Regulations

Good morning!

In the Regulations of the Website www.aitrainer.eu and the internet application called AiTRAINER, you will find information on the method of concluding the contract, available payment methods, the procedure for withdrawing from the contract, complaint procedures or available electronic services.

If any provisions of the Regulations are unclear to you, ask a question at contact@aitrainer.eu, we do not leave any message unanswered.

Remember that you ultimately decide how your training looks like! If your health or skills do not allow you to do the full training we have developed for you, please contact our trainer.

In addition, be sure to do research and consult with your doctors before starting a specific diet and training. Let’s take care of ourselves and reach the top of our capabilities!

Best regards and good training!
AiTrainer team

Regulations of the Website www.aitrainer.eu and the internet application AiTRAINER

§1 GENERAL PROVISIONS

The owners, suppliers and co-administrators of the Application are Dawid Markiel, who runs a business under the name of Dawid Markiel, ul. Zabrodzka 40 lok. 2, 52-336 Wrocław, NIP: 8871626847, REGON: 366513121 and Marcin Kawalec, conducting business activity under the name of Marcin Kawalec, ul. Zabrodzka 40 lok. 2, 52-336 Wrocław, NIP: 8951920543, REGON: 366509071, running a business in the form of a civil partnership Inpeak Dawid Markiel Marcin Kawalec S.C. (hereinafter: Owner)
NIP: 8992809630 REGON: 366510542, ul. Lotnicza 139, 54-132 Wrocław, e-mail contact: contact@aitrainer.eu
These Regulations are intended for visitors (hereinafter: Visitor) of the website www.aitrainer.eu (hereinafter: Website) and people who have registered in the web application (hereinafter: User and Application)
The use of the Website requires that the end device and the IT system used by the Visitor meet the relevant technical requirements. The minimum technical requirements of the Website Visitor’s device, enabling full and correct use of the Website, is a device with Internet access, a standard operating system, the latest version of a web browser, an active e-mail address.
The use of the Application requires the fulfillment of the conditions set out in paragraph 4 and, in addition, to have a bike, heart rate monitor or power meter, and to synchronize the User Account in the Application with the Strava or Garmin Connect platform.
The Owner declares that he makes every effort to provide the Users and Visitors to the Website with permanent access to the Website and the Application. However, the Owner does not guarantee that the use of the Website or Application will run without errors and technical breaks. The Owner reserves the right to suspend or limit access to the Website or Application at any time without prior notification to Users or Visitors.
The Owner is not responsible for the content and content of other websites and portals to which the User or Visitor may be redirected by using the links on the Website or in the Application.
Acceptance of these Regulations is voluntary, but necessary for the correct use of the AiTRAINER Application, in particular registering in the Application as a User and using the functions available in the Application, making payments and coordinating training. Acceptance takes place by registering the User and confirming his registration (activation) by clicking on the link sent to the user’s e-mail address provided during registration (double verification).
The Regulations are available free of charge by AiTRANER in the application and on the website www.aitrainer.eu in a way that allows the User / Visitor of the website to read its content and record its content by downloading, printing or saving on an external medium.
Whenever the following capitalized terms are used in the Regulations, they have the meanings indicated in this section, unless the context of their use clearly indicates otherwise:
1. Application – software called AiTRAINER (internet application) through which a registered customer can use the service provided by the Owner.
2. User – Application User, any natural person who is at least 18 years of age, having full legal capacity, a legal person or an organizational unit without legal personality, having an active User Account in the Application.
3. AGREEMENT – an agreement for the provision of electronic services concluded via the Website.
4. User Account – an electronic service run for a fee by the Owners for the User, an individual account protected with a password and assigned to one User’s e-mail address, being part of the Application and platform of the website www.aitrainer.eu, in which the User’s data is collected, data provided in while using the Application and at the stage of updating personal data.
5. Consumer – a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity, which concluded the Agreement.
6. Entrepreneur with the rights of a consumer – a User who is a natural person concluding a contract directly related to his business, if the content of this contract shows that it does not have a professional nature for him, resulting in particular from the subject of his business activity.
7. Services – any Services provided electronically by the Owner available on the Website.
8. Access limitation – permanent or temporary limitation of the possibility to use the Application functions
9. Registration – entering the e-mail address and password via the form available on the Website and activating the User Account by clicking the activation link in the e-mail sent by the Owner.
10. Regulations – these regulations which constitute the content of the Agreement concluded by the Owner with the User.
11. Subscription – the amount of gross remuneration (including tax) specified in Polish zlotys, due to the Owner for the conclusion of the Agreement for the provision of electronic services for 30 days of the Agreement.
12. Scope of the Service – a specific part of the owner’s obligation towards the Application user, which is always specified on the website www.aitrainer.eu and is articulated in the Application.
13. NEWSLETTER – an Electronic Service that allows all Users / Visitors using it to receive cyclical information from the Owner, in particular about the Products offered by the Owner, Promotional Actions, to the e-mail address or telephone number provided by the interested person, with the express consent of the person physical.

§2 GENERAL RULES FOR USING THE APPLICATION.

The Regulations define the rules for the provision of Services via the Application or the Website, in particular the scope and conditions for concluding Agreements. The owners and administrators of the Application and the Website are Dawid Markiel, who runs a business under the name of Dawid Markiel, ul. Zabrodzka 40 lok. 2, 52-336 Wrocław, NIP: 8871626847, REGON: 366513121 and Marcin Kawalec, conducting business activity under the name of Marcin Kawalec, ul. Zabrodzka 40 lok. 2, 52-336 Wrocław, NIP: 8951920543, REGON: 366509071, running a business in the form of a civil partnership Inpeak Dawid Markiel Marcin Kawalec S.C.
NIP: 8992809630 REGON: 366510542, ul. Lotnicza 139, 54-132 Wrocław, e-mail contact: contact@aitrainer.eu.The proprietary copyrights to the above, insofar as they do not apply to intellectual property objects of third parties, belong entirely to the Owners.
Due to the constant development of the Application, the state of technical knowledge, the Owner reserves the right to change the functionality of the Application, in particular as part of the Application or the Website by introducing additional functions, Services, subpages or removing existing ones, as well as changing the technical method of providing the Services, without the need to amend the Regulations, unless the scope of the changes justifies the implementation of the new version of the Regulations or the applicable law obliges the Owner to change the Regulations, after informing the User about this fact.
The Application and the Website are run on the territory of the Republic of Poland, pursuant to the provisions of Polish law. The owner is obliged to service the Application and perform the Agreement with due diligence. The owner reserves the right to make technical breaks in the operation of the Application.
Using the Application is voluntary and payable for each User.
The User undertakes to read the content of the Regulations and to strictly comply with it. Using the Application and setting up a User Account means reading and then agreeing to the conditions set out in the Regulations. Each User is obliged to comply with the provisions of the Regulations from the moment of registering the User Account.
In the event of a breach of the Regulations by the User, the Owner will take actions appropriate to the nature of the breach, including by temporarily or permanently limiting access or deleting the User’s Account and preventing him from re-registering.
The restriction of access to the User Account takes place for a period not longer than 14 days, with the display of information on the User Account as to the reason for the restriction of access and the date of unblocking the User Account.

§3 REGISTRATION AND LOG IN TO THE APPLICATION.

The User Account can be registered by performing the following steps:
1. completing and approving the registration form available on the Website.
2. acceptance of the Regulations by clicking the activation link sent to the e-mail address provided in the registration form.
3. The Owner declares that the first 14 days of using the Application will always be free.
In order to use the full functionality of the Application by the User, it is necessary to meet the technical requirements specified in § 1 sec. 4 and 5.
Upon Registration, an Agreement is concluded between the User and the Owner, the subject of which is the provision of Services in accordance with the Scope of Services.
The User may access the User’s Account (logging in) through the login form available on the Website. Logging in takes place by entering the e-mail address provided during registration and the associated password.
The Owner reserves the right to verify the User’s data provided during registration.

§4 AGREEMENT WITH THE OWNER, DURATION, RULES OF TERMINATION AND RESTRICTIONS ON ACCESS TO THE CUSTOMER ACCOUNT.

The contract with the Owner is concluded for an indefinite period of time upon registration of the User Account.
The Agreement may be terminated by the User at any time without notice.
Termination of the Agreement may take place by selecting and confirming the “Delete Account” option in the Application in the User Account or by e-mail (sending a message with appropriate content expressing the will to terminate the Agreement from the e-mail address assigned to the User’s Account to the e-mail address contact@aitrainer.eu.
The Agreement with the User may be terminated by the Owner in any case – with a monthly notice period, with effect at the end of the calendar month in which the Owner’s notice of termination was made in writing or electronically to the e-mail address provided by the User when setting up the User Account.
Termination of the Agreement results in the removal of the User Account.

§5 PAYMENTS

The remuneration for the Scope of Services corresponds to the value of the variant of using the Application purchased by the User. All variants of using the Application together with the price list are always presented on the Website and in the Application.
One of the conditions for using the Application is the payment of the Subscription by the User.
Payment for Subscription is made in advance for a period of 30 days and is calculated in days.
The subscription paid is not refundable.
The term of the Subscription is indivisible and uninterrupted.
The subscription is always assigned to the User Account and cannot be transferred in any way.
Payment can be made using Visa, Master Card, American Express payment cards using the Stripe payment system.
Each subsequent fee for the Subscription, in connection with the conclusion of the Agreement for an indefinite period, except for the first payment, will be charged cyclically and automatically on the date of payment due date for the next 30-month term of the Agreement.
In the event of a change in the value of the price list or the terms of use of the Application, the User will be informed in advance. In such a situation, the User has the right to unsubscribe and new fees will not be charged to him from the next billing period.

§6 METHOD AND DATE OF PAYMENT

The User, via the Application, selects the Scope of Services he wants to use. Then, the User pays for the Subscription for a specific Scope of Services using a payment card.
The condition for a successful subscription purchase transaction is correct account registration in the Application / Website, payment for the Subscription and acceptance of the Regulations.
The User, via the transaction page in the Application, makes the payment for the selected Scope of Services.
The payment is made on the date the funds are credited to the Owner’s bank account number.

§7 COMPLAINT PROCEDURES

The User and the Visitor have the right to use the complaint procedure, under which they may submit their objections as to the Scope of Services or the Application, in particular the rules of the Application’s functioning, issues related to the settlement of the Website’s payments or the Owner’s provision.
Complaints regarding the Scope of Services or the Application may be submitted in electronic form to the following e-mail address: contact@aitrainer.eu or in writing to the Owner’s address indicated at the beginning of the Regulations.
The complaint should contain at least the name and surname, e-mail address and description of the reported reservations, and if possible – also photo documentation. If the data or information provided in the complaint need to be supplemented, before considering the complaint, the examiner asks the person submitting the complaint to supplement it in the indicated scope.
The owner recognizes the complaint within 21 days from the date of its receipt. The answer will be sent in the same form as the complaint, unless the content of the complaint shows that the User or the Visitor has expressed the will to receive it in a different form.
If the complaint is accepted in whole or in part, the amounts requested by the person who submitted the complaint will be returned to him within 14 days from the date of acceptance of the complaint.

§8 WITHDRAWAL FROM THE CONTRACT

A Customer who is a Consumer who has concluded a distance contract may withdraw from it without giving any reason and without incurring any costs, except those provided for by law, within 14 days from the date of registration of the User Account. The above also applies to the Entrepreneur – Consumer, who declares that he exercises the right to withdraw from the contract pursuant to art. 38a of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended), because he concluded a contract directly related to his business, and the contract itself is not of a professional nature.
To meet the deadline, it is enough for the Consumer or Entrepreneur – Consumer to submit a statement to the Owner before its expiry. Consumer or Entrepreneur – The consumer may submit any unequivocal statement in which he will inform about his withdrawal from the Agreement.
The declaration of withdrawal from the Agreement may be submitted, for example, in the following forms:
in writing to the following address: Inpeak, ul. Lotnicza 139, 54-132 Wrocław;
in electronic form via e-mail to the following address: contact@aitrainer.eu.
In the event of an effective withdrawal from a distance contract, the contract is considered void.
If the Consumer or the Entrepreneur – Consumer exercises the statutory right of withdrawal, the Owner shall refund the payment using the same method of payment as used by the Consumer, unless he has expressly agreed to a different method of return, which does not involve any costs for him.

§9 LIMITATION OF THE OWNER’S LIABILITY

The User uses the Application and its content at his own risk. Programs, workouts, exercises and any related activities provided through the Application may pose a risk even to healthy people. The Application User is guided by his own judgment and common sense as to his skills, physical preparation, health condition and the place where he performs exercises and trainings.
The User decides to participate in programs, trainings, exercises and any related activities provided through the Application and voluntarily and voluntarily, knowingly and voluntarily bearing all the risks associated with such activities.
The User, by joining the programs, trainings, exercises and any related activities made available through the Application, is aware of and agrees that the Owner will not carry out any inspections and supervision, nor will it engage in the preparation, execution and conduct of any activities related to the control of the manner in which the User uses the services and information provided through the Application.
The user is obliged to take care of their own safety in the place of exercise and training, to comply with the applicable road traffic regulations, to monitor the behavior of their body and to assess their health condition during exercise.
The information provided through the application is for information purposes only, and the Owner is not responsible if the User, following the instructions and information provided through the Application, or in the event of inability to use these services and information, suffers an injury, illness or any other detriment to health or loss of life.
The Owner, by providing information and services via the Application, provides general advice and does not provide professional medical advice. The services are not medical services or devices, and the data provided through them is not intended to be used for medical purposes, or to identify, treat or prevent diseases, ailments or injuries.
The owner is not responsible for any health problems resulting from exercise based on training programs, dietary recommendations, the use of advice or products, or participation in events, including events about which the User learned through the information and services provided via the app.
The use of information and services provided through the application does not constitute or establish a doctor-patient, therapist-patient relationship, or any other type of relationship with a healthcare professional. The services and information provided through the application are not and should not be used in place of the advice of a physician or other medical specialist, a visit, conversation or consultation with a physician or other medical specialist, or information contained on / in any product packaging or label.
Before using the services and information provided through the application, in connection with any physical activity or training programs or dietary programs or advice, it is the responsibility of the User to consult a physician and consider the associated risks. In the event of any health concerns, injury or accident, the User must immediately call their doctor or the local emergency number.
By using the services and information provided through the application, each User represents and warrants that he has received his doctor’s consent to participate in programs, training, exercises and any related activities provided through the application, and that he has consulted a physician before making any dietary changes based on the information available through the app.
The user declares that he is fully aware that the use of the application entails an inherent and significant risk of property damage, personal injury or death and voluntarily undertakes all known and unknown risks associated with these activities, even if caused in part or in part. all by the action, inaction or omission on the part of the Owner or the act, inaction or omission on the part of others.
The Owner does not bear any responsibility for any activities of third parties, or for any events, races, contests, activities, sports activities, or sporting event which uses the services and information provided through the Application or the Owner’s information and services promoted for their through.
The Owner reserves the right to modify, suspend or discontinue any services or functionality of the Application at any time without notifying the user. The owner is not liable to the user or third parties for any damage, health, injuries, injuries in the event of modification, suspension, modification or cessation of services offered through the application.

§10 FINAL PROVISIONS, CHANGES TO THE REGULATIONS

The law applicable to the Regulations and the Agreement is Polish law.
All disputes arising under the Agreement and the Regulations undertake to resolve in the first place by negotiation and amicably. If it is necessary to pursue your rights before the court, the local common court for all matters referred to in the preceding sentence will be the court competent for the seat of the Owner.
The owner reserves the right to make changes to the Regulations (subject to other changes mentioned in the Regulations above), at any time on the terms described below.
The Regulations may be changed for the following reasons:
1. changes to the provisions of law generally applicable in Poland, affecting the content of the Regulations,
2. technical changes to the Application or its functionalities,
3. changes in the scope of services provided by the Owner,
4. editorial or linguistic changes,
5. organizational changes,
6. for reasons of security or privacy protection,
The changes made to the Regulations will be notified to the User by e-mail sent to the e-mail address associated with the User’s Account, no later than 14 days before their entry into force, unless otherwise stipulated by generally applicable law. The Owner may amend the Regulations without meeting the deadline referred to in the preceding sentence, if required by law or it is necessary to ensure the security of the Application or its users.

§11 TECHNICAL SUPPORT

Any questions, comments or suggestions from Users regarding the Application and its functionality can be sent to the email address: contact@aitrainer.eu.

Regulations, version 1.0 dated […] 2021