Victor Terms of Use
Section 1. Subject Matter
These Terms of Use set forth the rules pertaining to the Users' use of the Application under the name “Victor”, including the rules concerning creation of an Account and cancellation of the Provider's Services.
Section 2. Definitions
For the purposes of interpreting these Terms of Use, the following definitions shall be used:
Account shall mean an account which may be created by the User in connection with the use of the Application, containing the User's Personal Data;
Agreement shall mean the legal relation binding the User and the Provider as part of which the Provider renders Services to the User;
Application shall mean the mobile application operating on Android and iOS that is downloadable by the User (via Google Play or App Store) to the User's Device, enabling the use of the functionalities and reading of the contents meant to assist the User in achieving or continuing a healthy lifestyle, including building and maintenance of healthy physical condition habits (e.g. step counting functionality, statistics pertaining to the number of steps, distance walked and kcals burned, health information and advice, etc.);
Device shall mean a cellphone (smartphone), tablet or any other similar telecommunications end device to which the User can download the Application for the purposes of using the Services;
GDPR shall mean the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;
Personal Data shall mean personal data as defined in the GDPR that have been provided by the User during the Registration for the purposes of using the Services, including in particular the User's e-mail address, name, weight, height, sex, date of birth, as well as data downloaded from Google Fit or Apple Health, such as the step count and distance walked;
Privacy Policy shall mean the document setting forth the rules of the Provider's processing of the data collected in connection with the operation of the Application, including in particular the rules for the processing of the Users' personal data, available at www.okvictor.com/prywatnosc;
Provider shall mean the entity which holds the rights to the Application and also the entity which will be providing the Users with Services enabling the use of the Application, i.e. Techmedfit Solutions Sp. z o.o., with its registered seat in Olsztyn, ul. Towarowa 20B, 10-417 Olsztyn, entered into the National Court Register kept by the District Court for Lublin-Wschód in Lublin, with its legal seat in Świdnik, 6th Commercial Division of the National Court Register, under KRS number 0000791028, with NIP [Tax Identification Number]: 7162826610, REGON [National Business Registry Number]: 383639700, e-mail: kontakt@okvictor.com;
Services shall mean the services rendered electronically by the Provider to the Users that enable the Users to use the Application and the functionalities available as part thereof;
Terms of Use shall mean these Terms of Use;
User shall mean the User of the Application entitled to use the Services who is a consumer as defined in the Civil Code, i.e. a natural person who concludes an Agreement with the Provider and uses the Provider's services for purposes that are not directly connected with the User's economic or professional activities.
Section 3. Application Download; Account; Agreement
1. The Application must be downloaded from Google Play or App Store in order to be used, with the stipulation that the download and use of the Application shall be free of charge.
2. In order to use the Application, the User must consent to the use of Google Fit SDK or Apple HealthKit data by the Application. The consent shall be voluntary and may be withdrawn at any time (by uninstalling the Application); however, a Google Fit SDK or Apple HealthKit connection is necessary for the Application to function properly and for the functionalities thereof, including, but not limited to, step counting and statistics creation, to be used.
3. For the purposes of using the Application, the User does not need to create an Account. However, creation of an Account enables saving of the User's Personal Data in the Provider's database and restoration thereof as needed, e.g. in the event that the User replaces his or her Device.
4. An Account may be created:
i. on Android – by using the User's e-mail address and a password selected by him or her;
ii. on iOS – by using the User's e-mail address, a password selected by him or her, and the *Sign Up with Apple* function.
5. An Account creation confirmation shall be sent at the e-mail address provided by the User. In the same manner, the Provider shall send to the User other messages connected with the use of the Application, such as password reminders, information on changes in the Terms of Use or Privacy Policy, information on the statistics, reminders and summaries, and similar messages connected with the use of the Application.
6. If the User agrees, marketing information and newsletters may also be sent at the User's e-mail address.
7. A Service Agreement shall be concluded between the Provider and the User when the User clicks on the ‘Install’ (or equivalent) banner on Google Play or App Store and accepts these Terms of Use.
8. For the purposes of using the Application, the User must own a Device with Internet access and an active e-mail account.
9. When providing Personal Data, the User shall be obliged to provide his or her real data, including in particular his or her e-mail address. The User may change his or her Personal Data at any time by logging into his or her Account.
10. The User should keep confidential and properly protect his or her Account login and password.
11. To the fullest extent permissible by law, the Provider shall bear no liability for any consequences of the User's provision of wrong or incomplete data, or for any consequences of a third person's use of the User's login and password.
12. The Provider's Services shall be rendered to the User for an indefinite period of time, until the User deletes the Application from his or her Device or until the Agreement is terminated.
13. The User may cancel the Services (terminate the Agreement) by deleting the Application from his or her Device and – in the case of Users who have registered – deleting his or her Account (both of the aforesaid elements must be deleted). The User shall be entitled to cancel the Services rendered by the Provider at any time and at no cost.
14. The Provider shall be entitled to terminate the Agreement with the User including the ability to use the Application for important reasons, such as the User's violation of the rules of using the Application.
Section 4. Fees
1. Use of the Application shall be free of charge.
2. Creation of the Account and cancellation of the Services shall also entail no payment by the User of any fees to the Provider.
3. As the use of the Services requires the transfer of data via the Internet, the User may be charged for the use of the Internet under an agreement binding him or her to the entity rendering Internet access services to him or her.
Section 5. Personal Data Protection
1. The Provider, i.e. **Techmedfit Solutions Sp. z o.o.**, with its registered seat in Olsztyn, ul. Towarowa 20B, 10-417 Olsztyn, entered into the National Court Register kept by the District Court for Lublin-Wschód in Lublin with its legal seat in Świdnik, 6th Commercial Division of the National Court Register, under KRS number 0000791028, with NIP [Tax Identification Number]: 7162826610, REGON [National Business Registry Number]: 383639700, e-mail: kontakt@okvictor.com, shall be the User's Personal Data Controller.
2. Other rules concerning the processing of the Users' Personal Data, including collection, storage and deletion thereof, as well as the User's rights connected with the Provider's processing of his or her Personal Data, have been set forth in *the Privacy Policy*.
Section 6. Termination of the Agreement
1. Irrespective of the User's rights to cancel the Services at any time, the User shall be entitled to terminate his or her Agreement concluded with the Provider without providing any reasons and without incurring any costs within 14 days from the effective date of the Agreement.
2. A declaration of termination may be sent at the Provider's e-mail address set forth herein.
3. The declaration of termination may read as follows: “*I, the undersigned, User of the Application Victor, holder of the e-mail address* kontakt@okvictor.com *hereby terminate my agreement for the use of the aforesaid Application.”*
4. The declaration of termination of the Agreement should be sent from the e-mail address provided by the User for the purposes of using the Application.
Section 7. Liability; Complaints
1. The Provider shall exercise due diligence so that the Application operates flawlessly.
2. In the event of any irregularities in the functioning of the Application or with regard to any other element of the Provider's Services, the User shall be entitled to lodge a complaint at kontakt@okvictor.com, describing the problem, and the Provider undertakes to analyse the problem and – if the User's comments are justified – to eliminate the same within a time limit dependent upon the complexity of the problem.
3. The Provider shall be obliged to investigate the User's complaint within no more than 14 days from receipt thereof and to send a reply at the e-mail address indicated by the User.
4. To the fullest extent permissible by the law, the Provider shall bear no liability for e-mail server administrators' blocking of the ability to send messages at the e-mail address indicated by the User or for deletion and blocking of e-mails by software installed on the Device.
5. The Provider shall reserve the right to temporarily suspend the availability of the Application, in particular in the event of expansion and installation of new versions thereof.
6. To the fullest extent permissible by the law, the Provider shall bear no liability for any disruptions, including interruptions, in the functioning of the Application, including for those caused by force majeure, unlawful actions of third persons, or incompatibility of the Application with the User's technical infrastructure, or by reasons attributable to the telecommunications service providers.
7. The Application operates on Devices with Android Lolipop or newer, or iOS 11 or newer installed; however, the Provider shall not warrant the ability to use the Application on any Device of the User.
8. The User shall be obliged to refrain from any actions which could potentially disrupt the proper functioning of the Application, in particular from interfering with the software ensuring the functioning of the Application or with the contents presented in the Application, as well as from providing any unlawful content.
9. The Application is meant for purposes described in the definition of the Application set forth in Section 2 hereof. If the User has any health problems – before setting the goals monitorable by the Application and before commencing realisation thereof – he or she should seek the advice of a physician. The Provider is unable (and unauthorised) to verify the User's health or physical condition and shall perform no such verification, nor shall it bear any liability for the correctness of the goals specified by the User in the Application, or for any other similar circumstances of the User.
Section 8. Final Provisions
1. The Provider shall retain any rights to the Application. The User shall be entitled solely to use the Application in accordance herewith, for non-commercial purposes.
2. The Provider shall reserve the right to amend these Terms of Use with effect for the future if so dictated by legal or technical circumstances, including the development of the Application, or if such amendment is justified for any other reasons.
3. The Provider shall notify the Users of any proposed changes hereto via an e-mail sent at the Users' addresses provided during Registration no later than 7 days prior to the planned entry into force of the amended Terms of Use.
4. The amended version hereof shall bind the User unless he or she cancels the Service prior to the entry into force of the new version hereof.
5. These Terms of Use may also be amended by means of the User's consent to the new version hereof proposed by the Provider.
6. For statistical purposes and in order to ensure the highest possible quality of the Services rendered, information saved by the server on the User's Device shall be used, which shall thereafter be read upon every connection by a web browser (so-called ‘cookies’). The User may at any time alter the browser settings so that the browser does not accept such files or does not notify him or her of sending thereof. Refusal to accept cookies may hinder the use of the Application. Any other rules pertaining to cookies have been described in *the Privacy Policy*.
7. Any disputes resulting from the legal relations between the User and the Provider shall be tried by the competent court in accordance with the generally applicable provisions of the applicable law, or – if so agreed upon by the Parties – by a body agreed upon by the Parties to examine disputes out of court.
8. To any matters not settled herein, the appropriate provisions of the Polish law, in particular the provisions of the Civil Code and the provisions of the Act on Consumer's Rights shall respectively apply.
9. These Terms of Use shall also constitute terms of electronic services, as required pursuant to the Act on Electronic Services.
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