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Terms of Service

Last updated: 29 August 2026

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At a glance PART I — THE AGREEMENT 1. Who we are and how to reach us 2. What these Terms cover, and the documents that form part of them 3. The Services we provide 4. Technical requirements, and content you may not supply 5. Eligibility and age 6. Your account 7. How the contract is formed, and how you accept these Terms 8. Changes to these Terms PART II — USING THE SERVICES 9. Licence to use the app, and what you may not do 10. Content standards and acceptable use 11. Health, fitness and safety — not medical advice, and assumption of risk 12. The AI trainer 13. Health and activity data from Apple Health and Health Connect 14. Visibility, sharing, and other users 15. Content you create — ownership and licence 16. Feedback 17. Beta and experimental features PART III — THE PREMIUM SUBSCRIPTION 18. What the subscription includes 19. Price, billing and auto-renewal 20. Free trials 21. Price changes 22. Cancellation 23. Refunds for store-billed purchases 24. Your right of withdrawal — the subscription 25. If something is wrong — conformity of digital content and digital services 26. Changes to the Services PART IV — THE MARKETPLACE (BUYER-FACING) 27. Our role in the marketplace 28. Who you are buying from 29. Buying board access — what you get 30. Your right of withdrawal — board access 31. Refunds, disputes and chargebacks on board purchases 32. How boards are presented and ordered PART V — SELLING AS A COACH 33. Who may sell, and Stripe Connect onboarding 34. Your obligations as a seller 35. Pricing, currency and the platform fee 36. Payouts, taxes and invoicing 37. Refunds and disputes are yours 38. Data you receive about buyers 39. Ancillary services, and selling elsewhere 40. Equal treatment 41. Suspension, restriction and termination of selling 42. When you stop selling PART VI — MODERATION, COMPLAINTS AND DISPUTES 43. Content moderation — what we do and how we decide 44. Reporting illegal content — notice and action 45. Statement of reasons, and how to appeal 46. Complaints procedure 47. Out-of-court dispute resolution PART VII — LEGAL 48. Intellectual property and our brand 49. Suspension and termination of your account 50. Disclaimers, expressly subject to your statutory rights 51. Our liability to you 52. Your liability to us 53. Governing law 54. Jurisdiction and how to bring a claim 55. General ANNEX A — Additional terms for the iOS app ANNEX B — Additional terms for the Android app ANNEX C — Information about the right of withdrawal Right of withdrawal Effects of withdrawal Loss of the right of withdrawal for digital content ANNEX D — Model withdrawal form

Version: 1.0
Effective: 29 August 2026
Last updated: 29 August 2026
What changed: first version of this document.

Companion document: Privacy Policy — it governs everything about your personal data and is not repeated here.


At a glance

This summary is here to help you. It is not part of the agreement — sections 1 to 55 are what binds us, and where this summary and the full text differ, the full text wins.

  • Who you are contracting with. Sebastian Furmańczyk, a sole trader based in Wrocław, Poland. One person, not a company.
  • What MetconLovers is. A training app that reads your workout data from Apple Health or Google Health Connect, lets you follow training boards and ask an AI trainer for a plan, and — with a premium subscription — scores your effort and recovery and lets you compare results with friends.
  • It is not medical advice. Nothing here diagnoses, treats or monitors any condition. Training carries risk and you take that risk on yourself. Section 11.
  • The marketplace is between you and the coach. When you buy access to a board, your contract for that content is with the coach who published it — not with us. They receive your money; we take a 10% fee. If something goes wrong with the content, they are the one who owes you a remedy. Section 27.
  • We rarely hold your money, so we rarely refund it. Subscriptions are billed and refunded by Apple or Google; board purchases are refunded by the coach who received the payment. But where the law says we owe you money back — because the Services did not work, or because we closed your account — we pay it ourselves. Sections 23, 25, 31.
  • Your statutory rights survive everything in here. If you are a consumer, nothing in these Terms takes away rights that Polish or EU law gives you — including your 14-day right of withdrawal and your right to a working product. Sections 24, 25, 30, 50.
  • You must be 16 or over.
  • You can leave at any time. Delete your account in the app and we erase your data as described in the Privacy Policy.
  • Questions, complaints, reports of illegal content: [email protected]. We answer within 14 days.

PART I — THE AGREEMENT

1. Who we are and how to reach us

The Services are provided by:

Sebastian Furmańczyk, trading as MetconLovers
Sole trader (jednoosobowa działalność gospodarcza), registered in CEIDG, the Polish Central Registration and Information on Business
ul. Ameriga Vespucciego 12/34
51-505 Wrocław, Poland
Tax identification number (NIP): 895-223-49-10
Statistical number (REGON): 520252182
Email: [email protected]

Referred to below as “we”, “us”, “our” or “MetconLovers”. “You” is the person using the Services.

Use the email address above for everything — questions, complaints, withdrawal notices, reports of illegal content, requests about your data, and anything to do with selling. It is read by us personally, not answered by a bot. You may receive an automatic confirmation that your message arrived; the reply itself is always written by a person.

Contact for authorities. For the purposes of Articles 11 and 12 of Regulation (EU) 2022/2065 (the Digital Services Act), the single point of contact for Member State authorities, the European Commission, the European Board for Digital Services and for users of the Services is [email protected]. We accept communications in English and Polish.

2. What these Terms cover, and the documents that form part of them

These Terms apply to every part of MetconLovers:

  • the MetconLovers iOS app,
  • the MetconLovers Android app,
  • the web dashboard at dashboard.metconlovers.com,
  • the website at metconlovers.com,
  • home-screen widgets on iOS and Android,
  • background synchronisation of health data,
  • the AI trainer,
  • the marketplace for training boards.

Together, the “Services”.

These documents form part of your agreement with us:

  • these Terms, including their Annexes A to D;
  • the Privacy Policy, which governs personal data and which these Terms do not repeat;
  • for Washington and Nevada residents, the Consumer Health Data Privacy Policy referred to in the Privacy Policy.

If they conflict: Annex A (Apple) and Annex B (Google) prevail over the rest of these Terms for users who obtained the app from that store, and only to the extent of the conflict. For everything concerning personal data, the Privacy Policy prevails.

Language. These Terms are published in English and in Polish. For consumers habitually resident in Poland, the Polish version prevails. For everyone else the two versions are intended to have the same meaning, and in the event of a discrepancy the Polish version prevails — unless you are a consumer and the English version is more favourable to you, in which case you may rely on it. You may correspond with us in either language at any time.

3. The Services we provide

We provide the following services electronically:

ServiceWhat it isPrice
Account and profileRegistration, your training profile, settingsFree
Health data syncReading heart rate, HRV, resting heart rate, sleep, steps, energy and workouts from Apple Health or Google Health Connect, and on iOS the GPS route of a workout. Reading happens on your device; uploading that data to us, and everything we compute from it, is part of the subscription — without one the app can read your data but cannot store or score itPremium subscription required
Effort, recovery and training analysisDaily and per-activity scores, heart-rate zones, sleep debt, trends, activity history, groups and leaderboardsPremium subscription required
Training boardsCreating, editing, publishing and following training boards; logging resultsFree
The marketplaceBrowsing boards, buying access to a paid board, and — if you connect a Stripe account — selling access to your ownFree to use; paid boards cost what the coach sets
AI trainerA conversational assistant that suggests training plansFree
NotificationsService emails and push notifications about your account, boards and groupsFree

We may add, change or withdraw features. Section 26 explains the limits on that.

4. Technical requirements, and content you may not supply

(a) What you need in order to use the Services.

  • A compatible device: an iPhone running a currently supported version of iOS, or an Android phone running a currently supported version of Android. The web dashboard needs a current version of a mainstream browser.
  • An internet connection. The Services will not work offline; your data is processed on our servers.
  • For effort and recovery scoring: a device that records heart rate, and permission for MetconLovers to read it through Apple Health or Google Health Connect.
  • For workout route maps: a device that records GPS, and workout routes stored in Apple Health. Route reading is available on iOS only.
  • A valid email address.

We are not able to guarantee that the Services work with every device, wearable or operating system version. Accuracy of any measurement depends on the device that recorded it, which is outside our control.

(b) You may not supply unlawful content. You must not put content of an unlawful character into the Services. Section 10 sets out in detail what is prohibited.

(c) Cooperation. If something is not working, we may need your help to identify why — for example the device and operating system version you are using. If you are a consumer, this obligation is limited to what is reasonable and the least intrusive means available, and we will tell you what we need and why.

5. Eligibility and age

You must be at least 16 years old to use the Services.

We chose 16 because that is the age at which a person can consent to the processing of their own personal data under Article 8 of the GDPR without a parent, and Poland has not lowered it. We apply it to everyone, everywhere.

If you are under 18, you may use the free Services, but you should buy a subscription or board access only with your parent’s or guardian’s agreement. Under Polish law a contract concluded by someone under 18 without that agreement may not be effective.

If we learn that an account belongs to someone under 16, we will delete it and the data associated with it. If you are a parent or guardian and believe your child has created an account, write to [email protected].

You must also have the legal capacity to enter into a contract, and you must not be barred from using the Services under any applicable law or sanctions regime.

6. Your account

You need an account to use the Services. You may create it with an email address and password, or through Sign in with Apple or Google Sign-In.

  • Keep your credentials to yourself. You are responsible for what happens through your account. Tell us at [email protected] if you think someone else has access to it.
  • One account per person. Do not create an account for anyone else or transfer your account.
  • Keep your details accurate, particularly your email address, because that is how we reach you about your account and your purchases.

Deleting your account. You can delete it in the app at Settings → Privacy → Delete account, or by emailing us from the address on the account. Deletion is permanent. What happens to your data, and what we keep and why, is set out in section 14 of the Privacy Policy.

Deleting your account does not automatically end anything you owe or are owed. If you have bought board access that has not expired, deleting your account destroys your record of that purchase and your access to it, and there is no refund. If you sell boards, section 42 applies.

7. How the contract is formed, and how you accept these Terms

The free Services. A contract between you and us for the free Services is concluded when you complete registration. You accept these Terms at that moment, and we make them available to you free of charge, before you register, in a form you can read, save and reproduce, at the address where they are published.

The premium subscription. The contract for the subscription is concluded with Apple or Google, not with us — see section 19. You confirm the purchase in the store’s own flow, and the store’s terms govern the payment.

Board access. A contract for board access is concluded between you and the coach when your payment is confirmed by Stripe. See section 28.

Before you pay for anything, you will see the total price including tax, what you are getting, and how long it lasts. A button that commits you to pay will say so unambiguously.

8. Changes to these Terms

We may change these Terms — for example because the Services change, because the law changes, or because we have got something wrong and need to correct it.

How we tell you. We will publish the revised Terms with a new version number and effective date, and:

  • For any change that materially affects your rights or obligations, we will notify you personally — by email or in the app — at least 15 days before it takes effect.
  • If you sell on the marketplace, we will notify you on a durable medium at least 15 days before any change to these Terms takes effect, and longer if you reasonably need it to make technical or commercial adjustments. You may waive that period in writing. Changes will not be applied retroactively to anything that has already happened.
  • We will not treat your silence as agreement to a material change. If you do not accept it, you may stop using the Services and delete your account before it takes effect; if you have paid in advance for a period you can then no longer use, we will refund that period pro rata, as section 49 provides.

Changes required by law may take effect on the date the law requires, and we will tell you as soon as we can.


PART II — USING THE SERVICES

9. Licence to use the app, and what you may not do

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the MetconLovers apps on devices you own or control, and to use the Services, for your own non-commercial use — except that selling boards through the marketplace under Part V is permitted and is what the marketplace is for.

For apps obtained from the App Store, the scope of this licence is as set out in Annex A.

You may not:

  • copy, modify, translate, reverse-engineer, decompile or disassemble any part of the Services, except to the extent that applicable law expressly permits it despite this restriction;
  • rent, lease, lend, sell, sublicense or otherwise make the Services available to anyone else;
  • remove or obscure any proprietary notice;
  • use any automated system — scraper, bot, crawler — to access the Services, or extract data from them in bulk;
  • probe, scan or test the security of the Services, or interfere with them or with any other user’s use of them;
  • use the Services to build a competing product, or to train a machine-learning model on content that is not yours;
  • circumvent any access control, including any restriction on a paid board;
  • use the Services for anything unlawful.

Fair use. We do not currently impose usage limits. If your use of the Services places a disproportionate load on them — in particular on the AI trainer — we may introduce reasonable limits. We will tell you before we apply any limit to your account, unless the load is causing an immediate problem for other users, in which case we will tell you as soon as we can afterwards.

10. Content standards and acceptable use

You are responsible for everything you put into the Services: board content, workout descriptions, results, comments, photographs, group names and descriptions, and messages to the AI trainer.

You must not upload, publish or share content that:

  • is unlawful under the law of Poland, the European Union or any other law that applies to you;
  • infringes anyone’s intellectual property, privacy or other rights, including by publishing someone else’s training programme as your own;
  • is defamatory, harassing, abusive, threatening, or incites violence or hatred against a person or group;
  • is sexual content, or is sexual content involving a minor — which we report to the authorities;
  • depicts or promotes self-harm, disordered eating, or dangerous weight-loss practices;
  • promotes doping, prohibited performance-enhancing substances, or the misuse of medicines;
  • presents itself as medical, physiotherapeutic or dietary advice from a qualified professional when it is not;
  • is fraudulent, deceptive, or is spam or unsolicited advertising;
  • contains malware, or is designed to interfere with the Services;
  • impersonates another person or misrepresents your affiliation with anyone.

Selling. If you publish a board for money, section 34 adds further obligations.

What we may do. Section 43 explains what happens if content breaks these rules, and section 45 explains how you can challenge a decision we make.

11. Health, fitness and safety — not medical advice, and assumption of risk

Read this section. It is the most important one in this document.

MetconLovers is not a medical device. It does not diagnose, treat, cure, mitigate, prevent or monitor any disease or condition, and it is not intended to.

Nothing in the Services is medical advice. Effort scores, recovery scores, heart-rate zones, sleep figures, resting heart rate, HRV, training plans and anything the AI trainer produces are informational and training-related. They are produced by formulas and by a language model, not by a doctor, physiotherapist or dietitian, and no qualified professional reviews them.

The numbers may be wrong. They depend on measurements taken by your watch, band or phone, whose accuracy we do not control, and on formulas that are approximations for a general population, not for you.

You take the risk of training. Physical exercise carries a risk of injury and, in rare cases, of serious harm or death. By using the Services you acknowledge that you exercise at your own risk and that you are responsible for judging what is safe for you.

Before you start or significantly change a training programme, consult a doctor — particularly if you have or suspect a medical condition, are taking medication, are pregnant, are recovering from injury or illness, or have not exercised in a long time.

Stop and seek medical help if you feel unwell. If you experience chest pain, breathlessness that is out of proportion to your effort, dizziness, fainting, or any symptom that concerns you, stop exercising and contact a medical professional or the emergency services. The Services are not an emergency service and cannot summon help.

Nothing in this section limits our liability for death or personal injury caused by our negligence, or any other liability that cannot lawfully be limited. See section 51.

12. The AI trainer

The AI trainer is a conversational feature that suggests training based on your profile and training history. It is powered by large language models hosted by Cloudflare. What data reaches it, and how conversations are stored, is set out in section 8 of the Privacy Policy.

What you need to know:

  • It makes things up. Language models generate plausible text, not verified fact. Plans it produces may be unsuitable, internally inconsistent, or simply wrong. Treat everything it says as a suggestion to evaluate, not an instruction to follow.
  • Nobody checks its output. No coach, doctor or human reviews what it produces before you see it.
  • It is not medical advice. Section 11 applies to it in full. If you tell it about pain, injury or a health problem, it will respond — but it is not qualified to, and you should speak to a professional instead.
  • Do not rely on it for anything that matters. Do not use it to decide whether a symptom is serious, whether to train through pain, or whether to take anything.
  • It is not a person. You are not talking to a coach.
  • It needs your separate consent. Because what you type may contain health information, we ask for your explicit consent before your first conversation, and we keep conversations for 12 months. Unlike the rest of the Services, AI trainer data is not guaranteed to stay inside the European Economic Area. Sections 8 and 12.2 of the Privacy Policy explain this.

We may change the models, change how the feature works, or withdraw it. It is provided as part of the free Services and we make no promise that it will remain available.

13. Health and activity data from Apple Health and Health Connect

The Services read health data from Apple Health (iOS) and Google Health Connect (Android), with your explicit permission, and use it to produce your training analysis. We only read; we never write data back to either.

Everything about that data — what we read, why, on what legal basis, who receives it, how long we keep it and how to withdraw permission — is in the Privacy Policy, sections 5.2, 7 and 16. These Terms do not repeat it and do not modify it.

For these Terms, what matters is: if you do not give that permission, or you withdraw it, the effort and recovery features will not work, and that is not a defect in the Services.

14. Visibility, sharing, and other users

Some features show your information to other people.

  • Groups. Joining a group makes your name, profile picture and daily scores visible to its members. Depending on the group’s settings, your training activities and your vitals may also be visible. These settings belong to the group, not to you individually — check the scope before you join. Section 11.2 of the Privacy Policy explains exactly what is shared.
  • Boards. Posting a result to a board makes it visible to that board’s members and its owner.
  • Shared links. Anything you share outside the Services is outside our control and cannot be recalled.

Other users are not us. We do not vet, verify, endorse or supervise other users, including coaches. What they say and publish is theirs, not ours. Be sensible about what you share and about advice you receive from strangers.

Treat other people’s data as theirs. If a group makes another member’s training data visible to you, that is for using the Services — not for collecting, republishing or analysing outside them.

15. Content you create — ownership and licence

You own what you create. Boards, training plans, results, photographs, descriptions and messages remain yours. We claim no ownership.

You give us a licence to run the Services. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt (for formatting and display), publish and transmit your content, solely for the purpose of operating, maintaining and improving the Services and making your content available to the people you have chosen to make it available to.

The licence is limited to that. We do not use your content to advertise, we do not license it to third parties for their own purposes, and we do not use it to train artificial-intelligence models.

How long it lasts. The licence ends when you delete the content or your account, except that:

  • where you have published a board that other people have paid to access, the licence continues for that board for as long as necessary to honour that access — otherwise deleting your account would take away something other people paid for;
  • copies in backups persist until the backup cycle expires, as described in section 14.4 of the Privacy Policy.

Your warranty. You confirm that you have the rights to the content you upload and that it does not infringe anyone else’s rights.

16. Feedback

If you send us ideas or suggestions about the Services, you grant us a non-exclusive, royalty-free, worldwide licence to use them to develop, operate and promote the Services, on the fields of exploitation known at the time you send them. We owe you nothing for them. Do not send us anything you consider confidential or want to be paid for.

17. Beta and experimental features

We may make features available that are marked as beta, preview or experimental. They are provided as-is, may change or disappear without notice, and may not work. Your statutory rights as a consumer are not affected by this section — if a feature is part of what you paid for, section 25 applies to it whatever we call it.


PART III — THE PREMIUM SUBSCRIPTION

18. What the subscription includes

The premium subscription unlocks the training-analysis features: your effort and recovery scores, activity history and details, heart-rate zone analysis, groups, group invitations and leaderboards.

What is free and stays free: registration and your profile, creating and editing boards, browsing and buying on the marketplace, joining free boards, logging results, the AI trainer, and connecting a Stripe account to sell.

If your subscription lapses, nothing is deleted. You keep your data and your account; the analysis features simply stop being available until you subscribe again.

19. Price, billing and auto-renewal

We do not sell the subscription. Apple and Google do.

The subscription is purchased through the App Store or Google Play. Your payment contract for it is with Apple or with Google as the seller, under their terms, using the payment method on your store account. We never see your card details and we do not take the payment.

The price, the billing period, any introductory or trial offer, and the renewal date are the ones shown to you in the store at the moment of purchase, and in your store account afterwards. We do not state them here, because the store is the authoritative source and anything we wrote could go out of date.

It renews automatically. Unless you cancel, the subscription renews at the end of each billing period and your store account is charged for the next one. The store charges within the 24 hours before the period ends, or as otherwise stated in its terms.

20. Free trials

If a free trial is offered, its length is the one shown in the store at the time you take it.

A trial converts into a paid subscription automatically unless you cancel before it ends. Cancel through your store account — see section 22. Taking a trial normally requires a valid payment method on your store account.

21. Price changes

Apple and Google notify you of a price increase and, where their rules or the law require, ask you to consent to it before it takes effect. If you do not consent, the subscription does not renew at the new price. We will also tell you about a material price change where we can.

22. Cancellation

Cancel through the store, not through us. We cannot cancel your subscription for you.

  • iOS: Settings → your name → Subscriptions, or the Subscriptions section of the App Store app.
  • Android: the Google Play app → Payments and subscriptions → Subscriptions.

Cancel at least 24 hours before the period ends, or the next period may already have been charged. You keep access until the end of the period you have paid for.

Deleting your MetconLovers account does not cancel a store subscription. Cancel it in the store as well, or you will keep being charged.

23. Refunds for store-billed purchases

Discretionary refunds for subscriptions are decided by Apple or Google under their own policies — we cannot make them and cannot overrule them.

Where you are entitled to money back from us by law — because the Services did not conform (section 25), or because we terminated your account (section 49) — we pay that ourselves, within 14 days, whatever route the original payment took.

  • Apple: request a refund at reportaproblem.apple.com.
  • Google: request a refund through Google Play.

If a store refunds you, tell us at [email protected]. Our system does not currently learn about store refunds automatically, so premium access may continue until the period you originally paid for runs out. Tell us and we will end it.

This section does not affect your statutory rights, including your right of withdrawal under section 24 and your rights where the Services are not as they should be under section 25.

24. Your right of withdrawal — the subscription

If you are a consumer in the European Union, you have 14 days to withdraw from a distance contract, without giving a reason. The period runs from the day the contract is concluded.

How to exercise it. Because the subscription is sold by Apple or Google, the withdrawal right for the payment runs against them, and their processes are the fastest route — see section 23. If you prefer, you may also tell us, by an unequivocal statement to [email protected], and we will pass it on and stop the service. You may use the model form in Annex D, but you do not have to.

If you asked for the service to start immediately and it started during the withdrawal period, you may still withdraw, but you must pay a proportionate amount for what you used before you told us — calculated on the total contract price.

Consumers and traders alike. If you are a natural person running a business and you buy the subscription for purposes outside your professional specialisation, Polish law gives you the same withdrawal and conformity rights as a consumer, and we apply them to you.

25. If something is wrong — conformity of digital content and digital services

This section is about your statutory rights when the Services do not work as they should. Nothing in these Terms limits it.

What we owe you. The Services must match their description and be fit for what such services are normally used for; be supplied in the version and with the features and accessories you were told about; be of the quality and performance normal for such services and which you can reasonably expect, taking into account the public statements we or anyone in our chain have made — including in our advertising; be supplied with the accessories, instructions and support you can reasonably expect; and continue to conform for as long as we supply them.

Updates. We will provide the updates necessary to keep the Services conforming, and tell you about them, for as long as we supply the Services. If you do not install an update we have told you about within a reasonable time, and the update was easy to install, we are not liable for a lack of conformity that results only from not installing it.

If the Services do not conform, you may require us to bring them into conformity. We will do so within a reasonable time, without significant inconvenience to you and at no cost to you.

You may reduce the price or terminate the contract if we refuse to bring the Services into conformity or fail to do so, if the lack of conformity persists despite our attempt, if it is serious enough to justify it immediately, or if it is clear from the circumstances that we will not fix it. A lack of conformity is presumed to be material.

If you terminate:

  • we will refund what you paid for the period in which the Services did not conform, and any amount paid in advance for a period after termination, within 14 days, using the same means of payment you used, at no cost to you;
  • we may not use content you provided or created, other than your personal data, except where it has no use outside the Services, relates only to your activity, has been combined with other data and cannot be separated without disproportionate effort, or was generated jointly with others who can still use it;
  • at your request we will make that content available to you, free of charge, within a reasonable time and in a commonly used, machine-readable format. We do not have an automated export tool today; we will do this manually.

You must cooperate to the extent reasonably necessary for us to establish whether the problem is caused by your device or connection, using the least intrusive means available.

How to raise it: [email protected]. Section 46 sets out the procedure and the deadline for our reply.

26. Changes to the Services

We may change the Services beyond what is needed to keep them conforming — for example to add a feature, retire one, or change how something works — where we have a valid reason to do so, namely: adapting to a new device or operating system version; responding to a change in the law or in the rules of a platform we depend on; addressing a security problem; replacing a third-party service we rely on; or improving the Services.

Any such change will be at no additional cost to you.

If a change materially and negatively affects your access to or use of the Services, we will tell you on a durable medium, reasonably in advance, explaining what is changing, when, and that you may terminate. You may then terminate free of charge within 30 days of being told, or of the change happening, whichever is later — unless we have given you the option to keep using the Services unchanged and they still conform.


PART IV — THE MARKETPLACE (BUYER-FACING)

27. Our role in the marketplace

We are an intermediary. We are not the seller.

The marketplace is an “online marketplace” within the meaning of Article 2(17) of Directive 2011/83/EU, as implemented in Poland by art. 2 pkt 8 of the ustawa o prawach konsumenta, and we are its provider. The information duties that follow from that are discharged in sections 27, 28 and 32.

The marketplace lets coaches publish training boards and sell access to them. When you buy access:

  • your contract for that content is with the coach, not with us;
  • the coach receives your payment directly into their own Stripe account. We never hold your money;
  • we take a fee of 10% of the price, paid to us by the coach out of the sale;
  • the coach is responsible for the content, for delivering it, and for putting things right if it is wrong.

What we provide is the platform: the listing, the checkout hand-off, the access mechanism, and the payment infrastructure through Stripe.

Consumer protection depends on who the coach is. Coaches may be businesses or private individuals. Where the coach is not a trader, EU consumer protection law does not apply to your contract with them — you will not have the statutory rights described in sections 24, 25 and 30 against that coach, although the rights you have against us for the platform itself are unaffected.

Section 33 requires every coach to tell us whether they are acting as a trader. We do not yet display that declaration on the listing, and we do not independently verify it. Until we do, treat any coach as potentially a private individual and ask us if it matters to you.

We do not vet coaches. Anyone who completes Stripe’s onboarding can sell. We do not check qualifications, insurance, or the quality or safety of any programme. Section 11 applies with particular force to training programmes written by strangers.

28. Who you are buying from

Before you buy, the listing shows you the board, the price and what access you get.

Being straight with you about a gap: the listing does not currently show who published the board, or whether they are a business or a private individual. We intend to collect and display that; until we do, assume you may be contracting with a private individual, and see section 27 for what that means for your rights. If you want to know who a coach is before buying, ask us at [email protected] and we will tell you what we know.

Your contract with the coach is concluded when your payment is confirmed. The confirmation of that payment comes from Stripe.

If you need to know more about who a coach is before buying — for example their business details for an invoice — ask them, or ask us at [email protected] and we will pass the request on.

29. Buying board access — what you get

What you are buying is a 30-day access window, not the board.

  • Payment gives you access to the training days of that board dated within the 30 days beginning when you pay.
  • You do not get the back catalogue. Days dated before your purchase are not included.
  • Days dated within your window remain visible to you afterwards, for as long as you remain a member of the board.
  • Nothing renews automatically. When the window ends, you simply stop getting new days. To carry on, buy again.
  • Buying again does not extend your window — it starts a new one immediately. If you buy again while your current 30 days are still running, the days that overlap are days you will have paid for twice. If that happens, tell us within 14 days and we will arrange a refund of the overlap.

Access depends on your membership of the board continuing. Be aware that:

  • the coach can remove you from their board at any time, which ends your access even if you have paid and your window has not expired;
  • the coach can delete the board;
  • if you leave the board yourself, you lose access and there is no refund;
  • if you delete your MetconLovers account, your purchase record is destroyed along with the access.

We think the first two of these are unsatisfactory, and section 31 explains what we will do about them. But you should know that this is how it works today before you buy.

Price and currency. The price is set by the coach, in the currency that coach sells in — at present US dollars (USD), euros (EUR) or Polish złoty (PLN). The board shows that currency, and the exact amount you will be charged is shown on the Stripe checkout page before you confirm payment. If your card is issued in a different currency, the conversion rate is set by your own bank, not by us.

30. Your right of withdrawal — board access

If you are a consumer, you have 14 days to withdraw from your contract with the coach, without giving a reason, starting from the day it was concluded — unless you have validly given up that right, which requires all of the following:

  1. you expressly requested that supply begin before the 14 days ended;
  2. you acknowledged, at the same time and separately, that you would thereby lose your right of withdrawal;
  3. the content has been fully supplied; and
  4. we confirmed those things to you on a durable medium.

If any one of those is missing, you keep the full 14-day right and you owe nothing for what you used.

How to withdraw. Tell the coach, or tell us at [email protected] and we will pass it on and stop your access. An unequivocal statement is enough; you may use the model form in Annex D. Annex C sets out the full statutory information about this right.

After withdrawing you must stop using the content and must not make it available to anyone else.

Where the coach is not a trader, this right does not arise against them, because it is a right against traders. Section 27 explains this.

31. Refunds, disputes and chargebacks on board purchases

We do not hold your money and we cannot refund a board purchase. The coach received the payment and the coach issues any refund, from their own Stripe account.

How to get a refund:

  1. Ask the coach first, through the board or through us if you cannot reach them.
  2. If they do not respond or refuse without good reason, tell us at [email protected]. We will contact them, and we will tell you what they say. Where the coach is a trader and you have a statutory right to a refund, we will press them to honour it, and we may suspend or remove a coach who does not.
  3. You can also raise it with your bank or card issuer as a chargeback. That is a matter between you, your bank and the coach.

Where we will step in ourselves. If your paid access is cut short because the coach removed you from the board, deleted the board, or deleted their account before your 30-day window expired, and the coach does not put it right, write to us and we will refund the platform fee we received on that sale and use reasonable efforts to recover the rest from the coach. We cannot promise to recover money we never held.

If we refund you as a gesture, that is not an admission of liability and does not make us the seller.

32. How boards are presented and ordered

Ranking. The marketplace shows boards in the order you choose using the sorting and filtering controls — for example by price, by number of members, or by when a board was created. We do not rank boards by any hidden criterion, and we do not accept payment for placement or prominence. No paid promotion exists in the marketplace.

The main parameters that determine the order in which boards appear are therefore the sort and filter options you select, applied to the underlying board data. Where you have not chosen a sort, boards are shown newest first. That is the only default, it is applied to every board identically, and no coach can influence it.

Reviews. The Services do not currently host user reviews of boards or coaches. If we introduce them, we will say how we verify that they come from people who actually bought the board.


PART V — SELLING AS A COACH

This Part applies if you publish a board for money. It is in addition to the rest of these Terms, which continue to apply to you as a user.

33. Who may sell, and Stripe Connect onboarding

Any account holder may become a seller by connecting a Stripe account through the Services. Stripe carries out the identity and business verification. We do not vet you — we do not assess your qualifications, experience, insurance or the quality of your programming.

You may set a price on a board only once Stripe has confirmed that your account can accept charges. Your relationship with Stripe is governed by Stripe’s own agreement with you, which you enter into directly.

You must tell us whether you are acting as a trader or as a private individual, and keep that accurate. This determines what consumer-protection obligations you owe your buyers, and we show your declaration to them. If you are in business — including as a sole trader — you are a trader, and you owe your buyers the full set of consumer rights.

34. Your obligations as a seller

You must:

  • have the right to sell what you sell. The programming must be yours, or you must be licensed to publish it;
  • describe it accurately — what it contains, who it is for, what equipment and fitness level it assumes, and how long it runs. Do not overstate results;
  • not present yourself as qualified when you are not. If you hold coaching, medical, physiotherapy or nutrition qualifications you refer to, they must be real and current;
  • not write programming that is dangerous, or that promotes doping, disordered eating or training through injury;
  • deliver what you sold. Publish the training days within the access window your buyers paid for;
  • comply with consumer law if you are a trader — including the 14-day withdrawal right, statutory conformity obligations, and your own information duties toward buyers;
  • handle your buyers’ questions and complaints promptly and in good faith;
  • comply with tax law, including issuing any invoice or receipt your buyer is entitled to;
  • not use buyer data for anything except delivering what they bought. You must not add buyers to a mailing list, contact them for marketing, or transfer their data, without their separate consent and your own lawful basis. In relation to your buyers’ personal data you are an independent controller and you are responsible for your own compliance.

If you stop selling or delete your account, section 42 applies. Note in particular that your boards remain published.

35. Pricing, currency and the platform fee

You set the price. The only constraint we impose is that it cannot be negative. We do not set minimum or maximum prices.

You choose the currency you sell in, once. Before you connect your Stripe account you pick one of the currencies we support: US dollars (USD), euros (EUR) or Polish złoty (PLN). Every board you sell is priced and settled in it.

Once your Stripe account is connected, that choice is final and cannot be changed, because it is the currency your Stripe account settles in. If you need to sell in a different currency, that means a different Stripe account.

Our fee is 10% of the gross sale price. Where Polish VAT applies to that fee, it is included in the 10%. Where you are a business established outside Poland, we invoice the fee without Polish VAT and you account for it under the reverse charge. Either way the amount we deduct is 10%. It is deducted automatically at the moment of the sale as a Stripe application fee. You receive the remainder into your Stripe account. Your seller dashboard shows the fee on every sale.

If you announce a price reduction, you must state the lowest price at which the board was available in the 30 days before the reduction, as Polish law requires.

We may change the fee. We will give you at least 15 days’ notice on a durable medium, and the change will apply only to sales made after it takes effect. It will never be applied retroactively. If you do not accept it, you may stop selling and remove your boards from sale before it takes effect.

36. Payouts, taxes and invoicing

Stripe pays you directly. Payouts, their timing, and any reserve or hold are governed by your agreement with Stripe and managed in your Stripe dashboard. We do not control them and cannot release a payout.

Tax is yours. You are responsible for determining, collecting, reporting and paying any tax due on your sales, including VAT where it applies, and for issuing invoices or receipts to your buyers. We do not do this for you and we are not your tax agent. Whether you must register for VAT, and in which country, depends on where your buyers are and what you sell — take your own advice.

Our fee. We will provide you with an invoice or settlement statement for the platform fee we charge.

Reporting. We may be required to report information about sellers and their income to tax authorities. If that applies, we will ask you for what is needed and tell you what we report.

37. Refunds and disputes are yours

You issue refunds. You received the money; you refund it, from your Stripe dashboard.

When you must refund. If you are a trader, you must honour your buyers’ statutory rights — the 14-day withdrawal right where it applies, and the remedies they have if what you sold does not conform. Refusing a valid statutory claim is a breach of these Terms.

Our fee on a refunded sale. Where you refund a buyer, we refund our platform fee to you in the same proportion. If you refund in full, you get the whole fee back; if you refund half, you get half of it back. You do not carry our fee on money you have given back.

We do not learn about your refunds automatically — tell us at [email protected] and we will return the fee within 14 days. Note also that refunding a buyer does not by itself end their access to the board; if you want the access ended as well, remove them from the board or tell us.

Chargebacks. If a buyer disputes a charge with their bank, the dispute is against your Stripe account and you handle it. Any fee Stripe charges for a dispute is yours. You are responsible for any negative balance on your connected account, and you will reimburse us if we are required to cover a shortfall caused by your sales, disputes or refunds. We may set that off against fees we would otherwise owe you.

If you cut short access somebody paid for — by removing them from a board, deleting the board, or deleting your account — you must refund them pro rata for the part of their 30-day window they lost. If you do not, we may refund them ourselves to the extent of the fee we received and recover the balance from you, and we may suspend your selling, following the procedure and with the statement of reasons described in section 41.

38. Data you receive about buyers

You can see, for your own boards: which users are members, their name and profile picture, the results they post, their purchase history with you and what they have spent, and their email address.

You may use this only to deliver what they bought and to support them. Section 34 sets the limits.

You can read and copy your own board content at any time through the Services. There is no automated export tool today; if you need your content in another form, ask us at [email protected] and we will produce it manually within a reasonable time. This access remains available to you for 12 months after your last sale, so that you are not locked out of your own material.

What we hold, and who sees it. We hold your board content, your listing data and your sales records on our servers. We use them to run the marketplace, to produce your settlement statements and to meet our accounting obligations. We do not share seller data with any third party except the hosting, storage and payment providers listed in Annex A of the Privacy Policy, and except where the law requires it.

39. Ancillary services, and selling elsewhere

We do not offer ancillary services — we do not sell insurance, financing, promotion or any add-on alongside your boards, and no third party offers such services through the marketplace.

You are free to sell the same programming anywhere else, on any terms, including at a different price. We impose no exclusivity and no price-parity obligation. Nothing stops you from selling directly to your own clients or on another platform.

40. Equal treatment

We apply the same fee, the same listing rules and the same ranking treatment to every seller. We do not give any seller preferential placement, a reduced fee, or access to data others do not get.

Where we sell our own boards, they are subject to the same rules, the same presentation and the same fee treatment as everyone else’s, and we will say so on the listing.

41. Suspension, restriction and termination of selling

We may restrict, suspend or end your ability to sell if:

  • you breach these Terms, in particular sections 10 or 34;
  • you sell content that is unlawful, dangerous, or infringes someone’s rights;
  • you repeatedly fail to deliver what you sold, or refuse valid refunds;
  • Stripe suspends or closes your connected account, or its verification fails;
  • we are required to by law, a court, or a competent authority;
  • there is a well-founded suspicion of fraud.

Before we restrict or suspend you, we will give you a statement of the reasons on a durable medium, unless the law prevents us or there is a well-founded suspicion of criminal conduct. Before we terminate your selling entirely we will give you 30 days’ notice and the reasons, unless we are under a legal obligation to act sooner, we can demonstrate repeated breaches of these Terms, or there is a well-founded suspicion of criminal conduct.

You may respond. If you think we have got it wrong, write to [email protected]. We will look at what you say and, if we agree, reinstate you without delay. Section 45 explains this further.

We are a small operator and are not required to run a formal internal complaint-handling system, but we will deal with your complaint ourselves, in good faith, and reply within 14 days. If we cannot resolve it between us, we are willing to engage in mediation in good faith and to bear a reasonable share of its costs. Agreeing to mediate is not a precondition to you going to court.

42. When you stop selling

You may stop selling at any time by removing the price from your boards, unpublishing them, or disconnecting your Stripe account.

Boards you have published stay published, including after you delete your MetconLovers account, because other people may hold paid access to them. If you want a board taken down entirely, ask us at [email protected] and we will remove it once no unexpired paid access remains, or sooner if you refund the affected buyers.

Your obligations survive. Refunds owed, disputes open, and tax due at the time you stop remain yours.

Your access to your data continues as described in section 38 for a reasonable period after you stop selling.


PART VI — MODERATION, COMPLAINTS AND DISPUTES

43. Content moderation — what we do and how we decide

Be aware of the scale of this operation. MetconLovers is run by one person. We do not pre-screen content, we do not scan it automatically, and we do not have a moderation team.

What we actually do: we act on reports. When someone tells us about content that is unlawful or breaks section 10, we look at it ourselves and decide.

For completeness: an automated classifier does read the text of board sessions in order to tag them by training type (see section 8.5 of the Privacy Policy). It makes no moderation decision and never restricts anything.

No automated decision-making is used in content moderation. Every decision described in this Part is made by a person. If that changes, we will update these Terms and tell you.

What we may do if content is unlawful or breaks these Terms, choosing what is proportionate to the problem:

  • remove or restrict access to the content;
  • remove a board from sale, or unpublish it;
  • restrict a feature for an account;
  • suspend or terminate an account, or a coach’s ability to sell;
  • report the matter to the authorities where we are required to, or where we suspect a criminal offence involving a threat to life or safety.

How we decide. We act diligently, objectively and proportionately, having regard to the rights and legitimate interests of everyone involved — including your freedom of expression — and to the seriousness of the problem, whether it is repeated, and the harm it causes.

44. Reporting illegal content — notice and action

Anyone can report content they consider illegal. You do not need an account.

Report to: [email protected]. Please include:

  • an explanation of why you consider the content illegal;
  • enough information to find it — a link, a board name, a screenshot;
  • your name and email address, unless the report concerns child sexual abuse material or offences against life, where you may report anonymously;
  • a statement that you believe in good faith that the information in your report is accurate and complete.

What we will do:

  1. Confirm receipt to you, by email, without undue delay.
  2. Assess the report ourselves, in a timely, diligent, non-arbitrary and objective way.
  3. Tell you what we decided, and how you can challenge it.

We will not treat a report as giving us actual knowledge of illegality unless it is detailed enough to let a diligent operator identify the illegality without a detailed legal examination.

Other complaints — content that breaks section 10 but is not unlawful, a coach who is not delivering, a group that is being misused — go to the same address and are handled the same way.

45. Statement of reasons, and how to appeal

If we restrict something of yours, we will tell you, at the latest when the restriction takes effect, and give you a clear statement of reasons setting out:

  • what we did — removal, restriction of visibility, suspension or termination of an account, suspension of your ability to sell, or suspension of the settlement of platform fees we owe you;
  • the facts and circumstances we relied on, including whether the decision followed a report;
  • whether automated means were used — see section 43;
  • the ground — the law, or the specific provision of these Terms;
  • how to challenge it.

We will not give a statement of reasons where the law forbids it, or where the content is deceptive commercial content published at volume.

How to challenge a decision. Reply to us at [email protected] within six months, saying why you think we got it wrong. We will look at it again ourselves and reply within 14 days. If we were wrong, we will reverse the decision without delay.

You also have routes that do not depend on us. You may go to court, and nothing here takes that away.

You may also bring the dispute to a certified out-of-court dispute settlement body under Article 21 of the Digital Services Act. We are a small operator, so that Article does not oblige us to take part — but we agree here to engage with such a body voluntarily if you choose that route, and we say so in these Terms so that the body knows we have agreed.

46. Complaints procedure

Where to complain: [email protected]. Please describe the problem, what you would like us to do, and when it happened.

Our reply: we will respond within 14 days of receiving your complaint. If you are a consumer and we do not reply within that time, your complaint is deemed to have been accepted.

If your complaint is about a coach or a board, tell us anyway — section 31 explains what we do.

47. Out-of-court dispute resolution

If we cannot resolve a complaint between us and you are a consumer, you may use out-of-court routes. Using them is voluntary and does not prevent you from going to court.

  • Powiatowy (miejski) rzecznik konsumentów — the district consumer ombudsman where you live, who gives free advice and help.
  • Wojewódzki Inspektorat Inspekcji Handlowej — the provincial trade inspectorate, which conducts mediation and runs permanent consumer arbitration courts.
  • A consumer organisation, such as Federacja Konsumentów.
  • The European Consumer Centre (ECC-Net), if you live in an EU country other than Poland: konsument.gov.pl.
  • A certified out-of-court dispute settlement body under Article 21 of the Digital Services Act, for disputes about content moderation. We are not obliged to take part, being a small operator, but we have agreed to do so voluntarily — see section 45.

Information about these routes is available from the Office of Competition and Consumer Protection at uokik.gov.pl.

Note: the European Commission’s online dispute resolution (ODR) platform ceased operating in 2025 and is no longer available.

If we invite you to an out-of-court procedure, or you invite us, we will reply within the time the law allows.


PART VII — LEGAL

48. Intellectual property and our brand

The Services — the software, design, text, graphics, the MetconLovers name and logo — belong to us or to our licensors, and are protected by intellectual property law. Nothing in these Terms transfers any of it to you beyond the licence in section 9.

You may not use our name or logo without our written permission, except to refer to the Services factually.

Third-party components are used under their own licences.

49. Suspension and termination of your account

You may terminate at any time by deleting your account — see section 6.

We may suspend or terminate your account where you materially breach these Terms, where your use of the Services is unlawful or creates a serious risk to other users or to us, where we are required to by law, or where there is a well-founded suspicion of fraud.

We will tell you and give you reasons, as described in section 45, and give you a chance to put things right where the breach can be put right. We will only terminate without notice where the breach is serious and cannot be remedied, or where the law requires it.

If we terminate your account: your licence under section 9 ends; your access ends; your data is handled as described in section 14 of the Privacy Policy; boards you published that others hold paid access to remain available, as section 15 explains; and any amount you have already paid for a period you can no longer use will be refunded pro rata, unless we terminated because of your serious breach.

Nothing here takes away your statutory rights, including your right to challenge our decision under section 45.

50. Disclaimers, expressly subject to your statutory rights

We provide the Services with reasonable care and skill.

To the extent permitted by law, and without affecting section 25 or any other statutory right you have as a consumer, we do not promise that:

  • the Services will be uninterrupted, error-free or available at all times;
  • any score, measurement or plan is accurate, complete or suitable for you;
  • the Services are compatible with every device, wearable or operating system version;
  • content published by other users is accurate, safe, lawful or of any quality;
  • the AI trainer produces correct or suitable output — see section 12.

These limitations do not apply to a consumer where the law does not permit them. If you are a consumer, your rights under section 25 stand whatever this section says.

51. Our liability to you

Nothing in these Terms excludes or limits our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • anything else that cannot lawfully be excluded or limited — including, for consumers, liability under the statutory conformity regime in section 25 and under product liability law.

Subject to that, and to the extent the law permits:

  • we are liable for loss you suffer that is a normal consequence of our breach of these Terms or our failure to use reasonable care and skill;
  • we are not liable for loss that was not foreseeable to both of us when the contract was made;
  • we are not liable for loss arising from content published by another user, including a coach, or from your reliance on it;
  • we are not liable for the acts or omissions of Apple, Google, Stripe or any other third party whose services you use alongside ours, where we are not at fault;
  • where you use the Services for business purposes, we are not liable for lost profit, lost revenue, lost business or lost opportunity.

Where the law permits us to cap our liability, our total liability to you in any twelve-month period is limited to the greater of (a) the amount you paid us in that period, or (b) EUR 100. This cap does not apply to any liability listed at the top of this section, and does not apply to a consumer to the extent the law does not allow it.

52. Your liability to us

If you breach these Terms and that causes us loss — for example a third-party claim arising from content you published, or a regulatory penalty caused by your conduct as a seller — you are liable to us for that loss to the extent the law allows.

If you are a consumer, this is limited to loss that is a normal, foreseeable consequence of your breach, and you are not liable for loss you did not cause.

If you sell on the marketplace, your liability to us is limited in the same way ours is limited to you under section 51 — except for liability for a third-party claim arising from content you published, and except for amounts you owe us under section 37, which are not capped.

53. Governing law

These Terms and any dispute arising from them are governed by Polish law.

If you are a consumer, this does not deprive you of the protection of the mandatory rules of the law of the country where you habitually reside. Whatever this section says, you keep every protection that the law of your own country gives you and that cannot be derogated from by agreement.

54. Jurisdiction and how to bring a claim

Please write to us first at [email protected]. Most things can be sorted out that way, and section 46 sets the deadline for our reply.

If you are a consumer, you may bring proceedings against us in the courts of the country where you are domiciled, or in the Polish courts. We may bring proceedings against you only in the courts of the country where you are domiciled.

If you are not a consumer, the courts of Wrocław, Poland have exclusive jurisdiction.

We do not require arbitration and there is no class-action waiver in these Terms.

55. General

Severability. If a provision is found to be invalid or unenforceable, the rest stays in force. Where you are a consumer, the invalid provision simply does not apply and is not replaced by anything. As between us and business users, it is replaced by what comes closest to its purpose within the law.

No waiver. If we do not enforce something straight away, we do not lose the right to enforce it later.

Assignment. You may not transfer your rights or obligations under these Terms. We may transfer ours to someone who takes over the Services, provided your rights are not reduced; we will tell you beforehand, and you may terminate and receive a pro-rata refund of anything paid in advance if you do not want to continue.

Entire agreement. These Terms, their Annexes and the Privacy Policy are the whole agreement between us about the Services. This does not limit your remedies for anything we told you that was untrue.

Force majeure. Neither of us is liable for failing to perform because of something genuinely outside our control. This does not affect your right to terminate if the Services stop working.

Survival. Sections 11, 15, 25, 36, 37, 42 to 48 and 50 to 55 survive termination — including your right to challenge a decision of ours under section 45 after we have closed your account.



ANNEX A — Additional terms for the iOS app

These terms apply if you obtained the MetconLovers app from the Apple App Store. They are required by Apple and prevail over the rest of these Terms to the extent of any conflict, for the App Store app only.

1. Acknowledgement. These Terms are concluded between you and MetconLovers only, and not with Apple. MetconLovers, not Apple, is solely responsible for the App and its content. These Terms do not provide for usage rules for the App that conflict with the Apple Media Services Terms and Conditions.

2. Scope of licence. Your licence to use the App is a non-transferable licence to use it on any Apple-branded products that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing, volume purchasing, or Legacy Contacts.

3. Maintenance and support. MetconLovers is solely responsible for providing any maintenance and support services for the App. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

4. Warranty. MetconLovers is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are MetconLovers’ sole responsibility.

5. Product claims. You and we acknowledge that MetconLovers, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit framework.

6. Intellectual property rights. In the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, MetconLovers, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.

7. Legal compliance. You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer name and address. Questions, complaints or claims about the App should be directed to: Sebastian Furmańczyk, ul. Ameriga Vespucciego 12/34, 51-505 Wrocław, Poland; [email protected].

9. Third-party terms. You must comply with applicable third-party terms of agreement when using the App — for example, your wireless data service agreement.

10. Third-party beneficiary. You and MetconLovers acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms with respect to the App obtained from the App Store, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.


ANNEX B — Additional terms for the Android app

These terms apply if you obtained the MetconLovers app from Google Play.

  1. Google is not a party to these Terms. Your agreement is with MetconLovers only. Google is not responsible for the App or its content and has no liability to you under these Terms.

  2. Google Play’s terms also apply to your download and use of the App and to anything you buy through Google Play. Where these Terms conflict with the Google Play Terms of Service or Google’s developer agreements, those documents prevail as between Google and us.

  3. Purchases through Google Play are sold by Google, acting for these purposes as described in Google’s own terms. Refunds for such purchases are handled by Google under its policies — see section 23.

  4. Support for the App is provided by MetconLovers, not Google. Write to [email protected]; section 46 sets out when we reply.


ANNEX C — Information about the right of withdrawal

This Annex applies to consumers, and to natural persons running a business who contract outside their professional specialisation.

Right of withdrawal

You have the right to withdraw from the contract within 14 days without giving any reason.

The withdrawal period expires after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us — Sebastian Furmańczyk, ul. Ameriga Vespucciego 12/34, 51-505 Wrocław, Poland, [email protected] — of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an email). You may use the model withdrawal form in Annex D, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we will reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Where the subscription was purchased through the App Store or Google Play, the reimbursement is made by Apple or Google as the seller, and their process is the fastest route — see section 23.

Where you requested that the performance of services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated your withdrawal, in comparison with the full coverage of the contract.

Loss of the right of withdrawal for digital content

The right of withdrawal does not apply to a contract for the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgement that you thereby lose your right of withdrawal, the content has been fully supplied, and we have provided you with confirmation of those matters on a durable medium.

Where you buy access to a training board, you may ask us to begin supplying it immediately. If you do, and you acknowledge at the same time that you will thereby lose your right of withdrawal, then once the content has been fully supplied your 14-day right of withdrawal no longer applies. We will confirm this in the confirmation of your purchase. If you do not make that request and give that acknowledgement, your 14-day right of withdrawal is unaffected and you will not be charged for content supplied during that period.

After withdrawing you must stop using the digital content and must not make it available to third parties.


ANNEX D — Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract.


To: Sebastian Furmańczyk, ul. Ameriga Vespucciego 12/34, 51-505 Wrocław, Poland — [email protected]

I/We () hereby give notice that I/We () withdraw from my/our (*) contract for the provision of the following service:

…

Ordered on () / received on (): …

Name of consumer(s): …

Address of consumer(s): …

Signature of consumer(s) (only if this form is notified on paper): …

Date: …


(*) Delete as appropriate.


End of document.

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