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TERMS AND CONDITIONS FOR THE USE OF WODGURU SYSTEM


DEFINITION

For definitions, we use legal language that includes terms and expressions that refer to statutory expressions and this has meaning in a legal context - if you are in doubt about the meaning of a definition please contact us at: [info@wod.guru]

Whenever these Terms and Conditions refer to:

  1. Price List - the provided set of fees payable to WodGuru in return for providing services to the Customer, available on the website: https://wod.guru/en/pricing 

  2. Club Member - an individual who is a customer of the Customer, for whom the Customer or User has created a Club Member Account and who uses the WodGuru system via that account;

  3. Main Account - an account used to operate the System created by and for the User;

  4. User Account - an account used to operate the System created by the Customer for the User;

  5. Club Member Account - an account for the operation of the System created by a Customer or a User for a Club Member;

  6. Privacy Policy - the document describing the security and protection of privacy and processing of personal data of Users, Customer and Club Members, available at the link: https://wod.guru/en/privacy

  7. Terms and Conditions - these terms and conditions made available at: https://wod.guru/en/terms

  8. Registration - a one-off action involving the creation and activation of a Main Account, User Account or Club Member Account, carried out using the registration form made available on the WodGuru website;

  9. Fee - payment for the use of the System and the granting of a non-exclusive licence to use the System, which will be made in the manner and amount indicated in the Price List;

  10. Parties - WodGuru and the Customer;

  11. System - a sports facility management tool created by WodGuru, accessible from a web browser or via a mobile application, through which WodGuru provides Services electronically;

  12. Agreement - shall mean an agreement for the provision of services by electronic means concluded between WodGuru and the Customer for the use of the System;

  13. Service(s) - should be understood to mean a Service or Electronic Services provided by WodGuru under the terms of the Terms and Conditions; 

  14. Customer - means a natural person, carrying out a business activity, a legal person or an organisational unit without legal personality, to which an act grants legal capacity, being a party to an agreement for the provision of services concluded with WodGuru;

  15. User - means a natural person of full legal capacity who is an employee or collaborator of the Customer, for whom an account has been created in the System by the Customer and a category has been assigned within the System;

  16. WodGuru is Tomasz Szadkowski, conducting business activity under the firm Tomasz Szadkowski WodGuru, on the basis of an entry in the Central Register and Information on Business Activity, the principal place of business of which is in Pozna艅 (61-131) at ul. Katowicka 2c/41, holding NIP number: 673-184-73-52, REGON number: 365182946, which is the owner of the System.

I. GENERAL PROVISIONS

  1. These Terms of Use set out the terms and conditions for the use of the WodGuru System. It describes the rights and obligations of the Customers and Users of this System as well as the terms and conditions of providing Services through it.

  2. The Terms of Use also sets out the terms of the Agreement entered into between the Customer and WodGuru - two entities conducting business.

  3. If you are a Club Member, these Terms and Conditions do not directly apply to you.

  4. As a Customer you are responsible for compliance with these Terms and Conditions by Users and Club Members.

  5. WodGuru is not an internet service provider and does not provide such services. 

  6. A change in WodGuru's legal form, as well as its company, registered office or address, does not constitute a change in the content of the Terms of Service WodGuru will each time inform you of such change via the System.

II. WODGURU'S RELATIONSHIP WITH CLUB MEMBERS

  1. WodGuru's role is to provide and manage the System. WodGuru is not a party to the contracts between the Customer and the Club Member and does not interfere in this relationship. As a Customer you are fully responsible for the content, manner and quality of services provided to Club Members using the System.

  2. As a Customer, you are fully responsible for the personal data of Club Members and you must ensure an adequate level of protection, in particular by adequately informing Club Members of their rights and adapting the content of the Rules and Agreements prepared.

  3. As a Customer, you also guarantee that the content you upload to the System does not violate any intellectual or industrial property rights, personal rights or other laws or regulations in force, which may result in civil and/or criminal liability.

  4. As a Customer, you are also responsible for the actions of your Users as well as for your own.

III. TECHNICAL CONDITIONS

  1. The System is accessible to all end devices that meet the following technical requirements:

  2. active internet connection,

  3. 1000 MHz processor,

  4. RAM: 512 MB,

  5. browser: supporting HTML5, CSS3 and JavaScript, with Cookie support enabled, as well as via mobile devices equipped with a web browser.

  1. In order to use the System, it is necessary to create an account and activate it.

IV. CREATION AND OPERATION OF AN ACCOUNT

  1. The creation and activation of a Main Account and a User Account implies acceptance of these Terms and Conditions and the Privacy Policy. For the avoidance of doubt - the ACTIVATION of an account means that you declare (i) that you have read the Terms and Conditions and Privacy Policy; (ii) that you accept their contents and conditions.

  2. As a Customer, by creating and providing a Club Member Account, you are obliged to inform the Club Member of the terms and conditions of use of the System. 

  3. When registering, the Customer and the User are obliged to provide truthful, accurate and up-to-date Data that is not misleading and does not infringe the rights of third parties.

  4. In case of reasonable doubt, WodGuru may make the use of the System conditional on the sending of relevant documents confirming the data indicated during Registration.

  5. The Customer and Users are obliged to secure their access data to the System, in particular passwords. 

  6. The Customer and Users are obliged to immediately notify WodGuru of any violation of their rights to their accounts or theft/leakage of their passwords by third parties. 

  7. The User is solely responsible for the content of the data he/she has provided. Furthermore, in the event that any of the data provided by the Customer changes, the Customer must update this data in their account.

  8. The Client is fully responsible for all actions related to the management of his/her account. In the event of a sale, transfer or any other form of change in account management, it is the responsibility of the Customer to inform all parties to the transaction, and responsibility for any consequences of failure to notify such a change rests solely with the Customer and/or their successor. The new account manager assumes all rights and obligations arising from the use of the WodGuru system and is bound by all provisions of these Terms and Conditions.

  9. WodGuru shall not be liable in any way for the actions of the Customer or his/her successor, and any potential claims shall relate only to the legal relationship of the Customer and his/her successor. The Customer hereby also indemnifies WodGuru from and against any and all claims and costs that may arise in connection with the transfer of the account, including the sale, transfer or any other form of change of account manager. This exclusion includes, but is not limited to, any third party claims, contractual penalties, administrative fines, damages, and court costs and attorney's fees.

  10. When creating a User Account, the User must select one of the categories available within the WodGuru system. The choice of category determines the permissions granted to a particular User and the degree of access to data.

V. RULES FOR THE USE OF THE SYSTEM

  1. In order to access the System, the Customer is always required to enter a correct login and password to access the account.

  2. Use of the WodGuru System is unlimited in terms of time and territory. 

  3. WodGuru allows uninterrupted access to the System with the exception of administrative, maintenance and service interruptions and interruptions due to force majeure, for which WodGuru is not responsible.

  4. To the extent possible, WodGuru will inform Customers in advance of planned administrative, maintenance and service interruptions that make access to the System difficult or impossible.

VI. RIGHTS AND OBLIGATIONS OF THE CUSTOMER/USER

  1. As a Customer, you agree to use the System in accordance with applicable law and the provisions of these Terms and Conditions. In the event of a reasonable suspicion of a breach of the Terms of Use, WodGuru may temporarily suspend or deactivate the Master Account.

  2. As a Customer, you agree to make and receive statements of intent electronically, using the tools of the System or in any other form agreed with WodGuru. You also agree to receive information in electronic form. 

  3. As a Customer, you acknowledge that you are solely responsible for any and all damages incurred as a result of your illegal or unlawful actions.

  4. As part of the provision of the Services, the Customer agrees to pay the Fees in accordance with the terms and conditions set out in the Terms and Conditions.

  5. The provisions concerning the rights and obligations of the Customer shall apply accordingly to the Users.

VII. RIGHTS AND OBLIGATIONS OF THE WODGURU

  1. WodGuru undertakes to provide the Services to the Customer / Users with the utmost care.

  2. WodGuru has the right to discontinue the Services and suspend / deactivate the Customer's Main Account or User Account in the event of:

  3. the input of false data by the Customer or the User;

  4. violation of the provisions of these Terms and Conditions by the Customer or the User;

  5. failure to pay the Service Fee by the due date;

  6. use of the account in a manner contrary to applicable law and the Terms and Conditions;

  1. WodGuru is entitled to temporarily interrupt the operation of the System and the Services it provides for technical reasons.

  2. WodGuru will use its best endeavours to ensure that technical interruptions last for as short a time as possible and are as inconvenient as possible for the Customers/Users. 

  3. WodGuru shall not be liable to the Customers/Users for failure to perform or improper performance of the Services for reasons attributable to third parties (including telecommunications network operators) or caused by acts of God.

  4. WodGuru reserves the right to make changes to the System or to discontinue certain aspects or features of the Services without prior notice and will not be liable for any consequences of any such change.

  5. WodGuru informs you that in connection with the provision of the Services it processes personal data under the terms of its Privacy Policy, available at: https://wod.guru/en/privacy

VIII. FEES

  1. The provision of Services under the WodGuru System involves the payment of Charges by the Customer under the following conditions.

  2. The billing period is one calendar month.

  3. The Fee for the use of the System depends on the number of Club Members' Accounts on the first day of each billing period.

  4. Customers joining the Agreement are bound by the Fees as indicated on the WodGuru website under the "Price List" tab. The Charges are plus VAT at the rate in force at the time of VAT invoice. The Customer shall be bound by the prices in the Price List as at the date of the Agreement. Subsequent changes to the charges in the Price List shall not affect existing Customers.

  5. WodGuru may unilaterally change the Fees for existing Customers and will inform the Customer of any such change via the System. The new Charges will apply to the Customer from the next billing period at the earliest. The Customer will be able to cancel the use of the System if the new Fees are not accepted. The current fee is visible when logging into the Main Account under: https://wod.guru/dashboard/licence.

  6. The fee for the use of WodGuru is calculated for each billing period.

  7. Fees are calculated as follows: the number of Club Members' accounts is multiplied by the applicable rate per account. The total obtained in this way constitutes the fee for the use of the WodGuru System. Whereby, if the Maximum Charge for the Services provided is exceeded, the charge will be reduced to the Maximum Charge each time. The amount of the Maximum Charge is available on the WodGuru website under the 'Price List' tab.

  8. Payment must be made in advance by the seventh day of each billing period. Failure to pay by the date indicated will result in suspension of the Main Account until payment is made.

  9. WodGuru accepts the following payment methods: bank transfer, recurring (recurring) payment supported by the Espago service.

  10. If payment by bank transfer is selected, WodGuru's bank account will be indicated on the invoice issued.

  11. WodGuru will deliver invoices to the Customer electronically, which the Customer agrees to by accepting the Terms and Conditions.

  12. Electronic payment is available after logging in to the Main Account.

  13. If cyclical payment is selected, the Customer accepts that his/her payment card will be automatically charged for the total fees due in a given billing period. The fee for each subsequent billing period will be charged automatically until the cyclical payment is deactivated or the Service Agreement is terminated. 

  14. In the event of deletion of the account by the Customer, User or Club Member or termination of the Agreement before the end of the billing period, the Customer shall not be entitled to a refund of the payments made for the provision of the Services during the relevant billing period. The terms and conditions will only be updated from the next billing period.

IX. COPYRIGHTS

  1. WodGuru grants to the Customer a non-exclusive licence excluding the right to further sub-licence or authorise the use of the WodGuru System.

  2. The licence is granted for the following fields of use: (1) use in terms of the functionality of the WodGuru System in the manner indicated in the Agreement and for the purpose of its performance; (2) reproduction, transmission, storage, display, application, use of the WodGuru System for the purpose of performing the Agreement; (3) enabling third parties - Users - to use the WodGuru System in accordance with its purpose and for the purpose of performing the Agreement; (4) use of information created as a result of the use of the WodGuru System, in particular: data, reports, statements虂 and other documents created as part of such use for the purpose of performing the Agreement.

  3. The Customer and Users are not entitled to change or modify the WodGuru System in any way, other than the settings permitted in the implementation of the Agreement and provided for in the functionalities of the System.

  4. The Customer is not entitled, among other things, to use the WodGuru System for any purpose other than as indicated in the Agreement.

  5. WodGuru declares that it is the sole owner and entity entitled to use the System, including having the necessary rights to grant licences under the terms of the Agreement and the Terms and Conditions.


X. PERSONAL DATA

  1. The provision of the Services by WodGuru may involve the processing of personal data of the Customer or Users who are individuals, the controller of which is the Customer or any other entity designated by the Customer, of which WodGuru should be informed at the time of entering into the Agreement or in the course of its performance, where necessary. 

  2. The Customer is also the controller of Club Members' personal data. 

  3. The processing of the aforementioned personal data shall in such a case take place in accordance with the principles set out in the Entrustment Agreement and the Privacy Policy - as part of WodGuru's performance of the Agreement and only for the purpose of providing access to the Services or improving the functionality of the System and taking action to eliminate errors or update the WodGuru System.



XI. ENTRUSTMENT OF THE PROCESSING OF PERSONAL DATA


  1. As part of WodGuru's performance of the Agreement, personal data of Club Members, Users and the Customer is processed, including Users, of which the Customer is the sole controller. The Customer merely entrusts WodGuru (where the Customer is the controller of the personal data of Users and Club Members), pursuant to Article 28 of the General Data Protection Regulation of 27 April 2016. (hereinafter referred to as the "Regulation") sets of personal data (hereinafter referred to as the "Data Sets") to be processed, on the terms and for the purpose set out in the Agreement. WodGuru undertakes to process the Data Sets entrusted to it only at the direction of the Customer in accordance with the Agreement, the Ordinance and other generally applicable laws that protect the rights of data subjects.

  2. WodGuru declares that it applies security measures that meet the requirements of the Regulation.

  3. Data will only be processed by WodGuru during the Term of the Agreement.

  4. The Data will be processed by WodGuru only for the purpose of fulfilling its obligations under the Agreement, i.e. inter alia the use of the System by the Customer, the correct operation of the WodGuru System and enabling communication with the person using the services of the Customer.

  5. The Datasets will contain personal data of Users, Club Members and the Customer.

  6. The Datasets entrusted under the Agreement will contain the following range of personal data: name, surname, email address, telephone number, street, house number, postal code, city, gender, photograph.

  7. The following range of personal data will also be entrusted for the processing of Club Members' payments: bank account number, bank name, credit card expiry date, credit card verification number.

  8. The Datasets will be processed digitally, i.e. as part of the use of the WodGuru System.

  9. Processing of the Datasets will consist of performing operations such as: collecting, capturing, storing, developing, changing, sharing.

  10. WodGuru undertakes to perform the Agreement with the utmost care in order to technically safeguard the interests of the Customer or the entity that is the controller of the personal data of the Employees or Associates of the Customer, including Users with respect to the processing of Datasets.

  11. WodGuru undertakes to exercise due diligence in the processing of the entrusted Datasets.

  12. WodGuru undertakes, when processing the entrusted Datasets, to secure them through the use of appropriate technical and organisational measures ensuring an adequate degree of security corresponding to the risks associated with the processing of the Datasets as referred to in Article 32 of the Regulation.

  13. WodGuru undertakes to grant formal authorisations to process personal data, to the extent that WodGuru itself is authorised under the Agreement to process the Datasets, to all persons who will process the entrusted Datasets in order to perform the Agreement.

  14. WodGuru undertakes to ensure that the processed Datasets are kept confidential (as referred to in Article 28(3)(b) of the Regulation) by the persons it authorises to process the Datasets in order to perform the Agreement.

  15. At the express request of the Customer in this regard, within 30 working days from the date of termination of the Agreement, WodGuru is obliged to delete or return any personal data entrusted to it and to delete any existing copies thereof in accordance with the decision of the Customer received in documentary form, unless applicable law prescribes the retention of such personal data.

  16. To the extent possible, WodGuru will assist the Customer or the Data Controller of Users' and Club Members' personal data to the extent necessary to comply with the obligation to respond to the data subject's requests and to comply with the obligations set out in Articles 32 to 36 of the Regulation.

  17. WodGuru, upon discovering a breach of data protection, shall, without undue delay, notify the Customer, Users or Club Members of the breach, at the latest within 48 hours of the occurrence of the breach.

  18. WodGuru declares that the system in which the data will be processed will, at a minimum, comply with the requirements set out in Article 32 of the Ordinance, including but not limited to: pseudonymisation and encryption of personal data; the ability to continuously ensure the confidentiality, integrity, availability and resilience of the processing systems and services; the ability to quickly restore the availability of and access to personal data in the event of a physical or technical incident; regular testing, measurement and evaluation of the effectiveness of technical and organisational measures to ensure the security of processing.

  19. WodGuru undertakes to promptly inform the Customer, Users and Club Members of any proceedings, in particular administrative or judicial proceedings, relating to WodGuru's processing of the Datasets specified in the Agreement, of any administrative decision or ruling relating to the processing of such data directed at WodGuru, as well as of any planned, if known, or ongoing audits and inspections relating to WodGuru's processing of such Datasets, in particular conducted by inspectors authorised by the President of the Office for Personal Data Protection. This paragraph applies only to Datasets entrusted to WodGuru by the Customer. 

  20. WodGuru is obliged to make available to the Customer all information necessary to demonstrate compliance with the data protection obligations imposed on the Customer, including Users and Club Members by the provisions of the Regulation. The Customer may request access to the information referred to in the previous sentence no more than twice a year.

  21. WodGuru is obliged to inform the Customer immediately if, in its opinion, an order issued to it constitutes a breach of the Regulation or other EU or Member State data protection legislation.

  22. The Customer agrees to further entrust the processing of personal data by WodGuru to its processors that meet at least the conditions regarding organisational and technical data protection measures described in the Agreement. WodGuru shall inform the Customer of any intended changes regarding the addition or replacement of other processors.

  23. The transfer of entrusted Datasets to a third country may only take place upon written or documentary instructions from the Customer, unless such an obligation is imposed on WodGuru by EU law or the law of a Member State to which WodGuru is subject. In such a case, WodGuru shall inform the Customer/Personal Data Controller of this legal obligation prior to the processing, unless such law prohibits such information on the grounds of important public interest.

  24. The subcontractor referred to above shall comply with the same guarantees and obligations as those imposed on WodGuru in the Agreement.

  25. The Agreement is concluded for the duration of the Customer's cooperation with WodGuru. In the event of termination or withdrawal from cooperation by any of the Parties, the Agreement shall automatically terminate without the need for the Parties to make separate statements in this regard.

  26. Entrusted personal data will never be processed for longer than the duration of the cooperation subject to mandatory provisions of law.



XII. CONFIDENTIALITY

  1. The Parties undertake to use confidential information obtained in connection with the performance of the Agreement concerning the other Party, including in particular information constituting a corporate secret of the Party, exclusively for the purpose of performance of the Agreement and not to disclose such information to third parties without the consent of the other Party, unless the obligation to disclose the information results from mandatory provisions of law.

  2. Each Party shall treat any data, material or information, not constituting a business secret regardless of its form and content, received from the other Party as confidential, unless that Party has expressly indicated that such material or information may be disclosed to third parties.

  3. The Parties undertake to maintain the confidentiality of confidential information obtained in connection with the performance of the Agreement during the term of the Agreement and for a period of 2 years after its expiry or termination.


XIII. COMPLAINTS

Complaints about the Services should be submitted by e-mail to: info@wod.guru. WodGuru will consider the complaint within 14 (in words: fourteen) days of receipt. A response to the complaint will be sent to the email address of the Customer making the complaint indicated during Registration.

XIV. DISCONTINUATION OF SERVICE. TERMINATION OF THE CONTRACT.

  1. The Agreement between the Parties is for an indefinite period of time.

  2. WodGuru and the Customer have the right to terminate the use of the Services and to terminate the Agreement at any time without stating a reason provided that fourteen days' notice is given.

  3. The moment of termination of the Services under the Agreement shall be deemed to be the moment of deletion of the account by the Customer - which is tantamount to the termination and termination of the Agreement. For the termination to be effective, a documentary form is sufficient (e.g. sending information by e-mail).


XV. MARKETING CONSENT

The Client consents to the use of the following materials and information:

by WodGuru solely for advertising and marketing purposes relating to WodGuru's business, to the following extent:

Marketing consent is granted for an indefinite period and may be revoked at any time in documentary form provided that it is sent to the e-mail address [info@wod.guru].

XVI. FINAL PROVISIONS

  1. WodGuru and the Customer have the right to terminate use of the Services and to terminate the Agreement at any time without showing cause. The moment of termination of the Services under the Agreement shall be deemed to be the moment of deletion of the account by the Customer - which is tantamount to the termination and termination of the Agreement. For the termination to be effective, the electronic form (sending information via e-mail) is sufficient.

  2. The Terms and Conditions are made available free of charge at the following link: https://wod.guru/en/terms, in a form that allows it to be downloaded, saved and printed. 

  3. WodGuru informs, and the Customer agrees, that any notifications, information or other communications from WodGuru related to the provision of the Services will be sent electronically to the email address of the Customer indicated in the registration form.

  4. WodGuru has the right to make changes to the provisions of the Terms and Conditions. If changes are made to the Terms and Conditions, WodGuru will update the text on the website and make the information available to the Customer within the WodGuru system. If the Customer does not agree to the new text of the Terms and Conditions, the Agreement shall be terminated as of the last fully paid billing period. Any amendment to the Terms and Conditions shall come into force on the date of its announcement.

  5. The court of competent jurisdiction for any disputes arising from the Agreement shall be the common court with jurisdiction over the place of business - WodGuru.

  6. The Terms and Conditions shall come into force on 01.01.2023.


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