1. Terms of Services and Terms of Use
Elite Station is an Albanian company, registered under NIPT M21324052M and offers "Sportify" (Mobile application & website including, but not limited to, https://sportify.al and all sub-sites, referred to below as "Sportify"), " Sportify" (encourages a healthy and active lifestyle and stands against obsessive diets or the pursuit of the clichéd phenomenon of the ideal body. Our objective is to enable our customers to decide their own lifestyle) and "Services" (including , but not limited to, personalized exercises, diet plans, fitness activity, progress tracking and continuous notifications on various actions)
Access to and use of the Sportify App, Platform and Services, as well as future Sportify Sites, Platform or Services, is subject to the Terms of Service and Terms of Use (hereinafter referred to as the "Terms")
If you are an ordinary user, or if you are accessing our App to use the Trial Version (as defined below) of Sportify, or if you are accessing the App through search engines, these terms of use are between you as an individual, and Sportify.
If you are an employee, faculty member or university student, school student, or other entity or organization, and you have subscribed to the Services and Platform ("Subscribing Enterprise"), you are an "Authorized User" of the Subscribing Enterprise and (i) you represent that you have the consent of the Complying Enterprise to use the Complying Enterprise's App, Services, Platform and "User Content" (as defined below) subject to these terms of use.
If you are a Compliant Enterprise and you need a Data Privacy Supplement to fulfill the obligations of the General Data Protection Regulation and consumer protection legislation under Albanian legislation.
2. Method of Use
The healthy lifestyle benefit service, including exercise and personalized diets, is a paid or free service.
Users of our App can be individuals (simple users) and/or authorized users of an enterprise or business.
For fees refer here
If you are a simple user, compliant enterprise and/or authorized user and you accept these terms of use in exchange for payment of all applicable Fees, Sportify grants you revocable, non-transferable, non-sublicensable, non-exclusive, rights limited, according to the time frame selected by you to access and use the App, the Services and the Platform only for your personal purposes and/or for the internal business purposes of the Compliant Enterprise, as applicable.
In addition, you may not:
a. copy, modify or create derivative works that are based on the App, Services, Platform or Documentation, or any part of the predecessor elements (individually or collectively, the "Sportify IPs");
b. distribute, transmit, publish, or forward Sportify's IP;
c. download or store Sportify's IP, except as expressly permitted on the App
d. transfer the rights granted to you by this Agreement to a third party (unless a Complying Enterprise may allow the specified number of Authorized Users, agreed between the Complying Enterprise and Sportify, to access and use the App, the Services and the Platform);
e. access or use Sportify's Services, Platform or IP for the benefit of a third party (except where Authorized Users may access and use the App, Services and Platform solely for the Compliant Enterprise's internal business purposes);
f. access content or data not intended for you, access a server or account that you are not authorized to access, or breach or attempt to breach the security or authentication features or measures of the App, Platform or Services;
g. attempt to access or obtain the source code or architecture of any Software;
h. attempt to probe, scan or test the vulnerability of the App, Services and/or Platform, or any associated system or network, or breach the security or authentication features or measures of the App, Platform or Services (unless Sportify gives you permission in connection with your participation in one of Sportify's security testing programs), and if Sportify blocks you from accessing the App, Platform or Services (including blocking your IP address), you will not receive any measure to avoid this blocking (eg masking the IP address or using a proxy IP address);
i. interfere or attempt to interfere with user, host or network services, including, but not limited to, introducing harmful computer programs or code ("Malicious Code") to the App or Services, load testing, overloading, " flood" as well as "junk email";
j. send electronic mail or transmit (i) content that infringes the intellectual property rights or other proprietary rights of any party; (ii) you have no right to charge under any law or contractual or fiduciary relationship; (iii) content that constitutes Harmful Codes, files or programs that interrupt, destroy or limit the operation of electronic programs or computer or telecommunications equipment; (iv) content that constitutes or creates a risk to the privacy or security of a person or entity; (v) content that includes unsolicited or unauthorized material; or (vi) content that is objectionable;
k. automate access to the App or Services, including, but not limited to, through APIs, bots, retrieval, or similar devices;
l. export or re-export Sportify's IP;
m. use or access Sportify's Services, Platform or IP to create a competitive product, service or solution; n. violate any applicable laws or regulations when using the App, Services or Platform;
n. impersonate a person or entity, or falsely state or misrepresent your affiliation with a person or entity, including, but not limited to, a Matching Enterprise;
o. allow a third party to perform the aforementioned actions.
Sportify may provide certain platforms, including certain interfaces, that you can download from the App ("ancillary software"). Certain Services or platforms (including Support Software) may be subject to additional limitations, restrictions, terms and/or conditions that are specific to such Services or Platforms ("Specific Terms").
In such cases, the Specific Terms will be made available to you, and your access to and use of the Services or related software will be conditioned on your acceptance of or compliance with the Specific Terms. Certain Services or software (including Support Software) may contain or use programming, code, or materials from third parties, including "open source" or free software ("Third Party Components"). ). Certain Third Party Components may be subject to separate license terms that accompany the Third Party Components.
3. Registration and security
By completing the registration process for certain Services, you agree to the selected Services, which are subject to the terms and conditions of use, and at the same time agree to provide Sportify with accurate and complete registration information, and to notify Sportify immediately in case the said information changes.
You are solely responsible for the security and appropriate use of all user identification data, passwords or other security devices in connection with the App and/or Services, and take all reasonable steps to ensure their security and confidentiality, their appropriate use, and their non-distribution or use by any other person or entity. You immediately inform Sportify if there is any reason to believe that user identification data, password or security features provided by Sportify have been or are likely to be provided to someone who is not authorized to use them, or has likely to be used in an unauthorized manner. Sportify reserves the right (at its own initiative) to require you to change your Services password(s).
You are the only responsible for all activities related to accessing the App and/or Services through your account or password, and for the security of your computer systems, and Sportify is not responsible in any event for the loss or damage of such activity.
In addition, Compliant Enterprises may designate Authorized Users to use the App and bear the same responsibilities for use or disposal of data as above.
4. Fees, Payments, and Trial Membership
If you have registered to use certain Services and/or Platform for a trial period, then you may use said Services and/or Platform for non-commercial evaluation purposes during the applicable trial period.
Access to or use of the Services and/or Platform is subject to payment of all applicable fees, as described on the App/Site or Platform at such time ("Fees"); unless you are an Authorized User, and your access to or use of the Services and/or Platform is subject to payment of Fees by the Compliant Enterprise.
To register for the Services, unless you are an Authorized User, you are required to designate a valid payment method. You hereby authorize Sportify to charge your designated account all Fees for the Services you select, and you agree to pay all Fees in accordance with the terms and conditions of the applicable payment methods.
Sportify reserves the right to revise its Fees, including increasing or adding new Fees, at any time by giving you ten 60 days notice. This notice may be sent to you by email to your most recent email address, may be posted on the App/Site, or in another manner selected by Sportify, in its reasonable commercial initiative. You will be deemed to have received this notice posted on the App/Site on the day it is posted. If you continue to use the Services after ten (10) days of notice, you will be deemed to have accepted the new or revised Fees. If you do not agree to the revised Fees, you may cancel your subscription by following the "View cancellation instructions" link below.
5. Trial Version
Sportify may offer a free trial version membership from time to time in connection with certain Platform or Services ("Trial Version"). By accessing or using the App/Site, Services or Platform, you accept the terms of each Trial Version and agree to any changes that Sportify may make to a Trial Version, as described in the "Changes to Services or Terms" section below. If you cancel the Services before the end of the trial period, you waive all of your rights for any remaining trial period (if you have not started your Trial through our Platform on the iOS system, the trial will continue until the end of trial period, and you will not be eligible to participate in any further Trial Versions, except as permitted by Sportify, at its own initiative.
6. Settlement and Refund Policy
These terms of use will remain in effect until you cancel your subscription or until your account is deleted by Sportify in accordance with the terms of use. You may cancel your subscription at any time, although only an authorized representative of a Subscribing Enterprise may cancel the Subscribing Enterprise's account. See cancellation instructions on the official website. If you cancel after the renewal date of your subscription, you will not be refunded for the amounts charged. The cancellation will be effective at the end of the subscription period at that time, in accordance with applicable law, and you may use the Services until the cancellation becomes effective (unless access is suspended or terminated as set forth below).
Sportify may deny you access to all or part of the Services, or may terminate or suspend your account with prior notice if you engage in any activity that Sportify determines is in violation of these Terms or applicable law.
If you are an Authorized User of a Complying Enterprise, your Complying Enterprise may choose at its own initiative and at any time to revoke your status as an Authorized User and (a) close your account, or (b) convert your account to a personal account at the time you agree to use the Services and the Platform as an individual subscriber in accordance with the terms of this Agreement (an Agreement to be entered into solely between you and Sportify).
Upon termination of your account(s) for any reason, your right to use the Services and the Platform and to access the App/Site and its content will immediately cease and all content in your account(s) will be deleted. All provisions of this Agreement shall survive termination, including, but not limited to, ownership provisions, warranty statements, indemnification, limitations of liability and miscellaneous provisions.
Except as expressly provided herein, all Fees paid or accrued in connection with the Services are non-refundable, and Sportify will not assess any Fees paid for a subscription that is terminated prior to its termination.
7. Termination of service with the Compliant Enterprise
Sportify may terminate this service with advance notice if the Compliant Company breaches any material term of the Terms and fails to remedy the breach within a reasonable time or as required by law, depending on the nature of the breach, from the time of receipt of notice from Sportify. In addition, Sportify may suspend the Services upon notice if you fail to make the required payments or related obligations upon such notice.
For other reasons, Sportify may terminate this service if deemed necessary by giving sixty (60) days prior written notice, without incurring any liability to you. Upon termination for the foregoing, Sportify will refund the pro rata portion of any Fees relating to the remaining term, as applicable.
If you do not agree with these terms and do not accept them for any reason, you can immediately contact Sportify or decide, delete according to Sportify's instructions, all Confidential Information, the Platform and / or other materials under your possession or control, and all usage rights granted by Sportify in accordance with the terms herein. Accordingly, Sportify may choose to (a) terminate your Authorized Users' accounts, or (b) convert Authorized Users' accounts to individual user accounts.
8. Mobile services
The App/Site, Platform and Services may include products and services that are available through a mobile device, including (i) the ability to upload content to the Services through a mobile device, (ii) the ability to browse the Services and the App/Site from a mobile device, and (iii) the ability to view certain features through a software program downloaded and installed on a mobile device ("Mobile Services"). When using the Service through a mobile device, your wireless Internet service provider's standard charges, data charges, and other charges may apply.
9. User Content
You are solely responsible for all text, documents, or other content or information uploaded, posted, or transmitted by you while using the Services and/or the Platform ("User Content"). User Content includes, without limitation, any errors in the content or information transmitted by you. Sportify has no obligation to monitor User Content and shall have no liability to you or any other person or entity in connection therewith, including, but not limited to, liability with respect to any information (and confidential ), you grant Sportify the right to store and use your User Content (even if you are an Authorized User, the User Content of the Compliant Enterprise) in connection with the provision of the Platform and Services and for the purpose of improving the underlying algorithms of the Software and service.
10. Changes to Services or Terms
Sportify reserves the right at any time to: (i) change any information, specifications, features or functions of the App/Site, Services or Platform, including any Trial Version, (ii) suspend or discontinue, temporarily or permanently, any or all Services or Trial Versions, iii) impose limits on certain features and certain Services, or restrict access to part or all of the Services, including any Trial Version, in each case with prior notice and without any liability to you or to a third party. Sportify will use its reasonable efforts to notify you of changes to the Services and/or the Platform that, in effect, improve the service provided or to which you have subscribed.
Sportify may update or revise the Terms of Service and Use by notifying you at your most recent email address, after updating the Terms of Service and Use on the App/Site, or in any other manner selected by Sportify. If you use the App/Site, Services or Platform after any update or revision, you are deemed to have already agreed to be bound by and comply with this Agreement according to the update or revision. The updated Terms of Service and Terms of Use can be viewed at Terms and conditions.
It is your responsibility to review the Terms of Service and End User License Agreement periodically. If you cancel your subscription within ten (10) days of such notice from Sportify in accordance with the two clauses above, then Sportify will refund to you a pro rata portion of the prepaid Fees for the affected Services applicable to the canceled portion of the term. prepayment, if any.
11. Links to Third Party Sites
Any links on the App/Site to third-party websites are provided for your convenience only. If you choose to use third party websites or obtain products or services from third parties, you are responsible and this entry is between you and the third party. Sportify does not guarantee or represent the legality, accuracy or authenticity of the content presented by these websites or any products or services offered by third parties, and has no responsibility for any loss or damage arising from the access to or use of these websites , products or services.
12. Consent to receive emails (e-mail)
Your registration to use the App/Site and/or Services constitutes your consent to receive e-mail communications from Sportify, including messages regarding customer service matters and other related matters. You may opt out of receiving e-mail correspondence, other than technical notices and communications regarding matters related to your account and how you use the App/Site and Services, at any time by following the link included in the e-mail messages. electronic. We send marketing communications with your prior consent, and you can revoke this consent at any time by clicking on the "Unsubscribe" link found in Sportify emails, and by changing your contact preferences. You will continue to receive commercial messages about our Services, even if you opt out of receiving marketing emails.
13. Data Collection and Privacy
Sportify does not collect personal information that identifies you, unless you have expressly provided this information to Sportify. Sportify's information practices are further described in the privacy policy, which can be found at: "Privacy Policy".
The Privacy Policy is an integral part of the Sportify "Terms".
Sportify may update or revise the Privacy Policy from time to time and under these conditions, Sportify will notify you either by email to your most recent email address, or by posting the updated or revised Privacy Policy to App/Site, or in any other manner selected by Sportify, in its reasonable commercial initiative. If you use the App/Site, Services or Platform after any update or revision, you agree to be responsible for and comply with the Privacy Policy according to the most recent update or revision. In addition, Sportify may engage third parties to monitor, detect or prevent cyber fraud. As part of these engagements, if you initiate a transaction on the App/Site or through the Services, Sportify may provide third parties with access to your credit card. credit and other personal information. These third parties may use this personal information only for risk control and cyber fraud detection/prevention purposes. However, they may also transform this personal information into encoded or coded representations to be used for statistical and/or fraud prevention purposes. By initiating this transaction, you consent to the sharing and use of your information.
14. Ownership
All intellectual property rights in the User Content are and will remain your property, and Sportify will not acquire any ownership rights with respect to your User Content.
All intellectual property rights in the Platform, App/Site and Services, and other IP of Sportify are and will remain the property of Sportify and its affiliates, as applicable, and you will not acquire the right of ownership or use in connection with any other Sportify Platform or IP, except as provided in the Terms of Service and Terms of Use. Without limiting the foregoing, you acknowledge that the Platform and the Services and the inventions, know-how and methodologies are owned by and contain valuable trade secrets of Sportify and its affiliates, as applicable, and that the Platform constitutes Sportify's Confidential Information. From time to time, you may provide Sportify with suggestions, comments, recommendations, improvements, solutions, bug fixes, features, concepts, techniques, ideas, insights, and/or feedback regarding the Services, the Platform, the App/Site and/or any of Sportify's related technologies ("Thought"). All opinions will be given voluntarily and all your feedback/opinions, to Sportify (where applicable), will become the exclusive property of Sportify.
15. Support, Complaints and Dispute Resolution with Sportify
For any complaint related to the service provided by Sportify or if you think your rights to the protection of personal data, consumer rights or any other legal right have been violated, you can contact us at [email protected]
You can file the same complaint by post at the address: Tirana, Tirana, TIRANE, Municipal Unit No. 2, Themistokli Germenji Street, Stair No. 1, Floor 4, Apartment No. 9
In any case, Sportify will reply to you within 5 calendar days to resolve the issue or continue the legal and/or administrative procedures as the case may be.
Sportify will do its best to resolve any dispute with you amicably and within a reasonable time and as quickly as possible by contacting you personally via electronic format or at the contact numbers you provide us with. available. Sportify's efforts will be in accordance with the implementation of the legislation in force, including the relationship with third parties and/or administrative/legal institutions as the case may be.
In the event any dispute is resolved amicably and privately between you and Sportify, then you agree that you will not raise any further claims for the same dispute.
If it will not be possible to resolve privately between you and Sportify, the latter in cooperation with you as a user / subscriber will offer you alternative ways of resolving disputes.
Alternative dispute resolution is related to any other friendly, out-of-court way that includes assessment, negotiation, conciliation and mediation as an option is considered an informal way for issues in the civil, commercial and criminal fields, etc.You agree that all disputes or claims that may arise between you and Sportify shall first be resolved amicably and/or through mediation method(s), prior to pursuing administrative and/or judicial recourse as appropriate.You therefore agree that, by using Sportify's services, you waive (temporarily) your right to dispute resolution in court until an amicable or alternative resolution is reached (within a reasonable time) between you and Sportify.After performing the aforementioned methods and if an understanding has not yet been reached between you and Sportify, you have the right to pursue the same dispute in court in the competent court.All aspects of mediation, administrative or judicial proceedings shall be strictly confidential for the benefit of the disputing parties.Any potential damages that may arise between you and Sportify will be assessed on a case-by-case basis, in accordance with the terms above in this section and applicable law.
16. General
These terms of service and methods of use are interpreted in accordance with the laws of the Republic of Albania and international fundamental rights and freedoms. Your legal obligations may not be transferred to third parties without Sportify's prior written consent.
If Sportify fails to perform any obligations under the Terms of Service and Terms of Use due to matters beyond its reasonable control (such as Force Majeure)" such as: lightning, flood, severe weather, fire, explosion, war, civil unrest, epidemic / pandemic, actions of local or central government or other competent authorities, problems with telecommunications providers, hostile network attacks or other events beyond the reasonable control of Sportify shall have no liability to you for failure to perform obligations; provided that Sportify resumes work immediately after the removal of the circumstances constituting the Force Majeure Event.
If the Force Majeure Event continues for more than sixty (60) days, either Sportify or you can be contacted via the email address [email protected]. At the same time, you as a simple/authorized user will remain responsible for legal obligations and Fees (where applicable) until the day of commencement of the Force Majeure Event.
For any issue not foreseen in these "Terms" Albanian and/or international legislation will be applied as the case may be.