REGULATIONS

GYMSY MOBILE

These Regulations (Regulations) set out the rules for the use of the mobile application "GYMSY MOBILE" owned by̨ Jakub Zielinski conducting business under the name of MC Jakub Zielinski with its registered office in Lublin (Poland), 20 Śliwkowa Street, 20-141 Lublin, NIP (TIN): 946-180-70-47

GYMSY MOBILE allows you to learn about third-party offers for the purchase of Specialist Services - making online and/or in-person visits under the guidance of a specialist of your choice.
GYMSY MOBILE provides functionality with which you can easily and conveniently search, select parameters and terms, and then purchase services currently offered by third parties (specialists) in the Specialist Services.
GYMSY MOBILE allows customers to make online and in-person appointments with specialists (e.g., Personal Trainer) and perform individual workouts as well as preventive training.
GYMSY MOBILE allows specialists to receive clients for online and in-person appointments, creating customized workouts for clients.
ATTENTION!!! Before using the Specialist Service under GYMSY MOBILE, you must be aware of your condition. The reason for this is that the consequence of a visit to a specialist may be the creation of a personalized training. It is recommended that you consult your health condition with your doctor before using the Specialist Service, in order to exclude contraindications to the assigned workouts.
CAUTION!!! If you have any concerns or questions about your health, you should always consult your doctor, general practitioner or other health care professional. Do not disregard, avoid or delay obtaining medical or health-related advice. Use of the information provided through GYMSY MOBILE is solely at your own risk.
Attention!!! By accepting the terms and conditions of GYMSY MOBILE with the intention of using GYMSY MOBILE and the Specialist Service, the customer acknowledges that:

No doctor or general practitioner has ever informed a client that he or she has a heart problem or that he or she should only perform physical activities recommended by a doctor or general practitioner;
He has never experienced chest pain while engaging in physical activity;
You have not experienced chest pain during physical inactivity anytime in the past month;
You have never lost your balance due to dizziness and never lost consciousness;
You do not have bone or joint problems that could be worsened by a change in physical activity;
Your doctor or general practitioner is not currently prescribing medications for blood pressure or heart disease;
You have no history of hypertension, and no one in your immediate family has a history of hypertension or heart problems;
You don't know any other reason why you shouldn't do the exercises;

physician or general practitioner has been specifically consulted by the client and has agreed to the client's use of the Specialist Services.

§ 1.
DEFINITIONS

Price of the Specialist Service - the total price that the customer is required to pay to the selected specialist for the selected and purchased Specialist Service,and the conclusion of the contract with the selected specialist, plus the payment operator's commission;
MC - entrepreneur Jakub Zielinski conducting business activity under the name of MC Jakub Zielinski with registered office in Lublin (Poland), 20 Śliwkowa Street, 20-141 Lublin, having tax identification number: 9461807047, whose property is GYMSY MOBILE software.
Consumer - a natural person performing activities in GYMSY MOBILE that are not directly related to his/her economic or professional activity - pursuant to Article 22(1) of the Civil Code;
Customer Account - functionality of the GYMSY MOBILE application, which, after prior registration in the GYMSY MOBILE application by a person interested in acquiring the Specialist Services, enables the use of the current functionality of the GYMSY MOBILE application as a customer;
Specialist Account - functionality of the GYMSY MOBILE application, which, after prior registration in the GYMSY MOBILE application by a person interested in offering Specialist Services, allows to use the current functionality of the GYMSY MOBILE application as a specialist;
GYMSY MOBILE - software adapted to be stored in the memory of Mobile Devices (as well as in desktop devices in terms of access for specialists), which is a tool dedicated to the provision of GYMSY Services, by means of which the customer/specialist may use the Specialist/Services of GYMSY MOBILE under the terms described in the Terms and Conditions;
Offer - a proposal for a paid visit offer (online/physical) addressed to a GYMSY MOBILE customer concerning the Specialist Service on the terms and conditions each time specified by the specialist, which is made available using the GYMSY MOBILE functionality;
Commission - the fee charged by the payment operator's system for the execution of the purchase transaction of the Specialist Service between the customer and the specialist.
Regulations - these Regulations of GYMSY MOBILE.
Force majeure - any extraordinary external event that cannot be reasonably resisted or prevented, in particular, such as wars, floods, fires, natural disasters, volcanic eruptions, terrorist attacks, strikes, lockouts, bankruptcy of service providers, as well as successful hacking attacks on the Internet network or actions of computer viruses that prevent the proper provision of services.
Subscription - by subscription is meant a paid access service (at the price indicated in the Price List) to the full functionality of GYMSY MOBILE (at intervals specified in GYMSY MOBILE, e.g. 1 month), available only to specialists, providing, among other things, the Offering of Specialist Services to customers;
Content - any content published or made available on GYMSY MOBILE by the client/specialist (also through third-party operators, e.g. Vimeo), in any form, in particular audiovisual, textual, graphic, photographic and audio content, regardless of whether they constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights;
Specialist - natural persons who are 18 years of age or older and have full legal capacity, who have the professional authorization to practice the profession of personal trainer or any other specialization available for selection in the menu of the specialist's profile in the application, in accordance with generally applicable laws and subject to the rules provided for them, which persons, after prior registration in GYMSY MOBILE and (if necessary) sending to MC the relevant documents confirming professional authorizations and verification of the account with a phone number via SMS and after purchasing a subscription, are given the opportunity to prepare and submit an Offer for Specialist Services within the GYMSY MOBILE application. If national regulations provide for the attainment of age of majority or limited legal capacity at a different age, national regulations shall apply in this regard;
Mobile Device - a portable electronic device that allows processing, receiving and sending data without maintaining a wired connection to the Internet, such as a smartphone (Mobile Device);
GYMSY MOBILE SERVICES - the totality of factual activities performed within the framework of GYMSY functionality, the purpose of which is to enable the specialist to offer Specialist Services and the customer to purchase Specialist Services offered by specialists.
Specialist service - offers of specialists offered in GYMSY MOBILE for the provision of services offered by specialists, i.e. purchase of appointments (online/stationary at the specialist's facility) and possibly including training plans for the client as required). Specialist services are offered as part of GYMSY MOBILE functionality, which services can be purchased by the customer by placing an Order and paying the price using GYMSY MOBILE;
Customer (in some cases also "wards") - natural persons who are at least 18 years of age and have full legal capacity, in accordance with the provisions of generally applicable law and subject to the rules provided for them. If national laws provide for the attainment of full or limited legal capacity at a different age, national laws shall apply in this regard;
Order - a customer's statement submitted by means of GYMSY MOBILE concerning acceptance of the Specialist Service Offer made available by specialists within GYMSY MOBILE;
Order Confirmation - information sent to the email address registered with GYMSY MOBILE to the customer indicating the details and parameters of the Specialist Service ordered by the customer.

§ 2
GENERAL PROVISIONS

The Regulations set out the rules for the provision of services through the GYMSY MOBILE application, which consist of:

On creating a customer account and enabling the use of certain functionalities of GYMSY MOBILE;
On creating a specialist account and enabling the use of certain functionalities of GYMSY MOBILE;
on enabling specialists to purchase Subscriptions and gain access to submit Bids for Specialist Services;
on enabling the customer to take factual action to accept the Offer and conclude contracts with specialists for Specialist Services by placing an Order,
Use of the other functionalities of GYMSY MOBILE.

GYMSY MOBILE places offers from specialists for Specialist Services offered by specialists. GYMSY MOBILE allows the customer to purchase these Specialist Services.
Specialist Offers placed in GYMSY MOBILE do not constitute an offer by MC to provide the services indicated therein within the meaning of the Civil Code (except when expressly indicated as an MC service). MC does not provide Specialist Services unless it is explicitly stated in the Offer, by indicating that a given Offer is made by MC
MC does not have the ability to verify the presented offers of specialists. If the client has any doubts about the Specialist's Offer, the client should immediately contact MC
In case of any doubt about a posted Specialist Offer, the customer should refrain from purchasing a particular Specialist Service. the customer should immediately report comments to MC. MC recommends that only Specialist Services be purchased from qualified specialists.
MC does not have any influence on setting or controlling the prices of the Specialist Services presented in GYMSY MOBILE. The above does not apply to possible restrictions on minimum/maximum pricing by payment system operators. In situations where payment system operators impose relevant restrictions on the minimum/maximum price, the Specialist is obliged to comply with such restrictions.
ATTENTION!!! MC informs that each agreement concerning the Specialist Service offered by a specialist selected by the customer is concluded by the customer with that specialist. MC's action comes down to sending via GYMSY MOBILE to the specialist in question a statement of the customer's desire to use the Specialist Services. MC is never a party to such a contract.
All contracts concluded with specialists offering Specialist Services based on GYMSY MOBILE shall be concluded and executed on the basis of the specific terms and conditions of the respective Offering based on the functionality of GYMSY MOBILE.
GYMSY MOBILE each time provides the customer with the details of the specialist and the detailed terms and conditions of the purchased Specialist Service. The terms and conditions of the Specialist Service shall be communicated to the customer during the purchase of the respective Specialist Service and shall each time be available in the GYMSY customer panel.
In consideration of enabling the sale of Specialist Services under GYMSY MOBILE, the Specialist shall be obliged to pay to MC the Fee for the given redemption period of access to GYMSY MOBILE (Subscription).
Use of GYMSY MOBILE by the customer/specialist requires that the customer/specialist first accept the terms and conditions of these Terms and Conditions and commit to abide by them. Acceptance takes place when the Application is launched.
Any change to the Terms of Use of GYMSY MOBILE will be made under the terms and conditions indicated herein.
By accepting the Terms and Conditions, the customer/specialist of GYMSY MOBILE enters into an agreement with MC̨ for the provision of services electronically (using GYMSY) for an indefinite period of time and to the extent under the terms and conditions set forth in the Terms and Conditions, and agrees to store the following data on his device:

information regarding acceptance of the Terms and Conditions and consents to the processing of personal data for the performance of services by GYMSY;
customer data, among others (name and surname, e-mail address, date of birth, individual data provided by the customer, data on health status - with prior additional consent to process such data);
Specialist data, among others (name, e-mail address, date of birth, address of professional activity).

Failure to accept the Terms and Conditions will result in inability to use GYMSY MOBILE to its full extent.

§ 3. INSTALLATION OF GYMSY MOBILE

GYMSY MOBILE is available for download through the online Google Play store (for Android́ devices) and the App Store (for Applé devices running IOS).
The use of GYMSY MOBILE is possible on devices supporting operating systems version not lower than Android 5.0 and later and iOS version 12.4 and later. For correct and fully functional operation of GYMSY MOBILE, a stable Internet connection is required.
In order to install the Application, you need to download it from one of the above-mentioned online stores (in Google Play, or the App Store).
The use of the Application is free of charge. the customer/specialist may incur the cost of connecting GYMSY MOBILE to the Internet in accordance with the tariff of his/her mobile operator.
For professionals, the prerequisite for setting up GYMSY MOBILE and using the full functionality is to have an active cell phone with an active phone number.
MC reserves the right to introduce updates to GYMSY MOBILE. The latest version of GYMSY MOBILE will be posted on the online application store specific to the operating system of the Mobile Device. The full functionality of GYMSY MOBILE will be available in the latest version of GYMSY MOBILE and in view of the above, the customer/specialist acknowledge that the lack of an up-to-date version of GYMSY MOBILE may not give full functionality and guarantee all features that GYMSY MOBILE provides.
By downloading GYMSY MOBILE, you agree to download and install available software updates.
NOTE: MC reserves the possibility of introducing in the future the possibility of logging into GYMSY MOBILE on desktop devices (computers). This functionality will be possible by going to the website at: gymsy.pl and logging in to the previously created Specialist Account. The functionality of GYMSY MOBILE will be assumed to be the same in terms of the application for mobile devices and the desktop version. The condition for gaining access to the desktop version will be account registration through the mobile version of GYMSY MOBILE.

§ 4. REGISTRATION AND LOGIN

For full functionality of GYMSY MOBILE including offering Specialist Services as a specialist or purchasing Specialist Services as a customer, full registration in GYMSY MOBILE is required. In the case of a Specialist, the prerequisite to start posting Offers is the purchase of a Subscription to GYMSY MOBILE and the verification of the account through a cell phone number (verification through a code sent to an SMS number). Subscription purchase is done through Google Play (Google Pay) and App Store (Apple Pay). Payments are made under the terms and conditions of these operators.
Registration in the GYMSY MOBILE application allows you to create a customer/specialist account, which is a condition for using the full functionality of the services offered by the GYMSY application. The functionality of GYMSY MOBILE prevents the creation of a customer account and a specialist account with the same email address.
Registration in the GYMSY MOBILE application means the conclusion of the Customer/Specialist Account Service Agreement.
The registration process takes place in two stages. The extent of the data indicated depends on whether the registration is for a client or a specialist.
In the first stage of registration, the customer/specialist is asked to provide:

email address;
password;
Acceptance of the Terms and Conditions and privacy policy;
consent to the processing of personal data.

and then after providing the above-mentioned data, the customer/specialist is required to click on the "Register" button. After correctly providing the above-mentioned data, an activation link is sent to the email address provided by the client/specialist. After activating the link, the client/specialist is required to complete additional data, the scope of which depends on the type of client/specialist account. (NOTE: If the client/specialist fails to complete the data in the second step of registration within 30 days from the date of registration in the first step, the client/specialist's data is deleted from the GYMSY MOBILE system).

When registering a customer account, the customer should provide in the second step:

name
gender;
date of birth;
application language,
account type,
consent to the processing of personal data (including health data).

When registering a specialist account , the specialist should verify the Specialist Account by verifying the specialist's cell phone number - entering the code sent in the SMS message to the specialist's cell phone number. NOTE !!! The phone number sent by the specialist is only for verification of the Specialist Account. This number will not be used for any other purpose than for verification of the Specialist's Account. The specialist should also:

choose a specialization from among those available
purchase a Subscription to GYMSY MOBILE (this requirement applies if the specialist is interested in gaining full accessibility to GYMSY MOBILE and obtaining the option to Offer Specialist Services).

The process of verifying a specialist via SMS code is as follows:

The specialist, after completing the first and second steps of registration and clicking on the activation link, is required to complete the profile and complete the point on the specialist's phone number;
an SMS code is sent to the phone number provided by the specialist, which the specialist is obliged to enter in the appropriate GYMSY MOBILE window;
After positive verification of the phone number, the given phone number is assigned to the given specialist's account (a specialist may have only one phone number assigned), and the specialist may use the full functionality of GYMSY MOBILE (if he/she has also fulfilled the other conditions required for this described in § 4. section 7).

NOTE !!! Changing the phone number made after its verification in GYMSY MOBILE is possible only by contacting the "Help Center" of GYMSY MOBILE.

ATTENTION !!! in order for the Specialist to obtain full functionality including offering the Specialist Services, the Specialist is required to purchase a GYMSY MOBILE Subscription and complete the necessary data indicated in paragraph 7 above.
In addition, a prerequisite for the specialist to obtain full functionality of GYMSY MOBILE is sms verification via cell phone.
NOTE!!! In order to be able to receive online payments for Services, the specialist/client is required to configure the Stripe account (payment provider).
Specialists, by creating an account, declare that they have the professional authorization to practice the profession of personal trainer or any other specialization available for selection in the specialist profile menu in the application, in accordance with the provisions of generally applicable law and subject to the rules provided for them, which after prior registration in GYMSY MOBILE and (if necessary) send to MC the relevant documents confirming professional authorization.
In the case of specialists who have obtained professional authorizations to provide Specialist Services in a country other than Poland, the specialist each time at the stage of registration is required to provide scans of documents confirming the acquisition of such relevant authorizations according to the law applicable to the place of their acquisition.
MC is entitled to refuse to create a specialist account and refuse to provide full functionality of GYMSY in any case of inability to confirm a specialist's phone number.
By registering with GYMSY MOBILE, the customer/specialist, under pain of criminal liability, declares the veracity of the data provided and documents sent.
The Customer/Specialist Account Service Agreement for the establishment and use of a Customer/Specialist Account is concluded at the time of activation of the Customer/Specialist Account, which occurs after clicking on the activation link contained in the e-mail confirming the registration of the Customer/Specialist Account. The Customer/Specialist Account service is provided free of charge for an indefinite period of time.
The customer/specialist may terminate the Customer/Specialist Account Service Agreement at any time, without giving any reason and without incurring any costs, by sending MC via e-mail to: kontakt@gymsy.pl a request to delete the Customer/Specialist Account. the customer has the option to delete the account by sending a relevant instruction via the contact form.
In the case of a specialist who has previously registered, entered Offers for its Services and sold the Specialist Service, the termination of the Specialist Account Services Agreement may take place no earlier than after all the Specialist Services purchased by customers have been completed/performed.
The information provided in the registration form should be truthful and up-to-date.
Logging into GYMSY MOBILE is done:

in the classic way, i.e. directly from the GYMSY MOBILE application by entering a login and password,
Using Google and (possibly) Facebook accounts, and
using your Apple account.

GYMSY MOBILE provides the functionality of logging in to GYMSY MOBILE via automated solutions, the customer's/specialist's mobile device after enabling this function (biometric data resides on the device and is not shared with GYMSY MOBILE). The use of automated solutions, in particular login prompt software, is at the risk of the customer/specialist using such software.
GYMSY MOBILE allows you to restore and change your password via an activation link sent to your registered email address. The procedure for changing the password each time is indicated in the sent link to change the password.
Registration is done once.
MC reserves the right to delete the client/specialist account from GYMSY MOBILE, in case of lack of any activity of the client/specialist within 12 months from the date of registration.
Complaints regarding the provision of customer/specialist account services may be filed in accordance with the provisions of the Regulations.
In particular, the client/specialist is obliged to:

keep the login and password to his/her client/specialist account confidential within the limits of generally applicable laws. The customer is responsible for all activities related to the use of the login and password to the respective Customer Account, with the password being confidential information for the exclusive information of the Customer;
Use of GYMSY MOBILE in a manner that does not interfere with the operation of GYMSY, in particular through the use of certain software or devices;
use of the Customer's Account in a manner consistent with the provisions of the laws in force on the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as with the customs accepted in this regard;
Use GYMSY MOBILE in a manner that does not inconvenience other customers/specialists, respecting their personal rights (including the right to privacy) and other rights to which they are entitled;
use any content posted on GYMSY MOBILE only for your own personal use.
indicating a phone number that is real and belongs to the specialist at the account verification stage (regarding the specialist).

If the client/specialist violates the provisions referred to in paragraph 24 above, MC may terminate the GYMSY MOBILE Service Agreement with 14 days' notice. MC may provide the customer/specialist with a notice of termination of the GYMSY MOBILE Service Agreement via e-mail to the e-mail address currently registered with GYMSY MOBILE.
There is a prohibition on the divestiture of rights to a Customer/Specialist Account. Disposal of the right to the Customer Account of GYMSY MOBILE requires MC approval.

§ 5

FUNCTIONALITIES OF GYMSY MOBILE

ATTENTION ! SPECIALISTS IN THE FUTURE MAY HAVE ADDITIONAL ACCESS TO GYMSY MOBILE IN THE DESKTOP VERSION. FUNCTIONALITIES OF THE MOBILE APPLICATION WILL BE ANALOGOUS TO THE DESKTOP VERSION

The functionality of GYMSY MOBILE depends on whether you register as a customer or as a specialist. When registering as a customer, GYMSY MOBILE offers different functionality than is the case with a specialist. The above is due to the nature of the activities performed as a specialist and as a customer.

GYMSY MOBILE functionalities for professionals (free version)

After registering (while not paying for the Subscription) with GYMSY MOBILE as a specialist, the specialist gains access to the following GYMSY MOBILE functionalities:

Access to the profile configurator (including setting billing, Subscriptions, verification, etc.).
access to a library of workouts and exercises with the ability to create workouts based on exercises from the app's database or its own exercises, and can modify workouts from the app's database;
access to preview details of created and commissioned trainings (along with preview of information about training problems reported by clients);
Access to the visit and availability calendar, with visit history and details of each visit (including information from surveys completed by customers);
Access to sales history (and earnings statistics);
Access to the customer list with message exchange (with customers) and notifications;
access to profiles and detailed statistics of their clients' workout performance;
access to a help center with the possibility to contact system administrators via a contact form;
Access to the ratings received from customers;
Fraud reporting screens (e.g., on a customer profile, when a rating is given);
Access to the Privacy Policy and Terms and Conditions of GYMSY MOBILE;
Access to an online appointment screen;
access to GYMSY MOBILE settings;

GYMSY MOBILE functionalities for professionals (version PAID IN SUBSCRIPTION MODEL).

IN CASE OF PURCHASE OF PAID ACCESS TO GYMSY MOBILE (GYMSY MOBILE SUBSCRIPTION), IN ADDITION TO THE FUNCTIONALITIES INDICATED ABOVE IN ITEM. 3 a-b, the specialist additionally has access to: to the sale of Specialist Services including the ability to make online/offline appointments with clients, i.e. at the specialist's facility, and the ability to use the GYMSY MOBILE Invitation feature. In addition, the specialist gets the option to set the hours of availability of his/her services in the public search engine of GYMSY specialists, which enables customers to purchase services.

NOTE !!! To waive any doubts only and only the purchase of the Subscription by the specialist gives the opportunity to sell the Specialist Services.

Features for customers

After registering with GYMSY MOBILE as a customer, the customer gains access to the full functionality of GYMSY MOBILE, which includes access to:

Access to the Profile configurator, which allows you to set basic account information (first name, last name, date of birth), enter weight and height, select languages in which the customer communicates, add a profile photo;
access to publicly available materials or made available on other terms, such as purchase;
Access to the training library, where the following are made available:

exercises ordered by a specialist;
free publicly available footage;

access to the client's visual achievements in terms of the progress of mandated exercises;
access to a calendar, where scheduled visits to specialists and exercises recommended by the specialist are indicated;
access to purchase history;
access to the list of specialists the client uses (news history with specialists);
Access to profiles of specialists registered in GYMSY MOBILE (with access to their information);
Access to the ability to give ratings to specialists (applies only to those whose services the client has used);
access to statistics on the performance of exercises ordered by specialists (and details of exercises assigned to the client);
Access to the contact form with the administrator of GYMSY MOBILE;
Access to the current privacy policy and Terms and Conditions of GYMSY MOBILE;
GYMSY MOBILE settings.

GYMSY MOBILE interface supports 2 languages: Polish, English. The offered language support options are dynamic which means that the customer/specialist can change the language of the GYMSY MOBILE interface at any time and choose another language from the available ones.
Access to GYMSY MOBILE may be blocked in case of violation of the provisions of these Regulations and the law and, in particular, but in cases where the customer/specialist:

Determination of the untruthfulness of the data provided by the specialist;
Posts Content that is inconsistent with the content of the Terms and Conditions, legal regulations or good morals;
providing incomplete or false contact information by the customer/specialist in the GYMSY MOBILE account settings;
Customer/specialist's disposal of rights to GYMSY MOBILE without MC's consent,
sharing of GYMSY MOBILE with others by the client/specialist;
violation by the specialist of the rules regarding the issuance of Offers;
violations by the client/specialist of the rules on grading;
registration of multiple accounts on GYMSY MOBILE;
use of a telephone number that does not belong to the specialist at the stage of verification of the Specialist Account;
Sending spam-like messages to other customers/specialists;
making purchases for purposes other than finalizing the concluded Agreement,
sharing personal data of other clients/specialists without the consent of authorized persons;
uses GYMSY MOBILE and the Content posted on GYMSY MOBILE for purposes that are inconsistent with their intended use or to the detriment of third parties;
impedes other customers/professionals' use of GYMSY MOBILE, including by interfering with individual elements of GYMSY MOBILE or the IT environment in which the Content resides;
Takes steps to read the passwords to the accounts of other customers/specialists, including attempts to unauthorized guessing of such passwords;
posts Content (scripts, programs or files) that may interfere with the operation of GYMSY MOBILE or the IT environment in which the Content is located;
uses solutions (including devices or software) that enable the use of VOD Services in an unauthorized manner (in particular - not under the concluded Agreement);
commits a violation of the Rules - after the MC has addressed a summons to him in this regard and the expiration of the prescribed period for the cessation of the violations committed has been ineffective.

7. a customer's/specialist's access to GYMSY MOBILE results in suspension of access to GYMSY MOBILE and is grounds for termination of the GYMSY MOBILE Access Agreement with immediate effect.

MC will notify the customer/specialist via e-mail about the blocking of access to GYMSY MOBILE, indicating the reasons for the blocking. the customer/specialist may appeal this decision of MC in accordance with the provision of the Regulations on complaints § 16-17.
The customer/specialist is fully responsible for his/her actions and omissions related to the use of GYMSY MOBILE, in particular, he/she may be liable for damages to MC and other customers/specialists.
If full access to GYMSY MOBILE is blocked, the client/specialist is logged out of GYMSY MOBILE without the possibility of logging back into GYMSY MOBILE without MC's consent In case of partial blocking of access to GYMSY MOBILE, the client/specialist retains access to some of the unblocked functionalities of GYMSY MOBILE. The specialist's offers issued under the suspended specialist's account shall be suspended and shall not be displayed in GYMSY MOBILE until the complaint procedure in this regard is resolved.
A customer/specialist whose access to GYMSY MOBILE has been blocked cannot make a new registration in GYMSY MOBILE without prior approval of MC.
Provisions 6-11 above shall apply mutatis mutandis in the case of paid access to GYMSY MOBILE by a specialist (Subscription).
MC is authorized to conduct tests of new services and new functionalities of GYMSY MOBILE. Such work may affect the use of GYMSY MOBILE, including the way the Offers are displayed. Tests may be conducted only for the time and to the extent necessary and proportionate to achieve the purpose of the test. Tests are conducted solely for the purpose of developing GYMSY MOBILE, adapting to market changes, adjusting to changes in legislation or improving the services provided, and to improve the quality and functionality of GYMSY MOBILE. Notwithstanding para. 13 above, registration with GYMSY MOBILE and acceptance of the provisions of the Terms and Conditions entitles GYMSY MOBILE to send to the specialist/customer at the registered email address information about the functionalities (instructions for use) of GYMSY MOBILE and information (instructions for use) about new functionalities in case they are introduced. In case the specialist/customer is not interested in this functionality, he/she should report the relevant request to GYMSY MOBILE.

§6

specialists' OFFERS

NOTE: In order to use the full functionality of GYMSY MOBILE, i.e. the ability to offer Specialist Services, it is necessary to purchase access to GYMSY MOBILE by a specialist.

GYMSY MOBILE includes a dedicated form for creating and posting Specialist Offers from among those offered within GYMSY MOBILE. It is not possible to post Specialist Offers without being able to use the dedicated GYMSY MOBILE form.
The specialist prepares the Offer based on the dedicated GYMSY MOBILE form by selecting:

Specialist service from the list of available services in the application;
The expected duration of the Specialist Service (when signing up for an appointment, it is displayed and taken into account by the customer);
price Specialist services;
Type of Service Specialist (onsite/online);
set your hours of availability of Specialist Services in the GYMSY MOBILE calendar with a breakdown of which mode offers services at selected times (stationary, online or stationary and online simultaneously).

NOTE!!! Customers through GYMSY MOBILE can sign up for publicly visible specialists (with a Subscription purchased), for selected Specialist Services offered by selected specialists. Depending on the type of service selected, it can be an online visit (which is made via video chat in the application) or an in-person visit (which takes place at the indicated address, which is given in the specialist's profile). The consequence of the visit may be the creation of individual training by the specialist and assignment to the client, but this is not a requirement (as the client may not require a training specialty or the specialist prefers to use other methods or have the training done in a different way without using the functionality of GYMSY MOBILE).

NOTE!!! The information contained in the content of the Offer may only relate to the Specialist Services offered by the Specialist.

From the moment of entering the Offerings (in particular, information, data, footage) into GYMSY MOBILE, the MC acquires the right to use this Content, in the manner and under the conditions specified in the copyright section of § 9 of the Regulations, in particular, to use it in any way, at any time, at his discretion.
The specialist authorizes the MC to:

use of the Offer in the manner indicated in the Regulations (copyright section);
to translate the Offer and its elements (including through automatic text translation software) into other languages, as well as to display it in other languages.

The content of the Offer should be accurate and complete and must not mislead other customers, especially about the details of the Specialist Service.
The description of the Offer may not contain any content that is inconsistent with applicable laws.
The Specialist is fully responsible for the content placed by him in the Offer, including being responsible for any errors or inaccuracies in it.
NOTE !!! The specialist is fully responsible for any consequences of improper recommendations, exercises recommended to the client under GYMSY MOBILE. The client is responsible for the consequences of withheld information regarding his/her health condition.
With the entry of the Offer into GYMSY MOBILE, the specialist declares that he is authorized and has the ability to conclude and execute a contract with the customer.
Once the Offer is entered into GYMSY MOBILE, the specialist may not effectively change its content with respect to customers with whom he has concluded an agreement for the offered Specialist Services under the already purchased Offer.
If the Specialist's Offer violates the provisions of the Regulations or the provisions of generally applicable law, the MC may:

terminate prematurely the issued Offer or delete the Offer - with the proviso that the contracts previously concluded under it between the client and the specialist remain valid,
refuse to publish the Offer.

11. NOTE. specialist is obliged to create Offers for Specialist Services, only within the scope of his specialties, competence, education and experience. The Specialist shall bear full responsibility for the consequences of the completed Services of the Specialist.

12 WARNING: there is a complete ban on the publication of Content for which the specialist does not have the relevant copyright and image rights of the persons captured on the materials. The specialist shall bear full legal responsibility for the consequences of unauthorized posting of videos violating the rights of third parties. In any case of posting material that violates the rights of third parties or violates the provisions of generally applicable law, the matter will be reported to the competent authorities to take appropriate proceedings including those resulting in criminal liability.

13. GYMSY MOBILE for professionals who have purchased Subscriptions allows the use of videos posted and marked as GYMSY MOBILE materials for the creation of Content by professionals with the sole purpose of creating an Offer within GYMSY MOBILE. There is a complete prohibition on the use of materials marked as GYMSY MOBILE materials outside of the GYMSY MOBILE application (GYMSY MOBILE's consent is given under the conditions indicated in § 9 of the Terms and Conditions).

§ 7

OFFER SEARCH

GYMSY MOBILE functionality allows you to search for Specialist Offers from among those offered by specialists.
GYMSY MOBILE does not offer Sponsored Offers.
Searching for Specialist Offers and placing an Order by the customer for the selected Specialist Offer will be done based on the following parameters:

choice of date with the assumption of choosing as soon as possible or on your own date and time),
Type of visit (in-person, online),
determining the location,
choosing the right language,
type of service,
Specialist selection (the customer can filter the list of specialists by the previously mentioned parameters) and
selecting an appointment from the pool available with the selected specialist.

After determining the required parameters of the details of interest to the customer of the Specialist Service indicated above in paragraph 3, that is, the customer can proceed to the completion of the pre-visit questionnaire (with the possibility of providing the specialist with information to better understand the customer's requirements before the visit).
The Customer has the option to make payment for the Specialist Service in the manner each time specified by the specialist, i.e. by payment ONLINE, or payment on the spot of the visit. The Client acknowledges that the purchase of the service by clicking the CONFIRM AND PAY ONLINE or CONFIRM AND PAY ON SITE button implies the obligation to pay for the Specialist Service in the manner specified by the Client.
The Customer purchases the Specialist Service by clicking the CONFIRM AND PAY ONLINE or CONFIRM AND PAY ON SITE button (depending on the type of visit and the payment options set as accepted by the Specialist). As soon as the button CONFIRM AND PAY ONLINE or CONFIRM AND PAY ON SITE is clicked and this Order is paid (in case the payment is ONLINE), the contract for the Specialist Services between the customer and the specialist is concluded.
In the case of offers from specialists with the same parameters, the order of display is determined by the date of joining GYMSY MOBILE.

§ 8

CONCLUSION OF A CONTRACT BETWEEN THE SPECIALIST AND MC,

CONCLUSION OF CONTRACT (BETWEEN CUSTOMER AND SPECIALIST), PURCHASE OF SERVICES Specialist.

NOTE ! THE GYMSY MOBILE FUNCTIONALITY ALLOWS FREE USE OF GYMSY MOBILE BY CUSTOMERS (FREE USE MEANS THAT MC DOES NOT CHARGE CUSTOMERS FOR THE USE OF GYMSY MOBILE).

ACCESS TO GYMSY MOBILE FUNCTIONALITY FOR SPECIALISTS I.E. Enabling the offering of Specialist Services REQUIRES the purchase of paid access to GYMSY MOBILE BY SPECIALISTS.

CONCLUSION OF A PAID CONTRACT BETWEEN THE SPECIALIST AND MC FOR ACCESS TO GYMSY MOBILE (SUBSCRIPTION)

As part of GYMSY MOBILE, the specialist retains the right to purchase a GYMSY MOBILE Subscription enabling the unlocking of the full functionality of GYMSY MOBILE including the option to sell Specialist Services. Once the Specialist has purchased the Subscription, he/she WILL be publicly displayed in the list of specialists available in GYMSY MOBILE and Customers will be given the option to purchase Specialist Services from the Specialist.
Agreements for Subscriptions for periods of 1 month are renewable, each time concluded for an indefinite period with the possibility of termination by the specialist at any time effective at the end of the current billing period. The billing period is the period of the selected Subscription i.e. one month calculated as 30 consecutive calendar days - in the case of Subscriptions for a period of 1 month.
In order to use the Subscription, the specialist should select the type of Subscription (1 month) and place the corresponding Order at GYMSY MOBILE.
Payment for Subscriptions is made in advance through the payment systems available at GYMSY MOBILE, which means that the specialist makes payment for the Subscription before using the purchased Subscription.
The provision of the Subscription lasts from the conclusion of the Agreement until its termination as a result:

cancellation of the Subscription by the specialist (resulting in termination of the Agreement) no later than 24 hours before the beginning of the next billing period, resulting in immediate termination of the Agreement;
cancellation of Subscription by MC due to violation of these Regulations
non-payment of Subscriptions by the specialist;
Violation of the Regulations.

The Specialist has the option each time to cancel a given Subscription purchased from GYMSY MOBILE by clicking the "Cancel Subscription" button in the settings of his/her Apple or Google account, respectively, depending on which platform the Subscription was purchased through. If you use the option to cancel your Subscription, your access to the Subscribed Specialist Services will expire on the last day of the Subscription period for which the Subscription was purchased. Upon expiration of the Subscription, the functionality of GYMSY MOBILE is limited to the functionality indicated in § 5.3.a-b of the Terms and Conditions.
MC is authorized to introduce additional fee-based services to those offered in the Subscription model.
As part of promotional activities, GYMSY MOBILE is authorized to provide professionals with free access to the full version of GYMSY MOBILE, each time for the period indicated in the promotion.
NOTE!!! In order to conclude a contract for the acquisition of Specialist Services by the customer and thus the possibility of acquiring Specialist Services by the customer, it is necessary to configure a Stripe account (payment operator) by the specialist, only if you wish to accept ONLINE payments for visits. The payment methods offered in GYMSY MOBILE take place each time under the terms and conditions of the respective payment operator. The specialist is obliged to familiarize himself with the terms and conditions of this operator and make an acknowledgment of familiarization with these terms and conditions in GYMSY MOBILE. In the case of providing stationary services with on-site payment, the specialist is not required to hook up the Stripe account to his/her account in the GYMSY MOBILE application. A hooked up Stripe account is only required if the specialist intends to accept ONLINE payments prior to the visit via the app.

CONCLUSION OF A CONTRACT BETWEEN THE SPECIALIST AND THE CLIENT

NOTE: MC is not a party to the contract concluded between the client and the specialist and does not guarantee that the specialist and the client are entitled to conclude and perform the contract. Conclusion of a contract by a specialist with a client whose registered office or usual place of residence is not in Poland may result in the application of applicable foreign law to the conclusion of the contract.
The Customer, selecting the Specialist Service offered by the specialist, enters into an agreement with the specialist, confirming the purchase of the selected Specialist Service by using the "Pay with indication of the amount of the Specialist Service" button, e.g. "Pay X PLN". By clicking the Pay button, the customer confirms his/her willingness to purchase the Specialist Service for the amount indicated at the Ordering stage.
Confirmation of the conclusion of the contract between the specialist and the client is sent automatically via email and is for information purposes only. In case the location of the specialist/client marked in the settings of GYMSY MOBILE as being outside the European Economic Area the aforementioned data will be sent outside the European Economic Area.
Failure of the customer to successfully pay for the purchased Specialist Service through the Stripe system results in automatic cancellation of the purchased service by the customer, only in the case of choosing ONLINE payment prior to the visit through the application. In the case of providing in-person services with on-site payment, the lack of a configured Stripe account does not affect the availability of the purchased service.
NOTE Remember. The Customer, by selecting and purchasing the selected Specialist Service, enters into an Agreement with the specialist indicated in the given Offer. The parties are mutually obliged to execute the concluded agreement under the terms and conditions indicated in the concluded Agreement. MC is not a party to the concluded agreement for the purchase of the Specialist Service.
The payment methods offered at GYMSY MOBILE take place each time under the terms and conditions of the respective payment operator. It is the customer's responsibility to familiarize himself/herself with the terms and conditions of this operator and to make a confirmation of familiarization with these terms and conditions at GYMSY MOBILE.

§ 9

CHANGE OF DATE, CANCELLATION OF PURCHASED SERVICES Specialist.

Rules for cancellation of Specialist Services

1 Under GYMSY MOBILE, there is an authorization to cancel an appointment by both the client and the specialist.

(2) If the specialist makes a cancellation of an appointment, the specialist shall refund 100% of the payment to the client's account.

(3) The customer has the option to make a cancellation of a visit under the purchased Specialist Service up to 24 hours before the visit of the Specialist Service. In this case, the customer will receive a refund of the fee for the Specialist Service, equal to 95% of the total amount paid. The remaining 5% will be for costs related to the payment operator's commission.

(4) In the event that there are less than 24 hours left for the appointment covered by the Specialist Service, the client has the option to ask the specialist to cancel the Specialist Service, with the decision as to the refund of the fee paid being at the discretion of the specialist in such a case. In the Case indicated above, the specialist is obliged to make a refund himself in any amount, keep the money or offer a new date for the Specialist Service.

Rules for rescheduling appointments Specialist services

(5) Under GYMSY MOBILE, the customer retains the right to reschedule the Specialist Service up to 24 hours before the appointment. In order to be able to reschedule, all of the following conditions must be met: the specialist must have available the same service with the same parameters as the currently scheduled service, the specialist must have available the corresponding availability date declared in the application allowing the service to be completed, the specialist does not have the functionality of accepting rescheduling disabled. If a change is made to the Specialist's Service, the appointment fee is automatically credited to the new Specialist's Service appointment (there is no obligation for the customer to refund and pay the fee again).

(6) Under GYMSY MOBILE, the specialist is entitled to reschedule the appointment of the Specialist Service. In this case, the client is entitled to a refund of the entire fee paid for the Specialist Service or agree to schedule a new date for the Specialist Service.

Rules for dealing with delayed visits Specialist services

(7) In the event of a delay in the visit of the Services of the specialist for reasons attributable to the specialist, the customer may claim a refund of 100% of the paid fee for the visit in case the visit is delayed by more than 1 hour due to the absence of the doctor.

(8) In the case of a delay of less than 60 minutes in the appointment of the Specialist Service, the appointment shall be held on standard terms, without reimbursement.

(9) In the event of a delay by the client for a visit of the Service specialist is obliged to wait for the client up to 10 minutes. In such case, i.e. a delay in the visit up to 10 minutes, the visit covered by the Specialist Service shall take place without changes.

10.In the event that the client's delay for the implementation of the Specialist's Services is more than 10 minutes, the decision as to whether or not to make this visit rests solely with the Specialist. The specialist, at his/her discretion, may continue to wait for the client or decide to terminate the visit due to the client's absence with the right to remuneration.

Rules of action in case of failure to conduct a visit

11. in case of:

a) failure to make a Specialist Service visit due to technical problems on the part of GYMSY MOBILE, MC will compensate the customer for the costs incurred or provide another Specialist Service;

b) failure to visit the Specialist Service for reasons attributable to the client, the refund of funds paid by the client is at the discretion of the specialist;

(c) failure to visit the Specialist Service, for reasons attributable to the specialist, the specialist is obliged to reimburse 100% of the cost of the Specialist Service to the client or provide another visit after the client's consent.

Other provisions

(12) The above provisions apply to stationary visits, respectively.

(13) In any case of refusal to make payment for the Specialist Service held in stationary mode by the customer, GYMSY MOBILE is entitled to block (delete) the customer's account until payment is settled. Notwithstanding the above, the specialist is entitled to seek payment through the courts and appropriate compensation on general principles.

(14) In any case of refusal to reimburse the fee for a specialist Service not performed by a specialist, GYMSY MOBILE shall be entitled to block (delete) the account of the specialist, pending reimbursement of any arrears. Notwithstanding the above, the customer shall be entitled to seek payment through the courts and appropriate compensation on general terms.

§10
COPYRIGHT GYMSY MOBILE,

CONTENT PROVIDED BY GYMSY MOBILE

Content

GYMSY MOBILE provides functionalities enabling publication (making available) of Content, including but not limited to audiovisual materials, photographs, descriptions (experience, achievements, address, professional qualifications) and other Content entered by the client/specialist. The above means that some of the Content may have the value of a Work within the meaning of Polish copyright law, and thus be protected under the said law.
The Client/Specialist shall be responsible for the Content published, made available within GYMSY MOBILE.
By publishing (making available) the Content, the client/specialist declares compliance with a number of requirements and rigors indicated in these Regulations.
Publishing and sharing of certain Content may be combined with the need to use third-party providers (e.g., VIMEO, Facebook). In this case, the use of third-party providers involves accepting the terms of service of such providers
GYMSY MOBILE functionality provides the ability to publish/share information about the use of GYMSY MOBILE services on social media platforms (e.g. Facebook).

Statements.

MC declares that it has full rights to GYMSY MOBILE and is authorized to authorize the customer/specialist to use GYMSY MOBILE to the extent of these Terms and Conditions as well as that the rights granted do not violate the rights of third parties.
The content and integrity of GYMSY MOBILE is protected by law. The content of GYMSY MOBILE and all elements of GYMSY MOBILE are subject to protection provided by Polish and international law, including, in particular, provisions on copyright and related rights and on the fight against unfair competition. Any use of GYMSY MOBILE, in particular by copying in whole or in part, electronic transmission or otherwise modifying or using without prior written consent of MC is prohibited The above reservation does not apply to content placed by the client/specialist within GYMSY MOBILE.
Trade names, names, descriptions and trademarks published on GYMSY MOBILE are subject to legal protection. The customer/specialist is obliged to refrain from any actions that violate the intellectual property rights of the persons entitled to these names, descriptions and trademarks.
Unless otherwise noted, all copyrights to texts, images, photos and other materials contained in GYMSY MOBILE belong to MC (the above does not apply to Content entered by the client/specialist).
Actions of copying, modification and transmission (electronically or otherwise), as well as reproduction, use and distribution of the materials contained within GYMSY MOBILE are allowed only with the permission of the owner. Use of the information available in the GYMSY MOBILE application may be made only in a lawful manner. As a condition for obtaining permission to use materials whose copyrights belong to MC, it is necessary to cite them in unaltered form with a visible and clear designation: “Source: MC” or other equivalent. However, this requires MC's permission each time
The Client/Specialist acknowledges that any action involving an attempt to destabilize GYMSY MOBILE may be reported to the competent authorities.
The Client/Specialist is obliged to use the provided Content in a manner consistent with the law and good morals, bearing in mind respect for personal rights and copyrights and intellectual property and third parties. The Client/Specialist is obliged to enter data in accordance with the actual state of affairs. The Client/Specialist is prohibited from providing content of an unlawful nature.
The Client/Specialist each time entering Content into GYMSY MOBILE declares that:

Content and data are real;
The content will not have legal defects;
The content will not be pledged or otherwise encumbered;
The content does not violate the rights of third parties, including copyright and related rights, or personal rights, or intellectual property rights;
owns all intellectual property rights, in particular economic copyright to the Content to the extent necessary to place it on GYMSY MOBILE;
owns all personal rights of the persons depicted in the Content, and in particular the right to use the image of the persons captured in the Content;
The content will not contain uncensored or commonly considered to be uncensored content;
Content will not include nudity or adult content;
Content will not violate the law, morals;
The Content will not contain product placement and advertising materials of third parties (each time MC's consent to make such Content available is necessary);
Content will not contain logos or names of third parties

The customer/specialist warrants that due to the introduction of the Audiovisual Material in question within GYMSY MOBILE MC will not be obliged to pay remuneration to the creators and related rights entities payable to them, either directly or through the collective management organizations of copyright or related rights.
In the case of violation by the client/specialist of the statements indicated in this paragraph or their inconsistency with the actual legal or factual state, the client/specialist shall be solely and entirely liable to MC on this account and shall release MC from any liability that may arise in such a situation. In particular, in the event that any claims are made by third parties due to the placement of the Content in GYMSY MOBILE, including those contained in the Content (logos, graphics, photos (along with the images of the persons recorded on them), the client/specialist, agrees to take, at his/her own expense and risk, all legal steps to ensure due protection of MC, in particular, agrees to take the place of MC (or, in the absence of such an opportunity, to take its side) in any proceedings pending against MC, and also agrees to reimburse MC for any costs it may incur (will incur) or that MC will be required to pay to a third party in connection with a claim or lawsuit that this person will file in connection with the use of the Content within GYMSY MOBILE.
Whenever MC considers that the Content received clearly violates the law, violates the rules of these Terms and Conditions or violates the rights of third parties, MC is entitled to unilaterally remove this Content and suspend the Client/Specialist Account until the doubts about the Content are clarified or proper evidence is presented to recognize the compliance of the Content with these Terms and Conditions and the law.

Consent to use Content provided by the client/specialist:

Content made available through GYMSY MOBILE (e.g. photos or videos) may be protected by copyright. Unless otherwise regulated by other regulations and other legal actions, the customer/specialist retains copyrights or trademarks) on any Content that he/she creates or makes available through GYMSY MOBILE. Whenever the Content made available through GYMSY MOBILE has not been created independently by the client/specialist, it is necessary to obtain the relevant rights to the Content in question from its creator. By making a given Content (in particular, audiovisual material, photo) available, the client/specialist declares that he/she has obtained the relevant rights and that he/she has full rights to make them available within GYMSY MOBILE.
In the case of sharing, publishing or uploading copyrighted Content on GYMSY MOBILE, the customer/specialist grants MC a non-exclusive, transferable, including the right to sublicense, royalty-free and global license to use, exploit, distribute, modify, run, reproduce, publicly perform or display, translate and exercise derivative rights (in accordance with the GYMSY MOBILE settings selected by the customer). The consent referred to in the preceding sentence shall be in terms of the following:

fixation and reproduction by any technique, including by making a record and copies on any type of paper, electronic, magnetic or optical media;
dissemination through telecommunications networks (including the Internet and GSM networks) in any manner and using any technology, in particular through: distribution in such a way that anyone can access the Content at a time and place of their own choosing, and other means of exploitation in telecommunications networks regardless of the means of limiting access that can be used; public display and reproduction, including through mechanisms for automatic playback of the Content on websites;
public performance, exhibition, display, reproduction, and broadcasting and rebroadcasting;
lending and marketing.

The customer/specialist's consent also includes the creation of elaborations of the Content by MC and the use of such elaborations to the extent that MC is authorized to use the Content, and to grant further consents to the extent corresponding to the consent granted to MC.
The Client/Specialist agrees to the exercise of moral rights to the Content by MC and declares that he/she will not exercise these rights against MC and entities to which MC will give further permission to use the Content.
The Customer/Specialist warrants that he/she is authorized to make the above statements and consents covered by the Terms and Conditions and to enter the Content into GYMSY MOBILE, and that the Content and MC's use of the Content in accordance with the Terms and Conditions does not violate the rights of third parties.
The Client/Specialist shall indemnify MC and the entities to which MC grants further consents to use the Content from any and all liability arising from the use of the Content in accordance with the Regulations.
Whenever an image of the client/specialist or other persons has been recorded in the Content (especially audiovisual materials, photos) from the moment the client/specialist makes the given Content available through GYMSY MOBILE:

agrees to use and distribute his/her image captured in the given Content for the period of time the Content is made available on GYMSY MOBILE;
Agrees to the use of name, profile picture for the purpose of GYMSY MOBILE service;
Authorizes MC to grant, on its behalf, permission to use the image in the cases indicated in these Regulations through the functionality of GYMSY MOBILE;
consent for use of image is free of charge;
permission to use the image is granted for the period of posting the Content on GYMSY MOBILE;
declares that he/she has obtained the consent of third parties recorded in the Content to record and disseminate the image of these persons under the conditions specified in these Regulations.

Removal of Content

The client/specialist may at any time remove Content that he/she shares, publishes and uploads. The above stipulation, however, does not apply to Content provided by the specialist that has been purchased by the customer as part of the Specialist Services offered. The deletion of such Content may take place at the earliest after the expiration of the contract concluded with the customer who purchased the Specialist Service containing the Content in question (applies when, as a result of the purchase of the Specialist Service, the specialist makes the Content available to the customer).
Removal :

customer account results in the deletion of the Content placed on the customer's account;
Specialist's account (except as provided in paragraph 24 above) results in the deletion of Content posted on the Specialist's account.

Except for the case indicated in paragraph 25 above, the removal of Content is carried out by selecting the appropriate option within the GYMSY MOBILE functionality by the client or by submitting the appropriate MC instruction by a specialist. Notwithstanding the above, removal of Content may take place at the request of a third party, in the event that the Content in question is found to be in violation of the law or the Regulations.
In the event that it is not possible to remove the Content as a result of technical limitations of GYMSY MOBILE, the removal of the Content will take place as soon as the technical capabilities in this regard return..
If a third party reports that the Content in question violates the law or the Rules, publication of the Content in question will be withheld and secured in order to determine the basis for the reported irregularity. The purpose of securing the given Content is to:

Investigate and determine illegal activities or violations of the Regulations;
Protection of security and integrity, systems, services, other customers/specialists;
the need to ensure the fulfillment of the legal obligation to secure evidence to document the violation of the law, violation of the Rules of Procedure;
The need to ensure the execution of the request of state authorities (judicial, administrative, law enforcement agencies).

29. In the situation indicated in paragraph 28 above, the Content will be retained for no longer than necessary for the purposes for which it was retained, with the authorization to use the Content remaining in effect until the Content is completely deleted.

30. GYMSY MOBILE reserves the right to block, in whole or in part, the account of any customer/specialist in any case of unauthorized, false, obviously unsubstantiated reporting of violations of the law, the Regulations by the Content of other customers/specialists.

§ 11
PURCHASE (Specialist Services)

NOTE: Remember. the customer, when selecting and purchasing a Specialist Service, enters into an agreement with the specialist indicated in the respective Offer. The parties are mutually obliged to perform the concluded agreement under the terms and conditions indicated in the concluded Agreement. MC is not a party to the concluded agreement between the client and the specialist. MC is not responsible for the Content posted by the specialists and for the results of exercising according to the instructions of the specialists. Before purchasing the Specialist Service, read in detail the experience indicated by the specialist in question and the certificates, authorizations held by the specialist. If you have any doubts about a particular specialist (a particular Offering), you can contact the specialist or MC to obtain confirmation of information, dispel doubts about the person.

The purchase of Specialist Services is made independently by the customer through GYMSY MOBILE, in which the customer selects the parameters of a given Specialist Service that interest him/her (selection of an appointment with the assumption of choosing as soon as possible or on his/her own date and time with the possibility of choosing the date and time, type of appointment (stationary, online), specifying the location, selection of the appropriate language, type of service, selection of specialist and appointment from the pool available with the selected specialist.
In order to purchase a Specialist Service, the customer is required to provide in the GYMSY MOBILE purchase form, data individualizing the given Specialist Service and enter data enabling payment if such form is chosen by the customer.
After selecting the parameters of interest to the customer and unchecking the relevant necessary consents, the customer confirms the purchase by clicking the "Pay " button with the indicated amount of the Specialist Service.
Failure to provide any of the data indicated in paragraph 2 above makes it impossible to make a purchase and at the same time means that the customer cancels the purchase of the selected Specialist Services.
The customer is responsible for the accuracy and truthfulness of all data provided to GYMSY MOBILE.
The amount of the Price of the Specialist Service (including the Payment Operator's Commissions) is each time indicated in GYMSY MOBILE. Notwithstanding the above, the amount of prices for purchased services is indicated each time in the order confirmation sent to the email address. Making an incomplete payment for the Specialist Services shall be tantamount to non-payment and thus the absence of any obligation to perform the service covered by the incomplete payment.
GYMSY MOBILE shall confirm the completion of the purchased Specialist Service by sending to the customer's e-mail address a relevant confirmation containing details of the purchased Specialist Service.

§ 12
PAYMENTS

Payment for Specialist Services (for clients).

All amounts in which the prices of the Specialist Services in GYMSY MOBILE are expressed are given in one of four currencies (PLN,USD,GBP,EUR) and include all necessary public charges.
Purchase of the Specialist Service is made through the Stripe system (https://stripe.com). Payments are made under the terms and conditions of the Stripe system. The customer is obliged to read the terms and conditions of Stripe. MC is not a party to the contract between the client/specialist and Stripe. The agreement between the client/specialist and Stripe regulates the applicable rules between the client/specialist and Stripe for receiving payment for services purchased through GYMSY, including performing the necessary steps to verify identity and the terms and conditions for Stripe's disbursement of funds collected in this transaction service.
The transaction for the purchase of Specialist Services takes place directly between the customer and the specialist.
The customer makes payments by credit (payment) card at his/her own risk, in accordance with the terms and conditions for the use of the credit (payment) card established in the agreement with the issuer of the card. MC is not responsible for the way the customer uses the credit (payment) card. The customer is responsible for the reliability of the credit card information he/she provides to pay for services offered at GYMSY MOBILE. By using a credit card, the customer ensures that he/she is using a credit card of which he/she is the holder.
Making payment for the purchased service is done after redirecting to the Stripe service. The customer should follow the messages of this transaction service.
In order to make a correct payment by credit (payment) card, the customer should provide the data required by the payment system in question (for example, the name of the credit card holder).
Providing the data indicated in paragraph 6 above does not guarantee positive authorization of a credit (payment) card payment by the card issuer. MC shall not be liable in the event that a given customer's credit card transaction is rejected by the credit card issuer, of which Stripe shall immediately inform the customer.
MC is not a party to the agreement to make a payment transaction through Stripe. Payment through Stripe is made each time according to the rules indicated by this billing service.
Once the transaction has been carried out in accordance with the instructions of the transaction service, the customer will receive a notification as to whether the payment was successful. In the event that the customer does not receive such notification immediately after the transaction, there is a risk that the transaction made by the customer has not been completed, and therefore the customer is obliged to contact the Stripe transaction service and GYMSY MOBILE to clarify the situation.
The moment of payment (purchase of the Specialist Service) is the moment when you receive a message from Stripe that the payment has been credited to this service.
The remuneration paid by the customer for the purchased Service of the specialist goes to the account previously established by the specialist in the Stripe service. The remuneration due to the specialist is reduced by the Stripe transaction service commission (according to the Stripe tariff).

Payment for Subscriptions (for professionals).

12 The purchase of Subscriptions shall be made exclusively through the data operators of the Google Play and App Store systems.

13. the Subscription price is indicated each time in the Google Play and App stores.

14. Payment processing is carried out in each case on the basis of Google Play and App Store regulations.

15 The Stripe functionality allows a specialist to withdraw funds accumulated in the specialist's Stripe account to a bank account designated by the specialist. The terms and conditions of the Stripe functionality are defined by the Stripe Terms of Service (www.stripe.com). The specialist is obliged to familiarize himself with the terms and conditions of the Stripe service.

§ 13

FEES, COMMISSIONS

The MC explains that access to the GYMSY MOBILE application for customers is free of charge.
The MC clarifies that access to the GYMSY MOBILE application for professionals (with limited scope) is free of charge.
MC clarifies that access to the GYMSY MOBILE application for Specialists (full scope), i.e., consisting in enabling Specialists to offer Specialist Services and conclude contracts with customers, is subject to a fee. A Specialist interested in using GYMSY MOBILE, in order to offer Specialist Services, is required to purchase access to GYMSY MOBILE (Subscription).
The price of buying access for professionals to the full version of GYMSY MOBILE (Subscription) is indicated each time on Google Play and App Store.
Actions by the client and the specialist that have the purpose or effect of avoiding payment of the Fee due to MC are not permitted.
The commission is collected and charged by the payment operator - Stripe System. The rules of its collection, method of calculation and billing are specified in the regulations of Stripe. MC does not have any influence on the amount of the Commission and the rules of calculating the Commission.
The content of the current Stripe regulations is indicated on the Stripe system in real time.

§14

SPECIALISTS' ASSESSMENTS

The functionality of GYMSY MOBILE allows customers to evaluate a specialist and Specialist Services both in descriptive form (issuing a descriptive comment recommending or not recommending a particular Specialist and Specialist Service) and point evaluation (i.e., by awarding stars from 1 to 5 - where five stars means recommend - and one star means - do not recommend). This functionality is used to exchange subjective opinions about the purchased Specialist Service and the specialist's performance of the contract.
The functionality of GYMSY MOBILE allows you to give ratings (a one-time evaluation of the Specialist Service), both positive and negative. The issued ratings allow you to assess the quality of the Specialist Services. Issuing ratings is only possible as to Specialist Services purchased and not canceled before the start.
Only the parties to the previously concluded contract for the purchase of the Specialist Service (the client and the specialist) may make evaluations.
A specialist who has received an evaluation from a particular client may include his one-time response, which is a response to the evaluation received.
The customer and the specialist have the ability to edit and delete their ratings. Graphic sales evaluation allows customers (clients of a specialist) to rate on a scale of 1 to 5 (graphic stars) the course of the specialist's contract performance.
Evaluations are always made by a specific customer in relation to a specifically purchased Specialist Service. The customer is responsible for the content posted in evaluations and responses.
The content of the assessments and answers is public information, available to all who use GYMSY MOBILE.
Evaluations, comments and responses to them should be truthful, the course of cooperation and must not include:

false content;
content generally considered offensive and violating good morals (including (vulgarities, obscene, pornographic content or inciting hatred, racism, xenophobia),
Contact information or customer/specialist logins,
Web site addresses or content of an advertising nature.

MC does not interfere with the content of assessments and responses to assessments, but reserves the right to block the Content of an already issued assessment in justified cases, in particular:

when the given content violates the provisions of the Regulations
when the evaluation data were mistakenly issued to the wrong customer/specialist or to the wrong contract for the purchase of Specialist Services, if their content clearly indicates a mistake,
When the evaluation data clearly indicates a mistake about its type;
When the assessment data is illegible;
when the client/specialist directs a request for removal (procedure paragraph 10 below).

MC reserves the right to edit or delete opinions in cases where an opinion:

violates these Regulations;
constitutes another opinion referring to the same Specialist Service,
does not refer to the service purchased by the customer;
violates generally applicable laws (including but not limited to: violates patent rights, copyrights, business secrets or other intellectual property rights, or personal data protection law) good morals or harms religious feelings,
is illegible and unintelligible (especially when it contains characters that cause illegibility).

§ 15

DELETION OF ACCOUNT/DATA ENTERED INTO GYMSY MOBILE

1 The specialist and the customer have the right to request deletion of the GYMSY MOBILE account/deletion of certain data. This right and its scope depends on the type of account and the extent and duration of use of GYMSY MOBILE services. The conditions for deleting the account/data are indicated below.

(2) In order to request the deletion of an account, the customer/specialist should go to "help center" in the "profile" tab then open the contact form and select the category "Deletion of account/personal data". After selecting the appropriate option, the customer should write an appropriate request (e.g. "please delete my account and personal data from the GYMSY application"), accept the consents (regulations and PP) and submit the form. The answer as to the submitted request the client/specialist receives to the contact email specified in the form (if no email is indicated in the aforementioned form, the answer will be sent to the email address assigned to the account).

3. conditions for deleting the account/data:

a) If the client/specialist has scheduled Specialist Services then deletion will be possible only after all scheduled services have been performed (the end of the visit time of the day on which the last scheduled visit is, is this moment, cancelled visits do not count as scheduled to be performed). The client/specialist should repeat the request for deletion of data and account after all scheduled services have been performed

b) If the customer/specialist does not have scheduled Specialist Services, the indicated data/account will be removed from public access in GYMSY MOBILE.

4. ATTENTION!!! Deleting account data means removing it from public access for GYMSY MOBILE users. Deleted data will continue to be available to the operator of GYMSY MOBILE in accordance with the privacy policy of GYMSY MOBILE. The data will be kept for the statute of limitations for any disputes between users or the operator of GYMSY MOBILE.

§ 16

COMPLAINTS ABOUT GYMSY MOBILE SERVICES

The Client/Specialist is entitled to make a complaint about GYMSY MOBILE Services by sending the relevant information to kontakt@gymsy.pl.
The customer/specialist complaint should:

include the reason for the complaint;
include current customer data, contact information.

MC shall consider the complaint and respond to the complaint within 14 days from the date of its receipt. If the complaint is not considered within 14 days from the date of its submission, it is considered that the complaint has been accepted.
If the complaint submitted does not meet the conditions specified in paragraph 2, it is necessary for proper consideration of the complaint, the MC immediately calls on the client/specialist to supplement it, specifying the deadline, not shorter than 7 days, and the scope of this supplementation, with the instruction that failure to supplement the complaint within the specified period will result in leaving the complaint unprocessed. Upon ineffective lapse of the specified period, the complaint shall be left unprocessed.
Neither MC nor its employees, authorized representatives and agents shall be liable to the non-consumer MC, its subcontractors, employees, authorized representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally. Whenever the liability of MC, its employees, authorized representatives and/or agents is established, such liability to the non-consumer MC, regardless of its legal basis, shall be limited - both in a single claim and for all claims in the aggregate - to the amount of one thousand zlotys.

§ 17
COMPLAINTS OF SPECIALIST SERVICES

The customer is entitled to file complaints about the Specialist's Services, and the specialist undertakes to process the complaints filed by the customer.
Monetary claims for faulty execution, non-execution of Specialized Services, the customer should direct to the specialist. MC provides support to the customer in the processing of claims, but this does not mean that MC takes any responsibility for these claims.
Any complaints against the Specialist Services should be submitted to the Specialist with the assistance of MC, at the following email address: kontakt@gymsy.pl The relevant complaint shall be promptly forwarded to the Specialist for response. GYMSY MOBILE shall provide support in resolving complaints submitted by customers against the Specialist Services to the respective specialist.
When entering into a contract with a customer for the purchase of a Service, the specialist is obliged to comply with these Regulations and other generally applicable laws.
With regard to Complaints regarding the Specialist Services, the provisions of § 16 of the Terms and Conditions, i.e. the obligation of the specialists to consider the Complaint in the manner indicated in § 16, shall apply accordingly. Thus, the specialist is obliged to consider the submitted Complaint immediately, but no later than within a period exceeding 14 days from the date of submission of the Complaint by the client. Violation by the specialist of the obligation indicated above (regardless of liability under generally applicable laws) shall entitle the MC to terminate the agreement for the provision of GYMSY MOBILE Services.
The filing of a complaint against the Specialist Service shall not suspend the customer's obligation to pay the Price due to the specialist for the use of the purchased Specialist Service.

§ 18

OUT-OF-COURT DISPUTE RESOLUTION

MC reports that:

At http://ec.europa.eu/consumers/odr, there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform), which is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales or service contract;
The Consumer has the right to use out-of-court ways to process complaints and assert claims. Detailed information on the consumer's ability to use out-of-court ways of handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following website addresses of the Office of Competition and Consumer Protection:

The Office of Competition and Consumer Protection has a Contact Point that provides information on amicable proceedings. ADR/ODR Contact Point (information on ADR entities, assistance in filling out applications), Pl. Powstańców Warszawy 1, 00-950 Warsaw, Tel. 22 55 60 332, 22 55 60 333, E-mail: kontakt.adr@uokik.gov.pl.

The client/specialist has the right to pursue claims in court proceedings before a court of competent local and material jurisdiction, without resorting to arbitration.

§ 19

WITHDRAWAL

MC informs that, according to the content of Article 38 point 1 of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended), the right to withdraw from agreements concluded at a distance is not entitled, if the entrepreneur concerned has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after its fulfillment will lose the right to withdraw from the agreement.
Considering the content of paragraphs 1 and 2 above, MC informs that:

GYMSY MOBILE Services consist in the performance of factual actions related to enabling the customer to use the services of other entities (specialists), in connection with which the GYMSY MOBILE Service is completed at the moment of the customer's purchase of a given Specialist Service, and in view of the above, once this action has been performed, the customer is not entitled to withdraw from the performed GYMSY MOBILE Service, i.e. enabling the conclusion of a contract with a specialist;
Specialist Services (online) consist in the provision of specialist services by specialists (making an online visit via GYMSY MOBILE) to a selected specialist, and therefore the Service is completed at the time of the given online visit by the customer of the given Specialist Service, and therefore, once the visit has been made, the customer is not entitled to withdraw from the Specialist Service performed;
Specialist Services (in stationary mode) consist in the provision of specialist services by specialists (completion of a stationary visit booked through GYMSY MOBILE) with the selected specialist, in connection with which the Service is completed at the moment of completion of the given stationary visit by the customer of the given Specialist Service, and, therefore, after the visit, the customer is not entitled to withdraw from the completed Specialist Service.

Bearing in mind the contents of paragraphs 1-2, the right of withdrawal from the Agreement is not granted with respect to the services indicated in paragraph 2 above, which are completed after the customer has selected them. Services completed after the customer's selection are the GYMSY MOBILE service indicated in paragraph 2(a) above and the Specialist Service received by the customer immediately after its purchase.
In terms of other services, i.e:

Specialist Services that have not been completed by the time the right of withdrawal is exercised), Specialist Services not taken immediately after their purchase the customer/specialist who is a Consumer shall have the right to withdraw from the contract under the conditions indicated in these Regulations.
i.e., other GYMSY MOBILE Services that have not been completed by the time the right of withdrawal is exercised), Specialist Services not taken immediately after their purchase the customer/specialist who is a Consumer shall have the right to withdraw from the contract under the terms and conditions indicated in these Terms and Conditions.

In order to exercise the right of withdrawal indicated in paragraph 4(a) above, the customer should inform the specialist of his decision by sending the appropriate information via the form in GYMSY MOBILE. (NOTE: the right to withdraw from the Specialist Services contract with the specialist should be addressed to the specialist, as the specialist is the party to the Specialist Services contract).
To exercise the right of withdrawal indicated in paragraph 4 above, the customer should inform MC of his decision:

by mail to the following address: Józefa Mackiewicza 7, 20-865 Lublin with registered office in Lublin;
by e-mail to: e-mail: kontakt@gymsy.pl by sending an explicit statement to this effect.

In order to exercise the right of withdrawal, the customer may:

use the model withdrawal form attached to these Regulations (Appendix No. 2), but it is not mandatory;
complete and send the withdrawal form or any other unequivocal statement expressing the will to withdraw from the contract;
inform MC by sending an appropriate email to kontakt@gymsy.pl
inform the specialist by sending information on the exercise of this right through the GYMSY MOBILE contact form.

MC will immediately send an acknowledgement of receipt of the withdrawal information on a durable medium (for example, by e-mail).
The specialist is obliged to immediately send the client an acknowledgment of receipt of the withdrawal information on a durable medium (for example, by e-mail).
In order to comply with the withdrawal period, it is sufficient for the customer to send information on the exercise of his right of withdrawal before the end of the withdrawal period.

§ 20

RESPONSIBILITIES MC

MC is obliged to provide the functionality of GYMSY MOBILE under the terms of these Regulations.
MC is not responsible for:

The veracity of the data and Content posted on GYMSY MOBILE;
Effects of Specialist Services, offered by specialists;
Content posted by the client/specialist;
services offered by specialists;
mistakes (on the part of customers/specialists) in the data entered by the customer/specialist, e.g. e-mail address, credit card number;
Bankruptcy/bankruptcy of professionals (other entities) providing services offered through the GYMSY MOBILE Service (e.g. Stripe);
customer's choice of services offered by specialists;
performance of services by a specialist (Stripe);
Failure of the customer to make use of the purchased Specialist Service;
The use by the customer, the Service specialist in an incomplete manner,
Situations preventing, use of the Specialist Service, GYMSY MOBILE Services due to technical problems on the part of the customer, technical problems of providers;
For failure to comply with the terms of the Terms and Conditions and regulations of third parties (e.g. Stripe);
blocking by mail server administrators from sending messages to the e-mail address designated by the client/specialist, and for deleting and blocking e-mail messages by software installed on the computer used by the client/specialist;
Technical parameters of Mobile Devices of customers/specialists preventing the use of GYMSY MOBILE
Lack of access to the Internet, GSM network which makes it impossible to use GYMSY MOBILE;
Force majeure events or events beyond the control of the MC

To the extent permitted by mandatory consumer laws, MC shall only be liable for costs incurred by the customer/specialist resulting from MC's fault.
The provisions of these Regulations do not limit MC's liability with respect to the consequences of MC's fault
With respect to clients/specialists who are not Consumers, MC's liability for non-performance or improper performance of any agreement entered into between MC and a client/specialist who is not a Consumer is limited to the amount of the Fee paid by the client/specialist to MC under the agreement whose non-performance or improper performance is claimed by the client/specialist who is not a Consumer. MC's liability to the client/specialist who is not a Consumer does not include lost benefits.

§ 21

INVITATIONS TO GYMSY MOBILE

1. GYMSY MOBILE offers an invitation option to the GYMSY MOBILE application.

(2) The GYMSY MOBILE Invite function gives customers/specialists the ability to quickly access specialists and customers, respectively, and gives specialists the ability to invite people who are not GYMSY MOBILE users to set up Specialist and Customer Accounts.

3. each specialist has its own individual referral code assigned to the specialist's account, e.g. "A25184".

4. Specialists registered in GYMSY MOBILE can share their code with potential customers (already registered in GYMSY MOBILE) or potential users who want to register as specialists in GYMSY MOBILE. Any person registered in the application (either as a customer or a specialist after going through the full registration process) can enter the invitation code received from the specialist.

(5) In the case of a registered customer, entering the code received from the specialist and undergoing the procedure of registration of the received code gives the opportunity to assign a given specialist to the customer and allows to use the full functionality of GYMSY MOBILE between the customer and this specialist. In order to use this option, the customer should enter the invitation code assigned to the specialist. After entering the code, the customer receives information about this specialist assigned to this code, i.e. (name, surname, specialty, photo, rating). Then the customer obligatorily has to agree to share his personal data with the given specialist and click "confirm". After completing these steps, the specialist in question will appear in the client's list of "specialists" , and the specialist will gain access to this client in his/her client list in the application (that is, we will link them as it happens after making an appointment, but without making an appointment). In addition, the specialist gets an email with the name of the new client.

(6) Specialists registered in GYMSY MOBILE may share their code with potential users interested in setting up a specialist account and receiving the benefit of a free subscription period of GYMSY MOBILE for the period indicated in § 21 item. 8 in these regulations. For this purpose, the registered specialist should share the code assigned to his/her account with another user interested in creating a specialist account. In the case of, referral of GYMSY MOBILE by registered specialists and in the case of full registration of a new specialist, as a result of the referral of GYMSY MOBILE by a registered specialist, the specialist may obtain free access to the subscription of GYMSY MOBILE for the amount of time in accordance with § 21 item. 8 in these regulations.

In order to get free access to the GYMSY MOBILE subscription, you must meet all the conditions described in § 23 in these terms and conditions and click on the "Claim Rewards" button on the "Rewards" screen, which is linked to the "Invite to the Application" screen, which can be accessed from the "Profile" tab in the application.
GYMSY MOBILE subscription renewal code can be received only once.
GYMSY MOBILE subscription renewal code can be collected within a maximum period of 5 months from the date of account registration.
Specialists who enter a referral code received from another specialist agree to share with the specialist whose code they enter their data, such as First and Last Name, account verification status.

7. The prerequisite for free access to GYMSY MOBILE subscription by the registered specialist who recommended their code is to fulfill all the following conditions within 3 months from the date of registration of the person whose invitation code they enter:

(a) active subscription to GYMSY MOBILE by the inviting specialist;

b) the creation of a specialist account and undergo the full registration procedure by those who have used the code of the registered specialist, ending with the creation of a specialist account (confirmation of eligibility to register as a specialist);

ATTENTION!!! the inviting specialist can send an unlimited number of invitations, but can only receive the code extending the GYMSY MOBILE subscription by the amount of time described in § 21 item. 8 in these regulations). Each specialist can enter only 1 referral code, the inviting specialist and the inviting specialist (already registered in GYMSY MOBILE) cannot enter each other's codes [one-way linkage only]) (condition: to be able to use the reward code you must already have an active subscription at the time of entering the code).

8. a period of 3 months from the date of registration of a specialist's account, we credit invited specialists who meet all the conditions described in § 21 item. 7 in these regulations. Depending on the number of verified specialists who have met all conditions, the following reward thresholds are available:

1 verified invited specialist = 1 month access to GYMSY MOBILE subscription
2 verified invited professionals = 2 months access to GYMSY MOBILE subscription
3 verified invited professionals = 3 months access to GYMSY MOBILE subscription
4 to 6 verified invited professionals = 6 months of access to GYMSY MOBILE subscription
7 or more verified invited professionals = 12 months access to GYMSY MOBILE subscription

The progress of each threshold will be visible in the "Rewards" tab of the GYMSY app in the specialist's account.

NOTE!!! GYMSY MOBILE subscription validity extension code can be collected only once and only for the highest achieved threshold described above. The code extending the validity of the GYMSY MOBILE subscription can be collected within a maximum period of 5 months from the date of account registration, after this time the user loses the opportunity to collect the code and is not eligible for the reward. The code will be sent to the email address assigned to the account of the specialist receiving the reward in the GYMSY application.

9. GYMSY MOBILE subscription renewal code will expire 30 days from the date of its receipt in the GYMSY application, of which the specialist will be informed in the body of the email with the received code. In this case, it will not be possible to use it to extend the validity of the subscription.

10. Code is not refundable or exchangeable for cash equivalent. The code is not transferable to other professionals or any other third parties. The code can only be used by the person who received it as a prize for meeting all the conditions described in § 21. The code can only be used on the account from which it was received as a prize.

(11) In the event of abuse, such as: transfer of reward codes to other people, creation of new accounts in order to receive a code, use of codes on accounts other than accounts meeting the conditions described in § 21; MC reserves the right to block and delete the account of a specialist, as well as to deactivate all codes obtained in violation of these rules.

§ 22
PERSONAL DATA, PRIVACY AND CONFIDENTIALITY

Personal data provided by customers/specialists through GYMSY MOBILE is processed in accordance with applicable laws and regulations and in accordance with GYMSY MOBILE's privacy policy.
Personal data of other clients/specialists shall be disclosed to clients/specialists only in cases provided for in the Regulations for the purposes of carrying out and performing the contract concluded between the client and the professional through GYMSY MOBILE and in other cases, with the prior consent of the data subject.
The customer/specialist shall not disclose to third parties information regarding other customers/specialists that he/she has received in connection with the use of GYMSY MOBILE, unless he/she has obtained prior consent from the customer/specialist to whom the data pertains.
MC is authorized to filter and stop messages sent by customers/specialists within the tools provided in GYMSY MOBILE, in particular, if they are spam, contain content that violates these Terms and Conditions or otherwise threaten the safety of customers/specialists.
The rules for the processing of personal data of customers/specialists and the Privacy Policy are described in Appendix 3 to the Regulations.
Specialists practicing in Poland are required to comply with the Regulation of the Minister of Health of April 6, 2020 on types, scope and models of medical records and the manner of their processing. In any case of violation of the aforementioned regulations by a specialist, the MC is entitled to suspend access to the GYMSY MOBILE account and report the violation to the competent authorities.

§ 23

LANGUAGE VERSIONS OF THE REGULATIONS

The GYMSY MOBILE regulations have been prepared in three language versions, Polish, English and Norwegian.
The original language version of the Regulations is the Polish language version. In case any doubts arise with respect to the translated content of the Regulations, they shall be resolved by reference to the original language version, except when it is necessary to resolve them on the basis of a different language version from the mandatory provisions of law.

§ 24

PROPER LAW

The governing law for contracts between the client and the specialist and MC is Polish law, unless otherwise provided by mandatory provisions of law.
The choice of Polish law does not deprive the Consumer of the protection granted to him under provisions that cannot be excluded by contract, under the law that would be applicable in the absence of the choice of law.
Any disputes related to the services provided by MC under GYMSY MOBILE will be submitted to the competent common courts.
Any disputes between MC and a non-consumer customer/specialist regarding GYMSY MOBILE Services shall be settled by Polish common courts having jurisdiction according to MC's registered office.
Whenever the services provided by a specialist are subject to Polish law, the specialist is obliged to comply with the laws pertaining to the specialist's profession.

§ 25
FINAL PROVISIONS/AMENDMENT OF REGULATIONS

MC retains the right to amend these Regulations for the following reasons:

The need to improve the security of GYMSY MOBILE, the security of customers/specialists;
the necessity to improve the operation of GYMSY MOBILE, while changes made on this basis will not result in an increase or introduction of additional fees in relation to the fees already charged (paid), and moreover, such changes will enable the continued use of GYMSY MOBILE;
The need to prevent abuses carried out in connection with the use of GYMSY MOBILE;
change in the terms and conditions of GYMSY Services or Specialist Services, while changes made on this basis will not affect paid services purchased prior to the effective date of these changes;
introduction of a new service and also introduction of additional functionalities of GYMSY MOBILE, and each time the use of such services or functionalities will be voluntary;
a change in generally applicable laws that directly affects the content of the Regulations.

Any change to the Terms and Conditions will be communicated to the customer by sending information about the changes electronically to the email address indicated when registering GYMSY MOBILE.
Amendments shall come into force on the date indicated by MC, not less than 14 days from the notification of the amendment to the Terms and Conditions, unless the common law provides otherwise.
Notwithstanding the above, MC may amend the Regulations without observing the 14-day period referred to in paragraph 3 above, including with immediate effect, in the event that:

obligation in this regard is due to changes in laws and regulations, under which MC is required to amend the Regulations in a way that prevents it from meeting the aforementioned 15-day notification period,
it is necessary to amend the Terms and Conditions on an exceptional basis, including due to the need to counteract unforeseen and imminent threats related to the protection of online brokerage services, customers/specialists from fraud, malware, spam, data breaches or other cyber security threats.

The provisions of paragraphs 1-4 above also apply to the change of services provided by MC through GYMSY MOBILE. In any case, the change of GYMSY MOBILE's services will not affect concluded contracts purchased prior to the entry into force of these changes, as well as will not involve any costs on the part of the Consumer.
The provisions of the Regulations as they existed before the effective date of the new Regulations shall apply to the purchased Specialist Services concluded before the effective date of the new Regulations.
A Customer who does not accept the content of the amendments to the Regulations retains the right to terminate the contract for GYMSY MOBILE Services at any time. A specialist who does not accept the changes to the Terms and Conditions is entitled to terminate the contract for GYMSY MOBILE Services at any time, but the effect of termination cannot occur earlier than the expiration of contracts for Specialist Services concluded with customers.
If a change is made to the service provided through GYMSY MOBILE that materially and adversely affects the Consumer's access to GYMSY MOBILE, the Consumer - notwithstanding the right provided for in paragraph 7 above - may, within 30 days from the date of such change, terminate the GYMSY MOBILE Service Agreement without notice.
If any provision of the Terms and Conditions is declared invalid by a final court decision, the remaining provisions shall remain in force, provided that applicable laws provide for a different effect.
The appendices to these Regulations are an integral part thereof.

Attachments:

Rules for the creation of recordings within the framework of the Specialist Services in GYMSY MOBILE - Appendix No. 1;
Model of withdrawal from the contract - Appendix No. 2;
GYMSY MOBILE Privacy Policy - Appendix No. 3.

Annex No. 1 to the Regulations of GYMSY MOBILE - requirements of Video Content.

Within GYMSY MOBILE, it is possible to upload a video file of up to 20 mega bytes in file formats: MP4, AVI, MKV, MOV, WMV, HEVC

APPENDIX No. 2 to the Regulations of GYMSY MOBILE

MODEL WITHDRAWAL FORM

(This form must be completed and returned only if you wish to withdraw from the contract)

- Addressee [here the Consumer should enter the Subscriber's name, full postal address and e-mail address].

- I/We(*) hereby inform(*) of my/our withdrawal from the service contract(*).

- Date of contract(*)/acceptance(*)

- Name of Consumer(s)

- Address of the Consumer(s)

- Signature of Subscriber(s) (only if the form is sent in hard copy)

- Date

_________________________

(*) Delete as appropriate

Appendix No. 3 - PRIVACY POLICY