Terms of Service

Last Updated: October 26, 2023

Welcome to Pohyb Telo, accessible at pohybtelo.live. These Terms of Service ("Terms") govern your access to and use of the website, applications, and services provided by Pohyb Telo ("we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

1. Acceptance of Terms

By using pohybtelo.live, you confirm that you have read, understood, and accept these Terms, as well as our Privacy Policy. If you are using the services on behalf of a legal entity, you represent that you have the authority to bind that entity to these Terms. These Terms apply to all visitors, users, and others who access or use our services ("Users").

2. Description of Services

Pohyb Telo provides online fitness and wellness content, including but not limited to workout videos, educational articles, training programs, and coaching services (collectively, "Services"). Services are offered in English and Slovak (SK). We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.

3. User Accounts and Registration

To access certain features, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.

  • Account Security: You must not share your password or allow others to access your account.
  • Age Requirement: You must be at least 18 years old to create an account. If you are under 18, you may use the Services only with the involvement of a parent or guardian.
  • Account Suspension: We reserve the right to suspend or terminate accounts that violate these Terms or applicable laws.

4. Subscriptions and Payments

Some Services require a paid subscription. By subscribing, you agree to pay all fees in accordance with the pricing and billing terms in effect at the time of purchase. All payments are processed securely by third-party payment processors. We do not store your complete payment information.

  • Billing Cycles: Subscriptions may be billed monthly, annually, or as otherwise specified. You will be charged automatically at the start of each billing period.
  • Cancellation: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period, and no refunds will be provided for unused portions.
  • Price Changes: We may change subscription fees upon 30 days' notice. Continued use after the change constitutes acceptance of the new fees.
  • Taxes: You are responsible for all applicable taxes, including VAT, sales tax, or similar charges.

5. Free Trials and Promotions

We may offer free trials or promotional periods. If you do not cancel before the trial ends, you will be charged for the subscription as described at sign-up. Terms of specific promotions will be communicated at the time of offer.

6. Intellectual Property Rights

All content on pohybtelo.live, including text, graphics, logos, images, videos, software, and course materials, is owned by or licensed to Pohyb Telo and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, or publicly display any content without our prior written consent.

  • Limited License: We grant you a non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes only.
  • Prohibited Uses: You may not use our content for any commercial purpose, including selling, licensing, or renting it. Any unauthorized use terminates this license.

7. User Conduct and Prohibited Activities

You agree to use the Services responsibly and in compliance with all applicable laws and regulations. Prohibited activities include, but are not limited to:

  • Harassment: Engaging in abusive, threatening, or harassing behavior toward other users or our staff.
  • Fraud: Using false identities, misrepresenting your affiliation, or engaging in any fraudulent activity.
  • Unauthorized Access: Attempting to access restricted areas of the website, hacking, or bypassing security measures.
  • Malware: Uploading viruses, malicious code, or any content that could disrupt the Services.
  • Spam: Sending unsolicited communications or advertising without our permission.
  • Unlawful Use: Using the Services for any illegal purpose or in violation of third-party rights.

We reserve the right to investigate and take appropriate legal action against any violation.

8. Health Disclaimer and Assumption of Risk

The Services provide fitness and wellness information for general informational purposes. They are not a substitute for professional medical advice, diagnosis, or treatment. You should consult a qualified healthcare professional before starting any exercise program or making changes to your health routine.

Assumption of Risk: You understand that exercise involves inherent risks, including injury or death. By using our Services, you voluntarily assume all risks associated with participation, and you agree that Pohyb Telo, its owners, employees, and affiliates are not liable for any injuries, damages, or losses arising from your use of the Services.

  • Medical Conditions: If you have any medical conditions, injuries, or concerns, you must consult your doctor before using our workouts.
  • Modifications: You are responsible for modifying exercises to suit your ability level. If an exercise causes pain, stop immediately.
  • No Medical Advice: Our content is not personalized medical advice. Always seek professional guidance.

9. Limitation of Liability

To the maximum extent permitted by law, Pohyb Telo and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of the Services. Our total liability for any claim arising under these Terms shall not exceed the amount you have paid us in the 12 months preceding the claim.

We do not warrant that the Services will be uninterrupted, error-free, or free of viruses. You use the Services at your own risk.

10. Indemnification

You agree to indemnify, defend, and hold harmless Pohyb Telo, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of your use of the Services, your violation of these Terms, or your infringement of any third-party rights.

11. Third-Party Links and Content

Our Services may contain links to third-party websites or resources. We are not responsible for the content, privacy practices, or availability of these external sites. Your interactions with third parties are solely between you and them, and we disclaim all liability.

12. Termination

We may terminate or suspend your access to the Services at any time, with or without cause, including if you violate these Terms. Upon termination, your right to use the Services ceases immediately. Sections 6, 8, 9, 10, 13, 14, and 15 shall survive termination.

You may terminate your account at any time by contacting us or deleting your account through settings. No refunds will be provided upon termination.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Slovak Republic (SK). Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the Slovak Arbitration Court, unless otherwise required by applicable law. You agree that any legal action shall be brought exclusively in the courts of the Slovak Republic.

  • Class Action Waiver: You agree to resolve disputes on an individual basis, and waive any right to participate in a class action, consolidated action, or representative proceeding.
  • Severability: If any provision of these Terms is found to be invalid, the remaining provisions shall remain in full force and effect.

14. Changes to Terms

We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Services after the changes take effect constitutes your acceptance of the new Terms. If you do not agree, you should stop using the Services.

15. Miscellaneous

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pohyb Telo regarding your use of the Services.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right.
  • Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely.
  • Contact Us: For questions about these Terms, please contact us at support@pohytelo.live or via the contact form on our website.

16. Language and Translation

These Terms are provided in English and Slovak (SK). In case of any discrepancy, the English version shall prevail unless otherwise required by local law. Translations are for convenience only.

17. Specific Provisions for Slovak Users

If you are a user from the Slovak Republic, the following additional terms apply:

  • Consumer Rights: You have the right to withdraw from a distance contract within 14 days without giving a reason, in accordance with Act No. 102/2014 Coll. on Consumer Protection. This right does not apply to digital content if performance has begun with your consent.
  • Complaints: You may file complaints with the Slovak Trade Inspection (SOI) or via the European Online Dispute Resolution platform at ec.europa.eu/odr.
  • Data Protection: Your personal data is processed in accordance with GDPR and our Privacy Policy.

18. Digital Content and Courses

For purchased digital courses or programs, you receive a non-transferable license to access the content for personal use. You may not share, resell, or distribute any course materials. All digital content is provided "as is" without any warranty regarding outcomes or results.

19. Community Features

If our Services include forums, comment sections, or social features, you agree to post respectful and constructive content. We reserve the right to moderate or remove content that violates these Terms. You retain ownership of your submissions, but grant us a worldwide, royalty-free license to use, display, and distribute such content for the purpose of operating the Services.

20. No Guarantee of Results

Results from using our Services vary based on individual effort, genetics, diet, and other factors. We do not guarantee specific outcomes, such as weight loss, muscle gain, or health improvements. Any testimonials or examples shown are not indicative of typical results.

21. Technical Requirements

You are responsible for providing the necessary equipment, internet connection, and software to access our Services. We are not liable for any technical issues beyond our reasonable control, such as third-party service outages, force majeure events, or internet disruptions.

22. Refund Policy

Due to the digital nature of our Services, all sales are final unless otherwise stated. Refunds may be granted at our sole discretion in cases of duplicate charges or technical errors. To request a refund, contact us within 14 days of purchase.

23. Governing Language

These Terms are drafted in English and translated into Slovak (SK). In the event of any conflict, the English version shall take precedence, except where Slovak consumer protection law provides a higher standard.

24. Acknowledgment

By using our Services, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. If you have any questions, please do not hesitate to contact us.

Contact Information:
Pohyb Telo
Email: support@pohytelo.live
Website: pohybtelo.live