Terms of use
These Terms were written in Russian (RUS). In case that any translated version conflicts with the Russian version, the Russian version prevails.
This document - User Agreement - represents an offer of the Limited Liability Company Rarus-Soft (hereinafter - the “Company”) to conclude an agreement on the conditions stated below.
1. General conditions
1.1. The company provides the right to an unlimited number of users to use the mobile app Fitness for tracking workouts at home and at the gym (hereinafter - Fitness, mobile app or Fitness app) under this User Agreement (hereinafter - the “Agreement”). The Agreement will enter into force on the date when the User agrees to these Terms in the manner specified in paragraph 1.3 of the Agreement.
1.2. The Fitness app is available for use under the conditions of subscription purchase. New users can try the app for free within a 7-day trial period. Subsequent deletion and repeat installation of the app does not grant a second-time right for a free 7-day trial period.
1.3. When a User starts using the Fitness app, he or she accepts the Terms of this Agreement in full, without any reservation or exception.
2. User registration. The rules of using the Fitness app.
2.1. The Fitness app doesn’t require a registration. We do not collect or share any Users’ personal information (personal data or data of financial transactions) without Users’ permission. At the request of the User, Fitness can pass the information to the cloud services, in which the User is registered (currently supported by Dropbox) for the backups and/or connection of synchronization functions. When information is stored in the cloud services, all data protection and handling are carried out in accordance with the rules and policies set by the administration of the respective cloud service. The application doesn’t collect or store any passwords from other services.
2.2. Personal information, provided by the User under this Agreement, is stored and processed by the Company according to the Terms of the Privacy Policy (https://www.1stgym.com/privacy).
2.3. Users may not reproduce, repeat, copy or duplicate, sell and resell as well as use Fitness for any commercial purposes, nor use some elements or parts of Fitness, or access to them for any above mentioned purposes.
2.4. Users are solely responsible for the third parties, for any actions which associate with the use of Fitness, including, if such action would lead to a violation of the rights and legitimate interests of third parties.
3. Access to the Fitness app.
3.1. To access the Fitness app after a free 7-day trial period, the User must purchase an annual subscription. The User pays for an annual subscription each year, not later than the last day of the year, in which the subscription period expired. The User pays the subscription fee set by the Company at the moment of purchase. Subsequent changes in the price of the subscription do not grant the User a right to claim a partial or full refund of the amount paid by the User for the subscription.
3.2. The price of subscription is set in local currency and is indicated by the Company in the relevant section of the Fitness app. Information on the current status and validity of the subscription is reflected in the User account on the iTunes Store or Google Play.
3.3. The User guarantees that he has the right to use a preferred method of payment for the subscription without violating the legislation of the Russian Federation. The Company is not responsible for any damage to third parties, caused as a result of the User not using his own funds for payment.
3.4. The User is obliged to follow the payment instructions on the procedures and methods of payment, including the rules of writing a message, including punctuation order, entry of uppercase and lowercase letters, numbers, and the input language.
3.5. The User independently and at their own expense must bear all costs associated with the transfer of funds, including fees, commissions and other payments.
3.6. The company does not provide refunds to the Users, if the User’s actions, that violated this agreement, led to the termination of access to the app, as well as if access to the app became impossible due to the fault of the User.
3.7. Purchase of the subscription in all cases means User’s consent to the order, scope and the terms of its provision.The subscription is considered to be given (extended), if not otherwise specified, once it is purchased by the User (by clicking “Buy”).
3.8. The subscription is offered by the Company for acquisition in the form, in which it’s available, and is provided by the Company at the time of purchase. However, no guarantees, express or implied, are not provided. The rules of the subscription use are determined by the provisions of the current Agreement, unless otherwise specified in the relevant paragraph.
3.9. The Company is obliged to take actions within its competence to resolve in the shortest time any technical failures and errors in providing access to the app in case of their occurrence, regardless of their causes. The Company does not guarantee the complete absence of technical errors and failures.
4. Intellectual rights.
4.1. All objects, which are available in the Fitness app, including the design elements, texts, graphics, Illustrations, video, computer programs, database, music, sounds and other objects (hereinafter – services content), as well as any content, including the Fitness app itself, are subject to the exclusive rights of the company or other copyright holders.
4.2. Use of Fitness is only permitted for personal, non-commercial purposes by running the functionality of Fitness. Use of the content, as well as any other items, is permitted only within the framework of the offered functionality. Fitness, the elements of the Fitness content, as well as any posted content, cannot be used in different ways without the prior permission from the Company or the right holder. Different ways in this context also mean copying, processing, dissemination on any basis, etc.
4.3. Use of Fitness, the elements of the content of the Fitness app, or any different content by the User for personal, noncommercial use is allowed provided that all signs of copyright, related rights, trademarks, other notifications about authorship, preservation of the name (or pseudonym) of the author/copyright owner, keeping the corresponding object unchanged remain intact.
5. No guarantee, limitation of liability
5.1. The Users use Fitness at their own risk. The Fitness app is provided “as is”. The company does not assume the responsibility, including whether the functions of the application match the User’s goals.
5.2. The Company does not guarantee that the Fitness app meets or will meet the User's requirements; or the results that may be obtained from using Fitness will be accurate and reliable and can be used for any purpose.
5.3. The Company does not assume the responsibility for any damages that occurred because of the User using Fitness or any function of the Fitness app.
5.4. The Company is not responsible for the accuracy of the User executing the conditions of payment for the subscription, including for any financial losses incurred due to circumstances beyond the control of the Company.
5.5. The Company is not responsible for any failure in providing the access to the app for whatever reason beyond the Company’s control, including disruption of communication lines, equipment failure, failure of suppliers of certain services, etc.
5.6. The aggregate liability of the Company under the provision of the access to the app is in any case restricted by the funds, transferred by the User to the Company’s account.
5.7. The company is exempt from liability for the violation of the Terms of the User agreement, if such a breach caused by circumstances of insuperable force (force majeure), including: the actions of public authorities, fire, flood, earthquake, other natural actions, lack of electricity and/or failures of the computer network, strikes, civil commotion, riots, any other circumstances, without limitation which may affect the provision of the access.
6. Period of validity, termination of the agreement.
6.1. This agreement will enter into force at the time of acceptance thereof by the User and will be valid for a period of twelve (12) months. This agreement is automatically renewed every twelve (12) months, if it is not terminated at the initiative of any party by one party sending a written notice to the other party's address. In case of termination of the Agreement in the described order, the Company does not issue a refund to the User and does not provide compensation.
6.2. This Agreement may be changed by Company unilaterally, without any notice; the new version of the Agreement comes into force from the date of its posting on the Internet at the following address (https://docs.google.com/document/d/1utMwh1C-TQgKYtf_uzqmEIrbhTpvjfmh-xFFqO1eitY/pub), unless otherwise provided for in the new version of the Agreement. The User is solely responsible for watching out for updates of the current version of the Agreement.
6.3. The User may not Use Fitness, if he does not agree with the amendments made to the Agreement. In this case, the User has the right to terminate the Agreement unilaterally within ten (10) calendar days after the publication of the changes made to the Agreement, or the new edition of the Agreement by giving notice of termination to the Company via email. If during the above period of ten (10) calendar days the User didn’t express a desire to terminate this Agreement, the User will be deemed to have accepted the terms and conditions of this Agreement, taking into account any changes. Upon termination, the User discontinues the use of Fitness. The parties agree that the Company does not return any funds or provide other reimbursements, including for losses of any kind.
6.4. The Company may terminate this Agreement at any time out of court with the discontinuation of access to Fitness.
7. Other conditions.
7.1. This Agreement is the agreement between the User and the Company regarding the use of the Fitness app.
7.2. All currently existing services of Fitness, as well as any development or development of new services is the subject of this Agreement.
7.3. This Agreement will be governed by and construed in accordance with the legislation of the Russian Federation. Issues not regulated by this Agreement, will be settled in accordance with the legislation of the Russian Federation. All possible disputes arising from relations governed by this Agreement will be settled in the manner prescribed by the current legislation of the Russian Federation and according to the norms of Russian law.
7.4. Inaction on the part of the Company in the case when Users violate the terms of the Agreement does not preclude the Company the right to take appropriate action to protect their interests later on, as well as it does not imply that the Company waives its rights in the event of such subsequent or similar violations.
8. Invoice details of the Rarus-Soft LLC.
Rarus-Soft LLC
TIN 7725118524, RRC 772801001, RCBO 17076007
Legal address: 117036, Moscow, Dmitriy Ulyanov st, 9/11, bldg.2, ground floor, room 1B
Address for correspondence hereunder: 127434, Moscow, mailbox 123
a/c 40702810500000077122 at the Branch office 7701 of VTB PJSC,
c/a 30101810345250000745, BIC 044525745
Address for correspondence hereunder: 127434, Moscow, mailbox 123
a/c 40702810500000077122 at the Branch office 7701 of VTB PJSC,
c/a 30101810345250000745, BIC 044525745