Terms of service

The website www.beactivetv.pl (" Website") is operated by the company "BEBIO" Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw at the address: 02-677 WARSZAWA, ul. Cybernetyki 13/19, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number 0000424933, with the share capital of PLN 20,000.00, NIP: 5252533572, REGON: 146181882. Persons included in the Management Board/Partners: Greek citizen Eleftherios Kavoukis (PESEL: 75041719439) – President of the Management Board / 200 shares worth PLN 10,000 / beneficial owner, Polish citizen Ewa Chodakowska – Kavoukis (PESEL: 82022415743) – Vice President of the Management Board / 200 shares worth PLN 10,000 / beneficial owner.
Contact details:
E-mail address: kontakt@beactivetv.pl
Telephone number: +48 799 355 560, hotline open from Monday to Friday from 10.00-16.00.

§ 1.

  1. Whenever the Regulations refer to:
    • BEBIO – this shall be understood as the company "BEBIO" Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw at the address: 02-677 Warsaw, ul. Cybernetyki 13/19, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number 0000424933, with the share capital of PLN 20,000.00, NIP: 5252533572, REGON: 146181882;
    • User – a natural person who is a consumer within the meaning of art. 221 of the Civil Code using the Website;
    • Mobile Application – software enabling the use of the Website and access to the Audiovisual Materials covered by the Agreement, intended for portable devices such as: tablets, mobile phones, smartphones and palmtops equipped with appropriate operating systems;
    • Audiovisual Materials– all content published or made available on the Service by BEBIO, in any form, in particular audiovisual, text, graphic, photographic and sound content, regardless of whether they constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights constituting goods containing digital content or a digital service or connected with them in such a way that the lack of digital content or a digital service would prevent its proper functioning
    • Service– the BeActiveTV internet service belonging to BEBIO, available at the internet address https://www.beactivetv.pl or its extensions; through the BEBIO Service, as a result of the concluded Agreement, enables the User to access Audiovisual Materials on the terms specified in the Agreement;
    • Agreement – an agreement concluded remotely by electronic means between BEBIO and the User, the subject of which is the provision of the VOD Service by BEBIO on the Service. The content of the Agreement is determined by the provisions of the Regulations;
    • VOD Service – a paid audiovisual media service consisting in providing digital content to the User in the form of Audiovisual Material, in order to watch it via the Service, in particular at a place and time chosen by the User;
    • Hardware Platform – a programming environment that meets the minimum technical parameters specified in the Regulations and has access to the Internet, allowing the use of the Service;
    • Price List – the current price list for a given type of Subscription presented at www.beactivetv.pl.
    • VOD Social Media Services– free audiovisual media services, consisting in providing digital content to the User in the form of Audiovisual Material, for viewing via BEBIO Social Media or Ewa Chodakowska – Kavoukis within the Facebook, Instagram, Youtube, TikTok platforms, in particular at a place and time chosen by the User. VOD Social Media Services may contain shortened versions of materials available in a paid version or materials not published within the Service. The condition for viewing the materials may be following a given profile within Social Media by the User in accordance with the privacy settings of communication channels within Social Media. Using the Materials available within the service does not require registration on the Service or providing additional data than indicated by the data administrators in the Social Media used by the User.
  2. The Regulations specify detailed rules for concluding the Agreement and using the Service, including the provision of Audiovisual Materials. The Regulations are available to Users at http://beactivetv.pl/en/terms-of-service.
  3. The Regulations of the Service constitute the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of services by electronic means.
  4. Before registering on the Service, the User should familiarize themselves with the Regulations. By registering an account on the Service, the User confirms that they have familiarized themselves with the Regulations and accept the provisions contained therein in full and without reservations. This declaration is made by marking an active field, specified and visible during registration.
  5. The Service provides Users using goods or content delivered digitally with:
    1. integration - the combination of digital content or a digital service with elements of the consumer's digital environment and their inclusion in these elements in order to ensure compliance with the contract for the supply of digital content or a digital service;
    2. compatibility - the interoperability of digital content, a digital service, or a product with computer hardware or software that are typically used to use digital content, a digital service, or a product of the same type, without the need to transform them;
    3. functionality - the ability of digital content, a digital service, or a product to perform its functions, taking into account its intended use;
    4. interoperability - the ability of digital content, a digital service, or a product to interact with computer hardware or software other than those typically used to use digital content, a digital service, or a product of the same type;

provided that this content or services is used in accordance with the technical conditions specified in these Regulations, in particular the hardware requirements or technical conditions necessary to be met by the User in order to use the Products offered. In the case of digital content, the Service Provider shall inform about updates, including those regarding security, necessary to maintain the compliance of the digital content or digital service with the contract and shall provide them to the Consumer for the period:

     a. of providing the digital content or digital service specified in the contract, on the basis of which the delivery takes place on a continuous basis, or

     b. reasonably expected by the Consumer, taking into account the type of digital content or digital service and the purpose for which it is used, as well as the circumstances and nature of the contract, if the contract provides for the delivery of digital content or digital service on a one-off basis or in parts.

  1. Within the Service, it is possible to use ranking - this means granting a specific visibility to products or weighting given to search results by the Service operator, within the Internet search function - in the case of ranking, the Service operator indicates the criteria for ordering Products and allows for changing these criteria in accordance with the options indicated in the search.

§ 2

  1. In order to gain access to the VOD Service, you must register on the Service.
  2. When registering on the Service, the User should indicate their data in the form allowing for their correct identification. The condition for registration on the Service is that the User indicates all the required data.
  3. The User can register on the Service via an external account on Facebook or Google. Registration via an external account requires acceptance of the regulations of this service.
  4. As a result of the User's registration on the Service, selection of the type of subscription and payment for access to the VOD Service, an Agreement is concluded between the User and BEBIO.
  5. BEBIO provides the User with confirmation of the conclusion of the Agreement and consent to the delivery of digital content in circumstances resulting in the loss of the right to withdraw from the Agreement on a durable medium (via e-mail).

§ 3

  1. Within the Service and the Mobile Application it is possible to purchase a subscription to the VOD Service in the subscription model.
  2. Subscription means the service of selling a subscription for access to the VOD Service at specified intervals (hereinafter referred to as "Subscription") in accordance with the Price List.
  3. Renewable subscriptions for a period of 1 (one) month, for a period of 3 (three) months and for a period of 12 (twelve) months are concluded for an indefinite period with the possibility of termination at any time with effect at the end of the current settlement period. The settlement period is one month counted as 30 consecutive calendar days - in the case of a subscription for a period of 1 month and three months counted as 90 consecutive calendar days - in the case of a subscription for a period of three months, and 12 months counted as 365 consecutive calendar days - in the case of a subscription for a period of twelve months. The purchase of a renewable subscription for a period of 1 month and 3 months is available in the Service and in the Mobile Application. The purchase of a renewable subscription for a period of 12 months is available only in the Application Mobile.
  4. One-time subscription for a period of 3 months and One-time subscription for a period of 12 months is an agreement for a fixed period and ends on the last day of the period for which it was concluded.
  5. When registering on the Website, the User should:      1) select the type of Subscription from the list of available ones: i.e. "1 month", "3-month renewable subscription", "3-month one-time subscription", "12-month one-time subscription";      2) place an order on the Website by using the "I choose" button and creating an account on the Website.
  6. When purchasing in the Mobile Application, the User should:      1) Select the type of Subscription from the list of available ones, i.e. "1 month", "3 months" or "12 months"      2) Place an order in the Mobile Application by using the "Subscribe" button
  7. The provision of the VOD Service lasts from the moment of conclusion of the Agreement until its termination as a result of:      1) cancellation of the Subscription by the User (resulting in the termination of the Agreement) no later than 24 hours before the start of the next billing period;      2) lack of funds on the User's payment card and five unsuccessful attempts to charge the card;      3) expiry of the period for which the Subscription was concluded (applies to a one-time 3-month Subscription, a one-time 12-month Subscription or lifetime access.
  8. The subscription purchased on the Website can be canceled in the User Panel by clicking the "Cancel subscription" button on the Website. After clicking this button, the user will receive a return message - depending on the payment method selected when purchasing the subscription.

If:

    1) a payment was made via the mobile application, the following message will be displayed: "Cancellation of the subscription is only possible from the store level" and then you should follow the instructions described in point 9 below;

    2) a renewable PayU payment was made, the collection of further fees will be canceled and the following message will be displayed "The collection of further fees has been canceled";

     3) a payment was made together with the phone bill, the collection of further fees will be canceled and the message "The collection of further fees has been canceled" will be displayed;

     4) a one-off PayU/PayPal payment was made, the message "A one-time product has been purchased, no further fees" will be displayed;

  1. The Subscription purchased in the Mobile Application can be canceled in the AppStore, Google Play and Huawei App Gallery (depending on the operating system installed on the User's phone):

     1) In AppStore - the user must open the AppStore, select the account section, select the "Subscriptions" section, then click on the BeActive TV application and then "Cancel Subscription" or "Cancel Trial". You can also cancel the subscription from Settings. More information: https://support.apple.com/pl-pl/HT202039

     2) In Google Play - the user must open Google Play, select the "Account" section, the "Payments and Subscriptions" section, then click on the BeActive TV application and then "Cancel Subscription" or "Cancel Trial". More: https://support.google.com/googleplay/answer/7018481?hl=pl&co=GENIE.Platform%3DAndroid.

     3) In Huawei App Gallery - the user must go to Account Center > Payment and purchases > Subscriptions/payments without entering passwords. More information: https://consumer.huawei.com/pl/support/content/pl-pl00791633/

  1. The intention of the Parties in the case of concluding an agreement for lifetime access to the Subscription is for the User to have time-unlimited access to the Service. If the User purchases lifetime access, the subscription expires in the following cases:

     1) upon the death of the User;

     2) upon BEBIO losing access to the content covered by the subscription service,

     3) upon BEBIO ceasing to conduct business activity, regardless of the reason;

     4) in the event of BEBIO discontinuing the provision of services covered by the subscription,

      5) after 7 years from the User's last login to the Service,

  1. In the case of purchased lifetime access - the subscription is paid once. In the event that BEBIO discontinues the provision of services for the reasons specified in paragraph 10 points 2 - 5, the User is entitled to a refund of the unused part of the subscription in the amount corresponding to the difference between the amount paid and the used period calculated according to the price of the annual subscription available under the one-time subscription.
  2. BEBIO may introduce additional services separately payable in relation to the services offered in the subscription model. In the case of using subscription access to BEBIO services, BEBIO may periodically inform Users about new functionalities available under the subscriptions held.

§ 4

  1. The moment of crediting the bank account indicated by BEBIO with the payment for access to the VOD Service is considered the moment of crediting the bank account indicated by BEBIO.
  2. BEBIO is not responsible for the consequences of delays in making payments, for which the entities handling payments are responsible.
  3. In the event of reasons beyond BEBIO's control, the registration deadline in the Service may be extended. In such a case, BEBIO is obliged to immediately notify the User about this and indicate a new, approximate registration deadline. If the new deadline is not accepted by the User, he or she may withdraw from the Agreement, and the payment made will be returned to the User.
  4. Access to the Service will be granted immediately after BEBIO receives confirmation of acceptance of the payment by the payment operator.

§ 5

Payment for access to the VOD Service can be made in the manner selected at the time of registration on the Website. BEBIO provides the following forms of payment for access to the VOD Service, whereby BEBIO reserves the right to decide on the available forms of payment for individual packages:

  1. via PayU quick payments;
  2. by payment card - supported payment cards are Visa, Mastercard, Maestro, and the amount due is collected at the time of acceptance of the transaction by the payment operator;
  3. via PayPal;
  4. together with the telephone bill (only in the case of selecting the 1-month renewable subscription option);
  5. via the Mobile Application - in the AppStore, Google Play and Huawei App Gallery (depending on the operating system installed on the User's phone) - this option applies only to renewable subscriptions.

§ 6

  1. Use of the Service, including the Audiovisual Materials, is permitted only for private purposes, in no way related to conducting business activity.

  2. As part of the VOD Service, the User grants the User a non-transferable, non-exclusive and limited license to reproduce the Audiovisual Materials solely for the User (for his/her own use). For the avoidance of doubt, the User does not acquire the right to:      1) publicly present, distribute, make available and otherwise use the Audiovisual Materials in any form;      2) record or otherwise record the Audiovisual Materials,      3) sale, rental, lease, licensing and other disposal of Audiovisual Materials,

    in particular for commercial purposes or other purposes that are to result in the User generating income.

  3. The User may use the Service while staying in the territory of the Republic of Poland.
  4. The availability of the Service, including Audiovisual Materials, for the User staying outside the territory of the Republic of Poland may be limited in whole or in part.
  5. The Service is available only on the following hardware platforms that meet the technical requirements specified in the Regulations, i.e. a web browser, Mobile Application - Android, Mobile Application - iOS, Mobile Application - Huawei App Gallery, Android TV.
  6. The User gains access to the current content of the VOD Service. The current list of the content of the VOD Service is available on the Service. BEBIO may change the data contained in the Service, including Audiovisual Materials, at any time it chooses. The User acknowledges that some Audiovisual Materials may be available as part of the VOD Service only for a limited period of time due to legal restrictions imposed by content owners. Changes, modifications or updates to the content of the VOD Service and other changes to the appearance of the Service are not considered to be a change to the Agreement or the VOD Service.
  7. BEBIO declares that additional services, e.g. live trainings, may be launched as part of the VOD Service and may be made available to the User without the need to incur additional fees. The User acknowledges that changes to additional services are dependent on currently adopted decisions by BEBIO and do not constitute a change to the Agreement.
  8. Using the VOD Service requires remaining logged in to the Service during such use.
  9. The User may simultaneously use Audiovisual Materials by logging in to no more than one Hardware Platform out of a maximum of four Hardware Platforms registered by him/her as part of the Service. The hardware platforms registered by the User may then be freely changed by him (within their numerical limit, i.e. four), but the User may not be able to access the Audiovisual Materials on each of the Hardware Platforms at the same time. The Hardware Platform is registered by the User logging in to his account in the Service on a given Hardware Platform. The User may manage his Hardware Platforms via the tab "My Devices".
  10. The User may complete a survey, the purpose of which is to best match training to the goals specified by the User. The User has the right to skip questions in the survey that they do not want to answer, however, this is associated with a reduced possibility of matching training plans to the goals specified by the User.

§ 7

  1. The User is obliged to use the Service in a manner consistent with the Regulations and applicable legal provisions.
  2. The User is obliged to use the provided Audiovisual Materials in a manner consistent with the law and good customs, taking into account respect for personal rights and copyrights and intellectual property of BEBIO and third parties. The User is obliged to enter data consistent with the factual state. The User is prohibited from providing content of an illegal nature.
  3. The User's actions that go beyond the granted license constitute a violation of the Regulations.
  4. Access to the Service, VOD Service or Audiovisual Materials may be blocked for the User if the User:
    1. uses the Service, VOD Service or Audiovisual Materials for purposes other than their intended purpose or to the detriment of third parties;
    2. makes it difficult for other Users to use the Service, VOD Service or Audiovisual Materials, including by interfering with individual elements of the Service or the IT environment in which the Audiovisual Materials are located;
    3. takes action to read passwords to the accounts of other Users, including attempts to guess these passwords without authorization;
    4. makes the login or password to his/her account on the Service available to other Users or unauthorized third parties;
    5. posts scripts, programs or files in the Service or the IT environment in which the Audiovisual Materials are located that may disrupt the functioning of the Service or the IT environment in which the Audiovisual Materials are located;
    6. uses solutions (including devices or software) enabling the use of VOD Services in an unauthorized manner (in particular – not on the basis of the concluded Agreement);
    7. violates the Regulations – after the Administrator has sent him a request in this respect and the deadline for cessation has expired without effect.
  5. Blocking access to the VOD Service results in the termination of the Agreement with immediate effect.

§ 8

  1. To conclude the Agreement, the User must:
    1. have access to the Internet (with the parameters specified below),
    2. use a device with an Internet browser with the data provided below,
    3. have access to an e-mail box.
  2. To use the Website and the VOD Service, the User must use a device and meet the technical requirements specified below:
    1. in the case of all devices:
      1. Internet connection allowing you to watch the films in full quality:
    2. SD 480p quality - minimum 2 Mb/s, recommended 3 Mb/s
    3. HD 1080p quality - minimum 5 Mb/s
    4. refraining from using other applications while playing the Audiovisual Materials;
    5. using the website www.beactivetv.pl;
    6. enabling cookies in the web browser;
    7. in the case of computers/laptops via a www browser:
    8. installed web browser indicated below:
    9. Google Chrome (version: the latest and one full version back)
    10. Mozilla Firefox version: the latest and one full version back)
    11. Microsoft Edge (version: the latest and one full version back)
    12. Safari (Mac, version: the latest and one full version back) back)

Additional browser support information:

  • The browser must support Widevine, PlayReady or Fairplay DRM.
  • It may happen that a browser or a specific browser version is not supported if the DRM provider (Google, Microsoft or Apple) blocks it.
  • The browser is from an official and public source (not a beta or development version).

Hardware requirements:

  • Windows: minimum Intel i3, 1.5 GHz or faster processor with 4 GB RAM. Windows 8.1 or newer

  • Mac: minimum Intel i3, 1.5 GHz or faster processor, 4 GB RAM / 128 MB VRAM. High Sierra or higher.

    • current graphics card drivers installed, provided by the computer manufacturer;
    • playback in a virtual machine, emulator or Remote Desktop session is not possible;

    1. in the case of mobile devices via the Mobile Application:

      1. having a supported mobile device equipped with the Android system with the latest system version or a system version four full versions back
      2. having a supported mobile device equipped with the Android system with the latest system version or a system version four full versions back

    2. in the case of TVs supporting the Android TV Application:

      1. having a supported TV equipped with the Android TV system;
      2. we support Android TV in the latest version or a system version three versions back.
  1. BEBIO does not guarantee the correct operation of the Service if the User's Hardware Platform does not meet the technical requirements specified in the Regulations.
  2. BEBIO does not guarantee the correct operation of functions dependent on the operation of applications or external libraries of other suppliers.
  3. Due to technical limitations of the infrastructure necessary to provide the VOD Service beyond BEBIO's control, BEBIO reserves the right to introduce limits on the sale of access to the VOD Service.
  4. BEBIO makes every effort to ensure high quality of the Service, but to the extent resulting from the properties of the Internet network used by the User, BEBIO does not guarantee uninterrupted and undisturbed access to the Service and VOD Service.
  5. It is the User's obligation, before registering on the Service and concluding the Agreement, to check whether the hardware Platforms they have meet the technical requirements specified in the Regulations. In case of doubt, the User has the right to contact BEBIO with a request for additional explanations.
  6. Due to the properties of the IT environment used by the User that are independent of BEBIO, the use of the Service on Hardware Platforms may be limited or impossible, and the quality of the played materials may be reduced - in the event of the existence/activity of software from third parties or the User within the aforementioned environment (in particular various types of firewalls, antivirus programs, blocking, including those preventing the display of advertisements), its combination or configuration, affecting the provided functionality or correct technical operation of the Service on Hardware Platforms. In the event of such a situation, it may be necessary in particular to uninstall certain software from the IT environment used by the User or to add a specific exception within it.
  7. A fee may be charged for the transmission of data covering the download of the Mobile Application, as well as the use of the Service and Audiovisual Materials using the Mobile Application, in accordance with the price list of the GSM operator who provides telecommunications services to the given User.
  8. The functioning of the Service or VoD Service requires periodic technical monitoring, corrections and maintenance, which may cause temporary and short-term interruptions in the operation of the Service or VoD Service. In the event of interruptions in the possibility of access lasting longer due to a failure, BEBIO will make every effort to remove the failure in the shortest possible time.
  9. When using the Service, short text information called "cookies" is saved on the User's device. The installation of cookies is necessary for the Service to function properly. Detailed information on cookies in connection with the provision of services via the Service can be found in the Privacy Policy available at www.beactivetv.pl/en/privacy-policy.
  10. The User may delete their account on their own in the following manner:
    1. deleting the account is possible from the level of the web browser and the Android mobile application, iOS mobile application and Huawei App Gallery mobile application;
    2. to delete the account, select the "My account" section and then click the "Delete user account" button. In order to confirm the user's decision, it is necessary to provide correct data such as login and password or you can also confirm the decision by logging in again with your Google, Facebook or Apple account.
    3. deleting the account will result in the loss of all data and is irreversible. After deleting the account, it will not be possible to log in again;
    4. after deleting the account, if the User has not made any purchase, their data will be anonymized. However, if the purchase has taken place and thus a transaction is assigned to their account, the User's data will be automatically anonymized after 5 years from the purchase.

§ 9

  1. A User who is a consumer (within the meaning of art. 22(1) of the Civil Code), i.e. a natural person entering into a legal transaction with an entrepreneur not directly related to their business or professional activity, or a natural person concluding an agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for them, resulting in particular from the subject of the business activity performed by them, made available under the provisions on the Central Register and Information on Business Activity, who has concluded an Agreement with BEBIO may, pursuant to art. 27 of the Act of 30 May 2014 on consumer rights – without giving a reason – withdraw from the Agreement within 14 days from the date of conclusion of the Agreement. The right of withdrawal does not apply in the cases specified in Art. 38 of the Act of 30 May 2014 on consumer rights, including in the event that the performance of the service began with the express consent of the consumer before the deadline for withdrawal from the Agreement and after informing him of the loss of the right to withdraw from the Agreement, i.e. VOD Services.
  2. Due to the nature of the VOD Service, which is provided at the request of the User, in the case of an Agreement concluded remotely, BEBIO shall commence the provision of the VOD Service after receiving from the User an express consent to commence the provision before the expiry of the withdrawal period. The declaration including the above consent is submitted by the User when registering on the Service.
  3. Withdrawal from the Agreement shall take place after the User has submitted an appropriate declaration of withdrawal made:
    1. in writing to the following address: BeBio, ul. Cybernetyki 13/19, 02-677 Warsaw or
    2. by e-mail to the following address: kontakt@beactivetv.pl
  4. To meet this deadline, it is sufficient to send the declaration before it expires.
  5. The declaration may be submitted on a form, the template of which constitutes Annex No. 1 in accordance with the Act of 30 May 2014 on consumer rights, available at http://beactivetv.pl/en/terms-of-service.
  6. In the event of withdrawal from the Agreement, the Agreement shall be deemed not to have been concluded.
  7. The annexes to these Regulations are: Annex No. 1: template of the withdrawal form.
  8. The deadline for submitting (sending) a declaration of withdrawal from the agreement specified in Art. 27 of 30 May 2014 on consumer rights runs from the date of conclusion of the agreement (Art. 28 item 2 of this Act).
  9. In the event of withdrawal from the Agreement, the User is obliged to provide a photocopy of the VAT invoice or receipt received from BEBIO.
  10. After the User withdraws from the Agreement, BEBIO shall refund the paid price within 14 days of receiving the declaration of withdrawal. The price shall be refunded by payment to the bank account number indicated by the User or by postal order to the indicated address.
  11. With regard to Users - Consumers - a product offered via the Service is in accordance with the agreement if, in particular, its:
    1. description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements - also compatibility, interoperability and availability of updates;
    2. suitability for a specific purpose for which it is needed by the Consumer, about which the Consumer notified the entrepreneur at the latest at the time of conclusion of the agreement and which the entrepreneur accepted.
  12. In addition, in order to be deemed to be in conformity with the contract, the Product must:
    1. be suitable for the purposes for which goods of this type are normally used, taking into account applicable legal provisions, technical standards or good practices;
    2. be present in such quantity and have such features, including durability and safety, and in relation to goods with digital elements - also functionality and compatibility, that are typical for goods of this type and that the Consumer may reasonably expect, taking into account the nature of the goods and the public assurance made by the entrepreneur, their legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the entrepreneur proves that: he was not aware of the public assurance in question and, judging reasonably, could not have been aware of it; before the conclusion of the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was made, or in a comparable manner; the public assurance had no influence on the consumer's decision to conclude the contract; was supplied with packaging, accessories and instructions that the consumer may reasonably expect to be delivered; was of the same quality as the sample or model that the entrepreneur made available to the consumer before concluding the contract, and corresponded to the description of such sample or model.
  13. The indicated provisions shall apply accordingly to goods with digital elements.
  14. The Service Provider shall not be liable for the lack of conformity of the Products with the contract to the extent that, at the latest at the time of conclusion of the contract, the Service Provider has expressly informed the Consumer that a specific feature of the goods deviates from the requirements of conformity with the contract and the Consumer has expressly and separately accepted the lack of a specific feature of the goods.
  15. The Service Provider shall be liable to the Consumers for the lack of conformity of the Products with the contract existing at the time of its delivery and revealed within two years from that time, unless the expiry date of the goods is longer. In relation to goods with digital elements, the Service Provider shall be liable for the lack of conformity with the contract of digital content or digital services supplied continuously, which occurred or became apparent at the time when they were to be delivered according to the contract. This period is two years from the date of delivery of the goods with digital elements.
  16. If the Product is not in accordance with the contract, the Consumer may request its repair or replacement. The Service Provider will repair or replace it within a reasonable time from the moment the Consumer informs them of the lack of conformity with the contract, and without excessive inconvenience to them, taking into account the specificity of the Product and the purpose for which the Consumer purchased it.
  17. If the product is not in accordance with the contract, the Consumer may submit a declaration of a price reduction or withdrawal from the contract, if the Product has not been brought into conformity with the contract, the lack of conformity occurs despite attempts to bring it into conformity with the contract and is significant enough to justify a price reduction.

§ 10

  1. The administrator of the personal data of the Service Users is BEBIO.
  2. All information regarding the processing of personal data in connection with the provision of services via the Service, including information that BEBIO is required to provide under applicable regulations, can be found in the Privacy Policy available at www.beactivetv.pl/en/privacy-policy.

§ 11

  1. Complaints regarding the operation of the Service may be submitted by the User to the BEBIO correspondence address or by e-mail to kontakt@beactivetv.pl or via the contact form available at: https://www.beactivetv.pl/en/help.
  2. In the complaint, the User should indicate:
    1. the User's name and surname, and the e-mail address used for registration and logging in to the Service; the User may also indicate additional contact details
    2. specification of the subject of the complaint and the period covered by the complaint;
    3. presentation of the circumstances justifying the complaint;
    4. the Subscriber's signature - in the case of a complaint submitted in writing.
  3. If the complaint does not contain data enabling contact with the User, the complaint will not be considered.
  4. If the complaint contains deficiencies other than those indicated in par. 2 or if it is necessary for the proper consideration of the complaint, BEBIO will immediately call on the User to supplement it, specifying a deadline, not shorter than 7 days, and the scope of such supplementation, with the instruction that failure to supplement the complaint within the specified deadline will result in the complaint not being considered. After the specified deadline has expired without effect, the complaint will not be considered.
  5. BEBIO will immediately confirm receipt of the complaint.
  6. BEBIO shall respond to the complaint in writing or electronically, if the complaint was filed in such a form or the User has agreed to the response in this form, within 14 days of the date of its filing.
  7. If the complaint is not considered within 14 days of the date of its filing, it is considered that the complaint has been accepted.
  8. Filing a complaint does not suspend the User's obligation to pay the Price due to BEBIO for using the Service on an ongoing basis.
  9. The User may use the out-of-court possibility of resolving disputes electronically via the European Union's ODR online platform enabling the filing of complaints and pursuing claims related to the Agreement concluded with the User, which can be found at: https://ec.europa.eu/consumers/odr/.
  10. The User has the right to pursue claims in court proceedings before a court with local and substantive jurisdiction, without the need to use arbitration.

§ 12

  1. The Service and each of its elements, including in particular: trademarks, trade names, advertising slogans (slogans), logos, graphics, images, drawings, photographs and domain names that appear on the Service belong to or are vested in BEBIO and are subject to legal protection.
  2. The content of the Service, in particular Audiovisual Materials, are subject to legal protection.
  3. No part of the Service, including in particular its trade name, slogans (i.e. advertising slogans), logos, graphics or images, may be copied or reproduced in any way without the prior written consent of BEBIO.
  4. By using the Service, the User shall be fully liable for any damages resulting from conduct that infringes copyrights, rights to a trademark, rationalisation project, ornamental pattern, patent, personal and property rights of BEBIO or third parties and any other intellectual and industrial property rights.
  5. When the User sends a photo, video or any other material ("Work") to the Service, constituting a work within the meaning of the Act of 4 February 1994 on copyright and related rights, the User grants BEBIO a free, non-exclusive license, with the right to grant sub-licenses, transferable, without time and territorial limits, entitling BEBIO to use the Work in the following fields of exploitation in relation to each of the Works:
    1. recording and reproducing copies of the Work by any technique, including printing, reprographic, magnetic recording and digital techniques, regardless of the standard, system and format;
    2. sharing a referral link by BEBIO, resulting in placing the Work together with the referral link on Facebook;
    3. public performance, exhibition, display, reproduction and broadcasting and re-broadcasting, as well as making the Works publicly available in such a way that everyone can have access to them at a place and time of their choice;
    4. introducing the Work into circulation, lending and renting the original or copies of the Work;
    5. introducing modifications to the Works by BEBIO;
    6. using the Work for purposes justified by existing or possible future commercial, business or economic needs of the Service Provider or its legal successors and partners commercial purposes, including in particular the use of the Work for the purposes of advertising, promotion, marking or identification of the Service Operator or the Service, publication in any form, as well as marking items of property of the Service Operator;
    7. entering the Work into computer memory and placing it on servers and introducing it to a multimedia network, including the Internet, as well as making copies of such records.
  6. In addition, the User:
    1. consents to the use of the Works by BEBIO for promotional and marketing purposes, also to promote the Service, in particular Works with the participation of the User, which also includes permission for free publication and dissemination of the User's image recorded on the sent Works on the Internet, in accordance with Art. 81 sec. 1 of the Act of 4 February 1994 on copyright and related rights;
    2. declares that he is the author of the Work he has sent and that this Work does not violate the rights of third parties or mandatory provisions of law, and in the event of such a violation he bears full responsibility for it.
  7. In the event of withdrawal from the agreement for the provision of digital content or a digital service, BEBIO, from the date of receipt of the declaration of withdrawal from the agreement by the User who is a Consumer, may not use content other than personal data provided or generated by the Consumer during the use of the digital content or digital service provided by the Service, with the exception of use permitted directly by law.

§ 13

The Service is not a source of medical knowledge, and any information contained therein cannot be treated as a substitute for consultation with a doctor or pharmacist. Before using the advice and training provided within the Service, the User must be aware of their health condition. It is recommended that you consult your health condition with a doctor before starting training, in order to exclude contraindications to the use of restrictive diets, supplementation and performing demanding physical exercises.

§ 14

  1. Selected Users may be invited to test the Service or Mobile Application. In exchange for free access to the Service or Application, the User undertakes to perform the test and evaluate specific functionalities in consultation with BEBIO as the organizer of the tests.
  2. Participation in the tests is voluntary.
  3. Participation in the tests does not change the terms of the previously concluded Agreement.
  4. User data obtained as part of the tests may be deleted by BEBIO after the tests are completed. Information obtained during the tests will be used to improve BEBIO products.

§ 15

  1. The Regulations may be subject to changes in the event of a change in the law or the terms of providing the Service.
  2. BEBIO informs about changes to the Regulations via the website www.beactivetv.pl and by sending information to the User's e-mail address.
  3. Changes to the Regulations take effect - unless otherwise stated - from the date of posting information about the change. New provisions of the Regulations are applied to orders placed after the date of entry into force of the changes to the Regulations.
  4. If the User does not accept the changes to the Regulations, he or she is entitled to terminate the Agreement with immediate effect, provided that the notice of termination is submitted in the form in which the Agreement was concluded, no later than within 14 days of being informed about the change.
  5. BEBIO shall not be liable for:
    1. difficulties in using the Service, resulting from circumstances that BEBIO could not prevent or predict while exercising due diligence, including problems related to the operation of the telecommunications network or internet connections, as well as caused by random events or force majeure;
    2. damage caused by using the Service in an improper manner, including using the VOD Service in a manner inconsistent with the Regulations;
    3. hardware, system or software failures will be the result of factors beyond BEBIO's control.
  6. Persons violating the provisions of the law and the terms of the Regulations bear full responsibility for such actions.
  7. The Regulations are made available free of charge before concluding the Agreement and at each request of the User, in a form enabling its downloading, saving and printing.
  8. The National Broadcasting Council is the competent authority in matters of audiovisual media services on demand. BEBIO, as a service provider, is subject to the jurisdiction of the Republic of Poland.
  9. The Regulations enter into force on 21 November 2024

ANNEX No. 1 to the Regulations

SAMPLE WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the contract)

– Addressee [here the Subscriber should enter the first and last name or name of the Subscriber, full postal address and e-mail address]

– I/We(*) hereby inform about my/our withdrawal from the contract for the provision of the service(*)

– Date of conclusion of the contract(*)/receipt(*)

– Name and surname of the Subscriber(s)

– Address of the Subscriber(s)

– Signature of the Subscriber(s) (only if the form is sent in the electronic version paper)

– Date

\________________________

(*)Delete where not required