Date of placement: July 13, 2016.
Updated: December 1, 2017
This User Agreement (the "Agreement" ) defines the legal relationship between FITNESS ONLINE LLC (OGRN 1161690142481) (the "Company" ) owning the FitnessOnline application located on the Apple AppStore and Google Play online store (the "Application" ) and the User of this Applications ("User" ,"You" ). The User agrees with the terms and conditions set forth in the Agreement, as well as with their possible additions and changes. If you do not agree with any provisions of this Agreement, you must stop using the Application.
1. Subject of the Agreement
1. Under this agreement, the Company undertakes to provide the Site with an Application in accordance with item 4 of this agreement for interaction with other Users.
2. The Company grants Users the Site as is and at the same time does not provide Users with any additional paid or free services, including the Paid services themselves as defined in item 1.3.3. present Agreement. All monetary transactions between Users are made directly, bypassing the Company. At the same time, the application can display information about transactions made by users (Paid services purchased by customers / rendered by Trainers).
3. In accordance with the terms of this Agreement, the Company provides the User with the following options:
1. register in the Application as a User of the category "Trainers" in case of the Company"s permission or register as a"Client" ;
2. freely use the provided functionality;
3. The Client shall use paid services of Trainers ("Paid services" );
4. To the trainer to provide the Clients with paid services.
4. Accepting the terms of this Agreement, the User has no right to file claims and requirements to the Company for the use of the Application and the Paid Services of Trainers. All claims for Paid Services are sent directly to the Coach who provided the service.
5. The Company does not bear any material or other liability to the User for the acts or omissions of another User in the event that the use of the Coach"s paid services was accompanied by circumstances that led or could lead to material or other damage, physical injuries and pain. The Company is not liable for direct losses, loss of profit, suffered by the Trainer as a result of the provision of services.
6. The Company is not liable for interruptions in the provision of services in the event of an application or equipment malfunction.
7. The responsibility to provide Paid services of appropriate quality lies on the Trainer.
8. Within the framework of this Agreement, the Company has the right to demand payment from the Users (to charge a commission), as defined in the text of this Agreement.
2. The users
1. The registration, that is, the creation of an account of a new User, can be carried out in the Application, both with the input necessary for registration of information, and with the help of social networks.
2. For registration, you can choose the following categories of the User:
1. Client is the person who has his personal profile in the Application and uses the Application to communicate with other Users, exchange information, maintain a log of his training with the opportunity to use the paid services provided by the Trainers.
2. Trainer is the person who has his personal profile in the Annex and uses the Application to communicate with other Users, the exchange of information with the possibility of providing following paid services to Clients:
1. drawing up a training program;
2. compilation of dietary and sports nutrition;
3. preparation of a course on pharmacology;
4. monthly and one-time remote training;
5. Other individual and author programs in the framework of the provided functionality of the application.
3. Paid services are provided only to persons who have reached the age of 18 and who, according to the legislation of the Russian Federation, have the right to use Paid services. The Company reserves the right at any time to request proof of age from you.
3. User Responsibilities
1. Accepting the terms of this Agreement, the User is obliged to guarantee the following:
1. he is 18 years of age and has legal grounds for using Paid services;
2. the information provided by the User, including information regarding his identification and ways of contact with him, must be reliable; The User undertakes not to provide false, unreliable, misleading information;
3. when registering as a Trainer, the User must provide reliable information about his education, work experience, sports achievements, available sports ranks and titles. By providing this information, the User authorizes the Company to verify its reliability, including with the involvement of third parties. The company reserves the right to refuse anyone to register as a Trainer at its own discretion without giving any reasons.
4. the information provided by the User should not violate the rights of third parties, in case of violation of the rights of third parties, the User who committed such a violation shall be individually and completely responsible for this;
5. The information provided by the User must be reliable throughout the term of this Agreement;
6. The user will not use the Application for illegal purposes;
7. The user will not advertise (directly or indirectly) in the Appendix any services, goods and services other than the Paid Services application;
8. The user bears full responsibility for the acquisition and maintenance of his mobile phone, other equipment, as well as access to the Internet, any other devices and services required to access the Application and use the Charged Services;
9. The User guarantees that all money resources used by him for receiving Paid services are legally owned and not received from illegal sources;
10. The User undertakes to respectfully treat other Users, Company representatives, not to use offensive, defamatory, libelous or unlawful statements, not to post such materials;
11. The User agrees that in case of any disputes, the Company"s decision is final and binding;
12. The User accepts and agrees to comply with the terms and conditions of this Agreement, including any changes to this Agreement and their rules.
2. The User agrees that the Company has the right to moderate the information provided by the User and not to post or delete any information of the User without explaining the reasons.
3. The User agrees that the Company has the right to send advertising information on the built-in chat in the application and via e-mail received during the registration.
4. The company is not responsible for the information provided by users. Responsibility for such information is entirely borne by the User who provided it.
5. The User is obliged to fully compensate the Company for any costs, losses, expenses, other damages that arose (directly or indirectly) as a result of the illegal, unfair use of the Application or violation of this Agreement.
6. If the User violates the Agreement, or the Company has reasonable suspicions that the User violates this Agreement, the Company has the right to block or remove the User from the Application.
7. The user is fully responsible for the confidential storage of his access data in the Application. The Company does not bear responsibility and does not reimburse the User for the damage that has occurred for the above reasons. In the case of unauthorized use of your data, you must immediately notify the Company about it.
4. Application and its use
1. Ownership and all copyrights to the Application and its contents (including but not limited to: images, graphics, photos, animation, video, audio, music, texts, user-generated training programs, etc.), with the exception of the User"s personal data, belong to the Company and are protected by laws and international copyright agreements.
2. This Agreement does not grant the User any rights with respect to any trademarks or names owned by the Company.
3. The Company provides the User the Application for the using on the following terms:
1. The user is strictly prohibited from:
1. copy all or part of the Application;
2. open the technology, decompile, modify the Application, or parts thereof;
3. publish anywhere or the information received in the Application from the Paid services.
2. User of the category The client allows the user of the category Trainer:
1. provide paid services specified in item 2.2.2. and adjust the information provided according to the chosen Paid service in the course of work;
2. to look and analyze the physical indices of the body;
3. give instructions and recommendations on the topic of bodybuilding and fitness if an appropriate question was asked.
4. The user bears full responsibility for the above actions, he is obliged to compensate the Company for the damage caused by such actions.
5. If the User becomes aware of the unauthorized use of the Application, he must immediately notify the Company thereof.
6. For any violation of the agreement and rules, the Company has the right to block or remove the User from the Application.
7. All Paid services in the Application are provided in rubles of the Russian Federation.
8. The Company may issue updates to the Application with the modification, addition or removal of any available functionality / option in the Application without the User"s consent and notification.
5. Paid services
1. A client wishing to receive a paid service from a Trainer chosen by him concludes a deal on rendering paid services, within the framework of which the Client pays for the invoiced invoice for the Paid services. The cost of Paid services consists of the amount established by the Trainer himself, as well as the commission charged by the Company under this Agreement in the amount of up to 5%
2. Payment for a Paid service, the amount of which is determined in accordance with item 5.1 of the Agreement, is carried out using the customer"s bank card or in any other way available at the time of payment of the invoice.
3. The paid Paid service can be canceled only within 3 days after payment in case of submitting a corresponding request through the technical support form in the Application with the reason for the refund. The time for consideration of the request is 3 working days.
4. If the Client or Trainer cancels the paid Paid service within 3 days after payment, the full cost of this training is returned to the client"s bank card, from which the payment was made, while the Trainer does not receive any income.
5. If the Client cancels the paid Paid service after 3 days after payment, the administration of the Application will individually review the possibility of refunds, depending on the reasons for the request for a refund and the possibility of executing a return in general. In this case, the Trainer has the right to request reasonable compensation for those days of the paid service that he provided to the Client.
6. The Income of the Trainer and the procedure for payment of remuneration
1. The trainer independently establishes the cost of his services within the limits allowed by the Application. The final cost of the paid service paid by the Client is determined in accordance with the Section 5 of this Agreement.
2. The company has the right to receive from the Trainer a reward calculated from the amount of each transfer in payment for Paid services of up to 30%.
3. Full and final information on the amount of the commission charged on the amount of transfer for each transaction in payment for Paid services is reported to the Users-Parties of the relevant transaction in the course of settlements on it.
4. Remuneration of the Company is paid by the Coach by granting the right to withhold the amount of remuneration from the cost of the Paid Service.
5. The trainer shall independently pay all necessary taxes, fees and fees payable in connection with this Agreement in accordance with the applicable law and shall bear the risks and liability in case of non-payment.
7. The Trainer"s relationship with the Company
1. The relationship between the Company and the Trainer is not an employer-employee relationship. The trainer is not an employee, agent or representative of the Company, the Trainer is an independent contractor. The Company is NOT LIABLE for the actions of the Trainer.
8. Lack of guarantees
1. The Application is used by the user solely by his own choice. The Company does not guarantee (directly or indirectly) that the operation of the Application is protected from errors, failures, that any deficiencies will be corrected. In the event of any failure of the Application, the company shall not be liable for damages caused by such failures or associated with them.
2. The Company refuses all, without exception, guarantees, direct or indirect, in connection with the Paid Service, which is provided to you "AS IS". The Company does not provide you with any guarantees or assurances regarding the quality of the Paid service, its relevance to the purpose, completeness or accuracy. The company is not responsible for the warranties and assurances of Users of the Application.
3. The Company and its representatives are not responsible for the behavior of Users of the Application, for their actions, statements, assurances, etc.
4. You hereby release the Company and its representatives from liability for any damage caused to you as a result of using the Application and / or obtaining Paid services.
5. The Company reserves the right at any time to modify, suspend, terminate, delete the provision of Paid services at its own discretion and without mandatory notification to the User. The company is not liable for damages related to the above.
9. Change of the conditions
1. The Company reserves the right to modify, supplement this Agreement, other rules and regulations regulating the use of the Paid Services and / or the Application, without any special notification from Users, at its own discretion.
2. Such changes and additions come into force from the moment of their publication on the website at https://fitnessonline.app/ and in the Application. The responsibility for acquaintance with these changes and additions lies with the User.
3. The User"s actual use of the Application after making the above changes and additions is regarded as the User"s agreement with the terms and conditions of these changes and additions.
10. Applicable right
1. This agreement is subject to the laws of the Russian Federation. In the event of any dispute or disagreement arising out of the implementation of this Agreement, the Company and the User shall use their best endeavors to resolve them through negotiations. In the case of non-settlement of disputable issues in the negotiation process, disputes and disagreements are resolved in court, in accordance with the legislation of the Russian Federation.
The User confirms that he is acquainted with all the points of this Agreement and certainly accepts them.