Terms and Conditions

Effective Date: January 12, 2023

IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, DO NOT ACCESS OR USE THE SERVICE.

Introduction

1. These Terms and Conditions ("Terms and Conditions" or "Agreement") govern and determine this Site and / or applications (hereinafter referred to as the "Site") provided by Sevrocuk sp. z o.o., with its registered address at: Wał Miedzeszyński 550A, 03-994 Warsaw, Poland. Registration#: KRS: 0000885617 (hereinafter the "Sevrocuk sp. z o.o.").

2. The Site is provided by Sevrocuk sp. z o.o. A Client, for the purpose of these Terms and Conditions, can be any individual, who is willing to use or benefit from the services provided by Sevrocuk sp. z o.o. The words "You" and "User" refer to all persons who use the Site. By Your actions related to registration, using the services of the Site, including using the information available on the Site without registration, You agree with the "Terms and Conditions". The use of the Site does not grant You, as "consumers", any ownership rights over the content, data and materials available to You through the Site. An IP address is a unique identifier, associated with a computer, website or resource of a particular visitor in a way that allows localization in the global Internet network.

3. These Terms and Conditions constitute a contract that governs the relationship between Sevrocuk sp. z o.o. and the User of the services provided by the Site. These Terms and Conditions apply to the whole content on this Site. The Site, for the purpose of these Terms and Conditions, is a special place in the global Internet network, accessible through its unique address where a set of web pages are loaded through the User's browser upon the web address entry. By visiting this Site, You hereby duly grant Your full consent to be bound by the Terms and Conditions of the Site and all other conditions, in relation to and arising from and by its use. Your consent is considered granted by using the Site, its every menu category or sub-category, section or subsection, as well as by the emergence, development and termination of any legal relations arising from and by the use of this Site. By visiting this Site, You hereby duly grant Your full consent for the collection and use of Your personal information for the use of the Site and all relations arising from or connected with the Site. By registering and using the Site, You are bound to both the current configuration of the Site, and all changes to it, made in the form of additions and changes or development of new menus, categories, sections and others. Provided You do not agree with the above or do not want to be bound by the Terms and Conditions of this Site, You are not permitted to use, visit, or enter into any legal relations with the Site.

4. The materials contained in this Site are provided for general information purposes only and do not claim to be or constitute any form of professional advice. We do not accept any responsibility for any loss which may arise from accessing or reliance on information contained in this Site.

5. The contents of this Site are protected by copyright under international law.

6. Users are permitted to read the contents of this Site and make copies for their own personal use only. All other use and copying of any of the contents of this Site is prohibited.

7. We can change these Terms and Conditions at any time but we will give you reasonable notice before doing so. We will post the amended Terms and Conditions on the Site upon any such change. The amendments become effective upon being posted to the Site and any use of the Service occurring after such posting is subject to the amendments. Your continued use of the Service after the posting of the amended Terms and Conditions on the Site constitutes your acknowledgement of the Terms and Conditions and their modifications and your agreement to abide and be bound by them.

8. To accept these Terms and Conditions, You must be an adult of legal age of majority in the country in which Your account is registered. You are legally and financially responsible for all actions on Your account, including the actions of children and anyone else with access to Your account.

Services

We offer our customers a wide variety of video tutorials for training all muscle groups. We give you the ability to plan your workouts using the training planner that we made according to your preferences and demands on a fee-based membership basis. In addition to that, our planner allows you to easily create, edit, postpone, and delete your plans.

The date of Your account registration shall also be deemed as the date of the paid membership start in effect (according to the conditions provided hereto), and the fact of Your account registration means Your express consent with conditions of this clause including Your consent to the paid membership.

Account holders access the Service using following types of paid Memberships:

You will be charged the rate stated above, (all applicable taxes are included), every month for the duration of Your membership. If the applicable VAT rate (or other included tax or duty) changes the tax-inclusive price will adjust accordingly (You will be informed about it one day before Your re-bill in the notification email).

You will be charged in your local currency based the exchange rate at the moment of your purchase - 1.95 EUR for Trial Service and 65.85 EUR since the first day after the Trial Service period end up correspondingly.

The prices are subject to offers, discounts and changes in favor of the customer may be applied at any time, you will be notified by email beforehand. Please note that we reserve the right to alter discount amount from 10% to 50% (usually varies individually), the exact percentage of discount is sent by email notification before the re-bill charge.

We undertake to send our customers, immediately after the membership, an email with the following details of the membership, an email with the following details of the membership:

In addition, you will receive another email-reminder, 24 hours before the expiry of the trial period, informing you that the trial period is coming to an end and providing you with a link to cancel membership.

You can easily cancel the paid membership by sending a request to our support by email to support@sportiveroom.com
Please note that the charge could appear with one of the following billing descriptors: sportyrm.com +48 22 307 32 97, sportvrm.com +48 22 307 32 97, sprpay.com +48 22 307 32 97, sportiveroom.com +48 22 307 32 97, sptroom.com +48 22 307 32 97, sprtroom.com +48 22 307 32 97, PX-sportiveroom.com +48 22 307 32 97, sportirm.com +48 22 307 32 97.

Affiliated sites

sportiveroom.com expects its partners, advertisers and affiliates to respect rights and security of our Users. Be aware, however, that third-parties, including our partners, advertisers, affiliates and other content providers accessible through our Site, may have their own policies and practices. sportiveroom.com is not responsible in any way for any services/goods/materials etc. that may be sold/supplied/provided/offered to You by such third-parties. Features available on our Site may offer services operated by third-parties. When You are on a feature or page operated by a third party You should check properly the applicable terms, conditions and other regulations of the aforesaid third-parties.

Thus, sportiveroom.com does not control services/web-pages/features operated by third-parties and is not responsible for any actions, services, goods or policies of such third-parties. sportiveroom.com does not endorse any product, service, or treatment advertised on sportiveroom.com or web-sites of third-parties. Your further relations with third-parties are beyond the control of sportiveroom.com and this Policy.

Liability of sportiveroom.com and Disclaimer

The use of sportiveroom.com Site and the Service is at your own risk. The sportiveroom.com Site and the Service are provided on an "as is" basis. Sevrocuk sp. z o.o., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Sevrocuk sp. z o.o.. makes no representations or warranties about the following: The accuracy, reliability, completeness, currentness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the sportiveroom.com Site or the Service. In no event shall Sevrocuk sp. z o.o. be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use of sportiveroom.com Site or the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Sevrocuk sp. z o.o. or any third-parties mentioned on sportiveroom.com Site are advised of the possibility of such damages. Sevrocuk sp. z o.o. shall be liable only to the extent of actual soundly proven damages incurred by You. Sevrocuk sp. z o.o. are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with Your use of sportiveroom.com Site and Service must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Requirements for clients

1. Unless otherwise stated in these Terms and Conditions or online, any distribution for commercial and / or advertising purposes, publication or use of this site or any information, data or materials is strictly prohibited.

2. The Client warrants and agrees that while using the Site and / or the Services provided on or through it, should not: impersonate another person, by providing other personal details as his own; try to get unauthorized access to other computer systems through the Site; collect email addresses and / or other contacts and any personal information or use any other means of obtaining lists of users or other information from or through the Site; Collect information on a server or database connected to the Site in order to provide Services; Use the Site or the provided services in a way that would lead to overload, interruption, damage to the Site; use the Site in a manner that violates the rights thereon; use the Site in a manner that violates applicable law.

3. The Client agrees that he/she will not use the Site in a way that would prevent other parties to use the Site.

Personal information

1. When using the Site and / or Services provided on or through the Site You may be asked to provide certain personal information that later will be called "User Information". The information you provide will be used only to process Your request.

2. You agree that Sevrocuk sp. z o.o. shall use the information provided by you in order to contact you for the activities related to the Site and the Services offered by Sevrocuk sp. z o.o. Sevrocuk sp. z o.o. takes no liability related to the information You provide regarding Your application to any third parties.

3. You acknowledge that the information You provided when you using the Site is accurate and complete and undertake, if necessary, to provide Sevrocuk sp. z o.o. Your current e-mail address in order to receive updated information by Sevrocuk sp. z o.o. In addition, we may ask You to provide us with certain information such as age, sex, physical characteristics, sports preference, in order to adapt our Services to Your needs. You acknowledge and agree that You are solely responsible for the accuracy and content of the information provided by You.

Collecting information from visitors

1. Sevrocuk sp. z o.o. collects information automatically and through the use of electronic tools that are not visible to our visitors. For example, we can register the name of Your Internet Service Provider or use "cookie" technology to recognize you and hold information from Your visit.

2. The cookie may store Your username and password, sparing You entering this information each time You visit the Site, or may control the number of times You encounter a particular advertisement while visiting Site. In some cases, You can choose not to provide Sevrocuk sp. z o.o. information, for example by setting Your browser to refuse to accept cookies, but if You do, You may not be able to access certain parts of the Site or You may be asked to re-enter username and password. Sevrocuk sp. z o.o. collects information to enhance Your visit and deliver individualized content and advertising.

3. Sevrocuk sp. z o.o. may use personal information collected via the Site to communicate with You regarding Your preferences for products and services offered by Sevrocuk sp. z o.o., and other topics we think You might find interesting. Personal information collected by Sevrocuk sp. z o.o., may also be used for other purposes, including, but not limited to administration of the Site, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with You.

4. Sevrocuk sp. z o.o. may disclose Your information upon a court rule or in other cases where there is reason to be required to do so by law, in connection with the collection of amounts due and / or law enforcement in case that it is appropriate or necessary.

Guarantees

Sevrocuk sp. z o.o. is not responsible for late or rough handling requests, if this is due to circumstances that do not depend on us - force majeure, chance events and problems with the Internet. The Site is not responsible for damages caused to the software, hardware or telecommunications equipment or loss of data arising from materials or resources searched, loaded or used in any manner via the Site. The Site is not responsible for whether You will achieve a specific result by using the provided tutorial materials as far as this circumstance depends on many more factors that are beyond the control of the Site. Sevrocuk sp. z o.o. is committed to protecting the security of Your personal data. We use technical and organizational measures to protect Your personal information from unauthorized access, theft and loss.

Right of withdrawal and Cancellation

The Client has the right to withdraw from the contract with a 14 days prior written notice via e-mail to Sevrocuk sp. z o.o.

In accordance with Directive 2011/83/EU You have a 14-day right of withdrawal, from the date You purchased Your membership. During this time period, You can contact us through Your Account, by email or by telephone to cancel Your purchase and request a refund. You expressly agree to us providing the Services to You immediately upon payment by You therefore You will receive a pro-rated refund based on the usage You have made of the Service.

Limitation of Liability and Indemnity

1.Your attention is drawn specifically to this paragraph.

2. This Site or any part of it may not be compatible with Your browser or computer configuration and we make no warranty that it is. We make no warranty that our services via this Site will be available at any particular time or that Your access to our Site will be uninterrupted, timely, or error-free and we will not be responsible if we are unable to provide the Site or its Services for any reason.

3. If You are accessing our Site and Services in the course of a business, all implied warranties and conditions are excluded to the maximum extent permitted by law.

4. We shall not be liable for any losses You suffer as a result of unauthorized access to Your account until such time as You have informed us of any unauthorized or possible unauthorized use of Your login details or of a breach of security.

5. We shall not be liable for (a) any loss of profit, data loss, loss of production, depletion of goodwill and (b) any indirect loss, costs or expenses whatsoever in each case arising out of Your use of our Site, Your use of our Services available or advertised on our Site or our failure to deliver services contained on our Site.

6. If You are accessing our Site to use the Services available through it otherwise than in the course of Your business, You have certain statutory rights as a consumer regarding the performance of Services. These statutory rights are not and will not be affected by any statement contained in these Terms and Conditions (and in particular, any provision which has the effect of limiting our liability to You in the event that any service is defective or fails to correspond with the description given to it on this Site shall not apply).

7. You warrant to us that You will not use this Site or any other Services accessible through Your User account with us for any unlawful purposes or in a way that is prohibited by these Terms and Conditions. We may immediately terminate Your account and Your ability to access this Site if You breach any such Terms and Conditions or if we believe that we or our other customers may incur liability from Your actions.

8. If You are accessing our Site in the course of a business, You agree to indemnify us and to keep us indemnified (except to the extent caused by our negligence, fraud or willful default) from all or any liability or damages we incur in contract, tort (including negligence) or otherwise towards a third party as a result of Your use of this Site or any of the Services accessible through Your User account or any content published, uploaded or displayed by you on the Site.

Right of use

1. To use the Site You must be 18 years or of legal age in Your country/state to which You are entitled to enter into independent contracts if that age is more or less than 18 years for Your country/state. Persons who are under 18 or under the legal age, which allows separate contract ("Minors") are forbidden to use the Site.

2. We do not collect any personal information on minors. If we become aware of any information received from minors, we will delete it as soon as possible. If You have data information located or brought on Site by minors, please contact us by e-mail support@sportiveroom.com. Sevrocuk sp. z o.o. is not responsible for any damages due to incorrect information submitted by the User. You are responsible that the information provided by You (including age) entered in the Site, is accurate and complete.

3. You may access and browse the Site on Your computer or other device, unless otherwise indicated in these Terms and Conditions or the Site.

4. Prints from the Site should be used for Your own personal use, unless otherwise provided in the Terms and Conditions, the use of Services is only for Your personal use.

5. You declare that You will use the Site as intended, as described in these Terms and Conditions. If You register or use the Site on behalf of a company or organization you declare that You have the necessary rights given to You by Your employer to bind to the said "Terms and Conditions". If you are using the Site on behalf of a company and earn money through this, You are obliged to inform Sevrocuk sp. z o.o. immediately.

Governing jurisdiction and applicable law

Our Site is operated and provided in Poland. As such, this Site and / or applications are subject to the laws of Poland, and such laws will govern this Agreement, without giving effect to any choice of law rules. Sevrocuk sp. z o.o. makes no representation that our Site or other Services are appropriate, legal or available for use in other locations. Accordingly, if You choose to access our Site You agree to do so subject to the internal laws of Poland.

Complaints Procedure

If You have a complaint about our Services, we want to hear about it and we will do our best to put it right. Our Customer Complaints Procedure has the following goals:
• To deal with complaints fairly, efficiently and effectively;
• To ensure that all complaints are handled in a consistent manner throughout;
• To increase customer satisfaction;
• To use complaints constructively in the planning and improvement of all Services.

Who can complain?

Anyone who is:
• Receiving a service from the Sevrocuk sp. z o.o.
• Caring for someone who has a complaint.

How to complain

Sevrocuk sp. z o.o. would like to sort out any complaint as soon as possible. If You are not satisfied or do not wish an informal solution, You may pursue a formal complaint. Write down Your complaint and send it to: support@sportiveroom.com.

What Happens Next?

You will receive acknowledgement of your complaint within 14 working days. You may be contacted to make sure that we have understood your complaint properly. You may be asked to provide more details in order to investigating the complaint. You will receive a response to your complaint within 28 working days of its receipt. Any extension of this time limit requires Your consent.

Does this always happen?

In all cases, a complaint will be given full and fair consideration. However, if as a result of Your complaint, services cancellation or termination, a refund procedure will apply.

We can change these "Terms and Conditions"

Sevrocuk sp. z o.o. reserves the right to change the Terms and Conditions at any time but we will give you reasonable notice before doing so. We will post the amended Terms and Conditions on the Site upon any such change. The amendments become effective upon being posted to the Site and any use of the Service occurring after such posting is subject to the amendments. Your continued use of the Service after the posting of the amended Terms and Conditions on the Site constitutes Your acknowledgement of the Terms and Conditions and their modifications and Your agreement to abide and be bound by them. These Terms and Conditions may not otherwise be amended, except in writing signed by both parties without any notice to You. You hereby agree/undertake/consent that the latest current Terms and Conditions are always available on the Site. Your further usage of the Site after the changes constitutes Your entire understanding and acceptance of the changes and the Terms and Conditions. If You disagree with the current Terms and Conditions or any later version and/or change, then You should not use the Site.

Copyright Information and Site content

1. All content included or available on this Site, including Site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2024 Sevrocuk sp. z o.o., with all rights reserved, or is the property of Sevrocuk sp. z o.o. and/or third parties protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Sevrocuk sp. z o.o. is strictly prohibited.

2. You hereby strictly and fully agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Sevrocuk sp. z o.o.

3. We are not liable for the accuracy, reliability, results and proper use of information obtained through the Site. Using information provided by employees of the Sevrocuk sp. z o.o., and other people associated with the Site (associates) or visitors, is entirely Your own risk. We reserve the right at all times to disclose information that is essential for the criminal prosecution and / or to resolve a legal dispute. The Client has no right to print or copy information from a separate Site for its use for commercial or other purposes, which may violate the rights granted to us by law.

Descriptor

Please note that the charge could appear with one of the following billing descriptors: sportyrm.com +48 22 307 32 97, sportvrm.com +48 22 307 32 97, sprpay.com +48 22 307 32 97, sportiveroom.com +48 22 307 32 97, sptroom.com +48 22 307 32 97, sprtroom.com +48 22 307 32 97, PX-sportiveroom.com +48 22 307 32 97, sportirm.com +48 22 307 32 97.

Last updated on January 12, 2023