Please read these Terms of Use carefully before you start to use our Product. Your use of our Product shall be subject to these Terms of Use, and by using our Product, you agree to be bound by them.
1. General disclaimer.
1.1. Our Product offers a variety of content (video–, audiovisual, text, images, etc.) that can be used for physical activity and diet adjustments. This content is for information purposes only and are not intended as medical advice and are not intended for therapeutic purposes.
1.2. By using our Product you confirm that you are solely responsible for your state of health and MyStream LLC and its licensees, if any, are not responsible for any results achieved (or not achieved) by you.
1.3. When using our Product, you shall follow the below mentioned rules all the time:
a. You shall consult with your physician provider before engaging in any physical activity or changing your nutrition plan. Do not change your physical activity regimen or nutrition plan if your physician provider does not advise you to do so;
b. You agree that the use of our Product is no substitute for a consultation with a specialized doctor;
c. You shall stop any physical activity whenever you feel faintness, dizziness, pain, shortness of breath or any other uncomfortable symptoms while exercising;
d. You should understand that when participating in any exercise, there is the possibility of physical injury. If you engage in any exercise, you agree that you (1) engage at your own risk, (2) are voluntarily participating in these activities, and (3) assume all risk of injury to yourself.
1.4. We presume that you are in good physical condition that allows you to participate in the exercise. If you (or your family) have a history of high blood pressure or heart disease, or have chest pain when exercising in the past months, we do not recommend you to engage any physical activity. If you smoke, have high cholesterol, are obese, or have a bone or joint problem, a change in physical activity can make you feel worse.
1.5. You agree that we are not responsible or liable for any injuries or other damages you may sustain that result from your use of, or inability to use our Product.
2. License to use our Product and rights on the content.
2.1. We grant you revocable, worldwide, non–transferable and non–exclusive license to access and use our Product for personal non–commercial purposes under the relevant payment in accordance with these Terms of Use.
2.2. The term of the provided license to access and use our Product starts from the moment you accept the terms of the Terms of Use (from the moment you start using our Product) and is expires with the termination of the Terms of Use in accordance with the clause “Termination” herein.
2.3. All contents of our Product are protected by copyright and/or other intellectual property rights. These rights are valid and protected in all forms, on all media and in respect of all technologies, whether existing or developed or created afterwards.
2.4. As a result of using our Product, no rights to any of it content, including video–, audiovisual works, images, trademarks and other intellectual property, shall pass to you.
2.5. You are not entitled to copy, modify, alter, delete, supplement, publish, transfer, create derivative works from, manufacture or sell products based on our Product.
3. Account.
3.1. If we provide you with the opportunity to create an account (the “Account”), you agree that when creating the Account, you will supply accurate and complete information and that you shall be responsible for keeping it up–to–date.
3.2. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Account (including the information about your login and password combination). We will not be liable in any way for any action taken from your Account if you lose or pass to any third party the information about your login and password combination.
3.3. You agree that since we are unable to identify the particular person who uses our Product through your Account, we will not be responsible for any losses incurred by you where your Account is used by any third party.
3.4. To create an Account and access our Product, you must be at least 13, except in European Economic Area, where the age is limited to users under 16, and not barred from using our Product under applicable law. If you are under 13 (or 16 where applicable), your parent or guardian must review and accept these Terms of Use, and by using our Product, you confirm that your parent or guardian has so reviewed and accepted these Terms of Use. If you are aware of anyone under 13 (or 16 where applicable), using our Product, please contact us at [email protected] , and we will take required steps to delete their Account and personal data.
3.5. The Account can be deleted if you send a relevant request to [email protected] .
3.6. If you deleted your Account or removed our Product from your device, the active Subscription will be cancelled, but you have no a right to the refund. You can learn how to restore your purchase to the appropriate Marketplace payment policy through which you downloaded our Product.
4. Functionality provided within our Product.
4.1. Within our Product you may have access to various training courses.
4.2. All performance indicators of a particular course, including what results can be achieved as you go through the training courses, are intended for information purposes, and are approximate. Your factual result may differ from the stated due to the specific characteristics of your body, your lifestyle, health and so on.
5. Payments.
5.1. Our Product is free to download but access to the main functionality is provided under the paid subscription (the “Subscription”).
5.2. Fee. Subscriptions may be available at different fees chargeable for a set period of time specified in our Product (the “Subscription Period”). We in our sole discretion and at any time may modify the Subscription fee. Any Subscription fee change will become effective as of the following Subscription period. You will be provided a reasonable prior notice of any change in Subscription fee. If you do not agree to the change in Subscription fee, you shall cancel your Subscription, and it will expire at the end of the current Subscription period.
5.3. Trial. Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in our Product. If you do not cancel the Subscription within such period, Subscription fee shall be charged from your Marketplace account, through which you downloaded our Product, when the trial period expires.
5.4. Renewal. Please note that your Subscription begins immediately after the activation of a trial Subscription, not after the trial Subscription. You may cancel a Subscription during its free trial period using the Subscription setting from your account in Marketplace through which you downloaded our Product. Subscription is automatically renewable, unless you turn off it at least 24 hours before the expiry of the current Subscription. Subscription fee shall be taken from your account in Marketplace through which you downloaded our Product. In case Subscription fee cannot be taken from your account in Marketplace, through which you downloaded our Product, due to absence of monetary funds, invalidity of credit card or for any other reasons, your Subscription is automatically cancelled.
5.5. Purchase processing. You acknowledge and agree that all billing and transaction processes are handled by Marketplace, through which you downloaded our Product, and are governed by such Marketplace’s terms. If you have any payment related issues regarding Subscription then you need to contact relevant Marketplace.
5.6. No refund. Except when required by law, paid Subscription fees are non-refundable.
5.7. Representations. By purchasing Subscription, you are confirming that you have any and all permission that may be necessary in order to allow you to purchase Subscription. If you are a parent(s) or legal guardian we recommend that you consider any parental controls that may be provided by the Marketplace if you are concerned that your child may make excessive purchases.
6. Technical support.
6.1. We provide technical support to the users of our Product. Technical support is provided during our standard working hours – from 9:00 a.m. till 5:00 p.m. (Minsk, the Republic of Belarus (GMT+3)).
6.2. In the event of any failures, malfunctions, errors, inaccuracies in the operation of our Product, you may contact us in Russian or English by sending a corresponding request to the [email protected] .
7. Restrictions on use of our Product. When using our Product you are prohibited from:
a. Use our Product and the content placed on our Product (video–, audiovisual, text, images, etc.) for business, profit or use in a manner contrary to law;
b. Placing any personal data of third parties in our Product without their consent, including home addresses, telephone numbers, passport details, e–mail addresses;
c. Place commercial advertisements, commercial offers and campaign information in our Product;
d. Insult or otherwise violate the rights and freedoms of other users, third parties or groups;
e. Change the software code of our Product in any way, or take actions to change the functionality and performance of our Product;
f. Attempt to gain unauthorized access to any portion or feature of our Product, or any other systems, networks, servers, cloud storages connected to accounts of other users and administrators of our Product by hacking, organizing DDoS–attacks, password “mining” or any other illegitimate means.
8. License to use comments, feedback and ideas. Any comments, feedback, or ideas with respect to our Product are provided by you on a non–confidential basis and you grant us a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, improving and marketing our Product.
9. Third–party websites or platforms. Our Product may contain links to third–party websites or platforms that are not owned or controlled by us. Such links are provided for your reference only. We do not control such third–party websites platforms and are not responsible for their content or your use of them, and as a result we do not accept responsibility for the availability, suitability, reliability, or content of such third–party websites platforms. Our inclusion of such links in our Product does not imply any endorsement of the material or the views expressed within them.
10. Advertisement. We may place advertisements, promotions or sponsorship content in our Product (the “Ads”). You agree that we cannot always control the content of such Ads. We are not responsible for any mistakes in the content of such Ads and will not be liable for any losses incurred as a result of your interaction with such Ads, including if you have made any decision based on such Ads, and any goods, products or services offered in such Ads.
11. Lack of warranties. Our Product is provided on an “as is” basis and without any representation or warranty of any kind, express or implied. In particular, we do not warrant that our Product will operate fast and uninterruptedly or that any defects in its performance will be corrected. We do not warrant that our Product will meet your needs or that you will use our Product at your own risk.
12. Termination.
12.1. You accept these Terms of Use when you start to use our Product.
12.2. We reserve the right, at our sole discretion, to amend these Terms of Use at any time without prior notice. An up–to–date version of these Terms of Use will be available in our Product, and any amendments will come into effect immediately upon posting. It is your responsibility to check these Terms of Use periodically for any amendments. By continuing to use our Product, you agree to the amended Terms of Use.
12.3. You are entitled to terminate these Terms of Use at any time by unsubscribing, by requesting the deletion of an Account or by removing our Product from your device.
12.4. We are entitled to terminate these Terms of Use concluded with you at our initiative unilaterally without prior notice to you, if you violate any term of these Terms of Use.
12.5. We are also entitled to terminate these Terms of Use concluded with you unilaterally by sending notice to you regardless of the reason of such termination.
12.6. In case of termination of these Terms of Use you shall immediately stop using our Product.
12.7. The obligations to pay off debts to MyStream LLC, if any, remain valid until they are fully discharged.
13. Applicable law.
13.1. These Terms of Use, any non–contractual obligations arising in connection with them, and litigation between the users and MyStream LLC, shall be subject to the law of the Republic of Belarus. Any issue which is not agreed in the Terms of Use will be governed by the law of the Republic of Belarus.
13.2. The parties will endeavor to resolve all disputes, controversies and claims that may arise in connection with the execution, termination or invalidation of the Terms of Use by negotiations. The party which has any claims and/or disagreements shall send message to the other party indicating the claims and/or disagreements that have arisen. The message is sent to the following e–mail address: to the user – to the e–mail address provided during registration; to the MyStream LLC – to [email protected] .
13.3. If any dispute, disagreement or claim was not be solved by negotiations, such dispute shall be resolved by an authorized court at the place where the violation was committed.
14. Miscellaneous.
14.1. Severability. Each of the provisions of these Terms of Use is independent and separable. If any provision is held to be or becomes invalid or unenforceable in any respect under the applicable law, it will not affect the legality, validity or enforceability of any other provision of these Terms of Use. We shall use all reasonable endeavors to replace such provisions by making amendments to these Terms of Use unilaterally in that respect with valid provisions and reflect the essence of the replaced provisions to the maximum extent possible by applicable law.
14.2. Entire agreement. These Terms of Use is the final, complete and exclusive agreement between you and MyStream LLC with respect to the subject matters hereof and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior Terms of Use).
14.3. Titles and interpretation. The clauses titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
14.4. Assignment. These Terms of Use and your rights and obligations herein, may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign our right and obligations under these Terms of Use in connection with a reorganization of MyStream LLC, or cession, transfer of rights to our Product, or for any other reason required by applicable law, without your consent.
14.5.Privacy Policy. The Privacy Policy placed on our Product is an integral part of these Terms of Use.