The following regulations specify the terms of concluding the Agreement and License Agreement by Michał Jurczuk GoodSoft with its registered office: ul. Słoneczna, Poland with tax identification number NIP: 6030026326 (hereinafter referred to as "Licensor") for Users (defined below).
The Regulations are addressed to Users.
The Regulations constitute the general conditions of the Agreement and License Agreement.
The definitions described in the Regulations in the capital letter will have the meanings that the Parties have given them below:
Application - means web and mobile application under the name PROtrainer.app.
Calendar Days - means successively days in the calendar.
Registration Form - means the form that the User completes to conclude the Agreement.
Consumer - means a natural person with full legal capacity, carrying out legal transactions with the entrepreneur not directly related to their business or professional activity. . Contact Details - means the contact details of the Licensor with which the User can contact the Licensor from 9:00 am to 5:00 pm Monday to Friday, ie:
a) correspondence address: ul. Żurawia 71 / 2.15, 15-540 Białystok Poland;
b) e-mail address: contact@PROtrainer.app.
6. Account - means the service provided electronically by the Licensor to the User who is not a Trainer as part of the Application, to which the User who is not a Trainer gains access using an individual login and password.
Trainer Account - means the service provided by the Licensor to the Trainer as part of the Application , to which the Trainer gains individual access using a login and password.
License - means a free, non-exclusive license to use the Application without the right to sub-license, unlimited in territory, granted by the Licensor to the User in the fields of use specified in the Regulations.
"Newsletter" - means a free electronic service provided by the Licensor to the Participant by sending to the User an electronic letter through which the Licensor informs the Participant about promotions, new events and materials posted Page
Account Confirmation - means the email sent to the User by the Licensor after the User completes the Registration Form.
"Trainer Account Confirmation" - means the email sent to the Coach by the Licensor after completing the Registration Form by the Trainer.
Regulations - means these regulations.
Trainer - means a user providing coaching services,
Contract - means a contract under which the Licensor provides the service of an Account and a Trainer Account service,
"Electronic Service Contract" - means a contract for the provision of Electronic Services concluded between the Participant and the Licensor via the Internet.
License Agreement - means the agreement under which the Licensor grants and the User accepts the License.
Mobile Device - portable electronic devices connected to the Internet using technology bezpr external (3G, LTE, Wi-Fi) using the operating system Android or iOS or WindowsPhone.
Internet Browser - a computer program used to download and display websites made available by WWW servers
Services - means electronic services offered by the Licensor via the Application, available using the Account or Trainer Account,
"Electronic Services" - means electronic services provided by the Licensor to the Participant, i.e. the Contact Form, Order Form, Newsletter, and other electronic services necessary for the proper functioning of the Application.
User - means an entity using the Services provided by the Licensor, who is a consumer or other natural person, legal person or organizational unit without legal personality, which the law has granted legal capacity.
The regulations have been drawn up in Polish, in accordance with Polish law.
The regulations, together with the attached model withdrawal statement, are available free of charge at [*] in a manner enabling its acquisition, recording and reproduction. including in pdf format via the ICT system used by the User, as well as being delivered to the User in pdf format along with the attached model withdrawal statement attached to the Account Confirmation or the Trainer Account Confirmation.
The User is required to provide true data in order to use the Application.
The Licensor ensures the functioning of the Application in Web Browsers and Mobile Devices
In order to use the Application, the User must have:
a) A Mobile Device or Internet Browser with access to the Internet enabling using of asobów Internet - b) active e-mail.
Installing the Mobile Application is possible on a Mobile Device that meets the following technical conditions:
a. operating system: Android version min. 4.1 or iOS version min.
7.0 b. no modifications to the abovementioned installed operating system, and in particular modifications consisting in breaking the security of the Mobile Device manufacturer or the operating system manufacturer (so-called jailbreaking or rooting);
c. mobile version of the internet browser dedicated to the operating system referred to in point a, i.e.Google Chrome (for Android) or Safari (for iOS) or Internet Explorer (for Windows Phone), including the page display engine used by it, in the latest version available in the official platform for the distribution of mobile applications of the operating system manufacturer (i.e. Google Play for Android or Apple.
Compliance with some of the technical requirements set out in point 7 above may involve the necessity of incurring fees, in particular access to the Internet.
Displaying the Internet Application is possible in a Web Browser that meets the following technical conditions:
a. operating system: Chrome at least version 67, Firefox at least version 61, Safari at least version 11
b. no website modification tools installed c. mobile version of a web browser dedicated to the operating system, referred to in point a, i.e.Google Chrome (for Android) or Safari (for iOS) or Intern et Explorer (for Windows Phone), including the page display engine it uses, in the latest version available on the official mobile distribution platform of the operating system manufacturer (i.e. Google Play for Android or Apple.
Compliance with some of the technical requirements set out in point 7 above may involve the need to pay fees, in particular access to the Internet.
All costs related to the technical requirements shall be borne by the User.
The User is also obliged to refrain from all activities that may hinder access to the Application to other Users and activities that interrupt or prevent the operation of the Application and use of the Services.
The User may use the Services provided by the Licensor only for purposes consistent with generally applicable law and decency. > The User is subject to termination of the Agreement and License Agreement with immediate effect. Ban:
a. providing unlawful content, including content contrary to the principles of social coexistence,
b. sending spam within the meaning of art. 10 of the Act of July 18, 2002 on the provision of electronic services,
c. use the Application in a way that makes its operation difficult or burdensome for the Licensor or other users
If the User violates the prohibition set out in points 9, 10 and 11 above, the Licensor will be entitled to terminate the Agreement and the License Agreement with immediate effect.
If posted by the User content that violates points 9, 10 and 11. The Licensor has the right to remove such content.
The Licensor uses cryptographic protection of electronic transfer and digital content by using appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing data, including through SSL encryption , the use of access passwords and anti-virus programs or against unwanted software.
The Licensor informs that despite the Licensors use of the security referred to in paragraph Above, using the Internet and services provided electronically may be at risk of accessing the ICT system and the Users device, malware or obtaining access to data on this device by third parties. In order to minimize the risk, the Service Provider recommends that the User use anti-virus programs or measures to protect identification on the Internet.
The Licensor reserves the right to a technical break in the operation of the Application up to 24 hours. he is authorized to use the Application.
The information placed in the Application by the Licensor does not constitute an offer within the meaning of the Act of 23 April 1964 - Civil Code, and is only an invitation to conclude a contract.
Downloading and using the Application, as well as provision of Services is free.
The User may register and use the Application 24 hours a day, 7 days a week.
The User may only use the Application via the Account or Trainer Account respectively.
To conclude the Agreement and License Agreements between the Licensor and the User, it is necessary for the User to complete the Registration Form and to activate the "Register" button - under the Registration Form.
After activating the button referred to in paragraph 3 of this paragraph, the User will receive to the e-mail address provided in the Registration Form Confirmation of the Account together with the Regulations in pdf format, including the attached model withdrawal form and the link activating the Account or Trainer Account.
With the activation of the link activating the Account or Trainer Account between The Licensor and the User are concluded with an Agreement and License Agreement for an indefinite period.
In the Registration Form, the User provides the login and password which they will use to access the resources of the Account or Trainer Account respectively. The User is not authorized to provide the login and passwords to a third party.
In order to enable Users to use the Application, the Licensor grants Users a License in the scope of permanent or temporary reproduction of the Application in whole or in part by any means and in any form, to the extent necessary to use the functionality of the Application przezU
. The Agreement and License Agreement may be terminated by the User at any time, without giving reasons, with an immediate effect, via e-mail to the address indicated in the Contact Data or by deleting the Account or the Trainers Account.
License Agreement shall terminate date of expiry or termination of the Agreement.
Through the Application, the User may use the following functionalities:
I: functionalities for a User who is not a Trainer:
a. Settings;
b. Poll;
c. Training;
d. Supplementation;
e. Diet;
f. Reports;
g. Your progress;
h. Ask the trainer.
II: functionalities for the trainer:
a. Poll;
b. Training patterns;
c. Customers;
d. Add Customer;
e. Registration Page;
f. Settings;
g. New reports;
h. Unread messages;
and. New surveys.
The "Settings" function allows you to modify the data assigned to your account.
The "Survey" function allows you to fill in the questions for the trainer, and for the user to complete the answers.
"Workouts" function allows you to view the current training
The "Supplementation" function allows you to display information about the assigned supplementation
The "Diet" function allows you to display information about the assigned diet
The "Reports" function allows you to add a progress report
The "Your progress" function allows you to display progress based on the entered reports < br> The "Ask trainer" function enables communication with the trainer
The "Training patterns" function allows you to create training patterns and later assign them to clients
The "Clients" function allows you to display a list of clients and manage their diets, supplements, payments and other functionalities
"Add Customer allows you to add a new client
The "Registration Page" function allows you to invite and register new clients for a trainer
The "New reports" function allows you to display a list of new reports
The "Unread messages" function allows you to display a list of unread messages
Function "New surveys." Allows you to view a list of newly entered or modified surveys
The Licensor provides the Users with the following Electronic Services free of charge by electronic means:
a) Order Form,
b) Newsletter,
c) Electronic Services enabling the use of the Website.
Services indicated in par. 1 above are provided 7 days a week, 24 hours a day.
The Licensor declares that due to the development of the Website the type, form and time of granting access to selected Electronic Services may change, about which he will inform Participants using Electronic Services about continuous, in a manner appropriate to amend the Regulations.
The Order Form service consists of placing via the form on the Order Page.
The purpose of sending the Newsletter is to send information about promotions and news of the Service Provider or the Licensors partners. In order to subscribe to the Newsletter, it is necessary to agree to receive information about promotions and news from the Service Provider) to the e-mail address provided, to which the Participant will receive an email with an activation link.
The Agreement for the Provision of Electronic Services shall be concluded upon accession by the Participant to use the Electronic Services, and its termination occurs at the end of the Participants use of the appointed Services.
Complaints about services provided by the Licensor may be submitted by the User using Contact Data.
The complaint should contain a brief description of the situation and the Users requests or suggestions, and the information provided above are only recommendations and are intended to facilitate consideration complaint. Failure to meet the above-mentioned requirements by the User does not affect the date and manner of handling the complaint.
The Licensor will consider the complaint within 30 Calendar Days from the date of receipt of the complaint. Lack of response to the complaint of the User who is a Consumer within the deadline indicated in the first sentence means that the Licensor accepts the complaint. The Licensor will respond to the complaint to the User who is a Consumer in writing or by electronic means.
The Licensor is not responsible for the consequences of providing false data by the User.
The Licensor is liable to the User who is not a Consumer for damage resulting from failure to perform or improper performance of their obligations under the Regulations, including the Agreement only if the damage arising from the intentional fault of the Licensor.
The Licensor is not responsible for trainings, diets, supplements and all other information provided by trainers.
The Licensor shall not be liable for faulty or incorrect operation of the software.
If the Licensors action or omission, from which the damage results will be the non-performance or improper performance of any of the Licensors obligations under the Regulations, including the Agreement, the User who is not a Consumer shall not be entitled to a claim for compensation for damage arising from an unlawful act.
Post new paragraph 3 above does not apply to personal injury.
The User who is a Consumer who has concluded the Agreement and the License Agreement may pursuant to art. 27 of the Act of 30 May 2014 on consumer rights within 14 Calendar Days to withdraw from them without giving reasons and without incurring additional costs, with the exception of costs due to the Licensor for the service performed until the withdrawal, provided that the User was obliged in accordance with the agreements referred to Costs.
To meet the deadline specified in para. 1 of this paragraph, it is sufficient to submit a statement of withdrawal using Contact Data, with the Licensor recommending sending the said statement via e-mail. The above recommendation does not affect the effectiveness of the statement made by the User who is a Consumer in another way. The Licensor will confirm by e-mail the receipt of a statement of withdrawal from the User from the Consumer.
The deadline referred to in paragraph 1 of this paragraph is calculated from the date of conclusion of the Agreement and License Agreement.
An example of a model statement of withdrawal is Annex No. 1 to the Regulations and Annex No. 2 to the Act of 30 May 2014 on consumer rights. The attached template is only ancillary and the submission of a statement in another form does not affect its effectiveness.
Submission of a statement of withdrawal from the Agreement and License Agreement will delete the Users data within 7 business days from the date of receipt of the statement by the Licensor, and the User will be entitled to use the Application and Services, unless they register again in accordance with the Regulations.
If the Licensor does not accept the complaint of the Consumer, and the Consumer does not agree with the Licensors position, the Consumer is entitled to submit the dispute to the arbitration court or may refer the mediation or arbitration (ADR) to the appointed court.
Information on access to the procedures indicated in para. 1 of this paragraph for Users who are Consumers can be found on the page of the Office of Competition and Consumer Protection at https://uokik.gov.pl/spory_konsumenckie.php and on the websites of poviat consumer ombudsmen, Voivodship Inspectors of Trade Inspection and social organizations whose subject of activity is the protection of rights consumers. If the User is a Consumer, any disputes arising from the Regulations or the Agreement or License Agreement may also be resolved through the online dispute resolution (ODR) platform available at http://ec.europa.eu/consumers/odr/.
In the event that the out-of-court consideration of the complaint does not lead to the settlement of the dispute between the Licensor and the User who is a Consumer, the dispute will be subject to the settlement of a court of local and factual jurisdiction.
Disputes arising in connection with the conclusion or performance of the Agreement between the Licensor and the Non-Consumer User will be pending before the competent court for the city of Bialystok in Poland.
In the event of a conflict of the Regulations with the consumers rights arising from generally applicable provisions, the provisions of the Regulations contrary to the law will not be binding on the Consumer, and the Licensor will take actions or omissions in accordance with the legal norms.
The Licensor is entitled changes to the Regulations for important reasons, i.e. changes in the Application or in the law or interpretation of the law. With regard to continuous contracts, e.g. Contract and License Agreement concluded on the basis of the Regulations, the amended Regulations bind the User if the requirements under Article 384 and 384 [1] of the Civil Code have been met, i.e. he has been properly informed of the changes (to the e-mail address e-mail address provided during registration) and, in addition, the Consumer will not inform the Licensor within 14 days of receiving the amended Regulations that he does not accept it. In the event that a change in the Regulations will result in the continuation of contracts with the introduction of new fees or an increase in existing fees, the Consumer will be entitled to withdraw from the continuous contract.
In matters not covered in the Regulations, the generally applicable provisions of Polish law will apply, although this choice will not deprives the Consumer of the protection granted to him by the mandatory law of his country of residence.
One attachment has been made to the Regulations, which constitutes its integral part.
TEMPLATE FOR WITHDRAWING FROM A CONTRACT
[place and date]
[Users name and address]
[company name]
[address, phone, email]
DECLARATION OF WITHDRAWAL FROM THE CONTRACT
I, the undersigned [name of the User] inform about my withdrawal from the contract [description of the contract]
signature