USER AGREEMENT

RULES FOR PURCHASING TRAINING PLANS

Moscow

Limited Liability Company "Staminity", represented by its General Director Evgeniy Yuryevich Zakharinskiy, acting on the basis of the Charter, offers to any adult and legally capable individual to conclude this Agreement on the rules for purchasing training plans published in the Training Plans Store of the Program by the Author of a training plan.

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, Contract – this user agreement, posted on the Internet at: https://legal.staminity.com/en/offer-plan-buyer.html

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

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

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

Program User (user) – any adult and legally capable individual, sole proprietor, or legal entity who 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 Training Plans Store of the Program using the Program's functionality for publishing and selling training plans. The Plan Author may act as an individual who has concluded an additional Contract 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 sole proprietor who has concluded an additional Contract with the Company by accepting the offer located on the Internet at: https://legal.staminity.com/en/offer-author-company.html

Buyer – a Program User who purchases the non-exclusive right to use in the Program a Training Plan created by an Author of training plans.

Simple non-exclusive license – the grant to the Licensee of the right to use the Program while the Licensor retains the right to issue licenses to other persons.

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

Purchase of a training plan – the acquisition by the Buyer of non-exclusive rights to use in the Program a training plan created and published by the Plan Author.

Functionality for purchasing and applying training plans – additional functionality of the Program, available to the Buyer after concluding this Agreement, allowing the purchase of a selected training plan from the Author and its use in the training process.

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

NKO – Non-Bank Credit Organization "MONETA.RU" (limited liability company), license to carry out 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 CONTRACT AND AMENDING ITS TERMS

Conclusion of the contract

2.1 The text of this Agreement, permanently posted on the Internet at https://legal.staminity.com/en/offer-plan-buyer.html, contains all the essential terms of the Agreement and constitutes the Licensor's offer to conclude the Agreement with a Buyer of training plans from Plan Authors in the Program.

2.2 The unconditional acceptance by the Buyer of this agreement, i.e., the full and unreserved acceptance of the terms of the Agreement and all its Annexes, is the purchase of a training plan from a Plan Author in the Training Plans Store of the Program.

Amendment of the contract

2.3. The Licensor has the right at any time to amend this Agreement and all its annexes (in whole or in part) unilaterally, without prior agreement with the Buyer. All amendments take effect after the current version of the Agreement is posted on the Internet at: https://legal.staminity.com/en/offer-plan-buyer.html
2.3.1. The Buyer undertakes to independently monitor changes to this Agreement and its annexes by periodically reviewing the current version at least once a month. The Buyer is solely responsible for any consequences arising from failure to review this Agreement (its annexes).
2.3.2. If the Buyer does not agree with any provision of the Agreement and (or) its annexes, they must immediately cease using the Training Plans Store in the Program.

3. SUBJECT OF THE CONTRACT

3.1. The Licensor grants the Buyer a simple non-exclusive license for the right to use the Functionality for purchasing and applying a training plan for its direct purpose, as provided by the explicit user functions of the Program.

3.2. The license specified in clause 3.1 of the Contract is granted to the Buyer for the entire term of the Contract and within the territory in which the Functionality for purchasing and applying a training plan remains available to the Buyer.

4. TERMS FOR PURCHASING AND APPLYING TRAINING PLANS

General terms:

4.1. Within the framework of the Simple non-exclusive license, the Buyer has the right to use the Functionality for purchasing and applying a training plan of the Program 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 a training plan;

4.1.3 Place an order to purchase a training plan from the Plan Author with payment of the price set by the Plan Author.

4.1.4 Make payment for the selected plan with a bank card.

4.1.5 Use the purchased training plan in their own training process: apply the training plan on selected dates, perform workouts, and track completion of the plan.

4.1.6 perform other actions provided by the Functionality for purchasing and applying a training plan

Purchasing training plans:

4.2. By purchasing 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.

4.3. The purchase of training plans by the Buyer from Plan Authors is carried out with bank cards.

4.4. Settlements between the Buyer and the Author are carried out using the NKO (NKO "MONETA" (LLC)). The Licensor ensures the information and technical interaction of Buyers, Authors, and the NKO. The relationship between the Licensor and the NKO is defined by a separate contract.

4.5. By clicking the "Pay" button in the training plan purchase form, the Buyer agrees to the terms of the Contract on the terms and procedure for the provision by NKO "MONETA" (LLC) of services for servicing bank cards of individuals 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

4.6. Use of a training plan in the Program is possible after the Company receives information from the NKO about a successfully completed payment. The fact of a successfully completed payment is confirmed by the "Purchased" status of the training plan. Until the success of the payment is confirmed, the training plan in the Program has the status "Ordered"; it is impossible to use the training plan in the Program while it has this status.

Use (application) of training plans:

4.7. The Buyer of a training plan may apply the purchased training plan solely for personal use in the training process in the Program.

4.8. The Buyer is prohibited from:

4.8.1 Using the purchased training plan to organize the training process of other Program Users;

4.8.2 Using the purchased training plan to create derivative products, in particular other training plans in the Program.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Buyer of training plans is obliged to:

5.1.1 use the Functionality for purchasing and applying a training plan of the Program within the framework provided by Section 4 of this Contract;
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 obtain access to the Functionality for purchasing and applying a training plan in accordance with the terms of this Contract.

5.2.2 use (apply) the training plan in their personal training process.

5.3. The Licensor has the right to:
5.3.1 unilaterally terminate the Contract and (or) block the Buyer's access to the Functionality for purchasing and applying a training plan in cases of the Buyer's violation of the Legislation and (or) the terms of the Contract (its annexes). The Licensor is not liable for losses (damages) incurred by the Buyer of training plans in connection with the termination of the Contract and (or) the blocking. The Licensor is not obliged to inform the Buyer of training plans of the reasons for the termination of the Contract and (or) the blocking;

5.3.2 carry out maintenance work on the server, for which purpose it may temporarily suspend access to the Program. The Licensor notifies the Buyer of maintenance work by means of a notification in the Program or by e-mail distribution;

6. LICENSE FEE. SETTLEMENTS

6.1. The Functionality for purchasing and applying a training plan is provided to Buyers free of charge.

6.2. The license fee for the right to use each training plan is determined by the Plan Author and displayed on the Training Plan page. The amount of the license fee specified by the Author includes the Licensor's commissions charged to the Plan Author. No commissions are charged to Plan Buyers.

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 granted to the Plan Buyer in full and in due manner after the Buyer of the training plan first logs into the Program following the purchase of the selected training plan.

7. DISCLAIMER OF WARRANTIES AND LIABILITY OF THE LICENSOR

7.1. The Program as a whole, including the Functionality for purchasing and applying a training plan, as well as the information and materials available on the Website, are provided "as is" and without any warranties.

7.2. The Licensor, its employees, representatives, and partners hereby disclaim all warranties regarding the Program as a whole, including the Functionality for purchasing and applying a training plan, the information and materials of the Website, including all implied warranties and conditions of merchantability and fitness for a particular purpose.

The Licensor, its employees, representatives, and partners do not warrant the following:

  • the conformity of the Functionality for purchasing and applying a training plan to any particular requirements and expectations of the Author,
  • the uninterrupted operation of the Functionality for purchasing and applying a training plan;
  • the accuracy or reliability of the results that may be obtained from the use of the Functionality for purchasing and applying a training plan;
  • the conformity of the quality of products, services, information, and other materials purchased or received by the Buyer through the Website or the Program to their expectations;
  • the correction of any errors on the Website or in the Program, including the Functionality for purchasing and applying a training plan

7.3. The Buyer hereby agrees that the Licensor does not provide medical advice through the Website or the Program. The materials provided on the Website and in the Program, published by the Licensor, other account holders, or Plan Authors, are not intended to be used in place of:

  • the advice of an attending physician or other physicians,
  • a visit, call, or consultation with an attending physician or other physicians,
  • the information indicated on the packaging or label of a product.

7.4. If questions related to health arise, one should contact one's attending physician or other healthcare providers. In an emergency situation, it is necessary to immediately contact the attending physician or call emergency services. It is strictly prohibited to use the Website, the Program, or any materials presented there to diagnose or treat diseases. The transmission and receipt of the Website's materials, in whole or in part, as well as communication via the Internet, e-mail, and other communication channels, does not create a doctor-patient relationship, or any other professional medical relationship, between the Buyer, the Plan Authors, and the Licensor.

7.5. The Buyer hereby agrees that their athletic training, performed by them according to the recommendations described by the Plan Author in the training plan, carries a significant risk of property damage, injury, or death.

7.6. The Buyer voluntarily assumes all known and unknown risks associated with this training, even if they are caused in part or in full by the action, inaction, or negligence of the Licensor, or by the action, inaction, or negligence of third parties, including Plan Authors.

7.7. The Buyer also agrees that the Licensor is not liable for the verification, preparation, or control of training plans on the Website or in the Program, nor for the verification, preparation, control, or conduct of any races, competitions, group rides, or other events related to the Website or the Program.

7.8. The Buyer hereby releases the Licensor, its employees, representatives, and partners (hereinafter the "released parties") from any liability related to their athletic training and the application of recommendations from training plans published by Authors on the website.

7.8.1. The Buyer will not pursue the released parties at law in connection with any complaints, actions, injuries, damages, or losses related to this training.

7.8.2. 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, including the Functionality for purchasing and applying a training plan, whether as intended or not,

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

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

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

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

7.9 If the Buyer has grounds for recovering compensation from the Licensor, notwithstanding the above disclaimer of warranties, the Buyer may recover compensation only for direct losses in an amount not exceeding 500 (five hundred) rubles. The Buyer may not recover any other losses, including indirect, special, consequential, or incidental losses, as well as losses in connection with lost profits.

7.9.1. This limitation applies to:

(a) any matters related to software, its availability, services, and the content of third-party websites (including code), as well as their applications;

(b) claims related to breach of contract, warranty, or a material term, strict liability, negligence, or another civil tort, as well as any other claims, to the extent permitted by applicable law.

7.9.2. This limitation applies even in the event that the Licensor was or should have been aware of the possibility of such losses. The above limitation or exclusion may not apply to you if the legislation of your region, republic, territory, district, or country does not permit the exclusion or limitation of liability for incidental, consequential, or other damages.

8. TERM OF THE CONTRACT, TERMINATION PROCEDURE

8.1. This Contract enters into force from the date of acceptance and is valid until terminated by the Parties.

8.2. This Contract is an offer and, by virtue of the current civil legislation of the Russian Federation, the Licensor has the right to withdraw the offer in accordance with Art. 436 of the Civil Code of the Russian Federation. In the event of the withdrawal of this Contract by the Licensor during its term, this Agreement is deemed terminated from the moment of withdrawal. Withdrawal 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 Licensor and the Buyer.
8.3.2 at the initiative of the Licensor unilaterally.

9. MISCELLANEOUS PROVISIONS

9.1. The Simple non-exclusive license under the Contract extends to all subsequent updates / new versions of the Program and the Functionality for purchasing and applying a training plan.

9.2. By accepting the terms of this Contract, the Plan Author confirms that they have legal grounds for processing the information belonging to them using the Program.

9.3. All matters not regulated by this Agreement shall be resolved in accordance with the Legislation.

10. ARBITRATION OF THE LICENSOR

10.1. The Buyer or Internet users who have complaints about the actions of a specific Program User have the right to contact the Licensor.

10.2. The complaint must be sent to the Licensor at the e-mail address support@staminity.com with the subject "Complaint about a user's actions: Last name, First name" with the attachment of documents confirming the complaint (claim).

10.3. Based on the results of reviewing the complaint, the Licensor 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 Buyer against whom the complaint was received.

10.4. The Licensor's decision on the complaint is final.

11. DETAILS OF THE PARTIES

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

results matching ""

    No results matching ""