Terms of Use
These Terms of Use govern access to and use of Huppa OS, an operating system for gyms and studios developed and made available by Huppa B.V., located in Amsterdam, the Netherlands, and registered with the Dutch trade register under number 92363067 (Huppa, we, us or our), accessible through our current or future mobile applications or websites (the App). The App enables (i) gyms and studios to manage and deliver their Services (as defined hereinafter); and (ii) gym and/or studio members to discover, book, and attend sports, health and fitness activities, including sessions, workouts and classes (the Services). Gyms, studios and their users and gym and/or studio members are hereinafter collectively referred to as Users.
1. Applicability
These Terms of Use govern the manner in which the App may be accessed and used. Users are required to review these Terms of Use prior to accessing or using the App. By downloading, accessing, or using the App, Users expressly agree to be bound by these Terms of Use and our Privacy Policy.
2. Age requirements
Users must be at least 16 years (or the age of digital consent applicable in their jurisdiction) to use the App. Users under the age of 16 must obtain the express permission and consent of a parent or legal guardian prior to accessing or using the App.
3. Account and User requirements
Users shall provide accurate and current information when setting up an account. Users are solely responsible for maintaining the security of their account credentials and shall keep such login details secure. Users shall comply with these Terms of Use and all applicable laws when using the App. Huppa reserves the right to suspend or terminate accounts that fail to comply with these requirements.
4. Huppa’s role
Huppa provides the App as a intermediary platform that connects all Users. Huppa is not a party to any agreements formed between Users. When Users book a Service, they enter into a direct contractual relationship with the relevant gym or studio, subject to bookings are the gym or studio's general (booking) terms (including price, location, time, and cancellation policy). Huppa has no responsibility or liability under such agreements and acts solely as an intermediary platform connecting all Users.
5. Prices, payments, and taxes
5.1 For gym or studio members: when purchasing and booking a Service via the booking widget of the gym or studio or through the App, all pricing details shall be provided at checkout. Pricing includes any taxes and charges set by the relevant gym or studio. Where a Service is recurring, this shall be indicated during the checkout process. Huppa will generate an invoice for the Service. For purchases made via the booking widget, the invoice shall be attached to the confirmation email. For purchases made via the App, all current and past invoices may be accessed in the settings of the User's profile. All payment transactions are processed securely by our third-party payment service provider, Mollie. By making or receiving payments through the widget or the App, Users agree to be bound by Mollie’s terms and conditions. For security purposes, Huppa does not store payment card details
5.2 For Gyms and Studios: by using the App, gyms and studios authorize Huppa and its payment provider, Mollie, to process non-recurring and recurring payments from their members based on the payment consent established between the gyms or studio and their members. Huppa, acting through Mollie as a third-party payment provider, serves as the payment processor to facilitate transactions on behalf of the gym or studio. Mollie shall remit earnings to gyms and studios net of transaction fees and any necessary adjustments including but not limited to chargebacks and retries. All payout reports are accessible through the Mollie dashboard. Huppa shall provide invoices for all transaction fees withheld from earnings. Gyms and studios remain responsible for their tax filings and tax payments to the relevant tax authorities.
6. Cancellations, no‑shows, and refunds
Each booked Service is subject to the specific cancellation, no-show and refund policy established by the relevant gym or studio as set forth in their general terms and conditions. Gym and studio members are advised to review the applicable gym or studio’s general terms and conditions prior to purchasing or booking any Service. In the event a gym or studio cancels a booking, such gym or studio should inform the relevant gym or studio member(s) of the consequences thereof and the respective rights. Notwithstanding any other provision herein, gym members who are consumers may possess specific withdrawal rights under applicable consumer protection laws; provided, however, that Services scheduled for specific dates may be excluded from such rights pursuant to applicable law (such as Article 16(l) of the EU Consumer Rights Directive).
7. Acceptable use
Users agree to: (i) conduct themselves respectfully towards other members, trainers and staff of the gyms and studios served through the App; (ii) act with integrity and refrain from attempting to circumvent fees, submitting fraudulent reviews, or engaging in any other dishonest conduct; and (iii) use the App solely for its intended purposes. Huppa reserves the right to remove content, suspend or terminate accounts that violate these provisions.
8. User content and reviews
Users may submit content including reviews, messages, and photographs through the App, subject to applicable privacy guidelines. Users retain all ownership rights in their content. By submitting content, Users hereby grant to Huppa a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and display such content for the purposes of operating, improving, and promoting the App, including for marketing purposes where legally permitted. Users may delete their content at any time; provided, however, that backup copies may be retained temporarily for technical and operational purposes. Huppa reserves the right to moderate, remove, or restrict content as necessary to maintain the integrity and appropriateness of the platform.
9. Intellectual property; license to use the App
The App and all associated content, features, and functionality are owned by Huppa and its licensors and are protected by intellectual property rights including copyright, trademark, and other proprietary rights. Huppa hereby grants to Users a limited, non-exclusive, non-transferable, revocable license to access and use the App solely for personal or internal business purposes. Users shall not copy, modify, distribute, sell, lease, or reverse engineer any part of the App or its content without Huppa's prior written consent, except as expressly permitted by applicable law.
10. Changes; availability
Huppa reserves the right to modify, update, add features to, or temporarily suspend the App for maintenance, updates, or other operational reasons. Huppa shall endeavor to provide Users with advance notice of changes that materially affect User experience where reasonably practicable. While Huppa shall make commercially reasonable efforts to ensure the App's availability and proper functioning, the App may be temporarily unavailable due to third-party service provider limitations or other technical issues. In such events, Huppa shall inform the gym or studio in a timely manner and use reasonable efforts to restore availability.
11. Warranties and disclaimers
The App is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.
12. Limitation of liability
Huppa shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunity, or goodwill, whether arising in contract, tort, or otherwise. Huppa's total aggregate liability arising out of or relating to these Terms of Use or the App shall not exceed the greater of (i) the amounts paid by the User to Huppa in the 12 (twelve) months preceding the claim, or (ii) EUR 100. Provided that nothing in these Terms of Use shall exclude or limit Huppa's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
13. Term
These Terms of Use shall remain in full force and effect for so long as Users access or use the App.
14. Communications and notifications
Huppa shall transmit important updates and notices regarding the App via email. Additionally, Huppa shall send notifications concerning booked Services, including reminders prior to scheduled bookings and notifications regarding waitlisted bookings. Users may adjust their email and notification preferences within the App as described in the Privacy Policy.
15. Changes to these Terms of Use
Huppa reserves the right to modify these Terms of Use from time to time to comply with legal requirements or for other legitimate business reasons. Modified Terms of Use shall be posted in the App or on the website with an updated "Last Updated" date. For material changes, Huppa shall provide reasonable advance notice. Continued use of the App following the posting of modified Terms of Use shall constitute acceptance of such modifications.
16. Governing law and dispute resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the competent courts of Amsterdam, the Netherlands. Notwithstanding the foregoing, where the user is a consumer, such user may have the right to bring proceedings in the courts of their country of residence in accordance with applicable consumer protection laws, which rights are expressly reserved.
17. Contact and complaints
For questions, concerns, or inquiries regarding the App or these Terms of Use, Users may contact Huppa at support@huppa.app. Huppa shall address User inquiries and resolve any issues that may arise in connection with the App's functionality or performance.