Last updated: May 7, 2019
Netcom Interactive, s. r. o. is a company incorporated and registered in the Slovak Republic. We fully comply with the local laws with its relevant credentials and registration details provided in Section 16.6. herein (“Company”, “WunderBody”, “us”, “we”). We may operate as an interactive online website (“Website”) and/or mobile application (“App”, “Application”) that collectively are the WunderBody Platform. Our vision is: “We want to support any person anywhere in the world in order to release his/her full potential, physically as well as mentally, and to become the strongest version of one’s self”. Our products and services offer the necessary preconditions for this specific purpose. WunderBody’s aim is to connect people and to allow them to become more active and health conscious. We promote and encourage people to be fit and healthy, with a strong mental willpower and self-confidence. Our focus is on effectiveness and motivation. From day one we work hand in hand with our Users through their journey; we support them and offer them the best experience there is. What makes WunderBody unique, is its strong and motivating User community, as members support and encourage each other on a daily basis. We welcome everybody who wants to join our community to get in better shape and benefit from all advantages WunderBody offers towards this goal.
The following T&C’s set out the legal framework for using WunderBody and the services that we offer. Please take your time and read through the T&C’s carefully.
BY USING THE WUNDERBODY PLATFORM, YOU AGREE TO BE LEGALLY BOUND BY THESE T&C’S. IN CASE YOU DO NOT AGREE WITH ONE OR MORE PROVISIONS OF THESE T&C’S, PLEASE DO NOT USE THE PLATFORM AS YOU ARE AUTHORIZED TO USE THE PLATFORM ONLY IF YOU DO AGREE TO THESE T&C’S.
At WunderBody, we use a gender-sensitive language in our general communication. However, when it comes to official wording and legal terminology, it is unfortunately not always possible. We
3.1. Parties to the Contract and Subject Matter of the Contract. These T&C’s are the basis of the contract between the User (“You”) and the Company. The subject matter of this contract is the use (free of charge as well as for a fee), of the services we offer under the name WunderBody via our Platform, other WunderBody websites and apps or via our software applications (“Platform”, “Services”). If you want to use the Platform on a mobile app, please check our Platform to see if our mobile app is compatible to the operating system of your device. WunderBody may offer its Users the features of Platform and additional information in several languages.
3.2. Terms and Conditions for Participating. If you want to open a User account and use the Platform, you must be 16 years or older and have full legal capacity. Our Platform is intended exclusively for consumers, who are legally defined as “every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation”. The use of our Platform for commercial purposes of any kind is explicitly prohibited. Only persons who are legally capable to enter into agreements on their own behalf are permitted to register with WunderBody.
3.3. Additional Terms and Conditions. We reserve the right to agree to additional terms and conditions and we will notify you of this in good time prior to use.
3.4. Platform Description. Platform may offer, but is not obliged to, the following features to its Users:
3.4.1. A personal User page containing personal details
3.4.2. A sports diary, including a clear overview of sports activities
3.4.3. Statistics, analysis and comparisons concerning your sports activities
3.4.4. Training plans and records, as added by Users. This will respectively be administered and presented by WunderBody
3.4.5. Routes added by Users will be administered and presented by WunderBody
3.4.6. Short news articles about WunderBody
3.4.7. Additional apps
3.4.8. Content, e.g. texts, pictures and videos regarding sports, health and nutrition, which is presented by WunderBody and other professional third parties (sports coaches, trainers, etc.)
3.4.9. Status messages
3.4.10. A blog containing information about the Platform, products and news regarding health and fitness
3.4.11. Additional content, such as:
4. USER OBLIGATIONS AND CONDUCT
4.1. User Obligations. Users of the WunderBody products must:
4.2. Breach of User Obligations & Sanctions. To ensure the proper and reliable provision of WunderBody Products, WunderBody imposes the following sanctions upon breach obligations by a User:
The type of sanction shall depend on the purpose, impact, and type of the breach in light of WunderBody’s and the User’s interests.
4.3. License to use
4.4. License to use services. The Company shall own all titles, ownership rights, and intellectual property rights in and to the Services, as well as any copies or portions thereof. Subject to your compliance with the T&C’s, the Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform and to download, install and use a copy of the App on a single mobile device or computer that you own or control. You have the right to use and to run such copy of the App solely for your own personal or internal business purposes. With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Terms of Service of the Apple App Store. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Android app stores (“App Store”). You acknowledge that the T&C’s are between you and the Company, and not with the App Store or owner thereof. The Company, not the App Store or owner thereof, is therefore solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). Should the Application fail to conform to any applicable warranty, you should notify the owner of the App Store immediately. He/she may refund your Application purchase to the maximum extent permitted by applicable law. The owner of the App Store will have no other warranty obligation whatsoever with respect to the Application. As between Company and the owner of the App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company. In order to use the Application, you agree to pay all applicable fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You also agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Services, including the Application. You acknowledge that the App Store or owner thereof (and its subsidiaries) are third-party beneficiaries of the T&C’s and will have the right to enforce them.
4.5. Restrictions on use of services. Your granted use of the Services and the related licenses granted are conditioned upon you forbear any of the following in connection with using the Services:
Should any of our Users prosecute any of the above, including the infringement of intellectual property rights and Services security issues, we have the right to investigate and prosecute it to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate our T&C’s. You acknowledge that the Company has no obligation to monitor your access to or use of the Services or to review or edit any Content. However, we have the right to do so for the purpose of operating the Services, to ensure your compliance with the T&C’s, or to comply with applicable law or the order/requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, in our sole discretion, consider to be in violation of our T&C’s or otherwise harmful to the Services.
5. SERVICES AND PRICES
5.1. Services Free of Charge or for a Fee. The scope of the services included in the Platform and available for our Users depends on the type of Platform they use. It also depends on whether Users use the Platform free of charge or for a fee. When using it free of charge, Users will only have access to certain basic functions and information of the respective Platform. A more extensive range of functions is available to Users who enable the respective content modules (such as a training routine) separately in return for a one-off payment or as part of a subscription for the respective Platform.
In order to use the Platform to its full extent, certain equipment and training tools may be required. These are not part of the Platform and need to be obtained/purchased by you separately/at your own costs.
Foods suggested as part of the nutrition coaching are not part of the Platform and need to be obtained/purchased by you separately/at your own cost.
If you purchase a subscription through Apple iTunes Store or our iPhone application, the sale is final, and you will not be able to get a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not have a refund option. If you purchase a subscription through Google Play Store, the sale is final and you will not get a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not have refund options.
5.2. Prices. Please consult the Platform of the relevant App store for information on the respective current pricing and subscription models as well as the services they include. All prices stated include VAT (
6. YOUR HEALTH
6.1. Terms and Conditions With Regard to Your Health. The use of the Platform is at your own risk. In any case, a condition for the use of the Platform is that you must be in a good general state of health. If you are aware of any pre-existing medical conditions we advise you to immediately consult a doctor before you start the Platform (such as
When it comes to Platform-related nutrition, please note that you are responsible for verifying that the foods, recipes and nutrients recommended as part of any possible coaching or guide do not contain any ingredients to which you may be allergic or which may cause food intolerance.
In addition, female athletes should note that pregnant women, and breastfeeding mothers, should not follow our training and coaching sessions.
The following general rules apply: listen to your body. Consult your doctor before you start using the Platform for the first time, or even while using WunderBody Platform, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness).
6.2. No Substitute for Medical Advice. The services and information offered by WunderBody and the Platform do not constitute medical advice or a doctor’s advice. Nor are they a substitute for a medical examination or treatment by a doctor
6.3. Training & Dietary Methods. Fitness and/or nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science. Although we base our
7. USER ACCOUNT
You can also open a User account by using your Facebook account. This registration process is a little more completed. Once you have entered your Facebook account details, click the “Confirm” (or similar) button and then confirm your email address as per the process described above.
If an email address you have provided during the registration process is not confirmed within the set period of time, we may temporary block or permanently delete your account.
7.2. Contract. The way a contract is formed depends on how you register for WunderBody Platform for the first time and whether you sign up for additional fee-based services.
7.3. Registration. When registering on our Website (if such
7.4. Conclusion of a Contract for One-Off Additional Services for a Fee or for Subscriptions. Additional individual services are available to Users either by paying a one-off fee or as part of a subscription. If you purchase any additional service via the Website (if such option is provided to you) the contract is activated when you click on the “Buy now” or any similar button, and successfully enter your data requested by us. If you purchase additional services via the App, the contract is formed when you click on the “Buy now” or any similar button, as part of an in-app purchase and, where necessary,
7.5. Correction of Input Errors. If you would like to purchase a one-off additional service (if any) or a subscription for the access to Platform, you can interrupt the process at any time and correct any errors until you have successfully entered your payment details. Please contact us immediately if you would like to change any input errors. If you would like to purchase a one-off additional service (if any) or a subscription only via our mobile app as part of an in-app purchase, we will not ask you for any further billing or payment details, because you will purchase the service via your current account with your app-store supplier. Please contact the relevant app-store supplier, if you would like to change any input errors done via the mobile app.
7.6. Premium Membership. WunderBody premium service for premium Users (“Premium Membership”), with all options and features, is also available against payment of a specific price. Specific terms & conditions for a Premium Membership may be set forth separately and apply accordingly to the Premium Membership, unless, otherwise specified in these T&C’s. All other provisions of these T&C’s also apply to the Premium Membership mutatis mutandis. When registering as a premium member you claim that you are older than 16 years and that you are legally authorized to enter into agreements according to applicable law. If the aforementioned representation is not true, WunderBody is not bound by these premium conditions.
8.1. User Contract. The User contract concluded between you and
8.2. One-Off Additional Services. If the Platform provides
8.3. Subscriptions. Our subscriptions are offered with varying minimum terms of validity and are automatically renewed for the same minimum term that has been selected until either of the parties cancel. To avoid any misunderstanding, please note that the term of a subscription is determined by calendar and is independent
9.1. Collection of Fees: (i) All fees are collected when the contract is concluded for purchases of additional services through the payment of a one-off sum (if applicable); and/or (ii) the fee is collected for the relevant minimum term when the contract is concluded for the purchase of a subscription; and/or (iii) if the subscription is renewed automatically, the fee is collected in advance at the start of the relevant renewal period.
Different terms and conditions apply if the fee is collected via iTunes. In this case the fee will be collected 24 hours before the start of the respective billing period.
9.2. Payment Default. We reserve the right to assert further claims for late payments.
9.3. Payment Methods. If you purchase WunderBody services for a fee via in-app purchases, the respective app-store supplier will bill you. Please consult the specific supplier to find out what payment methods they have available. Should you purchase WunderBody services for a fee via our Website, you can find an overview of the payment methods we accept on our website. If we incur costs and/or expenses because a payment is declined due to your fault (e.g. due to insufficient funds in the account or the credit card limit has already been exhausted), we are entitled to bill you for the actual costs and/or expenses incurred. Where there is a legitimate reason, we reserve the right for each purchase to refrain from offering certain payment methods and to specify alternative payment methods.
10.1. Statutory Provisions. Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.
10.2. Limitation. WunderBody does not claim or warrant that (i) the WunderBody Platform will be available at all times, or that they and the necessary hardware and software will be completely free from errors; and (ii) the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
10.3. Own Risk. The User uses the WunderBody Platform exclusively at their own risk. This applies, without limitation, to (a) the related use of any hardware, including, but not limited to, (i) the respective smartphone, e.g., in the course of using the feature “measuring pulse”, by pressing the photo light for a prolonged period, the User’s finger may heat up, (ii) chest straps, and (iii) smartphone dongles; and (b) downloading of the User’s own and
10.4. Medical Advice. The use of any software or hardware offered by WunderBody is not a substitute for the consultation by the User of a specialized doctor.
10.5. External Content. Additionally, WunderBody does not make any representations or warranties with respect to external links, banners or other information or marketing offers that may be made accessible to the User. Any contractual arrangements entered into between the User and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such User and the third party provider only. WunderBody does not make any representations or warranties with respect to products or services of any third party providers.
10.6. DISCLAIMER OF GUARANTEES. WE DO NOT MAKE ANY REPRESENTATIONS OR GUARANTEES THAT THE USE OF OUR PLATFORM WILL BRING THE TRAINING OR ANY OTHER RESULTS INTENDED BY YOU. WE THEREFORE DO NOT PROMISE ANY CONCRETE SUCCESS. IN ADDITION, THE ACTUAL TRAINING RESULT WILL DEPEND ON FACTORS, WHICH CANNOT BE INFLUENCED, SUCH AS, FOR EXAMPLE, PHYSICAL DISPOSITION AND PRECONDITIONS. CONSEQUENTLY, RESULTS MAY VARY STRONGLY BETWEEN INDIVIDUALS DESPITE THE SAME USE OF THE PLATFORM.
11.1. General. Insofar as you are provided with guides or instructions in connection with the Platform, it is imperative that you follow them. By not doing so you risk being injured or you may damage your general health. When using equipment or training tools, it is your responsibility to ensure that such equipment and tools are in good working condition and installed and/or set up properly. You need to observe and respect our health safety notices in these T&C’s.
11.2. Liability for Services Provided Free of Charge. For services provided free of charge, we will be liable, regardless of the legal basis, exclusively for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for wilful misconduct. In the event of gross negligence or the absence of a guaranteed feature, our liability is limited to reasonable, foreseeable damage. Our liability will otherwise be excluded.
11.3. Liability for Services Provided for a Fee. In the case of services provided for a fee we have, regardless of the legal basis, unlimited liability in principle for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature. If we breach a material contractual obligation as a result of slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfil the purpose of the contract, and on the fulfilment of which the consumer can rely on or ought to be able to rely on. Our liability in the event of any injury to life, limb or health that is our fault remains unaffected by the above-mentioned limitations. Otherwise, our liability is excluded to the highest possible extent permitted by the applicable law.
11.4. Liability of Our Employees. To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.
11.5. Product Liability. Claims under the applicable product liability acts (if there are any under the applicable law) remain unaffected by the above-mentioned liability exclusions or limitations.
11.6. Rights of Using the WunderBody Content. Our services, depending on which services have been enabled for you, or which services you have purchased, contain content that is protected by copyright for which we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. To avoid confusion, please take note of the fact that distributing our content or making it publicly available, e.g. on websites other than WunderBody websites, is not permitted. The right of use will lapse when your access to the respective service is no longer enabled (e.g. after you have cancelled your subscription) or when your User contract ends.
11.7. Fraud Protection. It is your responsibility to protect your account from unauthorized and fraudulent use. Please notify us immediately by email at email@example.com, if you suspect any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk. WunderBody will not refund any amounts paid by you to WunderBody before you report an unauthorized or fraudulent use of your account. WunderBody has the right to close or cancel the account of any Platform User in the event of any unauthorized or fraudulent use of the account.
12. RESPONSIBILITY FOR USER-GENERATED CONTENT
12.1. DISCLAIMER OF RESPONSIBILITY FOR THIRD PARTY CONTENT. YOU ARE SOLELY RESPONSIBLE FOR CONTENT THAT YOU POST WITHIN THE PLATFORM. WE ACCEPT NO RESPONSIBILITY FOR THIS CONTENT, NOR DO WE MONITOR IT. YOU ARE PROHIBITED FROM ADVERTISING COMMERCIAL WEBSITES OR OTHER PRODUCTS THROUGH YOUR USER ACCOUNT.
12.2. Compliance With Statutory Provisions. When supplying your own content you are obliged to comply with all the applicable laws and other legislation of the Slovak Republic. Regardless of whether this constitutes a criminal act, it is generally prohibited to provide any pornographic, sexual, violent, racist, instigating, discriminatory, explicit, insulting and/or libellous content. In addition, you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example: copyrights and trademark rights). In particular, you must also hold the necessary rights over your profile picture and any other picture your choose to post. We are hereby authorized to delete or remove any illegal content or content that conflicts with the previously stated guidelines, at any time and without forewarning. If you infringe the above-mentioned principles, we are entitled to either give you a warning or to temporarily block your User account or to cancel the User contract for good cause in accordance with these T&C’s.
12.3. Indemnification. If you infringe the principles mentioned in these T&C’s on purpose or it is your fault (i.e. because you acted either negligently or with intent), you are obliged to indemnify us against any third-party claims arising from such infringement. This indemnity also includes the costs of a suitable defence. You are obligated to provide assistance in clarifying the disputed situation. We reserve the right to assert claims for damages or any other claims.
13.1. User Contract. You have the right to cancel your User account at any time, without stating any reasons, thereby also ending your User contract. All you have to do is to select the necessary settings in your profile. Please note that, after you have cancelled your User account, we will or may delete all the content and training results you added, and you will no longer have access to any content that you have purchased. If at the time of deleting your account you still have a current subscription or have booked an additional service that has not yet expired, any sum that you have already paid will not be refunded, not even on a pro rata basis. We are entitled to cancel the User contract without stating any reasons by giving two (2) weeks written notice, but no earlier than at the end of the minimum contractual term or at the end of the respective renewal period of your subscription and/or at the end of the term of any additional service for which you have paid a one-off fee (if such option is provided). We can terminate the contract with you immediately without
13.2. Subscription. Every subscription for a different Platform must be cancelled individually. This can be done by cancelling the respective subscription without stating any reasons at any time effective at the end of the minimum contractual term or at the end of the respective renewal period. You can cancel any subscriptions purchased for our Platform via Apple iPhone App by following the instructions available here https://support.apple.com/en-us/HT202039. It is the responsibility of you, the User, to stay updated with changes within the Apple iPhone App Store. Subscriptions purchased via in-app purchase must be cancelled using the settings in the respective app store. If your subscription fee is collected via iTunes, contrary to the provisions above a notice period of 24 hours before the end of the minimum contractual term or before the end of the respective renewal period applies for technical reasons. Your User account and any other subscriptions will continue to exist after you have cancelled your subscription. We are entitled to cancel your subscription with effect from the end of the minimum contractual term or with effect from the end of the respective renewal period by giving you two (2) weeks’ written notice. Due to technical reasons, you may also continue benefiting from Premium Membership even after cancellation of your subscription. This
13.3. Cancellation for Good Cause. The right to cancel for good cause remains unaffected in the case of either party. In particular, we may be entitled to cancel your User contract or your subscription with immediate effect, and to cancel your User account, if you seriously or repeatedly breach the provisions of the User contract and/or these T&C’s, or if you are in arrears with your payment obligations.
13.5. PRIVACY CONSENT. I HEREBY AGREE THAT, UPON BEGINNING MY
NOTE: IF YOU DO NOT WANT TO IDENTIFY YOURSELF WITH THE EXERCISES, POSTS, PHOTOS, RESULTS OR ANY OTHER DATA POSTED ON YOUR FEED AND AVAILABLE FOR ALL WUNDERBODY COMMUNITY, YOU SHALL USE PSEUDONYM(S) REGISTERING WITH THE PLATFORM. YOU SHALL ALSO NOT POST AND UPLOAD ANY PHOTOS OR ANY OTHER MATERIALS AND INFORMATION TO THE PLATFORM THAT YOU DO NOT WANT TO SHARE WITH THE WUNDERBODY COMMUNITY. WUNDERBODY MAY, BUT IS NOT OBLIGED TO, PROVIDE YOU WITH AN OPTION TO SET ALL YOUR PHOTOS, EXERCISES, RESULTS AND OTHER DATA TO A PRIVATE MODE, WHICH ONLY YOU WILL BE AVAILABLE TO REVIEW.
13.6. Online Dispute Resolution. The EU Commission provides a platform for extrajudicial dispute arbitration. This gives consumers the opportunity to settle disputes associated with their online order out of court. The dispute resolution platform can be found here: http://ec.europa.eu/consumers/odr/ Consumer information: Non-participation in dispute resolution proceedings. We are neither prepared nor required to participate in dispute settlement proceedings before a consumer arbitration board. Our email address can be found on our company info page.
14. CHANGES TO THE T&C’s
We hereby reserve the right to modify and adjust the general terms of conditions with future effect, if this is required by the legal, regulatory, or technical environment, as long as these changes are reasonable and take your interests into consideration. We will advise you of the changes by email no later than two (2) weeks before the new version of the T&C’s is scheduled to become valid. If you do not object to the validity of the new T&C’s within such period and continue to use the WunderBody Platform, then the new T&C’s will be considered to have been accepted. In the event that you do object, we expressly reserve our rights of ordinary cancellation. We will also advise you again separately of your right to object, the deadline to do so and the legal consequences of your objection or failure to do so.
15. FINAL PROVISIONS
15.1. Applicable Law. The relationship between the parties is governed exclusively by the Slovak Republic law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.
15.2. Place of Jurisdiction. If you do not have a place of general jurisdiction in the Slovak Republic or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these T&C’s have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.
15.3. Information About the Company
Netcom Interactive, s. r. o.
83000 Bratislava 3
Registered in the Commercial Register help at Bratislava District Court I under number: 45339881
VAT number: SK2022995909
15.4. Language of the Contract. The main language of the contract is English in spite of possible translations being made.
15.5. Severability Clause. Should any individual provisions of these T&C’s be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.
15.6. Option to Save and Review the Contract Language. These T&C’s may be reviewed by you at https://wunderbody.com/terms-of-use/. If you would like to save a permanent copy of these T&C’s on a data carrier, you can download them as a “PDF” file free of charge. Please consult your web browser’s help section if you need help saving the file. To open a “PDF” file you may need special software such as the free Acrobat Reader program or a similar software program that handles “PDF” files. You can review any further contractual information and data in your User account. Alternatively, you may also print or store the order confirmation, which you will receive after making a purchase.