VISION, MISSION & DISCLAIMER
The 90 Day Challenge is a challenge. The Application offers information about fitness, condition, nutrition, health and well-being in an accessible and inspiring way. 90DC B.V. (hereinafter referred to as '90DC') offers Customers a challenge in this context. 90DC aims to inspire its Customers to exercise and improve themselves, their diet and lifestyle. The Application offers Customers opportunities to challenge themselves and take ground-breaking, but not dangerous, steps forward in the aforementioned sub-areas.
The information provided by 90DC is intended for and based on the average person. Customers should be aware that each body type requires a different, customized approach. 90DC cannot have insight into this for each individual case, and tries to provide the average individual with Services through this Application. 90DC cannot possibly monitor or influence the way in which Customers handle the information provided. Customers have their own responsibility.
Before agreeing to and using the Application, the Customer ensures to be aware of the level of difficulty, severity and risks of the activity (or activities) to which the Services relate. The Customer is expected to determine for himself, prior to purchasing Services, whether the Customer is able to perform the exercises in light of all medical and/or conditional details of the Customer. The Customer must determine for himself whether he considers himself capable, in terms of health and condition, of participating in the activity (or activities) to which the Services relate and whether he is physically and mentally able to do the exercises, without endangering himself or others, aggravating complaints or causing complaints to develop as a result of the exercises. If you experience fainting, dizziness, shortness of breath, or pain while using any Service provided by 90DC or a third party engaged by or on behalf of 90DC, stop immediately and consult a doctor.
In addition to informing Customers, 90DC also offers Customers the opportunity to purchase personal advice from coaches. This does not release the Customer from the aforementioned justified expectation that the Customer bears personal responsibility and adheres to the aforementioned duty of care. Therefore, when receiving advice, the Customer must, before following any advice, check whether he is physically and mentally able to perform the exercises without endangering himself or others, aggravating complaints, or causing complaints to develop as a result of the exercises.
The information provided by or on behalf of 90DC is explicitly not medical and/or professional advice. 90DC cannot make diagnoses or prescribe treatment methods. You must consult your family doctor or a healthcare professional to determine whether a 90DC Service is appropriate for you. The use of (advice on) a meal plan is also entirely at your own risk and you must review its contents to check whether any allergies or intolerances you have are compatible with the plan.
When purchasing Services from 90DC, you must take into account at least, but not only, the following points:
- Allergies and intolerances can affect nutritional plans. If Services are purchased through a Coach, a Customer is obliged to provide 90DC with full details in a timely manner, even if 90DC and/or the Coach do not make any inquiries about this. This also applies to injuries, illnesses and/or conditions that may affect training plans and programs.
- You are always responsible and obliged to carefully check whether you are allergic and/or intolerant to the content and/or ingredients (of foods) of a (recommended) 90DC meal plan, in case you have to refrain from taking or following it.
- You must always ensure that you have sufficient space when carrying out activities based on advice or information from 90DC. Always make sure that nothing around you could cause injury or movement problems.
- If you choose to use fitness equipment when performing activities based on advice or information from 90DC, you do so at your own risk.
- Restricting calorie intake can in some cases lead to anxiety, eating disorders, depression, fatigue and other related mental and physical health problems. Consult a doctor if you (suspect) you are sensitive to this.
- Always consult a dietitian and/or doctor before starting any fitness or health program in general.
- 90DC also offers third-party sports and nutrition products, including equipment and accessories, through the Application.
ARTICLE 1 DEFINITIONS
In these General Terms and Conditions, the following definitions are used with a capital letter. They are defined as follows:
Offer: the options offered through the Application, including - but not limited to - items, advice (with or without a Coach), courses and visual and video material in the fields of fitness, condition, nutrition, health and well-being.
General Terms and Conditions: these general terms and conditions.
Application: the interactive (video) platform of 90DC that it offers on www.the90dc.com, which can be downloaded from the iOS (Apple) App Store and the Android (Google) Play Store.
Coach: a third party engaged by or on behalf of 90DC who provides personal advice in the fields of sports and nutrition to the Customer who has entered into a Subsequent Agreement with 90DC for this purpose via the Application.
90DC: 90DC B.V., with its registered office in (2672 GB) Naaldwijk (Municipality of Westland at Koopmanstraat 6 in the Netherlands) and registered with the Chamber of Commerce under Chamber of Commerce number 90726898.
Service and/or Services: collective term for all services and Offers (individually or collectively) offered under the name 90 Day Challenge via the Application.
Customer and/or Customers: one or more natural persons who, whether or not in their capacity as a representative of a legal entity, have entered into one or more (Subsequent) Agreements with 90DC.
Agreement: the agreement between the Customer and 90DC regarding the access and use of the (Services of the) Application.
Subsequent Agreement: any agreement between the Customer and 90DC that is concluded as a result of Offers on the Application.
The Law: all acts under Dutch law.
ARTICLE 2 AGE AND CAPACITY
The Customer warrants and guarantees to 90DC and any third parties (Coaches) engaged by it for the performance of the Services that he or she has at least reached the age of 18 or has permission from his or her legal representatives to enter into an Agreement and/or Subsequent Agreements with 90DC in order to purchase the Services.
If the Customer is under 18 years of age and/or is otherwise incapacitated, prior consent from the legal representative(s) is required to enter into an Agreement and/or Subsequent Agreement. In such a case, it is recommended that any coaching session(s) take place in the presence of such legal representative(s) and that they advise their child or ward on their use of the Services.
If the Customer has not yet reached the age of 18 and has not obtained permission from his or her legal representatives to purchase the Services or to enter into a Subsequent Agreement with 90DC, 90DC will be entitled to refuse the Customer or to terminate or dissolve the Agreement and/or Subsequent Agreement with immediate effect without observing a notice period.
ARTICLE 3 AI-GENERATED RECOMMENDATIONS
The Application may offer Customers automated tips, suggestions and/or recommendations relating to training, nutrition and/or lifestyle that are generated in whole or in part through the use of artificial intelligence ("AI-Generated Recommendations"). AI-Generated Recommendations are distinct from, and must not be confused with, personal advice provided by a Coach. Where content presented in the Application has been generated by artificial intelligence, this is clearly indicated as such in the Application.
90DC generates AI-Generated Recommendations using artificial intelligence technology of third-party providers, currently the Claude models developed by Anthropic, PBC ("Anthropic"), which 90DC may access directly or through intermediary service providers. Article 23 of these General Terms and Conditions applies to the processing of personal data for this purpose.
AI-Generated Recommendations are based on data provided by or on behalf of the Customer, including but not limited to the Customer's stated goals, training history, physical characteristics and dietary preferences. 90DC does not verify the accuracy or completeness of the data on which an AI-Generated Recommendation is based, and the Customer remains responsible for providing correct, complete and up-to-date information, including any allergies, intolerances, injuries or medical conditions, in accordance with the Vision, Mission & Disclaimer section of these General Terms and Conditions.
AI-Generated Recommendations are produced by automated systems, which are not infallible and may produce output that is inaccurate, incomplete, unsuitable for the Customer's individual circumstances, or inconsistent with recommendations previously given. AI-Generated Recommendations do not constitute medical, dietary or other professional advice, are not reviewed by a Coach or other qualified professional before being presented to the Customer, and must not be relied upon as such.
AI-Generated Recommendations are non-binding suggestions only. The Customer decides at his own discretion whether or not to follow an AI-Generated Recommendation, and no consequences are attached by 90DC or the Application to a Customer's decision not to follow one. The Application does not take decisions based solely on automated processing that produce legal effects concerning the Customer or that similarly significantly affect the Customer within the meaning of Article 22 of the General Data Protection Regulation. A Customer who has questions about or objections to an AI-Generated Recommendation may contact 90DC in accordance with Article 16 of these General Terms and Conditions.
Before following an AI-Generated Recommendation, the Customer must independently assess whether he is physically and mentally able to do so without endangering himself or others, in accordance with the Vision, Mission & Disclaimer section of these General Terms and Conditions. The Customer is strongly advised to consult a doctor, dietitian or other qualified professional before following any AI-Generated Recommendation relating to caloric intake, macronutrient composition or training intensity. The Application and the AI-Generated Recommendations are not intended for the diagnosis, treatment or prevention of any disease or medical condition, including eating disorders.
Personal data processed for the purpose of generating AI-Generated Recommendations are processed in accordance with the Privacy Regulations referred to in Article 23. To the extent this involves health-related data (such as weight, allergies, intolerances, injuries or medical conditions), such data are processed for this purpose only on the basis of the Customer's explicit consent, which is requested separately within the Application and which the Customer may withdraw at any time. Withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal, but may mean that AI-Generated Recommendations can no longer be provided.
90DC is not liable for any damage arising from a Customer following an AI-Generated Recommendation, except in the event of intent or willful recklessness on the part of 90DC, in accordance with Article 18 of these General Terms and Conditions.
ARTICLE 4 OFFER AND APPLICABILITY
These General Terms and Conditions apply to all Offers from 90DC and to all (Subsequent) Agreements with 90DC.
All Offers and other statements by 90DC are without obligation.
90DC is entitled to change and adjust the Offers.
Apparent mistakes and/or apparent errors in Offers do not bind 90DC, and the Customer cannot derive any rights from such apparent mistakes and/or apparent errors.
In principle, it is not possible for the Customer to deviate from the agreed period of purchase. The agreed period of purchase can only be moved by separate written agreement with 90DC.
ARTICLE 5 AGREEMENT, OFFERS
The Agreement is concluded when the Customer has registered via the Application by creating an account and 90DC has accepted the registration.
In the event of the Customer's acceptance of Offers in, by means of or through the Application, a separate agreement (hereinafter referred to as "Subsequent Agreement") between the Customer and 90DC will come into effect as soon as 90DC confirms or executes the Subsequent Agreement.
90DC is entitled to change or adapt the Services offered. In that case, the Customer has the right to cancel the adjusted Offer free of charge.
90DC is at all times entitled to engage one or more third parties for the performance of the Agreement, a Subsequent Agreement and the provision of Services.
ARTICLE 6 FREE PERIOD
Each (Subsequent) Agreement may commence with a free period. This free period lasts one week, unless otherwise agreed in writing.
It is at the discretion of 90DC whether the Customer qualifies for a free period. In principle, the Customer is not eligible for a free period if he had an Agreement with 90DC in the last six (6) months or if he lives at the same address as a Customer with an existing (Subsequent) Agreement with 90DC. 90DC reserves the right to change or terminate a free period without prior notice to the Customer.
ARTICLE 7 WITHDRAWAL WITHOUT STATEMENT OF REASONS
The Customer has a reflection period of fourteen (14) days after concluding the (Subsequent) Agreement, within which he can terminate the (Subsequent) Agreement without giving any reasons. 90DC can ask the Consumer for his reason(s) to terminate but the Consumer is not obliged to state those reasons.
Uninstalling the Application is insufficient to terminate the (Subsequent) Agreement. The Customer who wishes to terminate the (Subsequent) Agreement must do so himself in his account at the Apple AppStore, the Google PlayStore or via www.the90dc.com.
ARTICLE 8 PRICE AND PAYMENT
The prices listed on the Application are expressed in national currency and include VAT and any other government levies imposed in the Netherlands.
90DC is entitled to adjust the prices. In that case, the Customer has the right to cancel the adjusted Offer free of charge.
Except for the trial period, the Customer is required to pay from the moment of entering into the Agreement or any Subsequent Agreements. 90DC is entitled to demand payment in advance.
In the event of non-payment or late payment, 90DC is entitled to block access to the Application.
In the event of non-payment or late payment, all extrajudicial and judicial costs incurred by 90DC to collect the outstanding invoice(s) will be borne by the Customer.
The Customer does not have the right to suspend or offset payment.
ARTICLE 9 ACCOUNT AND SECURITY
The Customer is obliged to provide correct and complete information when creating the account. The Customer must correct incorrect information and supplement incomplete information without delay.
The Customer is responsible for the confidentiality of his account, including the login details.
The Customer must immediately notify 90DC of any unauthorized use of his account.
ARTICLE 10 USE OF THE APPLICATION
The Customer is not permitted to use the Application for anything other than personal and non-commercial purposes.
The Customer is not permitted to use the Application in such a way that the functioning of the Application is jeopardized and/or the information offered or the underlying software is affected.
90DC is not liable for any advertisements/promotional activities displayed by third parties when the Application is in use.
The Customer may not transfer any Subsequent Agreements to others.
ARTICLE 11 AVAILABILITY OF THE APPLICATION
90DC strives to have the Application available as much as possible. For maintenance purposes, 90DC may disable parts of the Application. 90DC will keep this to a minimum.
If one or more third parties at any time, for any reason, cease their partnership with 90DC, the Customers may experience negative consequences. 90DC is not liable for these consequences, unless in the event of intent or willful recklessness.
ARTICLE 12 AMENDMENTS TO THE AGREEMENT
90DC is entitled to amend the Agreement, any Subsequent Agreements and the General Terms and Conditions from time to time. In that case, the Customer can cancel the amended (Subsequent) Agreement free of charge.
ARTICLE 13 SUSPENSION AND TERMINATION OF THE AGREEMENT BY 90 DAY CHALLENGE
90DC is entitled to suspend the performance of its obligations under the (Subsequent) Agreement in whole or in part or to terminate the Agreement in whole or in part with immediate effect if the Customer:
acts contrary to any provision of these General Terms and Conditions;
has been declared legally incompetent or is placed under administration or guardianship;
has filed a petition for admission to the Dutch Debt Restructuring (Natural Persons) Act [Wet schuldsanering natuurlijke personen];
is permitted under the Dutch Debt Restructuring (Natural Persons) Act;
has filed his own bankruptcy petition; or
is declared bankrupt.
ARTICLE 14 TERMINATION OF THE (SUBSEQUENT) AGREEMENT BY CUSTOMER
The Customer has the right to terminate the Agreement at any time by giving notice, provided that if any Subsequent Agreements have been concluded, the Agreement will remain in full force and effect until all current Subsequent Agreements have been terminated or fully fulfilled.
Without prejudice to the provisions of Article 7 of these General Terms and Conditions, the Subsequent Agreement will end after the period agreed on between 90DC and the Customer has expired. Unless prior notice is given before the expiry of the agreed term, the Agreement will be extended by the same term as the initially agreed term, provided that after extension, the Customer is entitled to terminate the Subsequent Agreement by giving notice, subject to a notice period of a maximum of one (1) month.
The Customer can only cancel the (Subsequent) Agreement via Apple or Google. To avoid new payment obligations, the Customer must cancel his (Subsequent) Agreement via the Apple AppStore, the Google PlayStore or www.the90dc.com.
ARTICLE 15 90DC ENGAGING THIRD PARTIES
90DC is entitled to engage third parties, including a Coach, for the performance of the Services and (Subsequent) Agreements with a Customer. When engaging a Coach, 90DC will proceed with due care. However, 90DC is not liable for any shortcomings or unlawful acts of such third parties. 90DC may accept any limitations of liability of those third parties (partly) on behalf of the Customer. A Coach and his heirs may rely on the limitations of liability agreed on in these General Terms and Conditions.
Not only 90DC, but also all persons engaged by 90DC in the performance of a Service to be provided to the Customer may rely on these General Terms and Conditions. This also explicitly applies if they are held liable for unlawful conduct. The same applies to those who (have) worked at 90DC, including their heirs.
The Customer agrees that a 90DC Coach works remotely and does not need to meet any specific requirements to be engaged as a Coach, such as having obtained specific certificates and/or diplomas.
90DC determines which Coach is assigned to which Customer.
90DC may at any time determine that the Coach assigned to the Customer will be replaced with another Coach, provided there is an objective reason for this on a case-by-case basis.
The method of communication between the Customer and the Coach will be determined in mutual consultation, but the Customer will limit himself to the usual methods of communication, namely telephone (with or without video image), email, chat function within the app and/or WhatsApp. Physical meetings can only take place after close mutual consultation.
It is the Customer's responsibility which private and personal information he shares with the Coach.
If the Customer does not provide information provided by or on behalf of 90DC or a third party engaged by it, such as a Coach, within a reasonable period of time of being requested to do so, or if the Customer provides incomplete or incorrect information to 90DC or a third party, 90DC may terminate the Subsequent Agreement or charge additional compensation for a reasonable amount to compensate 90DC for any additional work that is (or has been) necessary as a result.
The Customer must refrain from making inappropriate, insulting, discriminatory, threatening, defamatory or otherwise unnecessarily offensive statements towards the Coach and 90DC.
In the event of a violation of paragraph 9, 90DC will be entitled to take appropriate measures, including temporarily suspending Services or - in the case of serious or repeated violations and after prior written warning - terminating the Agreement without a refund of fees already paid, to the extent permitted by law.
Taking measures as referred to in paragraph 10 will not affect 90DC's right to claim compensation or to assert other legal rights.
The Customer must correctly inform 90DC and any third party (or parties) engaged by it, including Coaches. If the Customer has provided incorrect information to 90DC and/or to a third party (or parties) engaged by/on behalf of 90DC, and this incorrect information has led to damage, 90DC and the third party (or parties) concerned will not be liable for the damage, unless this exclusion is not proportionate in the specific case.
A Coach will do his best to be available to the Customer in accordance with what has been agreed on in the Subsequent Agreement. However, the availability of a Coach is not enforceable.
Any agreements that deviate from these General Terms and Conditions are only valid if they are confirmed in writing by 90DC or on behalf of 90DC.
ARTICLE 16 COMPLAINTS
If the Customer has a complaint about the (performance of the) Services, the Customer is obliged to inform 90DC of this as soon as possible, and at the latest within two months if the date on which the alleged inaccuracy occurred, in writing and with sufficient reasons, by email to: support@the90dc.com. If a complaint is not submitted within this period, the obligation to file a complaint within the meaning of Article 6:89 of the Dutch Civil Code will not be met. This will result in the loss of certain rights. All consequences of failing to file the complaint in time are at the risk of the Customer. 90DC strives to resolve complaints prudently and appropriately in consultation and with mutual understanding.
ARTICLE 17 LIABILITY CUSTOMER
The Customer will be liable for any damage suffered by 90DC as a result of the Customer acting in violation of any provision of the Agreement and/or any Subsequent Agreement and/or these General Terms and Conditions.
The Customer is also liable for damage suffered by 90DC as a result of intent or recklessness on the part of the Customer.
The Customer indemnifies 90DC against third-party claims for compensation for damage it has suffered as a result of the Customer's use of the Application and the Services purchased by the Customer.
ARTICLE 18 LIMITATION OF LIABILITY 90DC
These General Terms and Conditions do not constitute any limitation or exclusion of 90DC's liability, which cannot be limited or excluded under the Law.
90DC is not liable for indirect or consequential damage in any form whatsoever.
90DC is not liable for (defects in and damage caused by) third-party products offered through the Application.
90DC is not liable for damage that is the result of:
shortcomings or unlawful acts of a Coach;
errors in discount codes;
errors in translations;
errors in keeping track of the number of reps/sets/workouts;
health problems, injuries and/or harm as a result of (advice about) training and/or nutrition and/or lifestyle in the broadest sense of the word;
incorrectly performing/imitating descriptions of/videos on how to perform exercises/challenges;
unauthorized use of the Customer's account, except if the unauthorized use is due to intent or willful recklessness on the part of 90DC.
If the Customer purchases a product from a third party via the Application, for which this third party requires personal data, 90DC is not liable for any damage caused by the processing of personal data by this third party.
In any event, 90DC's liability is at all times limited to the amount paid out by 90DC's liability insurer in the event in question. If and insofar as the insurer does not pay out and/or no insurance has been taken out, liability will be limited to a maximum of five times the amount owed by the Customer over the initially intended full term of the Subsequent Agreement(s).
ARTICLE 19 FORCE MAJEURE
The Customer and 90DC will not be liable for any delay or failure to perform, directly or indirectly, as a result of force majeure. Force majeure is understood to include, in any case, delays or non-compliance due to illness, disruptions in the Internet connection, disruptions in the telecommunications infrastructure, disruptions in networks and disruptions resulting from unlawful acts by third parties.
ARTICLE 20 INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights with respect to the Application and the content of the Application, including the know-how, accrue to 90DC unless stated otherwise. The Customer is not permitted to reproduce, store in an automated data file or make public any part of the Application in any form or manner, whether electronically, by photocopies, screenshots/footage, recordings or in any other way, without prior written permission from 90DC, with the exception of news items and content that can be shared via social media on the Application.
ARTICLE 21 ASSIGNMENT OF RIGHTS
The Customer is not entitled to sell and/or assign its rights and/or obligations under the (Subsequent) Agreement to any third party, unless otherwise agreed in writing.
90DC is entitled to sell and/or assign its rights and/or obligations under the (Subsequent) Agreement without the Customer's consent. In that case, the Customer is entitled to terminate the Agreement and any Subsequent Agreements.
ARTICLE 22 INVALID PROVISIONS
If at any time any provision of these General Terms and Conditions is found to be fully or partly invalid, unenforceable or not practical under the applicable laws and/or regulations, the remaining (parts of) provisions of these General Terms and Conditions will remain in effect. The relevant provision will be replaced with an enforceable and practical provision that, given the purpose and scope of these General Terms and Conditions, deviates as little as possible from the original provision.
ARTICLE 23 PRIVACY
The Privacy Regulations of the 90 Day Challenge Application apply to the use of the Application and the purchase of Services. The Privacy Regulations describe which personal data 90DC processes, for which purposes, on which legal bases, and how long such data are retained.
For the purpose of generating AI-Generated Recommendations as referred to in Article 3, 90DC engages third-party service providers as processors and/or sub-processors, currently including the provider of the Claude AI models, Anthropic, PBC ("Anthropic"). These providers process data provided by or on behalf of the Customer solely for the purpose of generating AI-Generated Recommendations and do not use such data to train artificial intelligence models.
90DC engages processors only under a data processing agreement that meets the requirements of the General Data Protection Regulation (GDPR).
Where personal data are transferred to processors or sub-processors established outside the European Economic Area, including Anthropic in the United States, such transfer takes place only on the basis of a valid transfer mechanism within the meaning of Chapter V of the GDPR, such as an adequacy decision (including the EU-U.S. Data Privacy Framework) or the Standard Contractual Clauses adopted by the European Commission, supplemented by additional safeguards where necessary.
To the extent the generation of AI-Generated Recommendations involves the processing of health-related data, such processing takes place only on the basis of the Customer's explicit consent as described in Article 3 and in the Privacy Regulations.
90DC is entitled to engage other processors, in addition to or instead of the providers referred to in this Article, for the purpose of generating AI-Generated Recommendations or for other purposes described in the Privacy Regulations. Any such processor will be engaged in accordance with a data processing agreement that meets the requirements of the GDPR, and an up-to-date overview of the categories of processors engaged is included in or made available through the Privacy Regulations.
ARTICLE 24 APPLICABLE LAW AND COMPETENT COURT
The Agreement and all other agreements between the Parties ensuing from it are governed exclusively by Dutch law.
Any dispute will be subject to exclusive jurisdiction of the court in The Hague, the Netherlands.
ARTICLE 25 OFFICIAL TITLE
These General Terms and Conditions may be referred to as the "General Terms and Conditions 90 Day Challenge 2026".