minuszhir.com

Terms of Use

Last Update: May 12, 2020

MyStream LLC ("MyStream LLC", "we", "us" and "our") provides you access to cross–platform application in the health and fitness category available on our website https://minuszhir.com/ ("our Product").

Please read these Terms of Use carefully before you start to use our Product. Your use of our Product shall be subject to these Terms of Use, and by using our Product, except to use our Product for the first time to review the Terms of Use, you agree to be bound by them.

1. General disclaimer.

1.1. Our Product offers a variety of content (video–, audiovisual, text, images, etc.) that can be used for physical activity and diet adjustments. These content is for information purposes only and are not intended as medical advice and are not intended for therapeutic purposes.

1.2. By using our Product you confirm that you are solely responsible for your state of health and MyStream LLC and its licensees, if any, are not responsible for any results achieved (or not achieved) by you.

1.3. When using our Product, you shall follow the below mentioned rules all the time:

  • a. You shall consult with your physician provider before engaging in any physical activity or changing your nutrition plan. Do not change your physical activity regimen or nutrition plan if your physician provider does not advise you to do so;
  • b. You agree that the use of our Product is no substitute for a consultation with a specialized doctor;
  • c. You shall stop any physical activity whenever you feel faintness, dizziness, pain, shortness of breath or any other uncomfortable symptoms while exercising;
  • d. You should understand that when participating in any exercise, there is the possibility of physical injury. If you engage in any exercise, you agree that you (1) engage at your own risk, (2) are voluntarily participating in these activities, and (3) assume all risk of injury to yourself.

1.4. We presume that you are in good physical condition that allows you to participate in the exercise. If you (or your family) have a history of high blood pressure or heart disease, or have chest pain when exercising in the past months, we do not recommend you to engage any physical activity. If you smoke, have high cholesterol, are obese, or have a bone or joint problem, a change in physical activity can make you feel worse.

1.5. You agree that we are not responsible or liable for any injuries or other damages you may sustain that result from your use of, or inability to use our Product.

2. License to use our Product and rights on the content.

2.1. We grant you revocable, worldwide, non–transferable and non–exclusive license to access and use our Product for personal non–commercial purposes under the relevant payment in accordance with these Terms of Use.

2.2. The term of the provided license to access and use our Product starts from the moment you accept the terms of the Terms of Use (from the moment you start using our Product, except to use our Product for the first time to review the Terms of Use) and is expires with the termination of the Terms of Use in accordance with the clause "Termination" herein.

2.3. All contents of our Product are protected by copyright and/or other intellectual property rights. These rights are valid and protected in all forms, on all media and in respect of all technologies, whether existing or developed or created afterwards.

2.4. As a result of using our Product, no rights to any of it content, including video–, audiovisual works, images, trademarks and other intellectual property, shall pass to you.

2.5. You are not entitled to copy, modify, alter, delete, supplement, publish, transfer, create derivative works from, manufacture or sell products based on our Product.

3. Registration procedure.

3.1. To start use our Product you will be required to create an account (the "Account") and will be asked to provide certain personal data, which may include your full name, e–mail address, telephone number and other.

3.2. Once registered, you will be provided with a specific ID number under which all your personal data will be stored in the database system of our Product. This data will be held and used in accordance with our Privacy Policy.

3.3. You agree that when creating the Account, you will supply accurate and complete information and that you shall be responsible for keeping it up–to–date.

3.4. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Account (including the information about your login and password combination). We will not be liable in any way for any action taken from your Account if you lose or pass to any third party the information about your login and password combination.

3.5. You agree that since we are unable to identify the particular person who uses our Product through your Account, we will not be responsible for any losses incurred by you where your Account is used by any third party.

3.6. To create an Account and access our Product, you must be at least 16 years old and not barred from using our Product under applicable law. If you are under 16 years old, your parent or guardian must review and accept these Terms of Use, and by using our Product, you confirm that your parent or guardian has so reviewed and accepted these Terms of Use. If you are aware of anyone under 16 using our Product, please contact us at [email protected], and we will take required steps to delete their Account and personal data.

3.7. The Account can be deleted if you send a relevant request to [email protected]. After your Account deletion, the active subscription to the Package you have selected and paid for will be cancelled, but you have a right to the refund only in the cases specified in the clause "Refund procedure" herein.

4. Functionality provided within our Product.

4.1. Within our Product you will have access to courses in various areas such as stretching, slimming, twerk and others as well as nutrition plans. Each of the course includes a set of training, arranged in a logical sequence, according to your chosen direction and a specific nutrition plan.

4.4. All performance indicators of a particular course, including what results can be achieved as you go through the training courses and following the nutrition plan for a certain period of time, are intended for information purposes, and are approximate. Your factual result may differ from the stated due to the specific characteristics of your body, your lifestyle, health and so on.

5. Access package to the functionality of our Product.

5.1. Access to our Product can be paid according to the package you have chosen, including "Platinum", "Gold" and "Silver" packages (the “Package”). Each Package includes a specific set of access to the functionality of our Product. The actual price and description of each Package is specified in our Product.

5.2. We offer you a generally free demo training of each area before the first purchase of any Package so that you can evaluate whether these courses are suitable for you or not. If you want to get access to the full course, you will have to purchase for the corresponding Package.

5.3 To gain access to the full course, you should purchase the appropriate package at prices below, unless otherwise determined by other pages of the site:

  • a. Cost of the package Silver is 1,00 USD for 3 (three) days, upon the expiry of this 3-day period - 9,99 USD per week.
  • b. Cost of the package Silver Plus is 0,1 USD for 3 (three) days, upon the expiry of this 3-day period - 9,99 USD per week.
  • c. Cost of the package Silver Pro is 9,99 USD for 1 week, upon the expiry of this week - 9,99 USD per week.
  • d. Cost of the package Silver Pro Plus is 4,99 USD for 1 week, upon the expiry of this week - 4,99 USD per week.
  • e. Cost of the package Gold is 29,99 USD for 1 month, upon the expiration of this month - 29,99 USD per month.
  • f. Cost of the package Platinum is 99,99 USD for 12 months, upon the expiration of this 12 months - 9,99 USD per 12 month.

6. Payment procedure.

6.1. After clicking "Get full access" button you will be redirected to a special secure payment page of alfa-biz.by processing system.

6.2. The order number and payment amount will be indicated on the payment page. In order to make payment, you are required to enter your bank card details and confirm the payment by clicking "Pay" button.

6.3. If your card supports 3–D Secure technology, your system will request you to go through a standard one–minute verification procedure of the cardholder on the page of the bank that issued your bank card.

6.4. Please note that after the payment is made, a confirmation of payment will be sent to the e–mail address specified by you. We ask you to save all your payment details.

6.5. We accept payments by the following bank cards: Visa, Visa Electron, MasterCard, Maestro, Belcart.

6.6. Payments by bank cards are made through the alfa-biz.by electronic payment system. The payment page of alfa-biz.by system meets all the requirements of data security (PCI DSS Level 1). All confidential data are stored in encrypted form and are as resistant to hacking as possible. Authorization pages are accessed using a protocol that provides secure data transmission over the internet (SSL/TLS).

7. Refund procedure.

7.1. You are entitled to a refund of the money paid by you for the Package in the following cases:

  • a. In the event that you have not received access to the paid Package;
  • b. In the event that the functionality to which you have accessed does not match the Packet description specified in our Product as at the date of your payment ("Access issues").

7.2. In case of occurrence of the Access issues, we ask you to contact us at [email protected]. We will make every effort to resolve the Access issues within 14 business days of you notifying us. If we are unable to resolve the Access issues within this period, we will refund the money paid to you.

7.3. The refund will be made to the bank card from which the payment was previously made. The period of the refund to the bank card is from 3 to 30 days from the moment we send you a notification about impossibility to resolve the Access issues or from the end of 14 business days from the date we received notification from you about the Access issues.

7.4. If for any reason beyond our control you have been unable to use our Product for a certain period of time, have not used any part of the functionality of our Product that you have paid for, or have not completed or started any of course, we will not be responsible for that and you will not be entitled to a refund. By making a payment for the Package, you agree that you acquire the right to use the functionality you receive access to in accordance with the selected Package at any time and by any means, subject to the limitations set forth in the Terms of Use. We cannot control and are not responsible for how and at what frequency you will use the functionality you have paid for in accordance with the Package chosen by you.

7.5. If you terminate the Terms of Use by deleting your Account, the payments you have made are non–refundable.

7.6. If we terminate the Terms of Use on our initiative due to your breach of the Terms of Use, the payments you have made are non–refundable.

7.7. If we terminate the Terms of Use on our own initiative, provided that you comply with the Terms of Use and you are not at fault for terminating the Terms of Use, we will refund the amounts paid by you in proportion to the number of days in which you are unable to access our Product due to the termination.

8. Recurring charges.

8.1. We use the recurring debit system, which allows you to pay for your selected Package by regular automatic money transfers in favor of MyStream LLC from your bank card. The recurring debit system is connected only to the bank account registered by entering by the cardholder the bank card details that provides access to the corresponding bank account when paying for the selected Package. You warrant that you are the holder of the bank card used to pay for the selected Package.

8.2. After start of use of the recurring debit system, from the relevant bank account will be carried out wires of funds in terms and amounts required to pay for the selected Package in accordance with the prices and other conditions of payment for the appropriate Package specified in our Product.

8.3. In the event of a change of the selected and paid Package’s price, we will notify you of such change before the next pay off.

8.4. You can unsubscribe from the Package of your choice in your Account settings, which means that upon cancellation of subscription we won't write money off your bank card anymore.

9. Technical support.

9.1. We provide technical support to the users of our Product. Technical support is provided during our standard working hours – from 9:00 a.m. till 5:00 p.m. (Minsk, the Republic of Belarus (GMT+3)).

9.2. In the event of any failures, malfunctions, errors, inaccuracies in the operation of our Product, you may contact us in Russian or English by sending a corresponding request to the [email protected]. Please also send us the following information to reduce the time it takes to process your request: your e–mail address, Account ID and 6 first and 4 last digits of the card from which the Package was purchased was made in the next format – 1234 56** **** 1234. You can find more details on how to submit a request in your Account.

10. Restrictions on use of our Product.

When using our Product you are prohibited from:

  • a. Use our Product and the content placed on our Product (video–, audiovisual, text, images, etc.) for business, profit or use in a manner contrary to law;
  • b. Placing any personal data of third parties in our Product without their consent, including home addresses, telephone numbers, passport details, e–mail addresses;
  • c. Place commercial advertisements, commercial offers and campaign information in our Product;
  • d. Insult or otherwise violate the rights and freedoms of other users, third parties or groups;
  • e. Change the software code of our Product in any way, or take actions to change the functionality and performance of our Product;
  • f. Attempt to gain unauthorized access to any portion or feature of our Product, or any other systems, networks, servers, cloud storages connected to accounts of other users and administrators of our Product by hacking, organizing DDoS–attacks, password "mining" or any other illegitimate means.

11. License to use comments, feedback and ideas.

Any comments, feedback, or ideas with respect to our Product are provided by you on a non–confidential basis and you grant us a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, improving and marketing our Product.

12. Third–party websites or platforms.

Our Product may contain links to third–party websites or platforms that are not owned or controlled by us. Such links are provided for your reference only. We do not control such third–party websites platforms and are not responsible for their content or your use of them, and as a result we do not accept responsibility for the availability, suitability, reliability, or content of such third–party websites platforms. Our inclusion of such links in our Product does not imply any endorsement of the material or the views expressed within them.

13. Advertisement.

We may place advertisements, promotions or sponsorship content in our Product (the "Ads"). You agree that we cannot always control the content of such Ads. We are not responsible for any mistakes in the content of such Ads and will not be liable for any losses incurred as a result of your interaction with such Ads, including if you have made any decision based on such Ads, and any goods, products or services offered in such Ads.

14. Lack of warranties.

Our Product is provided on an "as is" basis and without any representation or warranty of any kind, express or implied. In particular, we do not warrant that our Product will operate fast and uninterruptedly or that any defects in its performance will be corrected. We do not warrant that our Product will meet your needs or that you will use our Product at your own risk.

15. Termination.

15.1. You accept these Terms of Use when you start to use our Product, except to use our Product for the first time to review the Terms of Use.

15.2. We reserve the right, at our sole discretion, to amend these Terms of Use at any time without prior notice. An up–to–date version of these Terms of Use will be available in our Product, and any amendments will come into effect immediately upon posting. It is your responsibility to check these Terms of Use periodically for any amendments. By continuing to use our Product, you agree to the amended Terms of Use.

15.3. You are entitled to terminate these Terms of Use at any time by unsubscribing or by requesting the deletion of an Account and terminating the use of our Product.

15.4. We are entitled to terminate these Terms of Use concluded with you at our initiative unilaterally without prior notice to you, if you violate any term of these Terms of Use.

15.5. We are also entitled to terminate these Terms of Use concluded with you unilaterally by sending notice to you regardless of the reason of such termination.

15.6. In case of termination of these Terms of Use you shall immediately stop using our Product.

15.7. The obligations to pay off debts to MyStream LLC, if any, remain valid until they are fully discharged.

16. Applicable law.

16.1. These Terms of Use, any non–contractual obligations arising in connection with them, and litigation between the users and MyStream LLC, shall be subject to the law of the Republic of Belarus. Any issue which is not agreed in the Terms of Use will be governed by the law of the Republic of Belarus.

16.2. The parties will endeavor to resolve all disputes, controversies and claims that may arise in connection with the execution, termination or invalidation of the Terms of Use by negotiations. The party which has any claims and/or disagreements shall send message to the other party indicating the claims and/or disagreements that have arisen. The message is sent to the following e–mail address: to the user – to the e–mail address provided during registration; to the MyStream LLC – to [email protected].

16.3. If any dispute, disagreement or claim was not be solved by negotiations, such dispute shall be resolved by the state court of the Republic of Belarus at the place of the MyStream LLC location.

17. Miscellaneous.

17.1. Severability. Each of the provisions of these Terms of Use is independent and separable. If any provision is held to be or becomes invalid or unenforceable in any respect under the applicable law, it will not affect the legality, validity or enforceability of any other provision of these Terms of Use. We shall use all reasonable endeavors to replace such provisions by making amendments to these Terms of Use unilaterally in that respect with valid provisions and reflect the essence of the replaced provisions to the maximum extent possible by applicable law.

17.2. Entire agreement. These Terms of Use is the final, complete and exclusive agreement between you and MyStream LLC with respect to the subject matters hereof and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior Terms of Use).

17.3. Titles and interpretation. The clauses titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation".

17.4. Assignment. These Terms of Use and your rights and obligations herein, may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign our right and obligations under these Terms of Use in connection with a reorganization of MyStream LLC, or cession, transfer of rights to our Product, or for any other reason required by applicable law, without your consent.