General Terms and Conditions

Mgr. Svatopluk Býma
Registered Office: Oldřichova 254/15, 128 00 Prague, Czech Republic
E-mail:  info@gymforgolf.com
Phone: +420 606 268 019
ID Number (IČ): 03651878
Legal Form: Sole proprietor conducting business under the Trade Licensing Act
Date of Establishment: December 17, 2014

(hereinafter referred to as the "Provider")

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1. Introductory Provisions

These General Terms and Conditions (hereinafter referred to as the “GTC”) govern, in
accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter
referred to as the “Civil Code”), the mutual rights and obligations of the contractual parties
arising from or in connection with a contract concluded between the Provider and another
natural person (hereinafter referred to as the “Client”), through the Provider’s website at
www.gymforgolf.com (hereinafter referred to as the “Website”).

The subject of the contract is the provision of access to the Provider's digital content,
specifically the training plans (hereinafter referred to as the "Training Plans" or "Digital
Content"). The Provider holds the copyright to the training plans and is authorized to
provide the Client access to and use of the plans under the defined terms. These GTC are
an integral part of any such contract. Any specific terms agreed upon between the
Provider and the Client that conflict with these GTC shall take precedence over the GTC.

2. Information on Digital Content and Pricing

a) Training plans are designed for exercising at home or in a professionally equipped gym
and are accessible through the XPS mobile application. Each exercise includes a detailed
description provided on the Website.

b) The Website displays the current applicable price for all Digital Content. Prices remain
valid as long as they are displayed on the Website.
If a promotional price is offered, the promotions’ conditions and validity are always specified.

c) The presentation of Digital Content on the Website is for information purposes only. The
Provider is not obligated to conclude a contract for a specific training plan if unavailable or
other reasonable grounds exist.

3. Order and Conclusion of the Contract

a) The order process begins when the Client clicks on the "Buy" button for the selected
training plan on the Website. The Client then fills out the required order form. Before
submitting an order, the Client can review and modify the entered information. The order
becomes binding when the Client clicks “Order and Pay.”

b) The Provider considers the information provided by the Client in the order form to be
accurate. The validity of the order requires that all mandatory fields in the order form are
completed and that the Client confirms they have read these GTC and the Privacy Policy.

c) The Provider will confirm receipt of the order by sending an acknowledgement to the
email address listed in the order form. This confirmation does not constitute acceptance of
the order or the conclusion of a contract.

d) The contractual relationship between the Provider and the Client is established when
the Provider sends a final acceptance of the order to the Client's email address.

e) If a clear technical error occurs on the part of the Provider (e.g., an obvious pricing error
on the Website or during the ordering process), the Provider is not obligated to provide the
Digital Content at the incorrect price.
The Provider will promptly inform the Client about the issue and issue a corrected offer.
This corrected offer constitutes a new proposal, which the Client must confirm to finalize the contract.

f) The Client agrees to remote communication methods for contract conclusion, particularly
electronic communication.

g) Any costs incurred by the Client from using remote communication (e.g., internet or
phone costs) are borne by the Client and are not charged over regular rates by the
Provider.

h) Payment for the training plans is only possible via secure cashless transfer through the
Stripe payment gateway.

i) The Provider will issue the Client an electronic tax document (invoice) and send it to the email
address provided by the Client.

4. Delivery and Access to Digital Content

a) By submitting an order, the Client expressly agrees that the ordered training plan will be
delivered as soon as possible. Unless otherwise agreed, the Provider will grant access to
the training plan no later than 24 hours after the order is accepted and paid in full. If this
timeframe falls on a non-working day (weekends or bank holidays), the delivery timeframe
may be extended accordingly. By accepting these GTC, the Client agrees that their right to
withdraw from the Contract ceases upon the delivery of the Digital Content, as per Section
1837(l) of the Civil Code.

b) When ordering a training plan, the Client is purchasing access to Digital Content on the
XPS platform. A user account will be set up for the Client, and login details, along with
further instructions, will be sent to the email address provided during the ordering process.
The training plan will be delivered via access to the XPS platform, which is compatible with
iOS and Android devices. Internet access is required to use the application, and any
associated data fees are borne by the Client.

c) The Client will also have a user account available on the Provider’s Website
(www.gymforgolf.com), containing an overview of current and past orders.

d) After the training plan is made accessible, the Client should promptly verify its
functionality and notify the Provider of any issues to allow resolution.

e) Access to the training plans is limited to the period specified in the order. For extensions
or renewals, the Client must contact the Provider via info@gymforgolf.com.

5. Rights from Defective Performance and Withdrawal

a) Due to the nature of Digital Content, the Client acknowledges that they can withdraw
from the contract only until their order is accepted by the Provider. To withdraw within this
timeframe, the Client must email the following statement to info@gymforgolf.com:
“I, [full name], residing at [address], born on [birthdate], hereby withdraw from the contract
for the provision of the Digital Content [name of training plan].” The statement must include
the current date and the Client's signature.

b) The Provider guarantees that the Digital Content is free of defects at the time of delivery
and that it complies with the Contract. Compliance includes consistency with the
description on the Website and delivery within the agreed timeframe.

c) If the Digital Content contains defects, the Client has the right to request free
rectification. If rectification is not possible, the Client is entitled to an appropriate discount
on the price.

d) The Client must report visible defects without undue delay and hidden defects promptly
upon their discovery. Digital Content defects can be claimed within six months from the
delivery date by contacting info@gymforgolf.com. The Provider will resolve all submitted
claims within 30 days of receipt.

e) Failing to meet expected physiological outcomes does not constitute a defect in the Digital Content.
Digital Content.

6. Intellectual Property Rights

a) The Client acquires the right to use the training plans solely for personal use through
the XPS application during the ordered timeframe. Without explicit written consent from the
Provider, the Client may not copy, share, publish, or in any way distribute the plans to third
parties.

b) The Provider retains all intellectual property rights related to the content on the Website,
including photos, videos, trademarks, and other works. Unauthorized use, modification, or
copying is strictly prohibited.

c) The Provider is not liable for damages caused by unauthorized use or third-party
interference on the Website.

7. Delivery of Correspondence

a) Both parties agree that all correspondence will be exchanged electronically via email.

b) The Client will send correspondence to the Provider at the email address specified in
the GTC. The Provider will send correspondence to the email address provided by the
Client during the order process.

8. Disclaimer

a) The Client is fully responsible for their health and performs any training plan entirely at
their own risk.

b) The Provider is not liable for any injury, health complications, or property damage
resulting from the use of training plans or other Digital Content.

c) Before starting a training plan, the Client is encouraged to consider their physical and
psychological capabilities or consult a physician.

9. Final Provisions

a) All legal relationships between the Provider and the Client are governed by the laws of
the Czech Republic.

b) Disputes can be resolved out of court through the Czech Trade Inspection Authority.

c) The GTC may be updated, and updated versions will not apply retroactively.

These GTC are issued in Czech and take effect on February 1, 2025.