TERMS AND CONDITIONS

version 2.0.

I. Introductory provisions

1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”).
2. These Terms and Conditions govern the mutual rights and obligations of:

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

e-mail: info@fitvise.cz

telephone: +420 777 775 277

website: https://www.fitvise.cz/ (hereinafter referred to as the “Website”)

(hereinafter referred to as the “Company”) 

and a natural person or legal entity entering into an agreement for the provision of digital content with the Company, the subject matter of which is access to and use of the mobile application named “FITVISE” (hereinafter referred to as the “User”).

3. The “FITVISE” mobile application is intended for athletes and coaches and enables them, in particular, to record and manage training and nutrition plans, monitor athletic progress, body weight, body measurements and other data related to physical activities and a healthy lifestyle, as well as to book training sessions with their coach, within the scope of the functionalities currently made available by the Company (hereinafter referred to as the “App”).

4. The App allows the creation of the following types of user accounts:

a. an “athlete” account intended primarily for Users monitoring their own training activities, training or nutrition plans and progress achieved (hereinafter referred to as the “Athlete Account”),

b. a “coach” account intended primarily for Users creating training or nutrition plans and maintaining records concerning their clients (hereinafter referred to as the “Coach Account”).

5. Under the agreement for the provision of digital content, the Company undertakes to provide the User with access to the App free of charge and to enable the User to use it under the conditions set out in these Terms and Conditions (hereinafter referred to as the “Agreement”).

6. The provisions of the Terms and Conditions form an integral part of the Agreement. Any provisions agreed in the Agreement that differ from these Terms and Conditions shall prevail over the provisions of these Terms and Conditions.

7. These Terms and Conditions and the Agreement are concluded in the English language.

8. Any costs incurred by the User in using means of distance communication in connection with the conclusion of the Agreement with the Company, in particular internet connection costs or telephone call charges, shall be borne by the User. Such costs do not differ from the basic rate charged to the User by the relevant service provider.

II. Description of the App and Its basic features

1. The App is available for download for the iOS operating system in the App Store and for the Android operating system in Google Play.

2. By registering in the App, the User enters into an agreement for the provision of digital content with the Company pursuant to Section 2389a et seq. of the Civil Code, under which the Company undertakes to provide the User with access to the App for the User’s own use. The App is provided to the User free of charge.

3. Acceptance of these Terms and Conditions is a prerequisite for using the App. The User accepts the Terms and Conditions during registration in the App.

4. A detailed description of the App, its current features and the technical conditions for its use is provided on the Website, in the App, in the App Store or in Google Play.

5. The minimum age for using the App is 13 years, or a higher age where required by local law. A User under 16 years of age in the United Kingdom and under 18 years of age in other jurisdictions must have the consent of their legal representative to register for and use the App.

III. Access to the App, licence, term of the Agreement, withdrawal from the Agreement and termination of the Agreement

1. When registering in the App, the User is required to provide the Company with correct and truthful information. The User is required to update the information in the User Account whenever it changes. The Company considers the information provided by the User in the User Account to be correct.

2. The User is required to familiarise themselves with these Terms and Conditions when registering and to comply with them when using the App. If the User does not agree with the Terms and Conditions, the User must refrain from using the App.

3. Access to the User Account is secured by the User’s login credentials. The User is required to keep confidential the information necessary to access the User Account, protect the login credentials and prevent their use by any third party.

4. The Company grants the User a free, non-exclusive, non-transferable and non-assignable licence to use the App for the duration of the Agreement, to the extent necessary for the proper use of the App in accordance with its intended purpose and these Terms and Conditions.

5. The licence authorises the User, in particular, to install the App on a mobile device owned or lawfully used by the User and to use the functionalities of the relevant type of User Account. A User using a Coach Account is also authorised to use the App in connection with their business activities.

6. The licence does not grant the User the right to reproduce, distribute, provide to third parties, modify or otherwise use the App or any part thereof beyond the scope expressly provided for in these Terms and Conditions or generally binding legislation.

7. The Company is entitled to delete a User Account if the User has not used it for more than two years. Where possible, the Company shall notify the User in advance of the intended deletion of the User Account at the User’s email address.

8. The Company is also entitled to temporarily block the User Account or restrict the User’s access to the App, in particular if:

a. the User breaches these Terms and Conditions or applicable legislation,

b. there are reasonable grounds to suspect that the User Account is being used by an unauthorised person,

c. this is necessary to protect the security of the App, User Accounts or other Users,

d. the User uses the App in a manner that may disrupt or endanger its operation,

e. the User makes unlawful or otherwise objectionable content available through the App,

f. blocking or restricting access is necessary for another serious operational, technical or security reason.

9. Unless the situation requires immediate action, the Company shall notify the User in advance of the breach of their obligations and provide the User with a reasonable period in which to remedy the breach. In the event of a serious breach of obligations, a security incident or an imminent threat to the App or other Users, the Company is entitled to block the User Account without prior notice.

10. If the User fails to remedy the breach of their obligations within the reasonable period provided by the Company or commits a serious or repeated breach of these Terms and Conditions, the Company is entitled to delete the User Account and terminate the Agreement.

11. The User is entitled to request the deletion of the User Account through the relevant functionality in the App or by sending a request to the email address specified in these Terms and Conditions. The Company shall delete the User Account without undue delay after receiving the request.

12. The User acknowledges that the App and the User Account may not be continuously available, in particular due to necessary maintenance, repairs or updates to the hardware and software of the Company or third parties, security measures or circumstances beyond the Company’s control.

13. The App shall be made available to the User without undue delay after the User completes registration in the App.

14. A User who is a consumer is entitled to withdraw from an Agreement concluded by means of distance communication within 14 days of its conclusion. The User may withdraw from the Agreement by making any unequivocal statement addressed to the Company.

15. The User acknowledges that the App constitutes digital content that is not supplied on a tangible medium and that it is made available immediately after registration is completed. To the extent that the subject matter of the Agreement is the provision of digital content, a User who is a consumer may not withdraw from the Agreement after performance has commenced, in accordance with Section 1837(l) of the Civil Code. This does not affect the User’s right to terminate the Agreement at any time under paragraph 19 of this Article of the Terms and Conditions.

16. A User who is a consumer is also entitled to withdraw from the Agreement in accordance with Section 2389h of the Civil Code if the Company is in default in making the App available and fails to perform its obligation without undue delay after being requested to do so by the User or within an additional period agreed between the User and the Company.

17. The User is entitled to withdraw from the Agreement without granting an additional period for performance if it is apparent from a statement by the Company or from the circumstances that the Company will not make the App available, or if it follows from the agreement between the parties or from the circumstances existing at the time of conclusion of the Agreement that making the App available at a specified time is essential.

18. In the event of withdrawal from the Agreement, the Company shall disable the User’s access to the App and the User Account. Following withdrawal from the Agreement, the User shall refrain from further use of the App and from making it available to any third party.

19. The Agreement is concluded for an indefinite period. The User may terminate the Agreement at any time and without giving any reason, in particular by deleting the User Account in the App or by sending a request to the Company.

20. The Company may terminate the Agreement if it decides to discontinue the operation of the App or a substantial part thereof. The Company shall inform the User of this fact at least 30 days in advance, unless prevented from doing so by serious technical, security or legal reasons.

21. Upon termination of the Agreement, the User’s licence to use the App shall expire and the User shall refrain from using the App.

IV. Rights arising from defective performance

1. The rights and obligations of the parties regarding the Company’s liability for defects in the App shall be governed by the applicable generally binding legislation, in particular Sections 1914 to 1925 and Sections 2389a to 2389t of the Civil Code and the relevant provisions of Act No. 634/1992 Coll., on Consumer Protection.

2. The Company is liable to the User for ensuring that the App is free from defects for the duration of the Agreement, in particular that it corresponds to the agreed description and scope of functionalities and is suitable for the purpose for which an app of this type is normally used, taking into account the nature of the App.

3. If the App is defective, the User may request that the defect be remedied, unless remedying the defect is impossible or disproportionately costly. Proportionality shall be assessed in particular with regard to the significance of the defect and the value that the App would have had without the defect.

4. The Company shall remedy the defect within a reasonable period after it has been reported, without causing significant inconvenience to the User.

5. The User may report a defect that appears or occurs in the App during the term of the Agreement.

6. The User may withdraw from the Agreement if:

a. the Company has failed to remedy the defect in accordance with paragraph 4 of this Article, or it is apparent from a statement by the Company or from the circumstances that the defect will not be remedied within a reasonable period or without significant inconvenience to the User,

b. the defect reappears after it has been remedied, or

c. the defect constitutes a material breach of the Agreement.

7. The User may not withdraw from the Agreement if the defect in the App is only insignificant. A defect is presumed not to be insignificant.

8. If the User withdraws from the Agreement, the User shall refrain from using the App, including making it available to any third party. The Company may prevent the User from continuing to use the App, in particular by disabling access to the App or the User Account.

9. When exercising a right arising from defective performance, the User is required to identify the defect or describe how the defect manifests itself, provide their contact details and specify how they request the complaint to be resolved. The User shall submit the complaint to the Company’s email address specified in these Terms and Conditions.

10. The User is required to provide the Company with reasonable and necessary assistance in determining the cause of the defect, in particular information about the mobile device used, the operating system, the version of the App and the manner in which the defect manifested itself.

11. The Company shall not be liable for a defect in the App if it proves that the defect arose exclusively as a result of unsuitable technical equipment or software used by the User, an inadequate internet connection or the User’s failure to install a properly made available update to the App, provided that the User was clearly and comprehensibly informed in advance of the technical requirements, the availability of the update and the consequences of failing to install it.

12. If the User is a consumer, the Company shall resolve the complaint, including remedying the defect, without undue delay and no later than 30 days from the date on which the complaint was submitted, unless the Company agrees with the User on a longer period.

V. Modification of the App

1. The Company is entitled to modify the App on justified grounds, in particular by adding, changing, restricting or discontinuing individual functionalities of the App.

2. Justified grounds for modifying the App include, in particular:

a. improving existing functionalities or introducing new functionalities,

b. increasing the security or stability of the App,

c. remedying a defect or another technical deficiency,

d. adapting the App to changes in legislation,

e. adapting the App to changes in operating systems, the App Store, Google Play or other third-party services,

f. protecting the App or Users against misuse,

g. a change to or discontinuation of services provided by an external supplier.

3. If a modification of the App negatively affects the User’s access to or use of the App to more than an insignificant extent, the Company shall inform the User, within a reasonable period before the modification is implemented, of the nature of the modification, the time at which it will be implemented and the User’s right to terminate the Agreement under paragraph 4 of this Article.

4. The User may terminate the Agreement without penalty if the modification negatively affects the User’s access to or use of the App to more than an insignificant extent, within 30 days from the date on which the User was informed of the modification or from the date on which the App was modified, whichever occurs later. Sections 2389n to 2389p of the Civil Code shall apply accordingly to the termination of the Agreement.

VI. Information on compatibility, technical requirements and updates

1. The App is provided in the following languages: Czech, English, German, Spanish, Polish and Ukrainian.

2. The App is made available to the User only after it has been installed on a supported mobile device.

3. The App is intended for mobile devices using the iOS or Android operating system. Information about currently supported operating system versions and other technical requirements is provided in the App Store, Google Play, the App or on the Website.

4. The Company does not guarantee the compatibility of the App with all mobile devices or all versions of operating systems.

5. To use the App, the User must have a functioning mobile device and internet access. The User is responsible for the technical condition and security of their device and for the quality of their internet connection.

6. Certain functionalities of the App may depend on services provided by third parties, in particular the operating system of the mobile device, the App Store, Google Play or the internet service provider.

7. The Company shall ensure that the User is provided with updates necessary to keep the App free from defects for the duration of the Agreement and shall inform the User of their availability.

8. The User is required to install updates made available within a reasonable period. If the User fails to install a properly made available update within a reasonable period, the User shall have no rights arising from a defect caused exclusively by the failure to install that update.

VII. Conditions of use of the App

1. The User is entitled to use the App exclusively for the purpose specified in these Terms and Conditions. The User must not use the App for unlawful purposes or in a manner that infringes the rights of the Company or third parties.

2. The User is not entitled to allow any third party to use the User Account or to disclose the User’s login credentials to any third party.

3. When using the App, the User must not employ methods that could negatively affect its operation, availability or security and must not carry out any activity that could enable the User or a third party to interfere without authorisation with the software, databases or other components forming part of the App.

4. The User acknowledges that the App is a copyrighted work within the meaning of Act No. 121/2000 Coll., the Copyright Act, and is protected by copyright. The User undertakes not to engage in any activity that could enable the User or a third party to use the App without authorisation.

5. The User must not copy, reproduce or otherwise duplicate the App or any part thereof in any manner or distribute copies of the App or any part thereof, except for acts expressly permitted by generally binding legislation.

6. The User must not make any unauthorised modifications to the source code of the App, reverse engineer, decompile or otherwise obtain the source code of the App, or enable any third party to do so.

7. The User must not imitate the App, any substantial part thereof or its functionalities without authorisation, or extract or reutilise databases associated with the App.

8. Through the App, the User must not upload, store or make available any content that:

a. is contrary to applicable legislation or public morals,

b. infringes the rights of the Company or third parties,

c. contains malicious code or another means capable of disrupting the operation of the App,

d. is unrelated to the purpose of the App and places an unreasonable burden on its operation.

VIII. Status of the Company and nature of the App

1. The Company is not a party to any contractual or other legal relationship between a User of a Coach Account and a User of an Athlete Account, in particular an agreement for the provision of coaching, nutrition, advisory or other similar services. The Company is not liable for the proper performance of an agreement or another legal relationship between a User of a Coach Account and a User of an Athlete Account.

2. The Company does not verify the accuracy, safety or suitability of any training or nutrition plan, recommendation or other content created by a User of a Coach Account and is not liable for such content.

3. The App itself does not provide healthcare services, establish a medical diagnosis or replace a professional examination, treatment or recommendation by a doctor or another healthcare professional.

4. The App is not intended to address acute or life-threatening medical conditions. In the event of health problems, the User is required to consult a doctor or another appropriate healthcare professional.

5. The User is responsible for assessing their current state of health and deciding whether a particular exercise, training or nutrition plan or other recommendation is suitable for them.

6. The Company does not guarantee that the use of the App or adherence to content created by another User will achieve any specific athletic, health, nutritional, aesthetic or other result.

7. The App is not intended to serve as the sole archive or sole means of backing up data whose loss could have a significant impact on the User’s business activities, in particular in the case of a User of a Coach Account. At reasonable intervals, the User is required to keep an up-to-date backup copy outside the App of any data necessary for the proper provision of services to the User’s clients. The User acknowledges that a breach of the obligation under this paragraph may affect the occurrence and extent of any damage. The Company shall not be liable for damage to the extent that such damage would not have occurred or would have been lower if the User had properly fulfilled the obligation to back up data and taken reasonable steps to prevent the occurrence or increase of the damage.

8. If data stored in the App is lost or damaged, the Company shall, at the User’s request and to a reasonable extent, attempt to restore the data from available backup copies, where such restoration is technically possible. However, the Company does not guarantee that all data or its most recent version can be restored.

9. To the maximum extent permitted by applicable legislation, the Company shall not be liable to a User who uses the App in connection with their business activities for any damage arising in connection with the use of or inability to use the App.

10. To the maximum extent permitted by applicable legislation, the Company’s total aggregate liability for compensation towards a User who uses the App in connection with their business activities shall not exceed CZK 5,000 for any period of twelve consecutive months, regardless of the number of damaging events or claims made.

11. The limitations of liability under this Article shall not apply to the extent that their application is not permitted by applicable legislation, in particular to harm caused intentionally or through gross negligence, harm caused to a person’s natural rights or in any other case in which the right to compensation for harm cannot be validly limited in advance.

IX. Content entered into the App by the User

1. User Content means all content uploaded, created or stored by the User through the App, in particular training and nutrition plans, records, texts, photographs, data relating to athletic performance, body measurements or progress and other similar content.

2. The User is responsible for the accuracy, completeness and lawfulness of the User Content and for ensuring that uploading, storing or making it available through the App does not violate applicable legislation or the rights of third parties.

3. The rights of the User or third parties to the User Content shall remain unaffected.

4. For the duration of the Agreement, the User grants the Company a free, non-exclusive and territorially unrestricted authorisation to technically store, process, display, transmit, back up and make available the User Content to the extent necessary for the operation of the App, provision of its functionalities and performance of the Agreement.

5. The User acknowledges that, for technological reasons, certain files uploaded or made available through the App may also be temporarily stored in the local memory of the device of a User who views them through the App. This may include, in particular, photographs, documents, training or nutrition plans, progress photographs or other similar content shared between a User of a Coach Account and a User of an Athlete Account.

6. The Company is entitled to remove or disable access to User Content if it violates these Terms and Conditions, applicable legislation or the rights of third parties, or if its removal or disabling is required by a competent public authority.

7. Where technically possible in view of the nature of the App and where required by applicable legislation, the Company shall, at the User’s request after termination of the Agreement, make available to the User any User Content other than personal data that the User created or stored through the App, free of charge, within a reasonable period and in a commonly used machine-readable format.

8. The Company shall not be liable for temporary unavailability or restrictions of the App caused by necessary maintenance, repairs, updates or security measures, provided that the Company acts in accordance with the Agreement and applicable legislation.

9. The Company shall not be liable for the conduct, availability, functionality or content of third-party services, in particular the App Store, Google Play, the operating system of the mobile device or services provided by the internet service provider.

X. Delivery of correspondence

1. The parties may deliver all written correspondence to each other by email.

2. The User shall deliver correspondence to the Company at the email address specified in these Terms and Conditions. The Company shall deliver correspondence to the User at the email address specified in the User Account in the App or, where applicable, at the email address specified in the customer account on the Website.

XI. Personal data

1. Detailed information concerning the protection of personal data is provided in the Privacy Policy.

XII. Alternative resolution of consumer disputes

1. The Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, 120 00 Prague 2, Company ID No. 000 20 869, website: https://adr.coi.cz/cs, is the competent authority for the alternative resolution of consumer disputes between a User who is a consumer and the Company.

2. The Company is authorised to operate the App under the relevant trade licence. Supervision of trade activities is carried out by the competent trade licensing authority within the scope of its powers. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, within the defined scope.

XIII. Offers from external partners

1. The Company may make offers, content or services of third parties available in the App (hereinafter referred to as the “Partners”).

2. The Company informs the User, and the User acknowledges, that interactions with Partners, including registration, purchases or the use of services, take place exclusively between the User and the Partner.

3. The Company is not liable for the truthfulness, completeness, quality, safety or suitability of content, offers or services provided by Partners.

4. The User acknowledges that by clicking on a Partner’s content in the App, the User may be redirected to an external website or application and thereby enters into a legal relationship with the Partner, not with the Company.

XIV. Final provisions

1. All arrangements between the Company and the User shall be governed by the laws of the Czech Republic. If the relationship established by the Agreement between the Company and the User contains an international element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This shall not affect the rights of consumers arising from generally binding legislation.

2. If a person provides their identification number during registration, it shall be presumed that the person is acting in the course of their business activities and acknowledges that the applicable consumer protection legislation does not apply to the Agreement concluded with them. Under the conditions laid down in the Civil Code, an entrepreneur also means any person who concludes agreements relating to their own commercial, manufacturing or similar activities or in the independent exercise of their profession, as well as a person acting in the name of or on behalf of an entrepreneur. For the purposes of these Terms and Conditions, an entrepreneur means a person acting in accordance with the preceding sentence in the course of their business activities.

3. All rights to the Website and the App, in particular copyright in their content, software, databases, layout, photographs, videos, graphics, trademarks, logos and other elements, belong to the Company or to persons who have granted the Company authorisation to use them. Without the Company’s consent, it is prohibited to copy, modify or otherwise use the App, the Website or any part thereof beyond the scope of the licence granted under these Terms and Conditions or a statutory licence.

4. The Agreement, including these Terms and Conditions, is archived by the Company in electronic form. The current version of the Terms and Conditions is available to the User on the Website and in the App.

5. The Company may amend or supplement the Terms and Conditions. This provision shall not affect rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions. If the Company amends the Terms and Conditions, it shall notify the User of the amendment by email at least 30 days before the planned effective date of the amended Terms and Conditions. If the User does not agree with the amendment to the Terms and Conditions, the User is entitled to terminate the Agreement within 30 days from the date on which the amendment to the Terms and Conditions was delivered. If the Agreement is terminated, the User is required to refrain from using the App. If the User does not terminate the Agreement, the User shall be deemed to have accepted the amendment to the Terms and Conditions.

6. An amendment to the Terms and Conditions shall not affect rights and obligations arising during the period of effectiveness of their previous version.

7. These Terms and Conditions shall become valid and effective on July 30, 2026.