RULES AND REGULATIONS of using SOLO Coach application

Effective date: 01.09.2023

1. DEFINITIONS:

1. Rules and Regulations – these Rules and Regulations.
2. HKM (Provider) – company HEAVY KINEMATIC MACHINES sp. z o.o. with its registered seat in Komorowo, 64-200 Komorowo, municipality: Wolsztyn, county: wolsztyński, province: wielkopolskie, Poland (Tax Identification Number [NIP]: 9231712219, REGON No.: 367706684), entered in the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, I Economic Division under number: 0000685412.
3. Application – an application for mobile devices named ”SOLO Coach” available for free download in Google Play and Apple Store online shops, which is software operating on Android, IOS and other smartphones provided they are connected to the Internet network with the use of wireless technology (3G, LTE, Wi-Fi).
4.  Club – Trainer’s account administrator who assigns the Trainer to a specific place where exercises are performed
5. User (Orderer) or Trainer – a natural person who uses Application and complies with the requirements set forth in Rules and Regulations. The User obtains his rights through the Club’s decision. You can become a Trainer only by providing an invitation to the Application by the Club.
6. Trainer’s Client – a User who has registered an Account in the SOLO Coach twin Application and uses the functions provided by the Trainer and, with his/her consent, provides data to the Trainer.
7.  Service Agreement – an agreement for providing services by electronic means by HKM for the benefit of User entered into pursuant to Rules and Regulations between HKM and a particular User whose content is in line with Rules and Regulations. Service Agreement shall be entered into upon User downloading Application and concluding the installation process. 
8. Service –  an electronic service being the object of Service Agreement, consisting in:

• access to resources and functions of Application including, without limitation, information on parameters of the completed workouts and recommendations with respect thereto and other content in line with the nature and uniqueness of Application in the scope which does not require Account registration;
• access to resources and functions of Application including, without limitation, information on parameters of the completed workouts and recommendations with respect thereto and other content in line with the nature and uniqueness of Application in the scope which requires Account registration; and
• the creation and maintenance of Account in Application.

9. Account – an account in Application maintained for Registered User by HKM under a unique name (login) being a set of resources where particulars of Registered User and information on the User’s activities in Application are stored.
10. Consumer –  a natural person entering into a legal transaction with HKM not directly related to his business activity or profession.
11. Entrepreneur – a natural or legal person or organisational unit referred to under sec. 33¹ (1) of the Polish Civil Code running business activity or performing profession in its own name.
12. Digital Content – data produced and delivered in a digital form irrespective of whether they are accessed through downloading or streaming, from a tangible medium or through any other means.  
13. Personal Data – any information related to an identified or identifiable natural person.

2. INTRODUCTION.

1. Welcome to SOLO Coach application, which supports Users in fulfilling their fitness goals. 
2. These Rules and Regulations were executed in order to clearly specify our mutual rights and duties. Using SOLO Coach application is tantamount to giving consent to all provisions herein below and Privacy Policy, which constitutes an integral part hereof. If you wish not to give consent to any of the provisions hereof, you may not use Service. Rules and Regulations set forth rules and terms and conditions of providing Service by HEAVY KINEMATIC MACHINES sp. z o.o., including, without limitation, terms and conditions of sharing Application together with the content therein. Rules and Regulations shall constitute an integral part of Service Agreement, which shall be entered into upon installing SOLO Coach application.
3. Accepting these Rules and Regulations shall mean giving consent to automatic Updates. These Rules and Regulations shall be applied to all Updates of our Service. 
4. SOLO Coach application may be used by Registered Users (i.e. after creating Account). 
5. Application cooperates solely with SOLO exercise machines. We equipped the machines with sensors enabling Application to read the necessary parameters. Check where to find them.
6. The owner of SOLO Coach application is company HEAVY KINEMATIC MACHINES sp. z o.o. with its registered seat in Komorowo 4, 64-200 Komorowo, municipality: Wolsztyn, county: wolsztyński, province: wielkopolskie, Poland (TAX Identification Number [NIP]: 9231712219, REGON: 367706684), entered in the National Court Register kept by the District Court Nowe Miasto and Wilda in Poznaniu, I Economic Division under number: 0000685412.
7. You may sent inquiries or recommendations via email: info@soloworkout.com. 
8. DISCLAIMER WITH REGARD TO PHYSICAL ACTIVITY AND RISK ASSUMPTION:

         Users’ health is very important to us. Before using Service it is vital you consult a physician and consider the risk involved. It is important to us that Users be healthy and at the same time accomplish their fitness goals. We request them, however, to act responsibly and be guided by own common sense. Our Services are provided solely for information purposes. We shall bear no liability for the sustained injuries or harm to health. Service shall not replace a physician nor it shall be liable for Users’ behaviour. It shall not be a purpose of SOLO Coach application to supplement or, in particular, replace information from physicians, physiotherapists or osteopaths. Service shall not constitute medical recommendations. Service shall be solely of informative nature. In view of the above, the Service’s content, text, graphics, images, information and services received from other Users, services of licence suppliers and other materials placed in Service shall be solely of informative nature. The content of Service shall not be used for providing medical recommendations, diagnosing or treating. Furthermore, Service shall not constitute a source of dietary recommendations or recommendations for gaining physical fitness and shape. By adopting these Rules and Regulations User shall confirm the exclusive liability for his health.

         Users’ condition and abilities vary, and User participates in the activities promoted by our Services at his own risk. If User decides to participate in such activities, he shall do so of his own accord by virtue of his consent, knowingly and voluntarily taking all risks related to such activities. 

Activities promoted by Service may pose a threat even to healthy persons. 

        You acknowledge and agree that we shall not conduct any physical control nor supervise activities related to the use of Application nor bear liability therefor. The User is responsible for using the Application on his own behalf and at his own risk. When giving advice to the Clients of the Trainer, the User takes responsibility for such advice. You expressly agree and acknowledge that using Service involves a certain intrinsic and significant risk of property damage (e.g. your telephone), bodily harm or death and that you voluntarily accept all known and unknown risks related to the said activities even if caused fully or partly by acting, failure to act or negligence by HKM (except damage done knowingly by HKM).

         IF YOU BELIEVE YOU MAY SUFFER FROM A MEDICAL PROBLEM, CALL A PHYSICIAN IMMEDIATELY. NEVER RESIGN FROM MEDICAL CARE SOLELY BECAUSE YOU HAVE USED SERVICE. YOU ENGAGE IN ACITVITIES SOLELY AT YOUR OWN RISK.

9. HKM shall bear no liability for the User’s use of or effects of the use of data created or delivered by Application including, without limitation, recommendations for a manner of doing exercise. User expressly acknowledges that such data or content may contain errors and HKM shall bear no liability for the accuracy of such data to the extent permitted by law.
10. We inform that due to the public nature of the Internet network, by means of which Service is provided, using Service may involve a risk related to interference of third parties in the transmission of data sent by means of Service between Application and User. We pay particular attention to a risk related to using User Account by unauthorized persons if User fails to act with due care and diligence while maintaining confidentiality of a unique User name or access password or shares such information with any third parties.
11. These Rules and Regulations shall be published in various languages,  in the event of a dispute, however, the Polish version hereof shall bind the Parties.
12. These Rules and Regulations shall be freely available under the following electronic address: https://www.soloworkout.com/solo-coach-regulamin in so far as to enable them to be downloaded, recorded and printed. 
13. Notwithstanding any provisions hereof, it is important to bear in mind that the applicable law provisions of certain legal systems may not allow for the revocation or limitation of a certain kind of guarantees, liability or compensation, in view of which some of the  exclusions and limitations included herein may not apply to particular Users. In addition, an expression “to the maximum extent permitted by law” and other expressions  of similar effects shall be deemed removed from these Rules and Regulations in all places where due to a legal system they shall have no legal force.
14. These Rules and Regulations shall have no intention of excluding or limiting any rights enjoyed by Consumers by virtue of mandatory law provisions, and any doubts shall be interpreted for the benefit of Consumer. Should there be any discrepancy between these Rules and Regulations and the said provisions, the said provisions shall have priority and shall be applied. Simultaneously, HKM indicates that pursuant to sec. 6(2) of Rome I Regulation it shall choose the Polish law as the governing law for agreements concluded with Consumers, including agreements for providing electronic services.
15. HKM’s registered seat is in Poland. We inform that the access to Service is lawful by Polish law. We shall not guarantee that using Service outside Poland is lawful for all persons or in all countries. If you gain access to Service from outside  Poland, you do it on your own initiative and you shall be liable for complying with the local law. Service shall not be used for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be non-compliant with the law or regulations or where it would oblige HKM to register in a given jurisdiction or country. 

3. Object of Service Agreement.

1. The object of Service Agreement shall be the provision of electronic services by HKM consisting in the following:

• access to resources and functions of Application including, in particular, information on parameters of the workouts made by the Clients of the Trainer and recommendations with respect thereto and other content in line with the nature and uniqueness of Application; and
• the creation and maintenance of Account in Application.

2. Service Agreement shall be concluded for an indefinite period of time. Rules and Regulations shall be a part thereof.
3. Application enables the automatic monitoring of the course of physical exercise of Trainer’s clients with the use of machines equipped with SOLO system, which enables Application to record necessary parameters by means of author’s sensors. Application also allows for planning workouts, monitoring body weight and many other acts; in the case of exercise with the use of machines without SOLO system, Application allows for manual entries of data of the exercise done. Check where to find them. The Trainer’s client, after sending an invitation to the trainer, provides him with all the data on his Account. The Trainer, with the Client’s voluntary consent, will have access to all Client’s data contained in the Application, i.e. data on activity on fitness equipment, i.e. parameters of the exercise performed, e.g. weight lifted, number of series and repetitions, distance traveled, speed.
4. Application is dedicated to Android and iOS telephones.
5. We shall not charge for using Application. However, Users shall be still subject to standard rates of their telephone operators related to text messages, data transfer and other services.
6. HKM shall reserve the right to a temporary or permanent change of Application parameters provided free of charge, including the right to discontinue the provision of free services.
7. Application may be used by Registered Users (i.e. upon creating Trainer’s Account provided by the Club). 
8. Recording, securing and sharing with User the content of the concluded Service Agreement shall take effect by sharing these Rules and Regulations in Application.

4. Who may use SOLO Coach application. Users of SOLO Coach application may exclusively be natural persons who:

• by law are entitled to individually conclude contracts and agreements and who attained the age of at least 16 (sixteen) years;
• The club has assigned the Trainer to a specific place where the exercises are performed,
• accepted Rules and Regulations;
• accepted Privacy policy;
• waived liability for physical activity and gave consent to the assumed risks;
• allowed Application to use a location module function on a mobile device;
• activated a location module on a mobile device;
• ensured technical parameters required to start Application referred to under 5 herein below; and
• entered at least their name, sex, e-mail address.

Giving consent to receiving commercial and marketing information shall be voluntary and shall not affect the possibility of using Service – more in Privacy Policy and Cookies.

5. Technical conditions. Technical conditions of using Application are essential as regards its proper operation, image and the security of the transmitted data. Service may solely be used on a mobile device which has:

• access to Google Play or App Store,
• Internet connection,
• Android system (7.0 version or newer) or iOS (13.2 version or newer) installed,
• active and correctly configured service of data transmission provided by a telecommunications operator or active wireless connection,
• downloaded and installed Application,
• location module,and
• access to electronic mail.

CAUTION: Downloading and using Application may involve an obligation on the part of User to pay charges to third parties such as mobile operators or Internet suppliers. HKM shall bear no liability for the amount of any charges imposed on User by any third parties. HKM shall bear exclusive liability for providing assistance and support of Service and receiving any complaints related thereto. A shop from which Application is downloaded shall bear no liability with respect thereto.

6. Entering into Service Agreement using Service.

1.  In order to use SOLO Coach application, Application from Google Play store or App store shall be downloaded and installed. Service Agreement shall be concluded upon the completion of the installation of Application.
2. HKM may introduce new services to Application, the use of which shall be paid. In such event, using an additional paid service shall require placing a separate order whose terms and conditions including its price shall be specified in Rules and Regulations and Application.
3. Service Agreement shall be concluded for an indefinite period of time. Rules and Regulations shall be a part thereof.
4. HKM may send User emails, text messages, push notifications, alerts and other messages related to Service. In addition, HKM may send User marketing emails, text messages and push notifications, however, solely  upon express User’s consent granted by actively checking a consent box in response to an inquiry about such consent. Upon downloading Application, User shall be requested to accept or opt out of  marketing push notifications. If User opts out, he shall not receive any marketing push notifications. If User accepts marketing push notifications, he shall have them automatically sent. User may at all times unsubscribe to marketing push notifications from Application by deactivating “notifications” option in the “Settings”  menu in Application.
5. Service shall require activating a location module on a mobile device. Due to technological solutions in contemporary smartphones.

7. Registering User Account.

1. Creating Account in Application shall require a one-off and free User registration and assignment by the Club to a specific place of exercise.
2. A service of Account maintenance shall be available upon the completion of registration.
3. HKM shall offer two ways of registration:

• by means of Application: in order to register User submits information he is asked for in the registration form, i.e. an email address and password – the data shall be complete and correct;
• by HKM receiving registration data submitted by User on a social networking site:

• for Android systems: Facebook or Google –through Facebook Connect or Google Sign-In. Such action requires that User confirm that the selected data User previously  submitted to Facebook or Google shall be received by HKM. User may then add or remove such data on his Account in Application (more on: https://support.google.com/accounts/answer/112802?co=GENIE.Platform%3DDesktop&hl=pl or https://www.facebook.com/help/296477730509390 ).
• for IOS systems. Such action requires the User to confirm that selected data that the User previously provided to Apple will be accepted by HKM. You can then add or remove such data in your In-App Account. (more: https://www.apple.com/legal/privacy/en-ww/).

4. Persons entitled to conclude agreements in their own name may exclusively register / create Account in Application.
5. Registering Account shall require the submission of the following data:

• an email address which shall be used as a login to log into Account, to retrieve a password to Account and to activate Account; and
• a password to Account.

6. If User registers Account through Application, he shall indicate his email address, password to Account and name, sex, description of yourself, avatar..
7. If User registers Account through Facebook Connect, User’s name, profile photo and other public information shall be delivered to Application by Google Sign-In. A profile photo shall be set up as a User’s avatar in Application. User may manage a profile photo in Application from the level of Application (may remove it or add photos other than delivered by Facebook Connect). A necessary condition for using the option to log in through Facebook Connect is that User shares his email address disclosed on User’s Facebook account with Application. If User wishes not to disclose such email address or wishes to indicate another email address when registering, he shall use the option of registering Account in Application. 
8. If User registers Account through Google Sign-In, User’s name, profile photo and other public information shall be delivered to Application by Google Sign-In. A profile photo shall be set up as a User’s avatar in Application. User may manage a profile photo in Application from the level of Application (may remove it or add photos other than delivered by Google Sign-In). A necessary condition for using the option to log in through Google Sign-In is that User shares his email address disclosed to Google with Application. If user wishes not to disclose such email address or wishes to indicate another email address when registering, he shall use the option of registering Account in Application.
9. The registration of Account shall be completed upon HKM sending to User to the indicated email address an Account activation link. 
10. User shall within 24 hours clink on an Account activation link sent to the indicated email address. If User fails to do so, the access to Account shall be blocked until Account is activated.
11. By registering User confirms his knowledge and acceptance of these Rules and Regulations together with Privacy Policy, which constitutes an integral part hereof. In addition, User confirms that all data provided when registering shall be true, precise, current and complete and shall update all such data.
12. Each User shall register in Application only once.
13. Upon successful registration User may log into Application by:

• entering User’s email address and password or
• logging in through Facebook Connect or Google Sign-In (Android/iOS system).

14. HKM shall reserve the right to decline the User’s registration without stating the reason. In such event all submitted data shall be immediately removed.
15. If User submits untrue, imprecise, outdated or incomplete information or if HKM has the reasonable cause to believe that such information is untrue, imprecise, outdated or incomplete, HKM shall have the right to immediately and without notice suspend or close Account of such User and decline the present or future use of its Service (or any part thereof).
16. In each case, HKM shall reserve the right to contact User from time to time in order to verify the data submitted when registering.
17. HKM shall bear no liability for the actual User’s identity as determining a person’s identity by means of the Internet is possible only to a limited extent.
18. User shall have the right to delete his Account. In order to do so, User shall contact HKM. Such Account shall be marked as allocated for deletion and deleted after the lapse of 7 days. At that time any attempt to log in shall fail and the following announcement shall be displayed: “Account marked to be deleted. In order to stop the process of using Account you shall contact HKM.”

8. Complaints.

1.  Complaints of Service may be filed by means of communication channels indicated under 2(7) herein (Contact).
2. A complaint shall include, without limitation, the following:

• a designation of the User filing a complaint (including but not limited to an email address used to log into User’s Account),
• a description of circumstances being grounds for the complaint (e.g. failure to log in), and
• the expected manner of handling the complaint.

3. A complaint shall be handled within 14 (fourteen) days of from the receipt thereof. If such complaint lacks data indicated hereinabove or in order to handle such complaint the submission of additional data is required, User shall be asked therefor and the complaint shall be handled no later than within 5 (five) days of supplementing such data.
4. A reply specifying a manner of handling a complaint shall be sent to the email address associated with User Account unless another email address for the reply was indicated in the complaint.
5. Complaints related to any Application functions shall be filed with HKM. A shop from which Application was downloaded shall bear no liability with respect thereto.

9. Using Application and workout results.

1. Operation of Application is based on the basis of a limited set of information resources concerning Trainer’s client  (entered by Client in Application). Application shall not have access to Trainer’s client medical history or test results, including, without limitation, any information on Trainer’s client’s diseases or injuries, therefore, before commencing to use Application it is advisable Trainer’s client contact a physician who will assess the risk and admissibility of using Application by a particular User. For activities related to the use of the application by the Client of the Trainer, including e.g. Only the Trainer is responsible for performing exercises and setting a diet.
2. A multitude of factors affecting the process of fitness exercise causes that HKM does not guarantee that using Application will lead to the intended result or will not cause undesirable side effects. In the event of side effects in the Client of the Trainer, the Trainer should immediately recommend discontinuation of further use of the Application and consultation with a doctor. The Trainer uses the Application at his own risk and is responsible for the Trainer’s Clients.
3. Effects of using Application by different Users may vary.
4. Application is not dedicated to children, adolescents, pregnant or breastfeeding women and diabetics (irrespective of the type of diabetes) and persons suffering from other chronic diseases or acute illnesses (including without limitation: heart condition, osteoarticular disease and persons with history of injuries or surgery). It is advisable that the said persons not use Application.
5. Application is not a source of medical knowledge and the information contained therein is not medical recommendations and shall not be treated as a substitute for a physician’s or physiotherapist’s consultation. 
6. HKM shall not hold information on the Trainer’s clients as well as the Trainer’s health condition,  in view of which HKM shall not control it. Trainer’s clients as well as the Trainer shall take care of their health by themselves, and also have appropriate medical tests taken. 
7. HKM points out that the requirements of certain exercise, the Trainer’s clients as well as the Trainer’s health condition and other factors and parameters may affect the necessity to prepare a more individualized workout schedule which Application does not offer.

10. Services by external entities.

1. Our Service may contain links to services or products of external entities such as social media or interact with such services or products or be available therein. In the event of gaining access to services of external entities, it is important to bear in mind that when using such type of services rules and regulations and privacy policies other than these shall apply.
2. Online accounts on other platforms. Social networks. Registered User may allow access to Service or log into Service through Internet services of external entities, such as social media and social networking sites or connect User’s Account with online accounts which User holds on platforms owned by third parties and served by them, e.g. Apple or Google (hereinafter jointly referred to as “Social Services”). HKM may ask Registered User to confirm his identity in order to use such functions and options. As part of the said integration, Social Services shall enable HKM to access certain information submitted to them by User, and HKM shall use, store and disclose it in line with Privacy Policy. It is important to remember that a manner in which services of external entities, including Social Services, use, store and disclose information related to User is governed solely by policy rules of such external entities and that HKM shall bear no liability for such entities’ practices (including without limitation practices related to privacy) or other activities related to any website or service of external entities which may be activated as part of Service provision. In addition, HKM shall bear no liability for the accuracy, accessibility or credibility of any information, content, goods, data, opinions, advice or statements shared in connection with the service of social networks. Therefore, HKM shall bear no liability for any damage or loss caused or allegedly caused by or in connection with using any of such services of social networks or action based thereon. HKM shall bear no liability for the accessibility of Social Services nor their functions or content, nor any damage or loss sustained in connection with using Social Services or a merger of accounts.
3. Applications of external entities. Registered User may gain access to certain links, applications, content, services, discounts, special offers or other events or activities of external entities by means of our Service. If User wishes to gain access to an application of external entities, he may be asked to log in and synchronize his Account with such applications. User shall not be obliged in any way whatsoever to use any applications of external entities. User shall access and use such applications solely at his own risk, and HKM shall bear no liability with respect thereto. In addition, HKM shall bear no liability for the accuracy, accessibility or credibility of any information, content, goods, data, opinions, recommendations or statements shared in any application of external entities. HKM shall bear no liability for any damage or loss caused or allegedly caused by or in connection with using any external entities application of such type or action based thereon.
4. Mobile services. Application shall be available on a number of platforms, however, HKM shall not guarantee that Application is compatible with User’s devices (should there be any questions or problems, User may contact Customer Service).
5. Operators of wireless networks. HKM shall not charge for using Application. However, User shall still be subject to standard rates of his telephone operator related to text messages, data transfer and other services.
6. Express consent to using text and mobile messages. By downloading or using Application User gives consent that replies to his messages be sent by means of Service and information on using Application be sent to us automatically from his device. HKM shall not send direct marketing messages without User’s prior express consent.

11. User’s obligations.

1. By using Application User shall give consent to complying with all applicable laws, rules and provisions including but not limited to rights related to author’s rights and other use of intellectual property and privacy.
2. Non-compliance with the said obligations may result in blocking access to Service and may expose User to legal liability including compensatory liability.
3. Each User shall submit, regularly update and supplement true registration data. User shall submit solely true data related to himself, on the basis of which HKM shall assess User’s compliance with certain formal terms and conditions set forth in Rules and Regulations required to provide Service and introduce changes thereof solely insofar as to reflect factual circumstances current at a given time. 
4. Each User shall protect his personal data entered in Application in particular by maintaining confidentiality of the data used to log in (also not disclosing the same to third parties).
5. Each User by accepting these Rules and Regulations shall comply herewith and shall not do any of the following acts, without limitation:

• interfere in the operation of Service by applying technical or electronic solutions  including, without limitation, hacker attacks, placing viruses/bugs/Trojans or others whose aim is to discontinue, disrupt, change, damage or limit any part of Service;
• copy, distribute, transmit or collect by means of technical solutions, e.g. indexing robots or bots, the available data without HKM’s consent;
• modify, adjust, decompile or publicly display any part of Service, except otherwise provided herein;
• copy, download, distribute or transmit the content provided by Service or personal data of other persons without HKM’s prior written consent or authorization;
• resell, sublicense or lease with the right to collect fruits any content related to Service;
• impersonate another person or pretend to be a person other than himself; falsely present User’s connection to any individual or entity in connection with Service or state or suggest that HKM supports statements made by User; or
• invade privacy, image, intellectual property or other property right enjoyed by third parties or any applicable law provisions or local laws related to the Internet, data, electronic mail, online behaviour  and technical data transmission.

6. In the event User is in breach of generally applicable law provisions or these Rules and Regulations as a result of using Service, HKM may, depending on such breach, take reasonable legal or organizational measures against User including but not limited to:

• giving a warning;
• blocking User from using Service;
• blocking User’s Account registered in Application; or
• deleting Use’s Account registered in Application.

7. A type of such sanction shall depend on the purpose, effects and type of breach. 

12. Service updates, changes and limitations

1. Our Service is constantly developing. Upon activating new functions of Application we need to be able to flexibly introduce changes and impose limitations to certain other functions and at times suspend or withdraw the same. Service may not function properly if User fails to install the updates which we introduced thereto.
2. The functions and form of Application shall be subject to frequent changes and may change without notice.
3. We may provide updates (including automatic updates) of Application if and when HKM deems it appropriate. Such updates may involve improvements, modifications, error correction, patches and any other corrections or introduction of new functions (hereinafter jointly referred to as “Updates”).  Certain parts of Service may not function properly if User fails to install all Updates. User shall hereby acknowledge and agree that Service may not function properly if User fails to allow Updates. Accepting these Rules and Regulations shall mean giving consent to automatic Updates.
4. These Rules and Regulations shall apply to all Service Updates. HKM may introduce, suspend or completely remove from offer changes of one or all functions at any time. The above may also apply to the availability of any functions, databases or content. Furthermore, HKM shall have no obligation to introduce any Updates nor continue to offer certain functions.
5. There might be interruptions in Application operation for technical reasons including, without limitation the need to maintain Application or its managing systems. HKM shall notify Users of any intended interruption in Application operation by placing an appropriate notification directly in Application and/or on our websites in social services.
6. Interruptions in Application operation and Service provision may also be caused by inadequate quality of connection, damage or telecommunications device defects, failure of telecommunications network, power systems, equipment or interruptions in power supply or any other interference in third parties transmission.
7. Access to Application or Service may also be blocked by HKM. HKM may use the right to block or limit access to Application in particular when User uses Application in non-compliance with these Rules and Regulations, law provisions or in a manner exposing User or any third party to damage. HKM shall bear no liability for temporary limitation to access to Application for the time necessary to remove the found breach and threats.
   
8. Monitoring and suspending Service. HKM shall reserve the right to decline access to Service to any person and monitor, withdraw or suspend User’s Account or access to Application from time to time.

14. Discontinuance of Application by User.

1. User shall have the right to discontinue Application at any time. In addition, the Club has the right to remove the Trainer from the place where he exercises, which may result in loss of communication with the Trainer’s Clients.
2. The discontinuance of Application shall not mean deleting Account from Application.
3. In order to delete Account in Application, User shall contact us via info@soloworkout.com and express such wish to delete Account in Application. After doing so, within 24 hours of receiving such notice (no public holidays or weekends shall be included in the said 24 hours) HKM shall send User an email requesting to confirm the deletion of Account in Application. Upon receiving such confirmation, Account shall be blocked. At that time an attempt to log in shall fail. Account shall be deleted after 7 days of confirming such request to delete Account. User shall remember that after Account is deleted, there might still be data stored on his mobile device. 

15. Withdrawal of Application. 

1. HKM shall reserve the right to withdraw Application. Users shall be notified of the withdrawal prior thereto. At that time two limitations shall apply:

• it might not be possible to download Application on another device; and
• HKM shall not update Application during such time. It shall mean that if an operating system of the User’s device was updated or in the event of changes of technical services of other third parties during that time, further use of Application may not be possible. HKM shall not bear liability therefor. 

2. Notice of withdrawal shall be sent by HKM via email or by means of Application.

16. Limitations to liability.

1. HKM shall bear liability for Service in line with the applicable law regulations notwithstanding the grounds for such liability (prior to agreement, contractual or tort) solely in the event of causing damage by HKM intentionally or as a result of gross negligence.
2. HKM shall, in particular, bear no liability towards other companies (entrepreneurs) for damage resulting from  failure to perform or improper performance of Service Agreement (e.g. for secondary damage, exclusively monetary losses, lost benefits, loss of profit or damage resulting from third party claims) except damage caused by HKM intentionally.
3. To the maximum extent permitted by law and under certain circumstances (including, without limitation, negligence) HKM shall bear no liability towards Users or any external entities for Service under circumstances directly specified in Rules and Regulations and, additionally, for any of the following damage, without limitation:

• any kind of indirect, accidental or special damage arising from the reliance on Service or Application, including damage of criminal nature;
• loss of profit, revenues, data, ability to use, company’s value or any other tangible or intangible loss;
• damage related to gaining access to, using or being unable to gain access to Service;
• damage resulting from conduct of any external entity or Service User;
• damage in any way associated with products or activities of external entities, to which access may be gained by means of Service;
• damage resulting from placing equipment on which Application was installed in grippers / stands located on exercise machines;
• damage to equipment on which Application was installed in connection with its installation or use;
• damage to health or body resulting from using Service or content thereof or as a result of other forms of using Service;
• damage, including damage to health and body, resulting from using Service (including, without limitation, damage as a result of participating in all activities promoted by means of Service or activities to which access may be gained by means of Service;
• damage, including damage to health and body, resulting from using Service and using machines without SOLO system;
• damage related to using, disclosing, displaying or storing User’s personal data;
• damage resulting from any other interaction with HKM or other Users by means of Service;
• damage resulting from content or information received or promoted by means of Service or received by means of links placed therein;
• damage resulting from materials downloaded or obtained while using Service;
• damage resulting from force majeure which shall mean an event of unexpected and sudden nature independent of HKM and User, which could have neither been predicted nor prevented upon concluding Service Agreement including, without limitation: flood, fire, earthquake and other natural disasters, military activities, terrorist attack, war, riots, strike and acts of authorities; and
• limitations or technical problems arising in IT systems which are used by mobile devices on which Application shall be installed and which prevent User from using Application and services offered by means thereof or hinder the same.

4. To the maximum extent permitted by law, the said limitations shall apply to any claims irrespective of whether they are based on a guarantee, contract or agreement, liability in tort or any other legal grounds and whether HKM notified of the possibility of such damage and subsequently when preventive measures specified herein fail to fulfil its main purpose. 
5. By using Service User shall give consent that activities performed on the basis of content shared through Service, including sports activities, carry a certain inherent and material risk of property damage, bodily harm or death and User shall voluntarily take all known and unknown risks related to such activities even if they are caused partly or fully by HKM’s or any other person’s acting , failure to act or omission to act.
6. Unless provided otherwise in these Rules and Regulations and to the maximum extent permitted by the applicable law, HKM shall bear no liability, directly or indirectly, for any injuries or harm resulting from User’s physical activities or use or inability to use Service or Service’s functions including content or activities to which User has access or about which User learns through Service even if they are caused partly or fully by HKM’s or any other person’s acting, failure to act or omission to act.
7. To the maximum extent permitted by law, the total amount of HKM’s liability with respect to any claims by virtue hereof, including any implied guarantees, shall be limited to one of the following amounts whichever is higher: USD 1000 (one thousand American dollars) or the amount User paid HKM within the previous twelve months for using Service to which such claim relates.

17. HKM’s guarantees.

1. Except when it is unlawful under the applicable law, HKM shall give no guarantees (express, implied or contractual) related to Service and, in particular, its usefulness for a certain goal, precision, adequacy, truthfulness, completeness, availability or reliability.
2. To the maximum extent permitted by law HKM shall give no guarantee that Service meet User’s expectations or ensure certain results, that Service operation be incessant, free from any viruses, errors or other harmful factors and that errors be repaired.
3. Any oral or written recommendations provided by HKM or our representatives shall constitute no guarantee of any kind.
4. HKM shall not guarantee that Service be accessible at any time or Application be entirely free from any errors.
5. HKM shall not guarantee that data transmission by means of other systems, including but not limited to the Internet and telecommunications networks will not result in tracking, recording or deforming such data by any third parties.
6. HKM shall make no assurances or provide no guarantees with respect to external links, banners or other information and marketing offers shared with User. Contractual arrangements between User and an independent supplier, e.g. by means of Internet websites connected by links or banners shall result in arising a contractual relationship solely between such User and independent supplier.
7. HKM shall make no assurances or provide no guarantees with respect to products or services of independent suppliers.

18. Author’s rights.

1. Rules and Regulations, Service, Application, content and materials placed in Service and Application, including its image, shall be works under the Act on Author’s Right and Related Rights protected under the said act and the Law of Industrial Property. They shall be property of HEAVY KINEMATIC MACHINES sp. z o.o. and may not be distributed or used by other entities without consent of HEAVY KINEMATIC MACHINES sp. z o.o. ,which consent shall be expressed in writing or else shall be invalid. Entering into Service Agreement shall not constitute nor be grounds for claim for entering into an agreement for transfer of the said author’s economic rights upon User by HEAVY KINEMATIC MACHINES sp. z o.o.
2. HKM shall be the sole owner of Service and its full content, including, without limitation, all projects, logo, graphics, texts, images, data, information, services, functions, software, music, sound, interactive functions, trademarks and any other intellectual property or other Service components protected by law, including its compilations. 
3. Irrespective of concluding Service Agreement, any rights, titles and shares in Service shall remain HKM’s sole property.
4. User shall have no right to reproduce, copy, distribute, sell, ship, license or otherwise use the name of Heavy Kinematic Machines or SOLO Coach or any of HKM’s trademarks, logos, domain names and other characteristic features of the brand name. 
5. User may not modify, lease, lease with the right to collect fruits, sell, distribute or create derivative works based on Service unless HKM gives its prior written consent thereto.
6. Application shall be a work and subject to the protection under the Act on Author’s Right and Related Rights.
7. By performing Service Agreement User shall not acquire any author’s economic rights to Application.

19. Licence for User.

1. We request that our intellectual property rights be respected and Service be used solely for its intended purposes. Service (Application) shall not be used for commercial purposes.
2. Subject to these Rules and Regulations, we grant User limited, revocable, personal, non-transferable and non-exclusive right and grant such licence with respect to gaining access to Service for User’s own, personal and non-commercial purposes and using the same with the proviso that User shall not copy, modify, create dependent works, reconstruct a source code, sell, sublicense or use any right to Service (Application) in any other way.
3. Instructions for admissible use. By accepting Rules and Regulations User shall not modify, lease, lend, sell or distribute the software of Service or any content offered by Service, fully or partially, nor create dependent works on the basis of Service, Service  software or content except when it is expressly permitted by virtue of adequate law provisions or by HKM. Service is solely dedicated for personal and non-commercial use. User shall not use Service in order to sell products or services, increase the number of displays of User’s website or a website of any external entity for commercial purposes such as sale of advertisements or any other profit-related activities.
4. Creating links to Service. Persons who wish to place links to our Services in or on their websites or applications shall comply with the following rules:

• a link shall clearly and in a way comprehensible for the reader notify that such link relates to Application or other services provided by HKM;
• a link shall directly lead to Application or other service provided by HKM; and
• a link may not lead to Application or other service provided by HKM indirectly, e.g. it may not lead to a website where it is required to watch advertisements prior to proper redirecting to Application or other services provided by HKM. It is admissible to indirectly redirect to a website which tracks the number of clicks on links or notifies of an opening of a website of a third party.

20. Personal Data Processing. 

1. The Controller of Application Users’ Personal Data shall be: HEAVY KINEMATIC MACHINES sp. z o.o. with its registered seat in Komorowo, 64-200 Komorowo, municipality: Wolsztyn, county: wolsztyński, province: wielkopolskie, Poland (Tax Identification Number [NIP]: 9231712219, REGON No.: 367706684), entered in the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, I Economic Division under number: 0000685412, email: rodo@heavykinematic.com. Therefore, an entity liable for Application Users’ Personal Data processing shall be: Heavy Kinematic sp. z o.o. – hereinafter referred to as HKM.
2. Personal Data Inspector. In order to increase the security of Users’ Personal Data HKM appointed Personal Data Inspector who may be contacted via iod@heavykinematic.com.
3. What are User’s Personal Data processed for?

• sharing our Service for use by Users,
• managing and facilitating our business activity, also for analytical purposes,
• contacting and interacting with User,
• settling disputes and handling complaints or claims,
• performing obligations binding us by law, and
• direct marketing of our services consisting in contacting and transmitting commercial and marketing information related to HKM and our products and services.

4. In connection with processing Users’ Personal Data by HKM, Users enjoy the following rights:

• to access data,
• to correct data,
• to remove data (“the right to be forgotten”),
• to restrict the processing,
• to transfer data,
• to object,
• to not be subject to automated decision making in individual cases, including profiling,
• to withdraw consent, and
• to file a complaint with a supervisory body.

5. Detailed information available in our Privacy Policy and Cookies.

21. Security.

The security of our Users is very important to us. HKM requests that it be notified immediately of actual or suspected violations of security measures or unauthorised attempts to access or use Account.

22. Amendments to Rules and Regulations.

1. HKM shall reserve the right to amend these Rules and Regulations by:

1. placing the amended Rules and Regulations in Application or by means thereof; or
2. notifying Users with (at least 30-day) notice of material amendments to Rules and Regulations, generally, if possible, via an email message and in other cases through Service (e.g. by placing           a notification in Application).

2. Amendments shall not take effect retroactively unless required otherwise  by law. 
3. HKM may from time to time request that User read the amended Rules and Regulations and give consent to or refuse the provisions thereof. In such cases the amendments shall take effect upon User giving consent to the amended Rules and Regulations. If such consent is not given User may no longer use Service. If HKM does not request User give express consent to the amended Rules and Regulations, the amended Rules and Regulations shall take effect as of the date specified therein. A decision to use Service (irrespective of whether User created Account or not) after such date shall mean accepting the amended Rules and Regulations. No consent shall mean User being obliged to discontinue using Service.
4. Amendments to Rules and Regulations may result from amendments to including, without limitation:

• terms and conditions of Service provision,
• terms and conditions of using Service,
• changes of Service functions, or
• the applicable law provisions.

5. Rules and Regulations current at a given time shall be available at all times at https://www.soloworkout.com/solo-coach-regulamin and in Application .
6. Amendments to Rules and Regulations may not be oral.

23. Governing law and jurisdiction.

1. The provisions of the Polish law shall apply to matters not governed herein, and any disputes arising from using Service by User shall be settled, if need be, by a Polish common court having subject matter jurisdiction pursuant to the Polish law and in the Polish language. A Polish common court having subject matter jurisdiction shall be the sole competent court of territorial jurisdiction to settle disputes. 
2. Rules and Regulations shall not provide for out-of-court dispute settlement. Parties may, however, by mutual consent submit a dispute to hearing  by a mutually selected court of conciliation. Disputes may also be settled in mediation proceedings pursuant to the Polish Civil Procedure Code. The above is not in breach of the rights granted to Consumers by virtue of the applicable general law provisions. 
3. Detailed information related to the possibility of using out-of-court means of hearing complaints and pursuing claims by Consumer and rules of access to such procedures shall be available in offices and on websites of county (city) consumers ombudsmen, social organizations where consumer protection is a statutory task, province inspectors of Trade Inspection and at the following email addresses of the Office for Competition and Consumer Protection:

• http://www.uokik.gov.pl/spory_konsumenckie.php;
• http://www.uokik.gov.pl/sprawy_indywidualne.php; and
• http://www.uokik.gov.pl/wazne_adresy.php.

4. In the event of a dispute, Consumer may use out-of-court means of hearing complaints and pursuing claims. Consumer may do the following acts, without limitation:

• file a petition for the settlement of a dispute resulting from the concluded agreement with a permanent consumer court of conciliation run by The Trade Inspection;
• file a petition for mediation proceedings on settling a dispute amicably with the province inspector of the Trade Inspection; or
• obtain gratuitous assistance in dispute settlement from a county or city consumer ombudsman or social organisation where consumer protection is a statutory task, such as Consumer Federation or Polish Consumer Association.

5. There is a platform of an Internet system of settling disputes between Consumers and Entrepreneurs at the European Union level (ODR platform) available at http://ec.europa.eu/consumers/odr. ODR platform is an interactive and multilingual website with complex service for Consumers and Entrepreneurs who wish to settle a dispute related to contractual obligations under Internet sale contracts or service agreements out-of-court.

24. SEVERABILITY: in the event any provisions of these Rules and Regulations are or become invalid, all other provisions shall remain in force. 
25. It shall be no purpose of the provisions hereof to exclude or limit any rights enjoyed by Consumers by virtue of the mandatory law, and any potential doubts shall be interpreted for the benefit of Consumer. Should there be any discrepancy between the provisions hereof and the said law provisions, the said provisions shall take priority and shall be applied. At the same time, HKM indicates that pursuant to sec. 6(2) of Rome I Regulation it shall choose the Polish law as the governing law for agreements concluded with Consumers, including electronic service agreements.

25. Rules and Regulations availability.

1. The current text of Rules and Regulations with any appendices thereto shall be available free of charge at info@heavykinematic.com insofar as to enable it to be downloaded, recorded and printed. In addition, it is available in the HKM registered seat and may be sent via email at the User’s request.

26. Contact.
27. Unless otherwise provided herein, User may send any filings or information related to Application and Services to one of the following addresses at his own discretion:

1. in writing to: HEAVY KINEMATIC MACHINES sp. z o.o. with its registered seat in Komorowo 4, 64-200 Komorowo, Poland; or
2. via: info@soloworkout.com.