Focusly App Terms and Conditions
Terms and Conditions in force as of 12th of January, 2024.
I. Definitions
1. Capitalised terms used in the Terms and Conditions shall have the following meanings:
1) Application – shall mean the mobile application available at the App Store and Google Play Store under the name “Focusly”, through which Benefit Systems provides Users with the services available after registration of the User.
2) Benefit Systems (hereinafter referred to as the “Company”) – shall mean Benefit Systems S.A. with its registered office in Warsaw, address: Plac Europejski 2, 00-844 Warszawa, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS No. 0000370919, NIP 836-16-76-510, REGON 750721670, with the share capital of PLN 2,933,542.00 (fully paid up), BDO 000558784, e-mail: bok@benefitsystems.pl, telephone No. (22) 242 42 42.
3) Password – shall mean a sequence of letter, digital or other characters selected by the User during Application Registration, used to secure access to the User’s Account on the Website.
4) Account – shall mean an individual panel for the User located on the Application, activated for the User by Benefit Systems, after the User has registered.
5) MultiLife Programme – shall mean a programme comprising a set of wellbeing services (including those provided as part of the Application) selected by Benefit Systems with regard to the needs of the customer (i.e. the entity which has enabled the User to use the MultiLife Programme) provided to the Users. The User may only participate in the MultiLife Programme on the condition that the customer has enabled the User to use the MultiLife Programme. The detailed scope of services available for the MultiLife Programme is specified on the benefitsystems.pl website under the “MultiLife” tab.
6) Terms and Conditions – shall mean these terms and conditions of the Application.
7) Registration – shall mean a factual act carried out in the manner set out in the Terms and Conditions, required for the User to use the functionalities of the Application.
8) Agreement – shall mean an agreement for the electronic provision of services within the Application, concluded in accordance with the Terms and Conditions between Benefit Systems and the User concerned, with the wording set out in the Terms and Conditions.
9) User – shall mean a natural person with full legal capacity who has registered an Account on the Application, authorised to use the services provided by Benefit Systems in accordance with the Terms and Conditions.
II. General Provisions
1. The Terms and Conditions set out the rules and conditions for the use of the services available in the Application provided by Benefit Systems to the Users. The services available in the Application are, in particular, developmental, psycho-educational materials, meditations, mindfulness practices and mindfulness challenges.
2. The Application is owned and administered by Benefit Systems.
3. The Terms and Conditions form an integral part of the Agreement, which is concluded by way of the User commencing the use of the Application.
4. The materials made available to the Users as part of individual services in the Application, as well as the appearance and content of the Application, are the property of Benefit Systems and are protected under the Act of 4 February 1994 on Copyright and Neighbouring Rights (Journal of Laws 2021, item 1062, as amended). These Terms and Conditions set out the rules for the User’s use of legally protected services and the Application.
5. Benefit Systems informs the Users that due to the public nature of the Internet network through which the services are provided; the use of these services may involve a risk of the possibility of interference by third parties in the transmission of data transmitted between Benefit Systems and the User. Benefit Systems draws the User’s particular attention to the risk of access to the User’s Account on the Application by unauthorised persons in the event that the User remains logged in to his/her Account on the Application even though he/she is not using it at the time. Users must use appropriate technical measures to minimise the risks indicated above. In particular, they should use anti-virus and identity protection software when using the Internet.
6. The main potential risks associated with using the Internet include:
a) malware;
b) various types of applications or scripts that have a harmful, criminal, or malicious effect on the Network Service Recipient’s computer system, such as viruses, worms, trojans (Trojan horses), keyloggers, diallers;
c) spyware;
d) programs that track the activities of the Service Recipient, which collect information about the Service Recipient and send it, usually without his or her knowledge or consent, to the author of the program;
e) spam;
f) unsolicited and not ordered e-mails sent simultaneously to multiple recipients, often including advertising content;
g) phishing for sensitive personal information (e.g. passwords) by impersonating a trustworthy person or institution (phishing);
h) intrusion into the Service Recipient’s ICT system using, among other things, hacking tools such as exploit rootkits.
7. Protection against risks associated with the use of electronically provided services by the Service Recipients is also provided by:
a) enabled firewall,
b) update of all software,
c) not opening e-mail attachments of unknown origin,
d) reading the installation windows of applications, as well as their licences,
e) disabling macros in MS Office files of unknown origin,
f) regular comprehensive system scans with anti-virus and anti-malware software,
g) encryption of data transmission,
h) installation of preventive programmes (intrusion detection and prevention),
i) use of original system and applications from a legal source.
8. Benefit Systems shall be entitled to interrupt or disrupt the provision of services and access to the Application if the reason for this is:
a) modification, modernisation, extension or maintenance of Benefit Systems’ ICT system or software after informing Users by posting a message on the Application;
b) causes beyond the control of Benefit Systems (force majeure, acts, or omissions of third parties for which Benefit Systems is not liable).
III. Technical Conditions for the Use of the Application
1. Downloading the Application requires a mobile device (mobile phone or tablet) with Internet access. The following technical requirements must be met jointly in order to use the services available through the Application:
a) access to a device for browsing the web or using mobile applications;
b) active connection of the mobile device to the Internet;
c) correctly installed Android operating system version 8.0 or later or iOS operating system version 12.0 or later on the mobile device;
d) enabled cookies.
IV. Registration of an Account in the Application
1. In order to use the services available on the Application, the User must create an Account.
2. In order to register, the User shall complete the registration form provided by Benefit Systems on the Application by providing personal data: name and surname and e-mail address.
3. The User must complete all fields on the registration form unless a field is marked as optional.
4. The User shall be obliged to set a password with a minimum of 6 characters.
5. The information entered on the registration form shall relate solely to the User and be truthful.
6. The User shall be obliged to protect the Account data (name and surname, Password) from unauthorised access. In particular, the User shall make reasonable efforts to keep the Password confidential and not to disclosed it to third parties. The User shall be obliged to notify Benefit Systems immediately of any breach of their rights to the Password. In such a situation, the User shall immediately change the Password using the relevant functionalities within their Account.
7. The User shall read and confirm that they have read the Terms and Conditions by marking the appropriate box on the registration form.
8. After submission of the completed registration form, the User’s Account is registered. As of this moment, the contract for electronic provision of the Account keeping service is concluded, and the User may access the Account and the services made available within the Account.
9. In the event of logging in via Facebook or other social networks (according to the options available), Benefit Systems collects personal data in the form of the username and email address.
10. In the course of using the services, Benefit Systems may ask the User to complete a short survey about their wellbeing or needs in order to recommend the most appropriate content available in the Application.
11. Benefit Systems is the controller of the Users’ personal data. Detailed rules for Benefit Systems’ gathering and use of information about the User are set out in the Privacy Policy and Cookies Policy.
V. Licence to Use the Application
1. The services provided within the Application are only available to Users who have created an Account on the Application and logged into their Account on the Application.
2. The User shall be obliged to provide Benefit Systems only with truthful personal data on the basis of which Benefit Systems shall assess the User’s fulfilment of the formal requirements set out in the Terms and Conditions for the provision of services within the Application.
3. The User shall protect the login data necessary to access his/her Account on the Application, in particular by not disclosing this information to third parties.
4. The User may only use his/her own Account on the Application and may not make his/her Account on the Application available for use by third parties.
5. The services provided on the Application are intended solely for the Users’ own use and may not be used in part or in whole for any other purpose, in particular for commercial purposes of an advisory or informative nature for others, or for purposes of comparison or illustration.
6. The User shall be obliged to use the services provided in the Application only in accordance with these Terms of Use, the applicable legal regulations and the good practices adopted for the use of the Internet and the services rendered through it.
7. The User, in the course of using the services provided on the Application, shall not be allowed to:
a) publish unlawful material or content in the Application, including content that violates the rights of Benefit Systems or third parties, or content that is offensive, vulgar or otherwise contrary to the law or the principles of social co-existence: publish the personal data or image of third parties, publish the content of conversations or correspondence of a private nature with third parties without their prior consent, publish instructions or advice related to the possibility of impersonating another User, publish instructions or advice related to the violation of copyright law, abuse electronic communications means in a way that causes a loss of stability of the functioning or an overload of ICT systems directly or indirectly involved in the provision of services by Benefit Systems.
8. Benefit Systems stipulates that the costs of connection to the Internet and the costs associated with the use of the terminal equipment by means of which the User avails himself/herself of the services provided in the Application shall not be charged to Benefit Systems.
9. Benefit Systems grants the User a non-exclusive licence to use the services available in the Application and the App for the term of the Agreement solely in the manner indicated in the Terms and Conditions. The User’s use of the services available in the Application and the App does not result in the acquisition by the User of any rights to the services and the App, including author’s economic and moral rights, dependent copyrights, or industrial property rights. The aforementioned licence entitles the User to use the materials made available on the services solely for his/her own personal use directly in connection with the use of the Application. The materials referred to in the previous sentence may only be displayed on the screen of the device used by the User in order to access the services, saved in the memory of such device and stored on any electronic storage media.
VI. Services Provided under the Agreement
1. The Application allows:
a) provision of content streaming services;
b) setting up an Account;
c) provision of services in the form of personalised content and training;
d) access to a contact form.
2. Benefit Systems provides the service electronically to Users who have registered, 24 hours a day, 7 days a week.
3. Benefit Systems reserves the right to choose and change the type, forms, time, and manner of granting access to selected services, of which it shall inform the Users in a manner appropriate to the changes made in the Terms and Conditions.
4. The User shall use the services in accordance with their state of health and physical condition. In particular, the User suffering from chronic diseases (or other diagnosed illnesses), having suffered injuries and pregnant women should consult a doctor before using the service.
5. Benefit Systems shall not be liable for the health consequences of following the instructions received by the User as part of the service, which are due to the User’s state of health, failure to follow or improperly follow instructions or directions.
6. Despite Benefit Systems’ best efforts, the services available in the Application do not guarantee the result expected by the User.
VII. Access to the Service
1. Users can use the services available on the App in three ways:
1) as part of the free “Basics” programme which provides access to a selection of free meditations;
2) as part of a paid subscription programme that allows access to the entire content available on the Application (the “Subscription Programme”). Users can access the Subscription Programme while the relevant subscription is paid and active. It is possible to access a free trial period within the Subscription Programme based on the promotional offer currently in force. All subscription-based services are provided through the Application. It is not possible to purchase a new subscription, but only to renew a subscription purchased under the previously applicable provisions of the Terms and Conditions via the Apple iTunes Store in the case of the Application downloaded to iPhone devices. In the event of having already purchased a subscription or renewed the subscription through the Apple iTunes Store, the purchase shall be binding and no refund shall be given. The purchase shall be subject to Apple’s applicable payment policy, which also may not provide refunds. If a subscription has already been purchased the Google Play Store, the purchase shall be binding and non-refundable, and it is not possible to renew such a subscription. An existing purchase shall be subject to Google’s existing payment policy, which may also not provide for refunds;
3) under the MultiLife Programme, which allows access to the entire content available on the Application; in this case, the provisions of the Terms and Conditions regarding the Subscription Programme and payment shall not apply.
2. The Subscription Programme purchased may include a monthly or annual subscription. For the purposes of the Terms and Conditions, a month shall be 30 calendar days and a year shall be 365 calendar days.
3. The “Monthly” subscription shall be paid once per month and shall renew automatically only in the case of subscriptions purchased through the Apple iTunes Store for Apps downloaded to iPhone devices. Users hereby acknowledge and agree that for each month that the Monthly Subscription is active, Benefit Systems shall be authorized to charge the same Apple account that was used to make the initial subscription payment or other payment method (the “Payment Method”) for the monthly subscription fee in effect at the time of subscription renewal. Monthly renewal fees shall be billed to the Payment Method of the User’s choice automatically until the User cancels the subscription. The User shall not be entitled to claim a refund of the fee paid for a subscription period covering an incomplete calendar month.
4. The “Annual” subscription shall be paid for by a one-time upfront payment with automatic renewal once a year only for subscriptions purchased through the Apple iTunes Store for Apps downloaded to iPhone devices. Users hereby acknowledge and confirm that Benefit Systems shall be authorised to charge via the Payment Method used for (i) the first annual subscription fee at the rate set at the time of purchase and (ii) the subscription renewal fee at the undiscounted rate in force at the time of renewal. The User shall not be entitled to claim a refund of the fee paid for an incomplete subscription period.
5. The User shall be obliged to notify Benefit Systems immediately of any changes to the User’s chosen Payment Method made during the subscription period. It shall be the User’s responsibility to pay all fees and charges, including applicable taxes, and to pay for the subscriptions they have purchased.
6. In the course of using certain services available on the Application, the third-party payment service provider may receive and apply updated credit card details from the User’s credit card issuer in order to prevent the subscription from being interrupted due to an out of-date or expired card. The updated credit card details shall be delivered to Benefit Systems and Benefit Systems’ third-party payment service provider at the sole discretion of the User’s credit card issuer. The credit card issuer may allow the User to opt out of the update service. To do so, please contact your credit card issuer.
7. Benefit Systems’ obligation to provide services in the case of the Subscription Programme shall arise only upon receipt of an order from the User and confirmation of the purchase sent to the User at the e-mail address provided during Registration. Once the subscription has been purchased, Benefit Systems shall confirm the order by sending the User an e-mail confirming access to the purchased subscription. In all further correspondence with Benefit Systems, the order number must be quoted.
8. The prices quoted in the Application include applicable taxes, unless otherwise indicated.
9. If the User uses the Application as part of the MultiLife Programme, loss of access to the MultiLife Programme service shall result in automatic loss of access to the services within the Application.
VIII. Renewals of Subscriptions
1. Subscriptions of the services available on the Application expires at the end of the term for which they were purchased, except for subscriptions purchased through the Apple iTunes Store for the Application downloaded to iPhone devices, which renew automatically using the payment details registered in the User’s Account.
2. In the event of purchasing a subscription with automatic renewal, the User shall acknowledge and confirm that Benefit Systems is authorised to use the payment details to collect the renewal fee.
3. The date of automatic renewal of the subscription is indicated in the Account and in the payment confirmation email sent to the User after the initial purchase.
4. The User shall have the right to cancel the automatic renewal of the subscription at any time prior to the aforementioned date via the AppStore Account for Apps downloaded to iPhone devices.
IX. Payment Details
1. By providing Benefit Systems with payment details, the User warrants that said payment details are valid (1) in respect of the User, or (2) in respect of the person who authorised the User to use their payment details to purchase a subscription.
2. If the User provides payment details of another person, he/she acknowledges that Benefit Systems may refund the payment to that person upon request and if the payment qualifies for a refund in accordance with this payment policy. This may result in the interruption or termination of the provision of services to the User.
X. Withdrawal from the Agreement
1. The User acknowledges that, as a consumer, he or she does not have the right to withdraw from the Agreement governing the provision of services by Benefit Systems, since, under the Agreement, Benefit Systems provides digital content that is not stored on a tangible medium and the User has expressly agreed to Benefit Systems commencing the performance of the Agreement concluded with the User before the expiry of the 14-day period for withdrawal from the Agreement.
XI. Blocking or Deletion of the Account in the Application
1. If the User publishes content that is contrary to the law or the Terms and Conditions, Benefit Systems shall have the right to block the User’s use of the services for a period necessary to clarify the matter or remove the content that violates the law or the Terms and Conditions.
2. The User declares that he/she has acknowledged and understands that the blocking by Benefit Systems of the use of the services in accordance with the Terms and Conditions shall not interrupt or suspend the validity of the Account.
3. Benefit Systems stipulates, and the User consents thereto, that Benefit Systems may block the user’s account in the Application if the User, despite being warned, violates the provisions of the Terms and Conditions for a time necessary to clarify the matter or until the User remedies the violations of the Terms and Conditions.
4. The User declares that he/she has acknowledged and understands that the blocking of the User’s Account on the Application by Benefit Systems in accordance with the Terms and Conditions will result in a temporary loss of the User’s ability to use some or all of the services available on the Application, to which the User hereby consents.
5. The User declares that he/she has acknowledged and understands that the blocking of the User’s Account on the Application by Benefit Systems in accordance with the Terms and Conditions does not interrupt or suspend the validity of the Account.
6. The User may delete the Account in the Application at any time.
7. Please refer to the information on subscription plans and payment arrangements set out in clause VII Subscriptions for information on the possibility of refunding subscription fees already paid.
8. Benefit Systems stipulates, and the User consents thereto, that Benefit Systems may delete the User’s Account in the Application if the User:
a) grossly violates the Terms and Conditions despite having been warned;
b) infringes the Terms and Conditions despite the previous blocking of his/her Account on the Application.
9. The User declares that he/she acknowledges and understands that the deletion of the User’s Account in the Application shall result in the irretrievable loss of any and all information stored there by the User.
10. The User declares that he/she has acknowledged and understands that the deletion of the Account in the Application by the User constitutes termination of the Agreement by the User with immediate effect.
XII. Complaints
1. Complaints submitted in connection with the User’s use of the services provided in the Application shall be lodged in writing and sent to the address of Benefit Systems’ registered office, i.e. Plac Europejski 2, 00-844 Warszawa, with the annotation “Complaint”, or in electronic form to reklamacje@benefitsystems.pl writing “Complaint” in the title of the e-mail.
2. The complaint must contain the identification of the User submitting the complaint (name and surname and email address) and a concise description of the event justifying the complaint together with the grounds for the complaint and a demand for appropriate action on the part of Benefit Systems.
3. Within 14 (fourteen) days from the date of receipt of the complaint, the complaint shall be considered and the complainant informed of the outcome of the complaint procedure by e-mail sent to the e-mail address indicated by the User and used by the User for correspondence in connection with the use of the Application. If the complaint does not contain the information necessary for its consideration, Benefit Systems shall ask the complainant to supplement it to the extent necessary, and a 14-day time limit shall run from the date of delivery of the supplemented complaint.
XIII. Final Provisions
1. Benefit Systems reserves the right to amend the Terms and Conditions for valid reasons relating to a change of:
a) terms and conditions of service,
b) conditions of service use,
c) changes to the functionality of the Application,
d) brand,
e) applicable laws or their interpretation,
f) caused by an administrative decision or judgment of a court or other similar act (e.g. directives of authorised public authorities);
g) aimed at improving the quality of the service, increasing the safety of Users, or preventing violations of the Terms and Conditions or counteracting abuse;
h) aimed at removing any ambiguities or doubts as to the interpretation of the provisions of the Terms and Conditions.
2. Amendments to the Terms and Conditions shall become effective 14 days after they are published in the Application. Each User shall be additionally notified by Benefit Systems of the wording and scope of the amendments to the Terms and Conditions by sending an email to the email address.
3. Benefit Systems informs Service Recipients of the possibility to make use of out-of-court procedures for dealing with complaints and claims. The rules of access to these procedures are available at the offices or websites of entities authorised to handle disputes out of court. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of Commercial Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection. Benefit Systems informs that a platform for online dispute resolution between consumers and businesses at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/. Benefit Systems does not use out-of-court dispute resolution as referred to in the Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes.
4. In matters not regulated in the Terms and Conditions, provisions of Polish law shall apply. The Terms and Conditions do not exclude or limit any rights of Users that they are entitled to under mandatory provisions of law.
5. Any disputes arising in connection with the User’s use of the services shall be resolved, if necessary, by the Polish common court of competent jurisdiction, according to the provisions of Polish law.
6. If any provision of the Terms and Conditions of Use proves or is declared invalid by a final court decision, all other provisions of the Terms and Conditions of Use shall remain in force.