EloByku Studios Terms of Service

Service Provider - QVVER TECHNOLOGY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Chybie, Bielska 7, 43-520 Chybie, Poland, entered in the register of entrepreneurs of the National Court Register under KRS number 0000220705, VAT ID (NIP) 9372437672, REGON 072928654, e-mail address: [email protected].

Service - the EloByku Studios application available at studios.elobyku.com, used to manage training studios: clients, trainers, schedules, packages and settlements.

User - a natural person, legal person or organisational unit using the Service.

Account - an individual User account created upon registration in the Service.

Studio - a training facility registered in the Service by the User.

Owner - the person managing the Studio, holding full access to the Service and being a party to the agreement with the Service Provider.

Trainer - a person conducting sessions, using the Service to the extent granted by the Owner.

Client - a person using the Studio’s services whose data is processed in the Service.

Price List - the current fees for using the Service, presented before the agreement is concluded and in the order summary.

The Service enables the management of training studios, settlements with trainers, client management and business data analysis.

The Service Provider provides services by electronic means in accordance with the Polish Act of 18 July 2002 on the provision of services by electronic means.

Use of the Service requires internet access and an up-to-date web browser.

The Service Provider reserves the right to modify the functionality of the Service in order to improve it.

The User undertakes to use the Service in accordance with its intended purpose and applicable law.

Any action that may disrupt the operation of the Service is prohibited.

The User is responsible for the content and data entered into the Service.

The Service Provider may suspend or delete the Account of a User who breaches these Terms.

Registration requires providing accurate data, including company details and a VAT ID (NIP) for business accounts. An account not completed during registration is deleted automatically.

The User is responsible for keeping login credentials confidential and for actions performed on their Account.

A single Studio may have multiple trainer accounts linked to the Owner’s account.

The Account may be deleted at any time by contacting [email protected].

Use of the Service is subject to a subscription fee. The fee is charged monthly in accordance with the Price List in force at the time the agreement is concluded. The amount depends on the number of Studios, additional trainer accounts and active Client accounts.

Prices are presented as net amounts; VAT is added in accordance with applicable regulations. The total amount payable, including tax, is presented to the User in the order summary before payment is confirmed.

New Accounts include a 14-day free trial period. The first payment is collected after it ends. The subscription may be cancelled with effect at the end of the paid period.

Payments are made in advance for a given billing period and handled by an external payment operator - Stripe Payments Europe, Ltd. The Service Provider does not store the User’s payment card details.

Increasing the scope of the subscription during a billing period results in a pro-rata adjustment charge for the remainder of that period.

Invoices are issued electronically and submitted to the Polish National e-Invoicing System (KSeF) in accordance with applicable regulations. Invoices are also available in the User panel.

In the event of late payment, the Service Provider reserves the right to suspend access to the Service.

The Service Provider undertakes to use due care to maintain continuity of the Service, to protect User data in accordance with applicable law, and to give notice of planned technical maintenance at least 24 hours in advance.

The User undertakes to use the Service in accordance with these Terms and the law, to pay amounts due on time, and not to share login credentials with third parties.

The Service Provider is not liable for damage resulting from improper use of the Service by the User.

The Service Provider’s liability is limited to the amount of fees paid by the User over the last 12 months. This limitation does not apply to damage caused intentionally or to cases in which the exclusion of liability is not permitted by law.

The Service Provider is not liable for interruptions in the operation of the Service caused by force majeure or by the actions of third parties.

The Service Provider is not liable for content and data entered into the Service by Users.

Complaints should be submitted electronically to [email protected].

A complaint should include a description of the problem and the User’s contact details.

The Service Provider will consider the complaint within 14 days of receiving it.

A response to the complaint will be sent to the e-mail address indicated by the User.

A User who is a consumer has the right to withdraw from the agreement within 14 days of its conclusion without giving a reason.

To exercise the right of withdrawal, a statement should be sent to [email protected].

In the event of withdrawal, the Service Provider will refund all payments received within 14 days of receiving the statement.

The right of withdrawal does not apply once the service has been fully performed with the consumer’s express consent.

The User enters the personal data of their Clients and Trainers into the Service. In respect of that data the User remains the controller, and the Service Provider acts as a processor on the User’s documented instructions.

The scope of entrustment covers data necessary to provide the Service: identification and contact data, and data on packages, training sessions, payments and attendance. Processing continues for the term of the agreement.

The Service Provider undertakes to process the entrusted data solely for the purpose of providing the Service, to ensure confidentiality among persons authorised to process it, and to apply security measures corresponding to Article 32 GDPR.

The Service Provider may use sub-processors (infrastructure providers, the payment operator, the e-mail service provider) under further entrustment, informing the User of changes to their scope.

After the agreement ends, the data is deleted or returned to the User, except to the extent that its retention results from a legal obligation of the Service Provider.

Detailed rules for the processing of personal data are set out in the Privacy Policy.

These Terms enter into force on the day they are published in the Service.

The Service Provider may amend these Terms for important reasons. Users will be notified of changes electronically 14 days in advance.

Matters not governed by these Terms are subject to Polish law.

Disputes arising from the use of the Service are settled by the court having jurisdiction over the Service Provider’s registered office, which does not limit consumer rights arising from mandatory provisions of law.

If any provision of these Terms is found to be invalid, the remaining provisions remain in force.

These Terms are published in Polish, English and Ukrainian. In the event of any discrepancy between the language versions, the Polish version prevails.