This Policy explains how billing, cancellations, and refunds work for Fitally Premium. It complements — without replacing — Section 7 of the Terms and Conditions, and in the event of any discrepancy regarding billing and refunds, this Policy prevails.
1. Identity and scope
1.1. The Fitally Platform is operated by FITALLY S.A.S., identified with NIT 902080977-4, domiciled in Medellín, Antioquia, Colombia.
1.2. This Policy applies to Fitally Premium subscriptions purchased directly through the Platform (web channel). Purchases made through app stores are governed by Section 9.
1.3. This Policy is interpreted in accordance with the Colombian Consumer Statute (Law 1480 of 2011) and other applicable Colombian law.
2. Merchant of Record
2.1. Payments and refunds on the web channel are processed by Paddle.com, acting as authorized reseller and Merchant of Record for Fitally.
2.2. Accordingly, Paddle is the seller that appears on the User's bank statement and issues the corresponding invoice. Paddle's Buyer Terms also apply to the purchase, without prejudice to the rights this Policy and Colombian law grant the User.
2.3. The Company does not store full card details. The processing of personal data associated with payment is governed by the Privacy Policy.
3. Free plan
3.1. The Fitally Free plan is available at no cost and is never charged. There is nothing to refund on the Free plan.
3.2. Premium features remain visible to Free plan Users, marked as requiring a subscription. Their visibility is neither a charge nor a commitment to pay.
4. Pricing, billing periods, and taxes
4.1. Fitally Premium is offered as a monthly or annual subscription. Current prices and benefits are shown inside the Platform and on the pricing page at the time of purchase.
4.2. Prices are stated in United States dollars (USD). The charge may appear in the User's local currency depending on the conversion and fees applied by their bank or card issuer, over which the Company has no control.
4.3. Applicable taxes are calculated and collected by Paddle at checkout, according to the rules of the User's country of residence.
5. Automatic renewal
5.1. Unless stated otherwise at the time of purchase, subscriptions renew automatically at the end of each billing period, for an equivalent period and at the then-current price, using the selected payment method, until the User cancels.
5.2. To avoid being charged for the next period, the User must cancel at least twenty-four (24) hours before the renewal date.
5.3. Price changes do not affect a period already paid for and will be communicated before they take effect.
6. Fourteen (14) day satisfaction guarantee
6.1. If the User is not satisfied with Fitally Premium, they may request a full refund of their first payment for a new subscription within fourteen (14) calendar days of that payment.
6.2. This guarantee is a voluntary commercial commitment by the Company, additional to and broader than the statutory rights in Sections 7 and 8. It applies to the initial purchase of a plan and not to renewals (see Section 10).
6.3. Once a refund is granted, the subscription is cancelled and Premium access ends immediately.
7. Right of withdrawal (Art. 47, Law 1480 of 2011)
7.1. For distance sales, the User may exercise the right of withdrawal within five (5) business days of entering into the contract, and will be refunded in accordance with the law.
7.2. The law exempts from this right, among other cases, digital services and content whose performance has begun with the User's express consent and their waiver of the right to withdraw. Even where that exception applies, the voluntary fourteen (14) day guarantee in Section 6 remains available for the first payment.
7.3. This right cannot be waived in the cases where the law grants it, and nothing in this Policy limits it.
8. Payment reversal (Art. 51, Law 1480 of 2011)
8.1. In the cases provided for by law — including fraud against the User, an unsolicited transaction, or a service that was not provided — the User may request a reversal of the payment made by electronic means.
8.2. The request must be submitted within five (5) business days of the User becoming aware of the transaction, and is processed with the Company and the issuer of the payment instrument in accordance with the statutory procedure.
9. Purchases through app stores
9.1. When the subscription is purchased through the Apple App Store or Google Play, billing, renewals, cancellations, and refunds are governed by the respective store's policies and must be handled through the User's account with that store.
9.2. In those cases the Company does not process the payment or the refund directly, and the guarantee in Section 6 does not apply because the Company does not control the charge. If the store declines the request, the User may contact us and we will review their case in good faith.
10. Renewals
10.1. Renewal charges are non-refundable, except where required by law or where one of the circumstances in the following paragraph applies.
10.2. If a renewal was charged unexpectedly — for example, after a cancellation that was not recorded correctly, or as a duplicate charge — the User may contact us and we will review their case in good faith, including the possibility of refunding the unused period.
11. Cancellation
11.1. The User may cancel their subscription at any time, from the app itself or by writing to support@fitally.mobile.
11.2. Cancellation takes effect at the end of the current billing period: the User keeps Premium access until that date and no further charges are made.
11.3. We do not provide partial refunds for the unused portion of a period already started, except where required by law or where Section 10.2 applies.
11.4. Cancelling the subscription does not delete the account or the User's data. To delete the account, see Account and Data Deletion.
12. How to request a refund
12.1. Channel. The User should write to support@fitally.mobile, stating the email address used for the purchase and the Paddle order or receipt number.
12.2. Response. We will handle the request within a maximum of fifteen (15) business days. Where the request is an exercise of the right of withdrawal or of payment reversal, the statutory deadlines for each mechanism will apply.
12.3. Method and timing. Refunds are issued to the original payment method and are typically processed by Paddle within five (5) to ten (10) business days, depending on the User's bank or card issuer.
12.4. The process is free of charge for the User.
13. Exceptions
13.1. Refund requests may be declined in cases of clear abuse of this Policy — for example, repeated claims of the Section 6 guarantee by the same person — fraudulent activity, or breach of the Terms and Conditions.
13.2. Nothing in this Section limits the non-waivable rights granted to the User by consumer protection law.
14. Consumer rights and competent authority
14.1. Before starting any action, we invite the User to submit their request, complaint, or claim to support@fitally.mobile, which we will endeavour to resolve in good faith.
14.2. Nothing in this Policy limits the User's right to turn to the Superintendence of Industry and Commerce (SIC) or the competent authorities to enforce the rights granted to them by the Consumer Statute.
15. Changes to this Policy
15.1. The Company may amend this Policy. The version in force is the one published on this page, identified by the last-updated date shown in its header.
15.2. Changes do not affect refund requests already submitted or the conditions of a period already paid for. Where changes are material, they will be communicated by reasonable means.
16. Contact
FITALLY S.A.S.
Medellín, Antioquia, Colombia
Email: support@fitally.mobile
17. Controlling language
This Policy is published in Spanish and English. In the event of any discrepancy, the Spanish version shall prevail.