Terms of Service FastyForm

1. Introduction
   1. These Terms of Service define the rules for using the Application.
   2. The Application is owned by the Owner, as defined above.
   3. The Application operates as an intermediary platform between personal trainers and users, aiming to enable users to purchase exercise technique verification services based on video. FastyForm is not the provider of these services but a tool enabling their delivery.
   4. Using the Application constitutes acceptance of these Terms of Service.
2. Registration and User Account
   1. To use the full functionality of the Application, a user account must be registered.
   2. During registration, the user is required to provide true and up-to-date information.
   3. Adding a profile picture is optional. If the user decides to add a profile picture, it will be stored on our servers and visible to all users of the Application.
   4. The user consents to receive email communication necessary for the provision of services by the Application, including account notifications, transactions, service updates, and other important information related to the use of the application.
   5. During the registration process, the user can consent to receive information about promotions, tips, and news via email by checking an optional checkbox. This consent can be withdrawn by the user at any time.
3. Security and Account Responsibility
   1. The user is responsible for maintaining the confidentiality of their login information.
   2. In case of suspected unauthorized access to the account, the user is obliged to immediately inform the Application administration.
   3. Regularly changing passwords and using strong character combinations is recommended to increase account security.
4. Services and Payments
   1. The Application allows the purchase of video analysis services from trainers.
   2. Payments for services are processed via the Stripe payment system.
   3. After making a payment, the user can upload a video along with optional comments.
   4. After the video analysis is completed and reviewed by the trainer, the trainer's remuneration is automatically paid out.
   5. The availability of funds depends on the payment service provider and can range from 3 to 7 days. After this period, the funds are automatically transferred to the trainer's bank account.
   6. The Application Owner is not responsible for delays in payment processing by external payment systems.
   7. Our application charges a commission of 3% on each transaction. Additionally, payment processing fees are charged according to Stripe's pricing, which includes both a percentage rate and a fixed transaction fee. Detailed information about Stripe's commission can be found by visiting Stripe's commission link. Our commission is charged as a fee for using the platform, which serves as an intermediary tool between users.
   8. The commission amount is automatically deducted from the trainer's remuneration for the services provided.
   9. The Application Owner reserves the right to change the commission rate in accordance with provision 15.1 of the Terms of Service.
   10. The minimum payout amount for the trainer through the Stripe payment system is PLN 5. Payouts below this amount will be accumulated until the total sum exceeds the required minimum amount.
   11. Payment processing services for Trainers (Users registering as Trainers) on FastyForm are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a Trainer (User registering as a Trainer) on FastyForm, the user agrees to comply with the "Stripe Services Agreement," which may be modified by Stripe from time to time. The provision of payment processing services by FastyForm via Stripe is conditional upon the user providing FastyForm with accurate and complete information about the user and their business and authorizing FastyForm to share this information and transaction details related to the use of Stripe's payment processing services.
   12. For trainer accounts, the application requires additional personal information to process payments through the Stripe system. For individuals, this includes their first and last name, while for companies, it includes the polish VAT number and company address. The collected data is used to generate Stripe receipts, which display either the trainer's name or the company's VAT number and address, depending on the trainer's status (individual or company).
5. Marketing Communication
   1. A user who has consented to receive marketing information agrees to receive, via email, information about promotions, tips, and news related to the Application from the Application Owner.
   2. The user has the option to withdraw consent to receive marketing information at any time by changing the settings in the notification tab in the application or by clicking the unsubscribe link located in the footer of each marketing email.
6. Copyright and Use of Video Materials
   1. All materials uploaded by users remain their intellectual property. The Application and trainers may use these materials solely for the purpose of providing analysis services.
   2. The user grants the Application a non-exclusive, perpetual right to use the uploaded video materials within the scope of the Application's activities.
   3. By submitting a video for technique verification, the user consents to the processing of their image by the trainer solely for the purpose of providing the exercise technique analysis service.
7. Refunds and Order Cancellations
   1. The user has the right to request a refund only if the service has not been performed by the trainer within 14 days from the date of purchase, or if the service performed is not in accordance with the agreement or has significant defects.
   2. A refund request due to the trainer's non-performance or non-compliance with the agreement must be submitted by the user within 14 days from the planned service completion date or from the date of receiving the service results.
   3. If the request is accepted, the user will receive a full refund for the unfulfilled or improperly performed service. The trainer will not be refunded the commission charged by the Application on the transaction.
   4. Refund decisions will be made by the Owners based on an individual assessment of each case. The refund will be transferred to the user's account within approximately 5-10 business days from the date of request acceptance.
   5. Order cancellation after it has been placed is not possible, as the service execution begins immediately after purchase. By accepting these terms, the user acknowledges this fact and agrees to the immediate commencement of the service without the possibility of cancellation.
   6. All refund requests should be directed to the customer service department through the official communication channels provided in the application.
   7. The Application Owner is not responsible for delays in processing refunds by external payment systems.
8. User Rights and Obligations
   1. The user is obliged to use the Application in accordance with the law and good practices.
   2. The user is responsible for the content of the video materials they upload.
9. Trainer Rights and Obligations
   1. The trainer is obliged to provide professional and reliable analysis of the uploaded materials.
   2. The trainer has the right to set the price of their services.
   3. The trainer agrees to maintain confidentiality and protect users' personal data, including not disclosing uploaded video materials and user information to third parties without the user's explicit consent.
10. Personal Data Protection
    1. The Application processes users' personal data in accordance with applicable data protection regulations.
    2. Detailed information regarding the processing of personal data, including security measures and user rights, can be found in our Privacy Policy.
11. Liability
    1. The Owner is not responsible for users' actions and the content they upload.
    2. The Application is provided "as is," without a warranty of error-free operation.
    3. The Owner and trainers are not liable for any damages resulting from the improper application of advice or analyses by trainers.
    4. The user is fully responsible for any materials they upload that infringe the rights of third parties, including copyright, trademark rights, privacy rights, or other intellectual property or personal rights. The Application Owner is not responsible for the content uploaded by users but commits to acting within the bounds of applicable laws upon receiving notification of a possible infringement.
12. Trainer Accounts and Addition to Trainer Database
    1. Users registering as trainers agree to have their accounts added to a publicly accessible trainer database.
    2. The data available in the trainer database will be limited to the trainer's profile name and service prices.
    3. The Owner reserves the right to automatically add trainer accounts to the database to promote their services within the Application.
    4. Trainers can update or modify their data in the trainer database at any time through their user account.
13. Trainers' Tax Responsibility
    1. Trainers registered in the Application as service providers are responsible for all tax matters arising from their activities, including declaring and paying applicable taxes, accounting, and recording income in accordance with applicable tax laws.
    2. The Application Owner is not responsible for trainers' tax settlements.
    3. Trainers should ensure that their activities comply with local tax regulations, including making appropriate tax declarations and payments.
    4. The Application Owner does not provide tax advice and recommends that trainers consult with relevant specialists for tax advice.
14. Commission Invoices
    1. The trainer will receive a monthly invoice for the commissions charged, sent to the email address associated with their account, provided during registration. This invoice will reflect all commissions charged by the Application for using the platform in a given month.
    2. The Application Owner commits to sending invoices within 15 days after the end of the month for which the commissions are charged.
15. Age Requirements
    1. The use of the Application is allowed only for individuals who are at least 18 years old. Minors may use the Application only under the supervision of legal guardians.
16. Changes to the Terms of Service
    1. The Owner reserves the right to make changes to the Terms of Service. Users will be informed of any changes through notifications in the Application or via email.
17. Procedures in Case of Violations
    1. In the event of a violation of the Terms of Service by a user, the Owner may take appropriate actions, including temporary suspension or permanent removal of the user's account.
18. Final Provisions
    1. All disputes arising from the use of the Application will be resolved in accordance with Polish law.
    2. The Terms of Service are effective from 01.01.2024.