HUBEG.COM Terms of Service
1. General Provisions
1.1. hubeg.com web application available at hubeg.com (hereinafter application) is operated and administered by CLINBIT Spółka z ograniczoną odpowiedzialnością, Aleja Pokoju 18, 31-564 Krakow, Poland, KRS (National Court Register No.): 0000716258, NIP (tax identification number): PL6762544279, hereinafter ”Service Provider”. Other contact details of the Service Provider: e-mail: [email protected].
1.2. The Service Provider is a party to the concluded agreements and the controller of personal data provided by Users via the application.
1.3. The terms of using the application, in particular the terms of the agreement, are specified in these Rules.
2. Fees and payment methods
2.1. Fees are charged for using the application. The fees are defined in the price list published on the application website.
2.2. The prices of services/packages are given in net amounts.
2.3. The service provider enables payment by credit card via Stripe Payments Europe Ltd. with headquarters in Ireland, website: https://stripe.com
2.4. By placing an order and accepting these regulations, the Service Recipient agrees to send invoices and their duplicates and corrections in electronic form within the meaning of art. 106n paragraph. 1 of the Act of March 11, 2004 on tax on goods and services to the e-mail address provided by the customer when creating the account or when placing the order. In the event of a change of the e-mail address, the recipient undertakes to notify the service provider about this fact. In the absence of such action on the part of the customer, it is considered effective delivery of the invoice to the e-mail address provided so far. The Service Provider reserves the right to send invoices in paper form by traditional means in the event of technical obstacles.
3. Scope of Services Provided in the Application
3.1. The application is used to manage, plan and control the work of EMS training studio.
3.2. In particular, the application allows you to:
- define studies, equipment, membership (passes),
- add User staff (trainer) accounts,
- make it possible for User's staff (trainers) to create accounts of Users (individuals who do exercises),
- plan trainings in the calendar,
- create corporate memos,
- create and generate KPI (Key Performance Indicator) reports,
- create timetables for User's staff (trainers),
- use a POS system to handle sales,
- create an organisation and manage a franchise chain,
- handle the warehouse,
- send text messages to clients,
- integrate your EMS studio with an on-line payment operator for automated collection of fees from the User's clients.
3.3. The proper use of individual services offered via the application is described in User's Instructions available at hubeg.com.
3.4. Access to the application and the provision of services referred to above are free of charge.
3.5. The integration of an EMS studio with an on-line payment operator is possible after concluding a separate contract with an entity providing such service.
3.6. When the User's clients make payments using the application, the following are deducted from the payment sum:
- commission and other fees resulting from the price list of the payment operator or the issuer of a credit card;
- commission of the Service Provider in the amount of 0.5% of the payment sum.
4. Conclusion of the Agreement and its Term
4.1. Each registered User may use a single 14-day trial period to use the application without incurring any fees in this regard. Activation of the trial period takes place immediately after the Service Provider confirms the acceptance of the application, i.e. by sending an e-mail to the User's address provided during registration. After the end of the trial period, the User, in order to continue using the application, should select the package of interest to him in the manner described in the following sections and place an order to conclude the contract.
4.2. In order to conclude the agreement, the User should choose the relevant package and place an order by taking subsequent technical actions based on the information displayed in the application.
4.3. The order is accepted by sending an e-mail to the User's address specified when placing an order.
4.4. The Agreement is concluded upon confirmation of order acceptance but no earlier than upon the receipt by the User of a fee for the use of the website.
4.5. The Agreement is concluded for a definite term of one month or one year, depending on the settlement period chosen by the User. The Agreement is automatically extended for the subsequent settlement period if prior to its expiry the user does not express its intention to resign from using the application. After the Agreement is extended for another settlement period, the User's credit card will be automatically charged with the amount equal to the fee for the next period.
4.6. The User may resign from using the application at any time but access to the application will be guaranteed until the end of the settlement period. The Service Provider will not refund payments made by the User in case it resigns from using the application prior to the expiry of the settlement period.
4.7. In the event there are no sufficient funds in the User's credit card to charge the fee for the subsequent period of application use, access to the application will be temporarily suspended. If the Service Provider receives payment for the subsequent period, it will unblock User's access to the application immediately. In such case, it is assumed that the subsequent settlement period began on the day following the expiry of the previous settlement period.
4.8. During the term of the Agreement, the user may decide to change the package. For this purpose, the User should submit an appropriate request to the Service Recipient via e-mail or select an appropriate option in the User's account.
4.9. If the package is changed to a more expensive one, the Service Provider will activate this package immediately after receiving the price due. The price that the User is obliged to pay in order to use the more expensive package is determined in proportion to the time remaining until the end of the billing period.
4.10. If the package is changed to a cheaper one, the Service Provider activates this package only after the current billing period. Until the end of the settlement period, the User uses the existing package, and the Service Provider is not obliged to return the amount equal to the difference in package prices.
4.11. After the end of the selected billing period, the user has the option to change the billing period from annual to monthly and from monthly to yearly.
4.12. Any information posted on the application website, including prices and descriptions of services, does not constitute an offer but an invitation to conclude the agreement.
4.13. The placing of an order by the User is tantamount to the offer to conclude an agreement. The placing of an order is possible upon the acceptance of the Rules and Privacy Policy.
5. Use of the Application
5.1. Access to the application is given to the User immediately upon the conclusion of the agreement. Login is possible using the data given when creating the account.
5.2. The User is obliged to use the services provided via the application in a manner compliant with its nature and intended use, good practices and provisions of law.
5.3. The User may permanently or temporarily block access to the application with immediate effect if the User or one of its employees or clients:
- breaches the Rules,
- takes action which compromises the security of data collected in the application,
- uses the application in a manner which leads to committing a prohibited act within the meaning of the applicable provisions of law,
- provides illegal content,
- uses the application in a manner which infringes upon or is a threat to the integrity of the Service Provider's IT system or legitimate interests of the Service Provider,
- takes action which may disturb the proper performance of services by the Service Provider in any way, including the correct functioning of the application.
5.4. The Service Provider will unblock access to the application upon the fulfilment by the User of all obligations imposed by the Service Provider so that the status of compliance with legal provisions, Rules or good practices is restored. If access is blocked, this will not entail the obligation of the Service Provider to refund the fee paid.
5.5. In the event the User has problems accessing the application, it should immediately contact the Service Provider in order to solve the problem.
5.6. Temporary inability to use the application for technical reasons independent of the Service Provider does not give grounds for the withdrawal from the Agreement by the User or for requesting price reduction.
6. Complaints
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7. Personal Data Processing
7.1. The controller of personal data is the Service Provider whose registration details are given in item 1.1 of the Rules.
7.2. Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter GDPR) and other generally applicable provisions of law.
7.3. 7.3. Data obtained by the Controller at the stage preceding agreement conclusion, during the conclusion of the agreement and in the course of its performance is processed based on (purposes of processing): (a) your consent to data processing for a specific purpose (Article 6(1a) of GDPR), (b) the necessity to perform agreements concluded by you with the Controller and measures taken before the conclusion of these agreements at your request (Article 6(1b) of GDPR), (c) the need to comply with the Controller's legal obligation (Article 6(1c) of GDPR).
7.4. Your personal data may be processed in relation to the Controller's legitimate interest for the purpose of securing and asserting claims, and for the purposes of direct marketing of services provided by the Controller (Article 6(1f) of GDPR).
7.5. Personal data is given voluntarily but the provision of the data is necessary to conclude an agreement and perform it properly.
7.6. For the purpose of the proper performance of services, the Controller may make your personal data available to the entity handling electronic payments or credit card payments, to a bank which keeps the Controller's bank account for the purpose of payment for service, and to an accounting company. The Controller may make your personal data available to entities which provide hosting services and entities from the IT industry which support the Controller in the proper performance of service, such as SMS gateway operator, entity providing e-mail services to the Controller, and entity providing technical support for the application.
7.7. The Controller processes personal data originating directly from you (data subjects). In the case of employees and individuals providing services to the Controller's Clients based on civil law contracts - your data may be provided by these Clients. The personal data of persons whose accounts have been created by the Controller's Client may originate from such entity.
7.8. Personal data collected for the purpose of the conclusion or performance of the agreement and fulfilment of a legal obligation by the Controller is stored for a period necessary for: (1) securing or asserting any claims arising out of the agreement, (2) performing the agreement (e.g. processing complaints), (3) fulfilling a legal obligation imposed on the Controller (resulting from e.g. accounting and tax provisions). Personal data processed for marketing purposes and other purposes not mentioned above will be processed until the withdrawal of consent given for this purpose or until objection.
7.9. You have a right to request that the Controller give you access to your personal data, to have it rectified, deleted or its processing restricted, the right to object to its processing, and the right to transfer your data. You also have a right to complain to a supervisory authority.
7.10. More information on personal data processing by the Controller can be found in Privacy policy.
8. Technical Conditions of Service Performance
8.1. The Service Provider is obliged to provide services via the application on a permanent and uninterrupted basis.
8.2. The Service Provider reserves a right to temporarily suspend the provision of services for maintenance or technical service in relation to the functioning of a telephone network or the Internet or associated with the maintenance or modification of the application.
8.3. The use of the application requires the User to have an end device (desktop computer, laptop) equipped with a web browser (the current version of one of the browsers: Google Chrome, Safari, Mozilla Firefox, Microsoft Edge) and connection to the Internet.
9. Final Provisions
9.1. The consent to the provisions of these Rules is necessary for the conclusion of the agreement.
9.2. The Service Provider applies due diligence in order to render services via the application in a permanent and uninterrupted manner. However, the Service Provider does not bear liability for disturbance in the functioning of the application and loss of data as a result of factors independent of the Service Provider and not through its fault, in particular for disturbance or loss of data as a result of force majeure, unauthorized interference in the application by Users or third parties, Internet failure or equipment failure.
9.3. The Service Provider will not bear liability for materials and content made available or published by the User, except for cases defined in generally applicable law.
9.4. Service Provider's total liability for damages is limited to the fee paid by the User for the settlement period during which damage has occurred.
9.5. The Service Provider does not bear liability for unauthorized access to the application as a result of circumstances which are not controlled by the Service Provider and are not its fault.
9.6. The generally applicable provisions of law of Poland will apply to the matters which are not governed in these Rules.
9.7. Disputes arising out of agreements concluded with the User in accordance with these Rules will be settled by a common court competent for the Service Provider's registered address.
9.8. The Service Provider reserves the right to change these rules for significant reasons, including in particular due to a change in applicable regulations, change in the functionality of the portal, change in the method of provision of services or their scope. Changes to the rules come into effect after 14 days from being published in the application. The User will be notified about any change to the rules in a message sent to the e-mail address as specified in the application.
9.9. The Rules take effect as of 14 February 2022.