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TERMS OF USE

EXERCISE LIBRARY

1. INTRODUCTION

The terms & conditions of use belowa are to document terms, conditions and general possibilities of usage of the platform Exercise Library (to be called: Platform), originally based in Warsaw, Górczewska 17a (01-189 Warszawa). The platform is run by FIT FREAK Elżbieta Przygrodzka, legit company with tax identification numer NIP 6312517905 & REGON 381215751, which is a company for fitness service and management (to be called: Owner).

One shall be interested in joining the society & using the Platform (to be called: User) Exercise Library hereby confirms that the terms of use are clear & are to be accepted.

The website www.exerciselibrary.netaims to educate through training proces, passing information, be a connector between trainers, instructors, nutritionists and customers, sharing materials online. The service is being fully online, as should be the contact with the Owner, which takes place via e-mail: exerciselib@gmail.com or phone: 798 879 089, 10 a.m. - 3 p.m.

2. BASIC RULES OF USAGE

  1. The platform is shared by the Owner on the Internet website, at the domain www.exerciselibrary.net
  2. Using the Platform may only happen when following rules indicated in document below.
  3. The User has no right to interfere with texts, structure, form, graphics or mechanism of the Platform unless it has been individually set with the Owner or it happens within rules described in this document.
  4. The information given on Platform, such as: texts, graphics, logotypes, icons, pictures, photos, audio, video, data files, presentations, programs & else (to be called Content) are protected by intellectual property law, in particular the copyrights & similar, which are held by the Owner or individuals who have an agreement directly with the Owner. None of Platform’s Content shall be published, copied or distributed without former written agreement from the Owner.
  5. Joining the Platform by signing contract on Platform does not cease rights to intellectual property or else to the User.
  6. It is strictly forbidden for the User to utilize Platform or Content, or services in a way that contradicts law, social habits, or well state of third party, or the best interest of the Owner.
  7. The User has full right to utilize Platform & Content for its own profit, non-commercial, with no public usage. If public usage is to be performer, the written agreement with the Owner is to be performed.
  8. Before performing workout or training from the Platform, one shall contact doctor or specialist. By uptaking any workout or training from the Platform, the User acts on its own responsibility & confirms to be fully healthy and able to do so. The Owner verifies Content meritorically but does not take responsibility for the ways of using this Content or potential health issues which are the result of improper use of Content.

3. USERS OF THE EXERCISE LIBRARY PLATFORM

The User of the Platform can become each adult person. User accounts on the Platform are divided into two categories, which differ by price & available functions.

A. CUSTOMER ACCOUNT

The Customer Account is destined for individual Users, who plan on creating their own training routines, using ready training programs or, potentially, finding a trainer and cooperation. The Owner takes no responsibility for improper choice of the exercises in workout routines that have been created by a customer himself, nor for injuries or damage, if such appear, though the Owner encourages the Users to start training only once they feel fully healthy, and contact the Trainers or the Owner if any doubts appear.

B. TRAINER ACCOUNT

The Trainer account is destined for individual Usera who are qualified Personal Trainers, Group Fitness Instructors, Nutritionists, Physiotherapists, or other qualifications empowering to lead a customer by creating workout routines, diets, therapies, etc. The Owner takes no responsibility for those who use Trainer’s account but registration of such an account equals confirmation of the above qualifications. The Trainer’s Account has special option to create workout routines & sharing it directly to customers, but the Owner takes no responsibility for quality of such routines.

4. TYPES & RANGE OF SERVICES. CONCLUSION OF THE CONTRACT ONLINE.

The Owner, via Platform, offers services online (to be called: Service) available for the Users 24/7, such as:

  • having an account, available in „my account” panel, which ensures a registered User an option of managing its own account;
  • delivering digital Content by offering to the User the access to whole Platform Content, with a possibility of unlimited, multiple use at any time;
  • other Services as described on the Platform or specified in additional terms, if necessary.
  1. The above Service is being offered only for registered Users.
  2. The above Service functions 24/7, considering necessary maintenance breaks in order to update Platform. Any changes to accessibility shall be specified within additional document.
  3. The contract online might be concluded by person who is an adult & legitimates with full legal capacity (Users).
  4. The Owner may refuse to conclude a contract if a person:
    • does not fulfill conditions stated above,
    • already had an agreement which has been resolved for a reason e.g. due to payment issues, at least until the issues are explained.
  5. The contract online is concluded automatically by registering & creating User account (Customer, Trainer) & activating the access to appropriate service by providing first payment.
  6. The payment may only be provided via Przelewy.24, the payment provider to Exercise Library.
  7. Website registration can be proccessed by filling in the online form, which is a website where the User can give to the Platform all necessary data. Consider that:
    • All obligatory boxes are to be filled & all accepts required;
    • the information given in the form should be real and if it is not, the responsibility for giving false information in public is on the User.
  8. Not enough information from the User in registration form might result in denied access to the Platform.
  9. Is there any change to personal data over whole period of using the Platform, the User should immediately update it in ‘My data’ panel after logging in.
  10. The Owner may introduce promotions, paid or unpaid. If the additional documentation for promotion includes information different than this document, the User shall follow additional rules created especially for the promotion mentioned.
  11. After successful registration, the User gets an e-mail adress given in an e-mail which confirms registration.
  12. The User shall not share the data necessary for logging with third party. If there is any situation when password or login were distributed, the User should change these information effecting immediately. Password might be changed using proper option in ‘Account Data’ panel.
  13. In case there appears any break of law or social habits, moral harm for the third party or good interest of the Owner, the Owner will call officially the User to immediately stop this proccess. If this official call has no effect, the Owner has the right to cancel the User account & deleting his data from Platform with no right to come back. If this happens, the Owner informs the User within 3 days that the account has already been removed.

    In this situation, the last payment should be the one that was automatically charged. If the account is closed by the decision af the Owner, this payment is not refunded neither fully nor partially.


5. THREADS OF SERVICE ONLINE.

  1. The owner confirms that the public character of Internet Web & online services might be connected to risks such as gaining and modifying User’s data by persons with no such rights. That is why the Users should have appropriate security measures in order to minimize this possibility. In particular, every User should have antivirus program & privacy settings that allow for safe using this and any other Platform. There is no need for any extra security measures but it is high priority to ensure User’s computer has all the standard means.
  2. The Owner operates with technical & organizational means thar are appropriate to the level of danger, including measures to prevent hackers from gaining and modifying data, in order to ensure that utilization of the Platform is safe. The Owner reassures safe data transfer by safe SSL protocole.
  3. As basic potential dangers one shall consider:
    • malware;
    • applications or scripts with bad, mean or even criminal activity towards the Platform, such as; viruses, bugs, trojans, keyloggers, dialers;
    • spyware;
    • programs that automatically send gathered information outside Platform environment without agreement or permission of the User;
    • spam;
    • chain e-mails;
    • phishing;
    • exploit rootkit or similar.
  4. To avoid these dangers the User should have all the possible safety measures including antivirus on its computer. These programs should be regularly updated.
  5. Protection from any dangers connected to using public Internet may also provide:
    • firewall,
    • updating programs,
    • ignoring attachments in e-mails that come from uncertain source,
    • reading the windows before accepting communicate,
    • turninf off macros in MS Office files which come from the Web,
    • regular scanning antiviruse i antimalware,
    • using safe data transfer,
    • installing prevention program,
    • using original system & programs.

6. PAYMENT

  1. The concluded payment gives to the User an access to Platform Content in total, or to certain services if such division is ever introduced. For particular services in order to start using it there might be required to accept additional terms of use.

    After first billing period the contract automatically becomes the contract for indefinite period, with automatic payment concluded each 30 days.

  2. The payment for each billing period is upfront, according to the actual price schedule which is always available on the Platform as it is below. All of the prices below invlude VAT Tax. Any changes in pricing will always be implemented after proper announcements – the information available for all of the Users after logging in. The User has the right to resign if there appears price change. This resignation shall be proccessed according to the procedurę described in this document.
    PRICE SCHEDULECUSTOMERTRAINER
    Minimum periodEach next 30 days automaticallyMinimum periodEach next 30 days automatically
    1 MONTH30,00 €30,00 €40,00 €40,00 €
    3 MONTHS45,00 €15,00 €55,00 €20,00 €
    12 MONTHS149,00 €15,00 €199,00 €20,00 €
  3. The contract is billed according to the option chosen when creating the account, as an automatic payment. The prolongation follows below rules:
    • For a 1-month contract (both Customer and Trainer), after 30 days another billing comes automatically and it is as follows; 30€ for the Customer & 40€ for the Trainer. From this date on, the billing is automatic, each 30 days, until the User resigns from subscribing Exercise Library.
    • For a 3-month contract (both Customer and Trainer), after minimum period (90 days), the contract automatically becomes indefinite and next, automatic billings, comes automatically as follows; 15€ for the Customer & 20€ for the Trainer. From this date on, the billing is automatic, each 30 days, until the User resigns from subscribing Exercise Library.
    • For a 12-month contract (both Customer and Trainer), after minimum period (360 days), the contract automatically becomes indefinite and next, automatic billings, comes automatically as follows; 15€ for the Customer & 20€ for the Trainer. From this date on, the billing is automatic, each 30 days, until the User resigns from subscribing Exercise Library.
  4. Precise information on how to resign from subscription are described in chapter ‘resignation’ of below document.
  5. The User is informed about current pricing when signing the contract. The User i salso informed about the obligation to pay. The Owner has the right to introduce changes in payments according the rules indicated in this document.
  6. The Owner might offer his service for free on the conditions indicated specifically in particular offer & according to this document.
  7. If the User has the right to use promotional period (usually 14 days unless the offer or Owner states differently), and this period is the first period of using the Platform, first payment will be concluded once the promotion is over & regular subscription starts or the payment will be decreased by appropriate amount, according to specific promotion.
  8. If there is no payment in time, the Owner has full right to block access to paid part of the Platform. Such blockade happens once full billing period is over & the payment is still not made. The User will also receive an official e-mail call for payment. The account may be unlocked after all the debts are paid (1 billing period) & the current payment is paid (1 billing period). If a User does not respond to e- mail call & is still not regulating its payment, the account will be removed from the Platform with no possibility of restoring. Such a User may still join the Platform by starting new account & new subscription.
  9. If there is no payment in time but the User did not resign following described rules, next regular payments will be still automatically send until resignation.

7. RESIGNATION

  1. By concluding online contract, the User clearly agrees to get service online, which is being provided with digital Content straight after the contract is signed & payment made according to the contract regulations. The User also accepts the automatic payment system.
  2. The User hereby accepts that getting the acess to Platform he also has the right to resign 14 days after the actual usage starts. In case the User does resigns in that period, he can e-mail the Owner & claim refund of the payment, as well as automatic end of subscription. If this will not happen, the User loses its right to refund & the subscription starts, prolonging automatically as with the rules defined in this regulation.
  3. The User is conscious that the payment card information are being shared only for the usage of card payment operator, which is Przelewy.24, the brand fulfilling international standards of safety. Card details are shared via coded protocole, therefore the Platform is not having access to those data, login or other important & confidential information considering payment.
  4. If the User has started the contract, he can resign according the rules precised in this document, which means after current billing period. The contract can be ended each month 7 days before the current billing period ends. Otherwise, next payment will be counted and the account will be charged.
  5. Registration on the Platform requires clear confirmation (by marking the box) that:
    • The User accepts that he is getting full access to the Platform & he can start using the service straight after concluding the contract & realisation of first payment;
    • The User confirms, that he is fully aware of the regulations once he gets the access to the Platform, he is sharing his personal data of his free will & accepts the regulations. In case of withdrawing this consent, the User realises it might effect in immediate removal of an account;
    • The User confirms that he accepts automatic payment & will adjust his bank account limits appropriately so that the payment can be issued by card operator, Przelewy.24.

8. CONTRACT ENDING, RIGHT TO RESIGNATION.

  1. The contract claims minimum time during signage.After this period; 1 month, 3 months, 12 months; the contract will automatically transform into indefinite period of time. In this case, the payment will be changed into automatic, each 30 days until the end of subscription which is possible when one delivers written resignation via e-mail: exerciselib@gmail.com

    In order to end a contract:

    • the least 7 days before declared minimum period ends (periods being: 1 month, 3 months, 12 months); or else, the contract automatically becomes indefinite;
    • if the contract will become indefinite, in each next billing period (30 days), the least 7 days before it ends, effecting at the end of current billing period;

    If the resignation is issued less than 7 days before the billing period ends and the resignation is not issued, the next 30 days is to be considered final period of the subscription.

  2. In order to make the resignation effective, it should be e-mailed to exerciselib@gmail.com.
  3. The Owner is fully entitled to immediate closure of a contract or stopping the service in case of:
    • an extraordinary case, which will cause a break in service that does not depend on Owner’s will;
    • the User has shared fake personal data or used false documents during signing a contract;
    • the User will cease its right and login to the Platform to the third party with no acceptance from the Owner;
    • the User will break the regulations included in this document,
    • the User has not been regulating its payment more than one billing period.

In case of termination of the contract by the Owner the payments are not being refunded neither fully nor partially, and the last payment is concerned the current billing period which has to be fully paid.


9. CONTACT & RECLAMATION

  1. The User can contact the Owner considering the issues of Platform’s digital service, including reclamations:
    • via e-mail: exerciselib@gmail.com
    • via phone: +48 798 879 089, accessible from Monday to Friday 10:00 a.m. – 3:00 p.m.
  2. All the reclamations should include the precise description of particular situation, personal data and everything that will enable the Owner to contact back.
  3. The Owner will respond to any message within 30 days from receiving it.

10. SHARING & TERMS OF USE CHANGES

  1. This document addresses all the services on the Platform, unless there will appear any other, specific document with appendix to those regulations.
  2. This document is available at all times on the platform www.exerciselibrary.net in *pdf form that makes it available to each and every User (to be downloaded, or printed out).
  3. The Owner has all the rights to change the regulations, especially when considered:
    • changing the offered services or payments;
    • changes in the way service is being delivered, including the payment methods;
    • brand change;
    • when there will appear a necessity to introduce a change caused by the law regulations;
    • when the necessity of acquainting changes will be caused by the administration decision or the court decision;
    • technical changes connected to functioning, including widening the Platform offer;
    • when the change is caused by improving the quality of service or increasing User’s safety.
  4. The Owner ha salso the right to change the Platform’s Content.
  5. Each User will be informed about changes in this document by putting these information on the Platform & making tchem visible after logging in.
  6. For the purpose of the below Regulations it is to be accepted that any changes considering the Platform itself or the Service is considered to be important when the change in service is changed in more than 40% of a whole Platform.
  7. In case the User is not accepting the changes in regulations, he might resign effective the day when new regulations are implemented. In case the User will not resign it is to be claimed that he has accepted the new regulations.

11. PERSONAL DATA & PRIVACY POLICY

  1. The administrator of personal data is the Pletform’s Owner, tj. Exercise Library prowadzone przez FIT FREAK Elżbieta Przygrodzka, ul. Piotra Michałowskiego 26, 44-102 Gliwice, Poland.
  2. Personal data of the Users, such as the identification data, contact data, the data considering utilization of our service, will only be kept due to:
    • realization of the contract considering the utilization of the Platform;
    • pursuing claims or defending from claims of Exercise Library interest as e.g. protection of its laws;
    • fulfilling the obligations connected to tax payment & accountability;
    • direct marketing, including profiling;
    • running analysis & statistics needed for marketing & researching the satisfaction from the service of Platform.
  3. As for profiling the information can be connected to those gathered about the User when he is utilizing any of Platform’s products as a registered member.
  4. Depending on purpose & basis of data holding, the Owner will store personal data of the User as indicated below:
    • to realize the contract considering the offer of Exercise Library until the contract is finished;
    • to pursue claims or defend from claims until the claims are overdates or solved;
    • to meet tax & accountability regulations during the actual law regulations are in order;
    • for marketing & analysis, until it is objected.
  5. The User’s personal data can be shared only with following: the workers & co-workers of the Platform, if needed; the suppliers of additional service, such as payment provider; the service suppliers, only if needed; the informatician developer, only if needed; the customer service,, only if needed; the accountants, only if needed. User’s data might also be shared to the public administration organs if necessary and acclaimed.
  6. The User has its rights considering personal data, such as:
    • the right to access the data, a tany time, and the right to change or withdraw the consent given to Platform;
    • the right to demand its personal data and update it, or correct when or if it is not actual;
    • the right to withdraw consent to store the data, especially when:

      (1) if data is not indispensible for the goal of storage;

      (2) if the consent has been withdrawn, therefore there is no basis to store;

      (3) if there was an effective objection to storage;

      (4) if personal data were stored against law;

      (5) the data is to be removed immediately was it stated by civil law.

      In all of the above the data will be removed by Exercise Library unless in the particular situation the Owner is in need of data due to any conflict which would be solved by court;

    • the right to demand restricted data storage is to be executed when:

      (1) the User questions the reliability of data and is willing to check;

      (2) the storage is against law & the User prefers the data to be restricted in storage rather than removed;

      (3) Exercise Library is not in need of these data but it is still necessary to pursue further claims or

      (4) the User objected against data storage until the objection is successfull.

      In these cases Exercise Library will restrict data storage unless it will be indispensible in order to pursue further claims, or to protect the general law;

    • the right to object against data storage: the User has all rights to object against data storage when it is legit in his country, and the objection is caused by particular situation. In case data is stored to direct marketing purposes, including profiling, the User might object a tany time with no further explanation. In this case, personal data will not be longer stored by Exercise Library for direct marketing purposes;
    • the right to claim its personal data; the User might, basing on a contract or an appendix, claim to get a copy of his data in structured, common format to be read e.g. on a computer;
    • the right to reclamation, if the User claims that the Owner is storing data improperly.
  7. In order to claim its rights, the User might contact the Owner as listed below.
  8. Personal data is given by the User basing on free will but indispensible to utilize the Platform. Lack of consent to store data effects in lack of possibility to offer a service.
  9. The Owner might be contacted as follows:
    • via post: Exercise Library Elżbieta Przygrodzka, Górczewska 17a/20, 01-189 Warszawa
    • via e-mail: exerciselib@gmail.com
    • via phone: +48 798 879 089 available Monday to Friday 10:00 a.m. – 3:00 p.m.

12. SUMMARY

  1. In all cases which has not been mentioned in below document the general law regulations are to be respected mutually for the User & the Owner.
  2. Once any statement of below document would be declared as illegal, it has no further influence on the other parts of the document.
  3. In case of any conflict caused by this document, both User and Owner are in the first place trying to negotiate to solve this conflict. Would it be of no effect, the only proper institution to solve the problem as declared:

    Sąd Rejonowy Warszawa Wola; ul. Kocjana 3, 01-473 Warszawa

  4. Before the court is engaged, the User might want to use the interferrance of any organ in chargé of consumers’ counsel. The actual list of such is available on website of the Consumer Protection Office: https://ec.europa.eu/consumers/odr.
  5. This document is never to turn off neither restrict consumers’ rights which are based on general law. Should there be any disagreement in between this document and general law, the general law is always to come first.
  6. Terms of use listed in above document are to come into force by 1st of August, 2021.