TERMS OF USE

Last updated January 1, 2025

We are STEFIT sp. z o.o, registered at Zlota 75A/7, 00-819 Warsaw, POLAND ("the Company", “we”, “us, “our”). We operate the website https://www.stefit.app (the "Site"), the mobile application STEFIT (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

By accessing or using the App, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the App.

1. Eligibility

1.1 You must be at least 13 years old to use the App.

1.2 By using the App, you confirm that you are legally capable of entering into a binding agreement under the laws of your jurisdiction.

1.3 The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those people who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Account Registration and Security

2.1 Registration Requirements: To use the App after the 7-day free trial period, you must create an account using one of the following methods:

  • Email and password

  • Google Sign-In

  • Apple Sign-In

2.2 Password Security: If you register using email and password, you must:

  • Use a password that is at least 8 characters long, including one uppercase letter, one lowercase letter, one special character, and one number.

  • Keep your credentials confidential and do not disclose your password to any third party. You are responsible for all activity under your account.

  • Notify the Company immediately if you become aware of any breach of security or unauthorized use of your account.

2.3 Email Responsibility: You must use an email address that:

  • Belongs to you and is under your control.

  • Is accurate and valid for communication purposes.

  • Is not misleading or associated with unauthorized access or fraudulent activity.

2.4 Guest Access: During the 7-day free trial, registration is optional. However, any data you input will be deleted by us after 30 days counting from the start of the trial period unless you register and continue using the App. Once data is deleted, it cannot be recovered.

If you lose access to your Google or Apple account, it will not be possible to regain access to your App account. For email/password users, a password reset link can be sent to the registered email address to regain access.

3. Free Trial and Subscriptions

3.1 Free Trial:

  • Users can access the App for a 7-day trial period without providing payment details.

  • Data and accounts created during the trial period will be deleted after 30 days counting from the start of the trial period unless the user registers. Once deleted, it will not be possible to recover the data or account.

3.2 Subscription Plans:

  • The App offers monthly and annual subscription plans, managed exclusively through the Apple App Store and Google Play Store.

3.3 Cancellation:

  • Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.

  • To cancel, follow the cancellation procedures provided by the Apple App Store or Google Play Store.

3.4 Refunds: Refunds are subject to the policies of the Apple App Store and Google Play Store. For refunds, please contact Apple App Store or Google Play Store support directly, as the Company does not process refunds independently under their policies.

3.5 Fee Changes: We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

4. Data Collection and Privacy

We care about data privacy and security. Please review our Privacy Policy: https://www.stefit.app/en/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Poland. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Poland, then through your continued use of the Services, you are transferring your data to Poland, and you expressly consent to have your data transferred to and processed in Poland. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.

5. Acceptable Use

5.1 You agree to use the App solely for personal purposes, such as tracking physical activity, workouts, and progress.

5.2 Prohibited Activities: You may not:

  • Use the App to sell, promote, or advertise products or services

  • Copy, modify, or create derivative works based on the App

  • Reverse-engineer, decompile, or attempt to access the App’s source code

  • Remove or alter any copyright, trademark, or proprietary notices from the App

  • Interfere with or disrupt the App’s servers, networks, or functionality

  • Upload or share content that is illegal, abusive, or infringes on the rights of others

  • Use the App for any unlawful or unauthorized purposes

6. Internet Requirements

6.1 While the App can function offline, certain features require an active internet connection. The Company is not responsible for limitations arising from lack of connectivity.

7. Disclaimers and Limitations of Liability

7.1 General Disclaimer: The services are provided on an "as-is" and "as-available" basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the services' content or the content of any websites or mobile applications linked to the services. We assume no liability or responsibility for:

  1. Errors, mistakes, or inaccuracies of content and materials.

  2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services.

  3. Any unauthorized access to or use of our secure servers and/or any and all personal information or financial information stored therein.

  4. Any interruption or cessation of transmission to or from the services.

  5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party.

  6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will always be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.

Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers or limitations may not apply to you, and you may have additional rights.

7.2 Health and Fitness Disclaimer: The App is designed for tracking workouts, physical activity, and fitness progress but does not provide medical advice, diagnosis, or treatment.

  • The App’s content, including workouts, exercise routines, or suggestions, is for informational purposes only.

  • Users should consult a physician or qualified healthcare provider before starting any new exercise program, particularly if they have a pre-existing health condition, injury, or concern.

  • Do not use the App in place of professional medical advice.

7.3 User Acknowledgment of Risk: By using the App, you acknowledge that:

  • Participation in physical activity carries inherent risks, including but not limited to the risk of injury, muscle strain, cardiac events, or other health issues.

  • You are solely responsible for assessing your physical fitness, health condition, and ability to safely perform exercises or activities suggested by the App.

  • The Company is not responsible for injuries, health complications, or damage that occur as a result of using the App.

7.4 User Responsibility for Input and Actions: The App is a tool that allows users to input, track, and manage their data. You are solely responsible for the accuracy and relevance of the data you input and for all actions taken based on such data. Under no circumstances will the Company be held responsible for your actions, decisions, or outcomes resulting from your use of the App.

7.5 No Guarantee of Results: The Company makes no guarantees regarding fitness or health outcomes. Results will vary based on individual effort, health, and consistency.

7.6 Medical Emergencies: The App is not designed to address medical emergencies. If you experience chest pain, dizziness, shortness of breath, or any other health emergency while using the App, stop immediately and seek medical attention.

7.7 Limitation of Liability: To the fullest extent permitted by applicable law:

  • The Company, its affiliates, partners, and licensors are not liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the App.

  • In jurisdictions where limitations of liability are restricted, the Company’s total liability will not exceed the amount paid by the user for the subscription during the 6 months preceding the claim.

  • This limitation does not apply to liability resulting from gross negligence, willful misconduct, or violations of mandatory consumer rights.

8. Intellectual Property and License Agreement

8.1 Ownership: We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

8.2 Grant of License to Users: End users (“You”) are given a non-transferable, non-exclusive, non-sublicensable license to download, install, and use the App solely for personal, non-commercial purposes, in accordance with these Terms. This sublicense remains valid as long as:

  • Your subscription is active.

  • You comply with these Terms of Use.

8.3 Restrictions: You may not:

  • Copy, modify, or create derivative works based on the App.

  • Reverse-engineer, disassemble, decompile, or attempt to extract the source code of the App.

  • Rent, lease, sublicense, distribute, or otherwise transfer rights to the App.

  • Remove or alter any copyright, trademark, or proprietary notices from the App.

  • Attempt to access, interfere with, or exploit systems, accounts, or data that are not intended for you.

  • Use bots, scripts, automated services, or any other unauthorized tools to access, manipulate, or register accounts within the App, or otherwise interfere with its normal operation.

  • Upload, transmit, or share illegal, harmful, abusive, or objectionable content.

  • Impersonate any person or entity, provide false information, or engage in fraudulent or deceptive activities.

  • Overload or disrupt the App's servers, infrastructure, or networks through excessive or abusive use.

  • Bypass, disable, or interfere with security features of the App.

  • Resell, redistribute, or exploit the App or its content for commercial gain without express authorization.

  • Use the App for the development or promotion of competing products or services.

  • Upload or transmit malicious software, including viruses, worms, or code that may disrupt the App’s operation.

8.4 Termination of License: Your license to use the App automatically terminates if:

  • Your subscription expires or is canceled.

  • You breach any of these Terms. Upon termination, you must delete all copies of the App and cease all access to or use of it.

8.5 Updates and Maintenance: We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

8.6 Third-Party Components: The App may contain software licensed from third parties, and your use of such components is subject to their respective licenses.

8.7 Compliance with App Store Policies: Use of the App is subject to the terms and conditions of the Apple App Store and Google Play Store, including but not limited to their refund policies, intellectual property rules, and content guidelines.

8.8 Feedback: By providing feedback, suggestions, or ideas about the App, you grant the Company a royalty-free, perpetual, irrevocable, and non-exclusive license to use, modify, and implement such feedback without any obligation to compensate you. You acknowledge that such feedback may be used to develop future features or improvements to the App, and you will not have any ownership, rights, or claims to such developments.

8.9 Warranty:

  • Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

  • No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of STEFIT sp. z o.o.'s sphere of influence that affect the executability of the Licensed Application.

  • You are required to inspect the Licensed Application immediately after installing it and notify STEFIT sp. z o.o. about issues discovered without delay by email provided in Contact Information section. The defect report will be taken into consideration and further investigated if it has been emailed within a period of five (5) days after discovery.

  • If we confirm that the Licensed Application is defective, STEFIT sp. z o.o. reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

  • In the event of any failure of the Licensed Application to conform to any applicable warranty, you (end user) may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

8.10 Miscellaneous: If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

8.11 EULA Integration: This section constitutes an End User License Agreement (EULA) and is incorporated into these Terms of Use for the user’s convenience. A separate EULA is not required.

9. Termination

9.1 The Company reserves the right to terminate or suspend your account for violations of these Terms or applicable laws.

9.2 Users may request account deletion at any time by contacting support at ask@stefit.app or by using the in-app account deletion feature.

10. Changes to Terms of Use

10.1 The Company reserves the right to modify these Terms at any time. Updates will be posted on the website with a "Last Updated" date.

10.2 For significant changes, users will be notified in-app and required to review and accept the updated Terms. Significant changes include, but are not limited to, changes to subscription terms, data processing practices, or user rights under these Terms.

11. Dispute Resolution

The European Commission provides an online dispute resolution platform, which you can access. If you would like to bring this subject to our attention, please contact us.
We are committed to making every reasonable effort to resolve disputes amicably and to your satisfaction. As a user, you retain the right to pursue your claims in accordance with applicable consumer protection laws and legal remedies available under the laws of your jurisdiction, including alternative dispute resolution mechanisms or public courts where arbitration is not enforceable.

12. Contact Information

For questions or support, please contact us:

These Terms of Use are governed by the laws of Poland and applicable international regulations.