Software Service Agreement
GENERAL TERMS AND CONDITIONS
Art. 1. In applying these General Terms and Conditions set out below the terms and expressions are used in the following sense:
1. service – an Internet-based computer program for managing sports centers „Gym Realm Manager“, the access to which is carried out via a computer program – client;
2. Gym Realm – a limited liability company, incorporated and registered under the laws of Bulgaria, UIC 202510961, having its registered seat and address at № 4 Gen. Josif V. Gurko, Sredets District, 1000, Sofia, Bulgaria;
3. user – any person who has made a registration pursuant to these General Terms and Conditions and has an active user profile for using the service;
4. user profile – created with the completion of the registration and established in the system of the service a unique profile of the respective user to access the service;
5. user content – profile picture, profile description and any other information in text or graphic form, to be published by the user.
II. GENERAL PROVISIONS
Art. 2. These General Terms and Conditions govern the relationship between Gym Realm and each registered user of the service.
Art. 3. These General Terms and Conditions shall be adopted upon the registration of a new user and shall bind Gym Realm and the corresponding registered user of the service for each time when using the service for the period during which the profile is active and within the validity of the contract signed between the parties.
Art. 4. These General Terms and Conditions are available on website http://gymrealm.com/manager/terms
Art. 5. (1) In order to be able to use the service, the respective user must create their user profile by filling out the electronic registration form.
(2) In case of registration through user profile in another Internet-based service (a social network), the identity details shall be used of the owner of the respective profile.
Art. 6. (1) Ticking „text-to-checkbox“ when registering, the user declares that he/she is familiar with the contents of these General Terms and Conditions and declares that he/she accepts and undertakes to observe them.
(2) If the user is a minor person, by ticking „Text-to-checkbox“ and completing the registration he/she declares the consent of their parents or guardians for the acceptance of these General Terms and Conditions and performing the registration. If the user is a minor person, the statement of acceptance of these General Terms and Conditions for making the registration is made by a parent or a guardian.
(3) The acceptance of General Terms and Conditions by ticking the checkbox „Text-to-checkbox“ and completing the registration by pressing the button „Registration“ are electronic statements and lead to signing a contract between the parties.
(4) Upon registration the user or his parent or guardian respectively, declare that the identity details are true and complete.
Art. 7. Gym Realm shall confirm the completion of registration by sending a message to the e-mail address specified in the electronic registration form or respectively the e-mail associated with the user profile in the social network, containing information on the profile activation.
Art. 8. The e-mail specified in the electronic registration form or respectively the e-mail associated with the user profile in the social network shall be used by Gym Realm to contact the user, and all communications sent to the user shall be deemed received upon their arrival to the e-mail of the user without the need of explicit confirmation thereof.
IV. RIGHTS AND OBLIGATIONS OF THE USER
Art. 9. The user shall be entitled to free access to the service for a period of two months as of creating the user profile, and after the expiry of that period – against payment under the terms and conditions set out in Art. 25 – 27.
Art. 10. (1) The user is obliged to keep their username and password for access to their user profile. In the event that a third party had access to them, the user shall immediately notify Gym Realm.
(2) Gym Realm accepts each identification with the username and password of the respective user as an access made by the same user.
Art. 11. The user undertakes not perform any acts that may affect the security of the service and/or prevent the access of third parties to the service.
Art. 12. The user undertakes not to create and publish any user content that contradicts to the Bulgarian legislation, the applicable foreign laws, these General Terms and Conditions, the rules of morality and decency.
Art. 13. In case of any change in the identification details indicated upon the registration, the user is required to update such details promptly in accordance with the requirement that they are true and complete.
Art. 14. User may not provide access to their user profile by third parties.
V. RIGHTS AND OBLIGATIONS OF GYM REALM
Art. 15. Gym Realm has the right without having to pay to store and to use public User Content posted by users for the purpose of service and distribution.
Art. 16. If necessary, with a view to maintaining and improving the quality and safety of the service, Gym Realm may temporarily restrict the access to the service (on a scheduled or accidental basis).
Art. 17. If necessary Gym Realm has the right to temporarily or permanently restrict partial the functionality of the service after the express prior notification to users to their e-mail address in accordance with Art. 8.
Art. 18. Gym Realm has the right to send the users monthly newsletters, system, promotional and other messages related to the service.
Art. 19. Gym Realm is required to ensure proper functioning and smooth operation of the service, and to promptly update it to the latest available version.
Art. 20. Gym Realm undertakes to eliminate any program defects or other flaws of the service within period in compliance with the specific needs and level of complexity of the situation.
VI. AMENDMENTS IN THE GENERAL TERMS AND CONDITIONS
Art. 21. If necessary, Gym Realm has the right to unilaterally make amendments and/or additions to these General Terms and Conditions.
Art. 22. When performing amendments and/or additions to these General Terms and Conditions, Gym Realm explicitly shall inform the users in writing by mail to their e-mail under Art. 8, by giving the users two weeks to get acquainted with the amendments and additions.
Art. 23. Within the two-week period under the preceding article, the users can request by an explicit written message to Gym Realm, that they do not accept the amendments and/or additions in the General Terms and Conditions. In this case, the user profile is closed and the relations between the parties shall be terminated.
Art. 24. If the user does not explicitly object within two-week period under Art. 22 it shall be deemed to have accepted the amendments and/or additions and they shall have effect in the relations between the parties and shall bind them in the future.
VII. Paid service
Art. 25. (1) Within two months of creating the user profile, the user is entitled to free access to the service in order to get acquainted with the functionality of the service.
(2) After the expiry of the initial period under the preceding paragraph, the access to the service shall be granted against payment of a monthly fee in the amount and under procedure listed on the website of the service http://gymrealm.com/manager
Art. 26. That amount of the monthly fee is subject to change by Gym Realm. Subsequent change of the monthly fee shall apply to future periods and does not affect any prepaid periods by the user.
Art. 27. After the expiry of the period paid by the user, Gym Realm shall suspend the access of the user to the service. The user profile remains active and the access to the service can be restored by making a further payment without the need to pay any reactivation fee or charge for the time during which the access has been suspended.
Art. 28. Gym Realm collects, stores and processes personal data for the purposes of providing the service, and to identify the user and customize their profile.
Art. 29. Gym Realm shall take all measures to protect the users’ personal data against any unauthorized access by third parties.
Art. 30. Gym Realm undertakes not provide users’ personal information to third parties except in cases permitted by law.
IX. termination of the CONTRACT
Art. 31. (1) The contract between the parties shall be terminated in the following cases:
1. by mutual consent;
2. upon voluntary deactivation of the user profile made by the user, and in such case Gym Realm shall not owe refund of any prepaid monthly fees;
3. in case the user within the period under Art. 22 expressly states in writing that he/she does not accept the amendments and/or additions to the General Terms and Conditions;
4. unilaterally by Gym Realm, in the event that it is established that the user is using the service in violation of these General Terms and Conditions;
5. upon the occurrence of objective reasons that make it impossible to execute the contract.
(2) In the cases under the preceding paragraph the user profile shall be closed and the access to the profile shall be terminated.
X. OTHER PROVISIONS
Art. 32. Access to the service is performed on a computer system that meets the following requirements:
1. operating system – Windows 7 or later version;
2. dual-core processor;
3. RAM – of at least 1 GB RAM;
4. Internet access.
Art. 33. (1) The copyright on the computer programs „Gym Realm“ in its integrity, as well as on the program code, database, design, graphic images and all other constituent elements belong entirely to Gym Realm.
(2) During the period of duration of the contract concluded between the parties and subject to these provisions set out in General Terms and Conditions, Gym Realm shall give to the user a non-exclusive and non-transferable right to use the service.
Art. 34. Gym Realm shall not be responsible for any material and moral damages, suffered losses or profits lost by the user in the event that the computer systems used does not meet the requirements under Art. 32 or if they were caused by faulty hardware components, computer software other than that of „Gym Realm“, or any other reasons beyond the control of Gym Realm.
Art. 35. Gym Realm shall not be responsible for damaging the rights of third parties by the actions of the user during using the service, by posting user content, for using other’s identity data by the user, etc.
Art. 36. If any provision under these General Terms and Conditions is declared invalid, this shall not invalidate the General Terms and Conditions in their integrity.
These General Terms and Conditions are approved by the management of Gym Realm on 29.07.2013, and shall come into force on 29.07.2013 .
The undersigned Vania Angelova Kirkova hereby certify the fidelity of the translation done by me from Bulgarian into English language of the attached document “General terms and conditions”. The translation consists of 4 (four) pages.
Translated by: Vania Angelova Kirkova