Terms and Conditions Application BenFit

Article 1. Definitions

1.1. Maker: the enterprises, registered under number 51578484 (BenFit) at the Dutch Chamber of Commerce, also
the counterparty in the agreement and user of these Terms and Conditions.
1.2. User: a User of the Application including the Program and/or Material.

1.3. Material: the materials supporting the Program, including but not limited to: texts, drawings, analyses, reports,
the databases and computer software.
1.4. Application: application of the log-in area including the Program and/or Material of the Maker to which these
Terms and Conditions apply.

1.5. Parties: User and Maker together.
1.6. Program: the developed Program by the Maker that enables a User to use a nutrition program or the contained
nutrition program by itself.

Article 2. Use of the Application

2.1 To use the Application, the User needs to be registered by creating a personal account with an email address
and password.
2.2 User is only allowed to use the Application in the capacity of a gym, coach, dietician, personal trainer, nutrition
consultant or other (nutrition) coach. When the User uses the Application without registering, the use is
entirely at User’s own risk and every and any claim from the User to the Maker is invalid for every and any
2.3 Use of the Application is strictly personal. Maker guarantees in no way that use of the Application is suitable
for more than one User at the same time, at least that results by User can be shared with other Users or third

Article 3. License and intellectual property rights

3.1 User acquires for the duration of the use of the Application a non-exclusive, non-transferable and by Maker
immediate revocable right of use for the Application and the therein included Material. This with respect to
the terms and restrictions of present Terms and Conditions. The User is prohibited from provide third parties
with the Material or letting third parties use the Material.
3.2 The intellectual and industrial property rights on the Material explicitly remain the property of the Maker and
the right of use thereof is subject to Maker and her licensors. Maker has the exclusive right to disclosure or
multiplication of the Material and User only has the right of use of it conform article 3.1 of these Terms and
3.3 User is prohibited from multiplying, copying, deriving other products for own use of (parts of) the Application
and the therein included Material that Maker provides.
3.4 When the obligations in this article are violated by the User, the User forfeits an immediately due and payable
fine, not open for judicial moderation amounting to € 2.500,00, not affecting the right of the Maker to claim
compensation on any grounds whatsoever.

Article 4. Guarantees and liability

4.1 Although the Program and the Material are developed with the greatest care, the Maker does not guarantee
that the Program and Material are without fault and/or omissions. Maker is unfamiliar with the goal of User
for the use of the Program and the Material. Therefore, Maker does not guarantee that the Program and
Material are suitable for the goal for which User wants to use the Program and Material.
4.2 Maker is never liable towards User for damages, direct or indirect, to persons or things, for whatever cause
except to the extent that Maker explicitly recognizes liability, or these are a direct consequence of intention or
gross negligence of Maker. Maker is never liable towards User for damages, direct or indirect as a consequence
of oral or written advice or provided information about Program, except to the extent that Maker explicitly
recognizes liability, or these are a direct consequence of intention or gross negligence of Maker.
4.3 User indemnifies Maker for every and any claim of third parties for compensations which are (also) a
consequence of not fulfilling obligations by User as these Terms and Conditions specify, or any attributable act
or omission by User.
4.4 The provisions of this article as well as every other restrictions, limitations and exclusions of liability as
mentioned in these Terms and Conditions are in favour of all legal entities which Maker uses in the execution
of the agreement. This also applies to any agents, resellers, resellers and the like that Maker uses.

Article 5. Data User

5.1 User authorizes Maker to process, store and use information provided by User. This is includes, but is not
limited to, personal information, used nutritional programs and feedback.

Article 6. Updates

6.1 Maker keeps the right to change, edit, update, or cancel the Application without prior notification. Maker is
not liable for any damage this change, edit, update, or cancellation results in.
6.2 The use of a deprecated version (unchanged, unedited, not updated) of the Application by User is entirely at
User’s own risk and in that case any and all claims from User to Maker are void.

Article 7. Other provisions

7.1 On the Application and everything related to it, only Dutch law applies. Disputes arising from the use of this
Application are submitted to the court in the district where Maker has its headquarters.
7.2 In the case of a dispute, the Party raising the issue will declare in writing to the other Party, that there is a
dispute, as well as a summary statement of what in the opinion of that party is the subject or the dispute.
7.3 If and insofar as a provision in these Terms and Conditions is destroyed or declared null and void, other
provisions remain in force undiminished. In this case, Maker will draw up a new provision in which the purport
of the invalid / annulled provision will be observed as much as possible.