Termos de Uso

(Updated December 03, 2022)***PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE APPLICATION OR THE SERVICES. If you have any quesPons regarding this document or PUMP TRAINING, please contact us through our service channel atcontact@pumpapp.com.br.This document and all other usage policies referenced therein, describe the terms and condiPons under which PUMP TRAINING offers you (“USER”) access to the PUMP TRAINING mobile applicaPon (the “APPLICATION”) and to the services, content, products or applicaPons, as well as all informaPon, recommendaPons and/or services provided to the USER in or through the APPLICATION, made available by PUMP TRAINING, which are hereinaZer referred to as “SERVICES”. Upon using the SERVICES (accessing the APPLICATION or using the SERVICES), the USER declares to have read, understood and accepted these TERMS OF USE.1 – ACCEPTANCE OF THE TERMS OF USE1.1. By registering and/or using the SERVICES, in any way, including, but not limited to, downloading, or visiPng or accessing the APPLICATION, you are agreeing to all the terms and condiPons of these TERMS OF USE, as well as any other rules, policies or procedures that may be disclosed, from Pme to Pme, in the APPLICATION by PUMP TRAINING and other available means of communicaPon.1.2. Certain SERVICES may also be subject to addiPonal condiPons that, once disclosed by PUMP TRAINING, automaPcally become an integral part of these TERMS OF USE.📷 📷2 - REGISTRATION INFORMATION AND ACCESS ACCOUNT2.1. To access the SERVICES, the USER must register with the APPLICATION by creaPng his “ACCESS ACCOUNT”. The USER must fill in all fields with accurate and true informaPon, being responsible for updaPng the registraPon informaPon whenever any changes occur. When logging in through your registraPon for any third-party service, the USER automaPcally accepts the collecPon of your data on those pla`orms.2.2. IF PUMP TRAINING FINDS ANY INACCURACY IN THE INFORMATION PROVIDED BY THE USER, EVEN IF PREVIOUSLY REGISTERED, ILLEGAL CONDUCT AND/OR NON- COMPLIANCE WITH THE RULES OF THESE TERMS OF USE, IT MAY, AT ITS SOLE DISCRETION, UNILATERALLY SUSPEND OR CANCEL THE CORRESPONDING ACCESS ACCOUNT, WITHOUT THE USER BEING JUST OR RIGHT TO INDEMNITY, UNDER ANY PRETEXT. SUCH MEASURE, HOWEVER, DOES NOT CEASE OR DIMINISH THE USER'S RESPONSIBILITY AS TO THE ACCURACY AND VERACITY OF THE DATA PROVIDED AND ACTS EVENTUALLY PERFORMED. Duplicate registraPons made by the same USER may also be cancelled.2.3. The USER who registers in the applicaPon using data from third parPes may incur the crimes of ideological falsehood, embezzlement, or other more serious crimes, and may respond civilly or criminally for such conduct, under the terms of the law. The USER is legally responsible for the veracity and authenPcity of the informaPon provided in the APPLICATION and during the use of the SERVICES, exempPng PUMP TRAINING from any responsibility in this regard.2.4. The USER may not indicate, register or use:(i) another person's username, without that other person's express permission, with the intent to impersonate the other person or to mislead other users about your idenPty; or (ii) a user name that is obscene and/or offensive to morals and good customs.2.5. It is the duty of the USER to ensure the safekeeping and confidenPality of his access password and to be responsible for all acts carried out under his ACCESSACCOUNT. The USER shall immediately noPfy PUMP TRAINING, via the e-mail v.minozzi@me.com, of any unauthorized access or any breach of security related to their ACCESS ACCOUNT that they become aware of. In these situaPons, the USER must immediately change his password.2.6. The USER's registraPon and password are personal and non-transferable, and the assignment, sale, rent or any other form of transfer of the ACCESS ACCOUNT is prohibited.3 - SERVICES AND PRICES3.1 The SERVICES made available to USERS are aimed at providing guidance and informaPon on how to improve their physical condiPoning, weight loss and gain or maintenance of good shape. However, the USER acknowledges that PUMP TRAINING does not guarantee weight loss or improvement in the USER's physical condiPoning and fitness. USER ACKNOWLEDGES THAT PUMP TRAINING IS NOT A MEDICAL ORGANIZATION. IN CASE OF CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, THE USER SHOULD CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL.3.2 ALL SERVICES ARE DIRECTED EXCLUSIVELY TO INDIVIDUALS WHO ARE HEALTHY ENOUGH TO PERFORM PHYSICAL EXERCISES, AND A MEDICAL CONSULTATION IS RECOMMENDED PRIOR TO CONTRACTING/USE OF ANY SERVICE. When using the SERVICES, the USER declares and guarantees that:a. A physician has NEVER told the USER that he has a heart condiPon or that he should only exercise under the supervision of a physician; b. The USER DOES NOT have/has had frequent or recent chest pains; The USER DOES NOT have frequent or recent episodes of dizziness, fainPng or feeling faint; c. A physician has NEVER told the USER that their blood pressure was high or have a family history of high blood pressure or are currently taking medicaPon to control their blood pressure or for heart problems; d. A doctor has NEVER told the USER that he has a bone or joint problem such as arthriPs, which has been aggravated by the pracPce of exercise, or which could be aggravated by them; and IS NOT KNOWN of any good physical reason, not menPonedin this statement, for the USER not to follow a physical acPvity program; f. The USER will stop pracPcing the exercises in case of pain or discomfort and will only resume them aZer consultaPon and medical approval; g. If applicable, USER is not pregnant or nursing;3.3 THE USER ASSUMES THE ACCURACY OF THE INFORMATION PROVIDED ABOVE AND DECLARES THAT HE IS IN FULL HEALTH CONDITIONS AND ABLE TO PERFORM PHYSICAL EXERCISES, WITHOUT ANY MEDICAL RESTRICTION TO SUBMIT TO A PHYSICAL TRAINING PROGRAM, AND ACKNOWLEDGES AND ASSUMES THE RISKS KNOWN, OR NOT , RELATED TO THE PRACTICE OF PHYSICAL EXERCISES, AT ANY LEVEL, AND, FOR SUCH REASON, ACKNOWLEDGES AND AGREES THAT THE PRACTICE OF THE PRESCRIBED EXERCISES INVOLVES RISKS TO THE USER'S PHYSICAL HEALTH.3.4 Please note that in order to fully uPlize some of the PUMP TRAINING SERVICES, machines and training equipment (such as an exercise machine, dumbbells or barbells) may be required. This equipment is not part of the PUMP TRAINING SERVICES and must be provided or purchased separately by the USER, at the USER's own expense.3.5 If you acquire the PUMP TRAINING SERVICES upon payment of a fee through the acquisiPon of the APPLICATION, billing will be carried out by the respecPve applicaPon store supplier (further informaPon in item 4).3.6 PricesFor more informaPon about the current prices and subscripPon model and the services that will be made available by PUMP TRAINING, the USER can consult the APPLICATION itself. All prices listed include applicable value-added tax.3.7 As a condiPon of using the SERVICES, the USER agrees to INDEMNIFY AND HOLD PUMP TRAINING, its representaPves, directors, partners, partners, employees and agents, harmless from any claims, lawsuits, losses, liabiliPes, damages and expenses, including reasonable aporney fees and court costs arising out of or related to: (i) breach by the USER of any of the USER's declaraPons, warranPes and obligaPons contained in these TERMS OF USE; (ii) any acts and omissions of the USER before, during and aZer the provision of the SERVICES, regardless of intent, including conductpracPced with negligence, imprudence or malpracPce; (iii) the contractual relaPonship established between the USER and other USERS or THIRD PARTY ADVERTISERS; (iv) damages, malfuncPons, defects, losses caused by the USER to other USERS or to the SERVICES.4. SUBSCRIPTION CONTRACTING SERVICES THROUGH THE APPLICATION (“IN APP PURCHASE”) OR BY E-COMMERCE4.1 The scope of services included in PUMP TRAINING and available for use depends on how the USER will use the SERVICES, whether for free or for a fee. If using it for free, the USER will only have access to some funcPons and basic informaPon of the respecPve service. A greater variety of funcPons will be available if you acPvate the respecPve content modules (such as the training rouPne) by paying a one-Pme fee or by subscribing to the respecPve PUMP TRAINING services.4.2 No amount will be charged to the USER during your free trial period. If the USER likes PUMP TRAINING, he does not need to do anything. When the free trial ends, USER's subscripPon will automaPcally begin and renew, and will be charged to your Apple account or your Google account. To avoid starPng or renewing your subscripPon, the USER must cancel the free trial or your subscripPon at least 24 hours before its expiraPon. The USER will be able to manage this in their App Store/Play Store subscripPon seqngs. By purchasing a subscripPon USER forfeits any unused period of the free trial.4.3 All USERS have access to free training and exercises in the PUMP TRAINING APPLICATION. USERS who purchase PREMIUM SERVICES will have access to unlimited training content. Your subscripPon and payment authorizaPon automaPcally begins 24 hours before the current subscripPon expires, unless canceled earlier. Renewal payment is due on the first day of the new subscripPon. The USER will be charged once per subscripPon through his ITUNES account or his GOOGLE account.4.4 The USER can use store credit to pay for their subscripPon, however, they must have a valid payment method on file at the Pme of purchase. The USER has the right tocancel his iniPal subscripPon within 14 days of starPng it. When purchasing, the USER accepts the PUMP TRAINING PRIVACY POLICY, TERMS AND CONDITIONS. By purchasing the subscripPon through the APPLICATION, the USER agrees to the TERMS AND CONDITIONS of the Apple App Store/Google Play Store.4.5 The ParPes acknowledge that the amounts charged for PUMP TRAINING, through authorized means (“PRICE”), do not include Internet access fees and payments, such as amounts for contracPng and maintaining data plans, mobile telephony, cable internet and other fees arising from this use, nor any other amount charged by authorized means, which are the sole responsibility of the USER.4.6 Any change in the PRICE previously authorized by the USER through the authorized means will be noPfied to the USER prior to billing.4.7 AddiPonal services for a one-Pme fee may be offered for a fixed period. They will be automaPcally suspended at the end of the term, without the need for cancellaPon.4.8 If there is a delay in the payment of the amount(s) due and/or any addiPonal payments foreseen due to subscripPons to contracted services, the subscripPon may be immediately interrupted and the contract considered terminated, reserving PUMP TRAINING the right to claim late payments due to default.4.9 Failure to use PUMP TRAINING does not imply the automaPc cancellaPon of the subscripPon to any of the SERVICES contracted, the USER being subject to regular billing, in the contracted modality, and the consequences of non-payment, provided for in these Terms of Use.4.10 The USER will only have access to the SERVICES contracted aZer proof of payment by the respecPve financial insPtuPon. Thus, the non-approval of payment due to lack of credit or any problem apributable to the USER or the financial insPtuPon will exempt PUMP TRAINING from granPng access to the SERVICES and any other obligaPons set forth in these Terms of Use.4.11 Taxes and other tax charges that are due, directly or indirectly, due to the amounts paid or received through these Terms of Use or due to their execuPon will be the responsibility of the taxpayer as defined in the tax rule, without the right toreimbursement.4.12 In the event that the purchase was made through online payment with the Play Store or Apple App Store, the deacPvaPon of conPnuity, as well as the request for a reversal, are the sole responsibility of the partners and will be subject to the rules and policies of each one.5. USER PRIVACYThe collecPon, use and processing of USERS' personal data are duly detailed in PUMP TRAINING's Privacy Policy (“PRIVACY POLICY”). RegistraPon informaPon and other informaPon about USERS are subject to the treatment defined in the PRIVACY POLICY. For more informaPon, please consult the "PRIVACY POLICY" document, available in the APPLICATION itself. This document consPtutes an integral and inseparable part of the TERMS OF USE and must be read carefully by all USERS.6 - THIRD PARTY SERVICESThe applicaPon may include links to other websites, applicaPons or pla`orms. We do not control third party websites, and we are not responsible for the content and other materials included on those websites. We make these available to you and maintain all of our services and funcPonality on our website.7 - PROHIBITED USES AND INTELLECTUAL PROPERTY7.1 PUMP TRAINING is the sole and exclusive licensee and/or holder of all intellectual property rights over the SERVICES, including their brands, logos, domain names, layouts, visual configuraPons, designs, patents, industrial designs, texts, graphics , works, images, videos, among others (“PUMP TRAINING INTELLECTUAL PROPERTY”). The USER is aware and agrees that PUMP TRAINING'S INTELLECTUAL PROPERTY may never be used without PUMP TRAINING's prior express authorizaPon, as the case may be. The mere access and use of the APPLICATION does not grant the USER a license touse PUMP TRAINING'S INTELLECTUAL PROPERTY.7.2 By downloading the APPLICATION, PUMP TRAINING grants the USER a limited, non- exclusive, non-transferable license to download and install a copy of the APPLICATION and to run that copy of the APP solely for their own personal use.7.3 THE USER MUST NOT:a) license, sublicense, sell, resell, transfer, assign, distribute, commercially exploit or otherwise make the SERVICES available to third parPes in any form; b) modify or create derivaPve works based on the SERVICES; c) create internet "links" to the SERVICES or "frame" or "mirror" any applicaPon on any other wired or wireless server or internet- based device; d) reverse engineer or access the SERVICES to design or create a compePPve product or service, design or create a product using similar ideas, features, funcPons or graphics from the SERVICES or copy any ideas, features, funcPons or graphics from the SERVICES, or create an automated program or script, including but not limited to web spiders, crawlers, internet robots, web ants, web crawlers, bots, viruses or worms, trojans, or any program that may make mulPple server requests per second, or unduly overload or hinder the operaPon and/or performance of the SERVICES; e) send spam or otherwise duplicate or unsolicited messages in violaPon of applicable laws; f) send or store material that is obscene, threatening, defamatory, unlawful or libelous, including material that is harmful to children or violates the privacy rights of others; g) send or store material that contains soZware viruses, worms, trojan horses (trojans) or any other computer code, harmful files, scripts, agents or programs; h) interfere with or interrupt the integrity or performance of the SERVICES, or the data contained therein; or i) apempt to gain unauthorized access to the SERVICES.7.4 PUMP TRAINING shall have the right to invesPgate and prosecute breaches of any of the above to the fullest extent of the law. PUMP TRAINING may engage and cooperate with legal authoriPes to prosecute USERS who violate these TERMS OF USE.7.5 The use of any PUMP TRAINING INTELLECTUAL PROPERTY is prohibited, includingfor commercial, adverPsing, editorial or any other purpose that goes against the reality for which it was conceived, as provided in this document. The reproducPon, distribuPon, disclosure, adaptaPon, modificaPon, ediPon, availability in any means of communicaPon or any use, total or parPal, of the INTELLECTUAL PROPERTY OF PUMP TRAINING are also prohibited.7.6 PUMP TRAINING respects copyright laws and expects its USERS to do the same.7.7 PUMP TRAINING individually (and its licensors, as the case may be) shall have all right, ownership and interest, including all related intellectual property rights, in and to the SERVICES, and any suggesPons, ideas, requests for improvement, comments, recommendaPons or other informaPon provided by you or any other party relaPng to the SERVICES.7.8 These TERMS OF USE do not consPtute a sale and do not convey to you any ownership rights in or relaPng to the SERVICES or any intellectual property rights held by PUMP TRAINING. The name, logo and product names, text, code, graphics, logos, images, videos, soZware used in the PUMP TRAINING applicaPon associated with the SERVICES are trademarks of PUMP TRAINING, its affiliated companies or third parPes, and no right or license is granted to use them.8. EXCLUSION OF GUARANTEES AND RESPONSIBILITIES8.1 PUMP TRAINING USES THE BEST AND MOST MODERN TECHNOLOGIES IN ITS SERVICES FOR THE SAFETY OF ITS USERS. HOWEVER, DUE TO OPERATIONAL ISSUES, SERVICE OUTSOURCING, THE APPLICATION MAY BE SUBJECT TO EVENTUAL INTERRUPTION PROBLEMS, TECHNICAL FAILURE AND TEMPORARY OPERATION UNAVAILABILITY. WHEN REASONABLY POSSIBLE, PUMP TRAINING WILL ADVISE ITS USERS OF INTERRUPTIONS IN THE OPERATION OF ITS APPLICATION.8.2 PUMP TRAINING DISCLAIMS ANY RESPONSIBILITY FOR DAMAGES OF ANY KIND THAT MAY RESULT FROM THE LACK OF AVAILABILITY OR CONTINUITY OF THE SERVICES.8.3 PUMP TRAINING IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS WITH THE SENDOF INFORMATION OR ADVERTISING CONTENT THAT HAVE NOT BEEN SENT BY PUMP TRAINING, WHETHER OR NOT REQUESTED BY THE USER (SPAM).8.4 PUMP TRAINING IS NOT RESPONSIBLE FOR ANY DAMAGE OR INJURY TO THE USER ARISING FROM THE USE BY THE USER OF ANY INFORMATION OR PROGRAM MADE AVAILABLE THROUGH THE SERVICES, INCLUDING DAMAGE TO THE USER'S PHYSICAL AND MENTAL HEALTH, PHYSICAL INJURIES OR ILLNESSES.8.5 PUMP TRAINING IS NOT RESPONSIBLE FOR ANY CASE IN WHICH A SYSTEMIC ERROR OCCURS THAT ALTER DATA OR INFORMATION REGARDING THE SERVICES, INCLUDING THE PRICES INFORMED IN THE APPLICATION.8.6 WE HIGHLIGHT THAT PUMP TRAINING IS NOT RESPONSIBLE FOR EVENTUAL CREDIT DISAPPROVAL AT THE TIME OF PURCHASE THROUGH ONE OF THE AUTHORIZED MEANS, BECAUSE THESE ARE PROCEDURES BY THE AUTHORIZED MEANS AND/OR THE CREDIT CARD ADMINISTRATOR USED BY THE USER AT THE TIME OF PURCHASE. WE ALSO INFORM THAT PUMP TRAINING IS NOT AWARE OF THE REASON FOR CREDIT DISAPPROVAL AND OTHER REASONS FOR POSSIBLE REPROVAL. IF YOUR PURCHASE IS DISAPPOINTED FOR THESE REASONS, PLEASE CONTACT THE ADMINISTRATION OF THE CARD USED AT THE TIME OF PURCHASE OR THE AUTHORIZED MEANS OR THE VIRTUAL STORE TO SOLVE THIS INCIDENT.8.7 FURTHERMORE, PUMP TRAINING IS NOT RESPONSIBLE FOR ANY DAMAGE, INJURY OR LOSS IN THE USER'S EQUIPMENT CAUSED BY FAILURES IN THE SYSTEM, IN THE SERVER OR IN THE CONNECTION ARISING FROM THE CONDUCT OF THIRD PARTIES, INCLUDING THE ACTIONS OF MALICIOUS SOFTWARE SUCH AS VIRUSES, TROJANS, AMONG OTHERS , WHICH MAY, IN ANY WAY, DAMAGE THE USER'S EQUIPMENT OR CONNECTION AS A RESULT OF ACCESSING, USE OR NAVIGATION IN THE APPLICATION, AS WELL AS THE TRANSFER OF DATA, FILES, IMAGES, TEXTS, AUDIOS OR VIDEOS CONTAINED THEREIN.8.8 PHOTOS, VIDEOS AND IMAGES USED IN THE SERVICES ARE MERELY ILLUSTRATIVE AND MAY NOT REFLECT THE REALITY.8.9 IN ALL PROMOTIONS AND PARTNERSHIPS, THE DISCOUNTS WILL NOT BECUMULATIVE, THAT IS, IN THE FACE OF TWO OR MORE PROMOTIONS OR DISCOUNTS, YOU WILL HAVE TO CHOOSE THE ONE THAT BEST SUITS YOU, EXEMPTING PUMP TRAINING FROM ANY RESPONSIBILITY IN THAT SENSE.9. SPECIAL ACTIONS AND PROMOTIONSPUMP TRAINING offers a variety of sales acPons and promoPons as reward programs. PUMP TRAINING USERS will learn about the campaign through the newsleper and will be regularly informed about its status. AcPons and/or promoPons are not an integral part of Pump Training services and are generally for a limited Pme only. For acPons, there are separate and specific terms and condiPons. If we offer a discount off the price of a one-Pme addiPonal service or subscripPon as part of such a deal, sale, or promoPon, that discount generally only applies to the minimum contract period. When the subscripPon is automaPcally extended, you will be charged the full subscripPon price. We will provide all informaPon on this topic before accepPng the contract.10. MODIFICATIONS TO THIS DOCUMENT10.1 PUMP TRAINING reserves the right, at its sole discrePon, to modify or replace these TERMS OF USE, or change, suspend or disconPnue the SERVICES (including, but not limited to, the availability of any resource, database, or content) at any Pme by posPng a noPce on the APPLICATION or via the Instagram page (hpps:// www.instagram.com/pump.training/) or by sending you a noPce through the SERVICES or via email. PUMP TRAINING may also impose limits on certain SERVICES or restrict your access to parts or all of the SERVICES without noPce or responsibility.10.2 If the USER does not comply with the new rules, he must immediately cease using THE APPLICATION and the SERVICES.10.3 By conPnuing to access the APPLICATION or using the SERVICES aZer the changes have taken effect, the USER automaPcally agrees with the content of the changes made. Therefore, you understand that you should regularly check for any changes to the TERMS OF USE.📷 📷11. CANCELLATION11.1 The USER may cancel the SERVICES contracted through his account in the Apple App Store and/or in his Play Store account.11.2 PUMP TRAINING may, at its sole discrePon, noPfy, suspend or cancel, temporarily or permanently, the access of a USER, at any Pme, and take the appropriate legal measures if: (i) the USER violates any of the declaraPons, guarantees and obligaPons of the USER contained in these TERMS OF USE or any policies and rules adjacent thereto; (ii) the USER commits fraudulent or malicious acts; or (iii) BTFIT understands, at its sole discrePon, that the USER's acPviPes and aqtudes have caused or may cause damage to third parPes or to PUMP TRAINING itself. The USER will not be enPtled to any indemnity or compensaPon for the cancellaPon or suspension of his access account.11.3 The cancellaPon of the USER's access to the SERVICES or the disconPnuity of its provision by PUMP TRAINING may result in the immediate loss of all USER informaPon related to the registraPon and access account, already available in the APPLICATION. The USER will not be enPtled to any indemnity or compensaPon for the loss of this informaPon.12. GENERAL PROVISIONS12.1 The tolerance of any non-compliance with any of the clauses and condiPons of this instrument will not consPtute novaPon of the obligaPons sPpulated herein, nor will it prevent or inhibit their enforceability at any Pme.12.2 The USER expressly authorizes PUMP TRAINING to make contact through the electronic mail (e-mail) provided in the registraPon of the ACCESS ACCOUNT, noPng that the main means of informaPon for the USER is the APPLICATION.12.3 The SERVICES and any promoPons carried out therein are based on the official Pme zone in Brazil.12.4 PUMP TRAINING is authorized to transfer or assign, in whole or in part, its rights and duPes arising from this TERM OF USE.13 - COMPLAINTSWe are commiped to resolving any complaints about how we collect or use your personal data. If you would like to make a complaint about these Terms or our pracPces regarding your personal data, please contact us at: contact@pumpapp.com.brWe will respond to your complaint as soon as we can and in any case within 30 days.We expect to resolve any complaint that is brought to our apenPon, however, if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protecPon supervisory authority.14 – CONTACT INFORMATIONWe appreciate your comments or quesPons about these Terms. You can contact us in wriPng at contact@pumpapp.com.br15. FINAL PROVISIONS15.1 Applicable lawThe relaPonship between the parPes is exclusively governed by Brazilian law.15.2 VenueAny divergences arising out of or related to this contract will be governed andinterpreted by the Brazilian courts. 15.3 Language of the contractThe language of the contract is English.📷 📷15.4 Autonomy clauseIf any individual provisions of these General Business Terms and CondiPons are or become invalid, in whole or in part, this fact will not affect the validity of the remaining provisions.16. SUPPLIER INFORMATIONStorhet Apps M.E. (individual micro-entrepreneur)Corporate name: Vinicius Araujo MinozziAddress: Rua Anhanguera, 436, apto.105, Bloco B – Barra Funda/SP - Brazil CEP: 01135-000CNPJ No.: 24.855.742/0001-67Email: contact@pumpapp.com.brEconomic acPvity: 6201-5/01 - Development of custom computer programs.I accept the terms and condiPons set out in the Terms and CondiPons.