LICENSE AGREEMENT (PUBLIC OFFER)

BETWEEN THE AUTHOR AND THE BUYER OF TRAINING PLANS

Moscow

Limited Liability Company "Staminity", represented by its General Director Evgeny Yurievich Zakharinsky, acting on the basis of the Charter, offers Authors of training plans and Buyers of training plans to enter into this Agreement on the transfer to the Buyer of non-exclusive rights to use, within the Staminity Program, a training plan created by the Author.

1. TERMS AND DEFINITIONS

1.1. The following terms and definitions are used in this Agreement:

Main Offer – the license agreement (public offer) for the use of the Staminity Program, the text of which is available on the Internet at: https://legal.staminity.com/en/license.html

Agreement between the Author and the Buyer, Agreement – this agreement, posted on the Internet at: https://legal.staminity.com/en/offer-author-buyer.html

Company – LLC "Staminity", INN 9715304797, KPP 771501001, OGRN 1177746698546, the holder of the exclusive rights to the Program.

Company Website (Website) — the website located on the Internet at https://staminity.com

Program – the "Staminity" web application, accessed through the Company Website, as well as the "Staminity" mobile applications for the IOS and Android platforms. The Program is designed to support the training process in cyclic sports and to enable remote interaction between users during this process. A description of the Program's capabilities is available on the Company Website at https://staminity.com.

Program User (user) – any adult and legally capable natural person, individual entrepreneur or legal entity that has accepted the Main Offer by registering in the Program.

Author of a training plan (Plan Author, Author) – a Program user who has created a Training Plan in the Program and published it in the Program's Training Plans Store using the Program's functionality for publishing and selling training plans. The Plan Author may act either as a natural person who has entered into a supplementary Agreement with the Company by accepting the offer located on the Internet at: https://legal.staminity.com/en/offer-author-individual.html or as a legal entity or individual entrepreneur who has entered into a supplementary Agreement with the Company by accepting the offer located on the Internet at: https://legal.staminity.com/en/offer-author-company.html

Buyer of a training plan, Buyer – a Program user who acquires the non-exclusive right to use, within the Program, a Training Plan created by an Author of training plans.

Simple non-exclusive license for a training plan (Simple non-exclusive license) – the granting to the Buyer of a training plan of the right to use, in their own training process within the Program, a Training Plan created and published by the Author.

Training Plan – a set of training tasks and recommendations of the Plan Author, created in the Program in electronic form to achieve a specific goal. By acquiring in the Program the right to use a Training Plan from the Plan Author, the Buyer obtains the ability to use this Training Plan in their own training process.

Purchase of a training plan (Acquisition of a training plan) – the acquisition by the Buyer of non-exclusive rights to use, within the Program, a training plan created and published by the Plan Author in the Training Plans Store.

Functionality for publishing and selling training plans – additional functionality of the Program, available to the Plan Author after entering into the Agreement with plan authors – natural persons or the Agreement with plan authors – legal entities and individual entrepreneurs, which allows creating Training Plans and publishing them in the Program's training plans store, as well as receiving a license fee from the use of Training Plans by Buyers.

Functionality for acquiring and applying training plans – additional functionality of the Program, available to the Buyer after entering into the Agreement with buyers, which allows acquiring the selected training plan from the Author and using it in the training process.

Training Plans Store – a section on the Website in which training plans created and published by Plan Authors are placed.

NKO – Non-Banking Credit Organization "MONETA.RU" (limited liability company), license for banking operations with funds in rubles and foreign currency No. 3508-K issued by the Bank of Russia on 02.07.2012.

2. PROCEDURE FOR CONCLUDING THE AGREEMENT AND AMENDING ITS TERMS

Conclusion of the agreement

2.1 The text of this Agreement, permanently posted on the Internet at https://legal.staminity.com/en/offer-author-buyer.html, contains all the essential terms of the Agreement and constitutes the Company's offer to enter into this Agreement to Buyers of training plans and Authors of training plans in the Program.

2.2 Unconditional acceptance by the Buyer of this Agreement, i.e. full and unconditional acceptance of the terms of the Agreement and all Appendices thereto, is the acquisition of a training plan from the Plan Author in the Program's Training Plans Store.

2.3 Unconditional acceptance by the Author of a training plan of this Agreement, i.e. full and unconditional acceptance of the terms of the Agreement and all Appendices thereto, is the Registration of the Author of training plans as a Seller of training plans in the Program. This process is described in the Agreement with Plan Authors – natural persons, posted on the Internet at: https://legal.staminity.com/en/offer-author-individual.html, as well as in the Agreement with Plan Authors – legal entities, posted on the Internet at: https://legal.staminity.com/en/offer-author-company.html

Amendment of the agreement

2.4. The Company has the right at any time to amend this Agreement and all appendices thereto (in whole or in part) unilaterally, without prior agreement with Buyers of training plans and Authors of training plans. All amendments take effect after the current version of the Agreement is posted on the Internet at: https://legal.staminity.com/en/offer-author-buyer.html
2.4.1. Buyers and Authors undertake to independently monitor changes to this Agreement and its appendices by periodically reviewing the current version at least once a month. Buyers and Authors are solely responsible for any consequences arising from a failure to review this Agreement and its appendices.
2.4.2. If a Buyer and (or) an Author does not agree with any provision of the Agreement and (or) its appendices, they must immediately cease using the Program.

3. SUBJECT OF THE AGREEMENT

3.1. The Author of a training plan grants the Buyer of a training plan a Simple non-exclusive license to use the Training Plan in the Program for its intended purpose, as provided for by the explicit user functions of the Program, and the Buyer of a training plan undertakes to pay the Author of the training plan a license fee for the granted right in the amount, manner and within the time limits determined by the Agreement.

3.2. The license specified in clause 3.1 of the Agreement is granted to the Buyer for the entire term of the Agreement and within the territory in which the Program remains available to the Buyer.

4. TERMS OF ACQUISITION AND USE OF A TRAINING PLAN

General terms:

4.1. Within the framework of the Simple non-exclusive license, the Buyer has the right to use the Author's Training Plan in the Program in the following ways:

4.1.1 Place an order to acquire a training plan from the Plan Author with payment of the license fee set by the Plan Author.

4.1.2 Pay the cost of acquiring the selected plan by bank card.

4.1.3 Use the acquired training plan in their own training process: apply the training plan on selected dates, perform training tasks and track completion of the plan.

4.1.4 perform other actions provided for by the Functionality for acquiring and applying a training plan

Publication of training plans:

4.2. In training plans published by the Author in the training plans store, it is prohibited to use (place) materials containing:

4.2.1 obscene or abusive words or phrases, pornographic images and texts, scenes of a sexual nature, including those involving minors;
4.2.2 threats, calls for violence and the commission of unlawful acts, or violation of the law;
4.2.3 elements of violence, cruelty, racial, interethnic or interreligious hatred, as well as links to such materials;
4.2.4 Nazi paraphernalia or symbols;
4.2.5 propaganda of criminal activity, guides to committing unlawful acts;
4.2.6 material containing threats that discredits, insults, defames the honor and dignity or business reputation, or violates the privacy of other Users or third parties;
4.2.7 materials that violate the current legislation of the Russian Federation.

4.3. The Author of training plans warrants that they hold the rights to any materials and information used in the preparation of the training plan.

4.4. The Author of training plans undertakes to use current and reliable information in the description of the training plan, when specifying any characteristics of the training plan that influence Buyers' decisions to acquire the training plan.

Acquisition of training plans:

4.5. By acquiring a training plan in the Training Plans Store, the Buyer acquires the non-exclusive right to use this training plan in their own personal training process.

4.6. Payment of the cost of acquiring training plans is made by bank cards.

4.7. Settlements between the Buyer and the Author are carried out with the help of the NKO (NKO "MONETA" (LLC)). The Company provides information and technical interaction between Buyers, Authors and the NKO. The relationship between the Company and the NKO is governed by a separate agreement.

4.8. By clicking the "Pay" button in the training plan purchase form, the Buyer agrees to the terms of the Agreement on the terms and procedure for the provision by NKO "MONETA" (LLC) of services for servicing bank cards of natural persons issued by third-party credit organizations and other means of payment using the Internet resource of NKO "MONETA" (LLC): https://www.moneta.ru/info/d/ru/public/users/nko/cardsserviceoffer.pdf

4.9. Use of the training plan in the Program is possible after the Company receives information from the NKO about a successfully completed payment. The fact of a successful payment is confirmed by the "Acquired" status of the training plan. Until the success of the payment is confirmed, the training plan in the Program has the status "Ordered", and it is not possible to use the training plan in the Program while in this status.

Use (application) of training plans:

4.10. The Buyer of a training plan may apply the acquired training plan exclusively for personal use in the training process within the Program.

4.11. The Buyer is prohibited from:

4.11.1 Using the acquired training plan to organize the training process of other Program Users;

4.11.2 Using the acquired training plan to create derivative products, in particular other training plans in the Program.

Refusal to use a training plan and refund of funds for a training plan

4.12. Within three days from the moment of acquiring the Training Plan, the Buyer may submit to the Company a request for a refund of the funds paid for the training plan. Procedure for filing a refund request:

4.12.1 Within 3 days from the moment of purchasing the plan, the Buyer files a request on the support portal support.staminity.com, or by email support@staminity.com, indicating in the subject of the request "Refund of funds for a training plan"

4.12.2 The description of the request must specify:

  • The identifier and name of the training plan;
  • The Plan Author;
  • The date of acquisition;
  • The grounds for the refund of funds.

4.12.3 The grounds for a refund of the funds paid by the Buyer for the right to use a Training Plan may be one of the following conditions:

  • Non-conformity of the training tasks in the Plan with the description and characteristics of the Plan;
  • Violation by the Plan Author of this Agreement.

4.12.4 The decision on the refund of funds is made by the Company on the basis of reviewing the Buyer's request, with the involvement of the Plan Author.

4.12.5 In the event of a positive decision to refund the funds to the Buyer, the refund is made to the card from which the initial payment was made. The previously acquired training plan becomes unavailable to the Buyer, and the Buyer loses the right to use the training plan in their training process.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Buyer of training plans is obliged to:

5.1.1 use the Training Plan in the Program in accordance with Section 4 of this Agreement;
5.1.2 pay the Plan Author a license fee for the use of the training plan in the amount determined by the Plan Author.

5.2. The Buyer of training plans has the right to:

5.2.1 use (apply) the training plan in the Program in their personal training process in accordance with Section 4 of this Agreement;

5.2.2 a refund of the funds paid by them for the right to use the training plan and to refuse to use the training plan, in the event that they discover within 3 days from the moment of purchasing the plan non-conformity of the training tasks in the Plan with the description and characteristics of the Plan, or other violations of this Agreement.

5.3. The Author of a training plan is obliged to:

5.3.1 ensure that the training plans they publish in the Program's Training Plans Store comply with Section 4 of this Agreement;

5.3.2 provide additional services to the Buyer that the Author has included in the cost of the plan, if this is provided for by the Author in the description and characteristics of the Training Plan;

5.3.3 independently calculate and pay the taxes and fees established by the Legislation of the Russian Federation;

5.4. The Author of a training plan has the right to:

5.4.1 receive a license fee for the right to use the training plan by Buyers.

5.5 The Company has the right to:

5.5.1 unilaterally, at its choice, in the event of a violation by the Buyer or Author of a training plan of the provisions of this Agreement, the Rules for Using the Website, the Main Offer, the Agreement with Plan Authors – natural persons, the Agreement with Plan Authors – legal entities and individual entrepreneurs, the Agreement with Buyers of training plans, or the norms of the current legislation of the Russian Federation:

  • terminate the Agreement and (or) block the access of the Author of training plans and (or) the Buyer of training plans to the Program;
  • remove the Author's training plan from publication and prohibit its subsequent publication in the training plans store;
  • in cases of violation by the Author of training plans of the Legislation and (or) the terms of the Agreement (its appendices) and (or) in the event of receiving complaints from Buyers or Users of the Website and/or the Program.

5.5.2 The Company is not liable for losses (damage) incurred by the Author of training plans and (or) the Buyer of training plans in connection with the termination of the Agreement and (or) the block.

5.5.3 The Company is not obliged to inform the Author of training plans and (or) the Buyer of training plans of the reasons for the termination of the Agreement and (or) the block, and (or) the removal of training plans from publication in the store.

6. LICENSE FEE. SETTLEMENTS

6.1. The license fee for the right to use each training plan is determined by the Plan Author and is displayed on the Training Plan page in the Training Plans Store.

6.2. The amount of the license fee specified by the Author on the Training Plan page includes the Company's commissions charged by the Company to the Plan Author. No commissions are charged to the Plan Buyer.

6.3. The Parties have established that no Act of Granting the Simple Non-Exclusive License is drawn up.

6.4. The non-exclusive right to use the Training Plan (Simple non-exclusive license) is deemed to have been granted by the Plan Author to the Plan Buyer in full and in due form upon the expiration of three days after the acquisition of the selected training plan.

6.5. In the event that the Company makes a positive decision to refund the funds to the Buyer, the non-exclusive right to use the training plan (Simple non-exclusive license) is deemed revoked, and the Buyer loses the right to use the training plan in their training process from the moment the Company issues the instruction to refund the funds.

7. LIABILITY

7.1 The Author of a training plan bears full responsibility:

7.1.1. for the quality of the training plan as a whole, of individual tasks of the training plan, for the conformity of the description of the training plan with its content, its reliability and applicability.

7.1.2. for the failure to fulfill the obligations provided for by this Agreement and the current legislation of the Russian Federation, including liability for the content of the information they post and for the violation of the rights of third parties in respect of the Training Plans they publish and (or) the information posted on the Website and (or) in the Program;

7.1.3. for the content and form of the information posted on the Website, the legitimacy of its use, including trade names of organizations, trademarks (name, logo, other constituent objects and elements), any objects of intellectual property and means of individualization, as well as for the absence of information that, in accordance with the current legislation, is mandatory for publication (certificates, licenses, information about the manufacturer, OGRN/OGRNIP, location address in cases established by law, about the consumer properties of the goods, price, method of delivery, guarantees and limitations of the manufacturer, about the rules of safe use, about the rules, terms, and place of exchange and return of goods of proper and improper quality);

7.1.4 for the calculation and payment of all taxes and fees established by the Legislation of the Russian Federation.

7.2. The Buyer hereby agrees that their sports training, performed in accordance with the recommendations described by the Plan Author in the training plan, carries a significant risk of property damage, injury or death.

7.3. The Buyer voluntarily assumes all known and unknown risks associated with this training, even if they are caused in part or in whole by the action, inaction or negligence of the Plan Author and (or) the Company.

7.4. The Buyer hereby releases the Company, its employees, representatives and partners, including the Authors of training plans (hereinafter the "released parties"), from any liability associated with their sports training and the application of recommendations from the training plans published by the Authors on the website.

7.4.1. The Buyer will not pursue the released parties at law in connection with any complaints, actions, injuries, damage or losses associated with this training.

7.4.2. The Buyer agrees that under no circumstances shall the released parties be liable to them or to third parties for any direct, indirect, punitive, incidental, special or consequential damages caused by, or in any way arising from:

a) the Buyer's use of the Website and the Program,

b) the use of training plans and recommendations for performing training created by Plan Authors and other users of the Website and the Program,

c) the Buyer's business relationships with third parties who formulate recommendations through the Website or the Program,

d) delay or inability of the Buyer to use the Website or the Program,

e) any information, software, products, services or materials obtained through the Website or the Program, on the basis of a contract, violation of legal rights, unconditional obligation, etc.,

7.5. The Buyer of a training plan and the Author of a training plan agree that the Company is not liable:

  • for information about the Training Plans presented in the Training Plans Store, for the verification, preparation, or control of training plans on the Website or in the Program, as well as for the verification, preparation, control or conduct of any races, competitions, group rides or other events related to the Website or the Program;
  • for the fulfillment by Plan Authors of their obligations to Buyers regarding the provision of additional services included by the Authors in the cost of the Training Plan;
  • for causing any direct or indirect damage/losses to Buyers and (or) Authors of training plans, as well as to third parties, due to the use or inability to use the Website/Program or the information on the Website, for any acts/omissions of the Buyer/Author or third parties using or viewing the Website and (or) the Program, for any errors, accidental deletion or modification of information on the Website and (or) in the Program, regardless of whether the Company could have foreseen these circumstances or not;

8. TERM OF THE AGREEMENT, TERMINATION PROCEDURE

8.1. This Agreement enters into force from the date of acceptance and remains in effect until terminated by the Parties.

8.2. This Agreement is an offer, and by virtue of the current civil legislation of the Russian Federation the Company has the right to revoke the offer in accordance with Art. 436 of the Civil Code of the Russian Federation. In the event of the Company revoking this Agreement during its term, this Agreement is deemed terminated from the moment of revocation. Revocation is carried out by posting the relevant information on the website https://staminity.com

8.3. This Agreement may be terminated early:

8.3.1 by mutual agreement of the Buyer and the Plan Author.
8.3.2 at the initiative of the Company unilaterally.

9. MISCELLANEOUS PROVISIONS

9.1. The Simple non-exclusive license under the Agreement applies to the version of the training plan published in the Store at the moment of its acquisition by the Buyer.

9.2. All matters not regulated by this Agreement are subject to resolution in accordance with the Legislation.

10. LICENSOR'S ARBITRATION

10.1. The Plan Buyer, or the Author of a training plan, or Internet users who have complaints about the actions of a specific Plan Author / Buyer of a training plan, have the right to contact the Company with a complaint / claim.

10.2. The complaint / claim must be sent to the Company as a request on the support portal at: support.staminity.com or by email support@staminity.com with the subject "Complaint about the actions of a user: Last Name, First Name" with the attachment of documents confirming the complaint (claim).

10.3. Based on the results of reviewing the complaint/claim, the Company has the right to establish the fact of a violation of this Agreement and (or) the Legislation and to block access to the Website and the Program for the Website/Program User against whom the complaint was received.

10.4. The Company's decision on the complaint/claim is final.

11. DETAILS OF THE PARTIES

Company
Limited Liability Company "Staminity"
Moscow
INN/KPP 9715304797/771501001
OGRN 1177746698546
website: https://staminity.com
e-mail (general questions): mail@staminity.com e-mail (Program-related questions): support@staminity.com

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