Terms and Conditions
The following document (hereinafter – the Agreement/Contract) represents the terms and conditions of the legal relationship between LIFFIT LLC (I/N 405471528) and the customer. The purpose of the agreement is to define terms and conditions of rendering services by the company to the customer and define other issues connected to such a legal relationship.
1.1. Unless the agreement specifies otherwise, or its context requires otherwise, the below definitions have the following meanings:
1.1.1. Company - LIFFIT LLC (I/N 405471528);
1.1.2. Application – Application owned by the company name of which is LIFFIT, in which the customer is able to register and get the services from the company;
1.1.3. Personal page/Personal profile – Customer’s personal profile in the application via which the customer can use the application;
1.1.4. Customer – the capable person, registered in the application, who receives the services from the company;
1.1.5. Annex – the annex(s) to the agreement (if any), representing an integral part of the agreement and effective in conjunction with it;
1.1.6. Legislation – effective legislative instruments and by-laws of Georgia and international agreements and covenants included in the system of normative acts of Georgia;
1.1.7. Third party – any party except the Provider and/or the Customer;
1.1.8. Party/Parties – the Company and/or the Customer, as the context may require;
1.1.9. Agreement/Contract – the following Terms and Conditions; and any additional Annex (if any), concluded/to be concluded between the Parties concerning the implementation of this agreement, including the changes and additions introduced to such documents from time to time;
1.1.10. Concluding the agreement – The fact of registration in the application by which the customer agrees with the following Terms and Conditions.
2. Subject of the Agreement and additional conditions
2.1. Based on the agreement and per its terms and conditions, after registration into the application, the company allows the customer to use the application, in particular:
2.1.1. Immediately after registration into the application, the customer is entitled to use the free content of the application, which means access to the fitness videos located in the interface of the application (hereinafter – the free content);
2.1.2. Following registration into the application, the customer has an opportunity to purchase a valuable content of the application (4 and or 12 weeks membership), which means access to the fitness/exercise program specially created for the customer (after filling out a special questionnaire by the customer) and relevant fitness videos (including video demonstrations of relevant exercises) (hereinafter – the valuable content);
2.2. The valuable content can be purchased by the customer through the relevant page in the application itself, which allows the customer to select the duration of the membership. On the same page, the customer fills out a specially designed questionnaire, based on which a specially designed exercise program is generated.
2.3. Payment for valuable content can be carried out by the customer via electronic transfer through the appropriate payment system integrated into the application.
2.4. After the expiration of the term of the valuable content, the customer is restricted from accessing the valuable content and uses only the free content. However, before the expiration of the membership, the customer will be notified about the expected expiration of the term. The customer is entitled to purchase a new package of valuable content at any time.
2.5. The Customer realizes that the demonstration video materials, which become available to him/her after the purchase of valuable content, are relevant only for the exercise program specially designed for him/her. Therefore, the customer is prohibited from disclosing the above video materials and/or exercise program to third parties. For the avoidance of doubt, the company is not liable for any damage caused to such persons as a result of the transfer of the above demonstration video materials and/or training program to third parties.
2.6. Any photo/video/audio material posted in the application is the property of the company and the result of intellectual creation. Therefore, the user is prohibited from using this material for commercial purposes.
3. Representations and Warranties
3.1. The Customer represents and warrants that:
3.1.1. As of the moment of registration in the application, he/she/it is/will be capable (among them established according to the procedure stipulated for by the legislation);
3.1.2. Registration in the application and sufficiently the agreement on the foregoing Terms and Conditions as performed by him/her/it voluntarily, without any violence, threat, cheating, misleading, and/or any other circumstances on behalf of the company or the third-party;
3.1.3. During the period of legal relationship assumed under the foregoing agreement, he/she/it adheres/will adhere to the terms of any agreement and/or other covenants, and/or other commitments, disregard of which may have an adverse effect on the above-mentioned legal relationship;
3.1.4. His/her/its actions are/will not be intended to cheat the company. Taking into account this principle, the document and/or information submitted by him/her to the company for the purpose of execution and/or implementation of the foregoing agreement, at the moment of submission, is/will be true, correct, and complete;
3.1.5. The violation of the company’s policy or any of the above-mentioned clauses will immediately cause his/her/its disqualification from the process of procurement of the Services and/or termination of the Agreement.
3.2. These Representations and Warranties of the Customer are in effect prior to the full and due performance of the obligations assumed by the Parties under the agreement, despite full or partial termination of the agreement.
3.3. The Customer shall immediately inform the company in writing regarding all circumstance(s) which may be incompliant with his/her/its above Representations and Warranties and/or cause their violation; Also, he/she/it shall notify the company on any such occurrence which jeopardizes full and due performance of obligations by the customer assumed under the agreement.
3.4. The Parties represent and acknowledge that the company enters/will enter into and enforce the agreement only on the basis of the above Representations and Warranties of the Customer.
4. Other Rights and Obligations of the Parties
4.1. In order to ensure implementation of the Agreement/Contract, the Parties:
4.1.1. Are authorized to utilize the rights defined by the agreement and/or applicable legislation;
4.1.2. Are obliged to fulfill the obligations defined by the agreement and/or applicable Legislation in full and duly.
4.2. If the circumstances that had provided grounds for the conclusion of the agreement explicitly changed after entering into the Agreement and the Company would not have concluded the agreement or would have concluded it with different contents in view of the said changes; the company is authorized to request that the customer match the agreement with the changed circumstances. When making a decision on making changes to the agreement, the extent of changed circumstances shall be taken into consideration. Also, Parties agree that information and/or documentation provided by the company will be deemed as qualified information and/or documentation and will not be disputed by the customer.
5. Responsibilities of the Parties
5.1. The Parties undertake to compensate each other for the damages (loss) caused by their failure to implement the agreement in full or partially or by improper implementation, in the manner established by the legislation, while compensation of the damages (loss) does not relieve the Parties of fulfillment (payment) of obligations under the agreement.
6.1. Settlement transaction between the Parties is carried out by way of non-cash payment.
6.2. Settlement shall be carried out in the national currency of Georgia.
6.3. The amount that should be paid by the customer shall be placed on the foregoing bank account of the Company: Name of the bank: JSC TBC Bank; Code of the bank: TBCBGE22; Account number: GE33TB7484645067800002.
6.4. The amount that should be paid by the company shall be placed on the respective bank account of the customer, which is indicated in the personal profile of the customer or additionally provided by the customer.
6.5. Only the following amounts are subject to payment by the company to the customer: a) the amount payable by the company in return for the damage caused to the customer (based on the relevant court decision), And b) amounts erroneously transferred from the user's bank account to the company's bank account as a result of a technical defect in the mobile application. For the avoidance of doubt, the amount paid by the user for the purchase of paid content is not subject to a refund (in no case).
7. Communication between the Parties
7.1. Any official communications between the Parties shall be in writing. A written notice for the party may be delivered personally or sent by courier (including international courier) or post (including insured post). For the purpose to save time and take into account the provisions outlined below, notice to the customer can be to the email and/or mobile number (as an SMS) defined by the customer.
7.2. Notice to the company can be sent to the address of the company’s head office: Tbilisi, Koka Kldiashvili st. N1 and/or to the email of the company email@example.com.
7.3. Notice to the customer can be sent to the address and/or email defined by the customer during registration in the application.
7.4. A Party is obliged to notify another Party in a timely manner on change of the address/addresses or any of the data. Otherwise, communications carried out at the address provided by the party (sending notices, etc.) shall be deemed duly performed.
7.5. Notice shall be deemed delivered on the delivery date if the recipient confirms such delivery (including through electronic document, receipt, other relevant means of communication, etc.). If the receipt of an electronic notice (for example, email) is not confirmed by the recipient, any such notice shall be deemed duly sent and received on the third day since it was sent.
7.6. Notice shall be deemed received in case the sending party receives back a notice due to the absence of the receiving party at the given address/contact data; the recipient refuses to accept the notice or avoids receiving a notice.
8.1. The Parties shall keep any kind of information received from the other party confidential throughout the entire term of the agreement and after completion of the contractual relations.
8.2. The above limitation regarding confidentiality shall not refer to information or disclosure of information:
8.2.1. Which was known without the breach of the legislation to the party receiving information prior to delivering information to another party;
8.2.2. Which will be disclosed by the Parties by adhering to the requirements of the legislation and for their due performance (including for exercising its rights by any of the Parties through court (including arbitration court));
8.2.3. If the Party discloses any information for the purpose of exercising the rights resulting from failure to perform or duly perform the conditions of the agreement by the other party. In this case, the disclosing party is obliged to ensure keeping the confidentiality of the disclosed information by the third party;
8.2.4. Which may be obtained from other sources;
8.2.5. Which is, or will become available to the third-party a) upon written agreement of the Parties in which case the party disclosing information shall be fully responsible for keeping by the third-party information delivered to it confidential or b) independently of any of the Parties.
9. Claims and Disputes
9.1. Claims arising between the Parties may be delivered to the Partie in writing and/or verbally. A Party receiving a claim shall within 5 (five) calendar days satisfy the claim fully or partially or notify the other party in writing and/or verbally on refusal to satisfy the claim.
9.2. Any dispute (including the existence, interpretation, implementation, and execution of the agreement) shall be resolved through negotiations. In case of failure to negotiate, the Parties shall refer the disputed issue to court. At the same time, the Parties agree that the decision made by the first instance court in favor of the company shall be immediately executed.
10. Effectiveness, termination, and suspending of the Agreement
10.1. The Agreement becomes effective from the moment of registration of the customer in the application and stays effective in the whole period of using the application by the customer.
10.2. The Agreement can be terminated:
10.2.1. In case of the abolishment of the customer’s personal profile due to the notice sent by the customer;
10.2.2. In case of the abolishment of customer’s personal profile due to the decision of the company; 10.2.3. In other cases stipulated by the legislation.
10.3. The Agreement can be suspended in case of blocking the customer’s personal profile due to the decision of the company.
10.4. Termination and/or suspending of the agreement does not relieve the customer from the discharge (payment) in full and properly of obligations assumed under the agreement and/or the obligations established by the legislation before the moment of coercive or voluntary enforcement of such obligation. 10.5. If the agreement does not stipulate the results (responsibility) of termination of the agreement in full or parts, the parties shall be guided by the applicable legislation.
11. Modifications and Amendments
11.1. Amendments and modifications to the agreement may be made in writing, as agreed by the Parties. Also, the company is entitled to make changes to the agreement unilaterally, without the additional consent of the customer.
11.2. Amendments made to the agreement by the Parties mutual agreement enters into force at the moment of signing by parties.
11.3. Amendments made to the agreement by the unilateral decision of the company enter into force after 5 (five) days since the moment of its placement into the application (at the noticeable place). Before entering into the amendment, the customer has a chance to become aware of the above-mentioned amendment. In case of rejection, the customer can send a notice to the company on the abolishment of his/her personal profile.
11.4. Amendments and modifications introduced to the agreement represent Annex and an integral part of the agreement.
12. Other Conditions
12.1. The Parties confirm that the contents of the agreement explicitly express the will of the Parties and that the expression of such will occurred as a result of a reasonable judgment of the contents of the agreement and not solely based on literary meaning.
12.2. No use by the party of the rights granted by one of the Parties to the other with regard to full or partial breach of the agreement and/or legislation shall not apply to any subsequent breach of the Agreement and/or Legislation.
12.3. Annulment of any of the article(s), paragraph(s) and/or sub-paragraph(s) of the Agreement shall not cause annulment of other paragraph(s) and/or sub-paragraph(s) of the Agreement. Instead of the annulled provision, a new provision will be used, which will allow easier achievement of the goal envisaged by the agreement (including by annulled provision).
12.4. The Agreement is interpreted and regulated according to the legislation. In cases not envisaged by the agreement, the Parties shall adhere to the norms established by the legislation regulating relevant relationships and/or additionally agreed on terms.
12.5. The Agreement is made in the Georgian language, and its text is placed in the system of the application (at a prominent place).
Annex to the Terms and Conditions
The foregoing document (hereinafter – the Policy) is a Policy of LIFFIT LLC (I/N 405471528) (hereinafter – the Company) which sets out the principles and mechanisms for collection, processing, and protection of personal data by the Company and represents an integral part of Terms and Conditions. The purpose of the Policy is 1) to protect human rights and freedoms, including privacy, while processing the personal data by the Company; 2) ensure the security of personal data; 3) Compliance with the normative acts related to the protection of personal data, including the provisions of the Law of Georgia on Personal Data Protection.
1. Personal Data Protection
1.1. During registration in the mobile application owned by the Company, the user voluntarily transfers the following personal data to the Company (by filling in the relevant fields):
1.1.1. Name and Surname;
1.1.2. Personal number;
1.1.4. Legal/registration address;
1.1.5. Email address;
1.1.6. Personal mobile number.
1.2. By registering in the company's mobile application, the user also agrees to the company to store and process the following user data:
1.2.1. Data posted on the user's Facebook page (public profile, e-mail, etc.);
1.2.2. Data registered in the user's Google profile (email, profile photo, etc.)
1.3. After the transfer of personal data to the Company, in case of any changes in the above-mentioned data, the customer/user shall be obliged to provide to the Company all changed data within a reasonable time period.
2. Purpose of Obtaining and Processing Personal Data
2.1. The Company receives and processes personal data from the customers to identify customers and provide them with quality services.
3. Principles of Personal Data Processing
3.1. The Company is guided by the following principles when processing personal data:
3.1.1. The personal data must be processed fairly and lawfully, without prejudice to the dignity of the data owner;
3.1.2. The data should only be processed for specific, clearly defined, legitimate purposes. No further processing of the data may be allowed for any other purpose other than the original purpose;
3.1.3. The personal data may only be processed to the extent necessary to achieve the appropriate lawful purpose. The data must be adequate and proportionate to the purpose for which they are processed; 3.1.4. The data should be accurate and correct and should be updated as necessary. Inappropriate data collected and processed without lawful ground shall be blocked, deleted, or destroyed;
3.1.5. The data may be stored only for the period necessary for the purpose of data processing. After achievement of the purpose for which the data is processed, they shall be blocked, deleted or destroyed, or stored in the exclusionary form of identifying a person, unless otherwise provided by law.
4. Terms of Storage of Personal Data
4.1. The Company holds the personal data of customers during the period of the legal relationship between the Company and the customer.
4.2. Upon termination of the legal relationship between the Company and the customer, the Company shall archive the personal data of the customer. In such case, the customer is entitled to require to destroy his/her personal data stored in the archive of the Company.
5. Providing Information to the User / Deletion of personal data
5.1. Upon the request of the customer, the Company is obliged to provide the customer with the following information:
5.1.1. Information about the customer’s personal data protected/stored by the Company;
5.1.2. Identification of the employee responsible for data processing;
5.1.3. Legal bases for data processing;
5.1.4. The reason and purpose for data processing;
5.1.5. To whom was issued personal data, the bases, and purpose of the data issuance.
5.2. The user is entitled to request the deletion of his/her personal data protected by the company at any time, the rule/instruction for requesting the deletion of personal data is posted on the following link: https://liffit.app/data-deletion-instructions
5.3. In the case provided in paragraph 5.2 of this Article, along with the deletion of the user's personal data, the user profile registered in the company's mobile application shall also be deleted.
6. Processing of Data by Authorized Person/Authorized Employee of the Company
6.1. The authorized person/authorized employee of the Company shall process the user’s/customer’s personal data only for the purposes set forth in this Policy. Any further processing of data by the authorized person of the Company for any other purpose is forbidden. It is inadmissible for an authorized person to transfer data processing rights to any other person without the consent of the authorized representative (director) of the Company.
6.2. The authorized person on data processing is obliged to take appropriate organizational and technical measures to protect the data.
6.3. The Company is obliged to monitor the data processing by the authorized person..
7. File System and File System Catalog
7.1. The Company ensures to construe and sort personal data according to specific criteria (file system). 7.2. The Company is obliged to maintain a file system directory for each file system and record the following information:
7.2.1. The name of the file system;
7.2.2. The name and address of the company and the person authorized to process the data, the place of storage, and/or processing of the data;
7.2.3. Legal bases for data processing;
7.2.4. Category of data subjects/users;
7.2.5. Data category in the file system;
7.2.6. Purpose of data processing;
7.2.7. Term of data storage;
7.2.8. The fact and the ground of restricting the right of the data subject;
7.2.9. The recipient of the data stored in the file system and their categories;
7.2.10. Information on the transmission of the data to another country and/or international organization and the basis for such transmission;
7.2.11. General description of the procedure for data security protection.
8. Security of Personal Data
8.1. The personal data obtained by the Company/provided by the customer to the Company is stored electronically in the system of the mobile application owned by the Company (hereinafter – the System) in which the customer is registered.
8.2. Access to the personal data in the system has only the appropriate employee of the Company, who is obliged to keep confidentiality of data even after termination of his/her official authority.
9. Transmission of Personal Data to the Third Parties
9.1. The Company is entitled to order to protect its rights to transfer customer’s personal data to the third parties involved in the protection of rights of the Company, such as lawyer, expert, etc.
9.2. The Company is entitled to transfer customer’s personal data to the contractor providing the Company with the services to be provided by the Company to the customer.
9.3. The Company may only transfer the personal data of customers to third parties to the extent necessary for the purposes of the transfer.
9.4. In case of any transfer of personal data by the Company to the third parties, the Company is obliged to ensure that the recipient of the personal data undertakes to protect the privacy/confidentiality of the personal data. 9.5. In case of any transfer of personal data by the Company to the third parties, the Company is obliged to keep the following information: what kind of personal data was transferred to the third parties; to who was transferred the personal data; when and on what legal bases were personal data transferred. The mentioned information should be stored along with the customer’s/user’s personal data during their retention period (term of storage).
10.1. In case of violation of the requirements of this Policy, on-demand of an authorized person, the Company shall be liable in accordance with the procedure established by the legislation of Georgia.