Terms and Conditions

General conditions for the Powerset software licence and service — last updated: August 2026

These general conditions govern the licence to use the Powerset software and the related services, granted by Feel Good Plus S.r.l., with registered office in Via delle Alghe 70, 00126 Rome (RM), Italy, VAT and Companies’ Register number 15741991002, certified e-mail feelgoodplussrl@legalmail.it, in the person of its legal representative pro tempore (the “Provider”), to the person or entity that subscribes to them (the “Client”).

The service is designed for professionals, clubs, federations and healthcare organisations. Where the Client is a consumer, the mandatory provisions of Italian Legislative Decree 206/2005 (Consumer Code) apply and prevail over any conflicting clause below.

1. Definitions

Software: the application named Powerset, made available in cloud form through a browser and, for athletes and patients, through a mobile application. Service: the set of functions made available through the Software, together with the support and any additional services agreed. Users: the individuals authorised by the Client to access the Service with their own credentials. Client Data: the data that the Client and its Users enter into, or generate through, the Service, including data concerning their athletes or patients. Order: the document or procedure by which the parties agree the scope, duration and fees of the Service.

2. Subject and scope of the licence

The Provider grants the Client a licence to use the Software that is non-exclusive, non-transferable and non-sublicensable, limited to the duration of the contract and to the number of Users and the functions agreed in the Order. The licence concerns access to and use of the Software as a service: it does not transfer ownership of the Software, of its source code or of any related right.

The Provider may update the Software and improve or modify its functions. Where a change materially reduces functions the Client is already using, the Provider gives reasonable prior notice through the Service or by e-mail.

3. Intellectual property

The Software, its source code, its documentation, the techniques and algorithms it implements, and all trademarks and distinctive signs of the Provider remain the exclusive property of the Provider. The Client acquires no right over them beyond the licence granted here.

The Client Data remains the property of the Client. The Provider processes it only to provide the Service and on the Client’s instructions, and acquires no right to use it for its own purposes. The Provider may produce aggregated and anonymised statistics that do not allow any individual, Client or data subject to be identified.

4. Conclusion of the contract

The contract is concluded when the parties agree the Order — by signature, by written acceptance including by e-mail, or by activation of the Service following the Client’s request — and, for paid services, upon payment of the agreed fee. Where a free or trial period is agreed, its duration and limits are those stated in the Order.

5. Duration, renewal and termination

The contract lasts for the period agreed in the Order, starting from activation of the Service. Unless otherwise agreed, it renews for equal periods unless either party gives written notice at least 30 days before the expiry date.

Either party may terminate the contract for material breach by the other, where the breach is not remedied within 15 days of a written request to do so. The Provider may terminate with immediate effect where the Client uses the Service unlawfully or in a way that endangers the security of the Service or the data of others.

6. Right of withdrawal (consumers)

A Client who qualifies as a consumer may withdraw from the contract within fourteen days of its conclusion, without giving any reason and without penalty, by an unequivocal statement sent to info@mypowerset.com or to the registered office indicated above.

Where the consumer expressly requests that the Service begin during the withdrawal period, they remain entitled to withdraw, but shall pay an amount proportionate to what has been supplied up to the moment of withdrawal. The right of withdrawal is lost only once the Service has been fully performed, and provided the consumer expressly acknowledged that they would lose it.

7. Fees and payment

Fees, their frequency and the payment methods are those stated in the Order. Unless otherwise agreed, fees are payable in advance for the agreed period, and are not refundable for a period that has already been provided — without prejudice to the consumer’s rights above and to any statutory right in the event of the Provider’s breach.

The Provider may change the fees for subsequent renewal periods, giving written notice at least 30 days before the renewal date. The Client who does not accept the new fees may terminate the contract with effect from that date, without any charge.

8. Changes to these conditions

The Provider may amend these conditions to reflect changes in the Service or in applicable law. Amendments are notified through the Service or by e-mail at least 30 days before they take effect. Where an amendment materially affects the Client’s position, the Client may terminate the contract before the amendment takes effect, without any charge and with reimbursement of the fees paid for the period not yet provided; continuing to use the Service after that date amounts to acceptance.

9. Obligations of the Client

The Client undertakes to use the Service in accordance with the law and with these conditions, and in particular:

• to keep credentials confidential, not to share them among Users and to notify the Provider without delay of any suspected unauthorised access;
• to ensure that its Users comply with these conditions, and to remain responsible for their conduct;
• not to copy, modify, translate, decompile or reverse-engineer the Software, save to the extent permitted by mandatory law;
• not to grant access to the Service to third parties who are not authorised Users;
• to be responsible for the lawfulness, accuracy and updating of the Client Data it enters, and for having a lawful basis to process it — in particular where it concerns health;
• not to use the Service to transmit unlawful, defamatory or harmful content, or to interfere with its security;
• not to use the indicators, forecasts and alerts produced by the Software as the sole basis for a decision concerning an athlete — in particular on fitness to train or to compete, on selection or on access to any activity — such decisions remaining with the qualified professional.

The Client shall hold the Provider harmless from claims by third parties arising from a breach of the obligations in this article.

10. Obligations of the Provider, warranties and limits

The Provider undertakes to provide the Service with the diligence required of a professional operator, to keep it substantially conforming to the functions described in the documentation, and to remedy within reasonable time any defect reported that prevents its use.

The warranty does not cover malfunctions caused by use contrary to the documentation, by the Client’s systems or networks, or by third-party products not supplied by the Provider.

11. Availability, maintenance and suspension

The Service is provided in cloud form and the Provider adopts reasonable measures to keep it available and to restore it promptly in the event of interruption. Planned maintenance is, wherever possible, notified in advance and carried out so as to reduce its impact.

The Provider does not guarantee uninterrupted availability and is not liable for interruptions attributable to events outside its control, including faults in electricity or telecommunications networks, third-party infrastructure and attacks on IT systems. Where an interruption attributable to the Provider lasts significantly and affects the Service as a whole, the Client is entitled to an extension of the contract for a period equal to the interruption, or to the corresponding proportional refund.

The Provider may suspend access, giving notice wherever possible, in the event of non-payment that persists after a written reminder, or where continuing the Service would endanger its security or the data of others; suspension lasts only as long as its cause.

12. Client Data: export, return and deletion

Throughout the contract, the Client may extract and export the Client Data through the functions of the Service.

After termination of the contract, for whatever reason, the Client Data remains available for export for a period of 30 days. On the Client’s written request within that period, the Provider provides reasonable assistance in retrieving it. Once that period has elapsed, the Provider may delete the Client Data, and it will no longer be retrievable; the Provider will in any event delete it where the Client so requests, save where retention is required by law.

The Client is responsible for making, in good time, the copies it needs to comply with its own retention obligations, in particular in relation to health documentation.

13. Limitation of liability

The Provider is liable for damage attributable to it under the ordinary rules of law. To the extent permitted by law, its liability for damage arising from the use or unavailability of the Service is limited, for each contractual year, to the fees paid by the Client in the twelve months preceding the event.

Nothing in these conditions limits or excludes liability for wilful misconduct or gross negligence, for death or personal injury, or any other liability that cannot be limited under mandatory law, including the rights of the Client as a consumer.

14. The Service does not replace clinical judgement

The Software supports the activity of qualified professionals: it organises data, computes indicators and presents proposals, but it does not perform diagnoses, does not prescribe treatment and does not decide whether an athlete may train or compete. Every clinical or training decision remains with the professional, who assesses it in the light of all the information available to them. Information, glossaries and content accessible through the Software are general in nature and never replace the judgement of a physician or of another qualified healthcare professional.

15. Force majeure

Neither party is liable for a failure to perform caused by an unforeseeable event beyond its control, such as natural disasters, war, epidemics, general failures of energy or telecommunications networks, or measures of public authorities. The affected party shall inform the other in writing without delay and shall do what it reasonably can to limit the consequences.

16. Confidentiality and personal data

Each party undertakes to keep confidential the information of the other of which it becomes aware in performing the contract, and to use it solely for that purpose.

In relation to the Client Data, the Client acts as data controller and the Provider as data processor pursuant to Article 28 of Regulation (EU) 2016/679: the processing is governed by the data processing agreement, which forms an integral part of these conditions — accepting them means accepting it — and which sets out the subject matter, duration, nature and purpose of the processing, the categories of data and of data subjects, the security measures, the use of sub-processors and the arrangements for return and deletion. Information on how the Provider processes personal data of which it is itself the controller is set out in the privacy policy.

17. Assignment

The Client may not assign the contract without the written consent of the Provider. The Provider may assign it to a company of its group or to the acquirer of the business, giving notice to the Client, provided the level of the Service is preserved.

18. Applicable law and competent court

The contract is governed by Italian law. For any dispute the Court of Rome shall have exclusive jurisdiction. Where the Client is a consumer, jurisdiction lies with the court of the place of their residence or elected domicile, in accordance with mandatory law.

19. Final provisions

If a clause is held invalid, the remainder of the contract stands and the invalid clause is replaced by a valid provision achieving, as far as possible, the same purpose. Failure to exercise a right does not amount to a waiver of it. For anything not provided for here, the Civil Code and the applicable special laws apply.

20. Clauses subject to specific approval

Where the Client is not a consumer, the following clauses are specifically approved in writing pursuant to Articles 1341 and 1342 of the Italian Civil Code: 2 (scope of the licence and changes to the Software), 5 (duration, renewal and termination), 7 (fees and their variation), 8 (changes to these conditions), 9 (obligations of the Client and indemnity), 10 (limits of the warranty), 11 (availability and suspension of the Service), 12 (deletion of the Client Data after the retention period), 13 (limitation of liability), 17 (assignment of the contract) and 18 (exclusive jurisdiction).