fitliftly — Terms and Conditions
1. Introduction
1.1 These Terms and Conditions (hereinafter "Terms") govern the mutual rights and obligations between:
The Provider:
- Stelix holding s.r.o.
- Company ID (IČO): 01443909
- VAT ID (DIČ): CZ01443909
- Registered seat: Ke stadionu 1953, 272 01 Kladno, Czech Republic
- Registered in the Czech Commercial Register
- Contact e-mail: info@stelixholding.cz
(hereinafter the "Provider") and the User, meaning any natural or legal person using the fitliftly service (hereinafter the "User").
1.2 These Terms govern the conditions for providing the fitliftly service, available at the domain fitliftly.com and through mobile applications for iOS and Android (hereinafter the "App" or the "Service").
1.3 These Terms form an integral part of the contract concluded between the Provider and the User at the moment of completed registration.
1.4 Matters not regulated by these Terms are governed in particular by Act No. 89/2012 Coll., the Civil Code, and where the User is a consumer, also by Act No. 634/1992 Coll., on Consumer Protection.
2. Definitions
- App / Service — the fitliftly web and mobile application allowing workout logging, workout booking at venues, social interaction, trainer client management and multi-venue management for partners.
- User Account — an account created by registration, used for authentication and access to the Service.
- Role — the account type defining the available functionality scope (user, trainer, venue, partner etc.).
- Venue — a physical location (fitness centre, gym, hall). A Managed Venue has a Partner who manages it in the App; an Unmanaged Venue is shown in the App from public sources and nobody manages it there.
- Trainer Spot — a place outside a Managed Venue (in particular outdoors) chosen by a Trainer in the App for their workouts.
- Venue membership — connecting the User's account to a Managed Venue in the App, which arises when the User joins the venue, registers through its link or books an Own class at that venue; it does not create a membership contract with the venue or an obligation to make recurring payments.
- Payee — the Partner or Trainer to whom the payment for a service belongs, with whom the Credit wallet it is spent from is kept, and who provides the service (Article 4.8).
- Partner — the operator of one or more Venues using the App for business management.
- Trainer — a natural person providing training services using the App to manage clients, create workouts and templates.
- Own class — a workout that a Trainer, with the Partner's consent, runs at a Managed Venue on their own account and for which the App shows the Trainer as the Payee (Article 4.8).
- Workout — an event (classic, circuit or private) created by a Trainer or Venue that Users may book.
- Credit — a record of a prepaid service with a specific Partner or Trainer (1 Credit corresponds to CZK 1), which can be used only for services and goods provided in person — venue entry, a workout and other items in the Partner's or Trainer's price list (Article 7.3). Credits are not purchased through the App Store or Google Play and do not unlock any digital content or features of the App.
- Credit Wallet — the record of the User's current Credit balance with a given Partner or Trainer.
- Shared wallet — a feature by which a User (the Owner) lets up to four other Users (Members) pay for their own services from the Credits in the Owner's Credit wallets with Partners (Article 7.12).
- QR check-in — the process of recording entry/exit to/from a Venue via QR code scanning.
- Sport Pass — an external card (MultiSport, Membros, Benefit Plus etc.) that the User may register in the App for reference only.
- Content — texts, photos, videos, messages and other materials submitted to the App.
3. Registration and User Account
3.1 Use of the Service requires registration of a User Account — by filling in the registration form and verifying the e-mail address, or via social sign-in (Google, Apple, Facebook) which authenticates identity through the identity provider.
3.2 The User shall provide true, complete and up-to-date information. The User is liable for any damage caused by false information.
3.3 The Account is bound to one specific person and may not be shared, sold or transferred to any third party. Detected breaches may result in immediate account blocking.
3.4 The App is intended solely for persons over 18 years of age. Persons under 18 may not use the App or create an account in it.
3.5 The User shall keep the account password confidential. The Provider is not liable for any damage caused by disclosure of the password to a third party, unless the disclosure resulted from a breach of the Provider's obligations. The User shall notify the Provider without undue delay of any suspected misuse of the account and change the password; the Provider may suspend the account until the matter is clarified.
3.6 The User may terminate use of the Service at any time by deleting the Account in the "Privacy & Data" section. Account deletion does not extinguish the Provider's right to retain data required by law (in particular accounting records).
4. Description and Scope of the Service
4.1 The Service provides in particular:
- Social network — activity feed, friends, being a Trainer's client (a User becomes a Trainer's client with the "Become a client" button on the Trainer's profile, by accepting their invitation or by signing up through their link; friendship alone does not make them one), following venues, chat (direct messages, group conversations, venue chat).
- Training and logging — workout creation and logging including own trainings without a trainer or a venue, statistics, personal records (PR), charts, activity heatmap.
- Workout booking — registration for workouts created by Trainers/Venues, watching full workouts (a notification or automatic booking).
- Credit system — purchasing Credits from individual Partners and using them for entries and workouts.
- QR check-in/check-out — recording physical presence at a Venue.
- Gamification — badges, challenges, leaderboards, XP, streaks.
- Sport Passes — register external sport cards for personal reference.
- Health Sync — optional synchronisation of health data from Apple HealthKit / Google Health Connect (see Art. 6 and the Privacy Policy).
- Strava connection — optional export of completed workouts to the User's Strava account.
- Food diary — an optional diary of meals with daily targets and their evaluation; shared with a trainer only with the User's explicit consent. The feature is being made available gradually and may not be available to all Users.
- Partner / Trainer / Venue functions — workout creation including exercise and workout suggestions (Art. 4.6), client management, multi-venue management, billing, invoicing.
- Hybrid coaching — a Trainer plans standalone workouts for their clients and the client logs how they went (Art. 4.7). The feature is being made available gradually and may not be available to all Users.
4.2 The specific scope of features available to the User depends on the assigned Role. The Provider reserves the right to modify, add or restrict App features for further development of the Service.
4.3 Some features may require additional conditions to be met (e.g. active venue membership, positive Credit balance, Partner approval).
4.4 The Food diary serves personal record-keeping of diet and general guidance. It is not a health service, nutritional counselling or a medical device and does not replace a doctor or a nutrition therapist. The same applies to the Smart coach's recommendations. Nutritional values come from public databases, from manufacturers' data and from Users; values from a photo of a label or from text are read by artificial intelligence; they may be inaccurate or out of date, the User checks them before saving and the information on the product packaging always prevails. The App is not intended for verifying composition or allergens. Suggested targets are a general calculation from the data entered by the User; during pregnancy, breastfeeding, illness (in particular diabetes or an eating disorder) or when taking medication, it is advisable to consult a doctor about targets and dietary changes. Targets set for the User by a Trainer are the Trainer's recommendation, not the Provider's.
4.5 A Trainer to whom a User has made their Food diary available may use this data solely to guide that User, may not copy it outside the App or pass it on to other persons, and will not use it further once sharing is cancelled.
4.6 Exercise and workout suggestions that the App offers to a Trainer (based on the class category, from the fitliftly workout library or by artificial intelligence from text, a photo or a brief) are an aid for putting a class together. They may be inaccurate or unsuitable for particular participants; the Trainer reviews them before publishing the class, adapts them to the participants' level and health and is responsible for the content and conduct of the class.
4.7 Hybrid coaching — a Trainer may plan standalone workouts for a User who is their client, which the User trains on their own outside classes. The User logs the sets done, effort, notes and, voluntarily, their readiness (sleep, energy, muscle soreness); the Trainer sees these entries and may react to them. The Trainer is responsible for the plan, its suitability for the User and the guidance; the App only calculates the load derived from estimated maxes according to the Trainer's prescription. Coaching is not a health service (Art. 4.4 applies accordingly) and is not paid through the App. The Trainer may use the User's coaching data solely to guide that User and may not copy it outside the App or pass it on to anyone else. If the User stops being the Trainer's client, the Trainer loses access to their data; workouts already sent remain in the User's history. A User who is a Trainer's client may write to them in the chat without being friends; until the Trainer replies, at most once every 24 hours.
4.8 Position of the Provider — The Provider operates the App as an online platform through which Partners and Trainers offer their services and Users book and pay for them. The service — entry, class, coaching, a sale at the front desk or other — is always provided, and the contract for it concluded with the User, by the Partner or Trainer shown with the service as the Payee; for a workout at a Managed Venue this is the Partner, for an Own class the Trainer (but where the User pays for it with Credits held with the Partner or with a benefit card, the Partner is the Payee for that place, Article 7.3), and elsewhere the Trainer. The Provider is not a party to that contract and does not act on behalf of the Partner or Trainer; Partners, Trainers and their staff are not employees or agents of the Provider and cannot bind it. The Provider is not responsible for the performance, quality, safety or lawfulness of the services of Partners and Trainers, nor for the accuracy of the information they give about themselves and their services in the App; the User exercises rights from defective performance, complaints, withdrawal and compensation for harm arising from the service against the Partner or Trainer. Partners and Trainers who accept payments in the App are traders (Article 16.1), and a User who is a consumer therefore has consumer rights against them. The Provider assists the User in exercising these rights under Article 7.9.
4.9 Technical requirements and development of the App — The App requires an internet connection and a supported system version: a web browser in its current or previous major version (Chrome, Safari, Firefox, Edge) and, for the mobile app, Android 8.0 or later or the iOS version stated in the App Store; current requirements are stated in the App Store and Google Play. Some features require device permissions (camera for the QR code, location for confirming attendance, Apple Health / Health Connect, notifications). The Provider issues updates (Article 11.7) and may, after notice, end support for outdated versions. Features marked as trial (beta) or made available gradually may be changed, restricted or discontinued by the Provider; the User has no entitlement to a particular feature or to features remaining free of charge beyond Article 10.1. The App uses no technical protection measures for digital content beyond signing in to the account.
4.10 Game elements — XP points, levels, badges, streaks and leaderboard positions are game elements with no monetary value; they cannot be exchanged, transferred or claimed, and the Provider may change their rules and calculation or remove them in case of misuse (Article 5.1). A venue challenge is organised by the relevant Partner, which also provides any reward (Credits or a reward at the reception); everyone who completes the challenge receives it, and taking part is free of charge. A Credit reward from a venue challenge is the Partner's performance (Article 7.10). Apple and Google are not organisers or sponsors of challenges in the App and are not involved in them in any way.
4.11 Unmanaged Venues and Trainer Spots — The App also shows Unmanaged Venues; information about them comes from public sources (Section 3.9 of the Privacy Policy), the Provider does not verify it and does not guarantee its accuracy or that the venue will allow the workout or entry. An Unmanaged Venue is not a party to anything agreed in the App; the User checks its entry conditions and price and pays it directly. A workout at a Trainer Spot or an Unmanaged Venue is provided by the Trainer, who is responsible for the suitability and safety of the place and for being allowed to use it for training.
4.12 Own trainings — a User may plan and log an own training in the App without a Trainer and without a venue. It is the User's own record that nobody verifies: it counts towards the User's statistics (the User may choose to see verified classes only) and personal records, but never towards XP, badges, challenges, leaderboards or streaks (Art. 4.10), and it is not shown to other Users. The User trains at their own risk (Art. 5.5); the Provider neither guides the training nor assesses its suitability, and the values the App calculates (such as a load derived from an estimated max) are indicative. The App may suggest exercises or a whole training to the User (by rules or using artificial intelligence from the User's brief); the suggestions are an aid, may be inaccurate or unsuitable, and the User reviews and adjusts them before training. With their consent the User may show their own trainings to a Trainer whose client they are and who offers hybrid coaching (Art. 4.7); the Trainer may use them solely to guide that User, may not copy them outside the App or pass them on to anyone else, and loses access once the consent is withdrawn or the User stops being their client.
5. Rights and Obligations of the User
5.1 The User undertakes to:
- not use the App for any purposes other than those permitted;
- not upload Content that infringes the rights of third parties, breaches legal regulations or good morals (in particular defamatory, discriminatory, sexually explicit, violent, drug-related content or content infringing copyright);
- not attempt to bypass security, decompile the source code, automatically extract data (scraping), overload infrastructure with excessive requests or otherwise disrupt the operation of the Service;
- not impersonate another person or misuse other Users' personal data;
- not spam other Users with messages, invitations or commercial offers without the Provider's consent;
- not upload photos, videos or recordings of other people without their permission and not publish other people's personal data;
- not offer services in the App for which they lack the required authorisation, nor present themselves as a Trainer or venue they are not.
The User is responsible for the Content they submit to the App and shall compensate the Provider for harm caused to it by breaching Article 5.1 or 5.2, including reasonably incurred costs of handling justified claims of third parties.
5.2 The User grants the Provider a non-exclusive, royalty-free and worldwide licence to use the Content uploaded to the App, only to the extent and for the duration necessary to provide the Service (display to other Users according to privacy settings, backup, technical processing), with the right to sublicense to infrastructure providers. The licence to the relevant Content expires upon deletion of that Content or termination of the account; the Provider may retain it only in backups for a necessary period and is not obliged to remove copies made by other Users in accordance with privacy settings or copies that must be retained by law. An exception is a food or dish the User offers to the shared catalogue. A product with a barcode that the User saves in the Food diary is offered to the catalogue automatically unless the User switches the offer off for it; a food without a barcode only at the User's initiative. Only product data is taken into the catalogue (name, brand, barcode, nutritional values, portions, category and, where attached, a photo of the packaging), never who logged or ate the product and when. The Provider reviews an offered food before publication and may reject or correct it. The Provider may keep an approved food in the catalogue without naming the author even after the Content is deleted or the account is terminated, and may use it within the Service without limitation in time. The User is responsible for stating the values truthfully according to the product packaging. If the User attaches a photo of the product packaging to such a food, the User grants the Provider a non-exclusive, royalty-free licence to that photo, unlimited in territory and time, to display it to other Users with that food, to make the adjustments needed for display (cropping, resizing, removing metadata) and to keep it in the catalogue even after the Content is deleted or the account is terminated, with the right to sublicense to infrastructure providers. The User uploads only a photo they took themselves and makes sure it shows no people or personal data. A label photo taken only to read the nutritional values is not stored after reading, and no licence is granted to it.
5.3 Content moderation and account suspension — The Provider applies zero tolerance to Content that breaches Article 5.1 and to Users who harass, intimidate or otherwise abuse the Service. The Provider may remove, hide or restrict the visibility of Content that breaches Article 5.1, another provision of these Terms or the law, and in case of a serious or repeated breach temporarily suspend the account or terminate the contract (Article 14.2). It acts diligently, objectively and proportionately, based on its own findings, reports by Users (the "Report" feature) or notices under Article 16 of Regulation (EU) 2022/2065 on digital services sent to info@stelixholding.cz. Content is assessed by authorised staff of the Provider; they handle reports without undue delay, as a rule within 24 hours of receipt. A User may block another User (the "Block" feature); this ends their friendship and any client relationship, and the blocked User can no longer message them, become their client or send them invitations. Automated tools serve only to protect against spam and abuse (limits on the number of messages and invitations, protection against bots) and to reject vulgar and hateful expressions in names, profiles, descriptions and comments when they are entered; they do not decide on the removal of published Content. The Provider informs the affected User of the removal of Content, a restriction or a suspension of the account with a statement of reasons (Article 17 of the Regulation), unless it concerns obvious high-volume spam or the law prohibits it; an objection to the decision may be lodged within 6 months at info@stelixholding.cz and is assessed by a person other than the one who decided. In case of a reasonable suspicion of fraud or misuse of Credits, the QR code, a benefit card or another person's account, the Provider may suspend the account or part of it (payments, bookings, chat) for the time of the investigation, for no more than 30 days, and informs the User of it.
5.4 The User shall behave at venues in accordance with their house rules and the instructions of the staff. The service is provided by the Partner or Trainer under Article 4.8.
5.5 Exercise and fitness to train — Physical activity carries a risk of injury and health complications. The User takes part in workouts, trains according to plans from the App and uses venues on their own decision and in awareness of their state of health. Before starting or substantially changing their training, in particular in case of illness, injury, pregnancy, medication or after a longer period of inactivity, the User consults their fitness with a doctor. The User trains within their abilities, follows the instructions of the Trainer, the venue staff and the house rules, uses equipment for its intended purpose and informs the Trainer without undue delay of any health limitation that may affect the safety of the workout. The Provider does not conduct or supervise workouts and does not assess the User's fitness or the suitability of a workout for them; the Trainer, or the Partner providing the service (Article 4.8), is responsible for conducting the workout safely, for the condition and equipment of the venue, for supervision and for first aid. The User's rights against the person who caused them harm are not affected.
5.6 Ratings of classes and trainers — A class may be rated (1–5 stars, optionally with a comment) only by a User whose attendance at that class the App recorded, and only once; the author of the class cannot rate it. A comment is shown to others only if the User marks it as public. The Provider does not check, edit or select ratings in advance according to their tone; all ratings submitted count towards the average and are removed only for a breach of Article 5.1 or on the basis of a notice under Article 5.3. A trainer's overall rating (average, number and distribution) and public comments are shown to other Users only once the trainer meets the criteria of the reputation badge stated on their profile (a minimum number of ratings and an average over a set period) — until then none is shown; the trainer always sees their own ratings and the User sees the rating they gave. Ratings express the opinion of the User, not of the Provider.
6. Health Sync (Health Data)
6.1 The Health Sync feature is optional and requires the User's explicit consent granted in the App.
6.2 Synchronisation is performed from Apple HealthKit (iOS) or Google Health Connect (Android). The scope of data is limited to what the User has authorised at the system level.
6.3 The User may withdraw consent at any time in the App settings or at the operating system level. After withdrawal, the App will no longer synchronise health data and existing records may be deleted on request.
6.4 Further conditions for processing health data are set out in the Privacy Policy.
7. Credit System
7.1 Credits in the App are tied to a specific Partner or Trainer (closed-wallet principle). A Credit purchased from Partner A cannot be used at Partner B or with a Trainer, and vice versa. The App does not provide any universal or transferable wallet.
7.2 Credits cannot:
- be exchanged back into money (except for statutory refund cases under Art. 11);
- be transferred between Users (paying for a Member's services from a Shared wallet is governed by Article 7.12; the Credits do not change owner);
- be transferred between Partners or Trainers.
7.3 Credit usage: Credits are deducted upon (a) workout booking at a Partner's Venue, (b) entry to a Venue via QR check-in, (c) other services per the Partner's price list. Credits tied to a Trainer may be used solely for that Trainer's workouts, including their Own classes at a Managed Venue; they cannot be used for Venue entry or for the Partner's workouts. Where the Partner allows it, an Own class may also be paid for with Credits held with that Partner or with a benefit card the Partner accepts (Article 9.6); before booking, the App shows which Credit wallet will be charged. The price is always paid in full from a single Credit wallet.
7.4 Negative balance: A Partner, and for Credits tied to a Trainer that Trainer, may allow a negative balance up to a defined limit. A negative balance constitutes debt towards the Partner or the Trainer respectively that the User must settle upon the next top-up. A negative balance bears no interest or fees, and neither the Partner nor the Trainer collects it other than by setting it off against the next top-up, unless agreed otherwise with the User. For an Own class, a negative balance with the Trainer is used only when the class can be paid for neither with Credits held with the Trainer nor with Credits held with the Partner under Article 7.3; a negative balance with the Partner is used for an Own class only when not even the negative balance with the Trainer covers it. Late-cancellation penalties are always deducted, even where no negative balance is permitted. The same applies to the entry fee for a Venue entry that has already taken place, waived because of a private workout on the same day and charged afterwards because the User cancelled that workout themselves or came to it on another visit.
7.5 First-time exemption and free perks: A Partner may provide the first workout or entry free of charge. It may also give selected Users (in particular its employees, family members or ambassadors) and the Trainers of its venue free entry, classes or private sessions, in the number and for the period the Application allows; the Partner may end them at any time and they also end when the User leaves the venue. This is a decision of the Partner; the User has no enforceable right to it. Free perks and a free first workout do not apply to Own classes (Article 4.8).
7.6 Credit validity: Credits do not have implicit expiry unless the Partner specifies otherwise and informs the User in advance. By deleting the account the User loses the possibility to use Credits in the App; unused paid Credits are settled directly with the Partner or Trainer (Article 7.9), bonus Credits lapse (Article 7.10). The User checks the balances before deleting the account; the Provider is not responsible for their settlement.
7.7 Trainer Credits: A Trainer with an approved payment profile in the App may accept Credits tied to their person. The provisions of this Article apply to such Credits accordingly; they are used for the given Trainer's workouts and the contractual relationship regarding the workout is concluded between the User and the Trainer.
7.8 Refunds: Refunds for cancelled workouts or timely deregistrations are made in Credits — by crediting them back to the Credit wallet with the same Partner or Trainer they were spent from. This does not create an entitlement to a monetary refund; any return of funds (in particular for statutory reasons) is handled by the User directly with the Partner or Trainer as the payment recipient. The Provider does not hold Users' funds.
7.9 Partner or Trainer Ceasing Operations: Credits constitute the User's claim against the specific Partner or Trainer as the payment recipient, not against the Provider (Art. 7.8). If a Partner or Trainer terminates or suspends their activity or stops offering services in the App, unspent Credits held with them may no longer be usable; their settlement (spending down or a refund) is handled by the User directly with the Partner or Trainer concerned. In such a case the Provider will give the User reasonable assistance (in particular by disclosing the payment recipient's identification and contact details to the extent necessary to assert the claim), but is not liable for the Partner's or Trainer's obligations. Cancellation of a Partner's or Trainer's account in the App is conditional on settling their clients' unspent Credits.
7.10 Bonus Credits: Credits a Partner adds on top of the amount paid (in particular a top-up bonus, the so-called credit pass, a referral reward, a challenge reward, the transfer of an unused pass or other subscription bought from the Partner before it started using the App, or another Partner promotion) are a voluntary benefit from the Partner. They can be spent like any other Credits, but they cannot be exchanged for money and their refund cannot be claimed. For the purpose of any refund of unspent Credits (in particular under Articles 7.9, 11 and 14.3), each time the User spends Credits with a Partner, the User is deemed to use paid Credits first and bonus Credits only when the paid ones do not suffice; bonus Credits spent in this way are no longer taken into account, so Credits paid later are refunded in full. Where Credits are returned for a cancelled booking or a corrected payment, they are returned as bonus Credits only to the extent that booking or payment used bonus Credits. Only the part of the balance with the given Partner that does not consist of unspent bonus Credits is refunded.
7.11 Reversed payments: If the User disputes the payment used to buy Credits with the card issuer or bank (a chargeback), spending of the Credits from that payment may be suspended while the dispute is pending. If the payment is refunded or the dispute is decided in the cardholder's favour, the Credits from that payment, including any bonus added to it, are deducted from the Credit wallet, even below zero; Article 7.4 does not apply in that case. A negative balance arising this way is the User's debt towards the Partner or Trainer and is set off against the next top-up. Disputing without good reason a payment for Credits the User has already spent is a serious breach of these Terms (Article 14.2).
7.12 Shared wallet: A User (the Owner) may invite up to four other Users (Members) from among their friends or the Users of the same venue in the Application; the invited User becomes a Member by accepting the invitation. Only a person over 18 may be a Member. Each User may be the Owner or a Member of only one Shared wallet at a time. The following applies to a Shared wallet:
- (a) The Credits remain the Owner's Credits in the Owner's Credit wallet and nothing is transferred. A Member uses them solely to pay for the Member's own services — venue entry, workout booking and, if the Owner allows it, purchases at the front desk — and only with a Partner that allows the Shared wallet. Credits tied to a Trainer are not shared.
- (b) A Member's service is paid from the Member's own Credits if they cover the whole price. Otherwise the whole price is paid from the Owner's Credit wallet with the same Partner, provided it covers the price and any monthly limit the Owner set for the Member is not exceeded. A Member's payment never takes the Owner's Credit wallet below zero, except for the penalty under (c).
- (c) A booking paid with the Owner's Credits is refunded to the Owner's Credit wallet when cancelled or deregistered in time. The penalty for a late deregistration of such a booking is deducted from the Owner's Credit wallet, even below zero (Article 7.4); the Owner is responsible for paying it.
- (d) A Member also uses the Owner's bonus Credits, in the order set out in Article 7.10; any entitlement to a refund of money for unspent Credits always belongs to the Owner.
- (e) The Owner sees the Member's payments from the Owner's Credit wallet (date, place, service and amount). A Member sees with which Partner the Shared wallet pays for them, what is left of their monthly limit, and their own payments from it; the Application does not show them the Owner's balance.
- (f) A Member may leave the Shared wallet and the Owner may remove a Member at any time, with effect for further payments. After leaving or being removed, a Member may join another Shared wallet only after the period stated in the Application, and an Owner may accept only a limited number of new Members within a given period. Deleting the Owner's account ends the Shared wallet; Credits that would be refunded for Members' bookings after the Owner's account is deleted are settled in the same way as the Owner's other Credits (Article 7.6).
- (g) Each Member uses their own account and their own QR code (Articles 3.3 and 9.4). Using a Shared wallet to pass Credits on to third parties for payment or repeatedly is a serious breach of these Terms.
7.13 Nature of Credits: Credits are not electronic money or a payment instrument within the meaning of the Payment Services Act; they are a record of a prepaid service with a specific Partner or Trainer that can be used only with them. The Provider does not issue Credits, does not receive or hold payments and keeps the Credit wallet only as a record of the User's claim against the Payee (Article 7.9).
8. Workout Booking
8.1 Workout booking becomes binding at the moment of booking confirmation and Credit deduction (or by accepting an invitation from a Trainer). If an invited User comes to a private workout without having accepted the invitation in the App, the Trainer may confirm their attendance after the workout has started; the confirmation counts as acceptance of the invitation and the workout price is charged in Credits under Article 7 (including going negative only where the Venue or the Trainer allows it and at most up to the set limit, Article 7.4). If the User paid the entry fee in Credits for the Venue visit on which they came to the workout, the entry fee is refunded. A classic or circuit workout may also be booked for the User by the Trainer leading it or by the Partner. Such a booking does not bind the User and nothing is charged for it; the App informs the User of it and the User may decline it. It becomes binding only once the User comes to the workout and the reception or the Trainer confirms their attendance; only then is the workout price charged in Credits under Article 7. If the User does not come, the booking lapses free of charge and does not count as a no-show (Article 8.3). Booking an Own class makes the User a member of the Venue where it takes place (Article 2). A Trainer or Partner may make a workout invitation-only; such a workout is visible only to invited Users, can be booked only by accepting an invitation, and watching (Article 8.5) does not apply to it.
8.2 Cancellation:
- Timely cancellation — before the deadline indicated for the workout; Credits are refunded in full.
- Late cancellation — after the deadline; a penalty in Credits is deducted per workout configuration.
The deadline for timely cancellation and the amount of the penalty are set for the workout by the Partner or Trainer as the service provider; the penalty may not exceed the price of the workout. The deadline and the penalty are agreed between the Partner or Trainer and the User, and the App only records and accounts for them. The penalty is the User's debt towards the Partner or Trainer.
8.3 No-show — attendance at a workout is confirmed by a record of entry to the Venue (QR check-in) between 60 minutes before the start and 60 minutes after the end of the workout; for a workout at a trainer's spot or at a venue the App does not manage, also by confirming the location in the App or by the trainer scanning the User's QR code. If attendance is not confirmed, the User is automatically marked as absent ("no-show") after the workout ends and Credits are not refunded. Once the workout has started, the trainer may correct the attendance status. If the User was present at the workout but their attendance was not recorded, they may ask the trainer or the Venue for a correction within 7 days of the workout; the workout is then counted as completed for them.
8.4 Cancellation or rescheduling by the Trainer/Venue — on cancellation, Credits are refunded to the User automatically in full. If the workout is moved to a different date or time, the User may leave it without a penalty even after the deadline for timely cancellation, and Credits are refunded in full. If the User does not confirm the new date and does not attend the moved workout, this is not treated as a no-show and Credits are refunded in full. The App does not compensate for indirect damages (e.g. travel costs).
8.5 Watching a full workout — if a public workout is full, the User may start watching it and choose one of two modes:
- “Just let me know” — when a spot opens up, the App sends a notification. The notification does not guarantee the booking; the spot goes to whoever joins first.
- “Book me automatically” — by choosing this mode, the User instructs the App to book them into the workout on their behalf when a spot opens up. The booking is binding as under Art. 8.1: the workout price is charged in Credits under Art. 7 (including going negative where the Venue or the Trainer allows it), or, if the User chose it for a class that allows it, the User is booked paying with a MultiSport card. The App informs the User of the booking by e-mail and notification, including the price and the deadline for an in-time cancellation; Art. 8.2 applies to cancelling.
8.6 Freed spots are filled automatically in the order in which Users started watching; changing the mode does not change the order. Automatic booking takes place only until the end of the in-time cancellation period, and at the latest 2 hours before the workout starts; after that the App only notifies the watchers. If the User does not have enough Credits or the MultiSport card cannot be used, no booking is made, the watch switches to notifications and the App informs the User. The App does not book automatically into a workout that overlaps another workout the User is booked into. A freed spot may be taken by another User before the automatic booking; the App does not guarantee the spot. A User may hold at most 10 automatic watches at a time and may change or stop a watch at any time. A watch ends with the booking, when it is stopped, or once the workout has taken place.
9. Venue Entry (QR Check-in)
9.1 Venue entry is recorded via a QR code. Each User has a unique signed QR code generated by the App.
9.2 When the QR code is scanned, the App automatically:
- verifies the User's identity and current Credit balance;
- deducts the entry fee (
entry_fee_credits) unless an exemption applies (e.g. free first entry, prior workout booking); - records a visit (
venue_visit).
When the User comes to a workout (including an Own class), entry may be included in the workout's price or paid separately; whether it is included, and for what time before and after the workout, is set by the venue. A waived entry fee is charged afterwards only under Article 7.4.
9.3 Automatic exit: If the User does not check out, they are automatically signed out once the time the Venue has set for that type of visit has elapsed; where the Venue has not set it, this time is 2.5 hours from arrival for a plain entry, 1 hour after the end of a group class or circuit workout, 1.5 hours after the end of a private workout and, for a Trainer, 9 hours from arrival. Before automatic exit the User receives a warning notification.
9.4 The QR code is personal and must not be shared with third parties. Misuse may result in account blocking and liability for damages.
9.5 Benefit cards: The User may store in the App only their own benefit card (e.g. MultiSport) issued in their name. One card may be held by one account only; sharing a card between accounts is a breach of Article 3.3.
9.6 Accepting benefit cards (MultiSport and others) is a matter for the Partner and its contract with the card issuer; the Provider is not a participant in the benefit programme, does not issue cards, does not verify the entitlement to use them and is not responsible for whether the Partner accepts a card. The User complies with the card issuer's terms, in particular personal use of the card and showing an identity document on request; the consequences of a breach, including additional payment for the entry or class, are borne by the User towards the Partner and the card issuer.
9.7 Renting space — A Partner may rent space at its Venue (e.g. a studio or a court) to a User for a set time, and the User as the renter may invite other Users (participants) to it in the App. The rental contract is concluded between the renter and the Partner as the Payee (Article 4.8); the Partner sets the rent, how it is paid (in Credits or outside the App, Article 10.8), the cancellation terms and the rules for using the space. The renter and the participants have free entry to the Venue during the rental, because it is included in the rent. If the Partner cancels the rental, Article 8.4 applies accordingly. The renter is responsible to the Partner for keeping to the rental terms, and each participant for their own conduct and for any damage they cause.
10. Pricing and Payment Terms
10.1 Core App features for the user and trainer Roles may be provided free of charge, unless the Provider states otherwise. The current price list is available in the App.
10.2 Credit purchase: The User may top up the Credit Wallet at a specific Partner or Trainer in the following ways (availability depends on the payee's configuration):
- by payment card via the Stripe payment gateway — the payment goes directly to the Partner's/Trainer's account at the gateway and Credits are added automatically;
- by bank transfer (QR payment with a variable symbol) directly to the Partner's/Trainer's bank account — Credits are added once the payee confirms receipt;
- in cash with the Partner/Trainer — Credits are added manually by the staff.
The Provider neither receives nor holds Users' payments; money always goes directly to the Partner or Trainer. For intermediating card payments the Provider charges a commission borne by the Partner/Trainer; the price towards the User is not affected.
10.3 When purchasing Credits and using services, the contractual relationship is concluded between the User and the Partner or Trainer; the Provider acts as a technical intermediary. The tax document for the provided service is issued by the Partner/Trainer under Act No. 235/2004 Coll., on Value Added Tax.
10.4 B2B services for Partners and Trainers are subject to a separate price list, available in the "Partner/Trainer" section of the App. Invoicing is monthly with 14-day payment terms unless agreed otherwise.
10.5 All prices are inclusive of VAT unless explicitly stated otherwise.
10.6 In the event of late payment the Provider may charge statutory default interest and, after repeated notice, restrict access to the Service.
10.7 Card payment disputes: A card payment is received by the Partner or Trainer as the payee. If the payment is refunded or the cardholder disputes it with the card issuer (a chargeback), the Partner or Trainer bears the payment amount and any dispute fee charged by the payment gateway; the Provider's commission on such a payment is not returned. The Provider may recover these amounts by reversing the transfer on the Partner's or Trainer's payment gateway account, by set-off or by invoicing. If a dispute is decided in the payee's favour, the Provider returns the amount so recovered. At the Provider's request the Partner or Trainer provides evidence for the defence of the dispute (in particular records of Credit use and visits) within 7 days. In case of repeated disputes the Provider may suspend card payments for the payee.
10.8 Payments outside the App: Where a service states that it is paid at the venue or to the trainer, the payment takes place outside the App directly between the User and the Payee. The Provider does not take part in it, does not record it and is not responsible for issuing a receipt or refunding money, and no Credits are used or refunded for it.
11. Consumer Rights
11.1 This section applies only to Users who are consumers within the meaning of § 419 of the Czech Civil Code.
11.2 Withdrawal from the contract with the Provider: The consumer has the right to withdraw from the contract with the Provider on the use of the App without giving any reason within 14 days of registration, by notice to info@stelixholding.cz or by deleting the account (Article 14.1). Use of the App is free of charge for consumers unless the Provider states otherwise (Article 10.1); where it is free of charge, withdrawal gives rise to no claim for a refund of any amount against the Provider.
11.3 Credits and bookings: The purchase of Credits and the booking of a workout are contracts concluded with the Partner or Trainer (Article 4.8). The consumer may withdraw from a purchase of Credits within 14 days against that Partner or Trainer to the extent the Credits have not been used; for services used with the consumer's consent before the withdrawal, the Payee is entitled to a proportionate part of the price. A booking of a workout for a specified date cannot be withdrawn from (§ 1837(j) of the Civil Code — leisure services provided on a specified date); cancellation under Article 8.2 applies instead. The consumer may also send the notice of withdrawal to the Provider, who forwards it to the Payee without undue delay; money is refunded by the Payee.
11.4 Complaints: The consumer files complaints about the App (the Provider's digital service) with the Provider, who decides on them within 30 days. Complaints about a class, entry, coaching, goods from the front desk or another service of a Partner or Trainer are filed with them; the Provider assists the consumer (Article 7.9).
11.5 Out-of-court dispute resolution: The competent body for out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority (Štěpánská 567/15, 120 00 Prague 2, coi.cz), to which the consumer may turn.
11.6 Conformity of digital content: The Provider supplies the digital content and digital service in conformity with the contract pursuant to § 2389a et seq. of the Civil Code — in particular in the agreed scope, quality and design, fit for the usual purpose and supplied continuously for the duration of the obligation. If the digital content/service is defective, the consumer has rights from defective performance under § 2389k et seq. of the Civil Code (in particular the right to have the defect remedied, a reasonable discount, or to withdraw from the contract).
11.7 Updates: For the duration of the Service the Provider provides the updates necessary to keep the digital content in conformity with the contract, including security updates, and informs Users of them in the usual manner. If the User fails to install an available update within a reasonable time, the Provider is not liable for defects arising solely from the failure to install it.
12. Intellectual Property
12.1 All rights to the App, its components, design, source code, trademarks (in particular "fitliftly") and databases belong to the Provider or its licensors.
12.2 The User is granted a non-exclusive, non-transferable licence to use the App only to the extent necessary for using the Service. In particular, the User shall not:
- make copies of the source code or databases;
- perform reverse engineering or decompilation;
- use the App for the development of a competing product;
- remove or modify marks and copyright notices.
12.3 The User remains the owner of the Content uploaded to the App (photos, texts etc.) — see Art. 5.2 regarding the licence granted to the Provider.
12.4 Lesson names and third-party trademarks — Workout and lesson names are entered into the App by the Partner or Trainer as their own content. The Partner and the Trainer declare that they hold the necessary rights or licences to the designations they use in lesson names (in particular designations protected by trademark, such as the names of licensed exercise programmes). Lessons in the App are categorised by the Provider's generic categories. Alongside them, the Provider may keep a list of branded class names (licensed exercise programmes of third parties), solely so that the Partner can state which of them it runs at its venue and Users can find them. The Provider uses these names only as plain text referring to the Partner's offer, without logos or other graphic elements; they are trademarks of their respective owners and the Provider is not affiliated with them unless the App expressly states otherwise. By listing a branded class at its venue, the Partner declares that it holds a valid licence to run it and undertakes to remove it without undue delay once the licence ends. The Provider does not verify the existence of the licence.
12.5 Liability and indemnification — The Partner or Trainer who entered a lesson name is liable for any harm caused by infringing third-party rights through its use; the Partner who listed a branded class at its venue is liable for an untrue listing. The liable party undertakes to compensate the Provider for all damage, penalties, costs of proceedings and reasonably incurred legal costs arising in connection with such infringement. Upon receiving a credible notice of infringement, the Provider is entitled to hide or remove the affected name or branded class listing (notice-and-takedown under Regulation (EU) 2022/2065 on digital services); notices may be sent electronically pursuant to Art. 18.4.
12.6 Feedback and the fitliftly name — The Provider may use suggestions, comments and feedback on the App for its development without restriction and without compensation. The User may use the fitliftly name and logo only to link to their profile or offer in the App in the form the App provides (share links, widget).
13. Service Availability and Limitation of Liability
13.1 The Provider aims for the App to be available at least 98% of the time on an annual average, excluding scheduled maintenance, updates and circumstances beyond its control; this is a target, not a guaranteed value. A short interruption for maintenance, deployment of an update or a security intervention is part of the agreed manner of providing the Service and is not a defect.
13.2 Scheduled maintenance is announced to Users in advance (typically outside peak hours).
13.3 The Provider is responsible for its own performance, i.e. operating the App. It is not responsible for:
- (a) unavailability or malfunction caused on the User's side (connection, device, unsupported or outdated version — Article 4.9);
- (b) the services, conduct, content and information of Partners, Trainers and other Users (Article 4.8) — the App is a platform that intermediates them;
- (c) decisions the User makes based on statistics, Smart coach recommendations, health data, nutrition data or suggestions of artificial intelligence — these are indicative information, not medical, health or nutritional advice (Articles 4.4, 4.6, 4.7 and 4.12);
- (d) loss of data caused by unauthorised intrusion of a third party or failure of the User's device, unless it resulted from a breach of the Provider's obligations.
13.4 Towards a User who is a consumer, the Provider is liable for harm to the extent provided by law; Article 13.3 defines the content of the Provider's performance and does not limit the consumer's rights from defective performance or to compensation for harm. Towards a User who is not a consumer, Article 16.6 applies.
13.5 Force majeure — the Provider is not in default if performance is prevented by circumstances beyond its reasonable control (natural disasters, war, pandemic, failure of critical infrastructure providers, cyber attacks).
14. Termination
14.1 Termination by the User — the User may cancel their Account at any time in the "Privacy & Data" section. Cancellation is irreversible. The Account is deleted or anonymised in accordance with the Privacy Policy.
14.2 Termination by the Provider — the Provider may terminate the contract (block the Account) in case of:
- (a) material breach of these Terms by the User (in particular Art. 3, 5, 7, 9);
- (b) reasonable suspicion of fraudulent conduct;
- (c) payment delay exceeding 30 days;
- (d) termination of the Service operation (with at least 60 days' prior notice);
- (e) inactivity of the account for more than 24 months, after a notice sent at least 30 days in advance to the account's e-mail;
- (f) for another reason, by notice with a notice period of 30 days.
For suspension and termination towards Partners and Trainers, Article 16.7 applies.
14.3 Termination of the contract with the Provider gives rise to no claim against the Provider for a refund of Credits or other amounts. The User's claim against a Partner or Trainer for unused paid Credits (Article 7.9) is not affected and the User settles it directly with them; bonus Credits lapse (Article 7.10). If the Provider ends the operation of the Service, it will ask Partners and Trainers to settle their clients' balances and assist Users under Article 7.9.
14.4 Termination does not affect provisions that by their nature survive (in particular limitation of liability, protection of personal data and dispute resolution). The licence to Content under Art. 5.2 expires upon account termination, except for necessary backups and Content already shared with other Users.
14.5 Before deleting the account the User may download their data in the "Privacy & Data" section. If the Provider terminates the contract under Article 14.2(c) to (f), it provides the User, on a request sent within 30 days of termination, with an export of their data (Section 7 of the Privacy Policy).
15. Personal Data Protection
15.1 Processing of the User's personal data is governed by the Privacy Policy, available as a separate document at fitliftly.com/privacy (or in the App).
15.2 On registration the User confirms having read the Privacy Policy. Consent to the processing of personal data is required only for features for which the Privacy Policy says so (e.g. Health Sync, the Food diary, readiness in coaching and in own trainings, sharing own trainings with a Trainer), and it can be withdrawn at any time.
15.3 Users' personal data held by Partners and Trainers. Users' data that a Partner or Trainer obtains through the App (Section 5.2 of the Privacy Policy) may be processed only to provide their service to that User, to check the User in, to keep records of attendance and payments and to meet their legal obligations; they are responsible for this processing as a controller of personal data under the GDPR and inform the User about it in their own privacy notice. In particular, they may not use the data for marketing without their own legal basis, pass it to a third party (except their processors, e.g. an accounting software provider, their accountant and public authorities), export it from the App beyond accounting records, or keep it after the membership or the client relationship ends for longer than the law requires. They may record data about a User's health in the App only if the User tells them themselves and explicitly agrees, only to the extent necessary to run the training safely and only in the field intended for it, never in free-text notes. The Partner and the Trainer ensure that only staff who need the data have access to it, keep it confidential, handle a User's request under the GDPR or forward it to the Provider within 5 days, and report a security incident concerning this data to the Provider without undue delay, at the latest within 24 hours. The Provider keeps the notes and intake details a Trainer records about a User in the App on the Trainer's behalf as a processor under Art. 28 GDPR on the basis of this Section: it processes them only to show them to the Trainer and make them available to the User, protects them with the measures described in the Privacy Policy, deletes them when the User's or the Trainer's account is closed, when the Trainer deletes them or at the User's request, and engages no other processor for them than the infrastructure providers listed in the Privacy Policy. A breach of this Section is a serious breach of the Terms (Section 14.2).
16. Special Provisions for Partners and Trainers
16.1 Status and representations — A Partner or Trainer who offers services or accepts payments in the App represents that it acts in the course of its business and holds the public-law authorisations required for the services provided (in particular a trade licence for providing physical education and sports services where the law requires one), the professional qualifications and licences (Article 12.4), that it complies with hygiene, safety and fire regulations for operating a venue and that it is insured against liability for harm caused in providing its services to the extent customary in its field. It shall substantiate these representations within 7 days of the Provider's request. The Provider does not verify the representations and relies on them.
16.2 Obligations towards Users — Partners and Trainers provide their services on their own account and responsibility. In particular, they:
- (a) state true, complete and up-to-date information in the App about themselves, their services, prices (final, including VAT), capacity, opening hours, equipment and cancellation terms;
- (b) fulfil a trader's obligations towards Users under the Civil Code and the Consumer Protection Act — issue receipts, handle complaints, withdrawals and refunds for Credits (Articles 7.8 and 11.3) and inform Users of their terms;
- (c) are responsible for safety, supervision, first aid, house rules, hygiene and the condition of equipment in their services and for the professional standard of their classes (Article 5.5);
- (d) set cancellation deadlines and penalties reasonably and equally for all Users and do not demand any further payment outside the App for a service paid with Credits;
- (e) keep accounts and fulfil tax and contribution obligations from their income; the Provider does not pay taxes for them or issue their documents;
- (f) are responsible for the conduct of the persons to whom they gave access to managing the venue (branch managers, reception, desk accounts) and for their handling of Users' data (Article 15.3); they keep the list of these persons up to date and remove access no later than the day a person leaves them;
- (g) a Partner who approves a Trainer for its venue is responsible for the Trainer being allowed to conduct classes there; the mutual settlement between the Partner and the Trainer (fees, shares, venue rules) is their own matter, and the Provider does not enter into it or answer for it; the Partner may rent the Venue's space to the Trainer for Own classes, and the rent, which may include entry for the participants of the Own class (Article 9.2), or other settlement for them, including places paid with Credits held with the Partner or with a benefit card (Article 7.3), is likewise a matter between the Partner and the Trainer. The Partner may withdraw its consent to Own classes at any time and the Trainer may leave the venue; future Own classes are then cancelled and Users' Credits are refunded under Article 8.4;
- (h) do not use free perks (Article 7.5) or other features of the Application to circumvent the Provider's commission, in particular they do not provide services free of charge in the Application for which the User pays outside the Application (e.g. with a pass sold for cash). In the event of a breach, the Provider may charge the Partner or Trainer the commission it would have received from the usual price of the services so provided, cancel or restrict free perks and proceed under Article 16.7.
16.3 Payments, commission and set-off — Accepting card payments requires concluding a contract with the operator of the Stripe payment gateway (Stripe Connected Account Agreement) and passing its verification; the Provider is not responsible for the gateway's availability, terms or decisions. The Provider's commission on card payments is deducted automatically from each payment at the gateway under the price list; the commission on top-ups by bank transfer or in cash is invoiced (Article 10.4). The Partner and Trainer agree to this manner of payment. The Provider may set off its due claims against amounts owed to the Partner or Trainer from card payments and, in case of payment delay exceeding 14 days, suspend the acceptance of card payments or the creation of new workouts (Article 10.6).
16.4 Identification and tax reporting — Partners and Trainers provide the Provider with, and keep up to date, the identification data that the law requires from a platform operator, in particular the rules implementing Council Directive (EU) 2021/514 on reporting by platform operators (DAC7) — name, address, company ID, tax ID and, where applicable, date of birth and bank account number — and acknowledge that the Provider may be obliged to report their identification and the total consideration received through the App to the tax authority. Failure to provide the data even after two requests is a reason to suspend the acceptance of payments (Article 16.7).
16.5 Indemnity — The Partner and Trainer shall compensate the Provider for harm and reasonably incurred costs, including legal representation, fines and sanctions of public authorities, incurred by the Provider in connection with (a) their services and conduct towards Users, (b) their breach of these Terms or of the law, in particular tax, trade-licensing, consumer and data protection law (Article 15.3), (c) the untruthfulness of their representations under Article 16.1, (d) claims of benefit card issuers arising from their acceptance of the cards (Article 9.6) and (e) claims of third parties arising from designations and content they entered into the App (Article 12.5). The Provider notifies the Partner or Trainer of the claim without undue delay, allows them to comment on it and does not acknowledge or settle it without their consent, unless it concerns a decision of a public authority.
16.6 Limitation of liability towards traders — Towards Partners and Trainers the App is provided as is; the Provider does not guarantee uninterrupted availability or fitness for a particular purpose and is not liable for lost profit, loss of business opportunities, loss of data recoverable from backup or for indirect and consequential damage. The total compensation for all harmful events in one calendar year is limited to the amount of commissions and fees the Partner or Trainer paid to the Provider in the 12 months before the first of them. The limitation does not apply to harm caused intentionally or by gross negligence or to harm to natural rights of a person (§ 2898 of the Civil Code). The Partner or Trainer notifies the Provider of a claim for compensation without undue delay, at the latest within 12 months of learning of it.
16.7 Suspension and termination — The Provider may suspend or restrict a Partner's or Trainer's offer of services, acceptance of payments or account in case of a breach of these Terms, a reasonable suspicion of fraud, a threat to Users, repeated payment disputes (Article 10.7), failure to substantiate the representations under Articles 16.1 and 16.4 or payment delay; it informs them of the reasons by e-mail at the latest when the measure takes effect. The Provider may terminate the contract with a Partner or Trainer by notice with a statement of reasons delivered at least 30 days before it takes effect; without this period only where the law requires it, in case of a repeated breach of these Terms or for an urgent reason under Article 4(4) of Regulation (EU) 2019/1150. The Partner or Trainer may comment on the reasons at info@stelixholding.cz; if the Provider finds the measure unjustified, it lifts it without undue delay. Before deleting its account, the Partner or Trainer settles the unused Credits of its clients (Article 7.9).
16.8 Ranking in search — In the App venues are ranked by distance from the location or place the User chose and, without a chosen location, by the number of followers; trainers by the number of clients; workouts by their time and, when searching by text, first by match with the search term and, when a focus is chosen, first workouts with exercises listed. Beyond that, only filters the User chooses apply (city, type, equipment, branded classes, category). Invitation-only workouts (Article 8.1) are not shown in search. Reputation and verification badges show that criteria stated in the App are met and do not change the ranking. The Provider offers no venues or classes of its own and does not influence ranking for payment; should it introduce paid highlighting in the future, it will be clearly marked and will not change the order of the other results.
16.9 Access to data — Partners and Trainers have access in the App to data about their members, clients, bookings and payments to the extent of Section 5.2 of the Privacy Policy and to aggregate overviews of their venue; the Provider has access to all data of the Service for its operation, security and development (Section 3.15 of the Privacy Policy). After the contract ends, the Provider provides the Partner or Trainer, on a request sent within 30 days, with its accounting records (top-up statements, invoices); access to Users' personal data ends with the account (Article 15.3).
16.10 Promotion — For the duration of the contract, Partners and Trainers grant the Provider a non-exclusive right to use the name, logo, photos and description they entered into the App to show them in the App and in search and to promote the Service (e.g. announcements of new venues and classes), including in the mobile app, on the web and on the Provider's social media profiles.
16.11 Communication — Notwithstanding Article 18.4, a notice sent to a Partner or Trainer to the e-mail stated in the account is deemed delivered on the business day following its dispatch.
17. Changes to the Terms
17.1 The Provider may amend the Terms to a reasonable extent, in particular following changes in legislation or case law, the development of the App (new, changed or discontinued features), changes in the payment and commission terms of Partners and Trainers and changes in market or security conditions. Users are notified of changes via e-mail and/or notification in the App at least 15 days before the change takes effect.
17.2 If the User does not agree with a change, they have the right to terminate the contract by cancelling their Account before the change takes effect. Continued use of the Service after the effective date is deemed acceptance of the change.
17.3 The following may be made without prior notice, effective on publication:
- (a) minor technical adjustments and corrections of obvious errors that do not affect Users' rights;
- (b) changes the Provider is required to make by law or by a decision of a public authority;
- (c) changes necessary to address an imminent danger, in particular fraud, malicious code or a security incident;
- (d) changes that are not to the User's detriment — in particular a new feature whose use is voluntary, or a clarification of the text that does not change rights and obligations.
17.4 For Partners and Trainers using the App in the course of their business, the period under Art. 17.1 also applies to changes under Art. 17.3(d). A Partner or Trainer may waive it by a written statement or a clear affirmative action, in particular by publishing a new workout, product or offer in the App during that period (Art. 3(2) of Regulation (EU) 2019/1150). Where a change requires significant technical or commercial adjustments by Partners or Trainers, the Provider sets a longer period.
18. Final Provisions
18.1 Governing law — the relationships arising from these Terms are governed by the law of the Czech Republic, in particular the Civil Code. The competent courts are the courts of the Czech Republic. If the User is a consumer residing in another EU state, the choice of law and court does not affect the mandatory provisions of the law of that state or the consumer's right to bring proceedings before its courts.
18.2 Severability — should any provision of these Terms be found invalid or unenforceable, the remaining provisions are not affected. The invalid provision shall be replaced by one as close as possible to the original meaning.
18.3 Language — these Terms are primarily in the Czech language. In case of translation, the Czech version prevails.
18.4 Communication — communication between the parties is conducted electronically (e-mail, in-App notifications). Delivery is deemed to occur upon dispatch of the message to the User's last known contact.
18.5 Assignment — The Provider may assign its rights and obligations under the contract to a person controlled by the same person as the Provider or to an acquirer of the Service, provided the User's position is not made worse; it informs the User under Article 18.4. The User may not transfer the contract or the account (Article 3.3).
18.6 Effective date — these Terms come into effect on 21 October 2026.
Stelix holding s.r.o.Ke stadionu 1953, 272 01 Kladno, Czech Republic
Company ID (IČO): 01443909, VAT ID (DIČ): CZ01443909
