TERMS OF SERVICE

1. Introduction

The following General Terms and Conditions set out the legal framework for the use of the NEXT WORKOUT fitness app ("NEXT WORKOUT") and the services offered by us. Please read these General Terms and Conditions carefully.

Your access to and use of the NEXT WORKOUT app is conditioned upon your acceptance of and compliance with these General Terms and Conditions. Your acceptance of these General Terms and Conditions and the contract between you and Next.Digital 2023 s.r.o. is formed when you (i) create an account on NEXT WORKOUT, (ii) click to accept or agree to the General Terms and Conditions if such option is made available to you in the user interface of any service, or (iii) pay for the services, or (iv) use the application or any NEXT WORKOUT service.

2. Parties

These General Terms and Conditions are entered into between you, as the user of NEXT WORKOUT, and us, Next.Digital 2023 s.r.o., 099 80 083, with registered office at Na příkopě 859/22, Nové Město, 110 00 Prague 1, registered with the Municipal Court in Prague, Section C, Insert 345745 (hereinafter referred to as "Next.Digital" or "we" or "us" or "our"), the sole owner, data controller and operator of NEXT WORKOUT.

3. Application usage

NEXT WORKOUT and the content accessible through NEXT WORKOUT is for your personal and non-commercial use only and may not be shared with others. We grant you a limited, non-exclusive, non-transferable right to access the NEXT WORKOUT content for the duration of your membership. Except as set forth above, no rights, privileges or benefits are transferred to you.

NEXT WORKOUT and Next.Digital are protected by intellectual property rights and you are prohibited from using NEXT WORKOUT in any manner that would result in the infringement of the privacy rights, proprietary rights, intellectual property rights or any other rights of any person.

Next.Digital may add, change or remove features or functionality of NEXT WORKOUT, modify or impose storage or other restrictions at any time, based on legitimate reasons, which include: compliance with legal requirements, fulfillment of contractual obligations, enhancement of existing features, addition of features or functionality, addition of content, or removal of content.

4. User

Only people over 18 years of age can become NEXT WORKOUT users. Minors may use the NEXT WORKOUT app only under the supervision of an adult.

You acknowledge that you use NEXT WORKOUT at your own risk and responsibility.

In the event of any impairment of health or injury caused by or in connection with the use of NEXT WORKOUT, you, and in no event Next.Digital, shall be liable for such impairment or injury. You hereby acknowledge and agree that under no circumstances will Next.Digital, its employees, contributors, and content providers or contributors be liable to you or any third party for any damages whatsoever, whether tangible, intangible, direct, indirect, and including aggravation of health, personal injury or death.

In order to be able to use NEXT WORKOUT, it is necessary that your state of health allows you to exercise and your physical condition is adequate for the load. If you are aware of any medical limitation or condition, you should not use NEXT WORKOUT and we recommend that you seek medical advice or consultation.

The services and information offered by NEXT WORKOUT do not constitute medical advice, nor are they a substitute for a medical examination or treatment or medication prescribed by a physician.

If you are unsure of the correct way to perform exercises, consult a professional or do not perform them.

We can offer specific NEXT WORKOUT exercise programs for pregnant or postpartum users. If you are pregnant or postpartum, you should consult your physician before using specific NEXT WORKOUT programs for pregnant or postpartum users. You take into account all possible health risks and use NEXT WORKOUT at your own risk. In no event shall Next.Digital be held liable for any change or worsening of any health condition, complication or injury caused by or in connection with the use of NEXT WORKOUT.

NEXT WORKOUT is not intended for, and is not suitable for, pregnant or postpartum users, unless the specific exercise programs described above are specifically identified as being for pregnant or postpartum users.

We make no representations or warranties that the use of NEXT WORKOUT will produce the results intended by you.

5. Memberships and prices

We offer different types of membership for a fee according to our price list.

Your membership will automatically renew for the term you have chosen until you or we cancel it.

We reserve the right, at our sole discretion, to revise and update the applicable subscription fees (including the fees listed in the applicable app stores where you subscribe) and the various subscription types available at any time. Any such fee revision or update will apply to any subscription entered into after the effective date of the fee revision or update.

We may offer free trials of NEXT WORKOUT memberships for a limited time. You will need to provide us with your payment information to activate the trial period. By providing these details, you are initiating the trial period and agree that on the first day after the trial period ends, automatic billing of the agreed payment for the selected NEXT WORKOUT subscription may commence. If you do not agree to this billing, you must cancel your NEXT WORKOUT subscription before the end of the trial period.

6. Payment

You can pay for your subscription via credit card or your account in the relevant app store. The payment processor is a third-party provider such as Apple, Google Play, etc. By making a payment, you agree to provide the necessary payment information to these providers.

Payments are charged for the duration of your membership. Memberships renew automatically and payment is charged in advance at the start of the relevant renewal period.

The subscription price, as well as the currency in which the subscription is payable, will be specified during the order process and may vary depending on your country of residence.

In addition to the subscription fee charged to you, some banks and credit card issuers may charge a fee for foreign transactions that take place abroad or in a foreign currency. You are responsible for paying such fees.

7. Cancellation of membership

You can cancel your membership at any time and your access to NEXT WORKOUT will remain until the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused NEXT WORKOUT content.

Subscriptions can be cancelled using the settings in the relevant app store.

If no subscription payment is made for the next period, the membership is automatically cancelled the day after the last day of the paid period.

Next.Digital may, with or without notice, terminate or suspend your access to NEXT WORKOUT or discontinue the NEXT WORKOUT services or the NEXT WORKOUT application for any reason with immediate effect. Upon such termination or suspension without any fault on your part (e.g. breach of General Terms and Conditions) or for any reason on your part, you are entitled to a refund of the prorated amount of any unused subscription fees. We are under no obligation to disclose the reasons for termination or suspension of your account.

You hereby acknowledge that Next.Digital shall not be liable for any termination or suspension of NEXT WORKOUT regardless of the cause of the termination or suspension.

In accordance with consumer protection law, you expressly consent to the commencement of performance by us prior to the expiration of the withdrawal period and acknowledge that by giving your consent, your right to withdraw from the contract is extinguished.

8. Privacy policy

We process your personal data in accordance with our privacy policy. You can read the current version of this policy in the document "Personal Data Protection Policy".

9. Update

We undertake to ensure that you are provided with updates that are necessary to keep NEXT WORKOUT free from defects for the duration of the engagement and that you will be notified of their availability.

10. Commercial communication

By entering into the agreement, we obtain an electronic contact (e-mail address) from you for electronic mail for the purpose of sending you commercial communications in connection with activities and services similar to NEXT WORKOUT, to which you hereby agree. You may refuse this consent to such use of electronic contact by sending a refusal to the email address provided for this purpose: hello@nextworkout.app. We base the processing of personal data for the purpose of sending commercial communications on the legal title of legitimate interest pursuant to Article 6(1)(f) GDPR. In particular, we will process the e-mail address, telephone number, date of receipt of the electronic contact, date of refusal to use the electronic contact. Further information regarding the processing of personal data is available in the Personal Data Protection Policy.

The electronic contact referred to in the previous paragraph does not apply if you consent to receiving commercial communications. If you consent to receive commercial communications, you consent to us processing your personal data for the purpose of sending you commercial communications. We will process the personal data you provide to us in connection with subscribing to commercial communications. In particular, we will process your e-mail address, telephone number, the date you subscribe to commercial communications, the date you confirm your subscription to commercial communications and, where applicable, your confirmation IP address. If you unsubscribe from receiving commercial communications, we will record the date of such unsubscription. The legal basis for such processing is consent pursuant to Article 6(1)(a) GDPR. You can withdraw your consent at any time, in particular by sending a revocation to hello@nextworkout.app. In connection with the withdrawal of consent, we inform you that the withdrawal of consent does not affect the lawfulness of the processing of data up to the moment of its withdrawal, nor does it affect the processing of data for other legal reasons for which consent is not required. The consent given will be archived for as long as the consent is given and for a period of 5 years after its withdrawal, in order to prove that the processing of personal data was lawful on our part. The legal basis for such processing is legitimate interest according to Article 6(1)(f) GDPR.

11. Changes to General Terms and Conditions

These General Terms and Conditions may be changed at the sole discretion of Next.Digital. You will be notified of any changes in the General Terms and Conditions via e-mail or within the NEXT WORKOUT at least 14 days prior to the effect of such changes. If you do not agree with the proposed changes in the General Terms and Conditions, you are entitled to withdraw from the contract hereunder within 14 days of receiving notification of the changes to the General Terms and Conditions and to unsubscribe from the NEXT WORKOUT membership but no later than upon the effective date of the change in the General Terms and Conditions. If you continue to use the Services after the effective date of the updated General Terms and Conditions, you will be deemed to have accepted the revised General Terms and Conditions.

12. Severability

Should any individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.

13. Governing law and dispute resolution

These General Terms and Conditions shall be governed and construed in accordance with the laws of the Czech Republic, with the exclusion of conflict-of-law rules. All disputes between us and you arising out of or in connection with these General Terms and Conditions shall be settled primarily by mutual agreement and without undue delay. If the mutual agreement cannot be reached the dispute shall be resolved by the courts of Czech Republic.

Contact

Next.Digital 2023 s.r.o.
Na Příkopě 859/22
110 00 Prague
Czech Republic
www.nextworkout.app
hello@nextworkout.app

Effective from February 25th, 2024

2024, Next.Digital 2023 s.r.o.