1. DEFINITIONS

a) In these Terms and Conditions:

I. “Operator” means Fitvise s.r.o, Company ID No.: 17628946, with its registered office at Emy Destinové 411, 252 25 Jinočany, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 374178.

II. “Application” means the mobile application Fitvise, which enables personal fitness trainers to manage their clients, monitor their progress, maintain records, schedule individual or group training sessions and set up nutrition and workout plans. The Application also serves individual users who can record their weight, body fat percentage, and body measurements, view their assigned training and nutrition plans, sign up for sessions with their trainer, and more. The Application is available in the App Store (for mobile devices running the iOS operating system) and Google Play(for mobile devices running the Android operating system).

III. “GTC” means these General Terms and Conditions.

IV. “Agreement” means the agreement concluded between the User and the Operator, under which the Operator grants the User a License to use the Fitvise Application in accordance with these GTC.

V. “License” means a non-exclusive right to use the Fitvise Application under the terms and conditions set forth in these GTC.

VI. “User” refers to any individual or legal entity, other than the Operator, who accesses or uses the Application.

VII. “User Account” means a non-public section of the Application that is accessible to the User after entering the Login Data and allows the User to access and use all or certain features of the Application.

VIII. “Login Data” means the unique combination of the User’s login name and password selected by the User and stored in the Application’s database when creating a User Account through the Application.

2. CONCLUSION OF THE AGREEMENT FOR USE OF THE APPLICATION

a) By clicking the “Register”, “Sign in with Apple”, or “Sign in with Google” button, the User unconditionally accepts the Operator’s offer to enter into the Agreement, and the Agreement is deemed concluded upon this action.

b) By clicking any of the buttons referred to in Section 2(a), the User also confirms his/her consent to these GTC, and the Operator undertakes to inform the User thereof within the user interface of the Application.

c) Upon the conclusion of the Agreement, the relevant provisions of these GTC shall take effect.

3. USING THE FITVISE APPLICATION

a) The Operator grants the User a License to use the Application to the extent and under the conditions specified within the user interface of the Application, particularly those applicable to the respective type of User Account.

b) The License is granted free of charge. The Application is provided to Users at no cost. The Operator, however, reserves the right to display commercial communications and advertisements from its business partners within the Application, through which the operation of the Application is financed.

c) Upon the expiration of the License period, the Operator is entitled to fully or partially restrict or disable access to the User Account.

d) The User is entitled to create more than one User Account.

e) The User is not entitled to grant a sublicense or otherwise allow any third party to use the Application.

f) The Operator reserves the right to modify, suspend, or discontinue the Application, in whole or in part, at any time and for any reason.

g) The User must not decompile, reverse-engineer, modify, copy, or redistribute the Application or any of its parts without the Operator’s prior written consent.

h) The User may use the Application under the terms of the Agreement, in the current version available on the App Store (for devices running the iOS operating system) and Google Play (for devices running the Android operating system).

i) When using the Application, the User undertakes to act in a manner that prevents any harm or damage to either the Operator or the User resulting from such use.

j) The User must be at least 13 years of age (or older, if required by applicable local law) to use the Application. Users under the age of 16 in the United Kingdom and under the age of 18 in other jurisdictions must obtain the consent of their legal guardian to register and use the Application.

4. DATABASE

a) The User is not entitled to mine or extract data from the database connected to the Application by automated or mechanical means (in particular by using so-called software robots or similar tools).

b) The User and the Operator agree that any data entered by the User into the Application’s database form part of the database collected and maintained by the Operator. Such data become an integral part of the Operator’s database, and the User’s actions described in this paragraph do not grant the User any rights to the Application’s database.

c) The Contracting Parties acknowledge, declare, and agree that the Application meets the requirements of Section 562(2) of the Czech Civil Code, namely that data records within the Application and its database, as an electronic system, are reliable, systematically and sequentially maintained, and protected against unauthorised alterations.

5. LIABILITY FOR DAMAGE

a) The provisions of this article of the GTC do not apply to consumers.

b) The User hereby expressly waives any right to claim compensation from the Operator for damage caused unintentionally or not due to gross negligence arising from the Operator’s breach of any obligation under the Agreement or these GTC.

c) The provisions limiting the Operator’s liability shall not apply in cases where the exclusion or limitation of liability would be impermissible under applicable law, in particular with respect to liability for personal injury caused intentionally or through gross negligence.

6. CHANGES TO THE GTC

a) The User acknowledges that the Operator enters into Agreements in the ordinary course of business with a larger number of persons and that such Agreements are, by their nature, intended for repeated and long-term performance of the same type, subject to these GTC. The Contracting Parties expressly acknowledge that, given the nature of the Operator’s obligations under these GTC, a reasonable need for subsequent amendments to the GTC may arise and was foreseeable prior to the conclusion of the Agreement.

b) The Parties hereby agree that the Operator may amend these GTC to a reasonable extent and that any such amendment shall be notified to the User by email, sent to the email address provided by the User in the Application. In such a case, the User shall have the right to reject the amended GTC and terminate the contractual relationship with the Operator by giving one (1) month’s notice, commencing on the day following the date of the notification. The Parties expressly agree that this notice period is sufficient for the User to secure comparable services from another provider.

c) In the event that an Agreement is concluded for an existing User Account (i.e. its renewal or extension), such Agreement shall be governed by the version of the GTC valid and effective as of the date of the conclusion of that Agreement.

7. PROTECTION OF PERSONAL DATA

a) The Operator is legally obliged to protect and secure the personal data provided by the Users. To this end, the Operator employs appropriate and effective security measures and technologies to prevent unauthorized access, alteration, or misuse of personal data.

b) Personal data are processed in accordance with the applicable laws of the Czech Republic, the European Union (GDPR), and the United Kingdom (UK GDPR). Detailed information regarding the processing of personal data is available in the Privacy Policy, accessible at: https://www.fitvise.cz/en/privacy-policy/

8. MANDATORY CONSUMER INFORMATION

a) This section of the GTC applies only to Users who are consumers. The provisions set out herein do not apply to entrepreneurs, sole traders, or commercial companies.

b) The Operator hereby informs the User that:

1. 1. 1. The address for delivering written correspondence to the Operator is identical to the Operator’s registered office specified above.
      2. The Operator’s email address for electronic communication is: info@fitvise.cz.
      3. The license is provided free of charge. The user does not pay any fee for using the Application.
      4. The costs associated with the operation of the Application are covered by the Operator through advertising revenue from business partners.
      5. The User does not incur any delivery or service charges.
      6. To use the Application, the User must have Internet access and a mobile device with the iOS or Android operating system.
      7. The User–consumer has the right to withdraw from the Agreement without giving any reason and without penalty within 14 days from the date of its conclusion. The acceptance of performance means the provision of the License. To exercise the right of withdrawal, it is sufficient for the User to send a withdrawal notice before the expiry of this period.
      8. The User does not incur any additional costs related to the use of remote communication means in relation to the Operator.
      9. Information about the conclusion of the Agreement, including these GTC, is stored in the Application’s database, and the User may access it through the User Account.
      10. The User can detect and correct input errors by reviewing or editing information in the User Account. If correction is not possible within the Application, it can be carried out via the technical support whose contact details are provided in the Application.
      11. The Operator complies with all applicable laws of the Czech Republic. No other codes of conduct are binding upon the Operator.
      12. The Operator does not use any out-of-court dispute resolution mechanism.
      13. The consumer may also use the online dispute resolution platform operated by the European Commission, available at: https://ec.europa.eu/consumers/odr. For Users based or residing in the United Kingdom, it is also possible to contact the locally competent Alternative Dispute Resolution (ADR) entity.
      14. The subject of the Agreement is not the delivery of goods; therefore, provisions on product complaints do not apply to the Application. However, the Operator is responsible for ensuring that the Application corresponds to its description, functionality, and features as specified in the Agreement and these GTC during the term of the Agreement. In the event that the Application fails to meet these requirements, the User–consumer has the right to request that it be brought into conformity with the Agreement. If this is not possible or reasonable, the User has the right to withdraw from the Agreement.
      15. The User is obliged to comply with these GTC, which form an integral part of the Agreement, and with the applicable laws of the Czech Republic.
      16. The User may submit a complaint to a supervisory or state authority. Out-of-court consumer complaints are handled by the Czech Trade Inspection Authority in accordance with the applicable legal regulations.

9. GOVERNING LAW AND JURISDICTION

a) These GTC and the Agreement shall be governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended.

b) If the User is not a consumer, any disputes arising out of or in connection with the Agreement or these GTC shall be settled by the courts of the Czech Republic having subject-matter and territorial jurisdiction.

c) If the User is a consumer, this provision shall not affect the User’s right to bring proceedings before the courts of their country of residence or habitual residence in accordance with applicable consumer protection laws.

10. EFFECTIVENESS

a) These GTC shall enter into force and become effective on August 1, 2023.

11. LANGUAGE VERSIONS

a) These GTC are drawn up in the Czech language and are also available in an English language version. In the event of any discrepancy between the two language versions, the Czech version shall prevail. This English version is provided for informational purposes only.