Individual entrepreneur Voitenko Ksenia Sergeevna offers to enter into this User Agreement (hereinafter referred to as the "Agreement") for the use of the Mobile Application under the following conditions.
1. Terms and their definitions
1.1. Training programs - developed by Voitenko Igor Alexandrovich in the framework of the project "Next" author's sports training programs aimed at information education in the field of physical development. The content of training programs provided through the Mobile Application may be changed by the Copyright Holder without notice to the User.
1.2. Mobile application – software developed for the mobile platforms iOS, Android, intended for installation and use on smartphones, through which access to Training Programs is provided.
1.3. The copyright holder is an individual entrepreneur Voitenko Ksenia Sergeevna (PSRNIE: 319774600271620), who owns the exclusive rights to the Mobile Application, as well as the rights (non-exclusive license) to implement Training Programs.
1.4. User – any person who uses the Mobile Application in accordance with the requirements of the current legislation of the Russian Federation and the terms of this User Agreement (hereinafter referred to as the "Agreement").
2. General Terms and Conditions
2.2. Reading the terms of this Agreement and putting the "Agree" or "Accept" mark next to the link to this Agreement, as well as the actual start of using the Mobile Application, is a written consent (acceptance) The User agrees to the terms of the Agreement.
2.4. Persons under the age of 18 are only allowed to use the Mobile App with the consent and/or active participation of a parent or legal guardian.
2.5. If the User's health and/or well-being deteriorates, it should immediately stop exercising according to the Training Programs and follow the nutrition plans that are available into the Mobile App, and consult a doctor.
2.6. Pregnant women and breast-feeding mothers should not engage in sports training programs and follow nutrition plans that are available into the Mobile App.
2.7. The use of the Mobile Application is permitted only under the terms of this Agreement. If the User does not accept the terms of this Agreement in full, the User does not have the right to use the Mobile Application.
2.8. Additional equipment may be required to complete Training Programs. The provision of such equipment is not the responsibility of the Copyright Holder and is provided by the User independently and at their own expense.
3. Rights and obligations of the parties
3.1. The User confirms and guarantees that before using the Mobile Application, he / she has consulted a qualified attending physician and is not contraindicated for physical activity, including physical exercises, their intensity and regime, as well as nutrition plans provided for by Training Programs that are accessed through the Mobile Application.
3.2. The User confirms that he is familiar with the terms of this Agreement, uses the Mobile Application, including performing physical exercises provided for by the Training Programs, on the basis of his own conscious free choice at his own will and in his own interests.
3.3. The User is notified and agrees that the Mobile Application is for informational purposes only, is not a source of professional sports and/or medical advice and recommendations regarding exercise, sports training programs, nutrition plans. The copyright holder is not engaged in medical or any other medical activity does not provide the services of a personal trainer or nutritionist. The User undertakes to understand and take into account that all materials and recommendations provided through the Mobile Application are intended for people who are not contraindicated for physical activity and, if necessary, consult their doctor before starting any exercise or nutrition program.
3.4. The user understands and agrees that the results of training and following the nutrition plans may not meet their expectations.
3.5. When using the Mobile Application, the User must comply with the current legislation of the Russian Federation, as well as the rights and legitimate interests of other persons.
3.6. The User is personally responsible for any information that is posted by him in the Mobile Application or through the interface of the Mobile Application.
3.7. The Copyright Holder has the right to restrict (block) or terminate the User's access to the Mobile Application at any time if the User violates the terms of the Agreement or the requirements of the current legislation. In this case, the User is deprived of the right to use the Mobile Application, and in the event that the User causes harm or loss to the Copyright Holder, the User undertakes to compensate for such harm and loss.
3.8. The Copyright Holder has the right to suspend access to download the Mobile Application at any time and without notifying the User. At the same time, the Copyright Holder provides the User with the opportunity to download the Mobile Application at least once within a reasonable time after purchasing it.
3.9. The Copyright Holder terminates the User's access to the Mobile Application if the User refuses to use the Mobile Application, including if the User deletes the Mobile Application from the mobile device unless otherwise provided by the agreement of the parties.
4. Intellectual property
4.1. All objects placed in the Mobile Application, including program code, design elements, interfaces, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects and their collections, as well as visual and sound design, content and algorithms (techniques) Training programs or other materials accessed through the Mobile Application (hereinafter referred to as the "Content") are the objects of the exclusive rights of the Copyright Holder, all rights to these objects are protected in accordance with applicable law.
4.2. No Content may be copied (reproduced), processed, distributed, framed, published, downloaded, transmitted, sold or otherwise used in whole or in part without the prior permission of the Copyright Holder. Reproduction, copying, collection, systematization, storage, the transmission of content for the purpose of creating a database for commercial and (or) non-commercial purposes and (or) use of the content in whole or in any part, regardless of the method of use, without the consent of the Copyright Holder is not allowed.
4.3. The User undertakes to respect the intellectual property rights of the Copyright Holder, as well as to use the Mobile Application exclusively for personal purposes.
4.4. Under this Agreement, the User does not have the right to use the Mobile Application for commercial or other purposes not provided for in the Agreement, does not have the right to copy, distribute (replicate), transfer to third parties the Mobile Application, visual and sound design, content and algorithms of Training Programs or other materials, in whole or in part, access to which is provided through the Mobile Application without the direct written consent of the Copyright Holder.
4.5. The User does not have the right to make any changes to the source code of the Mobile Application, including decompiling, supplementing, changing, deleting elements of the program code, design, content of Training Programs, or otherwise making changes to the operation of the Mobile Application in any way, except as expressly provided by the Mobile Application interface.
4.6. For violation of the exclusive rights, the User pays compensation in the amount and in the manner determined by the current legislation and also bears other liability provided for by law.
5.1. Under this Agreement, the Copyright Holder grants the User, and the User accepts, a simple (non-exclusive) license for the Mobile Application without the right to transfer it to third parties, which can be completely cancelled (terminated).
5.2. The User has the right to download and use the Mobile Application automatically, immediately after the Copyright Holder receives payment confirmation from the payment system.
5.3. The license for the Mobile Application is valid indefinitely unless otherwise specified by a written agreement of the parties.
6. Guarantees and responsibilities
6.1. The mobile app is provided only in the Apple App Store (https://www.apple.com/ios/app-store/) or Google Play (https://play.google.com/store/).
6.2. The copyright Holder does not guarantee that the operation of the Mobile Application will be uninterrupted and error-free at any time during the use of the Mobile Application, and that errors in the operation of the Mobile Application will be corrected promptly and in full.
6.3. All information and materials of the Mobile Application are provided on an "as it is" basis, without warranty of any kind. The Copyright Holder, to the maximum extent permitted by law, disclaims all warranties, including, but not limited to, the warranties of fitness for a particular purpose, the warranties of non-infringement of copyright. The Copyright Holder does not guarantee the completeness, accuracy and reliability of the information provided in the Mobile Application. The Copyright Holder does not guarantee that the materials of the Mobile Application are suitable and available for use anywhere.
6.4. The User is notified and accepts that the operation of the Mobile Application depends on the characteristics of the equipment used by the User (personal computers, mobile devices) and software (operating system), as well as on the characteristics of the communication channels provided by the User's providers.
6.5. The Copyright Holder is not obliged to provide the User with technical support, maintenance, updates, modifications and new versions of the Mobile Application. The copyright Holder may issue updates to the Mobile Application and automatically update its version via electronic communication. The Copyright Holder is not responsible for any direct or indirect consequences of the User's use of the Mobile Application, including, but not limited to: injuries and injuries sustained during training, deterioration of health, or other harm to the life and health of the User.
6.6. The Copyright Holder is not responsible for damage caused to the User's property (including personal computers and mobile devices) as a result of using the Mobile Application in violation of the terms of the Agreement, as well as as a result of clicking on links to third-party information resources posted in the Mobile Application.
6.7. The Copyright Holder does not guarantee that the Mobile Application or the information resource platform through which the Mobile Application is distributed will not contain viruses and other malicious software. The copyright holder is not responsible for any damage caused by such software. The user is responsible for taking all necessary measures to protect their equipment and information from possible hazards of this kind.
7. Personal data
8. License Cancellation Policy
8.1. The User has the right to refuse to use the paid Mobile Application at any time. In this case, the refund of the funds paid by the User is not made, regardless of whether the actual use of the Mobile Application was carried out or not.
9. Modification of the terms of this Agreement
9.1. This Agreement may be changed by the Copyright Holder unilaterally. The changes take effect from the moment they are published in the Mobile App.
10. Final provisions
10.1. This Agreement, as well as the offer to conclude it, shall be governed by and interpreted in accordance with the laws of the Russian Federation.
10.2. All disputes and disagreements arising in connection with the performance of this Agreement, the Copyright Holder and the User will seek to resolve into negotiations. Before the dispute is submitted to the court for resolution, the Copyright Holder and the User will take measures to resolve it in a claim-based manner. The claim must be submitted in writing. The Copyright Holder or the User must give a written response to the received claim on the merits within 10 days from the date of its receipt.
10.3. Any disputes or disagreements between the parties in connection with the Agreement, if they are not resolved through negotiations, are subject to resolution in the court of general jurisdiction at the location of the Copyright Holder in accordance with the procedure established by the legislation of the Russian Federation.
10.4. The parties enter into legal relations without any compulsion and in the absence of other circumstances that could indicate that the purposes of such legal relations are anything other than those specified in the subject matter of this Agreement.
10.5. Any information received by the parties during the execution of the Agreement, including personal data of the parties, information about technologies and methods of work, unregistered intellectual property objects, which became known to the parties during the execution of the Agreement, is confidential and is not subject to disclosure by the parties to third parties, except for employees of the Copyright Holder.
10.6. Electronic correspondence is of legal significance for the parties if the electronic mailbox addresses specified in this Offer are used for the exchange of electronic letters. Documents received by e-mail specified in this Offer are legally binding, provided that they are properly executed, have the seal and signature of the authorized person. If necessary, the parties undertake to send the originals of the relevant documents by sending them by mail within a reasonable time from the date of their signing.
10.7. In everything that is not provided for in the Agreement, the parties are guided by the current legislation of the Russian Federation.
11. Details of the Copyright Holder
Individual entrepreneur Voitenko Ksenia Sergeevna
PSRNIE: 319774600271620 ITN: 614315806605
Address: 121357, Moscow, Kutuzovsky Prospekt 67, building 2,
basement of the room V 2 off. 2.
Date of publication of the user agreement: 04.12.2023