Terms and Conditions

Through the online platform DANA ONEtoONE FITNESS, different fitness services (referred to above and hereinafter collectively as "Services/Products" or individually "Service/Product") are presented and sold as follows:

Suggested meal plan, created based on fundamental fitness and nutrition principles, to support the efforts of physical training and help achieve goals;
Training plan with pre-recorded video support, depending on the Client's level and goal, also accompanied by a PDF with all the information;
Chatbot and FAQ;
Client's progress record and journal.

4.1. The Services/Products made available to the Client on the DANA ONEtoONE FITNESS online platform are offered as follows:

Customized meal plans.
Pre-recorded training videos.
Progress tracking features.
Shopping list with foods from the meal plan.
Relevant additional information.

4.2. Digital service functionality and content protection:

Digital content functionality: The digital content of the services offered by dana1to1fitness.com is designed to ensure an optimal experience for users. This includes personalized nutrition and training plans, educational resources, and other additional services. Functionality is ensured through periodic updates and by maintaining a robust technical infrastructure that allows continuous and secure access to all services.
Compatibility and interoperability: The digital content and services of dana1to1fitness.com are compatible with most modern devices, including mobile phones, tablets, and computers. Additionally, the platform is designed to be interoperable with various operating systems and browsers, thus ensuring broad accessibility for all users.
If users encounter difficulties using the platform on a specific device, the technical consultant can provide information on specific compatibility with that device and suggest technical solutions for optimal performance.
In case of technical issues related to the platform's functionality, users can contact the technical support team at support@dana1to1fitness.com for assistance. This may include issues related to account access, page loading problems, or errors encountered while using the services. Compatibility and interoperability of the platform with various devices (phone, tablet, web).
Updates and maintenance: The technical team can provide details about planned platform updates, maintenance periods, and how these may affect access to digital services. This information is essential to ensure an uninterrupted user experience.

The Services/Products and the DANA ONEtoONE FITNESS online platform are intended for end consumers only at retail and can be used by the Client only for personal, non-commercial purposes and in accordance with the intended purpose for which they are offered.

HILL is entitled to complete, modify, or remove at any time the range of Services/Products available on the DANA ONEtoONE FITNESS online platform and the data regarding Services/Products, considering that these aspects are not mandatory.

HILL is not responsible to the Client or any third party for any modification, price change, suspension, or interruption of the Service/Product.

The photos regarding Services/Products do not always match the image of the Services/Products made available, and the Client waives any claims regarding the modifications made.

The Services/Products are made available to the Client for the entire period of exposure on the DANA ONEtoONE FITNESS online platform.

The Service/Product will be used by the Client in accordance with its destination, only for the contractual period established by the Parties and in accordance with the usage instructions.

HILL is obliged to provide the Client with information about the Services/Products sold on the DANA ONEtoONE FITNESS online platform. In this regard, the Client can contact HILL at the phone number (+40 733 969 775), Monday-Friday: (09:00) – (18:00).

The Client agrees to use the Services and the DANA ONEtoONE FITNESS online Platform (the application and services) only in a manner that does not violate the DANA ONEtoONE FITNESS Terms and Conditions, applicable law, or the rights of third parties.

The Client has, in particular, the following prohibitions:

to modify, adapt, translate, edit, decompile or attempt in any other way to identify the source code of the application or the DANA ONEtoONE FITNESS online Platform;
to access the source code of the application or the DANA ONEtoONE FITNESS online Platform in any other way or disclose it to anyone;
to transfer the application to third parties, grant a sublicense, pledge, lend, rent, sell, or distribute it commercially;
to create, edit or sell new works based on the application or the DANA ONEtoONE FITNESS online Platform;
to provide or transfer the user/Client account and/or access data to the user/Client account to third parties or allow a third party to use the Services or the DANA ONEtoONE FITNESS online Platform through their own user/Client account;
to use the application, Services, or DANA ONEtoONE FITNESS online Platform on more than 2 (two) devices;
to harass, abuse, insult, harm, defame, slander, denigrate, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to provide false or misleading information;
to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services, the DANA ONEtoONE FITNESS online Platform, or any associated websites;
to collect or analyze personal information/data of others;
to send spam, steal identities or data from others, or steal confidential data;
to use the Services or the DANA ONEtoONE FITNESS online Platform for obscene or immoral purposes.

HILL reserves the right to suspend the Client's use of the Services, the DANA ONEtoONE FITNESS online Platform, or any associated websites for violating the above provisions.

The Client agrees to promptly notify HILL at support@dana1to1fitness.com if they detect any unauthorized use of the Services, the DANA ONEtoONE FITNESS online Platform, or any associated websites by a third party, and the Client will take all reasonable steps to stop the unauthorized use. HILL’s liability cannot be invoked if the Client fails to fulfill the above notification obligation.

In order to access and use the Services and/or the DANA ONEtoONE FITNESS online Platform, it is required, in advance, that the Client registers and makes payment for the Services ordered. The registration made by the Client involves creating a personal account for the Client on the DANA ONEtoONE FITNESS online Platform (referred to hereinafter as the "Client Account"), exclusively intended and used by the Client.

HILL may provide the Client with the option to fully or partially try/test the content of the DANA ONEtoONE FITNESS online Platform or Services for a limited period of time. Unless explicitly stated otherwise, there is no right to a free trial. For clarity, HILL has the option (but not the obligation) to offer the Client the possibility to try/test the DANA ONEtoONE FITNESS online Platform or Services for free, subject to the Terms and Conditions of DANA ONEtoONE FITNESS and other rules and regulations set by HILL.

The Services/Products sold on the DANA ONEtoONE FITNESS online Platform are exclusively for individuals over 18 years of age. Upon registration on the DANA ONEtoONE FITNESS online Platform and/or placing an order for the selected Services, the Client declares under their own responsibility that they are over 18 years old.

Registration and use of the Client Account is permitted only for one person. The use of the Client Account by individuals other than the registered Client is excluded and prohibited.

The Client agrees to provide and complete true and complete information during registration, i.e., when creating the Client Account, and to keep it updated throughout the duration of the Contract by modifying or notifying HILL in writing. HILL’s liability cannot be engaged if the Client does not provide true and complete information.

The Client is obliged to keep the access data of their Client Account confidential and not disclose it to third parties, as well as to notify HILL without delay if the Client notices any misuse. HILL’s liability cannot be engaged if the Client Account is accessed abusively by other persons.

To purchase the Service/Product, the Client follows the operational steps requested on the DANA ONEtoONE FITNESS online Platform, as follows:

Complete the form with the Client's details and information to create the Client Account;
Read the information regarding the description and characteristics of the Services/Products and select the desired Service/Product;
Read the Terms and Conditions of DANA ONEtoONE FITNESS as well as the Privacy Policy, confirming their knowledge and acceptance by checking the box "I have read and agree with the Terms and Conditions of DANA ONEtoONE FITNESS and the Privacy Policy";
Read the provisions regarding the Right of Withdrawal mentioned in the Terms and Conditions of DANA ONEtoONE FITNESS [see below Article 15], confirming their knowledge and acceptance by checking the box "I hereby request immediate execution of the contract and agree that I will lose the right of withdrawal";
Complete the form with the necessary data to authorize the transaction in the STRIPE payment platform for paying the price of the ordered Service/Product;
Activate/press the "Continue and Purchase Program" button to finalize and submit the order and make the payment for the price.

The Client agrees to complete the data and information accurately, completely, and without errors, checking their correctness before placing the purchase order. HILL's liability cannot be engaged if the data is filled out incorrectly or incompletely by the Client.

The Client agrees to read the Terms and Conditions of DANA ONEtoONE FITNESS, the Privacy Policy, and the Cookie Policy, as well as other rules published on the DANA ONEtoONE FITNESS online Platform before pressing/activating the "Continue and Purchase Program" button.

After pressing/activating the "Continue and Purchase Program" button, the Client sends a purchase order for the Services/Products selected by the Client. By pressing/activating the "Continue and Purchase Program" button, the Client confirms that they are aware of and unconditionally accept the characteristics, prices, quantities, Delivery Terms of the selected Services/Products, as well as the "Terms and Conditions of DANA ONEtoONE FITNESS," "Privacy Policy," and "Cookie Policy."

Where applicable, HILL has the right not to accept the Client's order (for example, but not limited to: if the data/information provided by the Client is incomplete or incorrect, HILL has doubts regarding the seriousness of the order, etc.). In this case, HILL will attempt, but is not obliged, to inform the Client about the reasons for the non-acceptance of the order.

HILL reserves the right to cancel orders for Services/Products displayed on the DANA ONEtoONE FITNESS online Platform due to technical errors, or when, due to certain technical errors, the characteristics or prices of the respective Services/Products are evidently incorrect/derisory.

The Client's order is considered accepted by HILL at the moment of confirmation, based on a message sent via email, by HILL acknowledging the Client's order (hereinafter referred to as the "Order Confirmation").

HILL sends the Order Confirmation to the Client's email address provided when creating the Client Account. HILL is not responsible for incorrect email addresses provided by the Client or if the Order Confirmation is not received by the Client. The message containing the Order Confirmation includes information regarding the order, such as the ordered Service/Product, the paid Price, the payment method for the Price, delivery conditions, confirmation of the Client's prior express agreement for execution during the withdrawal period, and confirmation that the Client acknowledges they will lose the right of withdrawal.

Immediately upon receiving the Order Confirmation, the Client will review the data and information in the message and, if applicable, will request HILL to correct them if they are not correct. The Client will request HILL to rectify incorrect data/information within 2 (two) business days from the receipt of the Order Confirmation at the email address: suport@dana1to1fitness.com.

HILL will not be obligated to perform any contractual obligations if the execution of such obligations would involve violating legal provisions (e.g., fraud, etc.).

In accordance with the provisions of the Emergency Ordinance no. 34/2014, if the Client wishes the performance of the Contract to begin during the withdrawal period, HILL hereby requests the Client to submit an explicit request in this regard (the "Explicit Request/Agreement") and to confirm that they are aware that, once the Contract has been fully performed by HILL, the Client will no longer have the right of withdrawal (the "Acknowledgment Confirmation"). The Explicit Request and the Acknowledgment Confirmation are made by the Client by checking the box "I hereby request immediate execution of the contract and agree that I will lose the right of withdrawal."

The DANA ONEtoONE FITNESS online platform provides general information for informational purposes only regarding personal fitness and nutrition and does not constitute an alternative to medical diagnosis or direct, personal, professional medical care. The Services/Products or Information provided on the DANA ONEtoONE FITNESS online platform are not intended to offer medical or other advisory services.

HILL informs the Client that not all Services/Products offered on the DANA ONEtoONE FITNESS online platform are suitable or appropriate for every person. Therefore, HILL requests the Client, and the Client agrees, before starting to use the DANA ONEtoONE FITNESS online platform, to obtain approval from a doctor or medical specialist for the use of the Services/Products.

By using the Services/Products available on the DANA ONEtoONE FITNESS online platform, the Client acknowledges being informed that fitness, strength, flexibility, and aerobic exercises, including the use of equipment related to the Services/Products, are potentially dangerous activities that involve a risk of injury and bodily harm. The Client also acknowledges and declares that the Services/Products (nutrition plans or physical exercises) should not be used in any other way without the prior approval of a doctor or medical specialist, that the Client is physically and mentally capable of using the Services/Products, and that the Client is solely responsible for their own health and physical condition.

HILL is not responsible in the event that the Client suffers any injury, adverse reaction, injury, or other damages that may result from the use of the Services/Products. By using the Services/Products, the Client expressly assumes and agrees to any risks involved in using the Services/Products.

HILL does not provide any guarantees regarding specific objectives or results that may be achieved through the use of the DANA ONEtoONE FITNESS online platform.

HILL’s liability for damages arising from accessing or using the DANA ONEtoONE FITNESS online platform is excluded to the maximum extent permitted by law.

Under no circumstances will HILL be liable for any incidental, indirect, or consequential damages, loss of profits, anticipated savings, data loss, business interruption, loss of goodwill, third-party claims, or any other damages that may result from or are related to the use of the information, Services/Products on the DANA ONEtoONE FITNESS online platform or the access, navigation, and use of the DANA ONEtoONE FITNESS online platform.

The Client is solely responsible for the legality of the content provided on the DANA ONEtoONE FITNESS online platform. The texts, images, video, and audio recordings submitted by the Client must be free from third-party rights that may prevent their publication or use. The Client is solely responsible for the content of the texts and data submitted. HILL is entitled to exclude these texts and data from publication if they violate applicable laws, the Terms and Conditions of DANA ONEtoONE FITNESS, or good morals.

15.1 General Provisions

The Emergency Ordinance no. 34/2014 on consumer rights within contracts concluded with professionals, as well as for the amendment and completion of certain legal acts, regulates the client's right of withdrawal (referred to above and hereinafter as "OUG 34/2014") from Art. 9 – Art. 16.

If the Client wishes the provision of Services/Products to start during the withdrawal period, HILL hereby requests that the Client make an express request (Express Request/Agreement) and confirm that they acknowledge that, once the contract is fully executed by HILL, the Client will lose the right of withdrawal (Acknowledgment of Receipt).

The Express Request and Acknowledgment of Receipt are performed by the Client by checking the box "I hereby request the immediate execution of the contract and I agree that I will lose my right of withdrawal."

By checking the box above, the Client also gives their express prior agreement ("Express Agreement") to begin the execution during the withdrawal period.

15.2 Exceptions to the Right of Withdrawal

The following are exceptions to the right of withdrawal for distance contracts:

Contracts for services, after the full performance of the services and if the contract gives rise to a payment obligation for the Client, if the execution began with the prior express agreement of the Client and after the Client has confirmed that they acknowledge they will lose the right of withdrawal after the full performance of the contract by HILL (Art. 16 letter a of OUG 34/2014);
Contracts for the supply of digital content not delivered on a tangible medium, if the execution has begun and, if the contract gives rise to a payment obligation for the consumer, under the following conditions:
1. The Client has given their prior express consent for the execution to begin during the withdrawal period;
2. The Client has confirmed that they acknowledge they will lose the right of withdrawal accordingly;
3. HILL has provided the confirmation of the conclusion of the contract, namely the Order Confirmation (Art. 16 letter m of OUG 34/2014);

16.1 Legal Warranty/Compliance

In accordance with legal provisions, HILL is responsible to the Client for any lack of compliance existing at the time when the Services/Products were provided. In the event of non-compliance, the Client has the right to request HILL, first and foremost, to bring the digital content or digital service, or the Service/Product, into compliance, in each case free of charge, unless the measure is impossible or would impose disproportionate costs on HILL, taking into account all circumstances, including: a) the value of the digital content or digital service if the non-compliance had not existed; b) the severity of the non-compliance.

HILL will bring the digital content or digital service into compliance according to legal provisions, within a reasonable period of time not exceeding 15 calendar days from the moment HILL was informed by the Client about the non-compliance, and which is mutually agreed upon in writing between HILL and the Client, free of charge and without causing any significant inconvenience to the Client, considering the nature of the digital content or digital service and the purpose for which the Client requested the digital content or digital service.

The Client has the right to either reduce the Price proportionally in accordance with legal provisions, if the digital content or digital service is provided in exchange for payment, or to terminate the Contract, in any of the following cases:

The corrective measure to bring the digital content or digital service into compliance is impossible or disproportionate;
HILL has not brought the digital content or digital service into compliance;
A non-compliance is found, despite HILL's attempt to bring the digital content or digital service into compliance;
The non-compliance is of such a severity that it justifies an immediate price reduction or immediate termination of the Contract;
HILL has declared that it will not bring the digital content or digital service into compliance within the above period, or this is clearly indicated by the circumstances of the case.

When the digital content or digital service is provided in exchange for payment, the Client has the right to obtain termination of the contract only if the non-compliance is not minor.

In case of non-compliance, the Client has the right to suspend the payment of a remaining part of the price of the digital content or digital service or part of it until HILL brings the digital content or digital service into compliance, provided that the suspended payment is not related to digital content or digital services already provided by HILL and that have been in compliance.

There is no non-compliance when a certain feature of the digital content or digital service does not meet the objective compliance requirements if, at the time of the conclusion of the Contract, the Client was explicitly informed in clear language that allows them to understand the consequences of the respective non-compliance, and the Client expressly and separately accepted this at the time of conclusion of the Contract.

In this regard, the Client will contact HILL at the email address (suport@dana1to1fitness.com) or at the postal address: Predeal City, Eroilor Street no. 75B, block 2, ap. 24, Brașov County.

16.2 Modifications/Complements

HILL reserves the right to unilaterally modify the Terms and Conditions of DANA ONEtoONE FITNESS at any time. These can be consulted at any time, in their current version at ONEtoONE.dana1to1fitness.com/termeni-conditii.

HILL will appropriately inform the Client about these changes.

Continuing to use the Service/Product equals the Client’s unconditional acceptance of the modifications/complements made by HILL to the Terms and Conditions of DANA ONEtoONE FITNESS. If the Client does not accept the modifications/complements made by HILL, the Client is entitled to request termination of the Contract within 5 (five) working days from the date of receipt of the notification from HILL regarding the modification/complement of the Terms and Conditions of DANA ONEtoONE FITNESS.

16.3 Optional Tools

HILL may provide the Client with access to optional tools (e.g., but not limited to payment modules for processing online payments, web analytics services for monitoring site traffic, live chat modules, digital marketing tools, etc.) owned and/or managed by third parties.

The use of these optional tools provided through the DANA ONEtoONE FITNESS online platform is entirely at the Client's own risk, and the Client is required to review the terms and conditions set by the third parties regarding the use of these optional tools.

16.4 Links to Third Parties

The DANA ONEtoONE FITNESS online platform may contain links to external sources, which may redirect the Client to third-party websites that are not affiliated with HILL.

HILL is not responsible for the content or accuracy/compliance of the information, materials, products, services, etc. offered through these third-party websites, and the responsibility lies entirely with the provider or operator of the respective website. The Client is obligated to read and review the terms and conditions of these third-party websites beforehand.

16.5 Suspension of Services

To ensure the functionality of the Services/Products, HILL reserves the right to suspend the provision of Services/Products for maintenance, system updates, or any other modifications, appropriately informing the Clients.

Moreover, the Services/Products offered on the DANA ONEtoONE FITNESS online platform may not be available for reasons beyond HILL's control (e.g., but not limited to force majeure).

16.6 Confidentiality of Communications/Messages

Any communications (including emails, direct messages, or other communications, hereinafter referred to as "Communications") transmitted through the DANA ONEtoONE FITNESS online platform or any other communication means are confidential between HILL and the Client. Thus, the Parties agree to keep the confidentiality of these Communications and not to display or distribute any Communication.

16.7 Assignment of the Contract

The Client does not have the right to assign or transfer their rights and obligations established in the Terms and Conditions of DANA ONEtoONE FITNESS.

16.8 Errors

Information about the Services/Products presented on the DANA ONEtoONE FITNESS online platform is subject to typographical errors. Prices, information about Services/Products, promotions, offers, availability, as well as images may contain errors or inconsistencies. HILL reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information or cancel orders if any information on the DANA ONEtoONE FITNESS online platform or any associated website is inaccurate, at any time with prior notice (including after you have submitted your order).

The processing of personal data and the free movement of these data is regulated by EU Regulation no. 2016/679 (hereinafter referred to as "the Regulation").

HILL, as well as the authorized person, has the obligation to manage the personal data collected from the Client under safe conditions and only for the specified purposes.

The purpose of collecting and processing the data is: promotional activities for services/products, commercial activities, statistical and market research activities, informing clients/users about their account status on DANA ONEtoONE FITNESS.com, informing clients/users about marketing activities, commercial activities, promoting products and services, marketing, advertising, market research activities, statistical activities, tracking and monitoring sales and consumer behavior.

The collected data is used and processed by HILL, either directly or through persons authorized by HILL.

The personal data entered by the Client in the Form is required for the conclusion of the Contract between HILL and the Client. The Contract will not be considered concluded if the Client refuses to enter personal data in the Form. Therefore, HILL will not be obliged to deliver the Service/Product.

In accordance with the provisions of the Regulation, the Client has the following rights:

Right to information; the operator is required to provide the data subject with at least the following information, unless the person already possesses this information: the identity of the operator and its representative; the purpose of data processing; additional information such as: the recipients or categories of recipients of the data; whether providing all requested data is mandatory and the consequences of refusing to provide them; the existence of rights provided by this law for the data subject, especially the right of access, the right to rectify data, and the right to object, as well as the conditions in which these rights may be exercised.
Right to access data: Any data subject has the right to obtain from the operator, upon request and free of charge for one request per year, confirmation that the data concerning them are or are not being processed by the operator.
Right to intervene on data: namely the right to rectify, update, block, or delete data whose processing does not comply with this law, especially incomplete or inaccurate data; transforming into anonymous data data whose processing is not compliant with this law; notifying third parties to whom the data has been disclosed of any of the operations mentioned above.
Right to object (the data subject has the right to object at any time, for legitimate and justified reasons related to their specific situation, to the processing of their data, except in cases where there are contrary legal provisions).
Right to seek judicial redress; the right to seek judicial redress for the protection of any rights guaranteed by this law that have been violated.
Right to data portability: Upon request, we will transfer personal data to another operator, where technically feasible, provided that the processing is based on your consent or is necessary for the execution of a contract. Rather than receiving a copy of your personal data, you may request that your data be transferred directly to another operator specified by you.
Right to deletion: You may request from us the deletion of your personal data if:
- Your personal data is no longer necessary for the purposes for which it was collected or is processed in another way;
- You have the right to object to the further processing of your personal data (as described above) and have exercised your right to object to processing;
- Your personal data has been processed unlawfully; in order to fulfill a legal obligation requiring processing by us; especially for legal requirements regarding data retention;
- For the establishment, exercise, or defense of a legal claim.

Regarding the exercise of the rights concerning personal data protection, the Client will contact HILL at the email address (dana@dana1to1fitness.com) or at the postal address: Orașul Predeal, Strada Eroilor nr. 75B, bloc 2, ap. 24, județul Brașov.

You can download the document here.

1. Company identity

2. Scope

3. Conclusion of the Contract

4. Service/Product Features

5. DANA ONEtoONE FITNESS online platform

6. Permitted use

7. Registration, Purchase Request/Order

8. Purchase order

9. Price and Payment of Price

10. Delivery

11. Limitation of liability

12. Termination of Contract/Suspension of Access

13. Intellectual property

14. Complaint resolution

15. Right of withdrawal

16. Diverse

17. Disputes

18. Competent authorities

19. Processing of personal data