Russian Federation, the city of Kamyshin
LLC “Online fitness” offers any Internet user to use the Website located at the following address: https://trainwith.pro, according to the following Policy:
1.1. In this website use policy, unless the text directly implies otherwise, the following terms shall have the following meanings:
Company – LLC «Online fitness», INN (Taxpayer Identification Number) xxx, OGRN (PSRN, Primary State Registration Number) xxx.
User – any individual using the Website in any way, including visiting the Website.
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 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
Policy - this website use policy.
Parties - the User and the Company.
2.1. The Policy text, constantly located on the Internet at the following web address: https://docs.trainwith.pro/en/terms.html contains all conditions of the Website use and represents an offer from the Company to any User to use the Website according to the conditions stated in the Policy text.
2.2. It is deemed that the User has properly accepted the Policy conditions if he is using the Website, passing a link to the Website to the third parties and conducts other related actions.
2.3. From the moment the User starts to use the Website, he agrees with the Policy and undertakes to comply with it. The Policy acquires a legal effect in the matter of regulation of relations between the Parties from the moment the User starts using the Website.
2.4. The Policy is terminated when the User stops using the Website.
2.5. The Parties agree that the Company reserves the right to change the Policy unilaterally by posting the updated Policy text on the Internet at the following web address: https://docs.trainwith.pro/en/terms.html. The User agrees with the changes in the Policy by using the Website. If the User does not agree with the updated Policy version, he terminates using the Website. By using the Website, the User agrees that the Company has a right to transfer its rights and obligations under this Policy to third parties.
3.1. The Website is designed to provide access for the registered Users to the Program, as well as to provide information about the Program to the registered and unregistered users.
3.2. If the User decides to obtain access to the Program, he has to register in the Program and accept the License agreement (public offer) located at: https://docs.trainwith.pro/en/license.html
4.1. When the User starts to use the Website, he undertakes to familiarize himself with the current Policy version.
4.2. When using the Website, it is forbidden to:
4.2.1. In any way violate the provisions of the current legislation of the Russian Federation.
4.2.2. Mislead, discredit, abuse, pursue, threaten or in any other way infringe on the rights and freedom of the Website Users and/or third parties.
4.2.3. Publish or disseminate information or materials that is/are incorrect, harmful, obscene, unlawful, blasphemous, libelous, inappropriate, provoking interethnic or ethnic conflicts.
4.2.4. Publish information not complying with the legislation of the Russian Federation, advertising or provoking illegal activities, infringing on the Users’ or the third parties’ rights to intellectual property, agitation materials, spam, spread chain letters (messages with the requirement to transfer them to one or several users), financial pyramids models or calls to join them, any other obtrusive information, to describe or promote criminal activity, to post instructions or guidelines of how to conduct criminal activities.
4.2.5. Intentionally distribute different viruses, defective programs, Trojans, corrupted files, hoaxes and any other elements of destructive or misleading nature.
4.2.6. Use the Website in any harmful manner or in a way that can violate the normal functioning of the Website.
4.2.7. Advertise or encourage illegal actions.
4.2.8. Provide any private information of other Users or third parties without their personal consent.
4.2.9. Make any attempts to obtain an unauthorized access to any part or function of the Website or to any network connected to the Website.
4.2.10. Use any devices, programs or processes to interfere or try to interfere in the Website’s normal way of functioning and any operations performed on the Website, or in the use of the Website by any other person.
4.2.11. Use any automation devices, programs, algorithms, methods or any similar or equivalent manual processes to obtain access, purchase, copy or track any part of the Website, to reproduce or obtain access bypassing the existing navigation system, or to display the Website and any content and to obtain or try to obtain any materials, documents or information with the help of any means not provided on the Website.
4.2.12. Use the Website for any purposes violating the legislation of the country from which the User accesses the Website, or violating this Website use policy or the License agreement.
4.2.13. Publish, transfer, spread messages that may have criminal character or cause any harm to the Company.
4.2.14. Illegally collect or process personal data of other persons.
4.3. The Company has a right to block or limit access to any information published on the Website, without prior notice to the User and without explanation of the reasons.
4.4. The Company has a right to block the access of any User to the Website without prior notice to the User and without explanation of the reasons.
4.5. Only those Users who have reached the age of 18 years have a right to use the Website.
5.1. The Website contains information, including reports, data, applications, special offers, press releases, photos, graphics, texts, images, logos, icons, pictures, software, audio and video materials, trademarks, copyrights, other intellectual property rights and protected rights and other materials belonging to the Company, its affiliated persons and other related parties, sponsors, partners, representatives, all other persons acting on behalf of the Company, other Users and other third parties.
5.2. By using the Website, the User understands and agrees that the Content and the Content’s structure are protected by copyrights, trademarks and other intellectual property rights effective in Russia, Europe and other countries, and that the stated rights are valid and protected in all forms, on all carriers and in respect to all technologies, both now existing and developed or the ones to be created in the future. No rights to any content of the Website, including logos and other marks, are not passed to the User as a result of using the Website, unless otherwise agreed between the Parties.
5.3. Without prejudice to the generality of the foregoing, the User acknowledges that the Website contains trademarks, products, services, firm names, logos, intellectual property rights, protected rights and other third parties’ materials and that such rights belong to their respective owners. It is prohibited for the User to copy, modify, change, delete, supplement publish, transfer such objects of exclusive and personal non-property rights of third parties, and to create derivative works, produce or sell products that are based on them, reproduce, display or otherwise exploit or use such rights of the third parties without a direct permission granted by their owners.
5.4. If the User considers that any part of the Website content violates the User’s rights to the results of intellectual activity, the User shall submit to the Company at [email protected] a respective complaint containing information about:
5.4.1. the User’s rights and/or legitimate interests, violated by the relevant content which the User considers illegal, as well as the facts/circumstances that confirm that the User has such a right;
5.4.2. the kind of content that violates the User's rights;
5.4.3. the name of a particular object that violates the User's rights;
5.4.4. the address of the Website page where the content violating the User's rights has been found;
5.4.5. the time when the content was found.
5.5. Based on the results of processing of the complaint, received in accordance with the procedure provided in the clause 5.4 of this Policy, the Company may decide to satisfy the complaint and remove the content that violates the User's rights or find it invalid.
6.1. The program, information and materials available on the Website are provided "as is" and without any guarantees.
6.2. The Company, 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 Company, its employees, representatives and partners do not guarantee:
the Program’s and the Website’s compliance with any requirements and expectations of the Licensee;
uninterrupted operation of the Website;
accuracy and reliability of any results that may be obtained when using the Website;
that the quality of any products, services, information, or other material purchased or obtained by the Licensee will meet his expectations;
correction of any errors on the Website or in the Program.
6.3. The User 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.
6.4. The User 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.
6.5. 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.
6.5.1. The User will not sue the exempted parties in relation to any complaints, actions, injuries, damages or losses associated with these trainings.
6.5.2. 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 User,
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.
6.6 If the User has grounds for receiving compensation from the Company, despite the above-stated disclaimer of warranties, the User may receive compensation only for direct damages in the amount of no more than 500 (five hundred) Rubles. The User cannot claim compensation for any other damages, including consequential, special, indirect or incidental damages, as well as lost profit damages.
6.6.1. 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.
6.6.2. This restriction applies even if the Company 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.
8.1. The legal relationships resulting from the use of the Website are regulated by the Russian Federation laws. All the arising disputes are resolved on the basis of the Russian Federation laws.
8.2. The Parties will try to resolve by negotiations all the disputes, disagreements and claims that may be associated with the execution, termination or invalidation of this Policy or any agreement between the Parties, as well as any disputes arising from the use of the Website. In case of arising of claim and/or disagreement the Party shall send a message to the other Party indicating the claims and/or disagreements that have arisen.
8.3. The message specified in clause 8.2 of this Policy has to be sent by the User to the Company by e-mail to the following address: [email protected], and also by mail in writing as a registered letter with a return receipt. The message must contain the essence of the claim, evidence supporting it, as well as information about the User.
8.4. Within 15 (fifteen) working days from the receipt of the message specified in clause 8.2 of this Policy, provided that the message complies with the provisions of clause 8.3 of this Policy, the Party that has received it shall respond to this message.
8.5. In case if the reply to the message is not received by the Party that has sent it within 17 (seventeen) working days from the date it has been sent, or if the Parties do not reach an agreement on the arisen claims and/or disagreements, the dispute shall be referred to the Moscow City Arbitration Court.