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TERMS AND CONDITIONS

2022-10-05 2022-12-29 12:16

TERMS AND CONDITIONS

TERMS AND CONDITIONS
OF THE MOveTIVATION APPLICATION

These Terms and Conditions set forth the general rules for the use of the MOveTIVATION application, as well as for the provision by Fit Matka Wariatka sp. z o.o. (limited liability company) („Fit Matka Wariatka”, “we, “us, “our”) of other services related to the Application (collectively “Services”), and define the terms and conditions for the provision of electronic services to Users.

§ 1
DEFINITIONS AND CONTACT INFORMATION

  1. Subscription – fee for access to paid content and materials made available in the Application for a period of one (1) or three (3) months
  2. Application – mobile application under the name MOveTIVATION, i.e. software that allows access to workouts and other content related to training and healthy lifestyle, provided by Fit Matka Wariatka
  3. Fit Matka Wariatka – Fit Matka Wariatka sp. z o.o. (limited liability company) with its registered office in Pszczyna, at Ziemowita Street 7/2, 43-200 Pszczyna, Poland, entered in the Register of Entrepreneurs kept by the District Court of Katowice-Wschód in Katowice (Poland), VIII Economic Department of the National Court Register under KRS number: 0000733332, NIP (tax identification number): 6381834164, REGON: 380306799, with share capital of PLN 5,000.00.
  4. Consumer – a natural person making a legal transaction with an entrepreneur which is not directly related to his/her business or professional activity
  5. User Account – a panel individual for each User, launched on their behalf by the Service Provider, after the User registers, allowing the User to use the Application
  6. Newsletter – information in the form of an e-mail sent periodically by the Service Provider via email to the email address to which the User Account is registered, containing commercial information of the Service Provider, in particular regarding the offer of the Service Provider, the Application, news, promotions, contests
  7. Settlement Period – the Subscription period selected by the User equal to the subscription period of the Application in the Google Play store or App Store
  8. Workout Plan – sets of exercises for each day, with possible rest days, developed on behalf of Fit Matka Wariatka, assuming progression to successive levels of difficulty and intensity of exercises
  9. Privacy Policy – the rules of processing personal data applicable to the Service Provider
  10. Account Maintenance – the service provided by the Service Provider, consisting of maintaining and keeping the User’s Account
  11. Data Storage – a service provided by the Service Provider, consisting of storing the User’s data entered into the Application on the Service Provider’s dedicated servers
  12. Terms and Conditions – these regulations
  13. Website – en.movetivation.app
  14. Information and Communication System – a set of cooperating IT devices and software, providing for processing and storing, as well as sending and receiving data via telecommunication networks by means of an appropriate terminal equipment for a given type of network, as defined by the Polish Telecommunications Law
  15. Content Sharing – a service provided by the Service Provider to make digital content available in the Application, in particular such as Workout Plans, exercise instructional videos, workouts and other videos and in pdf format
  16. License Agreement – a license agreement under which the User has a non-exclusive right to use the Application and the materials made available therein, exclusively for non-business purposes, to the extent specified in the Terms and Conditions
  17. Service Agreements – agreements for provision of services by electronic means (Content Sharing, Account Maintenance, Data Storage, Newsletter service) concluded remotely, under the terms set forth in the Terms and Conditions, between the User and the Service Provider
  18. Free-of-charge Services – services of a free of charge nature provided by the Service Provider electronically in connection with the Content Sharing, i.e. Account Maintenance and Data Storage
  19. Service Provider – Fit Matka Wariatka
  20. User – a natural person using the Application, i.e. a person for whom services are provided electronically and who is a licensee, under the terms of the Terms and Conditions

FIT MATKA WARIATKA CONTACT INFORMATION:

  • registered office and mailing address: Ziemowita Street 7/2, 43 – 200 Pszczyna, Poland
  • email address: movetivationbyfmw@gmail.com
  • website: en.movetivation.app
  • phone number: +48 883 221 300

§ 2
BASIC PRINCIPLES OF USING THE APPLICATION

  1. Fit Matka Wariatka through the Application makes available to the User in digital form content and materials, in particular, such as the Workout Plan, instructional videos for exercises, videos of workouts other than those provided as part of the Workout Plan and other videos and in pdf format.
  2. Workout Plan materials (videos with exercise sets for a given day) are made available in the Application to a given User gradually – the condition for making an exercise set for the next day available is playing (without scrolling) 90% of the video containing the workout for a given day. Exercise sets that have already been made available are available to the User throughout the term of the Content Sharing Agreement.
  3. Other materials will be available to the User in the Application for the entire duration of the agreement on Content Sharing.
  4. Photos and information entered by the User in the Application (name/alias, measurements of abdomen, hips, thighs) are collected on the dedicated server of Fit Matka Wariatka within the User Account. Providing the above information is necessary to start using the Application. Uploading photos is not necessary to start using the Application, although it is recommended for monitoring the results of, among others, the Workout Plan.
  5. The Application may be used only by persons:
    1. adults who are not completely incapacitated,
    1. with whom there are no health contraindications to exercise provided in the Application, including the Workout Plan.
  6. It is prohibited for the User to provide unlawful or offensive content to the Application, as well as for the User to undertake actions in the scope of using the Application that are contrary to the Terms and Conditions or that may cause disruption or damage to the Application.

§ 3
IMPLEMENTATION OF THE WORKOUT PLAN – RESULTS AND HEALTH CONCERNS

  1. The results of the Workout Plan or the User’s performance of other exercises made available in the Application depend on many factors, including the proper performance of the exercises, the User’s health condition, the characteristics of their body, diet or lifestyle.
  2. Fit Matka Wariatka assures that the Workout Plan is developed to achieve results such as fat loss, body sculpting, muscle strengthening, improvement of overall physical condition, however, due to the factors described in section 1, the achievement of these results and their degree in the case of a particular User may vary, and Fit Matka Wariatka cannot guarantee that the User will achieve the intended results.
  3. The Application may provide sample menus that may be used in conjunction with the Workout Plan (due to their caloric content). The menus do not constitute an individually tailored diet for a given User and, in particular, do not take into account the health condition and special nutritional requirements of a given User.
  4. The Application may provide other video materials on mental and physical health in the broadest sense. These materials contain general information and do not replace a visit to a specialist. The User’s adherence to any tips or advice contained in the materials without individual consultation with a specialist is at the User’s risk.
  5. Fit Matka Wariatka does not provide medical, psychological, therapeutic, physiotherapeutic, dietary services or consultations in this regard, in particular on issues related to the possibility of using the menus provided in the Application, the implementation of the Workout Plan by a given User or the performance of individual exercises.
  6. The User undertakes the execution of the Workout Plan, the performance of individual exercises and the application of the menu at their own risk. If the User has any doubts in this regard, it is necessary to consult a doctor, physiotherapist or nutritionist. Fit Matka Wariatka recommends before using the materials made available in the Application to consult a doctor, physiotherapist, nutritionist or personal trainer, who will assess the risks and acceptability of following a Workout Plan, performing particular exercises or using a menu by a particular User. In the event of side effects, injury or other ailments, you should immediately discontinue further implementation of the Workout Plan, performance of individual exercises or use of the menu and consult a physician as soon as possible.
  7. The Workout Plan, other exercises provided in the Application and menus are not intended for pregnant women, children and adolescents and persons suffering from acute and chronic diseases.

§ 4
TECHNICAL CONDITIONS OF USE OF THE APPLICATION AND RISKS

  1. To use the Application, it is necessary to meet the following technical requirements together:
    1. possession of a mobile device capable of connecting to the Internet,
    2. 2active connection of the device referred to above with the Internet,
    3. properly installed on the device referred to above iOS operating system (version 11 or later) or Android (version not less than Lollipop 5.0 API level 23),
    4. having an active and properly configured email account,
    5. downloading and installing the Application on a mobile device.
  2. The technical conditions of use of the Application are important for the correct functioning of the Application, the way it is displayed, as well as for the security of transmitted data.
  3. The Application is a mobile application and works only on mobile (portable) devices, such as cell phones, smartphones, tablets.
  4. The specific risks associated with the use of the Application are the possibility of unauthorized persons gaining access to and interfering with data transmitted over the network or stored on devices connected to the network, which may result, in particular, in their loss, unauthorized modification or inability to use the services offered using the Application.
  5. Fit Matka Wariatka may introduce additional software or data into the Information and Communication System used by the User that is not a component of the services provided by Fit Matka Wariatka, in particular, it may use cookies or similar technologies other than those absolutely necessary, if the User has previously consented to this in the manner described in the Privacy Policy.
  6. Fit Matka Wariatka informs you that the installation of updates to the Application provided from time to time may be necessary for the proper operation of the Application and to ensure an adequate level of security. Fit Matka Wariatka recommends that you install such updates as soon as they become available through the Google Play store and App Store.
  7. You should install operating system updates as recommended by the manufacturer of your device and the manufacturer of the operating system. Failure to update the operating system or the Application may lead to a decrease in the security of the use of the Application.
  8. Access to the Application may be password protected. Closing the Application, termination of data transmission, loss of connection or device shutdown will not automatically log you out of the Application.
  9. Fit Matka Wariatka recommends that if the User’s use of a particular device is terminated, the Application should be removed from the device by uninstalling it before transferring it to a third party.

§ 5
CONTRACT CONCLUSION, PRICE AND PAYMENT

  1. The Application is available for download only from the Google Play store (for Android mobile devices) and the App Store (for iOS mobile devices). Downloading the Application and installing it on a mobile device is free of charge. The use of all or part of the materials available in the Application (in particular the Workout Plan) is subject to the purchase of a Subscription.
  2. By purchasing a Subscription (in the Google Play store or App Store), a Content Sharing Agreement and a related License Agreement are concluded between the User and Fit Matka Wariatka, through the respective stores.
  3. The License Agreement allows the User to use the Application and the materials made available therein that are protected under the Polish Copyright and Related Rights Act of February 4, 1994 to the extent indicated in section 4 below.
  4. The subject matter of the License Agreement is granting the User a non-exclusive right to use the Application and the materials made available therein, exclusively for non-business purposes, consisting in:
    1.  downloading the Application, saving it on your mobile device and using its functionality,
    1. storing, playing, using and displaying a copy of the Application and the materials posted therein and accessing them on a mobile device and a stationary device.
  5. After downloading and installing the Application on the User’s mobile device and after registration of the User Account, in order to purchase a Subscription, the User shall select the type of Subscription (monthly or 3-monthly), and then, subject to section 8, the User shall pay the subscription fee in accordance with the selected type of Subscription. Before selecting the type of Subscription, the User has the opportunity to read the Terms and Conditions and Privacy Policy. Reading and accepting the Terms and Conditions is a prerequisite for entering into the Service Agreements and the License Agreement, and consequently for using the Application.
  6. The Content Provision Agreement and License Agreement are concluded between Fit Matka Wariatka and the User at the time of placing an order for Subscription to the Application in the Google Play store or App Store.
  7. The Subscription (subscription fee for the Application) is charged by the operator of the Google Play store or App Store, using the User’s account registered in these stores. The terms of use of the Google Play store or App Store, technical conditions, charging rules, payment methods, refund and cancellation rules, as well as the processing of personal data provided in connection with the purchase of access to the Application, are determined by the operators of these stores.
  8. Until December 31, 2022, access to all materials in the Application will be provided to Users free of charge on a trial basis. After this period, a free 7-day trial period will be available in each type of Subscription when the Subscription is first purchased within a given Google Play or App Store account. During the trial period, all content and materials are available in the Application, with limitations due to the Workout Plan implementation rules described in § 2.2. After the expiration of the 7-day trial period, the User will automatically be charged for the first Settlement Period, according to the type of Subscription previously selected by the User, unless the User cancels the Subscription 24 hours prior to the expiration of the period in the Google Play store or App Store.
  9. The Settlement Period shall be calculated from the date the User is charged for the respective Settlement Period.
  10. The amount of the Subscription is indicated in the Application when selecting the Settlement Period and in the description of the Application posted in the Google Play store and App Store.
  11. The User’s use of data transmission services or voice calls in connection with the download or use of the Application may involve fees charged by the telecommunications operator providing telecommunications services to the User. The User shall be responsible for payment of such fees.   

§ 6
CONTRACT TERMINATION

  1. At the end of the Settlement Period selected by the User, the Content Sharing Agreement and the License Agreement (Subscription) shall automatically renew for the next Settlement Period corresponding to the period originally selected by the User (unless the User changes the subscription by changing the type of Subscription in the manner provided in the Google Play store or App Store), which shall be equivalent to charging the User for the next Settlement Period. The fee will not be charged if the User cancels the Subscription – in the manner provided for in the Google Play store or App Store, in each case no later than 24 hours before the start of the next Settlement Period. Cancellation of the subscription within this period will have effect starting from the next Settlement Period. Cancellation of the subscription in the above manner is equivalent to termination of the Content Sharing Agreement and the License Agreement.
  2. Cancellation of the subscription (termination of the agreements) shall result in termination of the agreement on Content Sharing and the License Agreement as of the last day of the subscription term, and thus in the User’s loss of access to some or all of the materials made available in the Application, in particular to the Workout Plan. Re-purchasing the subscription under the same User Account allows the User to continue the Workout Plan previously completed by the User.
  3. The uninstallation of the Application from the device is not equivalent to cancellation of the subscription.

§ 7
USER ACCOUNT MAINTENANCE AND USER DATA STORAGE SERVICE

  1. Fit Matka Wariatka provides Users with Free-of-charge Services, closely related to the Provision of Content, namely:
    1. the Account Maintenance service,
    2. the Data Storage service.
  2. The Services indicated in section 1 are related services, performed jointly.
  3. The Services indicated in section 1 shall be provided 7 days a week, 24 hours a day.
  4. The contract for the provision of Free-of-charge Services is concluded between the Service Provider and the User at the time of registration of the User’s Account.
  5. The Service of Account Maintenance and Data Storage are available after registration of the User’s Account under the terms described in the Terms and Conditions. The Account Maintenance Service consists in providing the User with a dedicated panel within the Application, allowing the User to modify the data they provided during registration, as well as to access their data entered into the Application and stored by the Service Provider. The Data Storage Service consists of storing the data entered into the Application by the User on the Service Provider’s dedicated server.
  6. The use of the Free-of-charge Services is voluntary, but necessary for the use of the Application.
  7. The User may notify Fit Matka Wariatka of a request to delete the User Account and to discontinue the provision of the Free-of-charge Services to the User (i.e., to terminate the Agreements) at any time after cancellation or termination of the subscription to the Application, provided that the User has not re-purchased the subscription to the Application under such User Account. In this case, the User Account and all data entered by the User in the Application will be deleted up to 14 days after the request. Due to the impossibility of using the Application without providing the Users with the Free-of-charge Services, it is not possible to terminate the agreements on this subject without notice or to terminate the agreement on Provision of Content in accordance with the procedure provided for in § 6.
  8. The User acknowledges that deletion of the User’s Account and discontinuation of the provision of the Free-of-charge Services to the User will result in the inability to continue using the Application and, upon re-purchase of the Application subscription, the necessity to re-establish the User’s Account, enter the data and the necessity to start the Workout Plan anew.
  9. The Service Provider shall be entitled to block access to the User’s Account in the case of the User’s acting to the detriment of the Service Provider or other Users, the User’s violation of the law or the provisions of the Terms and Conditions, as well as when blocking access to the User’s Account is justified by security reasons – in particular: the User’s breaking the security of the Service Provider’s Information and Communication System or other hacking activities. The blocking of access to the User’s Account for the aforementioned reasons lasts for the period necessary to resolve the issue forming the basis for blocking access to the User’s Account. The Service Provider shall notify the User of the blocking of access to the User Account by e-mail to the e-mail address to which the User Account was registered.

§ 8
NEWSLETTER

  1. The Service Provider shall provide Users electronically with a free Newsletter service consisting of sending Users, to the email address to which the User Account was registered, email messages containing commercial information of the Service Provider, i.e. information concerning the Application and other actions of the Service Provider, in particular offered services, contests, promotions, news in the Application.
  2. In order to use the Newsletter service, the User agrees to receive it upon User Account registration or subscribes to the Newsletter by clicking on the icon available in the Application. In order to confirm signing up for the Newsletter, the User must click on the activation link included in the email sent to them.
  3. Subscribing to the Newsletter is tantamount to expressing consent for the Service Provider to send commercial information to the User at the email address to which the User Account was registered, as well as to expressing consent for us to work with a third party service provider to deliver a Newsletter.
  4. The User shall immediately receive, by email to the email address to which the User Account was registered, confirmation of subscription to the Newsletter. With this moment, the contract for electronic provision of the Newsletter service is concluded.
  5. Each Newsletter shall contain, in particular: information about the sender, filled in field „subject”, defining the content of the message and information about the possibility and manner of resignation from the free Newsletter service.
  6. The User may resign from receiving the Newsletter at any time by unsubscribing via a link provided in each email sent as part of the Newsletter service or by activating the appropriate field in the Application.
  7. Unsubscribing from the Application purchased from Google Play store or App Store or deletion of the User Account does not mean automatic unsubscription from the Newsletter, and it is required to take the actions indicated in section 6 for this purpose.

§ 9
TECHNICAL CONDITIONS FOR THE USE OF FREE-OF-CHARGE SERVICES AND NEWSLETTERS, RISKS

  1. The technical requirements necessary to use the Free-of-charge Services are as follows:
    1. possession of a device capable of connecting to the Internet,
    2. active connection of the device referred to above to the Internet,
    3. having an active and properly configured email account,
    4. an installed web browser (Mozilla Firefox, Google Chrome, Opera, Microsoft Edge, Safari, etc.),
    5. enabled JavaScript service.
  2. The User’s use of the Newsletter service is conditional on having an active and properly configured email account.
  3. Fit Matka Wariatka may introduce into the Information and Communication System used by the User additional software or data that are not a component of the services provided by Fit Matka Wariatka, in particular, may use other than absolutely necessary cookies or similar technologies, if the User has previously consented to this in the manner described in the Privacy Policy.
  4. The Service Provider shall not be obliged to check the transmitted, stored or shared content that has been entered by the User into the Service Provider’s Information and Communication Systems (Application). If the Service Provider obtains credible information or official notification of the unlawful nature of such content or related activities, the Service Provider may remove such content and/or suspend the User’s access to the services provided. In such a case, the Service Provider shall not be liable for the removal of the content referred to in this section or for the suspension of access to the services under this section.
  5. The Service Provider reserves the right to conduct necessary maintenance work on the Information and Communication System, which may cause temporary difficulties or prevent Users from using the services.
  6. In special cases affecting the security or stability of the Information and Communication System, the Service Provider shall have the right to temporarily discontinue or restrict the provision of services, without prior notice and carry out maintenance work to restore the security and stability of the Information and Communication System.
  7. The use of services provided electronically involves the risk of infecting the Information and Communication System with unwanted software, including software whose sole purpose is to cause damage. In order to avoid the risks associated with unwanted infection of the Information and Communication System, it is recommended to install anti-virus software on the device used by the User. It is recommended that the antivirus program be continuously updated as soon as installable updates are released. In addition, it is recommended that the User have a system firewall running on the device.
  8. In addition to the dangers of infecting the Information and Communication System, hacker attacks are among the possible threats. The Service Provider declares that it employs safeguards to prevent or significantly impede hacking into the Service Provider’s system. However, Service Provider cannot guarantee the safety or security of the services.

§ 10
USER ACCOUNT REGISTRATION

  1. Registration of the User Account is free of charge and voluntary, but is necessary for the use of the Application, Content Sharing and Free-of-charge Services.
  2. The registration of the User Account may be done by logging into the Application via Facebook account, Google account or via email.
  3. The procedure of registration of the User Account by email is carried out by completing the form provided in the Application, including the User’s email address and password. In the course of registration, it is required to accept these Terms and Conditions and Privacy Policy by clicking on the checkbox visible during registration.
  4. Once the registration form is completed and the potential User makes an application in the procedure described in section 3, Fit Matka Wariatka creates a User Account. Subsequently, Fit Matka Wariatka sends an email to the User at the email address indicated during registration with instructions to activate the User Account. Upon activation of the User Account, the registration is completed.

§ 11
WITHDRAWAL FROM THE AGREEMENT

  1. The User, as a Consumer, has the right to withdraw from the Service Agreements and the related License Agreement, without giving reasons and without incurring costs, within 14 days from the date of conclusion of these agreements. Withdrawal from the Content Sharing Agreement automatically includes the License Agreement (and vice versa). Withdrawal from any of the agreements on Free-of-charge Services, includes all the Service Agreements and the License Agreement.
  2. In order to exercise the right to withdraw from the Content Sharing Agreement and the License Agreement, the User:
    1. makes a statement to the operator of the store through which the Agreements were concluded (the Application was purchased) in accordance with the rules of such stores, or
    2. submits a statement to the Service Provider on this subject in writing to the address: Ziemowita Street 7/2, 43-200 Pszczyna, Poland or by email to: movetivationbyfmw@gmail.com
  3. In order to exercise the right to withdraw from contracts on the subject of Free-of-charge Services, the User shall submit to the Service Provider a statement on this subject in writing to the address: Ziemowita Street 7/2, 43-200 Pszczyna, Poland or by email to: movetivationbyfmw@gmail.com
  4. When making a statement, the User may use the form of withdrawal from the contract, which constitutes Attachment No. 1 to these Terms and Conditions; the use of the form is not mandatory.
  5. Sending the statement of withdrawal from the contract before its expiration is sufficient to meet the deadline indicated in section 1. If the statement of withdrawal is submitted electronically, the User will receive an immediate confirmation of receipt of the statement of withdrawal.
  6. In connection with the mode of conclusion of agreements on the Application (via Google Play store or App Store) and the provision of services excluded by electronic means, the User choosing the mode of withdrawal referred to in section 2.2, as well as withdrawing from the agreements on the Free-of-charge Services, in order to avoid further charging for the Application, must additionally cancel the subscription to the Application under the terms of the Google Play store or App Store. Fit Matka Wariatka informs that it does not have access to the User’s account in the App Store, and therefore it is not possible to cancel the subscription of a given User with effect against the App Store. In the case of an account in the Google Play store, Fit Matka Wariatka also does not have access to the User’s account, however, it is possible to take the above actions from the developer’s account after obtaining from the User the order number for a given subscription. The User, after submitting a statement of withdrawal from the Agreement in accordance with the procedure referred to in section 2.2., should furthermore immediately cease using the Application due to the fact that as a result of submitting a statement of withdrawal from the Agreement, the agreements concluded with Fit Matka Wariatka are considered not concluded, and consequently the User loses the legal title to use the Application.
  7. Fit Matka Wariatka will refund the payment to the bank account indicated by the User immediately, but no later than 14 days from the date of receipt of the withdrawal statement. In the event of withdrawal from the agreement in accordance with the procedure indicated in section 2.1., the refund of the payment will be made through and in accordance with the rules of the store where the Application was subscribed.

§ 12
COMPLAINTS

  1. The Service Provider shall make every effort to ensure that the Application operates smoothly and that the User is able to take full advantage of all its functionalities, and to properly perform the Agreements for the provision of services. The Service Provider is obliged to provide services in accordance with the concluded Agreements, and therefore, in particular, is responsible for the proper performance of the services provided to the User referred to in these Terms and Conditions.
  2. The User may file a complaint:
    1. in writing to the address: Ziemowita Street 7/2, 43 – 200 Pszczyna, Poland or
    2. by email to the address: movetivationbyfmw@gmail.com
  3. The complaint should contain: the User’s contact details (first name, surname, correspondence or email address), the email address for which the User Account was registered, the date of subscription to the Application and indication of the store where the subscription was purchased, definition of the reason for the complaint and indication of what the User demands in connection with the complaint.
  4. The Service Provider shall promptly, but not later than within 30 days, consider the complaint and provide the User with a response, unless a shorter period for responding to the complaint is required by mandatory provisions of law.
  5. If the Service Provider does not recognize the User’s complaint, and the User disagrees with such decision, the User may turn to the entity authorized to conduct proceedings for out-of-court settlement of consumer disputes, which for the Service Provider is: Trade Inspection, Silesian Regional Inspector of Trade Inspection in Katowice, 4 Brata Alberta St., 40-951 Katowice, Poland, www.katowice.wiih.gov.pl, e-mail: sekretariat@katowice.wiih.gov.pl
  6. The User may proceed to resolve the dispute online through the platform:
    https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ENG
  7. Complaints may also be submitted through the procedure applicable to the Google Play store and App Store.

§ 13
COPYRIGHTS

The Application and the content and materials made available within it are protected as works within the meaning of the Polish Act on Copyright and Related Rights of February 4, 1994, and may not be distributed or used by the User in a manner contrary to the terms of the license referred to in § 5 sections 3 and 4.

§ 14
PERSONAL DATA

The rules of processing of Users’ personal data by Fit Matka Wariatka are regulated in the Privacy Policy.

§ 15
FINAL PROVISIONS

  1. The Terms and Conditions are made available free of charge in the Application and on the Website in a manner that allows it to be displayed, downloaded, recorded and printed.
  2. The law applicable to the Service Agreement and the License Agreement shall be Polish law, with the provision that the choice of Polish law shall operate without prejudice to the protection afforded to Consumers by mandatory laws of the country of their habitual residence.
  3. In matters not regulated herein, the following acts of Polish law shall apply in particular:
    1. the Law of May 30, 2014 on Consumer Rights,
    2. the Act of 18 July 2002 on the provision of electronic services,
    3. the Act of April 23, 1964 on the Civil Code,
    4. the Act on Copyright and Related Rights of February 4, 1994.
  4. The Service Provider shall be entitled to amend these Regulations for important reasons, in particular such as:
    1. change in the state of the law requiring amendments to the Terms and Conditions,
    2. changes in the functioning of the Application,
    3. changes in the rules of operation of the Google Play store or App Store,
    4. correction of errors and mistakes in the Terms and Conditions.
  5. The User who already has a Service Agreement and License Agreement concluded with the Service Provider shall be informed by email about the change of the Terms and Conditions. The new version of the Terms and Conditions will be made available in the Application in the Settings section and on the Website.
  6. The new version of the Terms and Conditions shall be effective with respect to the User referred to in section 5 on the date indicated in the new version of the Terms and Conditions, but not earlier than (depending on which event occurs earlier):
    1. starting from the next Settlement Period if information about the change of the Terms and Conditions and the new version of the Terms and Conditions was sent to the User no later than 21 days before the end of the current Settlement Period,
    2. after the end of the next Settlement Period, if information about changes to the Terms and Conditions and the new version thereof was sent to the User no later than 21 days before the end of the current Settlement Period,
    3. after the User downloads an update to the Application in connection with which the Terms and Conditions are amended.
  7. If the User does not agree with the changes to the Terms and Conditions, they shall be entitled to terminate the Service Agreement and the License Agreement on the terms described in § 6 – § 8.
  8. To the Service Agreements and License Agreements entered into after the date indicated as the effective date of a given version of the Terms and Conditions, the Terms and Conditions in the amended version shall apply.
  9. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

ADDITIONAL PROVISIONS REGARDING THE USERS IN THE USA:

OWNERSHIP

The Services and all of the Content (defined next) are owned by Fit Matka Wariatka and/or our licensees, or licensors.  Your use of the Services does not grant you any right to this content.  Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services (including past, present and future versions of the Services), including, without limitation: graphics; layout; text; instructions; images; audio; videos; designs; trademarks and logos; any and all copyrightable material (including source and object code); the Workout Plan, and the „look and feel” of the Services (collectively, the „Content”) is owned, controlled or licensed by Fit Matka Wariatka, our subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by us, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Content not expressly granted to you under these Terms are hereby reserved.

The Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of Fit Matka Wariatka, unless and except as is expressly provided in these Terms. Any other use of the Content without the prior written authorization of us is strictly prohibited.

LICENSE

You hereby grant to Fit Matka Wariatka a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully transferable and sub-licensable right and license to use, reproduce, modify, adapt, reformat, publish, translate, create derivative works from, distribute, transmit, perform, and display all data, feedback, or other information submitted, posted, published, transmitted, or displayed on or via the Services, and to incorporate such data in other works in any form, media, or technology now known or later developed.  Fit Matka Wariatka shall have no obligation of any kind with respect to any such data that you submit, post, publish, display, or transmit via the Services.  You represent and warrant that you have proper authority to grant this license.

USER CONDUCT AND RESPONSIBILITIES

As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms.  Additionally, you agree, without limitation, not to:

  • Use any content or information available on the Services for any unauthorized purpose;
  • Interfere with or damage the Services or servers or networks connected therewith or disobey any requirements, procedures, policies, or regulations of networks connected to the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, denial of service attacks, forged routing of electronic mail address information, or similar methods or technology;
  • Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
  • Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
  • Attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Services;
  • Harvest or collect personal data (as defined in our Privacy Policy) about any other individual who uses the Services;
  • Make any statements, express or implied, that you are endorsed by Fit Matka Wariatka without our specific prior written consent;
  • Infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties;
  • Upload, post, submit, publish, transmit or display in connection with the Services any information or material that threatens or abuses others, libels, defames, invades privacy, is false, discriminatory, hateful, harassing, or offensive, or otherwise injurious or objectionable; or
  • Assist any third party in engaging in any activity prohibited by these Terms.

You are solely responsible for your conduct and any data that you submit, post, transmit, or display on or through the Services.  We reserve the right to remove, block, and/or monitor, without notice, any visitor that we consider, for any reason, to violate these Terms or to be outside the subject scope of the Services.  In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate these Terms, we may take any action we deem necessary to cure or prevent the violation.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON THE SERVICES, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE SERVICES INCLUDING COMPUTER VIRUSES). TO THE EXTENT PERMITTED BY LAW, COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE “COMPANY PARTIES”) PROVIDE THE SERVICES, INCLUDING WITHOUT LIMITATION, THE COMPANY MATERIALS, “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES.

NO INFORMATION PROVIDED VIA THE SERVICES SHALL CREATE ANY WARRANTY.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: (i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, ACCURACY, TRUTHFULNESS, OR COMPLETENESS OF THE SERVICES; (ii) THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE; (iii) THAT THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS; (iv) AS TO THE QUALITY OR VALUE OF ANY OF COMPANY’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE SERVICES; (v) THAT ANY ERRORS PERTAINING TO THE SERVICES WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (F) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). 

IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICES DURING THE PRECEDING YEAR. 

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES.  BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

We reserve the right, at any time, in our sole and exclusive discretion, to amend, modify, suspend, or terminate the Services, or any part thereof, and/or your use of or access to them, with or without notice.  Fit Matka Wariatka shall have no liability to you or any other person or entity for any modification, suspension, or termination, or any loss of related information.

INDEMNIFICATION

You (and any third party on whose behalf you use the Services) agree to indemnify, defend, and hold harmless the Company Parties from any claims, liabilities, damages, losses, costs, and/or expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with the following (whether resulting from your activities on the Services or those conducted on your behalf): (i) your access to or use of the Services; (ii) your breach or alleged breach of these Terms; or (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.  You agree that the Company Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold harmless any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Company Parties in connection therewith.  You will cooperate as fully required by Company in the defense of any claim.  The Company Parties reserve the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify the Company Parties.  You shall not settle any claim without the prior written consent of Company.

DISPUTE RESOLUTION

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.

Informal Process. You agree that in the event of any dispute between you and Fit Matka Wariatka, you will first contact Fit Matka Wariatka and make a good faith sustained effort for a minimum of thirty (30) days to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

Agreement to Arbitrate. After the informal dispute resolution process is completed, any remaining controversy or claim arising out of or relating to these Terms or Fit Matka Wariatka’s services and/or products, including but not limited to the Services, or relating in any way to the communications between you and Fit Matka Wariatka or any other user of the Services, including any breach, termination or validity thereof, as well as all questions of arbitrability, shall be finally resolved by one arbitrator in arbitration administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with its International Arbitration Rules (“ICDR Rules”). A copy of the ICDR Rules can be accessed at https://www.icdr.org/rules_forms_fees, or by calling the ICDR at +1 888.855.9575 or +1 212.484.4181.  The Parties shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the ICDR.  This mandatory arbitration agreement applies to you and to Fit Matka Wariatka.  However, this arbitration agreement does not (a) govern any Dispute by Fit Matka Wariatka for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms, or (b) bar you from making use of applicable small claims court procedures in appropriate cases. 

Seat & Language of the Arbitration. The place, or legal seat of arbitration, shall be New York, USA, and the language of the arbitration shall be English.

Class Action Waiver. You may only bring claims in you individual capacity on your own behalf, and not in any representative capacity, or on behalf of any class or purported class, and no arbitration commenced hereunder may be joined with or include any claims by any other persons, unless both parties consent. You also waive any right to participate in any class asserting claims covered by this Arbitration Agreement. Each party shall bear its own arbitration filing fees.

Waiver of Jury Trial.  If for any reason a claim proceeds in court rather than in arbitration, you and Fit Matka Wariatka each waive any right to a jury trial.

Interim Measures. The arbitrator shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as an amiable compositeur or to proceed ex aequo et bono.  Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

Costs & Attorneys Fees. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, may inlcude reasonable attorneys fees. Fit Matka Wariatka, however, shall only be awarded attorneys fees if the other party’s claims are expressly deemed by the arbitrator to be frivolous.  Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Confidentiality. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.

Law Governing the Arbitration Agreement. You agree that the Arbitration Act, 1996, governs the interpretation and enforcement of this provision, and that you and Fit Matka Wariatka are each waiving the right to a trial by jury or to participate in a class action.  This arbitration provision will survive any termination of these Terms.

Attachment No. 1

WITHDRAWAL FROM CONTRACT FORM
(This form must be completed and returned only if you wish to withdraw from the contract)

Fit Matka Wariatka sp. z o.o.
Ziemowita 7/2, 43 – 200 Pszczyna
Poland
email address: movetivationbyfmw@gmail.com

Declaration of withdrawal from the contract

I hereby inform you that I withdraw from the ___________* electronic service agreement and the license agreement:

date of subscription purchase of the Application:  _______________, email address where the User Account is registered: _________________________, type of Subscription: _______________

[Name/Address]

………………………………………………………..

………………………………………………………..

…………………………………………………………

Bank account to which the amount paid should be returned:

………………………………………………………………………………………………………………

……………………………………………………
[Date] [Signature]

*please indicate which contract the withdrawal applies to, if this information is not indicated, it will be assumed that it applies to all contracts covered by the Terms and Conditions

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