Sportovia

TERMS AND CONDITIONS OF OPERATION AND USE OF THE SPORTOVIA.COM WEBSITE AND THE SERVICES AND APPLICATION PROVIDED BY SPORTOVIA.COM

The SPORTOVIA.COM website (the Website), and the applications, software and services available thereon, have been created in order to promote a healthy lifestyle and offer services and functionalities which may be helpful in achieving your sports goals, as well as maintaining a proper, healthy diet.
The Website has been designed for users who are at least 13 years of age. If you are under 13, do not use the Website.
Creating an Account and accessing the Website and the application available on the Website in order to independently plan and implement training activities and view training history is, and always will be, free.
The Website Owner protects the privacy of Website users (the Users) by abiding by the applicable personal data protection regulations. Users' data are not disclosed to unauthorized parties.
A User shall mean a natural person who is at least 13 (thirteen) years of age, has registered on the Website by creating an Account, has accepted the Terms and Conditions, Privacy Policy, and Cookie Policy, and has the possibility to use the Website, as well as the services, application or software made available thereon.
A Coach shall mean a User who uses the "Sportovia Coach" Application Module and supervises the preparation of an Athlete or Team for training, or helps them create a diet plan. A Coach may also be an Athlete.
The term "Athlete" shall mean a User who uses the "Sportovia" Application Module. An Athlete may also be a Coach.
The term "Team" shall mean a group consisting of more than one Athlete.
The term "Team Administrator" shall mean an Athlete who has created a Team and administers it.
Only the User and their Coach shall have access to information such as: schedules of training or competitions, and meals.
The User themselves is responsible for the proper preparation and implementation of training activities, and, in particular, for choosing the right forms of physical activity (e.g. exercise), adjusting these forms of activity (in particular their type, intensity and frequency) to their current health status, contacting appropriate medical specialists and obtaining appropriate recommendations, diagnoses and guidelines, as well as selecting the right environment in which the training activities are to be prepared and implemented.
At all times, the User prepares and implements training activities at their own risk and may be held legally liable in connection therewith, and should be aware of the possibility of damage to or loss of the equipment used for the preparation or implementation of training activities (e.g. mobile devices).
Should an Athlete, Team or Team Administrator use the services provided by a Coach, such services shall be provided on the basis of an agreement concluded exclusively between said parties, and under no circumstances should the Website Owner be treated as a party to such an agreement or an entity undertaking to deliver a particular service through a third party. The Website Owner shall not be liable for the execution of mutual rights, obligations and liabilities which exist, or which may arise between, Athletes, Teams, Team Administrators, and Coaches.
The food products suggested for consumption, as well as their combinations, including their quantity and calorific value, are always presented on the Website with the assumption that they will be consumed by healthy persons, not suffering from any food allergies or intolerance, or any other diseases, ailments, etc.
If you do not accept any of the provisions of the Terms and Conditions, Privacy policy or Cookie Policy, do not use the Website and do not download the application or software provided by the Website.
The Website Owner operates under the provisions of Polish law. Any disputes shall be settled by a competent Court of Law in the Republic of Poland. The Terms and Conditions, Privacy Policy and Cookie Policy are available at www.sportovia.com/terms | www.sportovia.com/policy | www.sportovia.com/cookies
The Website is owned by SPORTOVIA spółka z ograniczoną odpowiedzialnością, with its registered office in Poznań (address: ul. Poznańska 62/21, 60-853 Poznań, Poland), entered into the Register of Entrepreneurs of the National Court Register, entry No. KRS 0000441147 (court of registration: District Court for Poznań - Nowe Miasto and Wilda in Poznań, 8th Department for Business Affairs of the National Court Register); share capital: PLN 5,000.00, NIP [Tax Identification No.]: PL 7811881765, REGON [Statistical Business No.]: 302282275.

PREAMBLE

ALL PERSONS WISHING TO USE THE FUNCTIONALITIES OF SPORTOVIA.COM OR DOWNLOAD AND USE THE APPLICATION OR SOFTWARE PROVIDED BY SPORTOVIA.COM MUST FIRST ACCEPT THE PRESENT TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS IN WHOLE OR IN PART, DO NOT USE SPORTOVIA.COM AND DO NOT DOWNLOAD OR USE THE APPLICATION OR SOFTWARE PROVIDED BY SPORTOVIA.COM.THE SPORTOVIA.COM WEBSITE AND ITS SERVICES, APPLICATIONS AND SOFTWARE HAVE BEEN CREATED FOR USERS WHO ARE AT LEAST 13 YEARS OF AGE AND WHO ARE NOT TOTALLY INCAPACITATED. IF YOU ARE UNDER 13 OR ARE TOTALLY INCAPACITATED, DO NOT USE SPORTOVIA.COM OR THE SERVICES, APPLICATION, OR SOFTWARE PROVIDED BY SPORTOVIA.COM – OTHERWISE YOU WILL VIOLATE THE PRESENT TERMS AND CONDITIONS.
BY REGISTERING ON THE SPORTOVIA.COM WEBSITE, THE USER DECLARES AND WARRANTS THAT THEY ARE AT LEAST 13 YEARS OF AGE, THEY ARE NOT TOTALLY INCAPACITATED, AND THEY HAVE OBTAINED THEIR PARENT'S OR LEGAL GUARDIAN'S CONSENT TO REGISTER. USERS WHO ARE OVER 13 BUT UNDER 18 YEARS OF AGE SHOULD READ THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY WITH THEIR PARENTS OR OTHER LEGAL GUARDIANS, TO ENSURE THAT BOTH THE USERS AND THEIR PARENTS OR LEGAL GUARDIANS HAVE READ THE ENTIRE CONTENTS OF THE TERMS AND CONDITIONS AND THE PRIVACY POLICY, AND THAT THEY ACCEPT THEM IN WHOLE. BY ACCEPTING THESE TERMS AND CONDITIONS, OR CONSENTING TO THEIR ACCEPTANCE BY THEIR CHILD WHO IS OVER 13 BUT UNDER 18 YEARS OF AGE, THE PARENTS OR OTHER LEGAL GUARDIANS CONFIRM THAT THEY HAVE READ THE ENTIRE CONTENTS OF THE TERMS AND CONDITIONS AND THE PRIVACY POLICY AND HAVE UNDERSTOOD THEM IN WHOLE, AND THAT THEY CONSENT TO THE USE OF THEIR CONTENTS IN WHOLE, AND CONSENT TO THEIR CHILD'S USE OF THE SPORTOVIA.COM WEBSITE ALONG WITH THE SERVICES, APPLICATION, SOFTWARE AND OTHER FUNCTIONALITIES PROVIDED BY THE WEBSITE, AND THAT THEY ACCEPT RESPONSIBILITY FOR THE ACTIONS OR OMISSIONS OF THEIR CHILD, AND, IN PARTICULAR, FOR THE DAMAGE CAUSED BY THEIR CHILD, ALONG WITH ANY OTHER RESPONSIBILITY WHICH THE CHILD OR THE PARENTS (OR OTHER LEGAL GUARDIANS) MAY HAVE. THE ABOVE PROVISIONS CONCERNING THE READING, UNDERSTANDING AND ACCEPTANCE OF THE PRESENT TERMS AND CONDITIONS AND THE PRIVACY POLICY, AND CONCERNING RESPONSIBILITY, SHALL ALSO APPLY TO PERSONS WITH A LIMITED LEGAL CAPACITY WHO ARE AT LEAST 18 YEARS OF AGE, AND TO THEIR STATUTORY REPRESENTATIVES (PARENTS, GUARDIANS, ETC.)

§ 1. INTRODUCTORY PROVISIONS

1. The SPORTOVIA.COM website and the applications, software and services available thereon have been created in order to promote a healthy lifestyle and offer services and functionalities which may be helpful in achieving your sports goals, as well as maintaining a proper, healthy diet. The SPORTOVIA.COM website has been designed for users who are at least 13 years of age.
2. The present document specifies the terms and conditions of operation and use of the SPORTOVIA.COM website, all its linked sites, all the services offered by SPORTOVIA.COM, and all the mobile applications and software provided by SPORTOVIA.COM, either directly via the SPORTOVIA.COM website or using other distribution channels.
3. The present terms and conditions set out the rights and obligations of the users of SPORTOVIA.COM and the applications and software provided by SPORTOVIA.COM, as well as the rights, obligations and responsibilities of the administrators of SPORTOVIA.COM.
4. The SPORTOVIA.COM website is operated by:
SPORTOVIA spółka z ograniczoną odpowiedzialnością, with its registered officein Poznań (address: ul. Poznańska 62/21, 60-853 Poznań, Poland), entered into the Register of Entrepreneurs of the National Court Register, entry No. KRS 0000441147 (court of registration: District Court for Poznań - Nowe Miasto and Wilda in Poznań, 8th Department for Business Affairs of the National Court Register); share capital: PLN 5,000.00, NIP [Tax Identification No.]: PL 7811881765, REGON [Statistical Business No.]: 302282275, operating under the law of the Republic of Poland.

§ 2. DEFINITIONS

The following terms used herein shall have the meanings defined below:
1. Website – the SPORTOVIA.COM website operating at http://sportovia.com.
2. Application – a smart IT tool enabling the use of a platform for the implementation of individual training plans, designed to support Athletes and Coaches of different amateur or semi-professional sports, which is commercially marketed under the trade names: "Sportovia" and "Sportovia Coach", also in combination with the Diet Module of the Application. Whenever the term “Website” appears in this document, it should be understood to also include the Application.
3. Module – functional components of the Application bearing the trade names "Sportovia" and "Sportovia Coach", as well as the Diet Module of the Application, designed for creating training plans and training plans combined with optimal diet (nutrition) plans, taking into account the individual parameters specified by the User and their current training and diet cycle.
4. Sportovia – a Module of the Application, i.e. its functional component intended for use by Users who are not Coaches.
5. Sportovia Coach – a Module of the Application, i.e. its functional component intended for use by Application Users who are Coaches.
6. Diet Module – a Module of the Application, i.e. its functional component intended for use by Users who are not Coaches, enabling them to create diet (nutrition) plans, taking into account the individual parameters specified by them.
7. Software – the software used or provided by the Website Owner to ensure the proper operation of the Website. The Software is part of the Application.
8. Services – those services and functionalities which may be used by the User as part of the operation of the Website, Application and Software.
9. Terms and Conditions – the present document, setting out the terms and conditions of operation and use of the Website, Application, Software and Services, as well as the rights, obligations and responsibilities of the User and the Website Owner.
10. Privacy Policy – a document which, in particular, explains what personal data of the Users are collected by the Website, and sets out the terms and conditions of the processing of personal data, i.e., in particular, the terms and conditions and the purpose of their collection, storage and use, and which specifies the administrator of the data. The Privacy Policy is available at www.sportovia.com/policy.
11. Cookie Policy – an information document, specifying the manner, scope and purpose of storing, accessing, and processing, by the Website Owner, of the information stored automatically in the form of small text and numerical files ("cookies") on the terminal equipment of the User as part of their use of the functionalities of the Website, as well as setting out the rights and obligations of the User arising out of, or related to, the use of cookies by the Website. The Cookie Policy is available at www.sportovia.com/cookies.
12. Website Owner or Owner – the entity which has exclusive rights to the Website, Services, Application (including its individual Modules), and Software. The Website is owned by SPORTOVIA spółka z ograniczoną odpowiedzialnością, with its registered office in Poznań (address: ul. Poznańska 62/21, 60-853 Poznań, Poland), entered into the Register of Entrepreneurs of the National Court Register, entry No. KRS 0000441147 (court of registration: District Court for Poznań - Nowe Miasto and Wilda in Poznań, 8th Department for Business Affairs of the National Court Register); share capital: PLN 5,000.00, NIP [Tax Identification No.]: PL 7811881765, REGON [Statistical Business No.]: 302282275.
13. Administrator – a natural person acting on behalf of the Website Owner, who is responsible for the proper operation of the Website, Application, Services and Software, and is authorized to take any factual and legal actions necessary to ensure the proper operation of the Website, Application, Services and Software on behalf of the Website Owner. The Administrator's e-mail address is: mobile@sportovia.com.
14. User – a natural person who is at least 13 (thirteen) years of age, has registered on the Website by creating an Account, has accepted the Terms and Conditions, Privacy Policy, and Cookie Policy, and has the possibility to use the Website, Services, Application or Software.
15. Coach – a User who uses the “Sportovia Coach” Application Module and supervises the preparation of an Athlete or Team for training, or helps them create a diet plan. A Coach may also be an Athlete.
16. Athlete – a User who uses the “Sportovia” Application Module. An Athlete may also be a Coach.
17. Team – a group consisting of more than one Athlete.
18. Team Administrator – an Athlete who has appointed a Team and administers it.
19. Account – a database containing information about the User, and, in particular, the identification data of the User, enabling the User to use the Website, Services, Application and Software. The Account also includes all the data, works, and, in particular, image, materials, studies, locations, information or comments posted by the User on the Website. The Account is created and maintained free of charge, however, full access to certain functionalities of the Website, Application Modules, Services or Software may be subject to an appropriate fee, as described in the present Terms and Conditions.
20. Store – jointly and separately – official channels of commercial distribution of the Application for the iOS, Android and Windows Phone operating systems (as of the date of the present Terms and Conditions, these are: Apple App Store, Google Play and Windows Phone Store).
21. Avatar – a graphic symbol which identifies the User.

§ 3. TECHNICAL REQUIREMENTS

1. In order to be able to use the Website, the User is required to posses a device enabling Internet access and data transmission (e.g. a desktop computer, laptop, smartphone, or tablet computer), complete with an Internet browser accepting cookies and e-mail accounts (with the exception of so-called temporary e-mail addresses), subject to § 3, Section 2 hereof. If the User uses a mobile device (e.g. a smartphone or tablet computer), this device should be equipped with any of the following operating systems – iOS version 7.0 or newer, Android, version 10 or newer, Windows Phone version 7.0 or newer.
2. The use of viruses, bots, worms or other computer codes, files or programs (in particular those which automate the processes of scripts and applications as well as of other codes, files or tools) within the framework of the Website or Application is prohibited. Any attempts to decompile, reverse engineer or discover the source code of the Website or Application are strictly prohibited.
3. The User should be aware of the fact that the use of software such as Adblock Plus or Flashblock may adversely impact the functionality of the Website or Application, or make the use of the Website or Application completely impossible.

§ 4. DISCLAIMER

1. In order to be able to use the Website, Services, Application (including any of its Modules), and Software, the User must first read, accept and abide by the Terms and Conditions, Privacy Policy and Cookie Policy, as well as create an Account.
2. The Website, Application (including all its Modules), and Software are all protected by law. In particular, the names of the Website and Application (and of the individual Modules of the Application), logos (and trademarks), databases, the layout and concept of the Website and Application, as well as the content, concept and layout of all documents used within the framework of the Website, to which the Website Owner has rights, are protected by law.
3. The content posted on the Website is available to Users who hold an Account. Full access to certain Modules and functionalities of the Application or Software may depend on the payment of an appropriate fee by the User holding an Account, as described in the present Terms and Conditions.
4. By registering on the Website or using the Website, Application, Services or Software, the User, as well as any other person who is not a User but actually performs the activities referred to above, declares that they are aware of, understand and accept the fact that the preparation or implementation of training activities or diet plans may carry the risk of health impairment, and, in particular, of personal injury or bodily damage, illness, damage to property, and in extreme cases – death. The User themselves is responsible for the proper preparation and implementation of training activities, and, in particular, for choosing the right forms of physical activity (e.g. exercise), adjusting these forms of activity (in particular their type, intensity and frequency) to their current health status, contacting appropriate medical specialists and obtaining appropriate recommendations, diagnoses and guidelines, as well as selecting the right environment in which the training activities are to be prepared and implemented. The Website Owner warns that any information on training routes and sites, and, in particular, on their course, length, actual passability, or on individual locations, included in the content of the Website, Application, Service or Software by the Website Owner, should always be treated as guidelines only, and before using such data for the preparation or implementation of training activities, the User should verify their correctness, quality, reliability, functionality or actual usefulness. As such, when using such data obtained via the Website, Application, Services or Software, the User or third parties are required to exercise due diligence, prudence and foresight when selecting a particular route or location, and when traveling along such routes or traveling to or between such locations. In particular, the User or third parties are required to comply with applicable laws, especially with traffic regulations, plan the details of traveling along routes and to or between locations in person, check the actual availability or passability of the routes and identify any obstacles to traffic. At all times, the User prepares and implements training activities at their own risk and may be held legally liable in connection therewith, and should be aware of the possibility of damage to or loss of the equipment used for the preparation or implementation of training activities (e.g. mobile devices).
5. The User acknowledges, understands and accepts the fact that the Website Owner does not provide medical, training or diet advice. It is recommended that the User, at the right time and place, consult an appropriate medical specialist, nutritionist or coach whenever preparing and implementing training activities, and, if needed, ensure the availability of said persons to the User to the extent required by the User. Diet plans and food products suggested for consumption, as well as combinations of such products are created by the User based on the parameters individually specified or selected by them. The food products suggested for consumption, as well as their combinations, including their quantity and calorific value, are always presented on the Website with the assumption that they will be consumed by healthy persons, not suffering from any food allergies or intolerance, or any other diseases, ailments, etc. In any case, before creating or using a diet plan suggested by the Website, the User should consult an appropriate medical specialist or nutritionist, and develop and follow a diet adapted to their current state of health.
6. The User cannot transfer any rights resulting from the ownership of the Account onto a third party without the prior express consent of the Website Owner, which may also be given by the Administrator.
7. The Website Owner warrants that they make every possible effort to ensure the faultless and uninterrupted operation of the Website, Application, Services and Software. However, due to the ongoing work aimed at developing the functionalities of the Website, Application, Services or Software, the Website Owner warns that possible temporary interruptions in the operation of the Website, Application, Services or Software may arise in relation to the necessary development, modernization, maintenance or repair work, as well as unforeseen failures or technical errors. Whenever possible, the User shall be notified of the planned interruptions in the operation of the Website, Application, Services or Software, and the necessary work will be carried out at night, in a manner which preserves the functionality of the Website, Application, Services or Software to the greatest extent possible. The Website Owner shall decide on any possible refunds on a case-by-case basis, taking into account, in particular, the type and duration of interruptions and the scale of the possible negative impact of the interruptions which occurred. Without prejudice to the above provisions, the Website Owner declares that on any day of the week, between 2:00 and 05:00 a.m. (local time in the Republic of Poland), maintenance work resulting in a temporary limitation of the access to or unavailability of the Website, Application, Services or Software may be carried out, to which the User consents by accepting the present Terms and Conditions.
8. The Website Owner does not guarantee the actual usefulness and effectiveness of the Website, Application, Services or Software for the purpose of achieving the training or diet objectives of the User. The Website, Application, Services and Software are designed to assist the User in the preparation and implementation of training activities, however, the User should be aware of the fact that the achievement of desired objectives or results depends primarily on their personal aptitude and willpower. When selecting the training or diet parameters, the User should first and foremost be guided by common sense and set achievable goals.
9. The Website Owner is not required to prepare, supervise, control, adjust, coordinate, implement, instruct, or perform any other activities related to the preparation or implementation of training activities, outside the functionalities offered directly by the Website, including the Application. In case of doubt, under no circumstances should the Website Owner be regarded as the organizer of the competitions, training sessions or other events in which the User takes part, or the Application, Services or Software are used.
10. The Website Owner reserves the right to remove from, or not include in, the content of the Website, Application, Services or Software, any data, works, and, in particular, image, materials, studies, locations, information or comments posted by the Users or planned to be posted by the Users on the Website or in the content of the Application, Services or Software, if such posting or planned posting violates the present Terms and Conditions, Privacy Policy or applicable laws. The Website Owner recommends that the Users do not post on the Website or in the content of the Application, Services or Software any data, works, and, in particular, any image, materials, studies, locations, information or comments, without saving a backup copy thereof, allowing them to access such information in the future.
11. Through the Website, Application, Services or Software, the Website Owner provides access, inter alia, to the automated platform for establishing cooperation between Athletes, Teams or Team Administrators, and Coaches. Should an Athlete, Team or Team Administrator use the services provided by a Coach, such services shall be provided on the basis of an agreement concluded exclusively between the said parties, and under no circumstances should the Website Owner be treated as a party to such an agreement or an entity undertaking to deliver a particular service through a third party. The Website Owner shall not be liable for the execution of mutual rights, obligations and liabilities which exist, or which may arise between the Athletes, Teams, Team Administrators, and Coaches. The Athletes, Teams, Team Administrators and Coaches shall cooperate with one other at their own risk, and shall bear the responsibility related thereto, provided for by the law.
12. The Website Owner reserves the right to send the Users unsolicited messages containing information directly related to the operation of the Website (e.g. changes in operation) or system messages (e.g. messages concerning the interruptions in the operation of the Website).

§ 5. REGISTRATION ON THE WEBSITE

1. The use of the Website, Application, Services or Software is voluntary.
2. Access to the Website, Application, Services or Software is free of charge or paid, depending on the scope and functionalities of the Website, Application, Services and Software which the User intends to use. Creating an Account and accessing the Website and Application in order to independently plan and implement training activities and view training history is, and always will be, free.
3. In order to be able to use the functionalities of the Website, Application, Services or Software, the User has to create an Account by registering on the Website at www.sportovia.com or via one of the Application Modules, i.e. Sportovia (for the Users who are Athletes) or Sportovia Coach (for the Users who are Coaches), and has to accept the Terms and Conditions, Privacy Policy, and Cookie Policy, if they did not accept them during previous visits to the Website.
4. The User should register by filling out the registration form. Upon receipt of a properly filled-out registration form, the Service Owner shall create a unique Account for the User. In the registration form, the User should provide their username or e-mail address, password and other information in accordance with the Privacy Policy, and accept the present Terms and Conditions and the Privacy Policy. During the registration process, the User is required to provide current and accurate information. The same User, using a single username and password, can be an Athlete, a Team Administrator and a Coach.
5. The User can access their Account using their username or e-mail address and the password provided during the registration process.
6. Upon registration, an agreement of indefinite duration for the provision of electronic services is concluded between the User and the Website Owner. The User has the right to terminate the agreement for the provision of electronic services concluded with the Website Owner at any time and with immediate effect, by deleting their Account.
7. The User, who is a consumer within the meaning of applicable laws, is entitled to terminate the agreement referred to in § 5, Section 6 hereof, within 14 (say: fourteen) days of the date of conclusion of the agreement, unless the User consents to the commencement of the provision of the Services by the Website (Website Owner) before the expiry of said period. If the User starts using the Website, including the Application, before the expiry of the period of 10 (say: ten) days, it is assumed that the User has given their consent to the commencement of the provision of the Services by the Website Owner.
8. The notice of termination of the agreement, referred to in § 5, Section 7 hereof, should be made in writing and sent to the address of the Website Owner indicated in § 1, Section 4 hereof; it may also be submitted electronically via e-mail and sent to the electronic address of the Administrator.
9. A registered User holding an Account becomes a logged-in User of the Website or Application upon entering the correct username or e-mail address and password.
10. The User may add an Avatar to their Account, i.e. a graphic image which represents the User. The Administrator and the Website Owner reserve the right to remove the Avatar, should it contain any content which is illegal, inconsistent with the present Terms and Conditions and the Privacy Policy, or immoral.
11. By registering on the Website the User confirms that:
a) they have read the entire content of the Terms and Conditions, they understand it and accept it in whole, without any exceptions or reservations;
b) they have read the entire content of the Privacy Policy, understand it and accept it in whole, without any exceptions or reservations;
c) they have read the entire content of the Cookie Policy, understand it and accept it in whole, without any exceptions or reservations.
12. The User may change their details, including their username /e-mail address and password to the Account, at any time.

§ 6. TERMINATION OF THE AGREEMENT

1. The agreement of indefinite duration for the provision of electronic services, concluded upon registration on the Website, may be terminated by deleting the User's Account by the Administrator at the request of the User (voluntarily) or due to the User's breach of the provisions of the present Terms and Conditions, the Privacy Policy or applicable laws (compulsorily). The User can also delete their Account themselves under 'User Settings'.
2. The User whose account has been deleted due to violation of the provisions of the present Terms and Conditions, the Privacy Policy or applicable laws, cannot open a new Account without the prior consent of the Administrator or the Website Owner.
3. In case of violation of these Terms and Conditions, the Privacy Policy or applicable laws, the Administrator or the Website Owner shall first – in cases not requiring immediate intervention – urge the User to cease violation or delete illegal data, works, and, in particular, image, materials, studies, locations, information or comments. If the actions taken by the Administrator or the Website Owner do not stop the violations committed by the User, the Account shall be blocked for the purpose of clarifying the matter, and may be subsequently removed (in justified cases).
4. The Administrator or the Website Owner have the right to ask the User to present valid identification documents in case of any doubt regarding the personal data of the User, and, in particular, the User's age. Should the User fail to present the documents referred to in § 6, Section 4, sentence 1 hereof in the manner specified by the Administrator or the Website Owner and within the deadline specified by them, but no shorter than 21 (say: twenty one) days, the Administrator or the Website Owner shall have the right to block the User's Account to clarify the matter, and subsequently delete it, if the doubts concerning the User's age prove to be justified, or if the matter has not been clarified within a period of at least 90 (ninety) days of the date of delivery of the request to present the relevant documents by the User, for reasons attributable to the User.
5. Should the User fail to accept the new, supplemented, amended or revised provisions of the Terms and Conditions or Privacy Policy as specified herein, the agreement for the provision of electronic services concluded between the User and the Website Owner shall be terminated upon the expiry of the deadline for accepting such amendments or supplements by the User, and the Administrator or the Website Owner shall have the right to delete the User's Account, with the User retaining the rights acquired for consideration until the end of the accounting period (subscription period) for which the User acquired such rights, in accordance with the provisions of and to the extent described in the present Terms and Conditions.

§ 7. RIGHTS AND OBLIGATIONS OF THE USER

1. By posting content (including any data, works, and, in particular, image, materials, studies, locations, information or comments) on the Website, the User consents to its use by the Website Owner as described in the present Terms and Conditions, the Privacy Policy and applicable laws.
2. The User acknowledges that they may be held liable under civil or criminal law to the Website Owner or third parties for the posting on the Website of any data or works, and, in particular, image, materials, studies, locations, information or comments, the posting of which is prohibited by law.
3. By posting any data and works, and, in particular, image, materials, studies, locations, information or comments on the Website, the User declares that they own appropriate rights or titles, and, in particular, the copyright and related rights, to all the data and works, and, in particular, image, materials, studies, locations, information or comments posted by the User on the Website, and that within the scope of such rights the User can use the said data, works, and, in particular, image, materials, studies, locations, information or comments by posting them on the Website.
4. The User can delete their Account at any time without providing any reasons.
5. Subject to the provisions of § 7, Section 6 hereof, the User is prohibited from using the Account for the purpose of promoting, advertising, or marketing any products or services.
6. The Users who are Coaches can use their Accounts to promote their services, but only to the extent to which other Users can view their Accounts via the Website (including the Application), and only for the purpose of conducting activities directly related to the operation of the Website (including the Application).

§ 8. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

1. By posting any data, works, and, in particular, image, materials, studies, locations, information or comments on the Website (also via the Application), the User grants the Website Owner a royalty-free, non-exclusive, unlimited-in-space, limited-in-time-to-the-period-of-ownership-of-the-Account-by-the-User license and permission to use said data, works, and, in particular, image, materials, studies, locations, information or comments, especially those which can be classified as works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws of 2006, No. 90, Item. 631, as amended) or other laws, the rights or titles to which are held by the User directly or on the basis of agreements concluded with third parties, within the fields of exploitation specified in § 8, Section 2 hereof. The Website Owner shall use the rights under the license referred to in § 8, Section 1, sentence one hereof exclusively for purposes related to the conduct, maintenance, development and promotion of the Website or its shutdown. The User's image, if made available by the User, shall be used by the Website Owner for the purpose of maintaining the Account.
2. The fields of exploitation referred to in § 8, Section 1 hereof include, in particular:
a) use, recording, distribution (especially on the Internet), reproduction (using all available techniques, including printing, reprography, magnetic recording, digital reproduction, photocopies, etc.), changing, modifying, supplementing, deleting, for any purpose, including, without limitation, hosting, maintenance, servicing or development of the Website, rental, lease, granting use of, promotion, advertising, restoring to original state;
b) and, in case of doubt: recording and storing in computer memory or with the use of any other electronic medium, as well as use, distribution, reproduction, changing, modifying, supplementing, deleting, digital compression, with the use of a computer or other electronic media;
c) reproduction using any technique;
d) within the scope of selling the original or the copies on which the data, works, and, in particular, image, materials, studies, locations, information or comments have been recorded – marketing, lending, rental, lease;
e) within the scope of distribution of the data, works, and, in particular, image, materials, studies, locations, information or comments and the media which realize them, in a manner other than described above – making available to the public, in particular at public exhibitions, fairs, presentations or in advertisements in the media, recording on electronic carriers, publishing in the form of guides, books, brochures, albums, as well as exhibiting, performing, displaying, reproducing, broadcasting and re-broadcasting, in every possible form of realization, and making available to the public so that everyone can access them from a place and at a time individually chosen by them;
f) use and distribution of the data, works, and, in particular, image, materials, studies, locations, information or comments for the purpose of operating, maintaining, restoring to original condition or developing the Website, and other projects related to the Website.
3. The User permits the Owner to authorize other entities to use the data, works, and, in particular, image, materials, studies, locations, information or comments referred to in § 8 Section 1 hereof, within the scope of the license granted to the Website Owner, referred to in § 8, Section 1 of hereof, without the right to remuneration on the part of the User.
4. To the fullest extent permitted by law, the User shall ensure and take action, or allow omission to enable the Website Owner to use all data, works, and, in particular, image, materials, studies, locations, information or comments posted by the User on the Website, free of charge, without prejudice to any rights of third parties, including, in particular, copyright, to the extent related to the operation of the Website, and within the scope of the granted license. By posting any data, works, and, in particular, image, materials, studies, locations, information or comments on the Website, the User declares that they hold all the required approvals, permits, authorizations, etc., allowing the Website Owner to use them as described in the present Terms and Conditions, without any liability to third parties.
5. To the fullest extent permitted by law and within the scope of the granted license, the User shall release the Website Owner from the obligation to repair damage or incur expenditure which the Website Owner could incur as a result of violating the rights of third parties, including, in particular, the copyright or related rights to the data, works, and, in particular, image, materials, studies, locations, information or comments posted by the User on the Website. To the fullest extent permitted by law, the User shall indemnify the Website Owner against any liability for violations to aggrieved parties and shall repair any damage resulting therefrom.
6. Along with granting the license referred to in § 8, Section 1 hereof, the User grants the Website Owner a royalty-free, non-exclusive, unlimited-in-space, limited-in-time-to-the-period-of-ownership-of-the-Account-by-the-User, and meant for the purposes specified in § 8, Section 1, sentence two hereof – permission to exercise, without any other restrictions, a derivative copyright related to specific data, works, and, in particular, image, materials, studies, locations, information or comments, in accordance with the provisions of and for the purposes specified in the present Terms and Conditions, and permits the Website Owner to authorize third parties, without limitation, to exercise said derivative copyright to the extent to which the Website Owner is entitled to do the same. This authorization also includes the right of the Website Owner to permit third parties, without limitation, to authorize other entities to exercise the derivative copyright related to specific data, works, and, in particular, image, materials, studies, locations, information or comments, to the extent described in the preceding sentence.
7. To the fullest extent permitted by law, within the scope of the granted license and its purpose, the User shall ensure that the persons who own the moral rights, copyright or related rights to the data, works, and, in particular, image, materials, studies, locations, information or comments posted on the Website by the User, do not raise any claims against the Website Owner or third parties and their legal successors referred to in § 8, Section 6 hereof, in case of any possible changes, adaptations and modifications to such data, works, and, in particular, image, materials, studies, locations, information or comments.
8. Should the User post an image of a party other than themselves on the Website, they shall secure the consent of such a party to the use of their image by the Website Owner, within the same scope and under the same terms that apply to the use of the User's image. The User cannot post on the Website any images of third parties without the parties' consent to such posting.
9. In the event that the User finds about or is aware of any violation of the provisions of § 8 hereof, they should notify the Administrator or the Website Owner of this fact.
10. In the event that the User finds out about or is aware of a revocation of the approval, permit, authorization, etc. referred to in § 8 hereof, they should notify the Administrator or the Website Owner of this fact.
11. Should a claim be made against the User, action be brought against them or similar proceedings be initiated against them by a third party authorized to do so under § 8 hereof, the User shall immediately notify the Administrator or the Website Owner of this fact, to enable them to take part in such proceedings or safeguards against any further violations.
12. The owner of the Service authorizes the use of the Service’s API exclusively for private purposes, explicitly excluding any business or for-profit purposes, whether on a one-off or regular basis. In any case, the Service’s API must never be used (whether directly or indirectly) for designing, development, implementation, multiplication, marketing, maintenance, expansion, modification or any other similar operations directly or indirectly involving products or services that may be directly or indirectly competitive to the business of the Service or the Service’s Owner, or to goods or services provided via the Service.

§ 9. ACCESS TO SPECIFIC FUNCTIONALITIES AND MODULES, FEES

1. Access to the Application within the scope of independent planning and implementation of training activities and viewing of training history is, and always will be, free.
2. An Athlete who wishes to cooperate with a Coach through the Sportovia Application shall, after obtaining the prior consent of the Coach to cooperation, pay the fee specified by the Coach in advance. The Coach's fee can only be paid via PayPal (www.paypal.com). Once the payment has been made via PayPal (that is, once it has been credited to the account), the Coach will be able to provide advice and manage the training, competition, rehabilitation or diet plan of the Athlete.
3. For the provision of the functionality of the Application enabling the Athlete to establish cooperation with the Coach, the Website Owner shall charge a commission fee of 7% (say: seven percent) – but not less than EUR/USD/PLN 5.00 (say: five and 0/100 EUR/USD/PLN) – of the total gross amount paid by the Athlete to the Coach, for each payment made to the Coach. An additional commission fee of 3.5% (say: three and a half percent) of the total amount paid by the Athlete to the Coach shall be charged by PayPal, which is responsible for efficient and effective payments.
4. Both the Athlete and the Coach are required to exchange any correspondence, data, information, and make payments via the Website or Application only.
5. At the end of the cooperation period, the Athlete can rate their cooperation with the Coach, which will have an impact on the Coach's position in the ranking conducted by the Website.
6. The Website Owner shall not be liable for any deficiencies in the cooperation between the Athlete and the Coach. Should the Athlete find their cooperation with the Coach unsatisfactory, or any claims arise between the Athlete and the Coach, the Athlete and the Coach shall be obliged to solve such disputes on their own. Each Athlete can set up a Team and become a Team Administrator. The Team Administrator can invite other persons (both Users and non-Users) to join the Team.
7. The Team Administrator may cooperate with a Coach or Coaches, who will be able to plan the training routine for the entire Team or for individual members of the Team.
8. The Team - Coach cooperation shall be governed by the same provisions as the Athlete - Coach cooperation, however, the rights and obligations of the Athlete shall be taken over by the Team Administrator.
9. In case of payments made by the Team Administrator to the Coach via PayPal, the Website Owner shall charge a commission fee of 7% (say: seven percent) of the total amount paid by the Team Administrator to the Coach, for every payment made to the Coach, but – depending on the declared Team size – not less than:
a) EURO/USD/PLN 25.00 (say: twenty-five and 0/100 EURO/USD/PLN) gross for 2-5 Athletes;
b) EURO/USD/PLN 50.00 (say: fifty and 0/100 EURO/USD/PLN) gross for 6-10 Athletes;
c) EURO/USD/PLN 100.00 (say: one hundred and 0/100 EURO/USD/PLN) gross for 11-20 Athletes;
d) EURO/USD/PLN 120.00 (say: one hundred and twenty and 0/100 EURO/USD/PLN) gross for more than 20 Athletes.
An additional commission fee of 3.5% (say: three and a half percent) of the total amount paid by the Team Administrator to the Coach shall be charged by PayPal, which is responsible for efficient and effective payments.
10. All the Athletes who are members of a given Team can communicate via the Team's profile available on the Website or via the Sportovia Application. The information posted on the Team's profile can be viewed by all the Athletes who are members of the Team and by the Coaches of the Team. Individual Athletes who are members of the Team can communicate directly with their Coach, without revealing the content of the exchanged information to other Athletes or Users. The detailed scope of User data visible to other Users is specified in the Privacy Policy, which is available at www.sportovia.com/policy.
11. The User may access the Diet Module via the Website or the Sportovia Application.
12. The User shall be granted access to the Diet Module upon paying a subscription fee for a selected period of time via PayPal or an appropriate Application Store, from which the User gained access to the Application. All Diet Module subscription fees must always be paid in advance, the available subscription period and the amount of subscription fee shall be communicated to the User prior to making the payment.
13. The Diet Module subscription shall be valid throughout the period for which it was purchased. After the expiry of the Diet Module subscription period, the subscription shall be automatically renewed for another subscription period, equal to the one previously purchased by the User. At any time during the subscription period, the User may opt out of the automatic renewal of the Diet Module subscription or choose to renew the subscription for another available period (under "User Settings" in the Account panel).
14. If the automatic payment of the Diet Module subscription fee fails, e.g. if the User changes their credit card number during the previous subscription period, access to the Module shall be suspended. Should the subscription option selected by the User fail, the User shall be notified of this fact. In the absence of payment, the Website shall suspend access to the Diet Module for subsequent subscription periods, until receipt of payment.
15. The User may unsubscribe from the Diet Module under User Settings in the Account panel: Settings -> Subscriptions -> Unsubscribe. The User can unsubscribe from the Diet Module at any time, while maintaining access to the Diet Module until the end of the last paid subscription period.
16. Should the User unsubscribe from the Diet Module during the paid subscription period, the payment made to the Website Owner by way of the Diet Module subscription fee shall not be refunded.
17. The Diet Module subscription fee shall remain unchanged throughout the subscription period. Once the previous subscription period has expired, the amount of the Diet Module subscription fee shall be communicated to the User immediately prior to payment. If the Diet Module subscription fee changes, the User using the option of automatic renewal of subscription shall be notified of such a change, if it occurs prior to the automatic renewal of the subscription to this Module for another period, and shall be asked to accept the new subscription fee amount. If the User does not accept the new Diet Module subscription fee, the subscription shall not be renewed automatically and access to the Diet Module shall be suspended.
18. The fees charged by the Website Owner are their only remuneration for the service of organizing and providing access to the interactive platform for the cooperation between Athletes, Teams, Team Administrators and Coaches and providing access to the Diet Module, and do not entitle the User to use any services provided by other entities, nor to use the content provided by other entities, including the content posted on the Website.
19. The Website Owner reserves the right to change the amounts of individual fees or the detailed rules of charging for the services provided on the Website, without prejudice to the rights previously acquired by the Users in the period for which the rights were acquired.

§ 10. SECURITY

1. The Users shall not post on the Website any data, works, and, in particular, image, photographs, videos, materials, studies, locations, information or comments protected by the copyright or related rights of third parties without the express consent of their authors or authorized entities.
2. The Users shall not exert any form of negative psychological influence on other Users, including intimidation, harassment or bullying of other Users.
3. The Users shall not post on the Website any content containing threats, calling for hatred or discrimination in any area, promoting violence, nor any content which is pornographic, obscene, generally regarded as vulgar, offensive, immoral, or unlawful.
4. The Users shall not post any references, links or other leads to the Website on other websites or in applications the content and activities of which are contrary to the provisions of the Terms and Conditions, Privacy Policy or applicable laws.
5. The Users shall not post on the Website any data, works, and, in particular, image, photographs, videos, materials, studies, documents, locations, information or comments promoting violations of the law or providing instructions for illegal activity.
6. The Users shall not use the Website for illegal purposes.
7. The Users shall not use the accounts of third parties without their consent and approval, and shall not post any content on the Website on behalf of third parties.
8. The Users shall protect and not disclose to third parties any information necessary to log into their Accounts, i.e., in particular, usernames and passwords.
9. The Users shall refrain from actions that could interfere with the operation of the Website in any way, e.g. posting a malicious code, or overloading the servers of the Website.

§ 11. RIGHTS OF THIRD PARTIES

1. The Users shall not post on the Website or in the Application any content, including any data, works, and, in particular, image, photographs, videos, materials, studies, locations, information or comments, or undertake any actions which could violate the rights of third parties or the applicable law.
2. The Website Owner reserves the right to block or delete, in whole or in part, any data, works, and, in particular, image, materials, studies, locations, information or comments which violate the provisions of the present Terms and Conditions, the Privacy Policy or the applicable law.
3. Should the Website Owner delete any data, works, and, in particular, image, materials, studies, locations, information or comments which they believe to violate the rights of third parties, the User shall have the right to lodge a complaint.
4. The Account of the User who repeatedly violates the rights of third parties shall be deleted by the Administrator or the Website Owner.
5. The posting on the Website and in the Application of any information on the finances of third parties or any data which make it possible to obtain such information is prohibited. The posting on the Website and in the Application of identification documents of third parties, as well as of the content of such documents recorded using any technique, is also prohibited.
6. The Users shall not provide false personal data to the Website or the Application and shall not create and use Accounts on behalf of third parties without their consent. Should the Administrator or the Website Owner have any doubt as described in § 11, Section 6, sentence one hereof, the provisions of § 6, Sections 3, 4, 6 or 7 hereof shall apply.

§ 12. PERSONAL DATA PROTECTION

1. The Website Owner is the administrator of the User’s personal data within the meaning of the Personal Data Protection Act of 29 August 1997 (consolidated text: Journal of Laws of 2002, No. 101, Item 926, as amended).
2. The Users' personal data shall be processed in accordance with the provisions of the Personal Data Protection Act of 29 August 1997 (consolidated text: Journal of Laws of 2002, No. 101, Item 926, as amended), the Electronic Services Act of 18 July 2002 (consolidated text: Journal of Laws of 2013, Item 1422, as amended), and other applicable laws.
3. The personal data entered by the User in the registration form shall be used by the Website Owner to conclude, amend, execute, terminate or withdraw from the agreement for the provision of electronic services.
4. The personal data entered by the User in the registration form, or otherwise provided to the Website Owner, can also be used for the purpose of advertising and researching the market and the behavior and preferences of service users (the Users). The results of such research shall be used for improving the quality of the services provided by the Website Owner, direct marketing of the Website Owner's products or services, or pursuing claims arising from the business activity, in accordance with the provisions of applicable laws.
5. The detailed rules and procedures for the processing of personal data are set forth in the Privacy Policy available at www.sportovia.com/policy.
6. The Privacy Policy is made available to the Users prior to the conclusion of the agreement for the provision of electronic services, in a downloadable, recordable, storable, and, in particular, printable format.

§ 13. LIABILITY OF THE ADMINISTRATOR AND THE WEBSITE OWNER

1. The Website Owner shall be liable for possible damage arising out of or related to the operation of the Website (including the Application), in accordance with the provisions of applicable laws.
2. The Website Owner recommends that the Users keep all data making it possible to access their Accounts, bank accounts or credit cards, in confidence and secure them against unauthorized access from third parties.

§ 14. COMPLAINTS

1. The User can file a complaint concerning the operation of the Website, Application, Services or Software with the Website Owner.
2. Complaints shall be considered within 14 (fourteen) days of the date of their filing.
3. Complaints should be filed through the agency of the Administrator, and sent to the following e-mail address: mobile@sportovia.com.
4. A correctly filed complaint should contain at least the following:
a) User's identification (first name, last name, e-mail address),
b) subject of the complaint;
c) grounds for the complaint.
5. The Administrator reserves the right to access the User's Account to remove any irregularities in the operation of the Website, Application, Services or Software.
6. The Administrator shall not be liable for, and shall not accept, any complaints concerning the provision of services or delivery of goods by other Website Users or third parties.

§ 15. FINAL PROVISIONS

1. The Terms and Conditions, Privacy Policy and Cookie Policy are available at www.sportovia.com/terms, www.sportovia.com/policy, www.sportovia.com/cookies. The Terms and Conditions, Privacy Policy and Cookie Policy are made available to the User prior to concluding the agreement for the provision of electronic services, in a downloadable, recordable, storable, and, in particular, printable format. In addition, the Cookie Policy is made available to all visitors to the Website upon entering the Website, and its main provisions are displayed constantly until the visitor declares that they understand and accept its content.
2. The Website Owner and the Administrator reserve the right to unilaterally amend the Terms and Conditions, Privacy Policy and Cookie Policy for reasons related to the modification of the operation of the Website, Application, Services or Software, and, in particular, related to the modification, development, enhancement or improvement of the quality of the Website, Application, Software or Services, as well as for reasons related to the obligation to abide by the law and adapt the operation of the Website, Application, Services or Software to the provisions of applicable laws. Any amendment to the Terms and Conditions, Privacy Policy and Cookie Policy shall be made without prejudice to the rights acquired by the Users prior to notifying them of the proposed amendments to the Terms and Conditions, Privacy Policy and Cookie Policy, the new content of the Terms and Conditions, Privacy Policy and Cookie Policy, the date of entry into force of the new content of the Terms and Conditions, Privacy Policy and Cookies Policy, and, in particular, prior to the date of entry into force of the new content of the Terms and Conditions, Privacy Policy and Cookie Policy.
3. The User shall be notified of all amendments to the Terms and Conditions, Privacy Policy or Cookie Policy via the Website or the Application, by means of a relevant notice posted on the Website or in the User's Account, or by means of a relevant e-mail sent to the User, containing the new content or a link to the new content of the Terms and Conditions, Privacy Policy and Cookie Policy and highlighting the changes.
4. In the event of any amendment to the Terms and Conditions or Privacy Policy, the User shall be asked to accept it within 30 (say: thirty) days of the date of being informed of the same. In the event of any amendment to the Cookie Policy, the User shall be asked to accept it immediately upon visiting the Website (and/or launching the Application), subject to the cases of so-called implied consent of the User to the content of the Cookie Policy (for more information on the implied consent please read § 7 of the Cookie Policy available at www.sportovia.com/cookies). The date of introducing the information about the amendments to the Terms and Conditions, Privacy Policy and Cookie Policy into the electronic communications system in such a way that the User has the opportunity to get acquainted with its content shall be the date of notifying the User of the amendments to the Terms and Conditions, Privacy Policy and Cookie Policy. The amended Terms and Conditions or Privacy Policy shall be binding upon the User from the date of their entry into force, but in no event earlier than from the date of accepting the amendments by the User within the period referred to in § 15, Section 4, sentence one hereof. The amended Cookie Policy shall be binding upon the User upon accepting the amendments to its content by the User, including the cases of so-called implied consent of the User to the content of the Cookie Policy (for more information on the implied consent please read § 7 of the Cookie Policy available at www.sportovia.com/cookies).
5. Subject to § 15, Section 6 hereof, should the User fail to accept the amendments to the Terms and Conditions or Privacy Policy within the period specified in § 15, Section 4, sentence one hereof, i.e. within 30 (say: thirty) days of the date of notifying the User of the amendments, upon expiry of the said period, the User's Account shall be blocked, and the User shall be asked once again to accept the amendments to the Terms and Conditions or Privacy Policy when logging into their Account via the Website or the Application. If the User fails to accept the amended Terms and Conditions or Privacy Policy upon logging into the Account, the User's Account shall be deleted, which will also block access to the Application. Due to the fact that the use of cookies is necessary due to technical and technological aspects of the operation of the Website and Application, if the User fails to accept the amendments to the Cookie Policy within the period specified in § 15, Section 4, sentence two hereof, the User's Account shall be blocked, and the User shall be asked to accept the amendments to the Cookie Policy once again. If the User fails to accept the amended Cookie Policy, the User's Account shall be deleted, which will also block access to the Application. The User's Account shall not be blocked if the User gives their implied consent to the content of the Cookie Policy (for more information on the implied consent please read § 7 of the Cookie Policy available at www.sportovia.com/cookies).
6. The User who paid a subscription fee in order to get access to specific Modules or functionalities of the Application and did not accept the amended contents of the Terms and Conditions or Privacy Policy as described above, shall have the right to use the Website and the Application on previous terms until the expiry of the subscription period, upon which the User’s Account shall be deleted, which will also block access to the Application, unless the User accepts the amended contents of the Terms and Conditions or Privacy Policy before the expiry of the subscription period. In the situation described in § 15, Section 6, sentence one hereof, the User shall not be able to renew the subscription or subscribe for subsequent periods without prior acceptance of the amended contents of the Terms and Conditions or Privacy Policy.
7. The User is aware of the fact that due to the characteristics of the operation of the Website, Application, Services or Software, they are required to enable cookies in their web browsers or mobile devices. The User, including one who subscribed to specific Modules of the Application and did not accept the amended Cookie Policy in accordance with the foregoing provisions, is aware of the fact that their failure to accept the amended contents of the Cookie Policy or disabling cookies in their web browsers or mobile devices may adversely affect the performance of the Website or Application, and, in some cases, make the use of the Website or Application completely impossible.
8. Should any of the provisions of these Terms and Conditions be revoked or invalidated by the Court, all other provisions shall remain in force.
9. The Website Owner reserves the right to shut down the Website in a manner ensuring the fullest respect for the rights acquired by the Users.
10. The Website, Terms and Conditions, Privacy Policy, Cookie Policy, and the use of the Application, Services or Software shall be governed by the provisions of applicable laws.

§ 16. ENTRY INTO FORCE OF THE TERMS AND CONDITIONS

The present Terms and Conditions shall enter into force on 1 April 2014.