General business terms and condition
((hereinafter referred to as “GBTC”))
1. GENERAL BUSINESS TERMS AND CONDITIONS
1.1 These General Business Terms and Conditions specify in more detail the rights and obligations of the Company and the User when using the Application by the User, whether against a payment or free of charge, regardless of the place or time of use of the Application.
1.2 These GBTC are prepared in accordance with the provisions of Section 1751 (1) of the Civil Code.
1.3 These GBTC, as well as all relations between the Company and the User, shall be governed by the applicable law.
1.4 The User expresses their explicit consent to these GBTC when registering into the Application by ticking the relevant box.
2. TERMS AND DEFINITIONS
2.1 The basic terms used in these GBTC are as follows:
- “Company” means the business corporation WODMADE s.r.o., Company ID No.: 09148469, registered office in the Czech Republic, Liberec, Palachova 504/7, Postal code 460 01, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, File 45324, established and existing under the laws of the Czech Republic,
- ‘User’ means any natural person who uses the Application. If the User is a person under the age of 18, the Application shall be used by such User under the responsibility of the legal representatives of such person and the Company shall not be responsible in any way for the fact that the User is a person under the age of 18 years,
- „Application“ means the WODMADE mobile application intended for use by the User, the purpose of which is in particular to provide personalised training to Users in various sports performances and disciplines. In addition to this, the Application may offer other functions provided by the Company,
- „Subscription“ means one of the subscriptions offered by the Application for the purpose of Use of the Application against payment. In case of multiple types of subscription, the terms and conditions of each subscription are specified in more detail in the Application, and the choice of the subscription is up to the User,
- „Applicable law“ means, regardless of the time and place of use of the Application, always the law of the Czech Republic,
- “Civil Code” means Act No. 89/2012 Coll., the Civil Code, as amended.
3.1 The Application is freely accessible for download to all Users who have a mobile phone or other device compatible with the Application.
3.2 The Application contains the functions that are provided to the registered Users. Some of the Application functions may only be accessible after payment of the subscription fee, or some specific type of subscription.
3.3 The Company is not responsible for the compatibility of the Application with the User’s mobile device, but it seeks to ensure maximum compatibility.
3.4 The User is responsible for all the expenses related to the use of the Application.
3.5 The User has a limited, non-exclusive and non-transferable right of access to the Application. Except as provided above, the User is not granted any right or entitlement to the Application or its content.
3.6 The Application may be downloaded from the “Apple App Store” platform. The Company reserves the option to offer the download of the Application from different platforms.
3.7 The Company shall use its best endeavours to enable the User to log in to the Application 24 hours a day and 7 days a week, unless an event of force majeure or any of the following cases occur. In particular, the Company shall have the right at any time and without liability and/or without establishing any rights of the User towards the Company:
- to suspend, interrupt or limit access to all or part of the Application, allow access to the Application or parts thereof to certain categories of Users,
- to prevent any information or activities that could impair the function of the Application or violate any legal regulations, good manners or legitimate interests of the Company,
- to suspend or limit access to the Application in order to update it. The Application can be updated automatically so that the functions and services provided by the Application may be added, removed or modified.
The Company shall be released from any liability in case of impossibility to access the Application in case of an event of force majeure within the meaning of the provisions of Section 2913 of the Civil Code, or in case of impossibility to access the Application caused by circumstances beyond the Company’s control (especially problems with the User’s equipment, technical hazards, disruption of the Internet network, etc.).
3.8 Before performing maintenance or updates, the Company shall not be obligated to notify the User in advance.
3.9 The Company shall have the right at any time without prior notice to the User to change the appearance or functionality of the Application.
4. USER’S HEALTH CAPABILITY
4.1 By accepting these GBTC, the Application User acknowledges that the Company is not liable for any damage or harm caused to the User in connection with the use of the Application.
4.2 The User declares and confirms that they use the Application on their own responsibility and risk.
4.3 The User acknowledges and confirms that they are aware that the Company is not a medical organisation or institution and does not provide expert advice in the field of medicine. It is therefore the User’s responsibility to consult their physician on the suitability and method of use of the Application before each use of the Application.
4.3 In any case, the good health condition of the User is required to use the Application. Regardless of the past medical history of the User, the Company recommends that the User consult a physician before using the Application. This caution is necessary in particular, but not exclusively, if the User is a pregnant woman or a breast-feeding mother, a person under 18 years of age, a person suffering from any disease or health restriction, a person having suffered a disease or having underwent a medical intervention.
4.4 In the event that the User has any doubts about their medical condition before or during use of the Application, it is recommended that the User no longer uses the Application and consults the physician immediately.
4.5 Any content of the Application must never be interpreted as professional advice, medical advice or medical diagnosis and, at the same time, this content is not a substitute for consultation with a physician, medical treatment or competent expert advice.
5. REGISTRATION AND SUBSCRIPTION
5.1 To access the Application services, it is necessary to create a User account (registration). The registration is free of charge and no access to any functions of the Application is associated with it. When registering, the User must fill in the required mandatory fields. The User is obligated to provide accurate and true information when registering. In the event of a change in the provided information upon registration, the User is obligated to make such change on their User account.
5.2 The Company is not responsible for the correctness of the information and data provided by the User when registering, but notifies the User that the correctness of the provided data and information has an impact on the correct operation of the Application and on effectiveness thereof.
5.3 The User must create their user name and password when registering in the Application. The User is responsible for the confidentiality of their password and information relating to their User account. The User undertakes to use the User name and password exclusively for their personal use and not to disclose the login information to a third party, nor to share the access and use of the Application with a third party. Access codes are personal, confidential and non-transferable. The User shall be solely responsible for the use of identification elements consisting of a combination of the User name and password assigned to the User.
This User name and password may only be changed at the request of the User or at the initiative of the Company, on the basis of a prior notice to the User. The User is obligated to inform the Company immediately if they discover a security breach which applies in particular to the misuse of their User name and/or password, so that the Company can immediately take all reasonable measures to remedy this security breach problem. In the event of loss or misuse of the User’s name and/or password, the User shall inform the Company as soon as possible. The Company shall send a new password to the User by e-mail to the address provided by the User.
5.4 The User acknowledges and agrees that they may only connect one mobile device to their User account at a time. In case of a connection under the same User name on several terminal devices, the User shall receive a notification by e-mail. If the User repeats this multiple login, the Company may suspend the User’s subscription.
5.5 In order to ensure access to the functions of the Application, it is necessary that the User chooses a specific type of subscription and pays the corresponding price of the subscription.
5.6 The individual types of subscriptions and their prices are listed in the Application and the choice is always up to the User. Different types of subscription may be associated with the access to certain Application functions. The Company reserves the right to delete and/or modify the subscription conditions in order to adapt to the market situation. Any amendment, as far as possible, shall apply to any new agreed subscription, with the exception of the existing agreed subscriptions.
5.7 By selecting a specific type of subscription, the User agrees to the price of this subscription and undertakes to pay this price. Computer records kept in the Company’s computer systems under reasonable security conditions shall be considered as proof of communication, subscriptions and payments between the Parties. It is explicitly agreed that unless proven otherwise, the data recorded in the Company’s computer system shall constitute proof of all transactions entered into with the User.
5.8 The price for login is determined by the Company. The price is primarily determined in USD (US dollar) and EUR (euro), and the Company reserves the right to also determine the price for login in other currencies according to the location or requirements of the platform on which the Application is located. The User acknowledges that if the subscription fee is paid in another currency, the exchange rate fees may be charged and shall be payable by the User. The Price for the subscription is set as fixed and its change by the Company is only possible for future subscriptions thus far not agreed. The price for the subscription may be increased by the value added tax (VAT) at the statutory rate, if the Company is a VAT payer, and the User acknowledges that the amount of such tax may differ in time or in place.
5.9 Payment of the price for the subscription shall be made in the manner and on the dates agreed by the User in the Application. If the User is late with the payment of the price for the subscription for a period longer than 10 days, the Company shall be entitled to:
- immediately make the whole subscription fee due and payable if the payment of the price of the subscription was spread over several instalments, and require the User to pay the entire subscription fee,
- suspend or terminate the User’s subscription,
- suspend or terminate the User’s access to the Application even up to the manner as specified in the Section 5.12 of these GBTC.
The User shall be notified by e-mail of the occurrence of the delay, as well as of the follow-up actions by the Company.
5.10 The User shall be entitled to terminate the agreed subscription at any time by means of a written notice of termination sent to the Company’s e-mail address, or by means of termination of the subscription by the User at the platform operator at which the Application is located. The subscription shall be terminated:
- for subscriptions agreed for a definite period of time, as of the date when the notice of termination is delivered to the Company. In such a case, the User shall not be entitled to any compensation due to the cancelled subscription,
- for subscriptions agreed for an indefinite period of time, at the end of the current billing period relating to a specific subscription. Until this date, the subscription remains valid and the User is obligated to pay the price of the subscription till that date.
The Company shall also be entitled to terminate the agreed subscription in the cases specified in these GBTC or in the event that the User materially breaches their obligations. Termination shall take effect on the day on which the User is notified thereof via e-mail, in which case the above procedure shall be followed.
5.11 The Company is entitled, but not obligated, to provide to the User a free trial period for any Application, so that the User may try the Application free of charge or at a reduced price. This trial period is limited in time to the extent stated when ordering the subscription and may only be used once for each User. The Company retains the right to refuse or withdraw the trial period in case of misuse by the User, especially if the User has already used the free trial. In order to determine the possibility of providing a free trial period, the Company may use as information, among others, the device identifier, the method of payment used or the e-mail address of the account used for the previous or recent subscription. The price for the subscription shall be charged to the User automatically at the end of the trial period. In the event of termination of the subscription by the User before the end of the trial period, the Company shall not charge anything. The end date of the trial period is notified to the User when ordering the subscription and is available at any time on their User account.
5.12 The User may at any time finally terminate the use of the Application by deleting its User account (hereinafter referred to as the “Final Termination”). This Final Termination is effective when this requirement is processed by the Company. The User acknowledges that at the Final Termination all of their data will be deleted in the Application, except for the data that must be stored under a legal storage obligation or for evidence purposes.
Final Termination may also be performed by the Company in the cases specified in these GBTC or in the event that the User materially breaches their obligations. Final Termination is effective on the day when the User is informed thereof via e-mail.
Upon Final Termination during the term of the User’s subscription, whether by the User or the Company, the payment of the price for the subscription and the entitlement to the refund of this price shall follow the procedure specified in Section 5.10. of these GBTC.
The User is entitled to create a new account at any time by repeating the process of registration in the Application, but the subscription which has expired by the previous Final Termination is no longer renewed.
6. RIGHT OF WITHDRAWAL
6.1 In the case of distance contracts, the Company shall inform the User that if the consumer within the meaning of the applicable regulations, the User may withdraw from the contract without stating any reason within fourteen (14) days of the conclusion of the contract (agreement on the subscription).
6.2 When exercising the right of withdrawal, the User is obligated to notify the Company of their decision to withdraw from the Contract by submitting a clear statement (e.g. a letter sent by post, fax or e-mail). The User may use the contract withdrawal form attached to this document, but its use is not mandatory. If the User exercises the right of withdrawal by e-mail, the Company shall immediately send the User a confirmation of receipt of the notice in the same manner.
6.3 In order to comply with the withdrawal period, it is sufficient for the User to send the withdrawal notice to the Company demonstrably before the expiration of the withdrawal period.
6.4 This right of withdrawal shall apply without any penalty for the User.
7. USER’S OBLIGATIONS AND COMPANY’S OBLIGATIONS
7.1 The User has in particular the following obligations:
- to comply with their obligations under the present GBTC and, where appropriate, with the conditions of the subscription ordered by them,
- to comply with legal regulations and good manners and respect the rights and legitimate interests of the Company,
- use the Application for the purpose for which it is intended and always exclusively for non-commercial purposes, not for the achievement of direct or indirect profit, where it is explicitly prohibited:
a) to sell, lease and/or otherwise distribute the Application and/or the contents thereof to third parties,
(b) to make copies, make modifications, changes, translations, transcripts, compilation, decompilation, assembly or disassembly, transcoding or reverse engineering of the entire Application and/or its contents, or parts thereof,
c) to extract or reuse an essential or non-essential part of the content of the databases and multimedia content of the Application, not even for private purposes,
d) to permanently or temporarily reproduce the Application in whole or in part, or the Application contents, in any way and in any form;
e) to export the Application, and/or to link the Application or its part with other computer programs,
f) use the Software or any equipment that could interfere with the proper functioning of the Application.
The Company reserves the right to suspend or cancel the subscription or to suspend or terminate the User’s access to the Application up to the manner described in Section 5.12 of these GBTC to any User who breaches these obligations on their own or through another person.
7.2 The Company has in particular the following obligations:
- to provide the User with access to the Application in accordance with the conditions specified in these GBTC and, where applicable, with the characteristics of the subscription to which the User has applied,
- to use all means at its disposal to ensure access to the Application and use of the Application and the User’s personal data.
8. RESPONSIBILITY OF THE COMPANY
8.1 The User acknowledges that the Company is not responsible and the User may not claim the responsibility of the Company especially in the following cases:
- use of the Application by the User in conflict with the purpose of the Application,
- internet or intranet is not working,
- occurrence of technical problems and/or cyber attack that will have an impact on the terminal device, data stored therein or other User applications. The terminal device used by the User to access the Application is used on their sole responsibility,
- incorrect interpretation or use of the content and information provided through the Application,
- ineffectiveness of exercise and programmes of physical exercises,
- failure to deliver the results expected by the User when using the Application,
- injuries or pain associated with the use of the Application.
8.2 The Company shall act with the due care of a good manager and use all necessary care to duly discharge its obligations. It may waive all or part of its liability by proving that the non-performance or improper performance of its obligations is caused either by the User, an unforeseeable and insurmountable fact, a third party or by an event of force majeure.
9. INTELLECTUAL PROPERTY
9.1 The Company is the exclusive owner of or has a license to use all intellectual property rights related to the Application content and all computer elements that may be used to operate the Application and generally all elements reproduced or used in the Application.
9.2 Reproduction, representation, use or modification of the Application or any part thereof in any form, including computer applications, without the prior written consent of the Company is strictly prohibited. The fact that the Company does not initiate proceedings as soon as it becomes aware of such unauthorised use does not mean that the Company accepts such uses and waives the possibility of criminal prosecution.
9.3 The User further explicitly undertakes that the use of the Application shall not affect the Company’s rights in any way, and in particular that such use does not constitute an act of counterfeiting, unfair competition or sponging on the Application’s content.
9.4 By accepting these GBTC, the User further acknowledges that the right to use the Application granted to them, whether as the free or paid subscription, is neither transferable nor transmissible for any reason. This right of use shall only be granted to the User for their own needs in connection with the use of the Application, excluding any other purposes.
9.5 It is strictly forbidden that the User accesses and/or uses the source code of the Application and/or the software parts of the Application.
9.6 The User shall not acquire any intellectual property rights relating to the Application or its content or any part thereof through the authorised use of the Application.
10. PERSONAL DATA PROTECTION
10.1 In order to use the Application, the Company is obliged to process the User’s personal data.
10.3 Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection.
11. SETTLEMENT OF DISPUTES
11.1 In the event that a consumer dispute arises between the Company and the User which cannot be settled by mutual agreement, the User as the consumer may file a petition for an alternative dispute resolution to the body designated for alternative dispute resolutions for consumer disputes, which is
Česká obchodní inspekce
Central Inspectorate – ADR Department
120 00 Prague 2
12. FINAL PROVISIONS
12.1 These GBTC are published on the Company’s website, as amended.
12.2 These GBTC may be changed at any time without notice. All changes made to these GBTC shall be communicated to Users by simple publication of such changes on the Company’s website.
12.3 These GBTC are drawn up in Czech and translated into other world languages. In the event of any discrepancy between the language versions of the GBTC, the GBTC in the Czech language shall prevail.
12.4 All explanations regarding the use of these GBTC, any requests for information or claims in connection with the operation of the Application and the User’s obligation must be addressed to the Company either by post to the address of its registered office:
WODMADE s.r.o., registered office in the Czech Republic, Liberec, Palachova 504/7, Postal code 460 01
or via e-mail to the address:
12.5 The following documents form an integral part of these GBTC:
- Contract withdrawal form
12.6 The present GBTC shall enter into force and become effective on 1 January 2021.