Terms and Conditions

BY ACCESSING OR USING THE WEBSITE AND PURCHASING COURSES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE OR PURCHASE ANY COURSES.

1. ACCEPTANCE OF TERMS

By registering for an account, purchasing courses, or using any services on this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and the Company.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website after changes are posted constitutes your acceptance of the modified Terms.

2. ELIGIBILITY

You must be at least 18 years old to purchase courses or use this Website. If you are under 18, you may only use this Website with the involvement and consent of a parent or legal guardian.

By using this Website, you represent and warrant that you have the legal capacity to enter into a binding contract and meet all eligibility requirements.

3. ACCOUNT REGISTRATION

To purchase and access courses, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept all responsibility for any activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You may not share your account credentials with others. You are solely responsible for all activity on your account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. COURSE PURCHASES AND PAYMENT TERMS

4.1 Payment Processing

All course purchases are processed securely through Stripe, our third-party payment processor. By making a purchase, you agree to Stripe's terms and conditions. Payment must be made in full at the time of purchase via credit card, debit card, or other accepted payment methods.

4.2 Pricing and Currency

All prices are displayed in the applicable currency and include applicable taxes unless otherwise stated. We reserve the right to change course prices at any time. Price changes will not affect purchases already completed.

4.3 Payment Confirmation

Upon successful payment, you will receive a confirmation email with details of your purchase. If you do not receive confirmation within 24 hours, please contact us at info@martinafaller.com.

5. COURSE ACCESS AND DELIVERY

5.1 Lifetime Access

All purchased courses include lifetime access to the course materials, subject to these Terms. "Lifetime access" means you will have access to the course content for as long as:

• The Company continues to operate the Website and offer courses
• Your account remains in good standing and complies with these Terms
• The course remains available on our platform

5.2 Course Content Updates

We reserve the right to update, modify, or improve course content at our discretion. You will have access to updated content at no additional charge. However, we are not obligated to maintain or update any specific course indefinitely.

5.3 Technical Requirements

You are responsible for ensuring you have the necessary equipment, internet connection, and technical capabilities to access course content. Minimum requirements include a modern web browser, stable internet connection, and device capable of streaming video content.

5.4 Course Availability

While we strive to provide continuous access, we do not guarantee uninterrupted availability of courses. The Website may be temporarily unavailable due to maintenance, updates, or technical issues.

6. REFUND POLICY

All course purchases are final. We do not offer refunds as a general policy.

In exceptional circumstances, refund requests may be considered on a case-by-case basis at the sole discretion of the Company. To request a refund consideration, you must:

• Contact us at info@martinafaller.com within 7 days of purchase
• Provide a detailed explanation of the circumstances warranting a refund
• Have accessed less than 25% of the course content

Refund requests will be reviewed individually, and approval is not guaranteed. Any approved refunds will be processed within 14 business days and returned to the original payment method. Upon refund approval, your access to the course will be immediately revoked.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Ownership

All content available through the Website and courses, including but not limited to videos, text, graphics, images, audio files, software, course materials, exercises, methodologies, and the FASPO method (collectively, the "Content"), is the exclusive property of Tělo v pohybu s.r.o. and Martina Fallerová, and is protected by Czech and international copyright, trademark, and intellectual property laws.

7.2 Limited License

Upon purchase of a course, you are granted a limited, non-exclusive, non-transferable, revocable license to access and view the course content solely for your personal, non-commercial use. This license does not grant you any ownership rights to the Content.

7.3 Prohibited Uses - STRICTLY PROHIBITED

You are STRICTLY PROHIBITED from engaging in any of the following activities:

• Copying, reproducing, downloading, or storing any course content
• Recording, capturing, or screen-capturing videos or audio from courses
• Sharing, distributing, or transmitting course content to any third party
• Selling, renting, leasing, sublicensing, or otherwise commercially exploiting any course content
• Publishing, posting, or uploading course materials to any website, social media platform, file-sharing service, or online platform
• Creating derivative works based on course content
• Modifying, translating, or altering any course materials
• Using course content for any commercial purpose whatsoever
• Teaching, training, or instructing others using our course materials
• Reverse engineering, decompiling, or disassembling any software or technology used to deliver courses
• Removing, altering, or obscuring any copyright, trademark, or proprietary notices

7.4 Account Sharing Prohibited

Sharing your account credentials or allowing others to access courses through your account is strictly prohibited. Each course purchase is for individual use only. If you wish for others to access courses, they must purchase their own individual license.

7.5 Enforcement and Penalties

Violation of these intellectual property restrictions constitutes a material breach of these Terms and may result in:

• Immediate termination of your account and access to all courses without refund
• Legal action seeking injunctive relief and monetary damages
• Criminal prosecution under applicable Czech and international copyright laws
• Liability for all legal fees, costs, and damages incurred by the Company

7.6 Reporting Violations

If you become aware of any unauthorized use, reproduction, or distribution of our course content, please report it immediately to info@martinafaller.com.

8. USER OBLIGATIONS AND CONDUCT

As a user of this Website and courses, you agree to:

• Use the Website and course content only for lawful purposes and in accordance with these Terms
• Not engage in any activity that interferes with or disrupts the Website or servers
• Not attempt to gain unauthorized access to any portion of the Website, other accounts, or systems
• Not use any automated means (bots, scrapers, crawlers) to access the Website
• Not upload or transmit viruses, malware, or any malicious code
• Not impersonate any person or entity or misrepresent your affiliation
• Not engage in any fraudulent, abusive, or harassing behavior
• Comply with all applicable local, national, and international laws and regulations

9. DISCLAIMER OF WARRANTIES

THE WEBSITE AND ALL COURSES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Website or courses will meet your specific requirements or expectations
• The Website will be uninterrupted, timely, secure, or error-free
• The results obtained from using courses will be accurate, reliable, or produce specific outcomes
• Any errors or defects in the Website or courses will be corrected

9.1 Health and Fitness Disclaimer

The courses and content provided are for educational and informational purposes only and are not intended as medical advice. You should consult with a healthcare professional before beginning any exercise program. By using our courses, you acknowledge that:

• You are participating in fitness activities at your own risk
• We are not responsible for any injuries, health issues, or adverse effects resulting from course participation
• You are physically capable of performing the exercises and have obtained medical clearance if necessary

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Website or courses
• Any conduct or content of any third party on the Website
• Any content obtained from the Website
• Unauthorized access, use, or alteration of your transmissions or content
• Personal injury or property damage resulting from course participation

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Tělo v pohybu s.r.o., its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any rights of another party, including intellectual property rights
• Your unauthorized use or distribution of course content
• Your breach of any applicable laws or regulations
• Your use of the Website or courses

12. TERMINATION

12.1 Termination by You

You may terminate your account at any time by contacting us at info@martinafaller.com. Account termination does not entitle you to a refund for any purchased courses.

12.2 Termination by Us

We reserve the right to suspend or terminate your account and access to courses immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of intellectual property rights
• Fraudulent, abusive, or illegal activity
• Sharing account credentials or course content
• Chargebacks or payment disputes

12.3 Effect of Termination

Upon termination, your right to access and use courses immediately ceases. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.

13. DISPUTE RESOLUTION

13.1 Informal Resolution

In the event of any dispute, claim, or controversy arising from or relating to these Terms or your use of the Website, you agree to first attempt to resolve the dispute informally by contacting us at info@martinafaller.com with a detailed description of the dispute.

We will make every effort to resolve the dispute within 30 days of receiving your notice. Most disputes can be resolved quickly and amicably through direct communication.

13.2 For EU Consumers

If you are a consumer located in the European Union and informal resolution is unsuccessful, you may use the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

14. GOVERNING LAW

These Terms shall be governed by and construed in accordance with applicable international consumer protection laws and, where required, the laws of the Czech Republic. This does not affect your statutory rights as a consumer in your country of residence.

For consumers in the United States, these Terms are governed by the laws of your state of residence to the extent required by applicable law.

15. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

16. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tělo v pohybu s.r.o. regarding the use of the Website and courses, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

17. NO WAIVER

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by our authorized representative.

18. ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms at our sole discretion without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

19. FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

20. CONTACT INFORMATION

If you have any questions about these Terms and Conditions, please contact us: