Terms of Service

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

Your access to and use of the NEXT WORKOUT app is conditioned upon your acceptance of andcompliance with these General Terms and Conditions. Your acceptance of these General Terms andConditions 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 andConditions 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.

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, NovéMěsto, 110 00 Prague 1, registered with the Municipal Court in Prague, Section C, Insert 345745(hereinafter referred toas "Next.Digital" or "we" or "us" or "our"), the soleowner, datacontroller and operator of NEXT WORKOUT.

NEXT WORKOUT and the content accessible through NEXT WORKOUT is for your personal andnon-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 ofyour membership. Except as set forth above, no rights, privileges or benefits are transferred toyou.

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

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

Only people over 18 years of age can become NEXT WORKOUT users. Minors may use the NEXT WORKOUTapp 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 ofNEXT 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 anydamages whatsoever, whether tangible, intangible, direct, indirect, and including aggravation ofhealth, personal injury or death.

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

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

If you are unsure of the correct way to perform exercises, consult a professional or do notperform them.

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

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

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

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 subscriptionfees (including the fees listed in the applicable app stores where you subscribe) and thevarious subscription types available at any time. Any such fee revision or update will apply toany 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 toprovide us with your payment information to activate the trial period. By providing thesedetails, you are initiating the trial period and agree that on the first day after the trialperiod ends, automatic billing of the agreed payment for the selected NEXT WORKOUT subscriptionmay commence. If you do not agree to this billing, you must cancel your NEXT WORKOUTsubscription before the end of the trial period.

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

Payments are charged for the duration of your membership. Memberships renew automatically andpayment 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 bespecified 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 maycharge a fee for foreign transactions that take place abroad or in a foreign currency. You areresponsible for paying such fees.

You can cancel your membership at any time and your access to NEXT WORKOUT will remain until theend of your billing period. Payments are non-refundable and we do not provide refunds or creditsfor 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 automaticallycancelled 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 ordiscontinue the NEXT WORKOUT services or the NEXT WORKOUT application for any reason withimmediate 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 arefund of the prorated amount of any unused subscription fees. We are under no obligation todisclose the reasons for termination or suspension of your account.

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

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

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

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

By entering into the agreement, we obtain an electronic contact (e-mail address) from you forelectronic mail for the purpose of sending you commercial communications in connection withactivities and services similar to NEXT WORKOUT, to which you hereby agree. You may refuse thisconsent to such use of electronic contact by sending a refusal to the email address provided forthis purpose: hello@nextworkout.app. We base the processing of personal data for the purpose ofsending commercial communications on the legal title of legitimate interest pursuant to Article6(1)(f) GDPR. In particular, we will process the e-mail address, telephone number, date ofreceipt of the electronic contact, date of refusal to use the electronic contact. Furtherinformation regarding the processing of personal data is available in the Personal DataProtection Policy.

The electronic contact referred to in the previous paragraph does not apply if you consent toreceiving commercial communications. If you consent to receive commercial communications, youconsent to us processing your personal data for the purpose of sending you commercialcommunications. We will process the personal data you provide to us in connection withsubscribing 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 yoursubscription to commercial communications and, where applicable, your confirmation IP address.If you unsubscribe from receiving commercial communications, we will record the date of suchunsubscription. 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 tohello@nextworkout.app. In connection with the withdrawal of consent, we inform you that thewithdrawal of consent does not affect the lawfulness of the processing of data up to the momentof its withdrawal, nor does it affect the processing of data for other legal reasons for whichconsent is not required. The consent given will be archived for as long as the consent is givenand for a period of 5 years after its withdrawal, in order to prove that the processing ofpersonal data was lawful on our part. The legal basis for such processing is legitimate interestaccording to Article 6(1)(f) GDPR.

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

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

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

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

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