Terms and conditions

1. Service

The Site and the Service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith (the "Fitnesky service" or "service") are offered under the terms and conditions stated in this document, called Terms of Use (these "Terms") together with the other agreements and documents referenced herein, including any future amendments to any of the foregoing (collectively, the "Agreement"). By using the Site and/or the Service, either as a Member User, a recipient of an e-mail from a registered user, or the user of Fitnesky ("you" or "your"), you agree to the Agreement. You agree the Agreement is a binding contract between you and Fusion Leads s. r. o. with its registered office in Športová 257/50, Hozelec 059 11, Slovakia (“Fusion Leads s. r. o.", “we”), the company that owns and operates the Fitnesky website (the "Site"). If you do not wish to be bound to these Terms, you should immediately stop using the Site and the Service.

2. The Agreement

No contract or agreement is formed and you have no rights to the Service, unless and until Fusion Leads s. r. o. has agreed to provide you the Service. Fusion Leads s. r. o. may amend or modify the Agreement at any time, without prior notice. The changes become effective immediately upon posting such amended or modified terms on the Site or if Fusion Leads s. r. o. otherwise notifies you of such amended or modified terms. If you continue using the Site and/or the Service after Fusion Leads s. r. o. so posts or provides such notice of such amendments or modifications, you have accepted the Agreement as amended or modified. If you do not accept and abide by such amended or modified Agreement, you should not use the Site or the Service. We may refuse any application to use the Services for any reason whatsoever.

3. License and Content

License

Fusion Leads s. r. o. is pleased to grant you a non-exclusive limited license to use the Fusion Leads s. r. o. Services, including accessing and viewing the Content on a downing-only basis through the site, for personal, non-commercial purposes as set forth in these Terms. We reserve the right in our sole and absolute discretion to make changes and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always be working in the future. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

The Content

You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Fusion Leads s. r. o. in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Fusion Leads s. r. o. in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Fusion Leads s. r. o.. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Fusion Leads s. r. o. in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

Availability

The availability of the Content will change from time to time, and from country to country. The quality of the display of the streaming materials may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Fusion Leads s. r. o. makes no representations or warranties about the quality of your instant watching experience on your display.

Geographic Limitation

You may instantly watch the Content through the Fusion Leads s. r. o. service only in geographic locations where we offer our service and have licensed the materials. The content that may be available to watch will vary by geographic location. Fusion Leads s. r. o. will use technologies to verify your geographic location.

4. Support service

To use the Services, any device that you want to use it on shall meet the minimum requirements of the Site, i.e.: connection to the internet, web browser, Java Script, shockwave, flash. During the term and for Member Users, the Service includes (a) a reasonable amount of assistance in the use of the Service and reasonable diagnosing and attempting to resolve problems with the use or delivery of the Service, and (b) updates and revisions to the Site and Services that Fusion Leads s. r. o. elects to provide to Member Users generally (collectively, the "Support Services"). Support Services are only provided during Fusion Leads s. r. o. regular business hours and exclude weekends and Fusion Leads s. r. o. holidays. Fusion Leads s. r. o. may condition the timing and delivery of Support Services in whatever method or manner it chooses, which may include communication via email. In order to take advantage of the Support Services, you may be required to purchase additional or different equipment or services from third parties. Fusion Leads s. r. o. has no obligation to provide any other assistance, support, maintenance, or other services or to perform any assistance by any other method, such as at your location. If Fusion Leads s. r. o., in its sole discretion, agrees to provide any additional services, such additional service shall be governed by these Terms.

5. Fees and Payment

If you have any questions related to charges, please email us at:support@fitnesky.com.By starting your Fitnesky membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the provider service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information).

You can use credit or debit card

Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. All the herein mentioned prices and charges shall be considered gross prices, and contain all the taxes, however they do not contain any commissions or charges you may incur in connection with the particular chosen Payment Method. If you choose to use the particular Payment Method, you declare acknowledge and consent to its terms and use, and you accept making payment in this manner. Provider, within the limits allowed by law, is not responsible for any inconveniences or damages caused by usage of the particular Payment Method, especially delays or impossibility to make payment. In such case you should complain about those services to their provider, in the manner provided by their terms and use. If the Payment was not accepted because of any reasons attributable to provider, please contact us via e-mail address:support@fitnesky.com.By the acceptance of hereby Terms of Use, you declare, that all the payments shall be made with the funds from a legitimate source. By the acceptance of hereby Terms of Use, you consent to pass your personal data (i.e.: name, surname, address, e-mail address and bank account number) to the provider of any Payment Method you chose, for the purpose of making the payment.

Internet Access Charges

You are responsible for any costs you incur to access the internet.

6. Cancelation

Term

User has the right to cancel the subscription at any time starting from the time the registration was made. If the user chooses to cancel the subscription during the trial period the account will be cancelled at no extra cost. If the user chooses to cancel the subscription after the regular billing have started, the subscription will be cancelled immediately and the account will run out at the end of the period that have been paid for.

To cancel your account, you may go to your account settings and choose cancel account. You may also email us at:support@fitnesky.com

Service Termination

Except as stated below, you agree that Fusion Leads s. r. o. may modify, suspend, discontinue, or otherwise terminate the Service or the Agreement, on a temporary or permanent basis, at any time, in whole or in part, for any reason or no reason, with or without notice, and without liability to you. For example and without limitation, Fusion Leads s. r. o. may terminate or suspend your access to the Service for lack of use; for failure to pay account fees within the period of time designated by Fusion Leads s. r. o.; for registering more than one account; for using multiple accounts; for maintenance of the Site or performance of Support Services; for failure to follow the rules posted on the Site or in these Terms; for actions outside these Terms; or for any other reason determined by Fusion Leads s. r. o.. Unless you have violated the terms and conditions of the Agreement, if you are a Paid User, a material modification that negatively impacts the Service or a suspension, discontinuance, or other termination of the Service or the Agreement will occur at the end of the current term of the Service. Notwithstanding the foregoing, Fusion Leads s. r. o. may make a material modification that negatively impacts the Service or suspend, discontinue, or otherwise terminate the Service or the Agreement at any time by refunding you the prorated portion of the fees you have paid for the current term of the Service through the end of that term. Continuation of the Service by a Paid User after any such material modification or suspension constitutes the Paid User's agreement to waive any claim for any refund of fees.

Other Remedies

In addition or as an alternative to termination, cancellation, or discontinuance of the Site and/or the Service, Fusion Leads s. r. o. may take whatever action it deems necessary or convenient, in its sole discretion, in the event of your breach of Agreement. Such actions may include, without limitation, suspending your access to the Site and/or the Service, blocking your IP address, or any other technical or legal means at Fusion Leads s. r. o.’s disposal.

Affect of Termination

Upon expiration, termination, cancellation, or discontinuance of the Site and/or the Service, your right to use the Site and/or Service will cease in the time stated above, and you will have no right to access your account or any files or other content contained in your account, although residual copies may be retained in Fusion Leads s. r. o. system. Fusion Leads s. r. o. may retain any such files or other content at its discretion. Any suspension, termination or cancellation will not affect your obligations to Fusion Leads s. r. o. under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

7. Your responsibilities

You agree to use the Fusion Leads s. r. o. Services for lawful, non-commercial, and appropriate purposes only. You agree to observe the 'Fusion Leads s. r. o. Services, Content and embedding restrictions detailed above, and further agree that you will not access the Site or use the 'Fusion Leads s. r. o. Services in a way that: Fusion Leads s. r. o.

  • violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights
  • uses technology or other means to access, index, frame or link to the Fusion Leads s. r. o. Services (including the Content) that is not authorized by Fusion Leads s. r. o. (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Fusion Leads s. r. o. Services)
  • involves accessing the Fusion Leads s. r. o. Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Fusion Leads s. r. o. Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content)
  • introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
  • damages, disables, overburdens, impairs, or gains unauthorized access to the Fusion Leads s. r. o. Services, including Fusion Leads s. r. o.'s servers, computer network, or user accounts
  • removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Fusion Leads s. r. o. Services (including the Content)
  • uses the Fusion Leads s. r. o. Services to advertise or promote services that are not expressly approved in advance in writing by Fusion Leads s. r. o.
  • collects personally identifiable information in violation of Fusion Leads s. r. o. Privacy Policy
  • encourages conduct that would constitute a criminal offence or give rise to civil liability
  • violates these Terms or any guidelines or policies posted by Fusion Leads s. r. o.
  • interferes with any other party's use and enjoyment of the Fusion Leads s. r. o. Services
  • attempts to do any of the foregoing

Accordingly, you undertake that:

  • you will stream and watch Content for personal, private use only (and not for any direct or indirect commercial purpose)
  • you will not, and will not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any Content
  • you will not, and will not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any security, encryption or other rights management technology or software that is part of any Content or part of the means by which we stream the Content to you
8.Suspension/Discontinuation

We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Fusion Leads s. r. o. Services (including the Content and the devices through which the Fusion Leads s. r. o. Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Fusion Leads s. r. o. may do so in Fusion Leads s. r. o.’s sole discretion. You also agree that Fusion Leads s. r. o. will not be liable to you for any modification, suspension, or discontinuance of the Fusion Leads s. r. o. Services, although Fusion Leads s. r. o. may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account). However, if Fusion Leads s. r. o. terminates your account or suspends or discontinues your access to Fusion Leads s. r. o. Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

9. Copyright

All Content are owned by Fusion Leads s. r. o. (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission. You acknowledge and agree that certain Content provided to you is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms against you.

10. Trade marks

Fusion Leads s. r. o., the Fusion Leads s. r. o. logo and all other Fusion Leads s. r. o. product or service marks are trade marks of Fusion Leads s. r. o.. All other trade marks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.

11. Force Majeure

Fusion Leads s. r. o. will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Fusion Leads s. r. o. infrastructure or connectivity to the internet or failure at an Fusion Leads s. r. o. co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Fusion Leads s. r. o. will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that Fusion Leads s. r. o. may reasonably require to recover from the effects of such Force Majeure Event.

12. Disclaimer of Warranties

You expressly understand and agree that your use of the site and/or the service is at your sole risk. Fusion Leads s. r. o. and its suppliers provide the service "as is" and without any warranty or condition of any kind, express, implied, statutory, or otherwise, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. Fusion Leads s. r. o. makes no warranty that the site or the service will: meet your requirements or be uninterrupted, timely, properly stored or delivered, accurate, secure, error-free, or free of viruses or other harmful components, and the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations. Any material transmitted or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the transmission of any such material.

13. General

Severability and Waiver

If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain icd cdn full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.

Governing Law

To the extent permitted by applicable law, the TOS shall be governed by Malta law. The parties shall seek to resolve all the disputes or conflicts which may arise out of or in connection with these TOS amicably. If you are located in the EEA, as a consumer you have the possibility to use the European Commission’s Online Dispute Resolution system available at: https://ec.europa.eu

Change Policy

The TOS may be updated from time to time for an important reason, e.g. in case we materially change the way we operate or in response to legislative changes. If we make material changes, we will provide advance notice to you either by email, by posting a notification upon logging in onto your account or by posting an updated TOS on the Website at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of Service following the effective date means that you agree with, and consent to be bound by, the updated TOS.

Miscellaneous

The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by the Company on Services, the TOS shall govern, unless otherwise indicated.

14. Subscription policy

Subscription

Fusion Leads s. r. o. is a paid, auto-renewing subscription service. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information.

Auto-Renewal

You are agreeing that upon expiration of the initial subscription period, your subscription will automatically renew for successive periods. We will process payment for any renewal subscriptions using the same billing cycle as your current subscription. Your Subscription will continue indefinitely until cancelled by you.

Pricing

All purchases on Fusion Leads s. r. o. website are subject to our Terms of Service. On the Fusion Leads s. r. o. website we offer monthly subscription plan. Different subscription plans may be offered depending on Your location or place of purchase. If you need more information, please contact our Support Team at support@fitnesky.com