REGULATIONS KETTLO MOBILE

These Regulations (Regulations) set out the terms and conditions for the use of the "KETTLO MOBILE" mobile application owned by Jakub Zielinski conducting business activity under the name MC Jakub Zielinski with registered office in Lublin (Poland), 20 Śliwkowa Street, 20-141 Lublin, NIP: 946-180-70-47

KETTLO MOBILE allows you to explore third-party offers to purchase training plans captured on video and to train under the guidance of an online trainer of your choice. KETTLO MOBILE provides the functionality with which you can easily and conveniently search, select parameters and dates and then purchase the services currently offered by third parties (Personal Trainers) for the purchase of Training Plans.

§ 1 
DEFINITIONS

Price of the Coaching Service - the total price that the User is obliged to pay to the selected Coach for the selected and purchased Coaching Service, which also includes the KETTLO MOBILE Commission for using KETTLO MOBILE and entering into a contract with the selected Personal Trainer and the payment operator's commission; MC - entrepreneur Jakub Zielinski conducting business activity under the name MC Jakub Zielinski with registered office in Lublin (Poland), 20 Śliwkowa Street, 20-141 Lublin, holding tax identification number: 9461807047, whose property is KETTLO MOBILE software. Guest - an individual using KETTLO MOBILE who does not have a User Account or is not logged in to KETTLO MOBILE and has downloaded the KETTLO MOBILE application; Consumer - a natural person performing activities in KETTLO MOBILE which are not directly related to his/her economic or professional activity - pursuant to Article 22(1) of the Civil Code; User Account - the functionality of the KETTLO MOBILE application which, after prior registration in the KETTLO MOBILE application by the person interested in acquiring Coaching Services, enables the use of the current functionality of the KETTLO MOBILE application as a User; Trainer Account - functionality of the KETTLO MOBILE application which, after prior registration in the KETTLO MOBILE application by a person interested in offering Trainer Services, enables the use of the current functionality of the KETTLO MOBILE application as a Trainer; KETTLO MOBILE - software adapted to be stored in the memory of Mobile Devices, being a tool dedicated to the provision of the KETTLO Services, by means of which the User/Trainer may use the Coaching Services/KETTLO MOBILE Services on the terms and conditions described in the Terms and Conditions; Offer - a proposal to conclude an agreement with a KETTLO MOBILE User concerning a Training Service on terms and conditions determined by the Trainer in each case, including, among others, the price, the duration of the Training Plan (7,14, 21, 30 days) which is made available using the KETTLO MOBILE functionality; Fee - the fee payable to MC by the Trainer for providing the Trainer with full functionality to KETTLO MOBILE including enabling the creation of Offers and sale of Trainer Services. The amount of the Fee is indicated in the price list constituting Appendix 4 to the Regulations. Workout Plan - an individualised workout plan offered by the Trainer as part of KETTLO MOBILE and the Training Services offered, for specific muscles, purchased for a fixed period of time (7,14, 21, 30 days) for the price indicated in each case; Commission - the fee charged by the payment operator's system for the completion of the transaction for the purchase of the Coaching Service between the User and the Coach. Regulations - these KETTLO MOBILE Regulations. Force majeure - any extraordinary external event that cannot be reasonably resisted or prevented, in particular such as wars, floods, fires, natural disasters, volcanic eruptions, terrorist attacks, strikes, lockouts, bankruptcy of service providers, as well as successful hacking attacks on the Internet or computer viruses preventing the proper provision of Subscription - Subscription shall be understood to mean a paid access service (at the price indicated in the Price List) to the full functionality of KETTLO MOBILE (at intervals specified in KETTLO MOBILE, e.g. 1 month), available exclusively for Trainers, providing, inter alia, the Offering of Trainers' Services to Users; Content - all content published or made available in KETTLO by the User/Trainer (also through external operators, e.g. Vimeo), in any form, in particular audiovisual, textual, graphic, photographic and audio content, regardless of whether it constitutes works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights; Trainer - natural persons who are at least 18 years of age and have full legal capacity, in accordance with the provisions of generally applicable law and subject to the rules provided for them, who, after prior registration with KETTLO MOBILE, are given the opportunity to prepare and submit an Offer for Trainer Services within the KETTLO MOBILE application. Where national legislation provides for the attainment of the age of majority or limited legal capacity at a different age, national legislation shall apply in this respect; Mobile Device - a portable electronic device that allows data to be processed, received and sent without maintaining a wired connection to the Internet, e.g. a smartphone (Mobile Device); KETTLO MOBILE Services - the entirety of the factual activities performed within the KETTLO functionality, the purpose of which is to enable the Coach to offer Coaching Services and the User to purchase Coaching Services offered by Coaches. Coaching Service - offers offered in KETTLO MOBILE for the provision of services offered by Coaches for the purchase of personalised training plans according to parameters strictly selected by the User, offered within the functionality of KETTLO MOBILE, which can be purchased by the User by placing an Order and paying the price; User - natural persons who are at least 18 years of age and have full legal capacity, in accordance with generally applicable law and subject to the rules provided for them. If national legislation provides for the attainment of full or limited legal capacity at a different age, the national rules shall apply in this respect; Order - a statement made by the User via KETTLO MOBILE concerning acceptance of an Offer of Coaching Services provided by Trainers according to parameters individually selected by the User within the offered functionalities of KETTLO MOBILE (experience of the Trainer, interesting range of exercises, etc.); Order Confirmation - information sent to the User's KETTLO MOBILE registered email address indicating the details and parameters of the Coaching Service ordered by the User.

§ 2 
GENERAL PROVISIONS

The Terms and Conditions set out the rules for the provision of services through the KETTLO MOBILE mobile application, which consist of: on viewing the contents of KETTLO MOBILE by visitors; on the creation of a User account and enabling the use of certain KETTLO MOBILE functionalities; on creating a Trainer account and enabling the use of certain KETTLO MOBILE functionalities; on enabling Coaches to purchase Subscriptions and gain access to submit Offers for Coaching Services provided by Coaches; on enabling the User to take factual action to accept the Offer and to conclude contracts with Coaches for Coaching Services by placing an Order, use the other functionalities of KETTLO MOBILE. KETTLO MOBILE posts offers from Trainers for Coaching Services offered by Trainers. KETTLO MOBILE enables the User to purchase these Coaching Services. Offers of Trainers placed in KETTLO MOBILE do not constitute an offer by MC to provide the services indicated therein within the meaning of the Civil Code (except where expressly indicated as a service of MC). MC does not provide Coaching Services unless this is clearly indicated in the Offer by indicating that a particular Offer is made by MC. MC is not able to verify the presented Trainers' offers. If the User has any doubts about the Coach's Offer, the User should immediately contact MC. In the event of any doubt about a posted Coach Offer, the User should refrain from purchasing the relevant Coach Service. The User should immediately report the comments to MC. MC has no influence whatsoever in determining or controlling the pricing of Coaching Services presented in KETTLO MOBILE with the exception of the Fee payable by the Coach. The functionality of KETTLO MOBILE prevents Bids above a certain price of PLN 200/50USD/50/EUR/40GB/. The above does not apply to possible restrictions on minimum/maximum prices by payment system operators. In the event that payment system operators introduce relevant restrictions on the minimum/maximum price, the Trainer is obliged to comply with such restrictions. MC informs that each agreement concerning the Coaching Service offered by a Coach selected by the User is concluded by the User with the Coach. MC's action comes down to sending, via KETTLO MOBILE, to the given Coach the User's statement about the wish to use the Coaching Services. All contracts concluded with Trainers offering Training Services based on KETTLO MOBILE are concluded and executed on the basis of the specific terms and conditions of the respective Offering (price, scope of exercise, Training Plan period, etc. ) based on the functionality of KETTLO MOBILLE. KETTLO MOBILE shall each time provide the User with the details of the Coach and the specific terms and conditions of the purchased Coaching Service. The terms and conditions of the Coaching Service shall be communicated to the User at the time of purchase of the respective Coaching Service and are each time available in the KETTLO User Panel. For enabling the sale of Coaching Services within KETTLO MOBILE, the Coach is obliged to pay MC a Fee for the relevant KETTLO MOBILE access purchase period (Subscription). The use of KETTLO MOBILE by the User/Trainer requires that the User/Trainer first accepts the terms and conditions of these Terms and Conditions and undertakes to comply with them. Acceptance takes place when the Application is launched. Any change to the Terms and Conditions for the use of KETTLO MOBILE shall be made in accordance with the terms and conditions set out in these Terms and Conditions. By accepting the Terms and Conditions, the User/Trainer of KETTLO MOBILE enters into an agreement with MC̨ for the provision of services electronically (using KETTLO) for an indefinite period of time and to the extent under the terms and conditions set out in the Terms and Conditions and agrees to store the following data on his/her device: information regarding acceptance of the Terms and Conditions and consents to the processing of personal data for the purpose of providing services by KETTLO; User data such as (first and last name, e-mail address, date of birth); the Coach's data (name, e-mail address, date of birth); If you do not accept the Terms and Conditions, you will not be able to use KETTLO MOBILE to its full extent. Before using the KETTLO MOBILE Coaching Service, you must be aware of your health condition. It is recommended that you consult your health condition with your doctor before using the Coaching Service, in order to exclude contraindications to the purchased training plans (Coaching Services) .

§ 3. INSTALLATION OF KETTLO MOBILE

KETTLO MOBILE is available for download via the online Google Play shop (for Android deviceś) and the App Store (for Apple deviceś with IOS). Use of KETTLO MOBILE is possible on devices running operating systems no lower than Android 5.0 and newer and iOS version 12.4 and newer. A stable internet connection is required for proper and fully functional KETTLO MOBILE operation. In order to install the Application, it must be downloaded from one of the aforementioned online shops (in Google Play, or the App Store). The use of the Application is free of charge. The User/Trainer may incur costs for the connection of KETTLO MOBILE to the Internet according to the tariff of his/her mobile operator. MC reserves the right to introduce updates to KETTLO. The latest version of KETTLO MOBILE will be posted on the online app shop specific to the operating system of the Mobile Device. The full functionality of KETTLO MOBILE will be available in the latest version of KETTLO MOBILE and therefore the User/Trainer acknowledge that not having the latest version of KETTLO MOBILE may not provide the full functionality and guarantee all features that KETTLO provides. By downloading KETTLO MOBILE you agree to download and install available software updates.

§ 4 REGISTRATION AND LOGGING

For full functionality of KETTLO MOBILE including offering Coaching Services as a Coach or purchasing Coaching Services as a User, full registration with KETTLO MOBILE is required. Additionally, in the case of a Coach, the prerequisite to start posting Offers is the creation of a Stripe account and the purchase of paid access to KETTLO MOBILE. Registration in KETTLO MOBILE enables the creation of a User/Coach account, which is a prerequisite for using the full functionality of the services offered by the KETTLO application. KETTLO MOBILE functionality prevents the creation of a User account and a Trainer account with the same email address. Registration with the KETTLO MOBILE application constitutes the conclusion of a User/Trainer Account Service Agreement. When KETTLO MOBILE is first launched, a choice is made as to whether the User/Trainer will register for KETTLO or use KETTLO as an unregistered User/Trainer. The registration process takes place in two stages. The extent of the data to be indicated depends on whether the registration is for a User or a Trainer. In the first stage of registration, the User/Trainer is asked to provide: name e-mail address; dates of birth; create an individual password to be used to log in to KETTLO MOBILE; gender (female/male) Account type; acceptance of the Rules of Procedure and Privacy Policy; consent to the processing of personal data. and then, after entering the above-mentioned data, the User/Trainer is obliged to click on the "Register" button. Once the above data has been entered correctly, an activation link is sent to the email address provided by the User. After activation of the link, the User/Trainer is obliged to complete additional data, the extent of which depends on the type of User/Trainer account. (ATTENTION: If the User/Trainer fails to complete the data within 30 days from the date of registration in the first step, the User/Trainer data will be deleted from the KETTLO MOBILE system) In the case of registration of a User account, the User should provide in the second step: gender nickname, country, training objectives (elective) - optional, exercise venue (home/gym), system of measurements, weight, growth In the case of registration of a Trainer's account , the Trainer should provide in the second step: nickname; country; system of measurements; languages of the Trainer (at least 1, maximum 3); filling in the ('about me') tab (separately in each chosen language); placement of the Coach's welcome video (separately in each chosen language); indication of the Coach's experience (in years); indication of certificates - optional; link to facebook profile - optional; link to instagram profile - optional; to indicate whether he/she is registering as a trader or as a natural person. The User/Trainer Account Service Agreement with regard to the establishment and use of the User/Trainer Account is concluded at the time of activation of the User/Trainer Account, which occurs when the activation link contained in the email confirming the registration of the User/Trainer Account is clicked. The User Account service is provided free of charge for an indefinite period of time. The User/Trainer may terminate the User/Trainer Account Service Agreement at any time, without stating a reason and without incurring costs, by sending the MC via e-mail to: kontakt@kettlo.com a request to delete the User/Trainer Account. The user has the possibility to delete the account from KETTLO MOBILE from the profile level - "delete account". In the case of a Trainer who has previously registered, entered Offers for his/her Services and sold a Trainer Service, the termination of the Trainer Account Service Agreement may not take place until all Trainer Services purchased by the Users have been completed/performed. The information provided in the registration form should be truthful and up-to-date. Logging into KETTLO MOBILE takes place: in the classic manner, i.e. directly from the KETTLO MOBILE application by entering your login and password, using Google and Facebook accounts and using your Apple account. KETTLO MOBILE provides the functionality to log in to KETTLO MOBILE via automated solutions, the User/Trainer's mobile device when previously enabled (biometric data resides on the device and is not shared with KETTLO MOBILE). The use of automated solutions, in particular login prompt software, is at the risk of the User/Trainer using such software. KETTLO MOBILE allows you to restore and change your password via an activation link sent to your registered email address. The procedure for changing the password is indicated each time in the password change link sent. Registration is made on a one-off basis. MC reserves the right to remove the User from KETTLO MOBILE, in the event that the User/Trainer has not been active in any way within a period of 12 months from the date of registration. Complaints regarding the provision of User/Trainer account services may be made in accordance with the provisions of the Terms and Conditions. The User/Trainer is obliged in particular to: keep the login and password to his/her User/Trainer account confidential within the limits of the generally applicable laws. The User is responsible for all activities connected with the use of the login and password for the given User Account, whereas the password constitutes confidential information for the exclusive information of the Client; use KETTLO MOBILE in a manner that does not disrupt the operation of KETTLO, in particular through the use of specific software or devices; use of the User Account in a manner that is consistent with the laws in force in the Republic of Poland, with the provisions of the Terms of Use and with customary practice in the relevant area; to use KETTLO MOBILE in a manner that is not disruptive to other Users/Trainers, respecting their personal rights (including their right to privacy) and other rights to which they are entitled; to use any content on KETTLO MOBILE solely for your own personal use. If the User/Trainer violates the provisions referred to in paragraph 19 above, MC may terminate the Agreement for KETTLO MOBILE Services with 14 days' notice. MC may give the User/Trainer notice of termination of the KETTLO MOBILE Service Agreement via e-mail to the e-mail address currently registered in KETTLO MOBILE. There is a prohibition on the transfer of rights to the User/Trainer Account. The disposal of the right to a KETTLO MOBILE User Account requires the consent of MC.

§ 5 KETTLO MOBILE functionalities

The functionality of KETTLO MOBILE depends on whether the User/Trainer has registered with KETTLO or is a so-called Guest, i.e. a non-registered user, and then whether they register as a User or as a Trainer. In the case of registration as a User, KETTLO MOBILE offers different functionality than is the case for a Trainer. This is due to the nature of the activities performed as a Trainer and as a User. For the Visitor, KETTLO MOBILE provides a view of training preferences. The Visitor has a limited view of the training plans offered in a number of categories and can filter the training plans offered by the data of registered Trainers and the parameters of the training plans. In addition, the Visitor can search for Trainers and view Trainer profiles.

Features of KETTLO MOBILE for Trainers (free version)

After registering with KETTLO MOBILE as a Trainer, the Trainer gains access to the full functionality of KETTLO MOBILE, within which he/she gains access: to modify the following modifiable data in addition to that used for account registration in the first stage (e.g. name, date of birth); to the Coach's profile builder where he/she can enter a photo and information about his/her achievements, certificates, "about me" tab to a wizard of exercises distinguished in the trainer's chosen languages. Exercises have ą 2 video: execution and instruction, description (including choice of language), equipment needed to perform the exercise. The exercises created by the trainer are assigned̨ to the muscles marked on the 3D model of a human being, including the primary and secondary muscles; to a training wizard consisting̨ of any configuration of exercises. Each exercise may consist̨ of exerciseś called series. A series is defined as multiple repetitions of the same exercise one after the other. Intervals are defined between sets. Intervals are included between exercises comprising a series. Interval lengths arę editable. Exercises can be performed for time or for the number of repetitions. For each series of exercises for the number of repetitions, the system allows the user to enter a load proposal. Load calculation is the result of the progression option selected by the Trainer in the training creation process and automatic algorithms. to the trainer's training plan creator. The workout plan creation screens consisting̨ of the process of selecting the length of the plan and the level of difficulty usę a repository of exerciseś and workouts and are integrated̨ with the workout plan pricing wizard. In the process, the Coach provides the training days in the training plan planning calendar. When a training plan is purchased by the User, the training calendar set by the Coach synchronises̨ with the User's calendar as to the training days. to Trainer Sales Statistics indicating: number̨ of training plans sold, number of Users, revenue, number of followers (Users/Trainers); to the process of creating a Coach's bank account using the electronic payment provider Stripe. In the process of registering a Coach's account, once the Coach has provided an email address, the Coach receives an email with a link to create and activate a Stripe account. The entire process of creating a Stripe account follows Stripe's terms and conditions. The Coach's Stripe account will be integrated into the Coach's KETTLO MOBILE account. Stripe can usé a multi-step account registration process with account setup and activation links. In the process of creating a Stripe account, the Trainer provides his/her personal data required by Stripe as well as his/her bank account number to which he/she will be able to make withdrawals from his/her Stripe account of the funds received through the sale of Trainer Services via KETTLO MOBILE. In view of the foregoing, Stripe will accept proceeds from the sale of KETTLO MOBILE Coaching Services in the currency of the coach's account. In the event of purchases in another currency, Stripe will automatically convert between currencies, at Stripe's exchange rates. to the Trainer's Training Plan Pricing Wizard offered in KETTLO. Once all the requirements for setting up and activating the Stripe account have been met, the trainer can create training plan prices in his/her currency (PLN, EUR, GBP, USD) for training plans with lengths: 7, 14, 21, 30 days. If the Trainer does not enter a price, the system will prevent the creation of a training plan with a length for which a price has not been defined. The base price accepted for KETTLO MOBILE is expressed in Polish Zloty. KETTLO MOBILE allows you to create the price of an offer in other foreign currencies i.e. EUR, GBP, USD. Prices in foreign currencies are converted based on external indices. MC does not obtain any benefit related to the applied exchange rate. MC informs that the exchange rates adopted for converting the Offer may be less favourable for the User/Trainer than the rates adopted by other entities of the financial market. for summary or monthly statistical charts with monthly periods: 1, 6, 12, all. The graphs relate tǫ: a) Number of training plans sold, b) Amounts received for training plans sold obtained in the currency of the trainer, c) Number of Users (clients of the trainer), d) Number of followers; to the Trainer's wallet allowing a view of the transaction history (based on data from Stripe) related to the purchase of training plans, proceeds from the sale of training plans and withdrawals to the trainer's bank account.

KETTLO MOBILE functionalities for Trainers (SUBSCRIPTION PAID version)

IN THE CASE OF THE PURCHASE OF PAID ACCESS TO KETTLO MOBILE, IN ADDITION TO THE FUNCTIONALITIES INDICATED ABOVE IN POINTS. 3 a-b the Trainer additionally has access to:

to make training plans available for sale. A trainer with an active paid subscription can make plans available for sale. If a trainer has training plans made available for sale and does not have an active paid subscription, these plans do not display as made available for sale and users cannot buy them until the trainer has again purchased a paid subscription and made the plans available for sale.

User functionalities

After registering with KETTLO MOBILE as a User, the User gains access to the full functionality of KETTLO MOBILE, which includes: to modify the following modifiable data in addition to that used for account registration in the first stage (e.g. name, date of birth; to select their training preferences - the User is provided with the functionality of filtering Trainers in terms of their: gender, country, languages, categories of training plans, subcategories of training plans, rating, number of clients, number of total plans, price. On this basis, it is able to tracḱ the activity of a given Trainer. By selecting a given Trainer from the list, the User gets acquainted̨ with his/her offer. The trainers' training plans arę represented in terms of training types, muscle range. A 2D/3D human model is also used for filtering: female / male, front view, rear view. The user can select́ multiple muscle areas on the 2D/3D model and ways of sorting the results against the selected parameters. to KETTLO MOBILE settings - Configuration of notifications, interface language, content languages; to system notifications. Notifications can̨ be system and application-based. System notifications are push notifications (these are short messages displayed on the device screen). App notifications are the notifications displayed in the 'Notifications' tab in KETTLO MOBILE The app user gets different types of notifications depending on the event that occurred in the app (e.g. new workout category, workout reminder, achievement gained). to search for training plans offered by Trainers. The customer uses an advanced plan search module, which includes filtering by: price (NOTE: training prices are displayed in the currency provided by the user (from among the currencies available in KETTLO MOBILE). Prices are calculated from categories, subcategories, languages, ratings, level of difficulty (one of 3), length of the plan (7, 14, 21, 30), number of trainings. to purchase training plans (Coaching Service). The offered training plans of a given Coaching Service are offered on days as workouts: 7, 14, 21, 30 days. The training time is calculated from the beginning of the reproduction of the purchased training. You can perform any workout from the Workout Plan for the duration of the Workout Plan availability. Access to the Workout Plan expires after a set period of time: 7, 14, 21, 30 days. The system takes time zones into account. NOTE: The Training Plan is activated for a period of time chosen by the User (7,14,21, 30 days) and this period includes the number of consecutive days chosen by the User. The above means that, for example, if the User purchases a 7-day Training Plan, it will be active for the User for the next 7 days counting from the day of the first reproduction of the purchase of the Training Plan). to a dedicated video player enabling - the playback of the purchased training plan from the Trainer and the execution of the exercises included in the training plan. Exercises are performed using ą dedicated exercise playeŕ containing play, pause, stop buttons. The timer counts down the time remaining until the end of the exercise. The user indicates whether the exercise was performed as prescribed, for example, whether the user completed the recommended number of repetitions. Each exercise result is memorised by the KETTLO MOBILE system. For selected exercises, the system can suggest loads. The user's achievements in the training process are stored in the system and serve to predict load selection for new users. The selection of parameters is an algorithm suggesting loads as a function of: the progress defined in the training plan by the Trainer, the User's progress during the implementation of exerciseś for a given body part, a decision-making algorithm based on machine learning. to rate the Trainer's training plan - After each training plan is completed, the User has the opportunity to rate the Trainer in several categories from 0 to 5 stars and to comment on the training plan. The Coach has the option to respond to the comment. An average rating is calculated from the component ratings. The ratings are displayed in the training plan search engine. Completion of a training plan by the user results in the awarding of experience level points and achievements for goals defined in the system. access to the camera and photo gallery for Users. KETTLO MOBILE allows the insertion of photos into users' galleries (NOTE! MC reminds you that the insertion of any Content via KETTLO MOBILE means that you grant MC permission to use the Content under the conditions indicated in these Terms of Use, including the right to use the image of the persons captured in the Content); Photos visible in KETTLO MOBILE, havę three types of permissions: a. Private - not visible in the application to other users. b. Public - visible to other Users/Trainers c. Hybrid - visible to users observed by the User. access to information about the experience level of Users and their achievements. The data is̨ public and visible to all KETTLO MOBILE Users/Trainers. Experience level is calculated by algorithms implemented in the system. access to achievement sharing options. Users are able to share their achievements on social media sites Facebook and Instagram, etc. from within KETTLO MOBILE. Achievement descriptions are generated in the app's primary languages and ready for social media posting/social media integration functionality (Facebook, Google, Instagram). The user can create content to be published on the indicated social media. As content, he specifies the possibility to publish: photos, information about awards received, description of the training process; to the User's calendar with information on Workouts, including Workouts implemented by the User's Coach. The calendar provides the functionality of information on completed workouts and days scheduled for workouts linked to the notification modeĺ. You can add́ custom events to the calendar; to the Coach observation function. The module involves subscribing to favourite Trainers and Users. There is a list of people being observed. Social functions for observing Users. KETTLO MOBILE interface supports 8 languages: Polish, English, German, Spanish, Portuguese, French, Italian and Russian. The language support options offered are dynamic meaning the User/Trainer can change the language of the KETTLO MOBILE interface at any time and select a different language from those available. Access to KETTLO MOBILE may be blocked in the event of a breach of the provisions of these Terms and Conditions and the law and, in particular, but not limited to cases where the User/Trainer: posts Content that does not comply with these Terms and Conditions, the law or good morals; incomplete or false contact details are provided by the User/Trainer in the KETTLO MOBILE account settings; sale of the rights to KETTLO MOBILE by the User/Trainer without the consent of MC, sharing of KETTLO MOBILE by the User/Trainer with other persons; violation by the Trainer of the rules regarding the issuing of Offers; infringement of the rules on grading by the User/Trainer; registration of multiple accounts on KETTLO MOBILLE; sending spam messages to other Users/Trainers; making purchases other than for the purpose of finalising a concluded Contract, share the personal data of other Users/Trainers without the consent of the authorised persons; uses KETTLO MOBILE and the Content posted on KETTLO MOBILE for purposes that are not in accordance with their intended use or to the detriment of third parties; impedes other Users/Trainers' use of KETTLO MOBILE, including by interfering with individual elements of KETTLO MOBILE or the IT environment in which the Content resides; takes steps to read the passwords to the accounts of other Users/Trainers, including attempts to illegally guess those passwords; posts Content (scripts, programs or files) that may interfere with the operation of KETTLO MOBILE or the IT environment in which the Content is located; uses solutions (including devices or software) that enable the use of VOD Services in an unauthorised manner (in particular - not under the Contract); is in breach of the Rules of Procedure - after the MC has addressed a call to this effect to him/her and after the expiry of the time limit set for the violation to cease. 7. The blocking of a User/Trainer's access to KETTLO MOBILE will result in the suspension of access to KETTLO MOBILE and is grounds for termination of the KETTLO MOBILE Access Agreement with immediate effect. MC will notify the User/Trainer of the blocking of access to KETTLO MOBILE by e-mail, indicating the reasons for the blocking. The User/Trainer may appeal against this decision of MC in accordance with the provision of the Regulations on complaints § 14. The User/Trainer is fully responsible for his/her actions and omissions in connection with the use of KETTLO, in particular he/she may be liable for damages to MC and other Users/Trainers. If full access to KETTLO MOBILE is blocked, the User/Trainer is logged out of KETTLO MOBILE without being able to log back in to KETTLO MOBILE without permission from MC. If access to KETTLO MOBILE is partially blocked, the User/Coach retains access to some of the unblocked functionality of KETTLO MOBILE. Coach offers issued under a suspended Coach account shall be suspended and shall not be displayed in KETTLO MOBILE until the complaint procedure in this respect has been resolved. A user/trainer whose access to KETTLO MOBILE has been blocked cannot make a new registration in KETTLO MOBILE without the prior consent of MC. Provisions 6 to 11 above shall apply mutatis mutandis in the case of paid access to KETTLO MOBILE by the Coach (Subscription). MC is entitled to conduct tests of new services and new functionalities of KETTLO MOBILE. Such work may affect the use of KETTLO MOBILE, including the way Offers are displayed. Tests may only be conducted for the time and to the extent necessary and proportionate to achieve the purpose of the test. Testing shall only be conducted for the purpose of developing KETTLO MOBILE, to adapt to market changes, to adapt to changes in legislation or to improve the services provided, and to improve the quality and functionality of KETTLO MOBILE.

§6 OFFERS OF TRAINERS

NOTE: In order to use the full functionality of KETTLO MOBILE, i.e. the ability to offer Coaching Services, it is necessary for the Coach to purchase access to KETTLO MOBILE.

KETTLO MOBILE includes a dedicated form for creating and posting Coach Offers. It is not possible to post Coaches Offers without being able to use the dedicated KETTLO MOBILE form. The Coach prepares the Offer on the basis of the terms and conditions for the creation of the Offer attached as Appendix 1 to the Regulations. The creation of the Offer is based on the form available within KETTLO MOBILE, thus defining all the terms and conditions of the Offer of Coaching Services. The information contained in the content of the Offer may only relate to the services offered by the Coach. From the moment the Content (in particular information, data, footage) is entered into KETTLO MOBILE, MC acquires the right to use this Content, in the manner and under the conditions specified in the copyright section of § 9 of the Regulations, in particular to use it in any way, at any time, at its own discretion. The coach authorises the MC to: the use of the Offer as indicated in the Terms and Conditions (copyright section); to translate the Offer and its elements (including through automatic text translation software) into other languages and to display it in other languages. The content of the Offer shall be fair and complete and shall not mislead other Users, in particular as to the details of the Training Plan. The description of the Offer may not contain any content that is incompatible with applicable law. The Trainer assumes full responsibility for the content it places in the Offer, including being responsible for any errors or inaccuracies in the Offer. With the entry of the Offer into KETTLO MOBILE, the Coach declares that it is entitled and has the ability to conclude and perform the contract with the User. Once the Offer has been entered into KETTLO MOBILE, the Trainer may not effectively change its content with respect to the Users with whom it has concluded an agreement for the offered Coaching Services under the Offer. In the event that the Coach's Offer violates the provisions of the Terms and Conditions or generally applicable laws, MC may: terminate the issued Offer prematurely or delete the Offer - with the proviso that the agreements hitherto concluded under it between the User and the Coach shall remain valid, refuse to publish the Offer. ATTENTION: It is strictly prohibited to publish Content for which the Trainer does not hold the relevant copyrights and image rights of the persons recorded on such materials. The Trainer shall bear full legal responsibility for the consequences of unauthorised posting of videos infringing the rights of third parties. In each case of posting material that infringes the rights of third parties or violates the provisions of generally applicable law, the matter shall be reported to the competent authorities in order to undertake appropriate proceedings, including proceedings resulting in criminal liability. KETTLO MOBILE for Coaches who have subscribed to KETTLO MOBILE allows the use of videos posted and tagged as KETTLO MOBILE Content for Coaches to create Content solely for the purpose of creating a KETTLO MOBILE Offer. It is strictly forbidden to use any material designated as KETTLO MOBILE Content outside of KETTLO MOBILE (consent by KETTLO MOBILE is subject to the terms and conditions set forth in § 9 of the Terms and Conditions).

§ 7 SEARCH FOR OFFERS

The KETTLO MOBILE functionality makes it possible to search for Coach Offers within a list of Offers. KETTLO MOBILE does not offer sponsored offers. KETTLO MOBILE allows you to filter Offers based on the following parameters: Main category Subcategory Language Evaluation Level of difficulty (easy, medium, difficult) Length (7, 14, 21, 30 days) Number of training sessions in the plan (range) Price (range) KETTLO MOBILE makes it possible to sort the Offers based on the following parameters: Addition dates (descending, ascending) Rating (descending, ascending) Number of training sessions (descending, ascending) Plan length (descending, ascending) Price (descending, ascending) Alphabetically (A-Z, Z-A) In the case of offers from Trainers with the same parameters, the order of display is determined by the date the Trainer created the Training Plan.

§ 8 CONCLUSION OF A CONTRACT BETWEEN THE TRAINER AND THE MC, CONCLUSION OF A CONTRACT (BETWEEN THE USER AND THE TRAINER), PURCHASE OF A TRAINING PLAN BY THE USER

ATTENTION ! THE KETTLO MOBILE FUNCTIONALITY ENABLES THE FREE USE OF KETTLO MOBILE BY USERS (FREE USE MEANS THAT MC DOES NOT CHARGE USERS FOR THE USE OF KETTLO MOBILE).

ACCESS TO THE FUNCTIONALITY OF KETTLO MOBILE FOR TRAINERS, I.E. ENABLING THE CREATION AND OFFERING OF SERVICES BY TRAINERS REQUIRES THE PURCHASE OF PAID ACCESS TO KETTLO MOBILE BY TRAINERS

CONCLUSION OF A PAID CONTRACT BETWEEN THE TRAINER AND MC FOR ACCESS TO KETTLO MOBILE (SUBSCRIPTION)

As part of KETTLO MOBILE, a Coach retains the right to subscribe to KETTLO MOBILE to unlock the full functionality of KETTLO MOBILE including the option to sell Coaching Services. (NOTE the Subscription option is available to each designated Coach in KETTLO MOBILE). Contracts for Subscriptions for periods of 1 month are renewable, each being concluded for an indefinite period with the possibility of termination by the Trainer at any time effective at the end of the current billing period. The billing period is the period of the selected subscription i.e. one month calculated as 30 consecutive calendar days - in the case of subscriptions for a period of 1 month. In order to use the Subscription, the Trainer should select the type of Subscription (1 month) and place the relevant Order in KETTLO MOBILE. Payment for subscriptions is made in advance through the payment systems available on KETTLO MOBILE, which means that the Trainer makes payment for the subscription before using the purchased Subscription. The provision of the Subscription continues from the conclusion of the Agreement until its termination as a result: a) cancellation of the Subscription by the Trainer (resulting in termination of the Agreement) no later than 24 hours before the start of the next billing period, resulting in immediate termination of the Agreement; b) cancellation of the Subscription by MC due to violation of these Rules c) non-payment of Subscriptions by the Coach; d) breach of the provisions of the Rules of Procedure § 5. The Coach has the option to cancel any given Subscription purchased from KETTLO MOBILE by clicking on the "Cancel Subscription" button. If the option to cancel the Subscription is exercised, access to the Subscribed Coaching Services will expire at the end of the last day of the Subscription period for which the Subscription was purchased. Upon expiry of the Subscription, the functionality of KETTLO MOBILE is limited to the functionality indicated in § 5.3.a-b of the Terms and Conditions. The MC is entitled to introduce additional fee-based services to those offered in the subscription model. As part of promotional activities, KETTLO MOBILE is entitled to provide Trainers with free access to the full version of KETTLO MOBILE, each time for the period indicated in the promotion.

CONCLUSION OF A CONTRACT BETWEEN THE TRAINER AND THE USER

NOTE: MC is not a party to the agreement concluded between the User and the Trainer and does not guarantee that the Trainer and the User are entitled to conclude and perform the agreement. Conclusion of an agreement by a Trainer with a User whose registered office or usual place of residence is not located in Poland, may result in the conclusion of the agreement being governed by the applicable provisions of foreign law. By choosing a Training Plan offered by the Trainer, the User enters into an agreement with the Trainer, confirming the purchase of the chosen Training Service by clicking the "Buy with the amount of the chosen Training Plan" button, e.g. "Buy for 5 PLN". By clicking the "Buy" button, the User confirms his/her intention to purchase the Training Plan for the amount indicated for the Training Plan at the stage of placing the Order. Confirmation of the conclusion of the contract between the Coach and the User is sent automatically by email and is for information purposes only. In the event that the registered office of the Trainer. User designated in the KETTLO MOBILE settings as being outside the European Economic Area the aforementioned data will be sent outside the European Economic Area. Failure of the User to successfully pay for the purchased Coaching Service via the Stripe system shall result in the automatic cancellation of the purchased service by the User. NOTE Remember. By selecting and purchasing the chosen Training Plan, the User enters into an Agreement with the Trainer indicated in the given Offer. The parties are mutually obliged to perform the concluded agreement on the terms and conditions indicated in the concluded Agreement. MC is not a party to the concluded agreement on the purchase of a Training Plan. NOTE: The Training Plan is activated for a period of time chosen by the User (7,14,21, 30 days) and this period includes the number of consecutive days chosen by the User. The above means that, for example, if the User purchases a 7-day Training Plan, it will be active for the User for the next 7 days counting from the day of starting the first playback of the purchased Training Plan, which will take place via the "Start" button). The purchased Training Plan is a single-use product, which means that the possibility of its reproduction expires after the period for which it was purchased.

§9 
COPYRIGHT KETTLO MOBILE, CONTENT PROVIDED BY KETTLO MOBILE

Content

KETTLO MOBILE provides functionality for publishing (sharing) Content including, but not limited to, audiovisual material, images and other Content uploaded by the User/Trainer. The above means that some of the Content may have the value of a Work within the meaning of Polish copyright law, and thus be protected under these laws. The User/Trainer is responsible for the Content published, made available within KETTLO MOBILE. By publishing (making available) the Content, the User/Trainer declares that he/she has complied with a number of requirements and rigours indicated in these Terms of Use. The publishing and sharing of certain Content may be combined with the need to use third party providers (e.g. VIMEO, Facebook). In this case, the use of third party service providers requires you to accept the terms of service of such providers. The publication and sharing of the Content, which will include the recordings of Training Plans offered by the Trainer, shall take place through the VIMEO platform (https://vimeo.com). The Trainer is obliged to read and comply with the current VIMEO terms of service. The KETTLO MOBILE functionality provides the ability to publish/share information about the use of KETTLO MOBILE services on social media platforms (e.g. Facebook).

Statements.

MC declares that it has full rights to KETTLO MOBILE and is entitled to authorise the User/Trainer to use KETTLO MOBILE within the scope of these Terms and Conditions as well as that the rights granted do not infringe the rights of third parties. The content and integrity of KETTLO MOBILE is protected by law. The contents of KETTLO MOBILE and all elements of KETTLO MOBILE are subject to the protection provided by Polish and international laws, including, but not limited to, regulations governing copyright and related rights and the fight against unfair competition. Any use of KETTLO MOBILE, in particular through copying in whole or in part, electronic transmission or other modification or use without prior written consent of MC is prohibited. The above disclaimer does not apply to content posted by the User/Trainer within KETTLO. Trade names, names, descriptions and trademarks published in KETTLO MOBILE are subject to legal protection. The User/Trainer is obliged to refrain from any actions that infringe the intellectual property rights of those entitled to these names, descriptions and trademarks. Unless otherwise stated, all copyrights for texts, images, photos and other materials contained in KETTLO MOBILE belong to MC. (The above does not apply to Content entered by the User/Trainer). Copying, modification and transmission (electronic or otherwise), as well as reproduction, use and distribution of the material contained within KETTLO MOBILE is permitted only with the permission of the owner. The use of information available within KETTLO MOBILE may only take place in a lawful manner. As a condition for obtaining permission to use material whose copyright belongs to MC, the material must be cited in its unaltered form with a prominent and clear designation: "Source: MIND CONSULTING" or other equivalent. However, this requires MC's consent in each case. The User/Trainer acknowledges that any action attempting to destabilise KETTLO MOBILE may be reported to the competent authorities. The User/Trainer is obliged to use the Content in a manner consistent with the law and good morals, taking into account respect for personal rights and copyrights and intellectual property and third parties. The User/Trainer is obliged to enter factually correct data. The User/Trainer is prohibited from providing unlawful content. The User/Trainer each time entering Content into KETTLO MOBILE declares that: The content will be free from legal defects; The content will not be pledged or otherwise encumbered; The content does not infringe on the rights of third parties, including copyright and related rights, or personal rights or intellectual property rights; owns all intellectual property rights, in particular economic copyright, in the Content to the extent necessary for its inclusion in KETTLO MOBILLE; owns all moral rights of the persons depicted in the Content, in particular the right to use the image of the persons depicted in the Content; The content will not contain uncensored or commonly regarded as uncensored content; Content will not include nudity or adult content; The content will not violate the law, good morals; The Content will not contain product placement or third-party advertising material (the MC's consent is required each time such Content is made available); Content will not contain logos or third party names The User/Trainer warrants that due to the introduction of the respective Audiovisual Material within the framework of KETTLO MOBILE MC will not be obliged to pay remuneration to authors and related rights holders payable to them either directly or through a collecting society. In the case of violation by the User/Trainer of the statements indicated in this paragraph or their inconsistency with the actual legal or factual state, the User/Trainer is solely and entirely responsible towards MC and releases MC from any liability that may arise in such a situation. In particular, in the event that any claims are made by third parties on the grounds of placing Content in KETTLO MOBILE, including the content contained in the Content (logos, graphics, photos (together with images of persons recorded on them), the User/Trainer agrees to take, at his/her own expense and risk, all legal steps to ensure adequate protection of MC, In particular, the User Trainer agrees to take the place of MC (or, in the absence of such possibility, to take the place of MC) in any proceedings pending against MC, and also agrees to reimburse MC for any and all costs which MC may incur (will incur) or which MC will be obliged to pay to a third party in connection with a claim or lawsuit which this person will submit in connection with the use of the Content within KETTLO MOBILE. Whenever MC considers that the Content received clearly violates the law, violates the rules of these Regulations or violates the rights of third parties, MC is entitled to unilaterally remove this Content and suspend the User/Trainer's Account until the doubts about the Content are clarified or appropriate evidence is presented to acknowledge the compliance of the Content with these Regulations and the law.

Consent to use Content provided by the User/Trainer:

Content made available through KETTLO MOBILE (e.g. photos or videos) may be protected by copyright. Except as otherwise required by regulation and other legal action, the User/Trainer retains copyright or trademark rights) in any Content that he/she creates or makes available through KETTLO MOBILE. Whenever Content made available through KETTLO MOBILE has not been created independently by the User/Trainer, it is necessary to obtain the relevant rights to the Content from its creator. By making the Content available (in particular audiovisual material, photographs), the User/Trainer declares that he/she has obtained the relevant rights and that he/she has full rights to make the Content available within KETTLO MOBILE. In the case of sharing, publishing or uploading copyrighted Content in KETTLO MOBILE, the User/Trainer grants MC a non-exclusive, transferable licence, including the right to sub-licence, free of charge and globally to use, exploit, distribute, modify, run, reproduce, publicly perform or display, translate and exercise derivative rights (in accordance with the KETTLO MOBILE settings selected by the user). The consent referred to in the preceding sentence is given to the extent of: recording and reproducing by any technique, including recording or copying on any type of paper, electronic, magnetic or optical media; Distribution over telecommunications networks (including the internet and GSM networks) by any means and technology, in particular by: distribution in such a way that anyone can access the Content at a time and place of their own choosing and other means of exploitation in telecommunications networks regardless of the means of limiting access that may be used; public display and reproduction, including through mechanisms for automatic playback of the Content on websites; public performance, exhibition, display, reproduction and broadcasting and re-broadcasting; lending and marketing. The User/Trainer's consent also includes the creation of elaborations of the Content by MC and the use of these elaborations to the extent that MC is entitled to use the Content and to grant further consents to the extent corresponding to the consent granted to MC. The User/Trainer consents to MC's exercise of moral rights in the Content and declares that he/she will not exercise these rights against MC or entities to which MC gives further consent to use the Content. The User/Trainer warrants that he/she is entitled to make the above statements and consents covered by the Terms and Conditions and to enter the Content into KETTLO MOBILE and that the Content and MC's use of the Content in accordance with the Terms and Conditions does not infringe the rights of third parties. The User/Trainer shall indemnify MC and the entities to which MC grants further consents for the use of the Content from any liability arising from the use of the Content in accordance with the Terms of Use. Whenever an image of the User/Trainer or other persons is recorded in the Content (in particular audiovisual material, photographs) from the moment the User/Trainer makes the given Content available via KETTLO MOBILE: consents to the use and dissemination of his/her image recorded in the respective Content for the period of time the Content is made available on KETTLO MOBILE; Agrees to the use of name, profile picture for the KETTLO MOBILE service; authorises MC to grant, on its behalf, permission to use the image in the cases indicated in these Terms and Conditions via the KETTLO MOBILE functionality; consent for the use of the image is free of charge; Consent for the use of the image is granted for the period of posting the Content on KETTLO MOBILE; declares that he/she has obtained the consent of third parties recorded in the Content to record and distribute the image of these persons under the terms of these Terms and Conditions.

Deletion of Content

The User/Trainer may at any time remove Content that he/she makes available, publishes and uploads. However, the above stipulation does not apply to Content (Training Plans) made available by the Trainer that was purchased by the User as part of the offered Coaching Services. The deletion of such Content may take place at the earliest after the expiry of the contract concluded with the User who purchased the Coaching Service containing the Content (Training Plan) in question. Deletion : User account results in the deletion of the Content posted to the User account; Coach's account (except as set out in paragraph 25 above) shall result in the deletion of the Content posted to Coach's account. Apart from the case indicated in paragraph 26 above, deletion of Content takes place by selecting the relevant option within the KETTLO MOBILE functionality by the User or by submitting the relevant MC instruction by the Coach. Notwithstanding the foregoing, removal of Content may take place at the request of a third party in the event that the Content in question is found to be in breach of the law or the Rules. Content will not be removed within the timeframe specified in paragraph 27 above in the following case - it is not possible to remove the content due to technical limitations of KETTLO MOBILE (in this case, removal will take place as soon as the technical capability to do so has returned). If a third party reports that the Content in question violates the law or the Terms and Conditions, the publication of the Content in question will be suspended and secured in order to establish the grounds for the reported irregularity. The purpose of securing the Content in question is: investigate and declare unlawful activities or violations of the Rules of Procedure; protection of security and integrity, systems, services, other Users/Trainers; the need to ensure compliance with a legal obligation to secure evidence in order to document a breach of the law, a breach of the Rules of Procedure; the need to ensure the execution of a request from State authorities (judicial, administrative, law enforcement). 30.In the situation indicated in paragraph 29 above, the Content will be retained for a period of time no longer than necessary for the purposes for which it was retained, with the authorization to use the Content continuing until the Content is completely deleted. 31.KETTLO MOBILE reserves the right to block in whole or in part the account of any User/Trainer in any case of unauthorised, false, obviously unsubstantiated reporting of violations of the law, the Terms and Conditions by the Content of other Users/Trainers.

§ 10 
PURCHASE OF A TRAINING PLAN (COACHING SERVICES)

NOTE Remember. By selecting and purchasing the chosen Training Plan, the User enters into an Agreement with the Trainer indicated in the given Offer. The parties are mutually obliged to perform the concluded agreement on the terms and conditions indicated in the concluded Agreement. MC is not a party to the concluded Agreement for the purchase of a Workout Plan (with the exception of Workout Plans offered by MC). MC (with the exception of the Workout Plans offered by MC) is not responsible for the Content posted by the Trainers and for the results of exercising according to the Trainers' instructions. Please read the relevant Offer in detail before purchasing a Coaching Service. If you have any doubts about a particular Offering, you may contact your Coach or MC.

The purchase of a Workout Service (Workout Plan) is carried out by the User himself via KETTLO MOBILE, where the User selects the parameters of the Service he is interested in (selection of the type of workout, selection of the Trainer, selection of the length of the Workout Plan). In order to purchase a Workout Service (Workout Plan), the User is required to provide the following details on the KETTLO MOBILE purchase form: parameters individualising the selected Coaching Service (Training Plan); enter your credit/debit card details; agreeing to the supply of digital content and agreeing to waive the right to withdraw from the Digital Content Purchase Agreement (pursuant to Article 38 of the Consumer Rights Act); After selecting the parameters of interest to the User and unchecking the relevant necessary consents, the User confirms the purchase by clicking on the "Buy" button with the indicated amount for which the purchase of the Training Plan takes place. Failure to provide any of the data indicated in paragraph 2 above prevents the purchase and at the same time signifies the User's cancellation of the purchase of the selected Coaching Services (Training Plan). The user is responsible for the accuracy and truthfulness of any data provided to KETTLO MOBILE. The amount of the Price of the Coaching Service (including the Payment Provider's Commissions) is stated each time in KETTLO MOBILE. Notwithstanding the above, the amount of the prices of the purchased services is indicated each time in the order confirmation sent to the email address. Making an incomplete payment for the Coaching Services is tantamount to non-payment and therefore no obligation to provide the service covered by the incomplete payment in any way. KETTLO MOBILE confirms the completion of the purchased Training Service (Training Plan) by sending to the User's e-mail address a relevant confirmation containing details of the purchased Training Plan. 7. KETTLO MOBILE informs you that the Coaching Service purchased by you involves the provision of digital content and therefore, in the event you agree to purchase such Coaching Service, digital content is provided, resulting in the loss of your right to withdraw from the purchased Coaching Service (purchase of the Workout Plan).

§ 11 
PAYMENTS

Payment for Coaching Services. Stripe System. (for Users).

All amounts in which the prices of Coaching Services in KETTLO MOBILE are expressed are in one of four currencies (PLN,USD,GBP,EUR) and include all necessary public charges. The purchase of the Coaching Service (Training Plans) is made through the Stripe system (https://stripe.com). Payments are made under the terms and conditions of the Stripe system. The User is obliged to read the terms and conditions of Stripe. MC is not a party to the agreement between the User/Trainer and Stripe. The agreement between the User/Trainer and Stripe regulates the rules in force between the User/Trainer and Stripe for receiving payment for services purchased through KETTLO, including carrying out the necessary steps to verify identity and the terms and conditions for Stripe to make withdrawals of funds collected in this transaction service. The transaction for the purchase of the Coaching Service (Training Plan) takes place directly between the User and the Coach. The User shall make payments by credit (payment) card at his/her own risk, in accordance with the terms and conditions for using the credit (payment) card established in the agreement with the issuer of this card. MC is not responsible for the way the User uses the credit (payment) card. The User is responsible for the reliability of the credit card details that he/she provides to pay for services offered in KETTLO MOBILE. When using a credit card, the User ensures that he/she uses the credit card of which he/she is the holder. Making a payment for a purchased service takes place after being redirected to the Stripe service. The user should follow the messages of this transaction service. In order to make a correct payment by credit (payment) card, the user must provide the data required by the respective payment system (e.g. name of the credit card holder). The provision of the data indicated in paragraph 6 above does not guarantee positive authorisation of the credit (payment) card payment by the card issuer. MC shall not be liable in the event that the User's credit card transaction in question is rejected by the credit card issuer, of which Stripe shall immediately inform the User. MC is not a party to the agreement to make a payment transaction via Stripe. Payment via Stripe is made in each case according to the terms and conditions indicated by this billing service. Once the transaction has been carried out in accordance with the instructions of the transaction service, the User will receive a notification as to whether the payment was successful. In the event that the User does not receive such notification immediately after the transaction has been carried out, there is a risk that the User's transaction has not been completed, and the User is therefore obliged to contact the Stripe transaction service and KETTLO MOBILE in order to clarify the situation. The moment you make a payment (purchase a Coaching Service) is the moment you receive a message from Stripe that your payment has been credited to Stripe. The remuneration paid by the User for the purchased Coaching Service goes to the Trainer's previously established Stripe account. The remuneration due to the Trainer shall be reduced by the commission of the Stripe transaction service (in accordance with the Stripe tariff). The Stripe functionality allows the Coach to withdraw funds accumulated in the Coach's Stripe account to a bank account designated by the Coach. The terms and conditions of the Stripe functionality are set out in the Stripe Terms of Service (www.stripe.com). The Coach is obliged to read the terms and conditions of the Stripe service. Payment for Subscriptions (for Trainers). 13 All amounts in which the Subscription prices are expressed are in one of four currencies (PLN,USD,GBP,EUR) and include all necessary public charges. 14 The Subscription Prices are indicated in Schedule 4 to the Rules. 15 Payment of the Subscription shall be deemed to have been made when MC's bank account is credited with the amount of the Subscription due. 16 MC shall not be responsible for the consequences of delays in payment which are the responsibility of the payment processors. 17 Access to the full functionality of KETTLO MOBILE will take place as soon as MC has received confirmation of payment acceptance from the payment operator. 18 Payment for Subscriptions can be made by payment card - supported payment cards are Visa, Mastercard, Maestro, with collection taking place when the transaction is accepted by the payment operator. 19. The processing of payments takes place on the basis of the regulations of the payment providers. Acceptance of the terms and conditions of the payment providers is a prerequisite for payment.

§ 12 FEES, COMMISSIONS

MC clarifies that access to the KETTLO MOBILE application (with limited scope) is free of charge. The services provided by MC within KETTLO MOBILE and consisting in enabling Trainers to use the functionality of KETTLO MOBILE, i.e. leading to the placement of a Trainer's Offer for Trainer Services, are subject to a fee. A Coach interested in using KETTLO MOBILE to offer Coaching Services is required to purchase access to KETTLO MOBILE (subscription). The purchase price for access for Trainers to the full version of KETTLO MOBILE (Subscription) is indicated in the Price List attached as Appendix 4 to these Terms and Conditions. Actions by the User and the Trainer with the purpose or effect of avoiding payment of the Fee due to MC are not permitted. The commission is collected and charged by the payment operator, the Stripe System. The rules for its collection, calculation and settlement are set out in the Stripe terms and conditions. MC does not have any influence on the amount of the Commission or the rules for calculating the Commission. The content of the current Stripe regulations is indicated on the Stripe system on a regular basis.

§13 ASSESSMENT OF TRAINERS

The KETTLO MOBILE functionality allows Users to evaluate a Coach and Coaching Services both in descriptive form (issuing a descriptive comment recommending or not recommending a given Coaching Service and Coach) and graphical form (i.e. by awarding so-called kettels - where five kettels recommend - and one kettel means - not recommend). This functionality is used to exchange subjective opinions about the purchased Coaching Service and the Coach's performance of the contract. The KETTLO MOBILE functionality allows you to enter ratings (a single rating for one purchased Training Plan), both positive and negative. This allows you to evaluate the quality of the Training Services. Ratings can only be given for Training Services purchased and delivered. Only registered Users who have purchased a particular Coaching Service in relation to a particular Coach may submit ratings. No ratings can be submitted by Guests or Users who have not purchased a Coaching Service from the Coach being rated. A trainer who has received an evaluation (of the Coaching Services offered) may include his or her one-off response, which constitutes a response to the evaluation received. The graphical sales evaluation allows Users (clients of a given Trainer) to rate on a scale of 1 to 5 (graphical kettles) the Trainer's performance of the contract in terms of the following parameters: Competences Explanation of exercises Commitment Value for money Video quality. The evaluation is always made by the specific User in relation to the specifically purchased Coaching Service (Training Plan). The User is responsible for the content of the evaluations and responses. The content of assessments and answers is public information, available to all users of KETTLO MOBILE (including Guests). Evaluations, comments and responses should be truthful, collaborative and must not include: content that is generally considered to be offensive and offends against good morals (including profanity, obscenity, pornography or incitement to hatred, racism, xenophobia), contact details or logins of Users/Trainers, website addresses or content of an advertising nature. MC does not interfere with the content of assessments and responses to assessments, but reserves the right to block the Content of an already issued assessment in justified cases, in particular: when the content in question violates the provisions of the Terms and Conditions when the evaluation data has been issued by mistake to the wrong User/Trainer or to the wrong contract for the purchase of the Coaching Service, if the content clearly indicates a mistake, when the assessment data clearly indicates a mistake as to its type; when assessment data are illegible; when the User/Trainer makes a request for deletion (procedure paragraph 11 below). MC reserves the right to edit or delete reviews in cases where the review in question: violates these Rules; constitutes another opinion relating to the same Coaching Service, does not refer to the service purchased by the User; contravenes generally applicable law (including but not limited to: infringement of patent rights, copyrights, business secrets or other intellectual property rights, or the right to protection of personal data) good morals or offends religious feelings, is illegible and incomprehensible (in particular when they contain characters that make it illegible).

§ 14 COMPLAINTS ABOUT KETTLO MOBILE SERVICES

The User/Trainer is entitled to make a complaint about the KETTLO MOBILE Services by sending the relevant information to reklamacje@kettlo.com. The User/Trainer's complaint should: include the reason for the complaint; contain valid User data, contact details. MC shall consider the complaint and respond to the complaint within 14 days of receipt. If the complaint is not investigated within 14 days from the day it was lodged, the complaint shall be deemed to have been accepted. If the complaint submitted does not meet the conditions specified in paragraph 2, it is necessary for the proper consideration of the complaint, the MC shall immediately call on the User/Trainer to supplement it, specifying the deadline, no shorter than 7 days, and the scope of this supplementation, with the instruction that failure to supplement the complaint within the specified deadline will result in leaving the complaint unprocessed. Upon ineffective lapse of the set deadline, the complaint shall be left unprocessed. Neither MC nor its employees, authorised representatives and agents shall be liable to the non-consumer User/Trainer, its subcontractors, employees, authorised representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally. Whenever the liability of MC, its subcontractors, employees, authorised representatives and/or proxies is established, such liability vis-à-vis the non-consumer MC, irrespective of its legal basis, shall be limited - both within a single claim and for all claims in total - to the amount of one thousand zlotys.

§ 15 
COMPLAINTS ABOUT THE SERVICES OF TRAINERS

The User is entitled to make complaints about the Coaching Services and the Coach undertakes to deal with complaints made by the User. Monetary claims for faulty delivery, non-performance of the Coaching Services should be addressed by the User to the Coach. MC provides support to the User in dealing with claims, however, this does not mean that MC takes any responsibility for these claims. Any complaints against the Coaching Services should be submitted to the Coaches with MC, at the email address: reklamacje@kettlo.com. The relevant complaint shall be promptly forwarded to the Coach for resolution. KETTLO MOBILE shall provide support in resolving complaints made by Users against the Coaching Services to the relevant Coach. When entering into a contract with a User for the purchase of a Coaching Service (Training Plans), the Coach is obliged to comply with these Terms and Conditions. The provisions of § 14 of the Rules and Regulations, i.e. the obligation of Trainers to consider Complaints in the manner indicated in § 14, shall apply accordingly with regard to Complaints concerning the Trainers' Services. Thus, the Trainer shall be obliged to consider the submitted Complaint immediately, however, no later than within 14 days from the date of submission of the Complaint by the User. Violation by the Coach of the obligation indicated above (irrespective of liability under generally applicable laws) shall entitle MC to terminate the agreement with regard to the provision of KETTLO MOBILE Services. The filing of a claim against a Coaching Service (purchase of a Training Plan) shall not suspend the User's obligation to pay the Price due to the Coach for the use of the purchased Coaching Service (purchased Training Plan).

§ 16 
OUT-OF-COURT DISPUTE RESOLUTION

MC reports that: An EU-wide online dispute resolution platform for disputes between consumers and traders (ODR platform) is available at http://ec.europa.eu/consumers/odr, which is an interactive and multilingual website with a one-stop shop for consumers and traders seeking to resolve out-of-court disputes concerning contractual obligations arising from an online sales or service contract; The Consumer has the right to make use of out-of-court complaint and redress procedures. Detailed information about the consumer's right to use out-of-court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php http://polubowne.uokik.gov.pl/rejestr,5,pl.html The Office of Competition and Consumer Protection has a Contact Point which provides information on amicable proceedings. ADR/ODR Contact Point (information on ADR entities, assistance in filling in applications), Pl. Powstańców Warszawy 1, 00-950 Warsaw, Tel. 22 55 60 332, 22 55 60 333, E-mail: kontakt.adr@uokik.gov.pl. The user/trainer has the right to assert claims in legal proceedings before a court of competent local and material jurisdiction, without recourse to arbitration.

§ 17 WITHDRAWAL FROM THE CONTRACT

MC informs that, pursuant to the content of Article 38(1) of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended), the right to withdraw from agreements concluded at a distance is not vested if the entrepreneur concerned has performed the service in full with the express consent of the Consumer, who was informed before the provision of the service began, that after its performance, he/she will lose the right to withdraw from the agreement. MC informs that pursuant to art. 38 pt. 13) of the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287, as amended), the right to withdraw from the agreement on the provision of digital content which is not recorded on a tangible medium, concluded at a distance, does not apply to the Consumer, if the performance of the service began̨ with his/her explicit consent before the expiry of the 14-day period to withdraw from the agreement and after the Service Provider has informed him/her of the loss of the right to withdraw from the agreement and the Consumer has taken note of this information. Bearing in mind the contents of paragraphs 1 and 2 above, the MC informs that: KETTLO MOBILE Services consist of the execution of factual activities related to enabling the User to benefit from the services of other entities (Trainers), and therefore the KETTLO MOBILE Service is completed at the time the User purchases a given Training Service (Training Plan), and therefore after this activity the User is not entitled to withdraw from the executed KETTLO MOBILE Service, i.e. enabling the conclusion of a contract with a Trainer; the purchase of the Coaching Service consists in the provision of digital content (Workout Plan) which is not contained on a tangible medium and therefore the right to withdraw from the contract for the provision of digital content which is not stored on a tangible medium, concluded at a distance, does not apply to the Consumer if the performance has begun with his/her express consent before the expiry of the 14-day period to withdraw from the contract and after the Service Provider has informed him/her of the loss of the right to withdraw from the contract and the Consumer has taken note of this information. Bearing in mind the content of paragraphs 1-2, the right of withdrawal shall not apply to all those KETTLO MOBILE Services that are completed after they have been selected by the User (acceptance of the Coach's offer to sell the Coaching Service), as well as to purchased Coaching Services (containing digital content) that are made with the User's express consent. With regard to other services (i.e. KETTLO MOBILE Services), the User/Trainer who is a Consumer is entitled to withdraw from the contract for KETTLO MOBILE Services under the conditions indicated in these Terms and Conditions. In order to exercise the right of withdrawal indicated in paragraph 5 above, the User shall inform MC of his/her decision: by post to the following address: Józefa Mackiewicza 7, 20-865 Lublin, Lublin; by e-mail to: e-mail: kontakt@kettlo.com. by sending an explicit statement to this effect. In order to exercise the right of withdrawal, the User may: use the model withdrawal form attached to these Terms and Conditions (Annex 2), but this is not obligatory; fill in and submit a withdrawal form or any other unequivocal statement setting out your wish to withdraw from the contract; inform the MC by sending an appropriate email to kontakt@kettlo.com. MC shall immediately send an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by e-mail). In order to comply with the withdrawal period, it is sufficient for the User to send information concerning the exercise of his/her right of withdrawal before the withdrawal period has expired.

§18 RESPONSIBILITIES MC

MC is obliged to provide the functionality of KETTLO MOBILE under the conditions set out in these Terms and Conditions. MC is not responsible for: the effects of the Training Plan offered by the Coach; Content posted by the User/Trainer; services offered by Trainers; mistakes (on the part of Users/Trainers) in the data entered by the User/Trainer, e.g. e-mail address, credit card number; Bankruptcy/bankruptcy of the Trainers (other entities) providing the services offered within the KETTLO MOBILE Service (e.g. Stripe); the User's choice of services offered by the Trainers; performance of services by the Coach (Stripe); the User's failure to use the purchased Coaching Service (Training Plan); your use of the Coaching Service is incomplete, situations preventing the use of the Coaching Service, KETTLO MOBILE Services due to technical problems on the part of the User, technical problems of the providers; for non-compliance with the Terms and Conditions and regulations of third parties (e.g. Stripe); blocking by email server administrators from sending messages to the email address indicated by the User/Trainer and for deleting and blocking emails by software installed on the computer used by the User/Trainer; technical parameters of the Users'/ Trainers' Mobile Devices that prevent the use of KETTLO MOBILE no access to the internet or GSM network which makes it impossible to use KETTLO MOBILE; a force majeure event or an event beyond the MC's control. To the extent permitted by the mandatory provisions of consumer law, MC shall only be liable for costs incurred by the User/Trainer as a result of MC's fault. The provisions of these Rules do not limit MC's liability with regard to the consequences of MC's fault. With regard to Users/Trainers who are not Consumers, MC's liability for non-performance or improper performance of any agreement concluded between MC and a User/Trainer who is not a Consumer is limited to the amount of the Fee paid by the User/Trainer to MC under the agreement, the non-performance or improper performance of which is claimed by the User/Trainer who is not a Consumer. MC's liability to the User/Coach who is not a Consumer does not include lost profits.

§ 19 
PERSONAL DATA, PRIVACY AND CONFIDENTIALITY

Personal data provided by Users/Trainers through KETTLO MOBILE is processed in accordance with applicable laws and in accordance with KETTLO MOBILE's privacy policy. Users/Trainers shall only disclose personal data of other Users/Trainers in the cases provided for in the Terms and Conditions for the purposes of carrying out and performing the contract concluded between the User and the Trainer through KETTLO MOBILE and in other cases with the prior consent of the data subject. The User/Trainer is obliged not to disclose to third parties information relating to other Users/Trainers that he/she has received in connection with the use of KETTLO MOBILE, unless he/she has obtained prior consent from the User/Trainer to whom the data relates. MC is entitled to filter and stop messages sent by Users/Trainers within the tools made available in KETTLO MOBILE, in particular if they are of a spam nature, contain content that violates these Terms and Conditions or otherwise threaten the safety of Users/Trainers. The rules for the entrustment of the processing of personal data of Users/Trainers, and the Privacy Policy are described in Appendix 3 to the Regulations.

§ 20 LANGUAGE VERSIONS OF THE RULES

The KETTLO MOBILE regulations have been prepared in two language versions, Polish and English. The original language version of the Terms and Conditions shall be the Polish language version. If any doubt arises with respect to the translated content of the Terms and Conditions of Use, it shall be resolved by reference to the original language version, with the exception of situations where it is necessary to resolve it on the basis of a different language version pursuant to mandatory legal provisions.

§ 21 APPLICABLE LAW

The governing law for agreements between the User and the Coach and MC is Polish law, unless mandatory provisions of law state otherwise. The choice of Polish law shall not deprive the consumer of the protection afforded to him under provisions which cannot be derogated from by agreement, under the law which would have been applicable in the absence of the choice of law. Any disputes relating to the services provided by MC within KETTLO MOBILE will be submitted to the competent courts of law. Any disputes between MC and a User/Trainer who is not a Consumer regarding the KETTLO MOBILE Services shall be resolved by the Polish common courts with jurisdiction over MC's registered office.

§ 22 
FINAL PROVISIONS/AMENDMENT OF THE RULES

MC retains the right to amend these Terms and Conditions for the following reasons: the need to improve the security of KETTLO MOBILE, the safety of Visitors/Users/Trainers; the need to improve the operation of KETTLO MOBILE, and any changes made on this basis will not result in an increase in or the introduction of additional charges over those already accrued (paid), and such changes will enable continued use of KETTLO MOBILE; The need to prevent abuse in connection with the use of KETTLO MOBILE; a change to the terms and conditions of the KETTLO Services or Coaching Services, whereby changes made on this basis will not affect fee-based services purchased prior to these changes coming into effect; introduction of a new service, as well as the introduction of additional KETTLO MOBILE functionalities, each time the use of such services or functionalities is voluntary; a change in generally applicable legislation that directly affects the content of the Terms and Conditions. Any change to the Terms and Conditions will be communicated to the User by sending information about the changes electronically to the email address indicated when registering for KETTLO MOBILE. Amendments shall come into force on the date indicated by MC, no shorter than 14 days from the notification of the amendment to the Terms and Conditions, unless the common law provides otherwise. Notwithstanding the foregoing, MC may amend the Terms and Conditions without observing the 14-day period referred to in paragraph 3 above including with immediate effect in the event that: obligation in this respect is due to changes in law and regulations, on the basis of which MC is obliged to amend the Rules in a manner that prevents it from meeting the aforementioned 15-day notification period, it is exceptionally necessary to amend the Terms and Conditions, including for the purpose of counteracting unforeseen and imminent risks related to the protection of the online intermediary services, Users/Trainers from fraud, malware, spam, data breaches or other threats to cyber security. The provisions of paragraphs 1-4 above shall also apply to changes to the services provided by MC through KETTLO MOBILE. In any case, the change in the services of KETTLO MOBILE shall not affect concluded contracts purchased prior to the entry into force of these changes, nor shall any costs be incurred by the Consumer. To purchased Coaching Services concluded before the effective date of the new Regulations, the provisions of the Regulations as they existed before shall apply. A User who does not accept the content of the amendments to the Terms and Conditions retains the right to terminate the contract for KETTLO MOBILE Services at any time. A Trainer who does not accept the changes to the Terms and Conditions retains the right to terminate the contract for KETTLO MOBILE Services at any time, with the effect of termination not occurring earlier than the expiry of the contracts for Trainer Services concluded with the Users. In the event that a change is made to the service provided through KETTLO MOBILE that materially and adversely affects the Consumer's access to KETTLO MOBILE, the Consumer - notwithstanding the right provided for in paragraph 7 above - may, within 30 days of the change, terminate the KETTLO MOBILE Service Agreement without notice. If any provision of the Terms and Conditions of Use is declared invalid by a final court decision, the remaining provisions shall remain in force insofar as the applicable law provides for a different effect. The Annexes to these Rules of Procedure shall form an integral part thereof. Appendices: Rules for creating Offers in KETTLO MOBILE - Appendix 1; Model withdrawal - Annex 2; KETTLO MOBILE Privacy Policy - Appendix 3. PRICE LIST - Annex 4. Appendix 1 to the KETTLO MOBILE Regulations

 ANNEX 2 to the KETTLO MOBILE Regulations MODEL WITHDRAWAL FORM (this form must be completed and returned only if you wish to withdraw from the contract)

• Addressee [here the Consumer should enter the Subscriber's name, full postal address and e-mail address].
• I/We() hereby give notice() of my/our withdrawal from the service contract(*)
• Date of conclusion of contract()/receipt()
• Name of Consumer(s)
• Address of Consumer(s)
• Signature of Subscriber(s) (only if the form is sent in hard copy)
• Date

(*) Delete as appropriate

Annex 3 - SECURITY POLICY PERSONAL DATA