User Agreement
Think Body Mobile App
Mobile Application "Think Body" (hereinafter Application and/or Application) - a set of software and hardware designed to work on smartphones, tablets and other mobile devices. The mobile application "Think Body" is designed to provide services in the field of healthy life, sports, is a platform for displaying fitness methods, advice and consultations with fitness specialists.
User Account - a personal account (account) in the functional system of the Application, which has a unique ID, through which the User can receive a full range of services provided by the Application.
Creation of an Account - Registration of the User's account in the Application, according to the established procedure, in order to gain access to the services provided by the Application.
Acceptance - full, unconditional and unconditional acceptance by the Customer (User) of the terms of the Offer of this Agreement without the signature of a written copy of the Agreement by the Parties.
Administration - The owner of the Application, which ensures the proper operation of the Application and provides services through it. The owner of the Application and the person acting as the Administration is an Individual - entrepreneur Gordeev Denis Mikhailovich.
User (Customer) - an adult and capable person registered in the Appendix in the prescribed form (having an Account) in order to receive services and who has concluded an Agreement with the Administration by accepting the offer of the User Agreement.
Training - methodical information placed in the application, which contains a set of sports exercises and which is set out in the application in the form of video lessons (or animation).
Content is the content of a mobile application that includes all the information posted on it, including courses, challenges.
Parties to the Agreement - Administration and User.
All other terms and definitions found in the text of the Agreement shall be interpreted by the Parties in accordance with the norms of the Legislation of Ukraine, international treaties and the established customary rules for the interpretation of the relevant terms.
The names of the contents (articles) of this Agreement are intended solely for the convenience of using the text of the Agreement and have no literal legal meaning.
1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter referred to as the Agreement), forms the rules for using the Application, as well as the functions posted on it, determines the terms of use, interaction and development of the Application, as well as the rights and obligations of the Administration and Users.
1.1.2. The Agreement also applies to relations related to the rights and interests of third parties who are not users of the Application, but whose rights and interests may be violated as a result of the actions of Users of the Application.
1.2. The subject of the Agreement is the provision by the Administration of access to the Application for the provision of services for the use of the Application of its functionality and services. The application provides platform services for placing educational guidelines on it in the field of sports, healthy lifestyle, fitness, and also uses convenient solutions so that the User can use such solutions. (hereinafter – Services).
1.3. The Parties to this Agreement are the Administration and the User (hereinafter the term "Party" is used together in this Agreement).
1.4. The User is obliged to fully read and agree to this Agreement before starting to use the Application.
1.5. Registration of the User in the Application means full and unconditional acceptance by the User of the terms of this Agreement.
1.6. This Agreement may be amended and/or supplemented by the Administration unilaterally without any special notice. This Agreement is an open and publicly available document. The Administration recommends that Users regularly check the terms of this Agreement for changes and/or additions. Continued use by the User after making changes and/or additions to this Agreement means acceptance and consent of the User with such changes and/or additions.
1.7. The User understands and agrees that all services posted in the Application are provided "as is" and that the Administration is not responsible for all delays, failures, deletion or non-preservation of any personal information due to power supply failures or failures in the Internet.
2. APPLICATION STATUS
2.1. Mobile Application "Think Body" - mobile multi-platform software, which is a set of information contained in the information system ensures the availability of such information for the User, as well as for third parties.
2.2. All rights to the Application in general and to use the network address (domain name, subdomains, root subdomain) belong to the Administration.
3. REGISTRATION OF THE ACCOUNT
3.1. Any User has the right to register in the Application (create a personal User account).
3.2. Registration is mandatory for use and to provide a full range of services on it.
3.3. Before starting to work with the Application and to gain access to all functional properties, the User performs Account Registration (Personal Account), according to the proposed algorithm.
3.4. Registration of the User Account is carried out in the Application itself as part of the first activation (first login) to it.
3.5. Further access to the User's Account is carried out using a login, which is an electronic mailbox indicated by the User when Registering a personal account and a password.
3.6. Registration of the User Account is possible, in simplified mode, through the use of accounts GOOGLE, FACEBOOK, APPLE (ITUNES).
3.7. If necessary, the User can delete his account using such a function posted in the Application.
3.8. After the User's Registration of the Account is completed, all information regarding such an account can be obtained in the "Profile" attachment posted in the mobile Application.
4. DESCRIPTION OF THE SERVICES
4.1. The application is a platform whose purpose is to induce Users to lead a healthy lifestyle, implement proven methods to enable the User to play sports, as well as other healthy actions.
4.2. Services in the mobile Application are paid and free of charge. Determination of the list of paid and free services that are placed in the application is determined by the Administration.
4.2.1. The user gets access to free services immediately after creating an account, and to paid ones, after creating an account and paying for a specific service from the "Paid Services" attachment.
4.2.2. The User can purchase a selection of paid services, which is formed by the Administration and which includes related services from those that the User needs.
4.3. After creating an account, the User gets access to the main blocks with the services provided by the Application, namely:
The user gets access to the "Home Page" attachment, with which he can choose paid and free training, watch the description of such training, choose the desired service and start using it, search for the necessary (desired) training.
The user gets access to the "Store" attachment, with which he can make purchases of training, from the "paid" category, as well as make other in-app purchases provided by the application.
The user gets access to the "My Profile" attachment with which he can administer and configure his account, view security and privacy information, communicate with the Administration, and delete his account.
4.3. All paid services that the User has purchased in the course of using the Application are stored in the Account. The user gets access to the purchased services in the Application without time limit, but except if the mobile application is available and is maintained by the administration in working condition.
4.4. All services provided by the mobile application are provided exclusively to adult, capable Users. By accepting this Agreement, the User confirms that he is an adult and capable.
5. RIGHTS AND OBLIGATIONS OF ADMINISTRATION AND USER
5.1. Rights and obligations of the Administration:
5.1.1. The Administration undertakes to ensure that the User can receive the services in the manner specified in this Agreement.
5.1.2. The Administration has the right at any time and without warning to change the design of the Application and content, add new functions of the Application and remove existing ones.
5.1.3. Administration in the right to send to Users by e-mail and other means of communication messages regarding the use of the Application.
5.1.4. The administration reserves the right to block and delete the accounts of persons who violate the terms of this Agreement and the current legislation of Ukraine.
5.1.5. If the Administration receives information about the illegal activities of Users and/or establishes facts or clarifies circumstances that indicate that the activities of Users have signs of illegal, in order to ensure the safety of Users and work, has the right to delete his account, unilaterally.
5.1.6. In case of inactivity of the User's account for 3 (three) years, taking into account the fact that the User has not purchased paid content, such account may be deleted by the Administration;
5.2. Rights and obligations of the User:
5.2.1. The User has the right to use the information and functionality of the Application, as well as contact the Administration in order to resolve disputes. At the same time, the Administration does not guarantee the processing of all User requests.
5.2.2. The User has the right to create an account in the Application, upon agreement with the terms of this Agreement.
5.2.3. The User undertakes to take appropriate measures to ensure the safety of his personal login and password to access the Application.
5.2.4. The User undertakes to take full responsibility for any actions committed by him using his account, as well as for any consequences that may have caused or entailed such use.
5.2.5. Using the information posted in the Application, the User realizes and accepts the risks associated with its possible non-reliability, as well as the fact that some information may seem inaccurate to him.
5.2.6. The User undertakes to use the Application only for legitimate purposes, to comply with the current legislation of Ukraine, as well as the rights and legitimate interests of the Parties to this agreement.
5.2.7. The User has no right to perform actions that affect the normal operation of the Application and are its unfair use. The User undertakes not to use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, purchase, copy or track the content of the Application, or similar programs that may disrupt its functioning.
5.2.8. The User undertakes not to perform actions aimed at gaining access to someone else's personal profile/Account by selecting a login and password, hacking or other actions.
5.2.9. The User has no right to transfer, retreat, sell, transfer for use, etc. his login and password to access the Application to third parties without the consent of the Administration. In case of transfer of the login and password or rights to any third party, all responsibility for the actions of such third party is then borne by the User.
6. RESPONSIBILITY OF THE PARTIES
6.1. The Administration is not responsible and does not compensate for losses arising from improper (unauthorized) use of the service, as well as User's mistakes committed in the provision of services in the Application, which can lead to negative consequences.
6.2. The Administration is not responsible for injuries, mechanical damage, other physical damage to the User and/or third parties that occurred during the use of the Application.
6.3. The administration is not responsible for the negative consequences caused by the use of this Application by minors and/or incapacitated persons.
6.4. The Parties shall not be liable for delays or non-fulfillment of their obligations under this Agreement and/or agreements due to force majeure, including (without limitation) natural disasters, acts of governmental or regulatory authority, war, fire (fires), flood, explosion, terrorism, riot, civil unrest, hacker attacks, lack, non-functioning or failure of power supply, Internet service providers, communication networks or other systems, networks and devices.
6.5. The Administration has the right to apply measures of influence against the User, in case of violation of the terms of this Agreement, ignoring warnings from the Administration and in other cases stipulated by this Agreement.
7. DISPUTE RESOLUTION
7.1. In case of any disagreements or disputes between the Parties to this Agreement, either Party has the right to apply to the court of the relevant jurisdiction of Ukraine, or with a claim drawn up in Ukrainian or English, taking into account the requirements of the current legislation of Ukraine.
7.1.1. In case of violation of the rights of third parties by the Parties to this agreement, such parties have the right to appeal to the Administration for the elimination of violations.
7.2. Complaints to the Administration, as well as claims, requests, etc., are made by sending such claims to the Administration's e-mail address: gordeevdenis235@gmail.com, or using the "Help" attachment in the "Profile" section, which is located in the Application.
7.3. Appeals with claims to the Administration, as well as with requirements, requests, etc., are made by sending such claims to the User's e-mail, which was indicated by him when Creating an account and which is his login.
7.4. If for any reason the Parties have not exercised their rights described in this Agreement and in the Privacy Policy, this does not mean that the Administration waives these rights and reserves the right to exercise them in the future.
7.5. The decision on the incorrectness or invalidity of any of the terms of this Agreement can be made only in a court having the competence to make such decisions. In this case, this clause (condition) will be removed from the User Agreement without affecting other parts of the Agreement that will remain relevant and unchanged.
8.1. This Agreement comes into force from the moment of its Acceptance by the User and is valid throughout the entire life of the User Account.
8.2. The User has the right to stop deleting his Account in the Application, unilaterally, without prior notification to the Administration and explanation. In such circumstances, this Agreement ceases to operate in relations with such User and the Administration, from the moment of deleting the Account.
8.3. If the Administration makes any changes to the Agreement in the manner provided for in Article 10 of this Agreement, with which the User does not agree, he is obliged to stop using the Application by deleting the User Account. The fact of continued use of the Application is an unconditional confirmation of the User's consent with the relevant version of the Agreement.
9. CONFIDENTIALITY OF USER DATA, CONSENT TO THE PROCESSING OF PERSONAL DATA
9.1. Legal relations in the field of storage, processing, use, transfer and confidentiality of data of Users of the Application are determined by a separate document - PRIVACY POLICY OF THE MOBILE APPLICATION "Think Body.
9.2. The user is obliged to familiarize himself with the one specified in clause 9.1. Document before the Application is used.
9.3. By accepting this public offer, the User gives his consent to the processing, use and storage of his personal data.
10.1. In order to improve the quality of the services provided by the Annex and to comply with the requirements of the legislation, and to respond to changes in market conditions, this Agreement may be unilaterally amended by the Administration. The new version of the Agreement comes into force from the moment it is posted on the Internet and in the Application, unless otherwise provided for by the new version of the Agreement.
10.2. The Administration is not obliged to notify the User of any change in the terms of this Agreement, but is entitled to such notification if necessary.
11.1. Trademark "Think Body" The Application and all its pages, as well as all information posted in the Application, are subject to copyright. It is forbidden to use the trademark and all its pages without the prior consent of the Administration. For violation of this reservation, the legislation of Ukraine provides for the application of civil and criminal liability.
11.2. Due to the fact that the Application offers the User educational services in the field of sports and self-care, the User understands and agrees that the execution of exercises or any other actions reflected in the Application is a source of increased danger to the User.
11.3. When using the Application, the user must observe safety precautions to prevent injury to himself and/or others.
11.4. By agreeing with this offer, the User assumes responsibility for any injury to himself and others that may occur while using the Application.
11.4.1. The User confirms that he will use the Application at his own risk and will not have any complaints to the Administration in case of traumatic situations, accidents, or other negative situations related to the use of the Application.