App Terms and Conditions

Terms and Conditions for the Iron Kegel Application

Effective from October 1, 2021 These Terms and Conditions define the general conditions for using the Iron Kegel application and set out the rules and conditions for providing services to Users electronically (Article 8 of the Act of July 18, 2002 on the provision of electronic services).

§ 1 DEFINITIONS AND CONTACT DETAILS

Subscription – payment for access to the Application for a period of one (1) or three (3) months
Application – the application named Iron Kegel, i.e., software operating on mobile devices enabling access to workouts and other content related to training and a healthy lifestyle, provided by Softroids
Softroids – Softroids limited liability company based in Wrocław (50-555), at Krynicka 8 lok. 10, entered into the Register of Entrepreneurs kept by the District Court Wrocław – Fabryczna, 6th Commercial Division of the National Court Register under the number KRS: 0000881847, NIP: 8992892803, REGON: 388087871, with a share capital of PLN 5,000.00,
Consumer – a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity, referred to in art. 22(1) of the Civil Code
Billing Period – the Subscription period chosen by the User, lasting one (1) or three (3) months; The Billing Period is equal to the subscription period of the Application in the Google Play or App Store
Training Plan – sets of exercises for each day, developed by Softroids, with possible rest days, assuming progression to the next levels of difficulty and intensity of exercises
Privacy Policy – the rules for processing personal data applicable at the Service Provider
Regulations – these regulations
Website – https://ironkegel.com
License Agreement – a license agreement, based on which the User has a non-exclusive right to use the Application and the materials provided in it, exclusively for purposes not related to the conducted business activity, within the scope specified in the Regulations
Service Agreement – an agreement for the provision of services electronically, concluded remotely, on the terms specified in the Regulations, between the User and the Service Provider
Service Provider – Softroids
User – a natural person using the Application, i.e., a person for whom electronic services are provided and who is a licensee, on the terms specified in the Regulations

SOFTROIDS CONTACT DETAILS:

headquarters and correspondence address: Krynicka 8 lok. 10, 50 – 555, Wrocław
e-mail address: hello@ironkegel.pl
website: https://ironkegel.com

§ 2 BASIC RULES FOR USING THE APPLICATION

Installing the Application on a mobile device and purchasing the Application subscription in the Google Play or App Store gives the User access to materials provided in the Application by Softroidssuch as the Training Plan, exercise instructions, and educational animations showing the position of the Kegel muscles.
Materials within the Training Plan (exercise set for a given day) are gradually made available in the Application – the condition for making the next set of exercises for the next day available is to play the entire training for a given day. The already available exercise sets are available to the User for the entire duration of the Service Agreement (i.e., uninterrupted extension of the Application subscription, for subsequent Billing Periods).
The Training Plan is divided into stages.
The User can start the Training Plan and start training from Level 1. The User at the first stage, within the available difficulty levels, can use the Iron Kegel Application.
Other materials will be available for the User in the Application for the entire duration of the Service Agreement.
The Application can only be used by: a) adults who are not fully incapacitated, b) those who do not have health contraindications to perform the exercises provided in the Application, including within the Training Plan.
It is forbidden for the User to provide unlawful or offensive content to the Application, as well as for the User to take actions contrary to the Regulations or that may cause disturbances or damage in the Application when using the Application.

§ 3 IMPLEMENTATION OF THE TRAINING PLAN – RESULTS AND HEALTH WARNINGS

The results of implementing the Training Plan or performing other exercises provided in the Application by the User depend on many factors, including the correct performance of exercises, the User’s health condition, the characteristics of their body, their diet, and lifestyle.
Softroids ensures that the Training Plan is developed to achieve results such as strengthening the pelvic floor (Kegel) muscles, however, due to the factors described in paragraph 1, achieving these results and their degree may vary for each User and Softroids cannot guarantee that the User will achieve the intended results.
Softroids does not provide medical, physiotherapy, dietary services, nor does it provide consultations in this regard, in particular, the implementation of the Training Plan or the performance of individual exercises by a given Participant. The User undertakes to implement the Training Plan, perform individual exercises at their own risk. If the User has any doubts in this regard, it is necessary to consult a doctor. Softroids recommends consulting a doctor before starting to use the Application, who will assess the risk and admissibility of implementing the Training Plan, performing individual exercises by a specific User. In case of side effects, injuries, or other ailments, it is necessary to immediately stop further implementation of the Training Plan, performing individual exercises, and consult a doctor as soon as possible.
The Training Plan, other exercises provided in the Application are not intended for pregnant women, children and adolescents, and people suffering from acute and chronic diseases.

§ 4 TECHNICAL CONDITIONS AND RISKS

For using the Application, it is necessary to meet the following technical requirements: a) having a mobile device enabling connection to the Internet, b) active connection of the device mentioned above to the Internet, c) correctly installed on the device mentioned above, iOS operating system (version 13 or newer) or Android (in a version not less than Marshmallow 6.0 API level 23), d) having an active andcorrectly configured email account, e) downloading and installing the Application on a mobile device.
The technical conditions for using the Application are important for its proper functioning, the way it is displayed, and for the security of the transmitted data.
The Application is a mobile application, i.e., it only works on mobile (portable) devices, such as cell phones, smartphones, tablets.
Specific risks associated with using the Application include the possibility of unauthorized persons gaining access to data transmitted over the network or stored on connected devices and interfering with these data, which may cause, in particular, their loss, unauthorized change, or inability to use the services offered using the Application.
Softroids does not introduce any software or data that are not part of the service content into the User’s IT system.
Softroids informs that the installation of updates provided from time to time may be necessary for the proper functioning of the Application and to ensure an appropriate level of security. Softroids recommends installing such updates immediately after they are made available through the Google Play and App Store.
The User should install operating system updates in accordance with the recommendations of the manufacturer of the mobile device and the operating system manufacturer. Lack of updates to the operating system or Application may lead to a decrease in the level of security of using the Application.
Access to the Application is not password-protected. Closing the Application, ending data transmission, losing connection, or turning off the device does not automatically log out of the Application.
Softroids recommends that if the User stops using a particular mobile device, before handing over the device to a third party, they should remove the Application from it by uninstalling it.

§ 5 CONCLUSION OF THE AGREEMENT, PRICE, AND PAYMENTS

The Application is available for download only in the Google Play store (for Android mobile devices) and the App Store (for iOS mobile devices) and through these stores, the Service Agreement and the associated License Agreement are concluded between the User and Softroids, by purchasing the Application subscription in the respective store. Downloading the Application and installing it on a mobile device is free.
The subject of the Service Agreement is the provision by Softroids of services to the User by electronic means, consisting of providing digital content in the Application such as Training Plans, instructional videos for exercises. Along with the Service Agreement, a License Agreement is concluded on the terms described in paragraph 3, which allows the User to use the Application and the materials provided in it, protected under the Act on Copyright and Related Rights of February 4, 1994.
The subject of the License Agreement is granting the User a non-exclusive right to use the Application and the materials provided in it, exclusively for purposes not related to the conducted business activity, consisting of: a) downloading the Application, saving it on a mobile device, and using its functionality, b) storing, reproducing, using, and displaying copies of the Application and the materials contained in it, and accessing them on a mobile device.
After downloading and installing the Application on the User’s mobile device, the User chooses the type of Subscription (monthly or 3-monthly), and then – subject to paragraph 6, the User is obliged to pay for using the Application according to the chosen type of Subscription. Before choosing the type of Subscription, the User has the opportunity to familiarize themselves with the Regulations and the Privacy Policy. Familiarization and acceptance of the Regulations is a necessary condition for concluding the Service Agreement and the License Agreement, and hence for using the Application.
The Service Agreement and the License Agreement are concluded between Softroids and the User at the moment of placing an order for the Application subscription in the Google Play or App Store.
The Subscription (payment for the Application subscription) is collected by the operator of the Google Play or App Store, using the User’s account registered in these stores. The conditions for using the Google Play or App Store, technical conditions, rules for collecting fees, payment methods, rules for refunding funds and canceling subscriptions, as well as processing personal data provided in connection with the purchase of access to the Application, have been determined by the operators of these stores (regulations are available at: for Google Play https://play.google.com/intl/pl_pl/about/play-terms/ and for App Store https://www.apple.com/pl/legal/internet-services/itunes/pl/terms.html).
In each type of Subscription, a free 3-day (72-hour) trial period is available. During the trial period, a training plan is available in the Application. After the trial period, the fee for the first Billing Period will be automatically charged, according to the type of Subscription previously chosen by the User, unless 24 hours before the end of this period the User cancels the subscription in the manner applicable in the Google Play or App Store.
The User gains access to the full functionality of the Application (i.e., not in the trial version), from the moment of paying the fee for the first Billing Period.
The Billing Period is counted from the day of charging the User a fee for the given Billing Period.
The amount of the Subscription is indicated in the descriptionof the Application posted in the Google Play and App Store and/or in the Application when choosing the type of package and Subscription.
The User’s use of data transmission or voice call services in connection with downloading or using the Application may be associated with fees charged by the telecommunications operator providing telecommunications services to the User. The User is responsible for paying these fees.

§ 6 TERMINATION OF THE AGREEMENT

After the end of the Billing Period chosen by the User, the Service Agreement and the License Agreement (Application subscription) are automatically extended for another Billing Period, corresponding to the period originally chosen by the User (unless the User changes the subscription by changing the type of Package or Subscription in the manner provided in the Google Play or App Store), which will be equivalent to charging the User a fee for the next Billing Period. The fee will not be charged if the User cancels the subscription under the rules applicable in the Google Play or App Store, i.e., no later than 24 hours before the start of the next Billing Period. Detailed information in this regard current as of the date of entry into force of the Regulations is available at: for Google Play https://play.google.com/intl/pl_pl/about/play-terms/, for App Store https://support.apple.com/pl-pl/HT202039. Cancelling the subscription in this period will take effect from the next Billing Period. Cancelling the subscription in the above manner is equivalent to terminating the Service Agreement and the License Agreement.
Cancelling the subscription (termination of contracts) results in the termination of the Service Agreement and the License Agreement on the last day of the subscription validity, and consequently, the User loses access to the Application and all data saved in it and provided content and materials. Re-purchasing access to the Application does not enable the continuation of the Training Plan previously implemented by the User or the recovery of data previously entered by the User into the Application.
Uninstalling the Application from the device is not equivalent to canceling the subscription.

§ 7 WITHDRAWAL FROM THE AGREEMENT

The User as a Consumer has the right to withdraw from the Service Agreement and the associated License Agreement concluded at a distance, without giving reasons and without incurring costs, within 14 days from the date of conclusion of these agreements. Withdrawal from the agreement includes both the Service Agreement and the License Agreement.
To exercise the right to withdraw from the agreements referred to in paragraph 1, the User: a) submits a statement to the store operator, through which the agreements were concluded (the Application was purchased) in accordance with the rules applicable in these stores – information on the procedure as of the date of entry into force of the Regulations can be found at: for Google Play https://play.google.com/intl/pl_pl/about/play-terms/, for App Store https://www.apple.com/pl/legal/internet-services/itunes/pl/terms.html or b) submits to Softroids a statement on this matter in writing to the address: ul. Krynicka 8 lok. 10, 50 – 555 Wrocław or by email to hello@ironkegel.pl; when submitting a statement, the User may use the withdrawal form, which is Annex No. 1 to these Regulations; the form template is also Annex No. 2 to the Act of May 30, 2014 on consumer rights; using the form is not mandatory.
To meet the deadline indicated in paragraph 1, it is enough to send a statement of withdrawal from the agreement before its expiry. In the event of a declaration of withdrawal from the agreement by electronic means, the User will immediately receive confirmation of receipt of the declaration of withdrawal.
Due to the method of concluding agreements (via Google Play or App Store) and providing services exclusively electronically, the User choosing the method of withdrawal from the agreement referred to in paragraph 2 lit. b, to avoid further charges for the Application, should also cancel the Application subscription according to the rules applicable in the Google Play or App Store (information on this subject current as of the date of entry into force of the Regulations is available at: for Google Play https://play.google.com/intl/pl_pl/about/play-terms/ and for App Store https://support.apple.com/pl-pl/HT202039). Softroids informs that it does not have access to the data of Users who have purchased a subscription to the Application, nor to the User’s account in the Google Play and App Store, and therefore, it is not possible to cancel the subscription of a given User with effect against Google Play and App Store. The User, after submitting a declaration of withdrawal from the agreement in the manner referred to in paragraph 2 lit. b, should also immediately stop using the Application because as a result of submitting a declaration of withdrawal from the agreement, the agreements concluded with Softroids are considered not concluded, and therefore, the User loses the legal title to use the Application.
Softroids will refund the payment to the bank account indicated by the User immediately, but no later than 14 days from the day of receiving the statement of withdrawal from the agreement. In the event of withdrawal from the agreement in the manner indicated in paragraph 2 lit. a, the payment will be refunded via and on the terms applicable in the store where the application was subscribed.

§ 8 COMPLAINTS

Softroids makes every effort to ensure that the Application works without interruptions and that the User can fully use allits functionalities. Softroids is responsible for the proper performance of services provided through the Application.
The User may submit a complaint: a) in writing to the address: ul. Krynicka 8 lok. 10, 50 – 555 Wrocław or b) by email to: hello@ironkegel.pl.
The complaint should contain: the User’s contact details (name, surname, correspondence address or email address), the date of purchasing the Application subscription and indicating the store in which the subscription was purchased, specifying the reason for the complaint and indicating what the User is demanding in connection with the complaint.
Softroids immediately, but no later than within 30 days, considers complaints and provides the User with a response, unless a shorter period for responding to a complaint results from a mandatory legal provision.
Complaints are considered based on the provisions of the Regulations and the provisions of law generally applicable in Poland.
If Softroids does not accept the User’s complaint, and the User disagrees with such a decision, the User may turn to an entity authorized to conduct proceedings in the matter of out-of-court resolution of consumer disputes, which for Softroids is: Trade Inspection, Lower Silesian Provincial Inspector of Trade Inspection in Wrocław, ul. Ofiar Oświęcimskich 15A, 50-069 Wrocław http://wiih.ibip.wroc.pl/public, e-mail: sekretariat@wiih.wroclaw.pl
The User may participate in online dispute resolution through the platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL
Complaints can also be submitted in the manner applicable in the Google Play and App Store.

§ 9 COPYRIGHT

The Application and the content and materials provided within it are protected as works within the meaning of the Act on Copyright and Related Rights of February 4, 1994, and may not be distributed or used by the User in a manner contrary to the terms of the license referred to in § 5 paragraph 3.

§ 10 PERSONAL DATA

The rules for processing Users’ personal data by Softroids have been regulated in the Privacy Policy.

§ 11 FINAL PROVISIONS

The Regulations are made available free of charge in the Application and on the Website in a way that allows it to be displayed, downloaded, saved and printed.
The law applicable to the Service Agreement and the License Agreement is Polish law, with the reservation that the choice of Polish law operates without prejudice to the protection provided to consumers by the mandatory laws of the country of their habitual residence.
In matters not regulated in these Regulations, the following in particular apply: a) the Act of May 30, 2014 on consumer rights, b) the Act of July 18, 2002 on the provision of electronic services, c) the Civil Code of April 23, 1964, d) the Act on Copyright and Related Rights of February 4, 1994.
Softroids is entitled to change these Regulations for important reasons, in particular such as: a) change in the legal status requiring changes to the Regulations, b) changes in the functioning of the Application, c)changes in the operation of the Google Play or App Store, d) correction of errors and mistakes in the Regulations.
The User, who already has a Service Agreement and License Agreement with Softroids, will be informed about the change of the Regulations by posting information in the Application.
The new version of the Regulations applies to the User referred to in paragraph 5 on the date indicated in the new version of the Regulations, but no earlier than: a) from the next Settlement Period if the information about the change of the Regulations and its new version was made available in the Application no later than 21 days before the end of the current Settlement Period, b) after the next Settlement Period if the information about the change of the Regulations and its new version was made available in the Application later than 21 days before the end of the current Settlement Period.
If the User does not agree to the changes to the Regulations, he is entitled to terminate the Service Agreement and the License Agreement on the terms described in § 6.
The Regulations in the amended version apply to Service Agreements and License Agreements concluded after the date indicated as the date of validity of a given version of the Regulations.

§ 12 USE OF OPENAI PLUGIN

The User acknowledges and agrees that the OpenAI plugin provided as part of the Service is governed by the terms and conditions of OpenAI. The User is responsible for complying with these terms in addition to the terms set forth in this Agreement.
The OpenAI plugin is provided „as is” without any warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The User acknowledges that the OpenAI plugin may not function as intended if the User does not comply with the terms of OpenAI. The Provider is not responsible for any damages, losses, or issues that may arise from the use of the OpenAI plugin.”