General Terms and Conditions for Consumers

Company name: FitPuli Limited Liability Company Short name: FitPuli Ltd. Registered seat: Katód Street 6. …

Company name: FitPuli Limited Liability Company
Short name: FitPuli Ltd.
Registered seat: Katód Street 6. I/3., Győr, H-9024, Hungary
Representative: Dr Dániel Oláh, managing director
Data protection registration number: NAIH-141195/2018
Tax number: 26103639-2-08
Company registration number: Cg. 08-09-029303
Email: [email protected]

1. Scope, definitions

These General Terms and Conditions (the GTC) apply to the Service Agreement between FitPuli Limited Liability Company and consumers. In the case of any discrepancies between the provisions of this GTC and the relevant Service Agreement, the provisions of the relevant Service Agreement shall apply.

Unless defined otherwise, the following terms with capital letters shall have the following meaning in this GTC.

Service Agreement:

Service agreement of the FitPuli app for the Partner’s customers and employees,

Service agreement of the FitPuli app for the Partner’s previous customers and employees;

Partner: A legal entity having a contractual relationship with FitPuli Ltd in connection with the Services;

FitPuli or the Company: FitPuli Limited Liability Company;

Service: A software as a service available on Apple AppStore and Google Play to track, preserve, maintain and improve the health conditions of the Customer;

Fee Schedule: An information schedule forming an integral part of the Service Agreement that has been provided to the Customer directly by electronic means and that sets out the service fees payable if the Service Agreement is concluded. The Fee Schedule does not apply for the term when, instead of the Customer, the service fees are fully undertaken by a third party in a separate agreement;

Service Fee: If the Service Agreement is concluded, the amount payable by the Customer to FitPuli in accordance with the Fee Schedule, unless it is undertaken by a third party;

Customer: An individual with full capacity entering into the Service Agreement with Fitpuli;

Privacy Statement: A detailed information schedule regarding the processing of the Customer’s personal data to which the Customer must consent to upon the conclusion of the Service Agreement.

2. Prior information

2.1. This GTC, the Privacy Statement and the Fee Schedule in relation to individual subscriptions, forms an integral part of the Service Agreement and sets out the general terms and conditions of the Service Agreement between the Customer and FitPuli.

2.2. Prior to the conclusion of the Service Agreement, FitPuli hereby provides clear information regarding the nature of the Service, the main steps of its use in accordance with the Manual in Annex 1 and the potential settlement of consumer disputes.

3. Conclusion, entry into effect and term [of the Service Agreement]

3.1. The Service Agreement is to be concluded by electronic means via registering to the Fitpuli app. The Fitpuli app is available on Apple AppStore and on Google Play.

3.2. The Service Agreement enters into effect on the day when the Customer concludes the Service Agreement by accepting this GTC and the Privacy Statement; and the Customer or a third party on its behalf has paid the Service Fee.

3.3. The Service Agreement is considered to be a written agreement in accordance with Section 6:82 of Act V of 2013 on the Civil Code (the Civil Code). FitPuli keeps a record of the Service Agreement and makes it available through the user account of the Customer.

3.4. The Service Agreement is in the Hungarian language. FitPuli may publish English, German and other language versions of the Service Agreement. If there is any inconsistency or conflict between a translation and the Hungarian version, the Hungarian version will apply.

3.5. During the registration process, the Customer may amend his/her registration data in the „Profile” menu at any time before the finalization of his/her order.

3.6. If, notwithstanding the above, the Customer finds a mistake in his/her registration data, he/she may request the correction of his/her data in the application or by sending an email to [email protected].

3.7. The Service Agreement is for a one-year fixed term. If the Customer wants to use the Service for a longer term, no new registration is needed but he must explicitly request a renewal by electronic means and must pay the annual Service Fee again for FitPuli in the form and by the payment date specified by FitPuli.

3.8. If the above request is submitted and the annual Service Fee has been paid in accordance with point 3.7 above, the Service Agreement is renewed for an additional year. In respect of the renewed term, the provisions of the GTC and Fee Schedule effective on the date of the renewal will apply.

3.9. If the Service Fee is paid by the Partner instead of the Customer, and the Customer wants to use the Service after the expiry of the first year from the date of the conclusion of the contract, and the Partner will no longer cover the Service Fees, then the Customer must pay the annual Service Fee in accordance with the Fee Schedule. However, where the cooperation of the Partner and Fitpuli is longer than a year set out above, the Service Agreement renews automatically upon the request of the Customer. In this case, section 6 applies in respect of the termination of the contract. No new registration is needed in the cases specified in point 3.8.

4. Partial invalidity, amendment

4.1. If any court or relevant authority decides that any part of the Service Agreement, this GTC or the Privacy Statement or any notices under point 3.7 or 3.9 is invalid, the remaining clauses will remain in full force and effect, unless they cannot be performed in the lack of the relevant clause that is invalid.

4.2. FitPuli is not entitled to amend the Service Agreement and this GTC unilaterally, to the detriment of the Customer. The Service Fee specified in the Fee Schedule shall not change during the term of the Service Agreement.

4.3. FitPuli reserves the right to amend this GTC from time to time. If the GTC is amended, the updated version of the GTC will be available in the Fitpuli app and on the website. Previous versions of the GTC will be available via the webpage, but in the app only the latest version will be available.

5. Cooperation, information and liability

5.1. FitPuli will notify the Customer via the email address provided to FitPuli.

5.2. The data provided by the Customer during the registration must be true and accurate. In the case of any change in the data provided by the Customer, the Customer must update the relevant data under the „Profile” menu. For the seamless use of the Service, the Customer must make sure that the relevant data remain to be true and accurate during the whole term of the Service Agreement. The Customer is liable for any damages resulting from the omission of his/her above obligations.

5.3. The Customer must not misrepresent himself and must not provide the data of another individual. FitPuli is not responsible for any claims resulting from misrepresentation of identity and any damages resulting from such registrations shall be borne by the Customer.

5.4. The Customer may use the Service solely for his/her own purposes and cannot provide access to a third party by any means. If the Customer does not comply with this obligation, it is considered as a breach of contract, and damages resulting from such breach shall be borne by the Customer.

5.5. The Customer may use the Fitpuli Service to the extent that he has provided his/her relevant data via the Fitpuli app. FitPuli can provide feedback on the health conditions of the Customer and assess the relevant data only to the extent the relevant data provided by the Customer makes it possible. FitPuli hereby excludes any liability for any missing feedback resulting from the lack of data provided by the Customer.

5.6. FitPuli is not in the position to validate the data provided in the course of the registration and during the use of the Service. Accordingly, Fitpuli will not validate the data provided. It is the responsibility of the Customer to provide data that is true and accurate.

5.7. The Customer must refrain from using any unauthorized means to gain unauthorized access to the website, servers or networks of FitPuli or any other systems or networks that connect to the Fitpuli app or the website. The Customer must also refrain from using the Services by unlawful means and the infringement of the intellectual property of FitPuli by any means.

5.8. The Customer acknowledges that, for the installation and activation of the Fitpuli account, and for its use, the Customer must use electronic devices (smartphone, or, upon the choice of the Customer, smartwatch or fitness tracker) with a suitable operational system. The Customer must make sure that these devices are available.

5.9. Fitpuli is not responsible for any defects emerging during the use of the Service resulting from the lack of proper devices or proper use of such devices, as well as from any use that does not comply with the instructions of the Manual set out in Annex 1 to this GTC or the defects of Apple AppStore or Google Play.

5.10. In particular, FitPuli is not responsible for third party damages resulting from the lack of proper devices or proper use of such devices specified in point 5.6, as well as from any use that does not comply with the instructions of the Manual set out in Annex 1 to this GTC.

5.11. In accordance with the above, FitPuli may terminate the Service Agreement, if the Customer breaches the Service Agreement. In particular, FitPuli may terminate the Service Agreement if the Customer makes available the Fitpuli app or provides access to it for a third party, does not use the Fitpuli app or the smartwatch in accordance with the provisions of the Manual or in accordance with its purpose, violates any laws or regulations, uses any intellectual property relating to FitPuli in an unlawful manner. The Customer must use the Fitpuli app solely for his/her own personal purposes and during the term of the subscription. Any other use, copying, altering or duplication is considered as a material breach and will result in the termination of the Service Agreement immediately, without notice.

5.12. FitPuli is not liable for any malfunction resulting from force major during the provision of the Service.

5.13. Due to the nature of the Service, FitPuli is not responsible for the health conditions of the Customer or any changes thereof. The Service is solely for the tracking of the Customer’s health conditions. If used in a proper way, the Service can help the Customer to information regarding his/her health conditions that can provide guidance to maintain and improve his/her health. FitPuli is not responsible for any inaccuracy of data resulting from the imprecision of devices or untrue data. The Customer is hereby expressly informed that the use of the Service does not replace or substitute medical examinations and FitPuli expressly recommends regular medical examinations. FitPuli is not responsible for any negative consequences resulting from the omission of such examinations.

5.14. During the conclusion of the Service Agreement, the Customer authorizes FitPuli to send personalized information via SMS or recorded voice (IVR/AWM) to the mobile number provided regarding the Service and its fees. The Customer also authorizes FitPuli to provide the same information via email, to the email address provided at the time of registration.

6. Termination

6.1. By accepting this GTC, the Customer expressly consents that FitPuli may start providing the Service upon the entry into effect of the Service Agreement.

6.2. In accordance with point m) of section 29(1) of the Government Decree no. 45/2014 (II. 26.) (the Decree) and point 6.1 above, the Customer is not entitled to the right of withdrawal under section 20 of the Decree.

6.3. FitPuli may immediately terminate the Service Agreement without notice, if:

The Customer does not use the Service in accordance with its purpose, in particular in the case where the Costumer does not register to the Service with his/her own data, the Customer does not use the Service (solely) for his/her own personal purpose or the Customer attempts to gain unauthorized access to the website, servers or networks of FitPuli or any other systems or networks that connect to the FitPuli website.

The Customer uses any intellectual property relating to FitPuli in an unlawful manner.

6.4. The Customer is entitled to terminate the Service Agreement immediately, without notice, if:

For reasons imputable to FitPuli, the Customer’s personal data is used unlawfully by any means.

For reasons imputable to FitPuli, the Customer cannot use the Service for a considerably long time.

7. Warranty

In the case of any fault of the Service’s software, the Customer is entitled to replacement (by way of downloading a new version of the software again). FitPuli will inform the Customer about the duration of the repair by electronic means and without undue delay. If the issue still exists in the new version of the software downloaded following the date specified, then the Customer may request a refund of the Subscription Fee or the replacement of the software within 14 days from the date when the Customer becomes aware of the fault. The Customer is entitled to a refund only where the Customer has paid the Subscription Fee to FitPuli directly. Any claim for warranty in a written form must be submitted without undue delay.

8. Payment of fee

8.1. The Service Fee specified by the Fee Schedule must be paid as a one-off payment, at the time of the conclusion of the Service Agreement. The Service Fee must be transferred (online) to FitPuli (bank account no. 11600006-00000000-79987941).

8.2. The Service Fee covers the amount of the Service for a year, including all costs of the Service. The Customer is not required to pay any cost or fee in addition to the Service Fee.

8.3. The Customer must pay the Service Fee at the time of purchase and the subscription will be activated at the same time.

8.4. The provision of the Service is conditional upon the receipt of the Service Fee.

8.5. If the Service Fee is paid by the Partner instead of the Customer, then the Customer is not required to pay the Service Fee and the above clauses 8.1-8.3. do not apply.

9. Notices

9.1. Any notices or other communications under or in connection with the Service Agreement shall be sent by electronic means, in the form of an email, or, upon the specific request of the Customer, by post. In the latter case, the Company must send any notice or other communications under or in connection with the Service Agreement in writing and by registered mail.

10. Delivery

Any notice or document under or in connection with the Service Agreement shall be considered as delivered:

a) in the case of electronic communications (by way of e-mail) after 24 hours from the time when the email was sent, if the sending party does not receive a „delivery failed” e-mail;

b) if it is sent by post, as a letter, after 5 workdays following the date (supported by a document) when the letter is sent.

Any document sent by post shall be considered as delivered upon the attempt of delivery, if the addressee refuses to take over the document. If the delivery is unsuccessful because the addressee does not take over the letter (the letter rebounds because of the letter cannot be delivered), the document shall be considered as delivered on the fifth workday from the second attempt of delivery.

11. Miscellaneous

11.1. The Customer will provide his/her data to FitPuli when registering his/her customer profile. By registering the customer profile and accepting the Service Agreement and the Privacy Statement, the Customer consents to the processing of his/her data in accordance with the Privacy Statement. FitPuli will process personal data in accordance with Act CXII of 2011 and the general data protection regulation no. 2016/679 (GDPR), as well as act XLVII of 1997 on health data. The purpose of the processing of personal data is, in particular, to maintain and improve the health of the Customer, as well as to track his/her health conditions during the subscription term. FitPuli informs the Customer about the processing of his/her data prior to the conclusion of the Service Agreement, when he submits his/her personal data.

11.2. The Customer may submit any questions or complaints relating to the Service Agreement or the FitPuli service by sending an e-mail to FitPuli at [email protected].

11.3. Any complaints relating to the Service Agreement or the FitPuli Service may be communicated in a written form by the following means:

a) by sending a letter to the address of the Company (Katód Street 6. I/3., Győr, H-9024, Hungary);

b) by sending an e-mail to [email protected].

FitPuli will assess the complaint of the Customer and will inform the Customer about its position and the measures implemented (with reasoning) in writing within 30 days from the date when the complaint is received.

If FitPuli rejects the complaint of the Customer, then the Customer may submit his/her complaint to the competent Arbitration Court at the place of his/her habitual or temporary residence. Prior to the proceeding of the Arbitration Court, the Customer must attempt to solve the dispute with FitPuli directly. If the Customer specifies an arbitration court other than the competent arbitration court, then –upon the request of the Customer – that arbitration court will have the competence to proceed.

If the Customer believes that his/her consumer rights have been violated, then he/she also may file a complaint with the competent consumer protection authority. The authority will decide whether to initiate proceedings upon the assessment of the complaint. The competence of the consumer protection authority depends on the place of habitual residence of the Customer. The list of authorities is available here: http://jarasinfo.gov.hu/.

The Customer is also entitled to file a claim with the court in accordance with the provisions of the Civil Code and Act V of 2013 on civil proceedings.

11.4. The Customer acknowledges that FitPuli is entitled to engage a third party for the performance of the Service Agreement in accordance with Section 6:129 of the Civil Code. Fitpuli will procure that the processing of personal data will be carried out in accordance with applicable law and the information provided to the Customer.

11.5. There is no code of practice available at FitPuli as defined under the act on the prohibition of unfair commercial practices.

ANNEX 1

Manual Guide

I. About Fitpuli service

The core of our service is the Fitpuli mobile application, which requires a mobile phone running at least iOS 11.0, Android 6.0 or higher.

An additional benefit may be realized if Customer has a fitness tracker that sends data to the Apple Health / Google Fit health application of the operating system, or if Customer has a Fitbit wearable device. However, the Fitpuli application is functional without any kind of trackers or wearable devices.

During the service, upon Customer’s consent, the platform automatically collects lifestyle data (daily step count, daily floor count, daily walked distance, daily active minutes, daily mood, calories burned, body weight, height), provides personalized analysis and feedback, and applies personal motivation and health developing solutions to enhance the wellbeing of employees on an individual basis.

FitPuli provides a digital platform for health promotion both at a company and individual level, provides continuous feedback on the effectiveness of health programs, and provides live connectivity to employees, clients and individual users.

Our service is available to Contracted Partners to ensure health promotion of their employees at group level and individually – to promote health, and to Contracted Partner employees and clients. For the purposes of the GTC and its Annex 1, Customer shall mean in all cases ai individual with full capacity, whether employed by an employer contracted with FitPuli or is an employee or client of a Contracted Partner of FitPuli.

In order to use our service, whether at group level or individually, Customer shall enter into a required Service Agreement, which shall be for a period of one year, which may, however, be extended in accordance with the GTC. The conclusion of the Service Agreement is subject to the acceptance of the GTC and the Privacy Statement after thorough reading.

II. How to use the Fitpuli service

1. If the prospective Customer as an individual under the agreement with the Contracted Partner, wishes to use the Fitpuli application, shall submit their name, address and indication of intention as a short message on www.fitpuli.com/www.fitpuli.com website to contact FitPuli.

2. If Customer uses FitPuli services through Contracted Partner, paragraph 1 shall not apply, and the e-mail referred in paragraph 3 shall be sent by FitPuli to Customers who are eligible to use FitPuli services through the agreement with Contracted Partner.

3. FitPuli will then send an email to the prospective Customer describing the main features of FitPuli service, the additional steps required to use the application, and the preliminary information related to section 11(1) of the Government Decree no. 45/2014 (II. 26.).

4. FitPuli provides a pre-registration admin interface to Customer, where Customer enters the email addresses of the users intending to be included in FitPuli service.

5. Upon completion of the pre-registration, Customer opens, reads and then accepts the FitPuli GTC and Privacy Statement.

6. After verifying the information provided, FitPuli will send an email confirmation to Customer regarding the successful registration, and describing the next steps in accessing the Service.

7. Then Customer downloads the Fitpuli application to iOS or Android device from Apple AppStore or Google Play as described in the email above.

8. When opening the FitPuli application, Customer enters the individual e-mail address on the login interface, to which FitPuli will send an e-mail to activate the user account, and by clicking on the link provided in the e-mail, Customer may create a Fitpuli password.

9. If the password is successfully entered, Customer will reopen the Fitpuli application, providing full access to the Fitpuli service by entering his login information.

10. The Customer will then be able to use the individual Fitpuli account where additional personal and health information can be entered by clicking on the “Profile” tab.

III. Customer may access additional Fitpuli services by accessing the following menu items within the Fitpuli application

– Dashboard / Home screen – Daily summary of automatically measured activity and challenges in progress

– Lifestyle tab – Feedback from the last 30 days of the user, keeping track of their daily activity, with special reference to the user’s personal goal

– Medical tab – Blood pressure, blood glucose, heart rate logging, feedback on these values, information center, vision and hearing screening – only for informative purposes, lab test guide – information center for key medical laboratory parameters (static interface)

– Challenges – 14-30 episode programs that improve the user’s lifestyle parameters by providing relevant content on certain topics (OfficeGym, Mindfulness, FoodPuli, Community Challenge)

– Profile – Personal details and other health related information such as medical history, lifestyle habits etc., as well as the application’s settings interface

– Chat – Provides health promotion information in relation to user education and personal motivation

FitPuli Ltd.