General Terms of Contract 

containing general terms of contract related to the use of the mobile application called FitRadio operated by FitRadio Kft. (8600 Siófok, Béri Balog Ádám utca 47. földszint 12.) as service provider (hereinafter referred to as “Service Provider”)   

(hereinafter: “FitRadio Application GTC”).

Definition of Terms:

Service Provider:

FitRadio Szolgáltató Korlátolt Felelősségű Társaság

Registered address: 8600 Siófok, Béri Balog Ádám utca 47. földszint 12.

Company registration number: Cg.14-09-316378

Registering Authority: Court of Registry of Kaposvár

Company statistical code: 24971582-6010-113-14.

Tax registration number of the Company: 24971582-2-14

Executive officer entitled for representation: Máté Szabolcsi, managing director

Contact information of the Service Provider, the regularly used electronic mail address to maintain contact with the Users: info@fitradio.hu

User: 

All natural persons downloading the Application from the Appstore or Play Store in order to be able to use the Service are considered as Users.

Service: 

All functions of the Application becoming available to the User after logging in to the Application, including but not limited to the music Program provided by the Service Provider.

Introductory provisions

The FitRadio Application GTC contains general terms of contract related to the use of the Fitradio mobile application operated by the Service Provider (hereinafter referred to as “Application”), which shall be interpreted consistently with the effective general terms of contract of the Service Provider related to the service contracts applicable to the music broadcasting services (hereinafter referred to as Fitradio GTC).    

GTC of Fitradio is accessible via the following link: …………………………..

By downloading the Application and using the service, the User automatically accepts the provisions of the FitRadio application GTC and represents that he/she has familiarized with the said provisions and accepts them as binding upon him-/herself. 

With respect to the contracts concluded through the Application, this document is not filed, is concluded only in electronic format (is not regarded as a written agreement), not accessible later, does not refer to a code of conduct. 

The FitRadio Application GTC contains valid and effective provisions solely for the use of the Application, by starting the use of the Application, a contract is concluded between the user (hereinafter referred to s “User”) and the Service Provider.  

Data Controlling Rules

In the course of using the Application, the Service Provider shall handle the submitted personal data confidentially, in compliance with the provisions of  Act CXII of 2011 on information self-determination and freedom of information (hereinafter referred to as “Infotv.”), the detailed rules of which are contained in the Data Controlling Policy drafted on a separate sheet.

The User authorizes the Service Provider to potentially disclose his/her personal data (for example his/her name, place of residence or email address) in order to process payment transactions. 

The Data Controlling Policy applicable for the use of the services regulated in this GTC are accessible via the following link: https://fitradio.hu/adatkezelesi-tajekoztatas

Operation of the application

The purpose of the Application is to grant access for the User - following mandatory registration - to the musical Programs, to search for and stream music contents within them on his/her mobile device or other supported device (hereinafter referred to as “Device”). In order to use the Application, the User must possess a Device that meets certain system and compatibility requirements.

The User acknowledges that online listening to music Programs generates data traffic on his/her Device, which - subject to the contract concluded with the telecommunications service provider - may result in fee payment obligation (use-up or overrun of tariff plan).   The Service Provider disclaims liability for any damage arising from the fact that the User’s data traffic increased as a result of using the Application.

The User is responsible for any access and data traffic fee arising with third parties (such as internet or mobile service providers) in connection with the use of the Application. 

The User acknowledges that update of the Application and  musical Programs may become necessary from time to time, for example in case of bug fixes, advanced functions, missing plug-in modules and new versions (collectively referred to as “Updates”). Such updates may be necessary for the use of the Application and to access the Programs. By accepting this GTC and by using the Application, the User agrees to automatically accept such updates.

After downloading the Application and performing mandatory registration, the User may select between using free or premium account

Registration

Use of both the free and premium account is subject to mandatory registration.

In the course of registration the User must submit his/her valid data, such as his/her name, place of residence and email address; without submitting these details the registration cannot be completed. 

Furthermore, in order to successfully complete the registration, the User must verify that he/she has read and accepted the then effective general terms of contract.

In case if false data or data belonging to another person are submitted during the registration, the resulting electronic contract will be void. The Service Provider disclaims liability in case, if the User uses the services using other person’s data.

The Service Provider is not responsible in any way for any delay or other problem or fault resulting from faulty and/or inaccurate data provided by the User.

The Service Provider is not liable for the damages due to the fact that the User forgets his/her password or if the password becomes accessible to unauthorized persons for reasons that are not attributable to the Service Provider.

Data submitted upon registration, as well as additional data can be modified on the “Profile” page, where the User can also select between using free or premium Account. 

Free Account

Download of the Application, registration and - except for the use of Premium Account - limited use of the Application (Free Account) are free of charge. 

By selecting the Free Account, the User acknowledges and accepts that 

- during playing the Contents, the Service Provider is entitled and obliged to play advertisements in the duration of 20 (twenty) seconds every 20 (twenty) minutes.

- creation and use of individual playlists by the User is not possible/is limited (1 playlist).

Premium Account 

For full and ad-free use of the Application registration and creation of a Premium Account are necessary, which establishes monthly fee payment obligation. 

Users with Premium Account may create unlimited number of playlists.

For the creation and maintenance of a Premium Account, registration and continuous payment of monthly fees are required. 

The User may switch from Free Account to Premium Account on his/her “Profile” page.

Fee Payment

User of the Premium Account created by the registration is obliged to pay monthly fee for the Service Provider (subscription). 

For the purpose of monthly fee payment, a month is a period starting from the calendar day of the registration and ending on the same calendar day of the next month.

Amount of the monthly fee: 399 HUF, say Three hundred and ninety-nine forints payable monthly in advance by the User to the Service Provider.  

The monthly fee is settled by online credit/debit card payment via the Simplepay system. In case of online payment by debit/credit card, after the confirmation of the registration the system redirects the User to the online payment system of OTP Bank Zrt. operating the Simplepay system.   Data submitted here are only seen and controlled by the OTP Bank Zrt.; payment data (credit/debit card number, expiry, verification code) are not displayed or stored in the Service Provider’s system. The Service Provider cannot be held responsible for errors potentially occurring on the bank’s payment page.  

Termination

Users with Premium Account may decide at any time - while maintaining their registration - to terminate/cancel their Premium Account and shift to a Free Account.  In case, if the User wants to terminate his/her subscription and the use of the Premium Account, then he/she will have to cancel the subscription on his/her “Profile” page.  The User acknowledges that in case, if he/she cancels/terminates his/her Premium Account, the Service Provider will not be obliged to reimburse payments already made by the User. Up the expiry of the paid period, the User will have access to the subscribed service even after the cancellation of the subscription.

With a new subscription on his/her “Profile” page, the User may at any time return to the use of the Premium Account. 

During the use of the Application, the User may at any time decide to cancel his/her registration. The User may communicate his/her intention to cancel the registration via an electronic letter sent to the Service Provider, and the Service Provider shall take care of canceling the registration. Deletion of the registration and of the user account are irrevocable. Once deleted, the user account cannot be restored; if the User wants to use the system again, he/she will have to register again.

With respect to the subscribers of Premium Account - in addition to the termination rules regulated in the GTC of FitRadio - in case of contract entered into by the way of the Application described in this document, the Service Provider is entitled - without any separate legal action - to terminate the contract related to the Premium Account and the related service with immediate effect, if the User falls into payment delay exceeding 5 (five) days. 

Other provisions

With respect to issues not regulated in this Section and to the interpretation of the same, the effective law or the respective country shall be governing. Mandatory provisions of the applicable laws are governing for the Parties without any specific term. 

The User acknowledges that with the use of the Application - regardless to the registration - that he/she accepts all contractual terms contained in this FitRadio Application GTC as binding. 

Based on the above we ask you to use our service only if you agree with all sections of the FitRadio Application GTC and the FitRadio GTC, and accept all provisions contained therein as binding for yourself.

The present regulation will be valid and applicable from Sunday, March 31, 2019 until revocation. The Service Provider is entitled to unilaterally modify the present regulation. Modifications shall be made public on the Service Provider’s website by at least 11 (eleven) days prior to their respective effective dates. By using the Application, the Users agree that all regulations related to the use of the Application is mandatory for them.

Date: Budapest, Wednesday, March 20, 2019

…………………………………

Máté Szabolcsi

Executive Director

FitRadio Kft.

Service Provider