accordance with professional ethics and scientific standards
  • Behave respectfully, professionally, and honestly toward Users
  • Comply with program delivery times and give notice within a reasonable time in case of delay
  • Approach User complaints constructively and with a solution-oriented mindset
  • Comply with the Platform rules and FitXDiet's instructions
4.3

Keeping Information Current: The Service Provider is obliged to keep its profile information, contact information, working hours, and documents up to date. When a diploma, certificate, or work permit needs to be renewed, this must be reported to the Platform immediately.

4.4
Medical Boundaries:

The Service Provider accepts that the services it offers through the Platform do not fall within the scope of medical diagnosis, treatment, or prescription. No Service Provider may diagnose an illness or recommend treatment. Users found to have a health problem must be immediately referred to the relevant health institution.

4.5

Tax Obligations: The Service Provider is obliged to establish the necessary tax liability (sole proprietorship, self-employment receipt, etc.) for the income it earns through the Platform and to file its tax returns regularly. FitXDiet is not responsible for the Service Provider's tax obligations.

4.6

Insurance: It is recommended that the Service Provider obtain an appropriate professional liability insurance against risks that may arise from its professional activities. FitXDiet cannot be held responsible for any damages that may arise if such insurance is not obtained.

4.7

Content Responsibility: Full responsibility for all content uploaded to the Platform by the Service Provider (videos, articles, programs, images, etc.) belongs to the Service Provider. The content must;

  • Comply with the law and morality
  • Not infringe the intellectual property rights of third parties
  • Not contain misleading, exaggerated, or untrue information
  • Comply with the Platform rules

is required.

4.8
Live Lesson Service — Trainer Obligations

The Service Provider accepts the following obligations within the scope of the live lesson credits purchased by the User:

  • Scheduling: Respond to the lesson requests created by the User within a reasonable time (usually 24 hours); approve them or suggest an alternative date.
  • Being ready: Connect at the confirmed date/time, ready for the lesson, from a quiet, well-lit environment suitable for the session, with a working camera/microphone.
  • Duration: Comply with the standard 45-minute duration of each live lesson; not shorten the duration arbitrarily.
  • Professionalism: Behave in accordance with professional ethics throughout the session; comply with appropriate attire, respectful communication, and confidentiality rules.
  • Medical Boundaries: Explain to the User that the information provided within the live lesson does not replace medical diagnosis, treatment, or treatment recommendations; refer the User to a physician in case of serious health concerns.
  • Recording Prohibition: Not record the session via audio/video recording, screen recording, screenshots, or an external device without the User's explicit written consent; and not disclose it.
  • Professional secrecy: Keep the health information and personal data shared by the User during the session confidential within the framework of KVKK Art. 6 and the obligation of professional secrecy; and not share them with third parties.
  • Cancellation/postponement: Except in cases of force majeure or necessity, not cancel a scheduled lesson arbitrarily; when cancellation is unavoidable, inform the User as soon as possible and suggest an alternative date. For lessons not performed by the Trainer, the User's right is preserved and the Service Provider may not assert any claim regarding fee collection.
  • Assessment as a no-show: In cases where the User cancels within 12 hours of the lesson or does not attend, whether the lesson credit is deemed used is at the Service Provider's discretion and must be assessed according to fair and objective criteria.
4.9

Prohibited Conduct in Live Lessons: The Service Provider undertakes that it will absolutely not engage in the following actions during or within the scope of a live lesson:

  • Using insulting, harassing, discriminatory, threatening, or sexually explicit expressions toward the User
  • Recording the session or sharing it with third parties without the User's explicit written consent
  • Using or selling the User's personal/health data for commercial purposes
  • Involving third parties in the session without the User's consent
  • Connecting to the lesson under the influence of alcohol/drugs
  • Offering to move to off-platform channels with the User (Telegram, WhatsApp, etc.) or requesting direct payment to evade commission
If conduct contrary to these prohibitions is detected, FitXDiet reserves the right to immediately suspend the Service Provider's account, expel it from the Platform, halt unpaid fees, and initiate the necessary legal proceedings.
4.10

Live Lesson Commission: The amount to be paid to the Service Provider from live lesson sales is calculated by deducting the standard commission rate applied to the package fee. Balances in cases of credit usage, scheduling, cancellation, and refund are reflected in the Service Provider panel through audit records. The Service Provider accepts that it will receive payment in accordance with the status automatically marked in the system for lessons that are cancelled, marked as no-show, or could not be held for technical reasons.

5

Obligations of the Platform

5.1

FitXDiet undertakes to provide the following services to the Service Provider:

Technical Infrastructure

A web and mobile platform accessible 24/7

Payment System

Secure payment infrastructure and collection

Support Service

Technical and operational support

Reporting

Sales and performance reports

5.2

FitXDiet makes the payments the Service Provider is entitled to in accordance with the terms set out in this Agreement.

5.3
Limitation of Liability:

FitXDiet is not responsible for the content, quality, or results of the services offered by the Service Provider, or for disputes between it and the User. FitXDiet only provides an intermediary service.

5.4

FitXDiet does not guarantee that the Platform will operate uninterrupted and error-free. It accepts no responsibility for interruptions that may occur due to technical maintenance, updates, or force majeure.

6

Commission and Payment Terms

6.1

Commission Rate: FitXDiet charges commission at the following rate on every sale the Service Provider makes through the Platform:

%40 Platform Commission

The commission is calculated on the gross sales amount including VAT.

* The commission rate may be changed by FitXDiet with 30 days' prior notice.

6.2

Payment Cycle:

Sale Occurs

The User makes a payment

30-Day Waiting Period

Right-of-withdrawal period

Payment Transfer

In weekly/monthly periods

6.3

Payment Method: Payments are made via wire transfer/EFT to the bank account (IBAN) that the Service Provider has registered on the Platform. FitXDiet is not responsible for delays caused by incorrect IBAN details.

6.4

Refund Cases: If the User exercises the right of withdrawal or a refund request is accepted, the amount of the relevant sale is deducted from the Service Provider's balance or offset against the next payment. The User has the right of withdrawal as long as it does not complete the personal information form within 30 days from the purchase date. After the 30-day period expires, the right of withdrawal ends even if the form has not been completed, and the Service Provider may request payment.

6.5
Minimum Payment Amount:

As long as the Service Provider's balance is below 100 TL, no payment transfer is made. When the balance exceeds this amount, the transfer is carried out in the next payment period.

6.6

Documentation and Tax Obligations:

Individual Service Provider (Sole Proprietor)
  • For experts providing services individually, FitXDiet issues an expense voucher for payment transfers.
  • Legal deductions (withholding tax, etc.) are made based on the expense voucher and the net amount is transferred to the expert's bank account.
  • The expert fulfills its tax obligations under its own responsibility.
Corporate Service Provider (Company/Sole Proprietorship)
  • Experts providing services as a company or sole proprietorship issue a service invoice to FitXDiet for each payment period.
  • The invoice is issued on the net service fee after the commission is deducted.
  • FitXDiet carries out the payment transfer after receiving the invoice.

In both cases, FitXDiet also issues a separate commission invoice to the Service Provider for the commission fee.

7

Intellectual Property Rights

7.1

Rights Belonging to the Platform: The FitXDiet brand, logo, domain name, software, design, interfaces, and all intellectual property rights belonging to the Platform belong exclusively to FitXDiet.

7.2

The Service Provider's Content: The intellectual property rights over the original content uploaded to the Platform by the Service Provider (videos, articles, programs, images) belong to the Service Provider. However, the Service Provider grants FitXDiet a non-exclusive, perpetual, and worldwide license to use, display, and market this content on the Platform.

7.3

Right of Use: The Service Provider may use the Platform solely for the purpose of providing services. It may not attempt to access, copy, or reverse-engineer the Platform's source code, or use the Platform for other purposes.

7.4
Infringement Indemnity:

If the content uploaded by the Service Provider infringes the intellectual property rights of third parties, all loss, damage, indemnity, court costs, and attorney's fees that FitXDiet incurs as a result are covered by the Service Provider.

7.5
Image and Photo Usage Permission (Explicit Consent):

While reserving its rights over all visual and audio content it uploads to the Platform — including profile photos, cover images, gallery images, and promotional videos — under Law No. 5846 on Intellectual and Artistic Works and Law No. 6698 on the Protection of Personal Data (KVKK), the Service Provider grants FitXDiet a free, non-exclusive, perpetual, and revocable usage permission to use this content for the following purposes:

  • Publication on the profile page on the Platform
  • Sharing on FitXDiet's social media accounts (Instagram, Facebook, LinkedIn, etc.) for promotional and marketing purposes
  • Use in digital and printed advertising materials
  • Inclusion in email newsletters and campaign content
  • Display in mobile application and website interfaces

This permission also covers technical adjustments such as resizing, cropping, color editing, or combining the content with the platform identity. FitXDiet may not use this content in a way that harms the Service Provider's personality or professional reputation.

Right of Withdrawal: The Service Provider may withdraw this usage permission if it terminates its Platform membership or provides written notice. In this case, FitXDiet removes the relevant content from publication within a reasonable period (30 days). Withdrawal of the usage permission does not eliminate liability arising from publications made during the period the agreement was in force.

By uploading images to the Platform and approving this agreement, the Service Provider is deemed to have explicitly granted the usage permission specified above. This clause constitutes a declaration of "explicit consent" under KVKK Article 5/1.

8

Privacy and Data Protection (KVKK)

8.1

Protection of Personal Data: The Service Provider undertakes to process the User data it accesses through the Platform (first name, surname, contact information, health information, etc.) in accordance with Law No. 6698 on the Protection of Personal Data (KVKK) and the provisions of the relevant legislation.

8.2

The Service Provider, with respect to Users' personal data:

May use them only for the purpose of providing services
May not copy or store them outside the Platform
May not share them with third parties
May not use them for marketing or other purposes
May not use them to establish off-platform communication
8.3

Confidentiality Obligation: The Service Provider may not share the Platform's technical details, trade secrets, business models, pricing strategies, and similar confidential information with third parties. This obligation continues for 5 (five) years even after the termination of the Agreement.

8.4
Special Categories of Data:

Users' health data fall within the scope of special categories of personal data. The Service Provider is obliged to process and protect this data in accordance with the additional security measures prescribed by the KVKK.

9

Prohibitions and Restrictions

9.1

The Service Provider may not carry out the following actions:

Off-Platform Transaction

Directing Users off the Platform to provide services or receive payment

Prohibited Communication

Communicating with Users outside the Platform (phone, WhatsApp, email, etc.)

Commission Evasion

Making fake cancellations, refunds, or manipulations to avoid the Platform commission

Fake Reviews

Creating fake accounts to write ratings or reviews for oneself

Defamation

Disparaging or slandering other Service Providers

Unauthorized Advertising

Doing unauthorized advertising or spam inside or outside the Platform

9.2
Non-Compete (During the Term of the Agreement):

During the term this Agreement is in force, the Service Provider may not actively provide services on platforms that directly compete with FitXDiet (similar online Fitness consultancy platforms). This provision does not restrict working independently through one's own website or social media.

9.3

Prohibition on Poaching Customers: The Service Provider may not attempt to provide services by drawing Users it acquired through the Platform off the Platform. This prohibition continues for 1 (one) year after the termination of the Agreement.

10

Liability and Indemnification

10.1

The Service Provider's Liability: The Service Provider is solely responsible for the content, quality, accuracy, and results of the services it offers through the Platform. The Service Provider is responsible for any claims, lawsuits, and enforcement proceedings directed at FitXDiet due to Users' complaints, dissatisfaction, or damages.

10.2

Indemnification Obligation: Any loss, damage, indemnity, penalty, court costs, and attorney's fees that FitXDiet incurs due to the Service Provider's breach of this Agreement, unlawful conduct, or faulty actions are covered immediately and in cash by the Service Provider.

10.3
The Platform's Limitation of Liability:

FitXDiet is not responsible for loss of profit, loss of business, loss of reputation, or indirect damages arising from the Service Provider's use of the Platform. FitXDiet's total liability under this Agreement may not exceed the total of payments made to the Service Provider in the last 12 months.

10.4

Third-Party Claims: Any claim directed at FitXDiet by third parties (including Users) due to the Service Provider's actions is notified to the Service Provider. The Service Provider is obliged to resolve these claims in its own name and on its own account.

11

Term and Termination of the Agreement

11.1

Duration: This Agreement enters into force on the date the Service Provider is accepted to the Platform and continues for an indefinite term.

11.2

Ordinary Termination: Either party may terminate the Agreement without giving any reason by providing 30 (thirty) days' prior written notice.

11.3

Immediate Termination for Just Cause: FitXDiet may terminate the Agreement immediately and unilaterally in the following cases:

Breach of the Agreement's provisions
Submission of forged or misleading documents
Loss of professional competence
An increase in User complaints or serious complaints
Conduct contrary to law or morality
Directing off the Platform or evading commission
KVKK and confidentiality breaches
11.4

After Termination: Upon termination of the Agreement;

  • The Service Provider's access to the Platform is closed
  • Ongoing services are completed or refunds are made to Users
  • Earned payments are made in accordance with the provisions of this Agreement
  • Confidentiality and KVKK obligations continue
11.5
Suspension:

FitXDiet may temporarily suspend the Service Provider's account in situations that require review or investigation. During the suspension period, no new sales can be made, but ongoing services continue.

12

Other Provisions

12.1

Amendments: FitXDiet may amend this Agreement at any time. Amendments enter into force 30 (thirty) days after they are announced on the Platform. If the Service Provider does not accept the amendments, it may terminate the Agreement within this period.

12.2

Prohibition of Assignment: The Service Provider may not assign the rights and obligations arising from this Agreement to third parties without FitXDiet's written consent.

12.3

Severability: The invalidity or unenforceability of any provision of this Agreement does not affect the validity of the other provisions.

12.4

Force Majeure: The parties cannot be held responsible if obligations cannot be fulfilled due to natural disasters, war, pandemic, legal regulations, internet outages, or events beyond the parties' control.

12.5

Notifications: All notifications under this Agreement are made to the parties' email addresses registered on the Platform. Unless a change of email is notified, notifications made to the existing address are valid.

12.6
Governing Law and Jurisdiction

This Agreement is subject to the laws of the Republic of Turkey.

For all disputes arising from the Agreement, the Istanbul Central (Çağlayan) Courts and Enforcement Offices have exclusive jurisdiction.

12.7

Entirety: This Agreement constitutes the entire agreement between the parties and supersedes all prior written or oral agreements.

12.8
Entry into Force:

This Agreement enters into force the moment it is approved electronically by the Service Provider. The Service Provider declares that it has read and understood the Agreement and accepts all of its provisions.

Have questions?

You can contact us for your questions about the expert application or the agreement.

info@fitxdiet.com Contact Form
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