IMPORTANT! Before using the “TrainWith.Pro” program it is required to carefully read the terms and conditions specified in this Agreement. Your registration on the website https://trainwith.pro indiсates your complete acceptance of all the conditions of the License agreement and proper conclusion of the agreement from your side. If you are not ready to unconditionally accept all the provisions of this agreement, you don't have a right to use the Program.
granting a non-exclusive right to use the “TrainWith.Pro” Program
the city of Kamyshin
Limited Liability Company «TrainWith.Pro», represented by the General Director Evgeny Yuryevich Zakharinsky, acting on the basis of the Charter, offers any adult and capable private individual, individual entrepreneur or legal entity to conclude a license agreement granting a non-exclusive right to use the “TrainWith.Pro” Program on the following terms:
1.1. The following terms and definitions are used in this agreement:
Licensor – LLC "Online fitness", owner of exclusive rights to the Program.
Licensee – adult and capable private individual, individual entrepreneur or legal entity, to which the Licensor has granted the right to use the Program on a non-exclusive basis.
Non-exclusive license – grants the Licensee the right to use the Program, provided that the Licensor reserves the right to issue licenses to others.
Program – web application "TrainWith.Pro" which can be accessed through the Licensor's Website and through mobile applications “TrainWith.Pro” 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://trainwith.pro.
The Program includes interface, software and other elements necessary for proper functioning. Full rights to the Program (and the elements it includes) belong to the Licensor.
Licensor’s Website (Website) - a website located on the Internet at the following address: https://trainwith.pro
Licensee’s account (Account) — a private area on the Licensor’s Website which is created when the Licensee registers on the Website. The use of the Program and interaction between the Parties are conducted through the Account. The Licensee can access the Account by entering Login and Password or with the help of Authorization through social networks.
Login and Password — a unique set of symbols created by the Licensee upon registration, if he chooses the identification by Login and Password. The Licensee's email address is used as the Login. Login and Password are meant to access the Account.
Registration form — an online form located on the Website which the Licensee has to fill in in order to complete the Registration on the Website. The Registration form offers two ways of the Licensee’s identification in the Program: by email address or by authorization through the social networks.
Registration — filling in by the Licensee of the Registration form located on the Website, providing the necessary information for the Licensee’s identification: by email address or by authorization through the social networks.
Authorization through the social networks - a way of Registration and obtaining access to the Program, according to which the Licensee’s data from the chosen social network (Facebook, Google or Vkontakte) is used to identify the Licensee.
Agreement — this agreement, including all appendixes and rules specified in this agreement, or directly mentioned as appendixes to this agreement.
Licensee’s tariffs (Tariffs) - the Licensor’s price list, located on the Internet at the following address: https://trainwith.pro. The Program’s functional available to the Licensee is determined on the basis of the total set of tariffs purchased by the Licensee and is specified in the description of the specific Tariff.
Period of the Tariff’s validity - period during which the functions of the selected Tariff are available to the Licensee.
Paid period of the Tariff’s usage - period of the Program’s usage for which the Licensee has paid a license fee.
2.1 Conclusion of the agreement. The Licensee’s Registration on the Website by filling in and submitting the Registration form with provision of the Login and Password or with authorization through the social networks means an unqualified acceptance of this Agreement by the Licensee, i.e. full and unconditional acceptance by the Licensee of the terms of the Agreement and all its Appendixes.
2.2. Alteration of the agreement. The Licensor reserves the right to alter this Agreement and all its appendixes (in whole or in part) unilaterally and at any moment, without prior consent of the Licensee. All changes become valid after the current version of the Agreement is published on the Internet at the following address: https://docs.trainwith.pro/en/license.html. 2.2.1. The Licensee 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 Licensee is solely responsible for any consequences arising from his failure to familiarize with this Agreement (its appendixes). 2.2.2. In case if the Licensee does not agree with any provision of the Agreement and (or) of its appendixes, he should instantly terminate using the Website and the Program.
3.1. The subject of this Agreement is the grant of a Non-exclusive license for the right to use the Program by the Licensor to the Licensee.
3.2. All the conditions stipulated below apply both to the Program as a whole and to all its components discretely.
3.3. Territory of the granted rights - all countries of the world.
3.4. Period of the granted rights - is limited by the period of the validity of the Tariff chosen by the Licensee. The Licensee can prolong the Non-exclusive license by purchasing the selected Tariff.
4.1. In order to use the Program, the Licensee must undergo the Registration procedure. The Registration is conducted by filling in and submitting the Registration form with provision of the Login and Password or with authorization through the social networks.
4.2. If the Licensee has chosen an authentication method “by Login and Password” upon Registration, he must indicate the following information:
Name and Surname;
Login and password.
4.3. If the Licensee has chosen an authentication method with “Authorization through the social networks” he must choose the social network from which profile the required data will be received in order to identify the Licensee in the Program. It is possible to Register through Facebook, Google, VKontakte.
4.4. The Registration is considered completed when the Licensee has filled in the Registration Form and sent it to the Licensor. After submitting the Registration form a letter confirming the Registration is sent to the Licensee’s email address.
4.5. The Licensee guarantees that the information specified during the Registration is valid and reliable and does not relate to third parties.
4.6. The Licensee guarantees that he has reached the age of 18 by the time of Registration in the Program.
4.7. In case if the Licensee during the Registration acts on behalf of a legal entity (individual entrepreneur), he guarantees that he has the required authority to accept this Agreement.
5.1. According to the non-exclusive license the Licensee has a right to use the Program in the following ways:
5.1.1 obtaining an access to the Program through the Licensor’s Website or through the applications downloaded from AppStore (for the IOS platform) and Google Play (for the Android platform). 5.1.2 using the Platform according to the intended purpose for the Licensee’s personal needs.
5.2. When using the Program, the Licensee is forbidden to:
5.2.1 modify the Program’s software, including to change, decompile, disassemble, decrypt and perform other actions with the object code of the software; 5.2.2 create his own software based on the Program; 5.2.3 make changes in the database structure, in the Program’s documentation; 5.2.4 duplicate or distribute, copy in full or in part the interface elements without a written consent of the Rightholder; 5.2.5 use the Program in a way not explicitly provided for in this Agreement; 5.2.6 try to bypass the technical constraints in the Program’s software; 5.2.7 use the Program or its parts after the termination of this Agreement; 5.2.8 transfer the right to use the Service (on a paid basis or free of charge) to third parties, provide the third parties with the Login and Password.
5.3. An access to the paid functions of the Program is provided to the Licensee within 5 (five) working days from the moment of the relevant Tariff’s payment. To access the functions of the paid Tariff the Licensee must exit the Program and then login again.
5.4. The rights to the Program are considered as granted to the Licensee at the moment of providing access in accordance with clause 5.3. of this Agreement.
5.5. By means of the Program it is forbidden to use (publish) materials containing:
5.5.1 obscene or abusive words or phrases, pornographic images and texts or scenes of a sexual nature involving minors; 5.5.2 threats, calls for violence and illegal actions, violation of laws; 5.5.3 elements of violence, cruelty, racial, interethnic or interreligious conflicts, and links to such materials; 5.5.4 Nazi attributes or symbols; 5.5.5 propaganda of criminal behavior, guides on unlawful acts committing; 5.5.6 material that contains threats or that discredits, offends, defames honor and dignity or goodwill, or violates the privacy of other Users or third parties; 5.5.7 materials violating the existing legislation of the Russian Federation.
5.6. The Licensee guarantees that by means of the Service he publishes (uses) the materials (information), exclusive rights to which belong to the Licensee.
5.7. Persons who have not reached the age of 18 are forbidden to use the Program.
6.1. The Licensee is obligated:
6.1.1 to use the Program according to the provisions of the section 5 of this Agreement; 6.1.2 to pay the Licensor a license fee calculated based on the chosen Tariff; 6.1.3 not to provide his Login and Password to third parties, ensure the privacy of the Login and Password. To immediately notify the Licensor in case of loss of the Login and Password and/or breach of privacy of the Login and Password;
6.2. The Licensee has a right to:
6.2.1 obtain an access to the Program and use the Program according to the provisions of this Agreement.
6.3. The Licensor has a right to: 6.3.1 unilaterally terminate the Agreement and (or) block the Licensee’s access to the Program in case of violation of the Legislation and/or provisions of the Agreement (its appendixes) by the Licensee. The Licensor is not liable for any loss (damage) incurred by the Licensee in connection with the termination of the Agreement and (or) such blocking; 6.3.2 conduct the server’s preventive maintenance and thereby to temporarily suspend access to the Program. The Licensor shall inform the Licensee about the preventive maintenance by notification in the Program or by email; 6.3.3 use the Licensee’s name as well as his trademarks (service marks) and the Licensee's logos for the purposes of Licensor's services advertising. 6.3.4 modify or release updates to the software and the Program, add new features or functionality to the software, thus enhancing its performance or otherwise improving its characteristics, including in order to meet the requirements of the legislation of the Russian Federation.
7.1. Processing of personal data and other information received by the Licensor from the Licensee is performed in accordance with the Privacy Policy published at the following address: https://docs.trainwith.pro/en/privacy.html. The Privacy Policy is an integral part of this Agreement. By registering in the Program and accepting the terms of the Agreement, the User also agrees with all the provisions of the Privacy Policy.
8.1. The amount of the license fee is calculated for each Tariff chosen by the Licensee. The period of validity of the Tariff cannot exceed the period of validity of this Agreement.
8.2. Description of the existing Tariffs is published in the section https://trainwith.pro on the Licensor’s Website
8.3. According to the “Basic” tariff plan, a non-exclusive license is granted free of charge.
8.4 "Premium" tariff plan
8.4.1. According to the “Premium” tariff plan, the amount of the license fee is calculated based on the cost of the subscription fee as per tariff which is 300 Roubles/month if paid monthly, or 3000 Rouble/year if paid annually.
8.4.2. In order to use the “Premium” tariff, the Licensee needs to select the calculation period (month or year) and pay the invoice for the selected period.
8.4.3. If the “Premium” tariff is used without the “Coach” and “Club” tariffs then the period of validity coincides with the Paid period and is indicated in the invoice.
8.4.4. To prolong the tariff’s period of validity the Licensee has to pay the invoice for a new period.
8.4.5. When the “Premium” tariff is used together with the “Coach” and/or “Club” tariffs, the license fee for the “Premium” tariff is included in the total invoice, which is made during the calendar month and invoiced on the 1st day of every month.
8.5 "Coach" tariff plan
8.5.1. According to the “Coach” tariff plan, the amount of license fee is composed of:
Subscription fee as per tariff in the amount of 300 Roubles/month if paid monthly, or 3000 Rouble/year if paid annually. The subscription fee includes the right to train 1 athlete.
Payment for athletes - 7 Roubles/day for each athlete starting from the second one. The Licensee has to pay only for the first 10 athletes, the rest are not taken into account, and the Licensee can work with them free of charge.
Additionally, the coach can subscribe the athletes to the Premium tariff at his own expense. The cost of the athletes’ subscription to the Premium tariff is 7 Roubles/day per each athlete and is also included in the license fee on the "Coach" tariff.
8.5.2. In order to use the “Coach” tariff, the Licensee needs to select the subscription fee calculation period (month or year) and pay the subscription fee for the selected period. Therewith, the period of validity of the “Coach” tariff is:
In case of subscription to the tariff before the 15th day of the month - 1 month from the date of the subscription,
In case of subscription to the tariff after the 15th day of the month - until the last day of the month following the month of the subscription.
8.5.3. The calculation of the license fee according to the "Coach" tariff is performed on a daily basis and is reflected in the forming invoice. The Licensee can control the amount of charges in his Account, in the “Settings” section - "Tariffs and invoices” - "Forming" invoice.
8.5.4. The Licensee receives an invoice at the end of the period of validity of the “Coach” tariff. In order to extend the validity period of the tariff, the invoice must be paid within 7 days.
If the invoiced amount is zero, i.е. there are no additional charges for the previous period, the tariff is automatically prolonged until the end of the current month.
If the invoiced amount is not zero, i.e. there are additional charges for the previous period, the Licensee has to pay the invoice in order to prolong the tariff’s period of validity..
8.5.5. If the invoice issued in accordance with clause 8.5.4 is not paid within 7 days:
The “Coach” tariff is to be disabled for the Licensee. All the “Premium” tariffs purchased by the Licensee for the athletes is to be disabled too. The coach's link with the athletes remains enabled for another 30 days.
A new invoice is to be issued for those 7 days that have passed since the day of the invoice issue.
8.5.6. In case of re-subscription to the “Coach” tariff which was disabled for non-payment in accordance with clause 8.5.5., it is necessary to pay the debts on the previously issued invoices and subscribe again to the "Coach" tariff by paying the subscription fee for the selected period (1 month or 1 year).
8.5.7. Starting from the second month, regardless of the date of the subscription to the tariff, the following settlement rules are applied:
Settlement period - a calendar month, from the 1st till the last day of the month;
Invoice date - the 1st day of the month.
8.5.8. When the “Coach” tariff is used together with other tariffs, then all charges on all tariffs are included in the total invoice.
8.6 “Club” tariff plan
8.6.1. According to the “Club” tariff plan, the amount of the license fee is composed of:
Subscription fee as per tariff in the amount of 300 Roubles/month if paid monthly or 3000 Roubles/year if paid annually. The subscription fee includes the right to train 1 athlete and the “Coach” role
Payment for the club coaches – 10 Roubles/day per each coach with the “Coach” role.
Payment for the club athletes– 7 Roubles/day per each one.
Each club coach gives the club the right to work with one athlete free of charge, and the club pays for not more than 10 athletes per each coach.
Additionally, the club can subscribe its athletes to the Premium tariff at its own expense. The cost of the athletes’ subscription to the Premium tariff is 7 Roubles/day per each athlete and is also included in the license fee on the "Club" tariff.
8.6.2. In order to use the “Club” tariff, the Licensee needs to select the subscription fee calculation period (month or year) and pay the subscription fee for the selected period. Therewith, the period of validity of the “Club” tariff is:
In case of subscription to the tariff before the 15th day of the month - 1 month from the date of the subscription,
In case of subscription to the tariff after the 15th day of the month - until the last day of the month following the month of the subscription.
8.6.3. The calculation of the license fee according to the "Club" tariff is performed on a daily basis and is reflected in the forming invoice. The Licensee can control the amount of charges in his Account, in the “Settings” section - "Tariffs and invoices” - "Forming" invoice.
8.6.4. The Licensee receives an invoice at the end of the period of validity of the “Club” tariff. In order to extend the validity period of the tariff, the invoice must be paid within 7 days.
If the invoiced amount is zero, i.е. there are no additional charges for the previous period, the tariff is automatically prolonged until the end of the current month.
If the invoiced amount is not zero, i.e. there are additional charges for the previous period, the Licensee has to pay the invoice in order to prolong the tariff’s period of validity.
8.6.5. If the invoice issued in accordance with clause 8.6.4 is not paid within 7 days:
The “Club” tariff is to be disabled. All the “Premium” and “Coach” tariffs purchased for the club’s members for the expense of the club are to be disabled too. The link between the athletes, coaches and the club, as well as between the athletes and coaches of the club remains enabled for another 30 days.
A new invoice is to be issued for those 7 days that have passed since the day of the invoice issue.
8.6.6. In case of re-subscription to the “Club” tariff which was disabled for non-payment in accordance with clause 8.6.5., it is necessary to pay the debts on the previously issued invoices and subscribe again to the "Club" tariff by paying the subscription fee for the selected period (1 month or 1 year).
8.6.7. Starting from the second month, regardless of the date of the subscription to the “Club” tariff, the following settlement rules are applied:
Settlement period - a calendar month, from the 1st till the last day of the month;
Invoice date - the 1st day of the month.
8.6.8. When the “Club” tariff is used together with other tariffs, then all charges on all tariffs are included in the total invoice.
8.7. License fee payment. Automatic payment
8.7.1 Issued invoices are paid in Russian Roubles. It is possible to make a payment by Visa or Mastercard credit card or by Paypal (full list of payment methods is available in the Account). The Licensee’s payment obligation is considered to be fulfilled at the moment of writing off of the funds from the Licensee’s account in the PayPal system or from the Licensee’s Visa, MasterCard card.
8.7.2 Payment of license fee may be charged automatically if the "Charge automatically" attribute is activated in the section "Settings" - "Tariffs and invoices" in the Licensee’s Account. In case of automatic payment, the funds will be written off from the Licensee’s credit card previously used for invoices’ payment. The Licensee’s credit card details are not stored in the Program, the Fondy company (payment partner) is responsible for such information storage.
8.7.3. The “Charge automatically” attribute is set to "Turn on" after the first successful payment of the invoice. The Licensee can change the attribute value in the section "Settings" - "Tariffs and invoices" in the Licensee’s Account.
8.7.4 When the Licensor receives information about the write-off of the funds from the Licensee's personal account or from the credit card, he sends the Licensee a notification of the invoice payment, and if needed, information about activation or prolongation of the validity period of the tariffs via email or via Application.
8.7.5. The Licensee shall not be entitled to make payments under the Agreement in favor of the Licensor from third party accounts without prior written consent of the Licensor.
8.8. In order to use the functions of the purchased Tariff, the Licensee has to exit the Program and log in again. A non-exclusive right to use the Program (non-exclusive license) is considered to be granted to the Licensee in full and in a proper manner after the first logging in of the Licensee into the Program upon activation of the chosen tariff.
8.9. If the Licensee refuses to use the Program after the beginning of the paid period of the chosen tariff’s usage, the Licensor does not refund the unused period.
8.10. The Licensor has the right to provide discounts for the Tariffs. The amount and validity period of the discount is established by the Licensor unilaterally and is informed to the Licensee by posting information on the Website and/or by sending the Licensee a mailing, direct letter or message.
8.11. The parties have agreed that a formal note of granting the non-exclusive license shall not be taken.
8.12 Extension of the tariffs’ period of validity. Automatic extension
8.12.1 The tariff is renewed for a new period (month or year for the "Premium" tariff and month for "Coach" and "Club" tariffs), if:
the Licensee is subscribed to the tariff;
all invoices for previous periods as per "Coach" and "Club" tariffs have been paid;
an invoice for the future period as per "Premium" tariff has been paid.
8.12.2. An invoice for a new period of the tariff’s usage is issued to the Licensee automatically if the Licensee has turned on an “Auto renewal” attribute for the selected tariff in the section "Settings" - "Tariffs and invoices" in the Licensee’s Account.
8.12.3. The “Auto renewal” attribute is set to “Turn on” mode for the re-subscribed tariff by default. The Licensee can manage the “Auto renewal” attribute in the section "Settings" in the Licensee’s Account.
8.12.4.If the “Auto renewal” attribute is turned off, then:
An invoice for a new period of the tariff’s usage as per the “Premium” tariff will not be issued, the tariff will be disabled upon the end of the paid period.
As per the “Coach” and “Club” tariffs, the tariff will be disabled on the 1st day of the month following the settlement one. The Licensee will be invoiced for the previous month.
9.1. The program, information, and materials available on the Website are provided "as is" and without any guarantees.
9.2. The Licensor, its employees, representatives, and partners hereby disclaim all warranties regarding the Program, 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:
the Program’s compliance with any requirements and expectations of the Licensee,
uninterrupted operation of the Program;
accuracy and reliability of any results that may be obtained when using the Program;
that the quality of any products, services, information, or other materials purchased or obtained by the Licensee via the Website or the Program will meet his expectations;
correction of any errors on the Website or in the Program.
9.3. The Licensee hereby agrees that the Licensor does not provide any medical advice on the Website.
Materials provided on the Website and in the Program published by the Licensor, other holders of the accounts or third parties 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.
9.4. If any questions regarding the Licensee’s health arise, the Licensee should contact his doctor or other healthcare providers. In case of an emergency, the Licensee 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 Licensee and the Licensor.
9.5. The Licensee hereby agrees that his sports trainings, based on which the materials that he publishes on the Website and in the Program are created, can pose significant risks of property damage, injury or death.
9.6. The Licensee voluntarily undertakes all known and unknown risks associated with these trainings, even if they are partly or fully caused by action, inaction or negligence of the Company, or by action, inaction or negligence of third parties. The User also agrees that the Company 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.
9.7. The User hereby exempts the Company, its employees, representatives and partners (hereinafter referred to as the "exempted parties") from any liability related to his sports trainings.
9.7.1. The User will not sue the exempted parties in relation to any complaints, actions, injuries, damages or losses associated with these trainings.
9.7.2. The User 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 by the User according to its intended purpose or not,
b) the use of the training plans and recommendations on the training plans’ execution created by the Company, other users of the Website and the Program,
c) the business relations between the Company and third parties, formulating recommendations through the Website or the Program,
d) the delay or inability to use the Website by the Licensee,
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.,
9.8 If the Licensee has grounds for receiving compensation from the Licensor, despite the above-stated disclaimer of warranties, the Licensee may receive compensation only for direct damages in the amount of no more than 500 (five hundred) Rubles. The Licensee cannot claim compensation for any other damages, including consequential, special, indirect or incidental damages, as well as lost profit damages
9.8.1. 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;
(б) 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.
9.8.2. 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.
10.1. This Agreement enters into force from the date of its acceptance and is valid until termination by the Parties. Regarding transfer of a non-exclusive license for the selected Tariff - during the period of validity of the chosen Tariff calculated based on the paid period of the tariff’s usage.
10.2. 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://trainwith.pro
10.3. Early termination of this Agreement can be done:
10.3.1 by mutual agreement between the Licensor and the Licensee. 10.3.2 unilaterally, at the initiative of the Licensor.
11.1. The effect of a non-exclusive license under the Agreement applies to all subsequent updates/new versions of the Program.
11.2. By accepting the terms of this Agreement, the Licensee confirms that he has legal grounds for processing the information belonging to him by means of the Program.
11.3. All issues not governed by this Agreement shall be resolved in accordance with the Legislation.
12.1. The Licensee or the Internet users who have complaints about the actions of the particular Licensee have the right to apply to the Licensor.
12.2. The complaint must be sent to the Licensor at the email address [email protected] with attached documents confirming the complaint (claims).
12.3. 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 Licensee, in respect of whom the complaint was received
12.4. The decision of the Licensor on the complaint is final.
The Licensor Limited Liability Company “Online fitness” the city of Kamyshin INN/KPP xxx/xxx OGRN xxx website: https://trainwith.pro e-mail: [email protected]