Welcome to the TeamPuli community!
TeamPuli is an online platform helping organizations and teams create gamified walk challenges to bring colleagues together and to boost team spirit, within companies and NGOs. TeamPuli services are provided by FitPuli Kft. (registered seat: 9024 Győr, Katód utca 6. I/3., Hungary, registration number: Cg. 08-09-029303) (“FitPuli” or “Us”).
This terms of service (this “Agreement”) apply to the use of and subscription to the TeamPuli products and services, including applications, websites and relating Software (the “Services”).
This Agreement is entered into by the entity or person placing an order for or accessing the Services (referred to as “Customer” or “Administrator”) and FitPuli. If you are agreeing to this Agreement not as an individual but on behalf of your organization, this Agreement will bind your organization, unless your organization has a separate agreement in effect with us. You confirm that you have the necessary authority to enter into this Agreement on behalf of your organization before proceeding.
By accessing and using the Services you agree to be bound by this Agreement. The offering of the Services to you is conditional on your acceptance of this Agreement. If you do not agree to this Agreement, you must not access or use the Services.
If you received an invitation as a participant of a TeamPuli Challenge set up by a Customer, then your use of the Service is governed by the User Terms.
1. Services and eligibility
- This Agreement governs access to the Services and Software. Customer and its Users may access and use the Services solely for Customer’s internal business purpose and in accordance with this Agreement, the Privacy Notice and the User Terms (if applicable).
- The Service consists of a web service (the “Service Account”) and the Team Puli application (the “Application”), which End-Users need to download separately from Apple App Store or Google Play. Users must be at least 18 years old. To use the Services and to participate in Challenges, each End-User needs a properly functioning device, in particular a smartphone with an up-to-date operational system and the Application may also provide functionality to connect a sport watch or fitness tracker.
- FitPuli may update the Services from time to time. If FitPuli changes the Services in a manner that materially reduces their functionality, FitPuli will notify Customer, and Customer may provide notice within thirty days of the change to terminate this Agreement.
- You can create a Service Account for the Customer by providing company information and your personal data. Once you create a Service Account, you will become the Primary Administrator with control over Customer’s Service Account, including the management Challenges, submission of Orders to active Challenges, invitation of End-Users and Co-Administrators.
- Within the Service Account, the Administrator(s) may create different community walk challenges for the members of Customer’s team(s) (the “Challenges”). The terms of the Challenges are set by the Customer independently and the Customer is solely responsible for the terms of these Challenges. FitPuli has no responsibility for the terms, timeframe or the eligibility criteria of such Challenges and Users cannot claim any payments or awards directly from FitPuli in relation to the completion of any Challenges.
- Subject to any limitation on the number of individual End-User Accounts under the Order, the Administrator may invite End-Users as the participants of the Challenges. To join a Challenge, each End-User must register an End-User Account, agree to the User Terms and acknowledge the Privacy Notice. An End-User may participate in one Challenge at a time. Once the Challenge is expired, the End-User may be nominated as a participant of a different Challenge.
3. Customer’s responsibility
- Customer is responsible and liable for its own business and for the use of the Services, as well as for ensuring that the Administrator(s) acting on its behalf and its End-Users act in accordance with the applicable laws and regulations.
- Customer is responsible for:
- acquiring the internet connections, data equipment, connections, software and other additional equipment needed for the use of the Services, including the costs, operation, maintenance and support of all such equipment, connections and software;
- all activities or failures to act that occur under its Service Account and End-User Accounts;
- the payment of fees in accordance with section 7. (Fees);
- maintaining the confidentiality of its Service Account and all End-User Accounts. Customer agree and acknowledge that login details cannot be shared or used by more than one individual per account.
- Customer agrees and acknowledges that, each End-User needs a properly functioning device (such as a smartphone and a sport watch or fitness tracker) to use the Services and participate in Challenges. Fitpuli is not responsible for any defects resulting from the lack of proper devices or proper use of such devices. FitPuli is not responsible for End-Users’ health and cannot monitor if the End-Users are able to train.
- Customer must contact FitPuli immediately, if they believe that the security of the Service Account or any of its End-User Accounts has been compromised, if they are lost or they have been misused.
4. Data processing
- In relation to the Services, FitPuli will process certain data about you and your End-Users which may include personal data. Any such data will be processed in accordance with the Team Puli Privacy Notice which you acknowledge.
- Customer is responsible for customer data (including personal data) as entered into, supplied or used by Customer and its End-Users in the Services. Customer represents and warrants that it is entitled to process and transfer to FitPuli the relevant personal data of End-Users and such processing complies with the applicable data protection laws. Customer undertakes that it will inform the relevant data subject regarding the processing of their personal data by FitPuli.
- By entering into this Agreement, Customer appoints and instructs FitPuli to process Customer Data on its behalf and to provide the Services in accordance with its features and functionalities. The categories of Customer Data to be processed by FitPuli and the processing activities to be performed under this Agreement are set out in the Data Processing Addendum, attached hereto as Annex 2, which is hereby agreed by the parties.
- Customer consents to FitPuli’s appointment of subcontractors, including sub-processors, to perform the Services. FitPuli will remain liable for all acts or omissions of its subcontractors or sub-processors, and for any subcontracted obligations. FitPuli will list its current sub-processors in the Privacy Notice.
- FitPuli is always striving to improve the Services. In order to do so, we use analytics techniques to better understand usage patterns and trends. These analytics are based on aggregate data. For more information on these techniques and the type of data collected, please read our Privacy Notice.
5. Availability, security
- FitPuli will make reasonable efforts to ensure that the Services are available to you. However, access to the Services may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of FitPuli’s control. FitPuli will use commercially reasonable efforts to avoid downtime of the Services, but assumes no liability if the Services or any part thereof is unavailable at any time or for any period.
- Fituli applies reasonable security practices during the provision of the Services. In relation to the processing of personal data, FitPuli implements and maintains technical and organisational measures in accordance with the applicable laws.
6. Intellectual Property
- Each party shall retain all rights, title and interest in and to all its respective patents, inventions, copyrights, trademarks, domain names, databases trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). This Agreement does not grant any right, title, or interest to you with respect to the Services or in any FitPuli Intellectual Property Rights, except as expressly set out in this Agreement.
- The Services are the property of FitPuli or FitPuli’s licensors. FitPuli grants you limited, non-exclusive, revocable permission to make use of the Services during the term of this Agreement. You agree not to use the Services in any manner not expressly permitted by this Agreement.
- Users may be required to download and install updates to the Application from time to time. Any update shall be deemed to be subject to this Agreement, unless indicated otherwise. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the Application and accepted any new terms.
- Unless otherwise instructed by Customer in writing, FitPuli may use any logo and/or name associated with Customer in its customer reference lists and other marketing materials.
- FitPuli offers both free and paid Services. By registering a Service Account, Customer may use free Services through its Service Account. To activate a Challenge, Customer must submit an Order and pay the fees in accordance with the relevant Order. The current prices and features of TeamPuli are availableUnless indicated otherwise, the prices include the amount of value added tax.
- Customer is responsible for the payment of fees, in the currency quoted at the time of the Order. The Customer authorizes FitPuli (i) to charge Customer for all applicable fees using Customer’s selected payment method, (ii) provide relevant information to third party service providers to complete the payment, (iii) issue an electronic invoice in accordance with the information provided by the Customer. The Customer must provide current, complete, accurate and authorized payment method information (e.g. credit card information). All fees are due at the time of the purchase. FitPuli may bill: (i) in advance; (ii) at the time of purchase; or (iii) shortly after purchase.
- Once an Order is submitted, the terms of the relevant Challenge (including its term and the number of participants) are final and the number of participants cannot be decreased. Challenge is activated once the Order is confirmed by FitPuli via email and the relevant fee has been received by FitPuli. Unless the Customer initiated a Trial Challenge in accordance with section 8 below, the Customer loses its right of withdrawal once the Challenge is activated. No refunds or credits for fees or payments will be provided to Customer if Customer elects to cancel the Challenge or downgrade the number of participants or the term of the Challenge.
- FitPuli reserves the right to revise and update the applicable fees, and the different packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively following the effective date of the fee revision or update.
- Customer may, for the first time, use the Services on a trial basis, free of charge, by initiating one Challenge with not more than 10 End-Users and for a fixed period of time of 14 days at the maximum, as determined by FitPuli in its sole discretion (“Trial Challenge”). Unless otherwise stated by FitPuli in respect of specific promotions, a Trial Challenge is only available to new FitPuli customers, and FitPuli reserves the right to cancel any Trial Challenge immediately if FitPuli becomes aware that Customer has already initiated a Trial Challenge on a different Service Account. The Trial Challenge starts on the day when the Customer creates the Trial Challenge and may require payment preauthorization.
- During the Trial Challenge, the Customer may cancel at any time until the last day of the Trial Challenge. Customer acknowledges and understands that if it initiates a Trial Challenge, any new Challenge will be subject to a payment and in respect those Challenges, no refunds are available, and all purchases are final in accordance with clause 7.3.
9. Acceptable Use
- FitPuli respects the rights of others and expects its Customers and Users to do the same.
- Information provided upon the registration of the Service Account must be true, current, complete and accurate. For the uninterrupted use of the Services, the Customer must maintain and promptly update its relevant data under the “Profile” tab, if there is a change in the data of the Customer. The Customer must ensure that its relevant data is true, current, complete and accurate at all times during the term of this Agreement. The Customer shall be responsible for any loss or damages resulting from its failure to update its data. The Customer and its Administrator cannot misrepresent the organization or himself and must not provide the personal data of another individual. FitPuli excludes any liability for any claim resulting from misrepresentation of identity and any damages resulting from such registrations shall be borne by the Customer.
- During the use of the Services, it is prohibited to:
- copy the Services or part of the Services, except for the scope in which such limitation is explicitly prohibited by law;
- analyse, reverse engineer, disassemble, or decompile the Software or the Services or apply any other process or procedure to modify them or create any derivative works;
- act in manner which violates law or may result in a violation of law, in particular transfer any content or data which is unlawful or breaches the intellectual property rights of others;
- by-pass or jeopardize the operation or the security of the Services.
- Some features of the Services may provide Users with interactive discussion spaces (“Chat”). Via Chat, Users may discuss different topics relating to the Challenges. The Chat function is entirely ancillary to the Services and for objective technical reasons cannot be used without or outside of the Services. Customer and Users are responsible for any content shared via the Chat function and any improper, unethical, or unlawful conduct is prohibited. FitPuli is not responsible for the content provided by Users, and all discussion within the Chat function is content created between participants at their own risk.
- Without affecting any other remedies available, FitPuli reserves the right to suspend and/or terminate any Service and/or End-User Account immediately on notice, if FitPuli – in its own discretion or after receiving substantiated and valid complaints – find that any User violate this Agreement or any applicable laws.
- In the unexpected case where a Challenge is unavailable for any reasons, FitPuli will, after becoming aware of the error or being notified of the error by you, investigate the reason of the error in accordance with Annex 1. FitPuli will act reasonably in deciding whether to provide Customer with a replacement Challenge, or issue a patch to repair the error. The Customer must notify FitPuli immediately about any errors, and must provide a detailed explanation.
11. Limitation of Liability
- The Services may contain integrated products and services which are provided by third parties and which are governed by third-party terms. FitPuli provides only technical access to such contents. FitPuli makes no warranty for any such third-party content or information and solely third parties are responsible for such products and services.
- Nothing in this Agreement restricts the liability of the parties for damages caused (i) to life, body or health by gross negligence; (ii) by intentional breach of obligations; (iii) by fraud or unfair deception; (iv) the infringement of the payment obligation of the Customer under the relevant Order; or any other liability that may not be limited or excluded under applicable law.
- Irrespective of the legal basis of liability, none of the parties are liable for (i) consequential damages; and (ii) lost profits, revenues, expected savings, business value, whether such losses or damages are caused directly or indirectly.
- Subject to clause 11.1, the aggregate liability of FitPuli for all claims relating to the Services irrespective of the legal basis, is limited to the amounts paid by the Customer to FitPuli for the past twelve months of the Services prior to the first event or occurrence giving rise to such liability.
- This Agreement sets out the allocation of risk between the parties in accordance with their agreement. The parties agree that the relevant fees of the Services represent an agreed allocation of the risks of this Agreement between the parties as well as the limitation of liability. The limitation of liability above shall apply in respect of any claims against any employees, suppliers or subcontractors of either party.
12. Term and termination
- This Agreement enters into effect on the day when you accept this Agreement and continues until terminated either by FitPuli or the Customer by sending an email to email@example.com.
- There is no refund for any prepaid Customer may terminate a free Service immediately without cause.
- The following sections will survive expiry or termination of this Agreement: Section 3 (Customer’s responsibility), Section 6 (Intellectual Property), Section 7 (Fees), Section 9 (Acceptable Use) and Section 11 (Limitation of Liability).
- FitPuli may terminate this Agreement by providing sixty-day notice if it discontinues the Service. In this case, FitPuli will provide Customer with a pro-rata refund of any pre-payment. FitPuli may terminate this Agreement for cause with a fifteen days notice, in particular if the Customer materially breaches this Agreement.
- If Customer is registered for a free Service and Customer has been inactive for at least 730 days and within such time period, Customer does not subscribe for a paid Service, FitPuli may suspend and/or terminate the FitPuli Services with a fifteen-day email notice to Customer in accordance with section 13.8. Upon dispatch of the notice, FitPuli will have no further obligations.
- If this Agreement is terminated: (i) the rights and licences granted by FitPuli to the Customer will cease immediately; (ii) FitPuli may delete any data relating to Customer’s Service Account and End-User Accounts in a commercially reasonable period of time in accordance with its Privacy Notice.
- FitPuli may revise this Agreement from time to time and the most current version will always be posted on its website. If a revision, in FitPuli’s sole discretion, is material, FitPuli will notify the Customer. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the revised Agreement terms, you may terminate the Agreement within thirty days of receiving notice of the change.
- The provisions of this Agreement apply to the maximum extent permitted by relevant law. If any court or relevant authority decides that any part of this Agreement is unlawful, unenforceable, or invalid, the remaining clauses will remain in full force and effect. This is the entire contract between the parties regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.
- The failure of either party to enforce a provision of this Agreement is not a waiver of its right to do so later. The waiver by FitPuli of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. Any remedy made available to FitPuli by any of the provisions of this Agreement is not intended to be exclusive of any other remedy.
- Customer may not assign or transfer this Agreement or any rights or obligations under this Agreement without FitPuli’s written consent. FitPuli may freely assign its rights and obligations under this Agreement in its entirety to an Affiliate.
- This Agreement is governed by Hungarian law, excluding the Hungarian conflict of law rules and the Vienna Convention on Contracts for International Sale of Goods.
- FitPuli may provide translations of this Agreement or other terms or policies. Translations are provided for informational purposes only. If there is any inconsistency or conflict between a translation and the Hungarian version, the Hungarian version will apply.
- Notices are to be sent by electronic means, in the form of an email. For notices addressed to Customer, the email address of the Administrator must be used. Notices through email will be deemed to have been duly given the day after it is sent. Upon the specific request of the Customer, any notice or other communications under or in connection with this Agreement must be sent in writing and by registered mail. FitPuli reserves the right to make reasonable steps to verify Customer’s identity before responding to or acting upon Customer’s request.
In this Agreement the following capitalized terms shall have the following meaning:
“Administrator” means a Primary Administrator designated by Customer who administers the Services on behalf of Customer in accordance with section 2, as well as the Co-Administrators invited by the Primary Administrator.
“Affiliate” means any entity that controls, is controlled by or is under common control with a party, where “control” means majority influence in accordance with Act V of 2013 on the Civil Code;
“Agreement” means this terms of service;
“Application” means the Team Puli application downloaded from Apple App Store or Google Play;
“Challenge” means a community walk challenge created by the Administrator for the members of Customer’s team(s) within the Services;
“Chat” means features of the Services that may provide Users which provides interactive discussion spaces;
“Co-Administrator” means the Administrator(s) invited by the Primary Administrator;
“Customer Data” means the personal data processed by FitPuli as a data processor in relation to the Services as set out in clause 3 c) of the Data Processing Addendum;
“End-User” means Customer’s team member who is invited as a participant of a Challenge;
“End-User Account” means an account registered by an End-User;
“Intellectual Property Rights” means all rights, title and interest in and to all its respective patents, inventions, copyrights, trademarks, domain names, databases, trade secrets, know-how and any other intellectual property and/or proprietary rights;
“Order” means any ordering document provided by FitPuli, online registration, or order confirmation referencing this Agreement;
“Primary Administrator” means the User who has registered a Service Account on behalf of the Customer or to whom the former Primary Administrator has assigned such role;
“Service Account” means an account registered by the Primary Administrator on behalf of the Customer for the use of the Services;
“Services” mean the Team Puli products and services, including applications, websites and relating Software;
“Software” means the software provided by Team Puli that allows Customer and Users to use any functionality in connection with the Services;
“Trial Challenge” means the first Challenge initiated by the Customer in accordance with clause 8.1;
“User” means an individual using or accessing the Services.
Annex 1: Troubleshooting and support
In this Annex, the following terms shall have the following meaning:
Error: if a certain function of the Software does not operate or does not operate correctly, as before. For the purposes of this Agreement, any problem that results from the improper use of the Service, or from the faults, settings or unfit of a device used by the Customer’s User, is not considered to be an Error of the Services.
Incident: any event which is not a part of the normal operations of the Services and which results in downtime of the Service or a decrease of the quality of the Services.
Complaint: any complaint submitted by the Customer solely in relation to Errors which has evolved in relation to the normal use of the Software, the Service Account or the End-User Account.
2. Potential error types
- Serious Error: An Incident which renders the Application and/or the Service Account or the End-User Account unavailable or significantly limits their use (the Application does not start, regularly freezes or exits, or the Application does not communicate with the server).
- Medium Error: An Incident which renders certain functions of the Services unavailable without making the Application and/or the Service Account or the End-User Account fully unavailable.
- Moderate Error: An Incident which does not affect the Services but reported only in respect of certain individual Users and does not render the Services unavailable.
Complaints must be submitted via e-mail to firstname.lastname@example.org on business days (with the exception of Hungarian bank holidays), between 8:00 and 15:00 from Monday to Friday. While the system receives messages outside of these time periods, any time period outside of normal business hours is not considered for the purposes of calculating the below deadlines.
Handling of complaints: business days, within normal business hours between 8:00 and 15:00.
Troubleshooting: business days, within normal business hours between 8:00 and 15:00.
4. Response time
16 business hours
3 business days
10 business days
* Calculated from the receipt of the complaint.
** Calculated from the first response of FitPuli.
Annex 2: Data Processing Addendum
1. FitPuli’s obligations
FitPuli as a data processor undertakes that it will:
- process Customer Data solely in accordance with the purposes specified in clause 3 below and only on documented instructions from Customer (which also includes the terms of this Agreement and the Order Forms), unless required to do so by Union or Member State law. In such a case, FitPuli will inform Customer of that legal requirement before processing, unless that law prohibits such information;
- ensure that persons authorised to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
- notify the Customer without undue delay from the day when FitPuli detects a data protection breach in relation to Customer Data. Upon request from the Customer, FitPuli shall reasonably assist the Customer with the handling of the data protection breach as well as make available necessary information to the Customer;
- upon the Customer’s written request, delete all the Customer Data after the termination of the Agreement, unless law requires storage of Customer Data, considering the nature and the functions of the Service.
2. Co-operation between the parties
- If Fitpuli receives a request for exercising the data subject’s rights from a data subject, FitPuli will forward such request to the Customer shortly. FitPuli will use reasonable endeavours to assist the Customer in responding to the requests in accordance with the legal requirements.
- If the Customer is required to carry out an impact assessment in relation to the Services, FitPuli will provide the Customer with all reasonable assistance and information required by the Customer to comply with such obligation, taking into account the nature of processing and the information available to FitPuli.
- FitPuli will permit the Customer (subject to reasonable and appropriate confidentiality undertakings) to audit if FitPuli’s data processing activities complies with its obligations under applicable laws and this Agreement.
3. Description of data processing
- In relation to this Agreement, the purpose of the data processing:
Organizing online walk challenges within the framework of the TeamPuli services, in accordance with the Terms of Service.
- In relation to the above, FitPuli processes in particular the below personal data:
- The personal data of the Customer’s Users in relation to the registration of the Service Account and the End-User Accounts, in particular: name, e-mail address, and
- End-User data collected in relation to the provision of the Service, in particular: user ID, number of steps, messages, and results of the Challenges.
This Data Processing Addendum does not apply to the aggregate statistics prepared in connection with the improvement of the Services and relating to usage patterns and trends in accordance with clause 4.5.