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Membership and Service Agreement

Terms of use and membership conditions for the FitXDiet platform

Last Updated: 25 Temmuz 2026

Contents

1 Parties 2 Definitions 3 General Provisions 5 Scope of Service 6 Platform Terms of Use 7 User Information 8 Membership Acceptance and Termination 9 Intellectual Property 10 Other Provisions
1

Parties

This Membership and Service Agreement (hereinafter referred to as the "Agreement"), FitXDiet - Online Fitness Services Platform and its Web/Mobile Applications (hereinafter referred to as the "Platform").

FitXDiet

MDA Yazılım ve Teknoloji Hizmetleri Limited Şirketi

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

FitXDiet User

Individuals who will register with or visit the Platform

FitXDiet and the FitXDiet User shall hereinafter be referred to individually as a "Party" and collectively as the "Parties" in this Agreement.

2

Definitions

Platform
The FitXDiet website and/or mobile applications.
User
A natural person who uses the Platform as a member or visitor in order to benefit from the content available on it.
Trainer / Expert
Independent professionals who provide services through the Platform. (Service Provider)
Package / Program
Exercise programs, nutrition guides, coaching, and similar service content offered on a paid or free basis.
Third-Party Payment Institutions
PayTR, İyzico, and similar payment infrastructure providers.
3

General Provisions

3.1

Membership of the Platform is free of charge. Individuals wishing to become members of the Platform must approve this Agreement and provide the requested information accurately and up to date.

You must have reached the age of 18 to become a member.

The User is deemed to have accepted this Membership and Service Agreement the moment their membership is completed.

3.2

Entirely at their own discretion, the User may purchase packages for the following services through the Platform:

Exercise Programs

Personalized exercise programs and training videos prepared by personal trainers

Consulting via Messaging

Assessment and program creation services provided by experts through in-platform messaging

3.3

The Platform may contain informational content, exercise programs, recipes, videos, and various educational content prepared independently of FitXDiet by personal trainers.

FitXDiet does not guarantee the accuracy, scientific validity, or applicability to everyone of this content. Responsibility for the content lies entirely with the relevant Service Provider.
3.4
Important Notice:

None of the content on the Platform constitutes medical diagnosis, examination, or treatment advice. FitXDiet does not aim to recommend or steer any product, diet model, treatment method, or exercise system. All content is for informational purposes only.

3.5

The services provided through the Platform by Trainers are solely consulting via in-platform messaging, creating personalized exercise programs services. These services do not constitute healthcare and are entirely for informational and personal development purposes.

4

Personal Trainer Service Terms

4.1

Based on the answers given to various question sets so that the User can apply personalized filtering, FitXDiet may list personal trainers that may be suitable for the User's needs and goals. The User may purchase a service or package by choosing whichever they wish from among the experts displayed on the Platform.

4.2

The fees payable by the User for the program creation, assessment via messaging, and consulting services offered by personal trainers are clearly stated on the Platform according to the package type.

The User makes the payment through FitXDiet at the moment of purchase; no separate payment needs to be made to the experts.
4.3

The User may purchase whichever package they wish for personal trainer services. Purchased packages remain valid until the program is delivered.

Once the program has been delivered, the service is deemed to have been used and no refund is made. Furthermore, once 30 days have passed from the purchase date, the right of withdrawal expires even if the program has not been delivered.
4.4
Right of Withdrawal

The User has the right of withdrawal within 30 (thirty) days of the purchase date, provided that the program has not yet been delivered (the personal information form has not been filled in) and the service has not been used at all. FitXDiet offers a withdrawal period longer than the legal minimum.

If the right of withdrawal is exercised, the payment made by the User is refunded in full within 7 (seven) days of the date the notice reaches FitXDiet.

Important: Once 30 days have passed from the purchase date, the right of withdrawal expires even if the personal information form has not been filled in. After this period, the expert has the right to request payment.

4.5

The cancellation, refund, and modification conditions for Personal Trainer services are stated separately on the Platform. By purchasing a service, the User is deemed to have accepted these conditions.

4.6

The relevant Personal Trainer is personally responsible for the content of the informational and consulting services offered through the Platform. FitXDiet makes no commitment regarding the professional competence of service providers, the service content, or its results; experts bear their own responsibilities under the applicable legislation.

4.7
Live Lesson Service

During the package purchase or later while the program is active, the User may additionally purchase live lesson credits with a capacity of 1, 4, or 8 lessons as an add-on. A live lesson is a 45-minute one-on-one online audio and video meeting service between the User and the Service Provider.

  • Meetings are conducted end-to-end encrypted over a third-party real-time communication infrastructure (Agora.io).
  • No recording is made by FitxDiet or Agora; no audio/video content is stored.
  • Purchased live lesson credits can only be used with that specific Service Provider; they cannot be transferred to another trainer.
  • Live lesson rights are valid throughout the validity period of the program to which they belong.
4.8

Live Lesson Scheduling and Cancellation:

  • The User proposes a date and time from the "My Live Lessons" page; the Service Provider approves it or proposes an alternative.
  • A cancellation made by the User at least 12 hours before the lesson time does not result in loss of the credit.
  • In cases of cancellations made within 12 hours or failure to attend the lesson (no-show), the lesson credit may be considered used.
  • For lessons cancelled by the Service Provider or that cannot be held due to a technical failure, the User's credit is preserved.
4.9

Live Lesson Recording Prohibition: The User accepts and undertakes that they will not record the live lesson meeting by audio/video recording, screen recording, screenshot, or an external device without the Service Provider's express written consent, and will not share it with third parties, publish it, or store it.

Actions contrary to this prohibition give rise to legal and criminal liability under Law No. 6698 (KVKK), Article 24 of the Turkish Civil Code No. 4721, Article 49 of the Turkish Code of Obligations No. 6098, and, depending on the case, Articles 134-136 of the Turkish Penal Code No. 5237.
4.10

Live Lesson Refund Conditions:

  • If the User has not yet held any live lesson and cancels their program, unused live lesson fees are included in the refund along with the program fee; active (scheduled / requested) sessions are automatically cancelled.
  • If the User has completed one or more live lessons associated with the program (a meeting that has received the "Completed" status in the system), the program cancellation and refund request are not accepted, since personalized performance of the service has begun.
  • For the refund of unused live lesson credits purchased independently of a program, there is a 14-day application period from the purchase date.
4.11

Health Declaration and Responsibility: The User is obliged to inform the Service Provider accurately and completely of their current health condition, injuries, medication use, and physical/mental limitations. FitxDiet and the Service Provider cannot be held liable for damages arising from the User's false or incomplete declaration. Information and advice given as part of a live lesson do not replace medical diagnosis, treatment, or treatment advice; for serious health problems, a physician's opinion should be sought first.

5

Scope of Service

5.1

FitXDiet is a marketplace platform that brings together the User and the Service Provider.

5.2

FitXDiet does not directly provide exercise program services to the User; it merely acts as an intermediary.

5.3

The Service Provider is exclusively responsible for the content of the service.

5.4

FitXDiet reserves the right to unilaterally change and update any content, feature, price, package scope, and Agreement provision on the platform.

5.5

The User agrees to regularly follow the Platform in order to stay informed of changes.

5.6

The exercise, sports, motivation, and lifestyle recommendations offered through the Platform are not medical diagnosis, treatment, or a health intervention.

5.7

FitXDiet and Service Providers do not make a medical diagnosis regarding the User's health condition and do not administer treatment.

5.8
The User acknowledges that they must consult a doctor when they have a health problem.
5.9

The meal plans and recipes on the Platform — including free/ready-made programs such as the "FitXDiet 30-Day Starter Program" — are of a general guiding nature.

The User agrees that they will not use/consume any food to which they are allergic or intolerant, and that it is their own responsibility to replace ingredients with alternatives that are safe for them when necessary, and to consult a physician/dietitian in the event of a food allergy, chronic illness, pregnancy, or special dietary need.
5.10
The User agrees that they will avoid movements and exercises that could adversely affect their health; that they will not perform the relevant movement in case of injury/discomfort; that they will stop immediately if they feel pain or discomfort during exercise; and that they perform the training content according to their own physical capacity, at their own risk and responsibility.
6

Platform Terms of Use

6.1

The User pays the fee for all packages and services purchased through FitXDiet in advance. Payment transactions are carried out securely through third-party payment providers.

6.2

The User has the right of withdrawal within 30 (thirty) days of the purchase date, provided that the service has not been used at all (the personal information form has not been filled in and the program has not been delivered). When the right of withdrawal is exercised, the payment is refunded in full within 7 days. Upon expiry of the 30-day period, the right of withdrawal ends even if the form has not been filled in.

6.3

Packages purchased by the User are valid until the program is delivered. Once the program has been delivered, the service is deemed to have been used and no refund is made. Furthermore, once 30 days have passed from the purchase date, the right of withdrawal ends even if the program has not been delivered, and the expert becomes entitled to request payment.

6.4

The Platform may contain links redirecting to third-party websites. FitXDiet is not responsible for the content or services on these sites or for the security of these sites. The User accesses these sites at their own risk.

6.5

The User agrees not to use the Platform in any of the following ways:

In a manner that disrupts public order
In a manner contrary to public morality
In a disturbing or harassing manner
In an unlawful manner
In a manner that infringes the intellectual and industrial property rights of third parties
6.6

The User agrees not to claim compensation from FitXDiet for any material or moral damage that may arise from their use of the Platform.

6.7

The User agrees not to gain unauthorized access to or use data belonging to other users, experts, or FitXDiet. Otherwise, all legal and criminal responsibility lies with the User.

6.8

When the User purchases a service on behalf of a minor or a person under legal incapacity for whom they are the legal representative, they agree that they are fully responsible for the accuracy of the information provided, for obtaining the necessary consents, and for the disclosures.

6.9

Community (Social Area) Use: The Platform includes a community area where users can share posts, comments, photos (including before/after), polls, and similar content. The User agrees that they are solely responsible for all content they share in the community, and that they will not share content that involves hate speech, harassment, or bullying, that is obscene/violent, illegal, misleading, or carries dangerous health/diet claims, that infringes copyright or personal rights, or that is spam. FitXDiet applies zero tolerance to objectionable content and behavior; it reserves the right to moderate content before or after publication, remove it, and suspend/expel the account of a user who violates the rules. The User may report content and other users (reports are reviewed within 24 hours at the latest) and may block disturbing users. Community posts reflect user opinion and do not replace medical or professional advice. Detailed rules Terms of Use can be found in the "Community Rules and User Content (UGC)" section of the document.

7

FitXDiet User Information

7.1

To become a member of the Platform, first name, last name, email address, phone number and information confirming that the person is of legal age must be stated accurately on the membership form.

The FitXDiet User accepts and undertakes that all personal and other information they provide before starting to use the Platform is accurate, that they will keep this information up to date, and that they will immediately compensate FitXDiet for any damage that may arise from the information being untrue.

If it is determined that the information provided by the User is not accurate or up to date, FitXDiet reserves the right to terminate this Agreement immediately.
7.2

FitXDiet is not a healthcare provider. Service Providers are independently working professionals; they are not employees, representatives, or agents of FitXDiet.

7.3

The User may pay the service fee through the Platform. Payments made through the Platform are carried out via intermediary payment institutions authorized to operate under Law No. 6493. If no payment is made, the purchase is deemed not completed.

7.4
As part of paying the service fee, none of the credit card details provided by the User are stored by FitXDiet.
7.5

FitXDiet Users may rate and review the consulting or training services they receive on the Platform. These reviews may be viewed by other users, provided they comply with the legislation.

7.6

Messages between the User and the Trainer are accessible only to the relevant service provider. The User agrees not to use expressions contrary to law, morality, and general courtesy in this correspondence.

7.7

The User may not open an account on behalf of someone else, share another person's data without permission, or send any unlawful content through the Platform.

7.8

The User agrees not to use the following content in any of their communications within the Platform:

Insults, slang
Discriminatory, aggressive expressions
Pornographic content
Threatening, violent expressions
Spam or advertising content
7.9

The User agrees not to share the password they use to access the Platform with third parties, and that all transactions carried out with their username and password shall be deemed to belong to them.

7.10

In the event that the User violates this Agreement in any way, all legal and criminal responsibility lies with them. If FitXDiet suffers any damage due to these violations, the user agrees to immediately compensate the damage.

7.11

FitXDiet cannot be held liable as an employer for the conduct, service content, performance, or consulting provided to the user by Service Providers.

7.12

Service Providers are entirely responsible for their own professional responsibilities.

8

Membership Acceptance and Termination

8.1

The User accepts, declares, and undertakes that, while using the Platform, they will act in accordance with the provisions of this Agreement, all current and/or future updated terms of use of the Platform, and the applicable legislation.

8.2

The User may not use the FitXDiet Platform in a manner contrary to law, the rules of good faith, and public morality, particularly in the following cases:

Using the Platform to create, control, update, or modify a database, record, or directory on behalf of any person

Using all or part of the Platform for the purpose of tampering, altering, or reverse engineering

Opening an account with false information or with information belonging to another person, or creating fake user profiles

Copying in-platform messages or shared content without permission, sharing them with third parties, or publishing them on other channels

Manipulating the review and rating areas, or attempting to unfairly influence the ratings of consultants/trainers

Spreading viruses, malware, or similar technologies that could harm the Platform or the Platform's database

8.3

In the event that the User acts contrary to this Agreement, the FitXDiet terms of use, or the applicable legislation, FitXDiet may, entirely at its own discretion:

Temporarily or permanently block the User's access to the Platform
Terminate the User's membership immediately and unilaterally
8.4

The User may terminate their Platform membership at any time using the "Cancel Membership / Delete Account" option within their account.

8.5

Even if the membership ends for any reason, responsibility for all transactions the User carried out during their membership, the messages they sent, the comments they made, and all activities they performed through the Platform lies exclusively with the User.

8.6

The User is exclusively responsible for all photos, messages, and comments they upload and the information they transmit.

8.7

The User may not share any content that is unlawful, threatening, obscene, or that infringes copyright.

8.8

FitXDiet has the right to remove inappropriate content and terminate the user's account.

9

Intellectual Property

9.1

The Platform belongs to FitXDiet. The ownership of all information, texts, images, videos, logos, graphics, designs, trademarks, slogans, interfaces, software code, and all content that may fall within the scope of intellectual and industrial property, including but not limited to these, on the Platform belongs to FitXDiet and/or to third parties from whom FitXDiet has lawfully obtained a license to use.

9.2

Unauthorized modification, copying, reproduction, publication on other channels, sharing, storage, processing, or commercial use of the Platform or its content ("Prohibited Activities") is strictly forbidden.

The FitXDiet User accepts, declares, and undertakes that they will in no way engage in Prohibited Activities; otherwise, they will compensate all damages FitXDiet incurs in cash and immediately upon first request.
9.3

The FitXDiet User acknowledges that all software, designs, algorithms, data models, features, and systems on the Platform, and all information, methods, and ideas relating to them, are trade secrets and/or proprietary information belonging to FitXDiet. In this context, the User:

i

Shall not attempt to modify, adapt, transform, decompile into source code, reverse engineer, disassemble, copy, or render into a human-perceivable form any part of the Platform.

ii

Shall not attempt to disclose, copy, publish, sell, transfer, lend, or distribute in any way all or part of the Platform to third parties (except where expressly authorized by FitXDiet).

iii

Shall not attempt to create derivative works relating to the Platform without FitXDiet's written permission.

9.4

The FitXDiet User accepts and undertakes that they will not use, share, or reproduce all or part of the Platform or its mobile application in another environment without FitXDiet's express written permission.

10

Other Provisions

10.1

From the date this Agreement enters into force, the Parties shall maintain the confidentiality of all information, documents, and data ("Confidential Information") they learn and obtain in connection with the Agreement, and shall use this information only for the purpose of fulfilling the obligations under this Agreement or where required by legislation, and shall not disclose it to third parties.

FitXDiet processes, stores, and shares data belonging to the User only in accordance with the legislation.

10.2

The Parties shall process, store, and secure any personal data ("Personal Data") processed or obtained under this Agreement within the framework of the Personal Data Protection Law No. 6698 ("KVKK") in particular, the relevant secondary regulations, and the decisions of the Personal Data Protection Board.

10.3

The transaction records of the FitXDiet User on the Platform are stored within the framework of the legislation. When necessary, these records can be accessed only by authorized official institutions.

The User may review the following documents for detailed information:

Privacy Notice Privacy Policy Cookie Policy
10.4

FitXDiet is under no obligation to pay any compensation to the User in any way. The User acknowledges that they assume all risks arising from their use of the Platform.

10.5
Jurisdiction

This Agreement is subject to Turkish law. All disputes arising from the application of the Agreement fall exclusively within the jurisdiction of the Istanbul Central (Çağlayan) Courts and Enforcement Offices.

However, this provision does not eliminate the User's right to apply to the Consumer Court or the Consumer Arbitration Committee.

10.6

This Agreement may be updated from time to time by FitXDiet. FitXDiet may unilaterally change the Agreement provisions, policies, services, and terms of use by announcing them on the Platform. Changes take effect on the date they are announced. The invalidity of any provision of the Agreement does not affect the other provisions.

10.7

The accuracy and currency of the information in the membership account are the User's responsibility. The User should not share their account information with third parties.

10.8

The User agrees that, while using the Platform, they will not use viruses, malware, bots, automation, or similar tools that could harm the technical infrastructure, and that they will keep the necessary protective software on their device. FitXDiet has no responsibility in the event that the User's device is infected with a virus or suffers another technical damage.

10.9

All notifications to be made under the Membership Agreement are sent to the email address and phone number the User has stated on the Platform, or sent as an SMS/push notification. Unless the User changes their contact details, notifications made using the existing information are deemed valid.

10.10

The User may not transfer their rights and obligations under this Agreement to third parties without FitXDiet's written approval.

10.11

Force Majeure: Covers natural disasters, fire, earthquake, war, state of emergency, internet and infrastructure outages, legal regulations, pandemic, or other events beyond FitXDiet's control. In the event of force majeure, FitXDiet cannot be held liable for failing to fulfill its obligations.

10.12
This Agreement enters into force as of the moment it is approved electronically by the User.
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