FlexDropin
TERMS AND CONDITIONS OF USE
Effective date: 08/05/2026
IMPORTANT: PLEASE READ CAREFULLY. These Terms and Conditions of Use constitute a legally binding agreement. They contain fundamental provisions regarding the rights and obligations of the parties, including limitations of liability, warranty disclaimers, the no-refund policy after payment confirmation, and the regulation of payments via Stripe Connect. Please read in full before using the Services.
1. Definitions
For the purposes of these Terms and Conditions of Use, the following terms shall have the meanings set out below:
"Terms": these Terms and Conditions of Use, including all annexes, referenced policies, and subsequent updates.
"FlexDropin" / "we" / "us" / "our": Maria Petaccia, headquartered at Via Dante Alighieri 40, 65012 Cepagatti (PE), Italy, operator of the platform.
"User" / "you" / "your": any natural person who accesses the platform, creates an account, or uses the Services in any capacity.
"Athlete": a User who uses FlexDropin to search for gyms, view classes, and make bookings.
"Manager" / "Gym": a User (natural person or natural person representing a legal entity) who registers a sports facility on the platform, creates classes, and receives payments via Stripe Connect.
"Services": the FlexDropin mobile application, the website flexdropin.com, and all related products, features, content, technologies, and services, collectively.
"Drop-in": a booking for a single training session at a gym, without a subscription, payable at the time of booking.
"Class": a single training session published by a Manager on the platform, including date, time, instructor, price, and maximum number of available spots.
"Booking": the act by which an Athlete reserves a spot for a Class through the platform's booking flow.
"Stripe Connect": the payment system provided by Stripe, Inc. that enables FlexDropin to facilitate direct payments between Athletes and Managers (Direct Charges model), with automatic deduction of the Platform Commission.
"Platform Commission": the commission retained by FlexDropin on each completed transaction, equal to 15% (fifteen percent) of the gross price of the Class, net of Stripe fees.
"PaymentIntent": a Stripe object created at the time of Booking that represents the payment intent and remains active for 15 (fifteen) minutes from creation.
"User-Generated Content" / "UGC": any content (texts, images, data, information) uploaded, published, or transmitted by a User through the Services.
"Medical Certificate": a competitive or non-competitive sports medical certificate uploaded by the Athlete in the app as a mandatory and universal requirement to make any Booking on the platform.
"DAC7": Council Directive (EU) 2021/514 of 22 March 2021 (also known as "DAC7"), implemented in Italy by Legislative Decree no. 32 of 1 March 2023 and by the Provision of the Director of the Italian Revenue Agency Prot. no. 406671/2023, which imposes on digital platform operators — including FlexDropin — obligations of due diligence, collection, verification, retention, and annual reporting to the Italian Revenue Agency (Agenzia delle Entrate) of information concerning Reportable Sellers who carry out a Relevant Activity through the platform.
"Relevant Activity": pursuant to Art. 2, paragraph 1, letter j) of Legislative Decree 32/2023, an activity carried out for consideration through the platform consisting of: (i) rental of immovable property, (ii) provision of personal services, (iii) sale of goods, or (iv) rental of any mode of transport. The provision of fitness, sports, training, and Class booking services through FlexDropin qualifies as a "personal service" and therefore as a Relevant Activity.
"Reportable Seller": a Manager registered on the platform who, in a calendar year, carries out at least one Relevant Activity and who is resident for tax purposes in a Member State of the European Union, has a permanent establishment in a Member State, or rents out immovable property located in a Member State, and who is therefore subject to information reporting under DAC7.
"App Store": the Apple App Store or the Google Play Store, depending on the device used by the User to download the app.
2. Acceptance of Terms and Eligibility
2.1 Acceptance
By downloading, installing, accessing, or using the Services in any way, the User declares to have read, understood, and fully accepted these Terms, as well as our Personal Data Processing Policy and Cookie Policy, which form an integral part of the agreement between the parties.
IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT ACCESS THE SERVICES, DO NOT CREATE AN ACCOUNT, AND IMMEDIATELY UNINSTALL THE APPLICATION.
2.2 Eligibility and Minimum Age
FlexDropin's Services are intended exclusively for natural persons who have reached the age of eighteen (18), as use of the platform involves the conclusion of contracts with legal effects, including the paid booking of sports classes.
THE SERVICES ARE NOT ACCESSIBLE TO PERSONS UNDER 18 YEARS OF AGE. By creating an account, the User declares and warrants that they are at least 18 years old. FlexDropin reserves the right to immediately suspend or delete any account registered to a minor.
With reference to the US market, and in compliance with the Children's Online Privacy Protection Act (COPPA), FlexDropin does not knowingly collect personal data from individuals under the age of 13.
2.3 Legal Capacity
The User declares and warrants that they have full legal capacity to act and are legally authorised to enter into binding agreements under the laws of their country of residence. If acting on behalf of a legal entity (e.g. as the legal representative of a gym), the User declares to be authorised to bind such entity to these Terms.
3. Description of Services and Role of FlexDropin
3.1 Nature of the Platform
FlexDropin is a technology service provider that makes available to Athletes and sports facility Managers a digital platform for searching, booking, and paying for drop-in sessions. FlexDropin provides its services directly to Users (platform access, booking management, payment processing) and is not a direct provider of sports services: responsibility for the quality and safety of Classes remains exclusively with the Manager.
FlexDropin provides a technology platform service. Contractual relationships are structured at two distinct levels: (a) the contract between FlexDropin and the Athlete for access to the Services; (b) the contract between FlexDropin and the Manager for use of the platform and payment management. Responsibility for the quality, safety, and execution of the sports Class rests exclusively with the Manager.
3.2 Features for Athletes
- Search for gyms by name, category, geographic location, or filters
- View the calendar of available classes with instructor details, price, and spots
- Drop-in booking with secure payment via Stripe
- Management of personal booking history
- Upload and management of sports medical certificate
- Receipt of push notifications related to bookings
- Switch between Athlete mode and Manager mode from the same account
3.3 Features for Managers
- Registration and management of the gym profile
- Creation of individual classes and recurring series
- Management of the class calendar and instructors
- Receipt and management of Athlete bookings
- Configuration of the Stripe Connect account for receiving payments
- Dashboard with statistics on bookings, earnings, and occupancy rate
- Switch between Manager mode and Athlete mode from the same account
3.4 Service Availability
FlexDropin endeavours to ensure the continuous availability of the Services but does not guarantee uninterrupted operation. The Services may be temporarily suspended for maintenance, technical updates, force majeure events, or circumstances beyond FlexDropin's control.
Some features may not be available in all geographic areas, in all languages, or on all operating systems. FlexDropin reserves the right to modify, suspend, or discontinue, in whole or in part, the Services at any time, with or without notice, without any liability towards Users.
4. Registration and Account Management
4.1 Account Creation
To access the main features of the Services, it is necessary to create an account. Registration is available via the following methods:
- Email address and password
- Sign in with Apple (Apple ID)
- Google Sign-In (Google account)
In the case of registration via Apple or Google, FlexDropin receives only the information that the provider authorises to share, typically name and email address. The access credentials of the third-party service are never received or stored.
4.2 User Obligations at Registration
By creating an account, the User agrees to:
- Provide accurate, up-to-date, complete, and truthful information
- Keep account information up to date
- Create a single account for personal use and not share it with third parties
- Not create fake, multiple, or third-party accounts without authorisation
- Not use other people's details or false identities
FlexDropin reserves the right to refuse registration or to suspend/delete accounts that violate these obligations.
4.3 Account Security
The User is solely responsible for the confidentiality of their access credentials and all activities carried out through their account. The User agrees to:
- Use a strong password and not share it with third parties
- Not allow third parties to access their account
- Immediately notify FlexDropin at info@flexdropin.com in the event of unauthorised access or security breach of their account
FlexDropin shall not be liable for damages arising from unauthorised use of the account by third parties, where such use results from the User's failure to adopt the required security measures.
4.4 Email Address Verification
FlexDropin sends a confirmation email at the time of registration. Email address verification is required to access all features of the Services. If verification is not completed, access may be restricted or the account suspended.
4.5 Single Account with Dual Role
The same account may be used both as an Athlete and as a Manager. Switching between the two modes is done via the appropriate command in the profile. A User operating in both capacities is subject to all provisions of these Terms applicable to each role.
5. Licence
5.1 Grant of Licence
Subject to full acceptance and compliance with these Terms, FlexDropin grants the User a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable licence to:
- Access and use the Services for personal, non-commercial purposes
- Download and install one copy of the app on an authorised device owned or controlled by the User
5.2 Restrictions
Except as expressly permitted by these Terms or applicable law, the User may not:
- Rent, lease, lend, sell, distribute, sublicence, or transfer in any way the Services or the granted licence
- Decompile, disassemble, reverse engineer, or attempt to extract the source code of the Services
- Modify, adapt, translate, or create derivative works of the Services
- Remove, alter, or obscure any intellectual property notices embedded in the Services
- Use the Services for unauthorised commercial purposes
5.3 Updates
FlexDropin may release updates, patches, or new versions of the Services. Some updates may be mandatory to continue using the Services. The User agrees that FlexDropin may automatically update the application.
6. Bookings and Payments — Athletes
6.1 Booking Flow
The process of booking a Class is structured as follows:
- The Athlete selects an available Class in the gym calendar
- The app verifies spot availability and the validity of the Athlete's Medical Certificate (mandatory requirement for any Booking)
- The Athlete presses the "Book" button: the system immediately creates a Booking with "reserved" status and generates a PaymentIntent on the Manager's Stripe Connect account
- The Athlete completes payment via Stripe Payment Sheet within 15 (fifteen) minutes
- Upon completed payment, the Booking moves to "confirmed" status; the Athlete receives confirmation via push notification
- If payment is not completed within 15 minutes, the Booking automatically expires and the spot becomes available again
6.2 Free Bookings
For Classes with a price of zero, the Booking is confirmed immediately without the need for payment. The Athlete receives confirmation via push notification.
6.3 Medical Certificate
Possession of a valid sports medical certificate is a mandatory and universal requirement to make any Booking on the FlexDropin platform, regardless of the gym, type of Class, or price. Before proceeding with a Booking, the app verifies that the Athlete has uploaded a valid (non-expired) medical certificate and has signed the self-declaration. In the absence of even one of these requirements, the Booking cannot be completed.
In the case of a missing or expired certificate, or an unsigned self-declaration, the Booking cannot be completed until the documentation is regularised. With regard to the Medical Certificate, responsibilities are allocated as follows: (a) The Athlete is solely and exclusively responsible for the authenticity, completeness, validity, and truthfulness of the uploaded certificate. FlexDropin does not authenticate, certify, or verify the content of the document on its merits; (b) FlexDropin limits itself to a technical-formal check of the certificate status (present / expired / absent) and the signature of the self-declaration. Such check does not in any way constitute a medical, legal, or substantive validation of the document; (c) The Manager has no obligation or authority to verify, modify, or derogate from the medical certificate requirement, which is imposed by the platform uniformly for all Athletes. The Manager is not responsible for the authenticity of the document presented by the Athlete, nor for the consequences arising from the use of a false, altered, or non-attributable certificate; (d) FlexDropin disclaims any liability for damages arising from the submission of false, altered, expired, or non-attributable certificates, as well as for health, legal, or insurance consequences arising from admission to a Class based on untruthful documentation.
The uploaded medical certificate constitutes health data pursuant to Art. 9 GDPR. Its processing is governed by the Personal Data Processing Policy, to which reference is made.
6.4 Modification and Cancellation of Booking by the Athlete
NO-REFUND POLICY: Once a Booking has reached "confirmed" status and payment has been successfully processed, the amount paid is non-refundable under any circumstances attributable to the Athlete, including — by way of example — change of mind, unforeseen inability to attend the Class, illness, subsequent commitments, or any other cause.
The Athlete acknowledges and expressly accepts that:
- A confirmed Booking constitutes a binding contract between the Athlete and the Manager
- The booking fee is non-refundable after confirmation, except in the cases referred to in Art. 6.5
- Cancellation by the Athlete of a confirmed Booking is not available: the confirmed Booking is binding and non-refundable except in the cases referred to in Art. 6.5
- FlexDropin, as a technology platform, has no authority to issue refunds to the Athlete for cancellations attributable to the Athlete
If payment is not completed within 15 (fifteen) minutes, the Booking is automatically cancelled and the spot becomes available again, with no charge.
6.5 Refunds for Causes Not Attributable to the Athlete
The right to a refund is recognised exclusively in the following cases:
- Cancellation of the Class by the Manager: the Athlete is entitled to a full refund of the amount paid, including the Platform Commission
- Failure to deliver the Class due to causes attributable to the Manager (e.g. sudden closure of the facility, unannounced absence of the instructor): the Athlete is entitled to a full refund
- A documentable technical error attributable to FlexDropin that resulted in an undue charge
In such cases, the refund is processed via the Stripe reversal function within the technical timeframes provided by the payment circuit used (generally 5-10 business days). FlexDropin manages the refund process via the dedicated Edge Function, with reversal of the Platform Commission as well. In all cases, FlexDropin operates exclusively as a technology platform and assumes no responsibility for the sports service, which remains with the Manager.
6.6 Right of Withdrawal (EU Consumers)
Pursuant to Legislative Decree 206/2005 (Consumer Code) and Directive 2011/83/EU, the contract for booking a sports Class falls within the category of service contracts relating to recreational activities for a specific date or period, to which the 14-day right of withdrawal provided by Art. 52 of the Consumer Code does not apply (Art. 59, paragraph 1, letter n), Legislative Decree 206/2005).
The Athlete, when making a Booking, expressly accepts this exclusion and waives the right of withdrawal in accordance with current regulations.
7. Obligations and Responsibilities of Gym Managers
7.1 Gym Registration
To register a gym on the platform, the Manager must complete the registration flow with a guided sequence (e.g. step-by-step slides). The flow includes the entry, on a mandatory basis, of the following information:
- Facility name, description, and operational address
- Tax and billing data, the entry of which is a technical prerequisite for completing registration: legal/registered name (ragione sociale), registered office (sede legale), billing address (indirizzo di fatturazione), VAT identification number (partita IVA) or Tax Identification Number (Italian Codice Fiscale or equivalent foreign TIN). For Managers established in Italy, also the Italian Recipient Code (Codice Destinatario SDI) or, alternatively, the certified e-mail address (PEC) for the receipt of electronic invoices through the Italian Interchange System (Sistema di Interscambio)
- Gym contact details (phone, email, website, social profiles)
- Selection of facility categories
The Manager acknowledges and accepts that, without complete entry of the data referred to in point 2, the registration flow cannot be finalised and the gym cannot be published on the platform. The data referred to in point 2 are also collected, in addition to invoicing purposes, to enable FlexDropin to fulfil its obligations as a Reporting Platform Operator under Council Directive (EU) 2021/514 (DAC7) and Legislative Decree 32/2023, as set out in Art. 7.5.
The Manager declares and warrants that all information provided is accurate, up-to-date, and truthful, and that they have the legal right to represent the registered facility. Providing false or misleading information may result in removal of the gym from the platform and suspension or deletion of the account, as well as the application of the specific consequences set out in Art. 7.5 in respect of DAC7 obligations.
7.2 Stripe Connect Configuration
To receive payments through the platform, the Manager must complete the Stripe Connect onboarding, which includes identity verification of the account holder, completion of data/documents required by Stripe, and payment enablement. Onboarding takes place in-app with redirect/return via configured return URLs (e.g. /stripe/return), and is an indispensable prerequisite for accepting paid bookings.
The Manager acknowledges and accepts that:
- The contract for payment services is entered into directly between the Manager and Stripe, Inc., and that the related terms are governed by the Stripe Connected Account Agreement
- FlexDropin does not have access to the Manager's bank details or card data, which are managed entirely by Stripe
- Payment enablement (charges_enabled) is a necessary condition for receiving paid bookings
- Any requests to update data from Stripe must be fulfilled promptly to maintain active payment receipt
7.3 Platform Commission
PLATFORM COMMISSION: FlexDropin automatically retains a commission equal to 15% (fifteen percent) of the gross price of each paid Class, via the application_fee_amount mechanism of Stripe Connect. This commission is retained at the time of payment processing and is not subsequently charged separately to the Manager.
The Manager acknowledges and expressly accepts that:
- The 15% Platform Commission is retained on each completed transaction, automatically and without the need for separate invoicing
- The net amount credited to the Manager equals the gross price of the Class, less the Platform Commission (15%) and Stripe processing fees (borne by the Manager pursuant to the Stripe Connected Account Agreement)
- In the event of a refund to the Athlete for causes not attributable to the Athlete (see Art. 6.5), the Platform Commission is also returned, via the refund_application_fee: true parameter
- FlexDropin reserves the right to modify the Platform Commission percentage with a minimum notice of 30 days, communicated by email to the address registered by the Manager
7.4 Tax Matters
The Manager is solely responsible for tax, social security, and administrative obligations related to revenues derived from use of the platform, including but not limited to: invoicing Athletes, income tax returns, VAT remittance, and any other taxes. In particular:
With regard to the Platform Commission:
- FlexDropin, as an Italian VAT entity, issues an invoice to the Manager for the Platform Commission; the relevant VAT treatment follows the Manager's tax domicile (based on the country indicated): (a) Managers in Italy: 22% VAT applied; (b) EU Managers outside Italy (with VAT number): reverse charge pursuant to Art. 7-ter of Presidential Decree 633/1972; (c) Non-EU Managers: transaction not subject to VAT pursuant to Art. 7-ter of Presidential Decree 633/1972. The invoice is issued monthly or at each settlement, in compliance with the provisions of Presidential Decree 633/1972
- The Manager is required to invoice the full amount of the Class to Athletes according to their own tax rules (e.g. issuing a fiscal receipt, till receipt, or invoice). The fact that Stripe credits the net amount (net of the Platform Commission and Stripe fees) does not exempt the Manager from the obligation to fiscally document the full consideration received
FlexDropin is not responsible for the Manager's tax obligations towards tax authorities. The Manager's obligations relating to information reporting under Council Directive (EU) 2021/514 (DAC7) and Legislative Decree 32/2023 are set out in Art. 7.5 below and constitute an integral and essential part of these Terms.
7.5 DAC7 — Information Reporting Obligations and Mandatory Provision of Tax Data
FlexDropin qualifies as a "Reporting Platform Operator" resident for tax purposes in Italy pursuant to Art. 2, paragraph 1, letter d), of Legislative Decree no. 32 of 1 March 2023, transposing Council Directive (EU) 2021/514 ("DAC7"). The Manager qualifies as a "Reportable Seller" whenever they carry out at least one Relevant Activity (provision of personal services in the form of a paid Class) through the platform during a calendar year and meet the residence or establishment criteria set out in DAC7.
7.5.1 Information Collected from the Manager
For the purpose of complying with the due diligence and reporting obligations set out in Articles 4, 5, 6, 7, and 11 of Legislative Decree 32/2023 and in Annex V of the directive, FlexDropin collects the following information from the Manager at the time of registration as a technical prerequisite for completing the registration flow (see Art. 7.1):
- Legal/registered name (ragione sociale)
- Registered office (sede legale) and billing address (indirizzo di fatturazione), where different
- VAT identification number (where issued) or Tax Identification Number, including the Italian Codice Fiscale for Managers resident in Italy or the equivalent foreign Tax Identification Number (TIN) issued by the Member State of tax residence
- Member State(s) of tax residence, derived from the data referred to in the previous point
- For Managers established in Italy, the Italian Recipient Code (Codice Destinatario SDI) or, alternatively, the certified e-mail address (PEC) used for electronic invoicing through the Italian Interchange System
- For legal entities, the existence of any permanent establishment in another Member State of the EU through which the Relevant Activity is carried out, with indication of the relevant Member State(s)
The following additional information is acquired by FlexDropin through Stripe, as part of the Stripe Connect onboarding referred to in Art. 7.2:
- Identification document and identity verification of the holder of the Stripe account, in accordance with the anti-money-laundering and KYC obligations to which Stripe is subject
- Identifier of the financial account on which the consideration of the Relevant Activity is paid (in particular, the IBAN associated with the Stripe Connect account)
- Name of the holder of the financial account, where different from the Manager
- For Managers who are natural persons (sole traders, freelancers), date of birth and primary address, in accordance with the data fields required by Stripe at onboarding and shared with FlexDropin to the extent strictly necessary for DAC7 due diligence
The Manager acknowledges that Stripe operates as an autonomous data controller for the data collected during its own onboarding and that FlexDropin acquires from Stripe only the information strictly necessary for the fulfilment of the obligations referred to in this Art. 7.5.
7.5.2 Verification of Data and Updating
FlexDropin will verify the information referred to in Art. 7.5.1 using the methods envisaged by DAC7, including, where applicable, automated checks against the European VIES service (for VAT numbers), the public registers of the Member States, and the systems of Stripe and other electronic payment service providers used by FlexDropin. The Manager undertakes to:
- Communicate any change in the data referred to in Art. 7.5.1 within 30 (thirty) calendar days of the change occurring, by updating their profile in the app and, where applicable, the data in their Stripe Connect account
- Promptly cooperate with any requests for clarification, supplementation, or supporting documents from FlexDropin within the time limits indicated in the request
- Acknowledge that the data provided may be processed by FlexDropin in compliance with the GDPR, with the additional safeguards set out in the Privacy Policy, in particular for the purposes of fulfilling the legal obligation referred to in Art. 6.1.c GDPR in conjunction with Legislative Decree 32/2023
7.5.3 Annual Reporting to the Italian Revenue Agency and International Exchange
FlexDropin will transmit, in respect of each Reportable Seller and for each calendar year, the information referred to in Art. 7.5.1, together with the data on consideration paid or credited (gross of any commissions, fees, or taxes withheld) for each calendar quarter and the number of Relevant Activities, to the Italian Revenue Agency (Agenzia delle Entrate) by 31 January of the calendar year following that to which the report refers, by means of the XML telematic channel and the schemas approved by the Provision of the Director of the Italian Revenue Agency Prot. no. 406671/2023 and subsequent amendments.
The Manager acknowledges and accepts that the Italian Revenue Agency will, in turn, transmit such information to the Competent Authorities of the other Member States of the European Union pursuant to Art. 8-bis-quater of Council Directive 2011/16/EU and the corresponding implementing rules in Italy, for the purposes of automatic exchange of information in tax matters.
7.5.4 Right to Information of the Manager
Pursuant to Art. 16 of Legislative Decree 32/2023 and Section IV, part F, point 2, of Annex V of Directive 2011/16/EU, the Manager has the right to receive, on request and free of charge, a copy of the information communicated to the Italian Revenue Agency in respect of them, by sending a request to info@flexdropin.com. FlexDropin will provide such information within 30 (thirty) days of receipt of the request, except where extension is necessary for verification or technical reasons.
7.5.5 Consequences of Failure to Update or Verify Data
Since complete entry of the tax data referred to in Art. 7.5.1 is a technical prerequisite for the completion of the registration flow (Art. 7.1), the failure to provide such data at registration determines the inability to register on the platform and to receive paid Bookings, with no further action required.
With reference, instead, to obligations to update or verify data already provided that occur after registration, pursuant to Section IV, part F, point 5, of Annex V of Directive 2011/16/EU, where the Manager — despite at least two (2) reminders sent by FlexDropin via email and/or in-app notification — does not update incorrect or outdated data, or refuses to allow their verification, within 60 (sixty) calendar days of the first reminder, FlexDropin will be entitled, even without further notice, to:
- Suspend the Manager's ability to publish new Classes and to receive new paid Bookings
- Withhold any sums payable to the Manager (including, where technically possible, by interrupting payouts to the Stripe account) until the data are regularised
- Close the Manager's account in case of persistent non-compliance, with consequent removal of the gym from the platform
The exercise of these powers by FlexDropin does not entitle the Manager to any compensation or refund and is without prejudice to FlexDropin's right to recover any administrative penalty applied by the competent authorities as a result of the Manager's non-compliance, pursuant to Art. 17 of Legislative Decree 32/2023.
7.5.6 Retention of Data Collected for DAC7 Purposes
The data collected for the purposes of this Art. 7.5 will be retained by FlexDropin for the period required by Art. 9 of Legislative Decree 32/2023 and, in any event, for not less than 10 (ten) years from the end of the calendar year to which the report refers, in accordance with the general retention obligations laid down by Italian tax legislation (Art. 8 of Presidential Decree 600/1973 and Art. 22 of Presidential Decree 633/1972). At the end of this period, the data will be deleted or irreversibly anonymised.
7.6 Manager's Obligations in Managing Classes
The Manager agrees to:
- Publish accurate, up-to-date Classes that correspond to sessions actually delivered
- Guarantee the availability of the facility, instructor, and equipment on the published dates and times
- Promptly cancel Classes that cannot be delivered, with reasonable notice to booked Athletes
- Not publish a number of Classes exceeding the effective capacity of the facility
- Comply with current regulations on sports activities, workplace safety, and consumer protection
- Ensure, before admitting an Athlete to a Class, that they present a valid medical certificate where there is reasonable doubt about the documentation presented, without prejudice to the Athlete's exclusive responsibility for the authenticity of the document
- Not request payments from Athletes outside the platform for bookings made through FlexDropin
7.7 Cancellation of Classes by the Manager
In the event of cancellation of a Class for which confirmed Bookings exist, the Manager agrees to:
- Cancel the Class with the maximum possible notice relative to the scheduled time
- Accept that FlexDropin will proceed to fully refund booked Athletes, with automatic reversal of the Platform Commission at the Manager's expense
The Manager acknowledges that repeated or unjustified cancellation of booked Classes may result in suspension or deletion of the account from the platform.
7.8 Manager's Liability towards Athletes
The Manager is solely responsible towards Athletes for:
- The quality, safety, and adequacy of the Classes delivered
- The compliance of spaces and equipment with current regulations
- The professionalism and qualifications of employed instructors
- Any damage to persons or property occurring during the Class
- Compliance with regulations on civil sports liability
FlexDropin is a platform service provider and assumes no responsibility for the quality, safety, or execution of sports Classes delivered by Managers. Any dispute relating to the sports service, damages suffered during the session, or service quality must be resolved directly with the gym Manager.
8. User-Generated Content (UGC)
8.1 Definition and Types
The Services allow Users to upload, publish, and transmit the following types of User-Generated Content:
- Gym information and data (name, description, address, categories, contacts, logo, cover)
- Class information (title, description, category, times, price)
- Instructor data (first name, last name, photo)
- User profile photos
- Sports medical certificates (subject to the special rules in Art. 4 of these Terms and the Privacy Policy)
8.2 Ownership of Content
The User retains full ownership of their User-Generated Content. FlexDropin does not claim any ownership rights over uploaded content.
8.3 Licence Granted to FlexDropin
By uploading or publishing User-Generated Content through the Services, the User grants FlexDropin a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, and adapt such content solely for the purpose of:
- Providing and improving the Services
- Displaying content to other platform users within the scope of the Services' features
- Fulfilling technical and operational obligations related to the management of the platform
This licence ceases automatically when Content is deleted by the User or following account deletion, except for content that has been publicly shared with other Users and for which immediate technical removal is not possible.
8.4 User Representations and Warranties
By uploading User-Generated Content, the User declares and warrants that:
- They are the sole owner or have the necessary rights to upload and licence such content
- The content does not infringe intellectual property rights, privacy rights, or the reputation of third parties
- The content is accurate, truthful, and not misleading
- The content complies with these Terms and applicable law
8.5 Prohibited Content
It is expressly prohibited to upload, publish, or transmit content that:
- Is false, misleading, fraudulent, or deceptive
- Infringes intellectual property rights, privacy rights, or the reputation of third parties
- Contains personal data of third parties without their consent
- Is discriminatory, offensive, defamatory, violent, or illegal
- Contains viruses, malware, or harmful code
- Promotes illegal activities
8.6 Moderation
FlexDropin reserves the right — but does not assume the obligation — to monitor, review, modify, reject, or remove any User-Generated Content that violates these Terms or is deemed inappropriate, at its sole discretion and without obligation of prior notice. Removal of content does not entitle the User to any compensation.
9. Intellectual Property
9.1 FlexDropin's Property
All intellectual property rights relating to the Services, including — by way of example and not limitation — the software, source code, databases, designs, logos, trademarks, texts, graphics, user interfaces, APIs, and any other constitutive elements of the Services, are the exclusive property of FlexDropin or its licensors and are protected by Italian, European, and international intellectual property laws.
Nothing in these Terms transfers to the User any intellectual property rights in the Services, except for the limited licence of use referred to in Art. 5.
9.2 Trademarks
The name "FlexDropin", its logo, and all distinctive signs of the platform are trademarks of FlexDropin. Use of such trademarks without the prior written consent of FlexDropin is expressly prohibited.
The trademarks and names of third parties cited in the Services or in these Terms (including, by way of example, "CrossFit" and "HYROX") belong to their respective owners. FlexDropin is not affiliated with, associated with, sponsored by, endorsed by, or in any way officially connected to the owners of such trademarks, unless by express written agreement.
9.3 Feedback
If the User provides FlexDropin with comments, suggestions, ideas, or improvement proposals ("Feedback"), FlexDropin acquires a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, and sublicensable licence to use them in any manner, without obligation of compensation. FlexDropin is not required to implement any Feedback received.
9.4 Copyright Violations (DMCA)
FlexDropin respects the intellectual property rights of third parties. Anyone who believes that material on the Services infringes their copyright may send a formal notice pursuant to the Digital Millennium Copyright Act (DMCA) to info@flexdropin.com, containing:
- Physical or electronic signature of the rights holder or their representative
- Identification of the copyrighted work allegedly infringed
- Identification of the disputed material and information to locate it on the Services
- Contact details of the claimant
- A statement of good faith regarding the absence of authorisation for use of the material
- A statement of accuracy of the information and, under penalty of perjury, of being authorised to act
10. Prohibited Uses
The User agrees not to use the Services to:
- Violate these Terms or any applicable law
- Publish false, inaccurate, or misleading information about gyms, classes, or instructors
- Make fictitious bookings or bookings without genuine intent to attend the Class
- Request payments from Athletes outside the platform for classes advertised through FlexDropin
- Attempt to circumvent the platform commission system through direct arrangements between Manager and Athlete
- Upload false, altered, or non-attributable medical certificates
- Use bots, scripts, spiders, or automated tools to access the Services
- Attempt to decompile, reverse engineer, or access the source code of the Services
- Attempt to bypass security or authentication measures
- Collect or store personal data of other Users without consent
- Impersonate other individuals or create fake accounts
- Perform acts that may damage, overload, or compromise the technical infrastructure of the Services
- Interfere with other Users' use of the Services
- Use the Services for commercial purposes not authorised by FlexDropin
11. Suspension and Termination of Account
11.1 Suspension or Termination by FlexDropin
FlexDropin reserves the right to suspend or delete a User's account and revoke access to the Services, at any time and without notice, in the following cases:
- Violation of these Terms
- Provision of false or fraudulent information during registration or use
- Use of the Services for illegal or fraudulent purposes
- Activities that jeopardise the security of the platform, other Users, or third parties
- Non-payment of amounts owed to FlexDropin
- Receipt of repeated and well-founded reports from other Users
- Request from judicial or administrative authorities
In the event of suspension for serious violations, FlexDropin reserves the right not to reinstate the account.
11.2 Termination by the User
The User may delete their account at any time by navigating to: Profile → Account Settings → Delete account. Deletion is permanent and results in:
- Loss of access to all features of the Services
- Deletion of personal data within the terms set out in the Privacy Policy
- Loss of all future confirmed Bookings (without right to refund, except as provided in Art. 6.5)
Account deletion does not extinguish obligations already incurred, including debts towards FlexDropin or other Users.
11.3 Effects of Termination
Upon termination, for any reason:
- All rights and licences granted to the User cease immediately
- The User must cease all use of the Services and uninstall the application
- The provisions of these Terms that by their nature are intended to survive termination remain in force (including, by way of example: intellectual property, limitation of liability, indemnification, jurisdiction)
12. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
To the maximum extent permitted by applicable law, FlexDropin expressly disclaims:
- Any implied warranty of merchantability, fitness for a particular purpose, title, and non-infringement
- Any warranty relating to the accuracy, completeness, reliability, or timeliness of information on the Services, including information about gyms, classes, and instructors
- Any warranty that the Services will be uninterrupted, secure, or error-free
- Any warranty relating to the quality, safety, or adequacy of Classes delivered by Managers
The User acknowledges that use of the Services is at their sole risk and responsibility.
The warranty disclaimers in this section apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion of certain warranties; in such cases, the exclusions apply to the extent permitted by law.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLEXDROPIN SHALL IN NO EVENT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFIT, DATA, OR GOODWILL, ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES.
In particular, FlexDropin is not liable for:
- Physical damages, personal injuries, or deaths occurring during Classes booked through the platform
- Quality, safety, or execution of Classes by Managers
- Accuracy or completeness of information published by Managers
- Technical outages, system errors, or data loss
- Unauthorised access to the User's account resulting from the User's negligence
- Unlawful or fraudulent conduct by other Users
- Damages arising from decisions made by the User based on information on the Services
Without prejudice to the foregoing, where FlexDropin's liability cannot be entirely excluded under applicable law, FlexDropin's total liability towards the User for any cause is limited to the greater of:
- € 100.00 (one hundred euros), or
- The total amount of commissions paid by that User to FlexDropin in the 12 months preceding the occurrence of the harmful event
The limitations of liability in this section do not apply in cases of wilful misconduct or gross negligence by FlexDropin, nor in cases of personal injury, as provided by applicable mandatory law, including the Italian Consumer Code (Legislative Decree 206/2005).
14. Indemnification
The User agrees to defend, indemnify, and hold harmless FlexDropin, its collaborators, employees, agents, representatives, partners, and licensors (each an "Indemnified Party") from and against any losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or connected to:
- The User's violation of these Terms
- User-Generated Content published by the User
- The User's use of the Services in an unlawful or unauthorised manner
- Violation of third-party rights, including intellectual property, privacy, or reputation rights
- The provision of false, fraudulent, or misleading information
- Any dispute between the User and other Users (Athletes or Managers) relating to Classes, bookings, or payments
FlexDropin reserves the right to assume exclusive control of its own defence in any proceeding for which the User is obliged to indemnify; in such case the User agrees to cooperate with FlexDropin.
15. Force Majeure
FlexDropin shall not be deemed in default or liable for any delay or failure to perform its obligations where such delay or failure is caused by circumstances beyond FlexDropin's reasonable control, including — by way of example and not limitation — natural disasters, acts of war, terrorist acts, pandemics, governmental measures, network infrastructure outages, blackouts, cyber attacks, or malfunctions of essential service providers (including Stripe, Supabase, Mapbox, Expo).
In the event of a force majeure event, FlexDropin will notify Users as promptly as possible and will endeavour to restore the Services in the shortest reasonably practicable time.
16. Third-Party Services
16.1 Integration
The Services integrate third-party technologies and services, including:
|
Provider |
Service |
Applicable Terms |
|
Supabase Inc. |
Database, authentication, storage, Edge Functions |
supabase.com/terms |
|
Stripe, Inc. |
Payments, Stripe Connect, manager onboarding |
stripe.com/legal |
|
Mapbox, Inc. |
Interactive maps, address geocoding |
mapbox.com/legal/tos |
|
Expo (Snack Tech) |
iOS and Android push notifications |
expo.dev/terms |
|
Apple Inc. |
Sign in with Apple, iOS push notifications |
apple.com/legal/internet-services/itunes/ |
|
Google LLC |
Google Sign-In, Android push notifications (FCM) |
policies.google.com/terms |
|
Vercel Inc. |
Website hosting, authentication and Stripe redirects |
vercel.com/legal/terms |
16.2 Liability
FlexDropin is not responsible for the content, availability, security, or privacy practices of integrated third-party services. The User acknowledges that use of such services is subject to their respective terms and conditions.
16.3 Stripe Connected Account
The relationship between the Manager and Stripe is governed by the Stripe Connected Account Agreement, which the Manager accepts upon completion of Stripe onboarding. FlexDropin is not a party to that agreement and is not responsible for Stripe's decisions regarding the Manager's account, including account suspensions or blocks.
17. Additional Terms for App Stores
17.1 Apple App Store
When accessing, purchasing, or downloading the App from the Apple App Store, the User acknowledges that:
- These Terms are entered into between the User and FlexDropin, and not with Apple Inc. FlexDropin — not Apple — is solely responsible for the App and its content
- The licence granted to the User is limited to use of the App on Apple devices owned or controlled by the User, in accordance with the App Store Usage Rules
- Apple has no obligation to provide maintenance and support services for the App
- In the event of the App's failure to conform to applicable warranties, the User may notify Apple which may refund the purchase price; any other liability relating to non-conformity is solely the responsibility of FlexDropin
- Apple is not responsible for any claims by the User relating to the App
- Apple is a third-party beneficiary of these Terms and has the right to enforce them against the User
17.2 Google Play Store
When accessing, purchasing, or downloading the App from the Google Play Store, the User acknowledges that:
- In the event of conflict between these Terms and the Google Play Terms of Service, the Google Play Terms of Service shall prevail
- Google LLC has no liability under these Terms
18. Amendments to Terms and Services
18.1 Amendments to Terms
FlexDropin reserves the right to modify these Terms at any time, at its sole discretion, to adapt them to regulatory, technological, or operational changes.
In the event of material changes, FlexDropin will notify Users with reasonable advance notice via:
- Update of the effective date at the top of the document
- Push notification in the app
- Email communication to the address registered on the account
Continued use of the Services after the changes take effect constitutes acceptance of the updated Terms. If the User does not wish to accept the changes, they must immediately cease using the Services and delete their account.
18.2 Amendments to Services
FlexDropin may modify, update, suspend, or discontinue the Services, or any component thereof, at any time and without obligation of prior notice, without any liability towards Users.
19. Dispute Resolution and Applicable Law
19.1 Applicable Law
These Terms are governed by and construed in accordance with Italian law, excluding conflict of laws provisions. For Users who are consumers resident in the European Union, the mandatory provisions of the law of the consumer's country of residence also apply, where more favourable.
19.2 Informal Resolution
Before taking any legal action, the parties agree to seek in good faith an amicable resolution of the dispute, by written communication to info@flexdropin.com. The parties allow a period of 30 (thirty) days from receipt of the communication to attempt out-of-court resolution.
19.3 Mediation
If informal resolution is unsuccessful, the parties may resort to civil and commercial mediation pursuant to Legislative Decree 28/2010, before a mediation body accredited by the Ministry of Justice.
19.4 Jurisdiction
For any dispute arising from or connected to these Terms or the use of the Services, the exclusive jurisdiction of the Court of Pescara, Italy, is established.
For consumers resident in the European Union: the exclusive jurisdiction clause does not affect the consumer's right to bring proceedings before the court of their domicile, pursuant to Art. 63 of EU Regulation 1215/2012 (Brussels I bis) and Art. 33 of the Italian Consumer Code. For cross-border consumer disputes in the EU, the European Commission's ODR (Online Dispute Resolution) platform is available at: https://ec.europa.eu/consumers/odr
19.5 ODR Platform
Pursuant to EU Regulation 524/2013 and Art. 141-decies of the Consumer Code, FlexDropin informs that the European Commission has established an online platform for alternative dispute resolution (ODR platform), accessible at https://ec.europa.eu/consumers/odr. FlexDropin's email address for the purposes of the ODR platform is: info@flexdropin.com.
20. Privacy Policy and Cookie Policy
The processing of Users' personal data is governed by the Personal Data Processing Policy and the Cookie Policy, which form an integral part of the contractual relationship between FlexDropin and the User and are available within the app and on the website flexdropin.com.
The User is invited to read these documents carefully before registering and using the Services.
21. General Provisions
21.1 Entire Agreement
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between the User and FlexDropin regarding their subject matter and supersede any prior agreements, understandings, or communications, written or oral.
21.2 Severability
If any provision of these Terms is found to be invalid, void, or unenforceable by a competent court, such provision shall be limited or deleted to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
21.3 Waiver
FlexDropin's failure to exercise a right provided under these Terms does not constitute a waiver of that right. Any waiver must be formalised in writing and signed by an authorised representative of FlexDropin.
21.4 Assignment
The User may not assign, transfer, or sublicence these Terms or the rights and obligations arising therefrom, without the prior written consent of FlexDropin. FlexDropin may assign these Terms in whole or in part, without the User's consent, in connection with mergers, acquisitions, corporate restructurings, or business transfers.
21.5 Notices
FlexDropin's communications to the User will be made via email to the address registered on the account, via push notification in the app, or via notice published on the Services. The User's communications to FlexDropin must be sent to info@flexdropin.com.
21.6 No Partnership
These Terms do not establish any partnership, joint venture, agency, mandate, or employment relationship between the User and FlexDropin.
21.7 Survival
The following provisions survive termination of these Terms for any reason: Section 1 (Definitions), Section 8 (User-Generated Content — limited to licences on already published content), Section 9 (Intellectual Property), Section 12 (Disclaimer of Warranties), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 19 (Dispute Resolution), and Section 21 (General Provisions).
21.8 Language
These Terms are drafted in Italian. Any versions in other languages are for informational purposes only; in the event of discrepancy, the Italian version shall prevail.
22. Contacts and Support
For any questions, reports, or assistance requests relating to these Terms or the Services:
Email: info@flexdropin.com
Website: https://flexdropin.com
Address: Maria Petaccia, Via Dante Alighieri 40, 65012 Cepagatti (PE), Italy
The support service is also accessible directly within the app.
By using FlexDropin, the User confirms having read, understood, and fully accepted these Terms and Conditions of Use.
Last modified: 24/02/2026 — Version: 1.0
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