Terms and Conditions
For SportMind App service
The present General Terms and Conditions (hereinafter Terms) consist the terms and conditions for the use of the available services by downloading the SportMind telephone application (hereinafter referred to as SportMind App).
By accepting the TERMS, an individual contract – Service Provider Agreement – is created between the Service Provider and the User.
2. Service provider's details
Name: SportMind App Kft.
Registered office: 2365 Inárcs, Csillag tanya 0139/21
Trade Registry Number: 13-09-196557
Tax Number: 265585710-2-13
Public Tax ID Number: HU265585710
E-mail address: firstname.lastname@example.org
European Unique Identifier: HUOCCSZ.13-09-196557
DUNES szám: 401263572
3. Service Provider's Customer Care Office Details
Postal Address: SportMind App, 2365 Inárcs, Csillag tanya 0139/21
Website: www.sportmind.hu; www.sportmindapp.hu, www.sportmindapp.eu
Other contacts: www.sportmindapp.hu/kapcsolat
Any natural or legal person who downloads the application to his/her phone, accepts the terms and conditions of this Agreement.
5.a. The Service we offer
With the SportMind App smartphone application, the user can listen to certain audio recordings developed by sports psychologists that help in development of mental skills required for sports. The Service Provider reserves the right to change the contents of recordings available on the SportMind App any time and publish new audio recordings.
The Service Provider agrees that the User shall download and install the SportMind App for his/her mobile device. The User acknowledges and agrees that data traffic is generated during the download and use of SportMind App.
The User shall use the SportMind App solely at his own responsibility, and the Service Provider shall exclude any liability for any damage resulting from inappropriate use.
The Service Provider is not responsible for any malfunction or damage caused by a virus or any loss of data on the User’s mobile device.
5.b. How to access the service
After downloading and installing SportMind App, the User has to sign up on the application interface, by using his/her email address, Google or Facebook account during the process. The User’s name and sport are mandatory to be completed. The User may optionally enter his/her gender and athlete’ status. The User may modify the data entered at the time of the registration process any time after, under the Profile menu point.
Upon further log-in, the User can access the application entering the previously selected user ID and password. In case the User forgets the password, he/she has the option of restoring it.
6. The timeframe of the service
The contract is set for a fixed period of 1 month or 12 months. Prior to the expiration date of the contract, the User is entitled to terminate it any time on the SportMind App interface under Profile/Package menu option/item. If the User does not exercise his/her right of termination, the contract shall be automatically extended for an indefinite period of time. If the User decides to settle the more favorable annual fee and does not exercise his/her right of termination, the duration of the contract will be extended for another 12 months. The User who opted for the annual package may decide, prior to the expiry date of the fixed period, to switch to a monthly fee package, in which case the payment is due on a monthly basis according to the price set in the Monthly tariff package.
7. Fees, Subscriptions and Packages
By downloading the SportMind App, the User will have access to the voice recordings and services provided free of charge by the Service Provider. All other functions and services may be accessed by the User for a subscription fee.
The SportMind App allows the User to subscribe for two different packages:
Basic Package: The User is only provided access to a limited number of voice recordings defined by the Service Provider and classified by him/her as “Basic” content or to certain additional features of the application that the Service Provider specifically defines.
PRO Package: The User is provided full access to all audio recordings available on SportMind App and to all other services.
The User may switch to a larger package anytime on the SportMind App, which means that he/she can change the Basic Package to a Pro Package on preference. Switching from the Pro Package to the Basic Package is only possible when the fixed term contract expires.
Different package fees are available on the Sportmind App. The Service Provider reserves the right to change either the service offered or the price of the Packages or both, by the terms and conditions applicable to the User at the time of concluding the Contract. At the time of signing the Agreement, on the APPLICATION, the summary data appearing on the screen prior to the payment is applicable.
The User has the opportunity to settle the subscription fee annually or on a monthly basis. The annual payment option offers a more favorable fee, however the condition of selecting this fee is an additional 12 months subscription for a fixed period after the first fixed-term 12 months contract expires. Monthly payment can only be selected after the first 12-month fixed-term contract expires, in which case the contract is amended for an indefinite period.
8. Terms of Payment
The User pays the service fee electronically on the Sportmind App interface under the Select Packages menu option. Following the payment, the access to the right content is activated.
9. Right of Withdrawal
As it is a non-reversible digital content, and its release happens at the express request of the User, he/she has no right of withdrawal after he/she started to use the service. Prior to the commencement of use, the User may withdraw from using the service within 14 days of the conclusion of the contract.
10. Government Law and Complaint Handling
The User may exercise his/her right of complaint on one of the “Customer Care Contacts of the Service Provider” described in Section 3. above. The Service Provider is obliged to respond to any complaint within 14 working days.
11. Other Ways of Dispute Settlement
In the event that the consumer dispute between the Service Provider and the User is not settled during the negotiations with the Service Provider, the following ways of dispute settlements are available to the User:
– To direct the complaint to the Consumer Protection Authority.
– To initiate the proceedings of the conciliation body (the contact details of the Conciliator Body competent at the seat of the Service Provider should be indicated),
– To initiate court proceedings.
12. Data Handling
The Service Provider has a Data Protection Policy available on the SportMind App and at www.sportmindapp.hu webpage. By using the service, the User agrees that the Service Provider handles his/her data for the purpose of performing the service. The user may revoke his/her consent to data management any time, but in this case he/she will not be able to use the service in the future.
The SportMind App is software created, owned and operated by the Service Provider and considered to be protected by copyright in accordance with applicable law. All rights associated with SportMind App are entitled to the Service Provider. The SportMind App is a software that can be downloaded to the User’s phone via Internet connection and can be accessed using the Service provided by the Service Provider. The SportMind App is protected by copyright, the Service Provider has exclusive rights of the copyright, and only the Service Provider is entitled to authorize any use based on copyright.
The SportMind App, or any element thereof, may not be reproduced, copied, distributed, created in any form, without the prior written permission of the Service Provider. The SportMind App or any of its components thereof must not be reproduced by recasting of the SportMind App or any element thereof, icons, buttons, links, text, image, graphics, logo must not be accessed or distributed unauthorised, regardless of whether it is free or for consideration.
Copyright infringement may have civil and criminal consequences.
14. Governing Law
Any matter or issue not regulated in this TERMS shall be governed by the Civil Code of Hungary.