GENERAL TERMS AND CONDITIONS FOR USE OF THE FLEXYFIT.BG WEBSITE, THE FLEXYFIT PLATFORM AND THE MOBILE APPLICATION
These General Terms and Conditions (hereinafter referred to as the „General Terms and Conditions“) regulate the relations between ASANA FIT EOOD. in its capacity of owner and administrator of the FlexyFit.bg website, the FlexyFit platform integrated into it and the FlexyFit mobile application and the Users of the services provided through the website, platform, and application.
1.1. ASANA FIT EOOD provides to a User through the felxifit.bg website, the FlexyFit platform integrated on the website and/or through the FlexyFit mobile application, a streaming service for watching videos, as well as online content – articles, surveys, tips, etc.
1.2. The streaming service under item 1.1 of the General Terms and Conditions consists of providing access (by wireless means or by cable or other technical means, in a way that allows this access to be made from a place and at a time individually selected by the user), or through an application (application) for mobile devices with Android operating system, or iOS , to video recordings located on the computer device/devices – server/servers. Access to video recordings is carried out by „streaming“ – a technology that transfers data (including files) from the server(s) to the user’s terminal device, and the transfer is intended solely to allow the visualization (viewing) of video recordings in real time and at the same time is not intended for download, save, copy, retransmission and/or use in any other way of video recordings by the user who has gained access.
- REGISTRATION. AGREEMENT WITH THE TERMS AND CONDITIONS. AMENDMENTS.
2.1. The streaming service under item 1.1 of the General Terms and Conditions is provided to the User after his registration in the system on the FlexyFit.bg website or through the FlexyFit mobile application. Upon registration, the User explicitly declares that he accepts the General Terms and Conditions.
2.2.1. In order to be able to receive the streaming service under item 1.1 of the General Terms and Conditions, the User creates his registration profile in the system on the FlexyFit.bg website, by filling in a registration form on the site or in the FlexyFit mobile application. The user provides the personal data specified in the registration form and chooses his username and password, through which he will identify himself in the system receiving the services of the website. The user uses the same user profile both on the website and in the mobile application.
2.3.1. ASANA FIT EOOD. has the right at any time to unilaterally amend the General Terms and Conditions. Amendments to the General Terms and Conditions shall enter into force on the day of their publication on the FlexyFit.bg website and shall immediately become mandatory for the Users. ASANA FIT undertakes to notify all users of the site of any change in the General Terms and Conditions by a message sent to the user’s e-mail address, filled in the registration form upon registration, as well as by a message placed in a prominent place on the screen for entering a username and password by registered users.
2.3.2. When amending the General Terms and Conditions under the preceding paragraph, by entering his username and password, respectively by loading the website(in case the user himself has chosen his username and password to be entered automatically), the User declares that he is familiar with the amendments in the General Terms and Conditions and accepts the same.
2.3.3. In the event that the User does not agree with the amendments made to the General Terms and Conditions, his access to the system on the FlexyFit.bg website is automatically terminated. ASANA FIT undertakes to create a technical opportunity for subsequent access to the system of the FlexyFit.bg website through the same username and password in the event that upon entering the username and password, respectively with the loading of the web the site (in case the user himself has chosen his username and password to be entered automatically) the User agrees with the amended General Terms and Conditions.
2.3.4. In the event that within 6 months of the last attempt to access the system of the FlexyFit.bg website, carried out after accepting the amendments to the General Terms and Conditions, the User does not agree to the amendments, ASANA FIT EOOD has the right to delete the username and password of the User from the system and website.
III. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The registered user has the right to access the services of the FlexyFit.bg website and /or the FlexyFit application and its full functionality.
3.2. The registration of the User allows access to the streaming service under item 1.1 of the General Terms and Conditions, 24 hours a day, 365 days a year, and for each 24-hour period (starting at 00:00 on each day and ending at 23:59 on the same day) the User has the rights to a total of 150 minutes access to the content of the Service. ASANA FIT Ltd. has the right to transmit to the User advertising messages in the form of static images, video clips and / or sound recordings with advertising content, in a way determined by ASANA Fit, but without interrupting the video recording and / or sounding simultaneously with the video recording to which the User accesses through the streaming service under item 1.1 of the General Terms and Conditions. The content of the advertising messages is determined by ASANA FIT EOOD.
3.3. The user may cancel his registration on the website and the application at any time. In case of termination of the registration, the paid subscription fees (including for the current and/or future one-month periods) are non-refundable. The registration may be suspended unilaterally by ASANA FIT before the expiry of its term, in this case referred to in item 2.3.3. The registration may be terminated unilaterally by ASANA FIT EOOD before the expiry of its term in case of violation of the General Terms and Conditions by the User, as well as in this case referred to in item 2.3.4. In case of suspension or termination of the registration by ASANA FIT EOOD., the subscription fees paid by the User (including for the current and/or future one-month periods) are not refundable.
3.4. Each user has the right to use the access provided with the streaming service under item 1.1 of the General Terms and Conditions only for the purpose of reproduction (viewing) of the video recordings to which access has been granted. The user is not entitled to use the video recordings to which access has been granted in any other way, including but not limited to the right to record and store them on a tangible medium, transmit and / or retransmit (regardless of the way a), broadcast wirelessly, perform in public, etc.
3.5. When using the flexyfit.bg website and/or the FlexyFit mobile application (including, but not limited to, filling out user profiles, posting comments, etc.) the User is not allowed to upload, provide and/or share (share) (via hyperlinks) information and/or any other content that:
– infringes the intellectual property rights of third parties (including, but not limited to, copyrights and/or related rights, trademark rights, industrial designs, etc.);
– contains malicious computer code – computer viruses, spyware, adware, or any other code blocking, damaging, or impeding the permanent or temporary functioning of the website and / or mobile application – the computer system(s) on which it or its database is stored and / or the network and / or mobile devices of other users.
– contains information that can be perceived as such, constituting a threat or having a pornographic, defamatory, racist, anti-Semitic, xenophobic or obscene nature, inciting and/or encouraging hatred related to religion, race, gender, sexual preference, ethnicity, encouraging and/or inciting violence, fanaticism, committing crimes or otherwise violating the law, suicide and/or otherwise contrary to public order and values.
– contains IP addresses or Internet links that transfer to an external site whose content violates the law;
– violates Bulgarian and European legislation and/or the rights of third parties in any way.
3.6. The user should immediately inform ASANA FIT EOOD. of all cases in which the latter suspects that information provided by another user falls within one of the hypotheses of item 3. 5., as well as in any case of doubt that a user uses the service and / or functionality of the website and / or mobile application contrary to these General Terms and Conditions.
4.1. ASANA FIT EOOD has the obligation to take due care to provide access to the streaming service under item 1.1 of the General Terms and Conditions and the other functions of the website and the mobile application.
4.2. ASANA FIT EOOD has the obligation to eliminate all technical problems that prevent the use of the streaming service under item 1.1 of the General Terms and Conditions and / or the other functions of the website and / or mobile application by the User as soon as possible.
4.3. In the event that the use of the streaming service under item 1.1 of the General Terms and Conditions is prevented for a period longer than 48 hours, the term of all accounts in force at the time of the occurrence of the technical problem is automatically extended by a period equal to the period in which access to the service was impossible, from the moment of occurrence of the technical malfunction until its removal.
4.4. ASANA FIT EOOD shall not be liable for uploaded, provided and/or shared (via hyperlinks) information and/or any other content by users, including damages caused to third parties in connection with such content. ASANA FIT EOOD. is not responsible for damages suffered by the User and / or third parties, including damage to health, injuries, or death, due to the use of the streaming service and following the advice posted on the site and / or contained in the video recordings.
4.5. In the event that the User uploads, provides and / or shares (via hyperlinks) information and / or any other content that contradicts these Terms and Conditions, including item 3. 5., and/or uses the streaming service under item 1.1 of the General Terms and Conditions in violation of these General Terms and Conditions, ASANA FIT EOOD. has the right to:
4.6.1. Remove (in whole or in part) User Content;
4.6.2. To completely terminate the registration of a user.
4.7. In case of application of the provisions of item 4.6.2. subscription fees paid by the user are not refundable.
- User is also fully liable for damages caused to ASANA FIT EOOD and/ or third parties that result from the use of the streaming serviceunder item 1.1 of the General Terms and Conditions and / or the other functions of the website and / or mobile application in violation of these General Terms and Conditions.
- INTELLECTUAL PROPERTY RIGHTS
6.1. All copyright and related rights in the works, respectively the performances to which video recordings are provided through the streaming service under item 1.1 of the General Terms and Conditions, on the video recordings to which access is granted, as well as on all materials available on the website and / or the application and which are subject to copyright, belong to their respective holders and are subject to protection under the Copyright and Related Rights Act (CRRA).
6.2. Any use of the works, performances subject to the video recordings, the video recordings themselves, or other works to which access is provided through the streaming service under item 1.1 of the General Terms and Conditions and/or the website and/or the mobile application, which has been made in violation of the General Terms and Conditions. conditions constitutes an infringement of the rights of the holders of copyright and related rights on them and may lead to the commitment of civil, administrative-criminal and/or criminal liability of the violators in accordance with the Bulgarian legislation.
- PROTECTION OF PERSONAL DATA
7.1. The data provided by the User when filling in the registration form under it.2.2.1., respectively under item 3.4.1. are collected and processed by ASANA FIT EOOD. in accordance with the provisions of the Personal Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
7.3. By filling in the registration form under item 2.2.1, the User gives his/her explicit consent to receive unsolicited commercial messages from ASANA FIT, unless he/she explicitly renounces this by marking the relevant box in the registration form.
7.4. The user has the right to object to the subsequent receipt of unsolicited commercial messages by ASANA FIT Ltd. by sending a message to the e-mail address specified in the unsolicited message.
- SUBSCRIPTION FEES. PAYMENT
8.1. The subscription fee for registration, respectively, maintenance of registration on the website, respectively the mobile application is BGN 15 (including VAT) per month.
8.2. The subscription fee is paid by the Users in any of the following ways:
8.2.1. Through the digital distribution platform for mobile applications Apple App Store
8.2.2. Through the digital distribution platform for mobile applications Google Play
8.3. ASANA FIT Ltd. has the right to offer users discounts upon payment of subscription fees for more than one month period.
8.4. ASANA FIT Ltd. has the right to change the amount of the subscription fee at any time. In the event of a change in the amount, the subscription fee, all registrations activated at the time of the change remain active until the end of the paid period, without the users paying the difference in the subscription fee (in case its amount has been increased), respectively without ASANA FIT Ltd. owing a refund of the difference in the subscription fee (in case that its size has been reduced).
VII. ADDITIONAL PROVISIONS
- All notifications under these General Terms and Conditions shall be made in writing by e-mail to the e-mail addresses specified by ASANA FIT Ltd. on the website and/or the application for correspondence with it, respectively – to the e-mail addresses specified by the User upon registration.
- All disputes arising from the agreementof or in connection with the GeneralTerms and Conditions shall be settled through negotiations between the parties, and in the event that the parties cannot reach an agreement, the dispute shall be referred to the competent Bulgarian court for resolution.
- For cases not settled in these General Terms and Conditions, the provisions of the legislation in force in the Republic of Bulgariashall apply .