AGREEMENT WITH TRAINING PLAN ACQUIRER
TRAINING PLANS PURCHASE POLICY
the city of Moscow
Limited Liability Company «Staminity», represented by the General Director Evgeny Yuryevich Zakharinsky, acting on the basis of the Charter, offers any adult and capable private individual to conclude this Agreement on purchase policy of the training plans published by the training plan Author in the Training Plans Store in the Program.
1. TERMS AND DEFINITIONS
1.1. The following terms and definitions are used in this agreement:
Basic Offer – license agreement (public offer) for the use of the Staminity Program, its text is available on the Internet at the following address: https://legal.staminity.com/en/license.html
Agreement – this agreement, located on the Internet at the following address: https://legal.staminity.com/en/offer-plan-buyer.html
Licensor– LLC "Staminity", INN 9715304797, KPP 771501001, OGRN 1177746698546, owner of exclusive rights to the Program.
Licensor’s Website (Website) - a website located on the Internet at the following address https://staminity.com
Program – web application "Staminity" which can be accessed through the Licensor's Website and through mobile applications “Staminity” for the iOS and Android platforms. The Program is designed for supporting the training process in cyclic sports and providing remote users’ interaction during this process. The Licensee can familiarize himself with the description of the program’s features at the Licensor's Website located at: https://staminity.com.
User of the Program (User) - any adult and capable private individual, individual entrepreneur or legal entity who has accepted the Basic Offer by signing up for the Program.
Training Plan Author (Plan Author, Author) – user of the Program who has created a Training plan in the Program and published it in the Training Plans Store in the Program with the use of the Program Functionality of training plans publishing and selling. The Plan Author may act as a private individual, who has concluded an additional Agreement with the Company by accepting the offer located on the Internet at: https://legal.staminity.com/en/offer-author-individual.html or a legal entity or an individual entrepreneur, who has concluded an additional Agreement with the Company by accepting the offer located on the Internet at: https://legal.staminity.com/en/offer-author-company.html
Acquirer – user of the Program who acquires a non-exclusive right to use a Training Plan, created by the Training Plan Author, in the Program.
Non-exclusive license – grants the Licensee the right to use the Program, provided that the Licensor reserves the right to issue licenses to others.
Training Plan – is a set of planned activities and recommendations of the Plan Author which has been created in an electronic form in the Program and which should be completed in order to achieve planned goals. The Acquirer, by purchasing in the Program the right to use the Training Plan from the Plan Author, shall be able to use this Training Plan in his training process.
Training Plan Purchase – purchase by the Acquirer of non-exclusive rights to use a Training Plan, created and published by the Plan Author, in the Program.
Functionality of training plans purchasing and using – additional functionality of the Program available to the Acquirer after the conclusion of this Agreement, which allows him to purchase the selected training plan from the Author and use it in the training process.
Training Plans Store – section of the Website, where training plans, created and published by Plan Authors are located.
NCO – Non-banking credit organization «MONETA.RU» (Limited Liability Company), license to conduct banking operations with funds in Roubles and foreign currencies No. 3508-K issued by the Bank of Russia on 02.07.2012.
2. PROCEDURE FOR THE CONCLUSION AND AMENDMENT OF THE AGREEMENT
Conclusion of the agreement
2.1 Text of this Agreement is permanently located on the Internet at the following address: https://legal.staminity.com/en/offer-plan-buyer.html, contains all essential terms of the Agreement and represents an offer of the Licensor to conclude an Agreement with the Acquirer who purchases Training Plans from the Plan Author in the Program.
2.2 Purchase of a Training Plan from the Plan Author in the Training Plans Store in the Program means an unqualified acceptance of this Agreement by the Acquirer, i.e. full and unconditional acceptance of the terms of the Agreement and all its Appendixes.
Amending the Agreement
2.3. The Licensor reserves the right to alter this Agreement (in whole or in part) unilaterally and at any moment, without prior consent of the Acquirer. All changes become valid after the current version of the Agreement is published on the Internet at the following address: https://legal.staminity.com/en/offer-plan-buyer.html
2.3.1. The Acquirer undertakes to monitor the changes in this Agreement and its Appendixes on his own, periodically (at least once a month) familiarizing with the current version of the Agreement. The Acquirer is solely responsible for any consequences arising from his failure to familiarize with this Agreement (its appendixes).
2.3.2. In case if the Acquirer does not agree with any provision of the Agreement and (or) of its appendixes, he has to instantly terminate using the Training Plans Store in the Program.
3. SUBJECT OF THE AGREEMENT
3.1. The Licensor grants to the Acquirer a non-exclusive license to use the Functionality of training plans purchasing and using for its intended purpose, as provided by explicit user functions of the Program.
3.2. The license specified in clause 3.1 of the Agreement is granted to the Acquirer for the entire validity period of the Agreement and within the territory where Functionality of training plans purchasing and using remains available to the Acquirer.
4. TRAINING PLANS PURCHASE AND USE POLICY
4.1. According to terms of the non-exclusive license, the Acquirer shall have the right to use the Functionality of training plans purchasing and using in the following ways:
4.1.1 Receive information about training plans published by Plan Authors in the Training Plans Store of the Program;
4.1.2 View detailed information about the training plan;
4.1.3 Set order for the training plan purchase from the Plan Author, paying the cost set by the Plan Author.
4.1.4 Pay for the selected training plan using a bank card.
4.1.5 Use the purchased training plan in his training process: apply the training plan on the selected dates, complete activities and track the plan execution progress.
4.1.6 Perform other actions provided by the Functionality of training plan purchasing and using.
Purchase of training plans:
4.2. By purchasing a training plan in the Training Plans Store, the Acquirer obtains a non-exclusive right to use this training plan in his personal training process.
4.3. The Acquirer purchases training plans from Plan Authors by using his bank card.
4.4. Settlement of payments between the Acquirer and the Author is conducted with the help of the NCO (NCO "MONETA" (LLC)). The Licensor ensures informational and technical interaction between Acquirers, Authors and NCO. Relations between the Licensor and the NCO are determined by a separate agreement.
4.5. By clicking on the "Pay" button in the training plan purchase form, the Acquirer agrees with the terms of the Agreement on the terms and procedure of provision of services on processing bank cards issued by third party credit organizations and other instruments of payment by NCO "MONETA" (LLC) via the online resource of NCO "MONETA" (LLC): https://www.moneta.ru/info/d/en/public/users/nko/cardsserviceoffer.pdf
4.6. The use of the training plan in the Program is possible after the Company receives information from the NCO about the successful payment. The "Purchased" status of the training plan confirms the successful settlement of payment.
Until the payment is confirmed as successful, the training plan has the "Ordered" status and can't be used in the Program.
Use of training plans:
4.7. The Acquirer can use the purchased training plan only for personal use in the training process in the Program.
4.8. The Acquirer is forbidden to:
4.8.1 Use the purchased training plan for organizing the training process of other Users of the Program;
4.8.2 Use the acquired training plan to create derivative products, in particular other training plans in the Program.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Acquirer of training plans is obliged to:
5.1.1 use the Functionality of Program training plans purchasing and using according to terms specified in Section 4 of this Agreement;
5.1.2 pay the Plan Author the license fee for the use of the training plan in the amount determined by the Plan Author.
5.2. The Acquirer of training plans has the right to:
5.2.1 obtain access to the Functionality of training plans purchasing and using according to terms of this Agreement.
5.2.2 use the training plan in his personal training process.
5.3. The Licensor has the right to:
5.3.1 unilaterally terminate the Agreement and (or) block the Acquirer's access to the Functionality of training plans purchasing and using in cases of violation by the Acquirer of the Legislation and/or the terms of the Agreement (Appendixes to it). The Licensor is not liable for losses (damage) sustained by the Acquirer in connection with the termination of the Agreement and (or) such blocking. The Licensor is not obliged to inform the Acquirer of the reasons for Agreement termination and (or) blocking;
5.3.2 conduct the server’s preventive maintenance and thereby to temporarily suspend access to the Program. The Licensor shall inform the Acquirer about the preventive maintenance by notification in the Program or by email;
6. LICENSE FEE. CALCULATIONS
6.1. The functionality of training plans purchasing and using is provided to the Acquirers free of charge.
6.2. The license fee for the right to use each separate training plan is determined by the Plan Author and displayed on the Training Plan page. The amount of the license fee indicated by the Author includes the Licensor's fee paid by the Plan Author. There are no additional charges for the Acquirer besides the license fee.
6.3. The parties have agreed that a formal note of granting the non-exclusive license shall not be taken.
6.4. A non-exclusive right to use the Training plan (non-exclusive license) is considered to be granted to the Acquirer in full and in a proper manner after the first logging in of the Acquirer into the Program upon purchase of the chosen training plan.
7. DISCLAIMER OF WARRANTIES. LIABILITIES OF THE LICENSOR
7.1. The Program in full, including the Functionality of training plans purchasing and using, as well as information and materials available on the Website are provided "as is" and without any guarantees.
7.2. The Licensor, its employees, representatives and partners hereby disclaim all warranties regarding the Program in full, including the Functionality of training plans purchasing and using, information and materials provided on the Website, including all implied warranties and conditions of merchantability, fitness for a particular purpose.
The Licensor, its employees, representatives and partners do not guarantee:
- compliance of the Functionality of training plans purchasing and using with any requirements and expectations of the Acquirer,
- uninterrupted operation of the Functionality of training plans purchasing and using;
- accuracy and reliability of any results that may be obtained when using the Functionality of training plans purchasing and using;
- that the quality of any products, services, information, or other materials purchased or obtained by the Acquirer via the Website or the Program will meet his expectations;
- correction of any errors on the Website or in the Program, including the Functionality of training plans purchasing and using.
7.3. The Acquirer hereby agrees that the Licensor does not provide any medical advice via the Website or via the Program. Materials provided on the Website and in the Program published by the Licensor, other holders of the accounts or Plan Authors are not intended to be used instead of:
- recommendation of the attending doctor or other doctors,
- visit, call or consultation with the attending doctor or other doctors,
- information stated on the package or label of the product.
7.4. If any health-related questions arise, the Acquirer should contact his doctor or other healthcare providers. In case of an emergency, the Acquirer should immediately contact his doctor or an ambulance. It is strictly forbidden to use the Website, the Program or any materials presented there for the diagnosis or treatment of diseases. Transfer and receipt of the Website materials, in whole or in part, as well as communication via the Internet, email and other communication channels, does not create a doctor-patient relationship or other professional medical relationship between the Acquirer, Plan Author and the Licensor.
7.5. The Acquirer hereby agrees that activities, performed by him based on recommendations described by the Plan Author in the training plan, can pose significant risks of property damage, injury or death.
7.6. The Acquirer voluntarily undertakes all known and unknown risks associated with these activities, even if they are partly or fully caused by action, inaction or negligence of the Licensor, or by action, inaction or negligence of third parties, including Plan Authors.
7.7. The Acquirer also agrees that the Licensor is not responsible for inspecting, preparing, controlling the training plans on the Website or in the Program, as well as inspecting, preparing, controlling or conducting any races, competitions, group races or other events related to the Website or the Program.
7.8. The Acquirer hereby exempts the Licensor, its employees, representatives and partners (hereinafter referred to as the "exempted parties") from any liability related to his activities and to the use of recommendations described in the training plans published on the Website by the Authors.
7.8.1. The Acquirer will not sue the exempted parties in relation to any complaints, actions, injuries, damages or losses associated with these activities.
7.8.2. The Acquirer agrees that under no circumstances the exempted parties shall be liable to him or to third parties for any direct, indirect, punitive, incidental, special or consequential damages caused by or anyhow resulting from:
a) the use of the Website or the Program, including the Functionality of training plans purchasing and using by the Acquirer according to its intended purpose or not,
b) the use of the training plans and recommendations on the activities’ execution created by the Plan Authors and other users of the Website and the Program,
c) the business relations between the Acquirer and third parties, formulating recommendations through the Website or the Program,
d) the delay or inability to use the Website or the Program,
e) any information, software, products, services or materials obtained through the Website or the Program, based on the agreement, violation of legal rights, unconditional commitment, etc.,
7.9 If the Acquirer has grounds for receiving compensation from the Licensor, despite the above-stated disclaimer of warranties, the Acquirer may receive compensation only for direct damages in the amount of no more than 500 (five hundred) Rubles. The Acquirer can't claim compensation for any other damages, including consequential, special, indirect or incidental damages, as well as lost profit damages.
7.9.1. This restriction applies to:
(а) any issues related to software, its availability, services and content (including code) of third parties’ websites, as well as their applications;
(b) the claims associated with the violation of a contract, guarantee or essential condition, strict liability, negligence or other civil violation, as well as any other claims, to the extent permitted by applicable law.
7.9.2. This restriction applies even if the Licensor was or should have been aware of the possibility of such damages. The above-mentioned restriction or exclusion may not be applied to you if the legislation of your region, republic, province, county or country does not provide the possibility of exclusion or limitation of liability for incidental, consequential or other damages.
8. VALIDITY PERIOD OF THE AGREEMENT, TERMINATION PROCEDURE
8.1. This Agreement enters into force from the date of its acceptance and is valid until termination by the Parties.
8.2. This Agreement is an offer and according to the current civil legislation of the Russian Federation, the Licensor has the right to revoke the offer in accordance with Art. 436 of the Civil Code of the Russian Federation. In case of revocation of this Agreement by the Licensor during the period of its validity, this Agreement shall be considered as terminated from the moment of its revocation. The revocation is done by publishing relevant information on the website https://staminity.com
8.3. Early termination of this Agreement can be done:
8.3.1 by mutual agreement between the Licensor and the Acquirer.
8.3.2 unilaterally, at the initiative of the Licensor.
9. OTHER CONDITIONS
9.1. The effect of a non-exclusive license under the Agreement applies to all subsequent updates/new versions of the Program and the Functionality of training plans purchasing and using.
9.2. By accepting the terms of this Agreement, the Acquirer confirms that he has legal grounds for processing the information belonging to him by using the Program.
9.3. All issues not governed by this Agreement shall be resolved in accordance with the Legislation.
10. THE LICENSOR’S ARBITRATION
10.1. The Acquirer or Internet users who have complaints about actions of the particular User of the Program have the right to apply to the Licensor.
10.2. The complaint must be sent to the Licensor at the email address [email protected] with the following subject of the letter: "Complaint about actions of the user: Surname, Name" with attached documents confirming the complaint (claims).
10.3. Based on the results of the complaint’s processing, the Licensor has the right to establish the fact of violation of this Agreement and (or) Legislation and block access to the Website and to the Program of the Acquirer, in respect of whom the complaint was received
10.4. The decision of the Licensor on the complaint is final.
11. DETAILS OF THE PARTIES
Limited Liability Company “Staminity”
the city of Moscow
email (general questions): [email protected]
email (Program-related questions): [email protected]