Terms and conditions

TERMS AND CONDITIONS

OF THE WEBSITE https://makeupfitness.com

EFFECTIVE AS OF SEPTEMBER 1, 2026
These Terms and Conditions are intended for End Users who have concluded an agreement with Dagmara Dominiczak-Krzemień ARAMGAD (hereinafter referred to as "ARAMGAD"), entered into the Central Register and Information on Economic Activity (CEIDG), NIP: 8641867725, REGON: 60560708, ul. Reformacka 4, 27-600 Sandomierz – for the provision of services of the makeupfitness.com website in order to access materials placed on the website located at: https://makeupfitness.com

I. DEFINITIONS

1. User Account – an individual electronic account within the Service activated for the User to enable them to use the Service.
2. Consumer – a User who is a natural person / or a sole proprietor (from September 1, 2025) performing a legal act (Service Agreement) not directly related to their business or professional activity.
3. Fee – a monetary amount specified for access to the Service provided by the Service Provider to the User, the amount of which is indicated each time next to the material on the makeupfitness.com website that interests the User.
4. makeupfitness.com Website – online software made available by the Service Provider as part of the Service, enabling the provision of the makeupfitness.com website Service to Users.
5. Terms and Conditions – these Terms and Conditions defining the rules for the provision of the Service.
6. Service Website – the website operated by the Service Provider located at https://makeupfitness.com, presenting information related to the Service and enabling access to the Service, including placing an Order.
7. Service Validity Period – in the case of a paid service, the last day for which the User has paid in advance the Fee for the provision of the Service. (The Service Provider indicates the Service Validity Period each time upon purchase of material or training made available on the makeupfitness.com website).
8. Agreement – an agreement for the provision of a Paid Service in the event that a Fee determined by the Service Provider is due for using the Service, or a Free Service in the event that the Service Provider makes VOD materials available free of charge.
9. Service – a service (including a Digital Service) provided by the Service Provider to a registered User, consisting of making digital content available for a fee on the makeupfitness.com website in the form of VOD materials (a single material or a group of materials) and enabling the User to access these materials. The Service is provided from the moment the payment for the order is made, on the terms specified in the Terms and Conditions, until the Service Validity Period.
10. Service Provider – Dagmara Dominiczak-Krzemień ARAMGAD (hereinafter referred to as "ARAMGAD"), entered into the Central Register and Information on Economic Activity (CEIDG), NIP: 8641867725, REGON: 60560708, ul. Reformacka 4, 27-600 Sandomierz, e-mail: kontakt@makeupfitness.com.
11. Consumer Rights Act – the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
12. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, as amended).
13. Civil Code Act – the Act of April 23, 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended).
14. User – a natural person who is at least 18 years old, a natural person conducting business activity, a legal entity, or an organizational unit without legal personality, possessing full legal capacity, who has registered on the Service Provider's makeupfitness.com website.
15. Digital Content – data produced and supplied in digital form.
16. Digital Service – a service that allows the Consumer to: i) create, process, store, or access data in digital form; ii) share data in digital form that has been uploaded or created by the Consumer or other users of this service; iii) interact in other ways using data in digital form. The Digital Service is acquired by the Consumer based on an Order.
17. Order – a declaration of intent made by the User via the Order form, aimed directly at concluding an Agreement.

II. GENERAL PROVISIONS

1. These Terms and Conditions lay down the terms and conditions for making the Service available by the Service Provider to the User, enabling the User to access materials on the website: https://makeupfitness.com.
2. The provisions of the Terms and Conditions govern the rules for using the Service, making payments, and the rights and obligations of both the Service Provider and the User.
3. The provision of the Service by the Service Provider requires prior conclusion of an Agreement and acceptance of the conditions set out in the Terms and Conditions by the User.

III. CONCLUSION OF THE AGREEMENT

1. The User may use the Service solely for the purpose of accessing VOD materials (digital content) made available by the Service Provider.
2. Registration on the Service Provider's website for the provision of the Service takes place by:
   
   • (I) filling in the registration form available on the Service Provider's Website;
   • (II) confirmation by the User that they have read and accepted the Terms and Conditions in electronic form;
   • (III) sending the completed registration form to the Service Provider by selecting the appropriate function in the registration form;
   • (IV) clicking the activation link received by the User at the e-mail address provided during registration. The User is obliged to provide true and up-to-date data necessary for the provision of the Service by the Service Provider during registration, i.e., e-mail address and password. In the event of a change in the data provided in the registration form, the User is obliged to notify the Service Provider immediately.
3. In order to place an Order for a paid Service, a registered User should perform the following actions:
   
   • A. Select the material on the Service Provider's website;
   • B. Add the material (course) to the Cart by clicking the "Add to cart" button;
   • C. Choose the payment method;
   • D. Place the Order by clicking the "Proceed to payment" button;
   • E. Pay for the Order.
4. After payment is made, the User will receive an e-mail confirming the Order placement.
5. The Agreement for the provision of a Paid Service is concluded upon receipt of the confirmation referred to in paragraph 4 from the Service Provider and constitutes a legally binding agreement between the Service Provider and the User. The Agreement is concluded until the end of the Service Validity Period.
6. The Agreement for the provision of a Free Service is concluded upon receipt of an e-mail confirming registration after clicking the activation link sent to the e-mail address specified during registration.
7. A Consumer who has concluded an Agreement may withdraw from it without giving any reason by submitting a relevant written declaration within 14 days from the date of concluding the Agreement. To meet the deadline, it is sufficient to send the declaration before its expiry. In the event of withdrawal from the Agreement, the provisions of Art. 27 et seq. of the Consumer Rights Act shall apply to matters not regulated in these Terms and Conditions.
8. With the express consent of the Consumer expressed prior to placing the Order (including prior to paying the Fee), performance of the Service by the Service Provider begins upon confirmation of payment by the Service Provider in accordance with the Terms and Conditions—therefore prior to the expiry of the 14-day withdrawal period referred to in paragraph 7. In accordance with Art. 38 point 13 of the Consumer Rights Act, if such consent is granted, the Consumer loses the right to withdraw from the Agreement if the Service Provider has fully performed the service before the expiry of the deadline mentioned in paragraph 7.
9. To exercise the right to withdraw from the Agreement, it is necessary:
   
   • In the case of a Free Service: to close the Service Website;
   • In the case of a Paid Service: to send explicit information regarding withdrawal to the e-mail address: kontakt@makeupfitness.com using, for example, the template below:

I hereby give notice that I withdraw from my contract for the provision of the following digital services:
Product/Service Name: ___________
Gross Price: ___________
First and Last Name: ___________
Date of Conclusion of Agreement: ___________
Signature and Date: ___________

Refunds are made using the same payment method used by you for the initial transaction.

10. The User may place Orders 24 hours a day.
11. If the User wishes to receive an invoice, they should inform the Service Provider before making the payment on the Service Provider's website or via e-mail at: kontakt@makeupfitness.com, providing the necessary details for invoice issuance, or by completing the relevant form during checkout, if provided by the Service Provider.

IIIa. PROVISIONS CONCERNING SOLE PROPRIETORS ACTING AS CONSUMERS

1. A natural person conducting a sole proprietorship is covered by the protection provided under the Consumer Rights Act, provided that the Agreement concluded with the Service Provider is not of a professional nature for that business.
2. The sole proprietor referred to in paragraph 1 of this section is covered by protection exclusively with regard to:
   
   • a) unfair contract terms (prohibited terms/abuse clauses),
   • b) statutory warranty liabilities for physical and legal defects,
   • c) the right to withdraw from a distance contract pursuant to Part III paragraph 7 of these Terms and Conditions.
3. The sole proprietor referred to in paragraph 1 loses consumer protection rights if the Agreement concluded with the Service Provider is of a professional nature, which is verified on the basis of the entrepreneur's entry in the Central Register and Information on Economic Activity (CEIDG) of the Republic of Poland, in particular the Polish Classification of Activities (PKD) codes listed therein.
4. Sole proprietors referred to in point 1 of this section are not covered by institutional protection provided to Consumers by municipal/county consumer ombudsmen or the President of the Office of Competition and Consumer Protection (UOKiK).

IIIb. CONSUMER RIGHTS CONCERNING NON-CONFORMITY OF DIGITAL CONTENT AND DIGITAL SERVICES WITH THE AGREEMENT

1. The Consumer is entitled to withdraw from the concluded Agreement for the supply of Digital Content or Digital Services if the Service Provider fails to supply the Digital Content or Digital Service immediately upon request, or within an explicitly agreed additional time period.
2. The Consumer is entitled to withdraw from the Agreement for the supply of Digital Content or Digital Services without demanding the Service Provider to supply them if:
   
   • a. it is clear from the Service Provider's statement or circumstances that the Service Provider will not supply the Digital Content or Digital Service; or
   • b. the Consumer and the Service Provider agreed, or it clearly results from the circumstances of the contract, that a specific delivery date was of critical importance to the Consumer, and the Service Provider failed to supply it by that date.
3. If the Digital Content or Digital Service does not conform to the Agreement, the Consumer may demand that it be brought into conformity with the Agreement in accordance with applicable legal regulations.
4. The Service Provider is liable for any lack of conformity of the Digital Content or Digital Service provided on a single-supply or partial-supply basis that existed at the time of delivery and became apparent within two years from that time. Any lack of conformity that becomes apparent within one year from delivery is presumed to have existed at the time of delivery.
5. In the case of continuous supply, the Service Provider is liable for any lack of conformity that occurs or becomes apparent during the time period during which they were to be supplied under the Agreement. The Digital Content or Digital Service must remain in conformity with the Agreement throughout the contracted period.
6. The Service Provider shall bring the Digital Content or Digital Service into conformity with the Agreement within a reasonable time from the moment informed by the Consumer, without significant inconvenience to the Consumer, taking into account their nature and intended purpose. The cost of bringing the Digital Content or Digital Service into conformity shall be borne by the Service Provider.

IV. TERMS OF SERVICE PROVISION

1. The Service Provider supplies the Service via the Internet.
2. Video materials and PDF e-books made available on the Service Provider's website are authored by the Service Provider or the Service Provider holds the distribution rights to publish them on the site. Unless stated otherwise, the access granted to the User applies strictly to non-commercial, personal use.
3. Using the Service is possible on condition that the User uses a computer with the following modern web browsers: IE11+, Firefox, Chrome, Opera, Safari (latest versions available as of January 1, 2020) or a mobile device running Android or iOS.
4. The User does not have the right to download (permanently reproduce), install, publish, or otherwise duplicate VOD materials without the explicit consent of the Service Provider.
5. Digital Content covered by the Service is delivered via an activation link as mentioned in section III.2. Content is accessible remotely in a web browser upon logging into the User Account following a purchase (no physical files or direct download links are sent to the User). Copying, reproducing, or downloading digital content is strictly prohibited.
6. If unauthorized account usage is detected—such as logging into an account from multiple different IP addresses within a short timeframe, suggesting shared access with third parties—the User Account will be blocked.

V. PAYMENTS

1. A Fee is due for the provision of the Service to the User, unless the Service Provider explicitly offers specific material free of charge.
2. The User pays for the Service in advance, prior to the commencement of service delivery.
3. Activation of the Paid Service is contingent upon making a payment in the amount specified next to the relevant product made available on https://makeupfitness.com by the Service Provider.
4. The User pays for the Service for the period indicated next to the relevant online course on makeupfitness.com. The Service is provided until the Service Validity Period. The validity period of the service after purchase is 365 days. After the validity period expires, the User has the option to extend access for another year at the price of PLN 99.
5. To pay for the Service, the User processes payments via the Stripe payment platform. Payment can be made using available payment methods provided within the Stripe system, under Stripe's terms and conditions. Using Stripe may require accepting Stripe's terms of service and privacy policy.
6. Payment confirmation is generated automatically by Stripe or by the Service Provider upon booking traditional bank transfer payments. If no extension request/Order is received before the expiration of the Service Validity Period, the ordered Service will be locked and the Agreement terminates.
7. Unless otherwise specified in other regulations of the Service Provider (e.g., promotional terms available on https://makeupfitness.com), "regular price" or "standard price" denotes the lowest price applied to the Service during the 30-day period preceding a price reduction or promotion.

VI. COMPLAINTS

1. The User has the right to file a complaint regarding non-performance or improper performance of the Service.
2. The User should submit any complaints to the Service Provider no later than within 14 calendar days from the occurrence of the fault/error/defect.
3. All complaints regarding the Service must be submitted by e-mail to: kontakt@makeupfitness.com.
4. The complaint submission should describe the error or defect and specify the time, place, and circumstances of its occurrence (including browser name and version).
5. Complaints are processed within 14 days of receipt by the Service Provider. Within this period, the Service Provider will notify the User (via e-mail to the address provided during registration or in writing) of their position regarding the complaint, along with a justification.
6. Upon exhaustion of the complaint procedure, the User retains the right to pursue claims in court proceedings, subject to Section VIII point 9 of these Terms.
7. The Service Provider does not offer technical support or assistance regarding software installed on the User's computer/phone/tablet or other devices.

VII. PERSONAL DATA PROTECTION

1. The controller of Users' personal data within the meaning of personal data protection legislation is the Service Provider.
2. The Service Provider ensures the protection of personal data entrusted to it by Users. Processing occurs in accordance with applicable laws, including GDPR, the Electronic Services Act, and relevant executive acts. Personal data is processed to execute the Service (Art. 6(1)(b) GDPR), inform Users about the Service Provider (Art. 6(1)(f) GDPR), or for other purposes based on explicit consent (Art. 6(1)(a) GDPR).
3. The Service Provider may disclose User information to authorized state authorities or third parties who present a lawful request under Polish law. Otherwise, no User information will be disclosed without explicit consent.
4. The personal data processed includes the User's e-mail address, first name, and last name supplied during registration. Providing data is voluntary but necessary to execute the Service. For invoicing, additional details like address, Tax ID (NIP), and company name may be processed as required by tax law.
5. Every User has the right to access, rectify, complete, restrict, or request the erasure of their personal data. Users also hold rights to data portability and to object or lodge a complaint with a supervisory authority. Requests should be sent to: kontakt@makeupfitness.com. Requests will be addressed within 30 days (extendable up to 3 months for complex cases with prior notice).
6. Non-personal data collection (cookies) is regulated by the Privacy Policy available on the Service Provider's website.
7. Personal data will be retained only as long as required by:
   
   • a) tax laws;
   • b) defense against potential legal claims;
   • c) until consent is withdrawn (where consent was the sole legal basis);
   • d) until an objection is accepted (where legitimate interest was the legal basis).
8. The Service Provider employs appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or destruction.
9. Personal data may be shared with trusted third-party service providers acting on behalf of the Service Provider:

Service Category	Third-Party Provider Details & Policies
Invoicing System	Fakturownia Sp. z o.o., ul. Juliana Smulikowskiego 6/8, 00-389 Warsaw, KRS: 0000572426, NIP: PL5213704420. Links: Security, GDPR, Cookies.
Social Media Plugins	Facebook / Instagram (Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA). Links: Facebook Policy, Instagram Help. Optional social login (Facebook/Google) shares name, e-mail, age, location, and profile details to create and personalize the User account (Legal basis: Art. 6(1)(a), (b), (f) GDPR).
Analytics & Advertising	Google Analytics / Ads / Facebook Ads (Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). Tracks cross-device activity, usage data, and conversions for ad personalization based on interests. IP anonymization is managed via Google Tag Manager. Links: Analytics Terms, Google Privacy, Opt-out Addon.

VIII. FINAL PROVISIONS

1. Either party may terminate the Agreement without giving reasons at any time by giving one month's written notice – fees paid will be refunded on a pro-rata basis.
2. These Terms and Conditions may change due to:
   
   • a) statutory compliance requirements;
   • b) regulatory orders, court decisions, or official rulings;
   • c) introduction of new services or changes in scope;
   • d) technical changes in service delivery;
   • e) changes in the Service Provider's business scope;
   • f) corrections of editorial errors or typos.
3. Users will be notified of changes by posting the updated Terms on the website and by sending an e-mail notification to the address provided during registration.
4. Notification will occur at least 14 calendar days prior to the implementation of the changes.
5. Users who do not accept the new Terms may terminate the Agreement within 7 days of publication by emailing kontakt@makeupfitness.com. The User will then be allowed access under previous terms until their paid validity period expires. If no termination notice is received, the new Terms become binding.
6. Matters not governed herein are subject to Polish law, including the Civil Code, Consumer Rights Act, and Electronic Services Act. Users and the Provider are strictly forbidden from sharing illegal, copyrighted, defamatory, or pornographic material.
7. Disputes shall be resolved through negotiation or mediation. If unresolved, disputes will be submitted to the court having jurisdiction over the Service Provider's registered seat or, for Consumers, a court of competent jurisdiction selected by the Consumer.
8. Consumers can access out-of-court dispute resolution mechanisms through local consumer ombudsmen, non-profit organizations, or UOKiK resources:
   
   • a) http://uokik.gov.pl/spory_konsumenckie.php
   • b) http://www.uokik.gov.pl/sprawy_indywidualne.php
   • c) http://www.uokik.gov.pl/wazne_adresy.php
9. Out-of-court options available to Consumers include:
   
   • a) Permanent Arbitration Consumer Court operating at the Trade Inspection;
   • b) Regional Inspector of Trade Inspection mediation (Art. 36 of the Trade Inspection Act of 15 Dec 2000);
   • c) Free assistance from municipal/county consumer ombudsmen or NGOs (e.g., Consumer Federation);
   • d) The EU Online Dispute Resolution (ODR) platform: http://ec.europa.eu/consumers/odr/.

10. Unless otherwise provided in these Terms and Conditions or mandatory provisions of law, any correspondence addressed to the User shall be sent by electronic mail – to the e-mail address specified by the User during registration on the makeupfitness.com website as a contact address, or to another e-mail address if it follows from the circumstances that it belongs to the User (e.g., the address was placed on the User's letterhead, on the User's website, in the National Court Register [KRS], or other registers, etc.). In particular, the Service Provider is authorized to send all demands, notices, declarations of termination of the Agreement, declarations of set-off, etc., in the manner specified in the first sentence. The above provisions do not exclude the possibility of delivering correspondence in another manner, including, in particular, by registered post. Contact with the Service Provider is possible via the communication channels available at https://makeupfitness.com/kontakt.
11. These Terms and Conditions enter into force on September 1, 2026, and are made available to the User at the e-mail address provided during registration.