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Rivals Application Terms and Conditions

07.04.2025 r.

These Terms and Conditions set out the general terms for using the Services provided through the Rivals Application.

Definitions:

Application – the Rivals mobile application available in the Google Play and AppStore. Detailed information about the Application and its features can be found at: rivals.fit
Integration – the connection of the Application with external systems or services allowing for login or synchronization of physical activity data.
Account – access to the Application for the User after Registration, enabling the use of its functionalities.
Operator – Jędrzej Buliński, Strzyżawa 8D, 86-070 Dąbrowa Chełmińska, NIP: 5542986448, REGON: 386435434.
Privacy Policy – the privacy and cookie policy containing provisions on the processing of personal data by the Operator.
Payment Intermediary – the Stripe service, an online service facilitating payments between Individual Users and the Operator, operated under the terms described at: https://stripe.com
Employer – an entity employing or cooperating under a civil law contract with the Employee User, entering into a separate agreement with the Operator to provide dedicated Challenges.
Terms – these Terms of the Application. This document also serves as the electronic services agreement referred to in Article 8(1)(1) of the Act on Providing Electronic Services of July 18, 2002.
Registration – the process of creating an Account, which includes providing data required by the Application, accepting the Terms and the Privacy Policy, and activating the Account.
Account Agreement – a distance contract for the provision of Account management services between the Operator and the User via the Application, concluded when the User accepts these Terms and registers an Account. The Agreement is concluded for an indefinite period.
Services – services provided or made available by the Operator through the Application.
User – an entity using the Application after Registration. There are two types of Users:
1. Individual User – a person who has individually and at their own expense registered in the Application.
2. Employee User – an employee or contractor (i.e., a person providing services to the Employer under a civil law contract), who has registered in the Application in connection with a separate agreement between the Operator and the Employer.
Whenever the term "User" is used in these Terms, it refers to both types of Users.
Verification – the process of verifying the User registering an Account in the Application by the Operator, including confirming the activation code sent to the email address provided during Registration by the User.
Challenge – an activity available in the Application involving the achievement of a specified goal individually or in a group within a set time. Challenges may be organized by the Operator, Users, or Employers.

Introductory Provisions
1. These Terms set out the rules for using the Application by the User. Every User is obliged to familiarize themselves with the Terms and accept them before using the Application.
2. By using the Application, the User agrees to be bound by these Terms. If the User disagrees with any of the provisions of these Terms, they are not allowed to use the Application's functionalities.
3. Registration and use of the Account are free of charge.
4. Joining individual Challenges within the Application may be subject to a fee. Payment terms and refund conditions are specified in section 5 of these Terms.
5. The Terms are made available in an unlimited and free manner on the website: https://rivals.fit/terms and within the Application. The Terms are also available upon request from the User, in a way that allows obtaining, accessing, and storing the Terms using the User's telecommunication system.
6. The Employee User uses the Application in connection with a separate agreement between the Employer and the Operator.
7. Unless otherwise specified, whenever the Operator's email address is mentioned, it refers to the email: [email protected]
User Account
1. The User can use the functionalities of the Account only after Registering in the Application according to the terms specified in these Terms.
2. Registration of the User Account can be done in two ways:
  1. Through filing out the form using an email address. In this case, Registration requires:
    1. Filling in the form available in the Application and providing the required data as specified in the form;
    2. Familiarizing with and accepting the Privacy Policy and Terms;
    3. In the case of an Employee User – providing a company email address or a code established individually between the Operator and the Employer.
    4. Successfully completing the Verification process.
  2. By using the Integration with an external tool as a Google, Strava, or FitBit, on which the User already has an account, using the data from that external account. In this case, Registration requires:
    1. Selecting the appropriate external tool and accessing it via the Application;
    2. Familiarizing with and accepting the Privacy Policy and Terms;
3. After fulfilling the obligations listed in section 2.2.1., an activation code will be sent to the User’s email address. Registration is completed once the User activates the Account. At this moment, an Account Agreement is concluded.
4. In the case of Registration mentioned in section 2.2.2., upon fulfilling the obligations specified there, the Account Agreement is concluded.
5. The User is obliged to provide true, correct, and up-to-date data during Registration and while using the Application. The User must update their data in case of any changes.
6. The User agrees to keep their Account access data confidential and protect them from unauthorized access by third parties. The User is obliged to immediately inform the Operator if they learn that their access data has been obtained by unauthorized third parties, and if possible, change it immediately.
7. In order to ensure the proper functioning of the Services and the safety of users, the Operator reserves the right to conduct an additional verification of the accuracy and truthfulness of the data provided by the User. If the verification is unsuccessful, the Operator may suspend or block the Account.
Services
1. The Application allows Users to participate in sports-related and health- and eco-friendly lifestyle Challenges, both publicly and privately.
2. The Services provided through the Application include:
  1. Participation in publicly available sports and health-related Challenges organized by the Operator or other Users;
  2. The ability to create private sports Challenges set by the User with specified rules, duration, and participants;
  3. Participation in narrative Challenges that may include elements of storytelling and offer physical prizes;
  4. Access to dedicated corporate Challenges – Challenges created by the Operator at the Employer's request, visible and available only to Employee Users who have Registered using their company email address or access code, as mentioned in section 2, point 2.2.3.
  5. Use of motivational and social functions, such as gamification in the form of points, badges, rankings, and the ability to track progress and results in Challenges.
  6. Automatic synchronization of physical activity with external applications and devices selected by the User through Integration, including:
    1. Strava
    2. Fitbit
    Synchronization occurs with the User's consent and according to the settings of the respective system or application.
3. The User can also log in to the Application through selected external applications mentioned in section 3.2.6.
4. The Operator is not responsible for temporary unavailability of external applications or the withdrawal of their Integration services. In the case of the termination of Integration services, the previously synchronized data will remain stored in the Application.
5. Access to the Application is free for all Users. Participation in certain Challenges may be subject to a fee for Individual Users, as specified in section 5 of these Terms. Information about the payment and participation conditions is provided to the User before joining any Challenge. Fees for Employee Users participating in Challenges are borne by the Employer based on a separate agreement between the Employer and the Operator.
6. The Employer enters into a separate agreement with the Operator, based on which the Operator prepares and provides Employee Users with access to corporate Challenges.
7. The Employer does not have an Account in the Application and does not manage Employee User data within the Application.
8. Under the separate agreement between the Employer and the Operator mentioned in sections 3.6 and 3.7, the Operator will provide the Employer with an aggregated statistical report on Challenge participation, including information such as the number of participants, total physical activity time, CO₂ emission savings, calories burned, altitude gained, activity sources, and other collective and anonymous data, with no possibility of identifying specific individuals.
9. The Operator reserves the right to develop the Application and introduce new Services.
Participation in Challenges
1. The User joining a given Challenge is obliged to follow the rules specified in its description and, if applicable, the detailed regulations for that specific Challenge.
2. Information about the organizer of the Challenge will be provided to the User in the Application before the User joins the Challenge.
3. Challenges may be organized by:
  1. The Operator – in which case, the Challenge rules are set by the Operator and are made available to the User in the Application before joining the Challenge.
  2. The Employer – under an agreement with the Operator, the Employer may commission the Operator to create a dedicated corporate Challenge. In this case, the Employer acts as the organizer and provides its own rules for the Challenge, unless otherwise stipulated in the agreement. The Operator is not responsible for the content of the regulations unless it is the author.
  3. Other Users;
4. As a participant in the Challenge, the User is obliged to:
  1. Follow the principles of fair play,
  2. Enter only actual, self-achieved results,
  3. Refrain from using tools, devices, or applications that disturb the proper course of the competition.
5. The User participates in Challenges voluntarily, at their own risk, and considering their health and physical condition. The Operator recommends consulting a doctor before engaging in any physical activity, particularly for Users with chronic illnesses or health limitations. The Operator is not responsible for any injuries, harm, or other damages arising from participation in Challenges.
Payments
1. Creating an Account and using the Application are free of charge. However, the User may be required to pay a fee for joining certain Challenges if the fee information is clearly indicated in the description of the Challenge.
2. Information about the amount of the fee, the method of payment, available payment methods, and the terms for possible refunds is provided in the description of each Challenge in the Application before registration.
3. Payments are processed through the Payment Intermediary. The Operator does not process payment card or bank account data of Users.
4. In case of a failed payment (e.g., rejected by the Payment Intermediary), the User will not be registered for the Challenge. The User can attempt to make the payment again.
5. Participation in Challenges organized on behalf of the Employer does not require payment by the Employee User. The Employer bears the costs of such Challenges based on a separate agreement with the Operator.
6. If the User has paid for participation in a Challenge that is later canceled due to reasons attributable to the Operator, the fee will be refunded within 14 days of the event cancellation, using the payment method originally used.
7. The User may cancel the payment and receive a refund within 14 days of the payment, provided they have not started participating in the Challenge. A refund will not be granted if the User cancels their participation after the Challenge has started unless the terms of that specific Challenge specify otherwise.
8. For Challenges subject to separate regulations, the payment, refund, and cancellation terms may be differently regulated in those regulations. In such cases, the provisions of the specific Challenge regulations will take precedence.
9. The Operator reserves the right to offer discounts, promotional codes, and special offers related to fees for participation in Challenges. The conditions of such promotions are defined separately and apply exclusively within the specified scope and period.
10. The acceptable payment currency is the Polish złoty (PLN).
11. The Operator is not responsible for incorrect data provided by the User, on the basis of which the payment was made.
Duration of Account Agreement and Termination of Account Agreement
1. The Account Agreement is concluded for an indefinite period when the User activates the Account according to the terms specified in Chapter 2 of these Terms.
2. The User has the right to terminate the Account Agreement at any time and request the deletion of the Account. The User informs the Operator of their intention to terminate the Account Agreement via email.
3. Deleting the Account is equivalent to terminating the Account Agreement. Upon termination of the Account Agreement, the User loses access to the information and functionalities related to the Account.
4. The Operator may terminate the Account Agreement with the User immediately and block access to the Application in the event of:
  1. A serious breach of the provisions of these Terms (in particular, the rules of fair play or providing false data) by the User,
  2. Misuse of the Application by the User,
  3. A violation of the law by the User.
5. Before deleting the Account due to reasons attributable to the User as mentioned in section 6.4, the Operator will, if possible, inform the User of the intention to terminate the Account Agreement with a 7-day notice period, sending a message to the email address associated with the Account, giving the User the opportunity to respond to the reasons provided.
6. In the case of Employee Users, the agreement between the Employer and the Operator does not affect the duration of the Account Agreement between the Operator and the Employee User. The termination of the agreement between the Operator and the Employer does not automatically delete the Employee User’s Account, but will result in the loss of access to the dedicated corporate Challenges.
Technical Requirements
1. Using the Application requires access to the public Internet network.
2. To properly use the Application and manage the Account, the following minimum technical requirements must be met:
  1. Possession of a mobile device with the iOS operating system version at least 16 or Android version at least 10
  2. Access to the Internet.
  3. An active email account.
  4. The installation of the current version of the Application downloaded from the App Store or Google Play.
3. The Operator recommends regularly updating the Application to the latest version to ensure full functionality and security. After 6 months from the release of a new version of the Application, older versions may lose support. Users will be informed about the availability of updates.
Intellectual Property
1. The Application, as the exclusive property of the Operator, is subject to legal protection, especially under copyright law and industrial property law. This protection covers the structure of the Application, source code, graphic design, user interfaces, trademarks, gamification elements, and all other works within the meaning of copyright law or elements recognized by law as intangible assets. The Operator has all rights to the Application, except for rights granted to the User under these Terms.
2. The User is granted a non-exclusive, non-transferable, and non-sub-licensable license to use the Application solely for personal use, in a manner that allows proper use of its functionalities in accordance with its purpose, on the device where it has been installed.
3. The following is strictly prohibited:
  1. Copying, distributing, modifying, publicly sharing, or using any elements of the Application without prior written consent from the Operator.
  2. Creating derivative works, sublicensing, or granting third parties access to the contents of the Application.
  3. Using reverse engineering or other methods to discover the source code of the Application.
  4. Circumventing or removing technical protections that safeguard the Application or its content.
4. The User retains the rights to any content they upload to the Application (such as Challenge names, descriptions, comments, photos, avatars, message content, etc.). The User grants the Operator a non-exclusive, free, unlimited, territorial and time-bound license to use this content as necessary to ensure the functioning of the Application, specifically for storing, reproducing, displaying, and sharing it with other Users.
5. The User agrees that the content they upload to the Application will not infringe the copyrights, industrial property rights, or other rights of third parties.
6. For corporate Challenges, the names and trademarks of the Employer and other partner companies are used solely based on agreements between the Operator and these companies. The User does not acquire any rights to these marks.
7. If the Operator receives information about unlawful content uploaded by the User to the Application or related activities, the Operator is entitled to immediately remove the content or block access to it.
8. Any entity whose rights may have been infringed may report the infringement by sending relevant information with justification to the Operator's email address provided in the Terms.
Personal Data Protection
1. The Operator acts in accordance with applicable data protection laws. Detailed information about the scope, rules, and conditions of privacy are available in the Privacy Policy on the following page: https://rivals.fit/privacy.
2. Using the Application requires prior reading and acceptance of the Privacy Policy.
3. Some Challenges available in the Application may be organized by third parties, including Employers, based on separate agreements with the Operator. In such cases, the organizer of the Challenge may independently determine the conditions of its execution, including the terms of personal data processing and the Challenge’s regulations. Information about the organizer, their status as a data controller, and the applicable privacy policy will be provided to the User before joining the Challenge.
Prohibited Activities by the User
1. The User is required to use the Application in accordance with its purpose, the law, social norms, the provisions of these Terms, and with respect for the rights of the Operator and other Users.
2. It is strictly prohibited to:
  1. Undertake activities that may disrupt the proper functioning of the Application, including interfering with its content, functionalities, or technical safeguards.
  2. Use the Application in a manner inconsistent with its purpose, particularly for unlawful, unethical, malicious actions, or those that violate public decency.
  3. Provide false, outdated, or misleading data during Registration or while using the Application.
  4. Share the Account with third parties or use another User’s Account.
  5. Use automation tools to falsify activity data, manipulate Challenge results, or violate fair play rules.
  6. Upload unlawful, offensive, obscene, or inciting violence, hatred, or discrimination content.
  7. Post promotional, advertising content or links to external websites without the Operator’s consent.
  8. Conduct security tests (e.g., penetration tests) without prior written consent from the Operator.
3. The Operator may, following the principles of proportionality, take appropriate actions against the User in the event of a breach of these Terms, including:
  1. Temporarily suspending the Account,
  2. Permanently blocking the Account,
  3. Blocking access to specific functionalities of the Application,
  4. Denying participation in a Challenge or awarding a prize.
4. Account suspension means temporarily limiting its functionality. The User will lose the ability to actively use the Application, including participating in Challenges.
5. Account blocking means permanently disabling access to the Account and removing the ability to log in. This decision is made in the case of a serious violation of these Terms or the law.
6. In case of a severe violation of the law or repeated violations of the Terms, the Operator may also notify the appropriate authorities.
7. The User is obliged to comply with the provisions of this Chapter at all times when using the Application and with respect to every functionality offered.
Responsibility and Technical Support
1. The Operator makes every effort to ensure the accuracy, precision, and availability of the Application, including its functionality and content. The Operator takes reasonable actions to ensure the continuous operation of the Application.
2. The Operator is not responsible for:
  1. Interruptions in the Application's operation caused by reasons beyond the Operator’s control, including network infrastructure failures, unavailability of external services, or incompatibility on the User's device.
  2. Interruptions caused by force majeure events, such as natural disasters, energy system failures, DDoS attacks, war actions, epidemics, riots, strikes, or other unforeseen events beyond the Operator's control.
  3. Malfunctioning integrations with external services such as Google Fit, Strava, Fitbit, in case of unavailability of these services or errors on their side.
  4. Consequences of using the Application in a manner inconsistent with its intended purpose.
  5. Damages resulting from physical activities undertaken by the User within Challenges, including injuries, harm, or deterioration of health.
  6. Lack of awards, benefits, or other entitlements granted by third parties organizing the Challenges (e.g., Employers), if the Operator was not the organizer or sponsor.
  7. Content sent, published, or otherwise made available by Users or Employers, including descriptions, messages, comments, and multimedia materials.
3. It is recommended to keep a backup of important activity data in other services.
4. The Operator is not responsible for the course and results of Challenges organized by the Employer or other third parties. In this case, the full responsibility for the content and organization of the Challenge lies with the organizer.
5. The Operator does not provide health, training, or dietary services. The Application is not a substitute for medical consultations. The User uses it at their own risk and in accordance with their health condition. The Operator recommends a medical consultation before engaging in physical activity, especially for individuals with chronic diseases.
6. In case of technical problems or errors in the functioning of the Application, the User can report the issue via email at: [email protected]
7. Technical support is available from Monday to Friday (working days) between 8:00 and 16:00. Requests made outside of these hours will be processed in the following working days.
8. The Operator will make reasonable efforts to respond to technical inquiries within 5 working days of receipt. In case of more complex requests, this period may be extended, and the User will be notified accordingly.
Inquiries and Complaints
1. Inquiries, requests, complaints, and comments regarding the functioning of the Application or the Services provided through it should be directed to the address: [email protected]. A complaint should include at least the User's name, the email address associated with the Account, and a detailed description of the circumstances and irregularities that are the cause of the complaint. If the information provided in the complaint is insufficient for the Operator to investigate the complaint, the Operator will contact the User to clarify the doubts or request additional information via email, if necessary for the proper processing of the complaint, specifying the exact doubts or required information. If, despite this, the User does not submit the required data, the Operator may leave the complaint unaddressed.
2. Complaints will be processed within 14 days from the date of receipt. The response to the complaint will be sent electronically to the email address provided in the complaint, unless the User has indicated a different contact address.
3. By submitting a complaint, the User agrees to the processing of their personal data to the extent necessary for the handling of the complaint, in accordance with the Privacy Policy.
Dispute Resolution
1. Disputes between the Operator and the User will be resolved first through amicable means – via email contact and exchange of positions. If no agreement is reached within 30 (thirty) days from the date one party informs the other about the dispute, the dispute may be referred for resolution by the competent court of general jurisdiction.
2. Users who are consumers have the option to use extrajudicial means of settling complaints and claims, particularly before the Permanent Consumer Arbitration Court at the Provincial Inspectorate of Trade Inspection. Information about the rules and procedures for accessing these proceedings is available at: https://polubowne.uokik.gov.pl.
3. Disputes between the Operator and the Employer arising from the agreement concerning the organization of corporate Challenges and related to the Services offered within the Application are regulated separately based on the provisions of the concluded agreement.
Final Provisions
1. The Operator reserves the right to amend the provisions of the Terms, particularly in the case of:
  1. The need to adapt the Terms to changes in applicable laws, decisions by relevant public authorities, or court rulings.
  2. The development of the Application, including the introduction of new Services or modification of existing functionalities.
  3. Improving the security of the Application and protecting User data.
  4. Updating the data identifying the Operator or contact details.
  5. Removing ambiguities, inconsistencies, or editorial errors.
2. The User will be notified of any changes to the Terms by:
  1. Posting the new version of the Terms in the Application and on the website: https://rivals.fit/pl/terms.
  2. Sending information about the changes to the email address associated with the Account.
3. Changes to the Terms will take effect within the period specified by the Operator, which will not be shorter than 14 days from the date of notifying the Users, unless applicable law requires a different period. The User should familiarize themselves with the changes introduced by the Operator.
4. A User who does not agree to the changes in the Terms has the right to terminate the Account Agreement immediately before the amended Terms come into effect. Continuing to use the Application after the changes to the Terms take effect is considered as acceptance of those changes.
5. The law applicable to all agreements between the Operator and the User is the relevant Polish law.
6. In case of any inconsistency between any part of the Terms and the applicable law, the relevant provisions of Polish law shall apply instead of the contested provision of the Terms.
7. The Application may display system messages to the User regarding, among other things, the availability of new Challenges, changes in the Terms, reminders about activity, or Application functionality. These messages are not marketing communications and are part of the service provided through the Application.
8. The User may at any time disable push notifications in the system settings of the device they are using or in the Application settings, if this feature is available.