1.1

Who we are . mySASY a.s., Elonga, Mozolky 2569/54, 616 00 Brno, Czech Republic, IČ: 04786220, DIČ: CZ04786220 (hereinafter referred to as “mySASY” ) operates an interactive online platform (hereinafter referred to as “platform”) and mobile applications (hereinafter referred to as “ applications”) and together with the platform also “ mySASY products” ) to bring together and create new opportunities for people who have or want to develop a relationship with sport and health. In addition to services on and in connection with the platform, mySASY offers many applications, including the following:mySASY

mySASY training
myAGE.health          

1.2

Registration . A single registration is required to use the full range of mySASY products (see section 4 below). However, a certain part of the content (eg health information or HRV), including a general description of mySASY , is accessible for viewing without registration

13

Our objective . The goal of mySASY is to strengthen the attraction to an active lifestyle and make a positive contribution to human health.

1.4

Legal notice. Your health is very important to us. ALWAYS consult your doctor about your sports plans. mySASY does not replace a doctor or is responsible for your behavior. The content of mySASY products, whether provided by mySASY itself or by our partners or users, is not intended to supplement or replace information provided by physicians or pharmacies. By accepting these terms, you acknowledge that you are solely responsible for your health.

2.1

Validity. mySASY offers mySASY products based on these terms. The User acknowledges the validity of these terms and conditions and any arrangements contained therein by (i) using mySASY products, if available without registration, or (ii) registering if they require an account. These terms and conditions are valid in the currently valid version from August 10, 2021 until they are canceled.

2.2

Binding requirement. Registration as well as the use of the full range of mySASY products are only possible with the agreement of these conditions.

2.3

Range. These terms apply to all access points to mySASY products, including subdomains and mobile applications. In particular, the mySASY online offer will be available through mysasy.com and also myAGE.health.

3.1

Platform:      

3.1.1

Personal profile page including personal information;

3.1.2

News about mySASY in brief form;

3.1.3

Mobile health and fitness applications

3.1.4

Content, eg texts, images and videos related to sports, health and nutrition presented by mySASY and professional third parties (sports coaches, coaches ...);

3.1.5

Status reports;

3.1.6

A blog presenting the company's full health and fitness information, products and news; and

3.1.7

Other content, for example

About us: Brief description of mySASY;

Company offers: mySASY offers addressed to companies;

Advertising mySASY or third parties;

User support;

Privacy Policy and these General Terms and Conditions;

Press and Media Center;

Job opportunities; and

Legal information

3.2

Application:

3.2.1

Applications for Apple iPhones, Android phones and other smartphones and devices globally that can be used separately on the smartphone and in conjunction with the platform.

3.2.2

Subject to the user's consent, the relevant data is transferred from the smartphone to the platform and shared with other social networks (eg Facebook). See our Privacy Policy for more information.

3.2.3

The user hereby confirms his awareness that as a result of the transfer of data from the smartphone to the platform, the mobile service provider will incur certain costs borne by the user.

3.2.4

Mobile applications are only available to users of smartphones and other devices. Only the basic range of mobile application functions is provided free of charge.

3.2.5

Additional conditions apply by mobile service providers.

4.1

Free membership. For mySASY products, a one-time free registration is required, as well as the need to reach the minimum age for registration according to the relevant law (in most cases it is the age of 18). " Free Membership " (Basic) contains only the basic options and features in the applications available to users (" Free Features "). mySASY offers users three ways to register:

4.1.1

Registration form available on the platform;

4.1.2

Through one of the applications: For the purposes of registration, the user must provide the data required by the registration form, eg first name, surname, date of birth, in full and correctly, except for the data marked as optional. Registration is only possible for the user's civil name, so fictitious names or pseudonyms cannot be used; or

4.1.3

By taking over the registration data provided by the user on the social networks Facebook or Google by mySASY: Registration via Facebook Connect, Google Sign-In and AppleID requires the user to confirm selected data which the user has previously provided on Facebook or Google and which takes over the mySASY network. The user can then add or reduce this data in his profile on the platform; or

4.2

Premium membership

4.2.1

Premium membership mySASY for "premium members" (hereinafter referred to as " Premium membership ") with all options and functions is available as an option for a fee. With this premium membership, additional options and features (hereinafter referred to as " premium features ") that are not available to non-paying members will be unlocked. mySASY can offer applications with or without premium features for a specific application.

4.2.2

Premium membership is subject to the specific conditions for premium members set forth in Section 6. Unless otherwise provided in these General Terms and Conditions or Section 6. 6 stipulates otherwise, the other provisions of these general conditions also apply to premium members.

4.2.3

If you register as a premium member, you confirm that you meet the minimum age required for registration under the applicable law and that you are eligible to enter into contracts under the same law. If this statement is not true, mySASY will not be bound by the stated premium conditions in any way.

4.3

Minors. Only persons legally qualified to enter into contracts in their own name may register with mySASY.

4.4

Consequences of registration

4.4.1

By registering, the user confirms his information and full consent to the content of these conditions and the fact that all registration data is true, accurate, current and complete and that the user will keep all registration data up to date.

4.4.2

Each user registers with mySASY only once for the mySASYtraining product and once for the myAGE.health product and confirms with his registration that he has not yet registered with each of the products and deleted any previously activated user account.

4.4.3

After successful registration, the user (hereinafter referred to as the “ registered user ”) may log in to the platform, either (i) by entering his e-mail address and chosen password, or (ii) by logging in to the service Facebook Connect or Google Sign-In.

4.5

Rights of mySASY

4.5.1

mySASY reserves the right to reject the user without giving a reason. In this case, all transferred data will be deleted immediately.

4.5.2

If you provide any information that is false, inaccurate, out of date or incomplete, or if mySASY has reasonable grounds to suspect that such information is inaccurate, out of date or incomplete, mySASY will have the right to provide your account immediately and without notice. suspend or cancel and refuse any current and future use of the Premium Services (or any part thereof), and the Registered User will not be entitled to any refund of the amount paid so far.

4.5.3

in any case, mySASY reserves the right to contact you at any time and verify your registration details.

4.6

User identity. MySASY is not responsible for the true identity of the user, as personal identification via the Internet is only feasible to a limited extent.

5.1

Protection against fraud.

5.1.1

You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at info@mysasy.com of any unauthorized and fraudulent use of your account or if you suspect that your account is exposed to such risk.

5.1.2

mySASY will not refund any amounts paid to mySASY before you report unauthorized and fraudulent use of your account.

5.1.3

mySASY has the right to close or cancel the account of any registered user in case of any unauthorized or fraudulent use of the account.

5.2

Promotions and free offers. mySASY may organize promotions and make free offers subject to additional conditions or restrictions. Such special and other offers may not be transferred between users

5.3

Changes in applications. mySASY reserves the right to change options or features, including premium features in applications. mySASY usually changes applications for the better. Unless the changes have a negative material impact on your use of the application, mySASY will not refund amounts already paid, unless otherwise stated in section 9.

6.1

Subscription requirements. In order to use the mySASY premium services for premium members, you must (a) be a registered user and (b) pay a fixed price, including, where applicable, the applicable VAT rate and all other fees and charges associated with the premium services, by credit card through the App Store, Google Play (" App Stores ") or any other form of payment accepted by mySASY (" Subscription ").

6.2

Types and prices of subscription. mySASY offers different subscription periods, so you can choose the one that best suits your needs. Different types of subscriptions and valid prices can be viewed on the website or in the App Stores . All prices are subject to change at any time at mySASY's discretion. Any price changes will be announced on the platform or in the App Stores.

6.3

Payment

6.3.1

Payment is made in advance for each subscription period. In other words, you can choose the subscription period that best suits your needs of access to premium services. After you sign up for and pay for a subscription, the selected validity period will be linked to your account.

6.3.2

For the entire duration of the Premium Membership, payments are due immediately after invoicing. Payments can be made using a variety of online payment systems. If mySASY is unable to collect any fees from the account selected by the user due to a lack of funds in the account, the user bears all resulting costs, including bank fees due to any debit items and similar costs. mySASY can deliver invoices and payment reminders to the user by e-mail.

6.4

Automatic renewal. When your subscription expires, your credit card will automatically be charged the standard subscription price valid on the subscription date, which means that special offer prices do not apply in this case and your subscription will be renewed for the same period unless you cancel your subscription no later than the day before your current subscription expires. . Standard subscription prices are available on the platform and in App Stores.

6.5

Annulment. You can cancel mySASY Premium Services subscriptions for Premium Members at any time by entering a cancellation instruction on the Platform or through App Stores. If it is not in dept. 8 provided otherwise, mySASY does not refund the amounts paid so far.

6.6

Expiration. In accordance with Section 6.4, unless the User cancels his subscription, each subscription period ends only at the end of the agreed period and regardless of the actual use of the mySASY premium service for premium members during that period. Each user can check the length of the current subscription period by looking at the information about the given user account.

6.7

Contact. In case of any violation of the premium conditions in section 6 or with all questions and notifications, please contact us at info@mysasy.com

6.8

Validity of other rules. Unless otherwise provided in Section 6, the other provisions of these Terms and Conditions shall also apply to premium members.

7.1

Quitting applications. mySASY reserves the right to terminate one or more applications. All users will be notified when the application terminates. Following this announcement, premium members must be able to use the app for the duration of the current subscription period. Please note that there are two restrictions during this period:
1. It may not be possible to download the application to another device.
2. mySASY does not update the application during this period. This means that if your device's operating system is updated or if other relevant third-party technical services change during this period, you may not be able to continue using the application. mySASY is not responsible for this. If you have purchased a Premium membership through an application that terminates, your subscription will not automatically renew and will expire at the end of your current subscription. If you have purchased a Premium Membership through another application - which will not be terminated - automatic renewal will occur as described in Section 6.4. In addition to the two restrictions described above, you are entitled to a pro rata refund for your current Premium membership subscription only if mySASY cannot provide the ability to use the app until the current subscription expires. If this happens, you can contact mySASY (see section 6.7) for a refund.        

7.2

MySASY Termination Notice may provide termination notice as set forth in Section 7.1, either by email or through communication within mySASY Products.

8.1

In general. Each user has the right to terminate the use of mySASY products at any time through account settings. Termination will be confirmed to the user.

8.2

The right of mySASY to terminate. mySASY further reserves the right to terminate the user's membership for serious reasons, such as a gross breach of the user's obligations under the provisions of these general terms and conditions and ancillary contractual arrangements.

8.3

More information. In section 7.5. Please review our privacy policy for more information on deleting your account.

9.1

Validity of consumer protection laws. If you are a registered user and use the products for a purpose unrelated to your business or professional self-employed activity, the following provisions of the Czech Consumer Protection Act apply to you as a consumer:

9.2

Right of withdrawal. You can cancel the contract with mySASY at any time in writing, eg by letter or e-mail, without giving reasons within 14 days from the date of conclusion of this contract. You can cancel the contract by sending a notice to:        

mySASY as
Mozolky 2569/54616 00 Brno
Czech Republic
E-mail: info@mysasy.com

9.3

Consequences of cancellation. In the event of cancellation, one party must repay to the other any benefits it has received from it and must repay any economic benefits received. If you are unable to - in part or in full - return the services provided by mySASY, you will be obliged to compensate mySASY financially for the loss of value. This means that you are obliged to fulfill your payment obligations in proportion to the moment the termination of the contract takes effect. The obligation to reimburse costs must be met within 30 days. This period begins on the day you send the notice of termination and for us on the day we receive it.

You can exercise your right to cancel your contract under Section 9 using the following cancellation form:

(If you wish to cancel this agreement, please return the completed form below.)

Addressee: mySASY as, Mozolky 2569/54, 616 00 Brno, Czech Republic, e-mail info@mysasy.com

I (*) hereby declare that I withdraw (*) from my / our (*) contract for the sale of the following goods (*) / for the supply of the following service (*),ordered on (*), received on (*),Name of consumer (s),Address of the consumer (s),The email address of the consumer (s) used to log in to mySASY products,Signature of the consumer (s) (only if this form is in paper form)

Date___________

(*) Strike out what does not apply

10.1

Obligations of the user. Every user of mySASY products

10.1.1

must provide true data and keep their registration data up to date and complete and must not pass this data on to third parties;

10.1.2

may store, publish, transmit and distribute only such content, such as photographs, images, texts, statements or videos, to which the user is authorized to transmit, ie (i) if the user has the exclusive right to use the content; or (ii) in the event that the user is not the owner of the rights to the content he provides, provided that the user guarantees mySASY that all required rights, authorizations, permissions, etc. have been validly obtained. content subject to intellectual property rights, such as trade names and trademarks. The user is solely responsible for this content;

10.1.3

may not store, post, transmit or distribute any content that is racist, offensive, discriminatory, defamatory, sexual, violent or otherwise unlawful;

10.1.4

may not send chain letters or messages to more than one recipient in a single transmission, ie the user may not send bulk e-mails or spam;

10.1.5

may not interfere with the mySASY network, including mySASY products, using technical or electronic means such as hacking attempts, brute force attacks, virus / worm / Trojan virus infestation, and any other interfering attempts at mySASY software or hardware

10.1.6

may not copy, distribute, transmit or collect by technical means, such as crawlers and bots, any available data without the consent of the owner;

10.1.7

must promptly report by e-mail to info@mysasy.com any detected breach of the above obligations;

10.1.8

must pay close attention to personal data and allow access to personal data within its reach only to persons who are the owners of such personal data; and

10.1.9

must regularly store important personal data externally, ie. to external storage, hard drive, or a cloud service. mySASY is not responsible for any loss or damage to data.

11.1

Sanctions. In order to ensure the proper and reliable provision of mySASY products, mySASY applies the following sanctions in the event of a breach of the user's obligations:
‍
● warning;      
● content removal;      
● temporary deactivation of a user account; and    
● cancellation (irrevocable deactivation).      

The type of sanction depends on the purpose, impact and type of breach in terms of the interests of mySASY and the user.

11.2

Cancellation. If the user account is canceled in accordance with dept. 11, such a user will not be allowed to re-register.

12.1

In general. mySASY allows registered users to use the offered portfolio of mySASY products in accordance with the law and these general terms and conditions in order to upload, store, publish, distribute, transmit and share content with other users.

12.2

Tracking. The user agrees that as a result of the automatic evaluation of the way in which the user uses the platform, he may be the addressee of certain offers, or marketing messages tailored to the user. Please refer to our privacy policy regarding tracking for marketing purposes, especially sections 4.2 and 7.8.

12.3

Disclosure. mySASY has the right to store content and make this content available to third parties to the extent required by law or legally permissible and reasonably necessary to:

12.3.1

comply with laws or court or administrative orders;

12.3.2

ensure compliance with these conditions;

12.3.3

respond to claims made by third parties in connection with complaints of violations of the law; or

12.3.4

protect the rights, property or personal safety of mySASY, its users and the public.

12.4

Use of content. The user grants mySASY an irrevocable, free, non-exclusive and unlimited right to use all content created, transmitted, stored and published by the user. Likewise, mySASY has the right to use all content, regardless of the type of use, both as part of the platform and within the activities of mySASY or any company that is affiliated with mySASY. This includes the right to change and edit such content, provided that such changes and modifications do not affect the essential interests of the user. In this connection, the user waives to the extent legally permissible all intellectual property rights. If mySASY uses user-generated content outside of the mySASY product range, it will indicate to the extent practicable that the content was created by the user.

12.5

Ownership. mySASY does not claim ownership of any user-generated content and does not supervise such content in any way.

12.6

Removal. mySASY reserves the right to remove user-created content without giving a reason. In such a case, the user will be notified and, in the event of a breach of these conditions, may be sanctioned in accordance with Section 11.

12.7

Inaccurate content. mySASY is not responsible for inaccurate user-generated content.

See the separate privacy policy, which is available at myAGE.health/privacy-policy and forms an integral part of this agreement.

14.1

Limitation of liability. mySASY does not represent or warrant that

14.1.1

mySASY products will always be available or that the products and the necessary hardware and software will always be free of errors; and

14.1.2

data transmitted via other systems, in particular via the Internet and telecommunications networks, will not be monitored, recorded or distorted by third parties.

14.2

Own risk. The user uses mySASY products exclusively at his own risk. This applies without restriction to

14.2.1

related use of all hardware, including but not limited to (i) the applicable smartphone and (ii) the chest strap;

14.2.2

downloading the user's own content or third party content; and

14.2.3

any cases where the user uses data created or provided to mySASY, inter alia (i) measured heart rate data, or (ii) recommended measures, eg training plans, etc. The user expressly acknowledges that any such data may contain errors and mySASY does not accept any responsibility for the accuracy of this data to the extent permitted by law.

14.3

Medical advice. The use of any software or hardware offered by mySASY does not replace the user's consultation with a specialist.

14.4

External content. Furthermore, mySASY does not represent or warrant that external links, banners or other information and marketing offers will be available to users. All contractual arrangements concluded between the user and an external provider, eg through linked websites or banners, result in a contractual relationship exclusively between that user and the third party provider. mySASY makes no representations or warranties with respect to the products and services of external providers.

15.1

General. mySASY is liable in accordance with the currently applicable laws, regardless of the legal basis of such liability (pre-contractual, contractual, civil) only if mySASY itself causes specific damage intentionally or through gross negligence. In the event of slight negligence, mySASY is not liable to other business entities or to consumers for personal injury. mySASY is not liable to business entities for consequential damages, simple pecuniary damages, lost profits or damages resulting from third party claims.

15.2

Contents. Unless required by law, neither mySASY nor any of its affiliates is liable for damages resulting from the use of content made available through the use of the online platform or any other form of use of mySASY products. This also applies to damage resulting from errors, problems, viruses or data loss.

15.3

Download. mySASY accepts no responsibility for downloaded materials or materials obtained through the use of mySASY products. The registered user is solely responsible for any damage caused by these materials to the system of his computer or smartphone or for information that is lost as a result of determining materials from any of mySASY products.

15.4

Disputes. The registered user is solely responsible for all litigation proposals of any kind that arise from a dispute with other users. The Registered User acknowledges and acknowledges that under no circumstances will mySASY be liable for the acts and omissions of other users, including damages related to such acts or omissions.

16.1

Indemnification. The User must indemnify mySASY for any claims made by third parties for the infringement of their rights by the User in connection with the content uploaded to any of mySASY products by this User or as a result of any other use of applications available from mySASY by such User. The User shall bear the costs of all legal proceedings to which mySASY may become a party in connection with such claims, including all legal costs and attorneys' fees to the extent permitted by law, except where the User is not guilty of causing such a breach.

16.2

Support. If the claim is submitted by a third party, the user shall provide mySASY promptly, truthfully and in full with all information available to that user that may be necessary to verify and defend the claim in question. This is without prejudice to any additional claims that mySASY may be entitled to make to the user.

17.1

General. mySASY reserves the right to change these terms and conditions according to the circumstances for various reasons, including but not limited to commercial reasons, compliance with applicable laws and regulations, or customer service. The current valid version of these conditions is available at any time for viewing on the platform and also in the applications.

17.2

Changes. In the case of minor changes to these general terms and conditions (for example, if there is a change in the law, which means that we need to change these terms and conditions), we can simply publish the new terms and conditions on the platform and in applications. Please check these terms regularly to understand the current terms. In the event of any significant changes to these Terms and Conditions that will adversely affect you, mySASY will either receive your specific consent to the changes through communication in mySASY products or will notify you of any changes by email at least two weeks prior to the effective date. specified during registration (hereinafter referred to as “information on changes in conditions”). From the moment you receive the information about the change of conditions, you have two weeks to file an objection. Information on changes to the Terms will include (i) an updated version of the Terms; (ii) the effective date of the changes; (ii) a period of two weeks for objections; (iv) information on the consequences of waiving objections.

If you do not object to the changes, you are deemed to accept the updated Terms and Conditions.

In the event that you object to the changes, mySASY has the right to terminate the user agreement and delete the user account, taking into account your interests, if the continuation of the contractual relationship within the existing conditions for mySASY is impossible or unreasonable.

17.3

Written form. According to dept. 17.1 to 17.2, any changes to these general conditions must be made in writing. There are no secondary oral arrangements.      

18.1

Severability clause. In the event that some individual provisions of these terms and conditions are invalid or expired, all other provisions remain in full force and effect.

18.2

Applicable law and jurisdiction.

18.2.1

These terms and conditions and all contractual relations or litigation between users and mySASY are governed by Czech law, with the exception of conflict with the legal provisions of the UN Convention on International Contracts for the Sale of Goods. Paragraph 18.2.1. is not relevant for users who are consumers within the meaning of the Czech Consumer Protection Act.

18.2.2

The place of service and place of court with exclusive jurisdiction is Olomouc in the Czech Republic. Paragraph 18.2.2. is not relevant for users who are consumers within the meaning of the Czech Consumer Protection Act.