Agreement on Fitspot platform services
1. The parties
1.1. You (here and hereinafter referred to as the Customer), on the one hand, and SIA “Exello”, 40203013480 (hereinafter referred to as Fitspot), on the other hand, without mistake, fraud, on the basis of the current legislation of Latvia, entered into the present agreement on the following:
2. The object of the contract
2.1. FITSPOT provides to the CUSTOMER in this agreement indicated services (hereinafter – Services), and the CUSTOMER undertakes to pay for these Services, in accordance with the CUSTOMER's chosen tariff plan and the terms of this agreement.
3. Terms of payment
3.1. Payment for Services is made before the Services are received, in accordance with the selected payment.
4. Order cancellation and return of money
4.1 The customer has the right within 14 days after the payment for service, to withdraw from the service by notice in writing to Fitspot e-mail. The money will be returned within 3 working days after receiving submission. Money will be returned in the same way as payment was made.
4.2 The customer will not be refunded money in cases where it takes place of a distance contract points (5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.7.1, 5.7.2)
5. Terms of service
5.1. The CUSTOMER assumes full responsibility for any action he performs through the Services;
5.2. The CUSTOMER undertakes not to use the Services for any illegal purposes;
5.3. The CUSTOMER undertakes not to seek access to external systems or files without the permission of their owners even if they are not properly protected;
5.4. The CUSTOMER undertakes not to forward the letter-chains and other advertising materials to recipients who have not requested;
5.5. The CUSTOMER undertakes not to use the Services for distribution computer viruses and similar materials;
5.6. The CUSTOMER undertakes not to use the Services in violation of the rights of third parties (without limitation, including third-party intellectual property rights and confidentiality).
5.7. The CUSTOMER is not entitled:
5.7.1. Try to have access to the other user’s system information.
5.7.2. Accidentally or with intention to interfere with the FITSPOT server or network activity.
6. Obligations of the CUSTOMER
6.1. The CUSTOMER must keep the password in a secret and he assumes full responsibility for the actions that take place using it. Other CUSTOMER's user name and password users are responsible for the terms of the agreement rights to the extent as the CUSTOMER. The CUSTOMER shall immediately be reported to the Fitspot of any unauthorised interference with the CUSTOMER's user name and password or any other breach of security, when it becomes known.
7. FITSPOT rights
7.1. Fitspot have the right not to provide the CUSTOMER with the necessary information, if the CLIENT's application, e-mails or other communications with Fitspot are used for insults or used on the uncensored vocabulary.
8. The closing of the customer's account and deleting all its data
8.1. Fitspot is entitled to temporarily or permanently close the CUSTOMER account if:
a) The CUSTOMER violates the terms of this agreement;
b) The CUSTOMER has not paid for the Services in accordance with this Agreement’s p.3.1.
8.2. FITSPOT is not responsible for customer's files and is not required to provide the storage, if they have been deleted in accordance with this Agreement 8.1.
9. The duration of the agreement and its termination
9.1. The agreement shall enter into force from its approval and is valid until the parties fully fulfil their contractual obligations.
10. Unforeseen circumstances
10.1. The parties are released from partial or full liability under this agreement, if the performance relies on the force majeure situation.
10.2. The force majeure situation is characterized by any law, contract or some other written directive, which has legal force and that has an impact on the performance of the agreement. As the force majeure situation is characterized - war, any war activity, civil unrest, embargoes, and the various natural manifestations, which interfere with the performance of the contract.
11. Applicable law and dispute resolution
11.1. All matters which are not stipulated in this agreement, the parties will be guided by the force of existing legislation of the republic of Latvia.
11.2. Any dispute, disagreement or claim arising from the agreement, affecting the contract, the contract amendment, violation, termination, legality, validity, or construction (interpretation) shall be resolved through negotiation.
11.3. In the case where the agreement between the parties is not reached within two months, the dispute shall be referred for resolution to the Latvian International Arbitration court in Riga, by one arbitrator in the Latvian language.
12. Amendments and additions of the agreement
12.1. This Contract expresses the full agreement between the contracting parties. All other agreements between the parties regarding the subject matter of the Contract lose force with its signing.
12.2. All Contract amendments and additions will be effective, if they are written and signed by both parties ' lawful representatives.
13. Other terms
13.1. This agreement is drawn up electronically and is valid without signature.
13.3. This Agreement shall be binding on Fitspot , the CUSTOMER and all the rights and obligations of the successors.