Terms of Service

These terms and conditions (the “terms”) are commercial terms within the meaning of Section 1751 of Act No. 89/2012 Coll., the Civil Code, and govern the rights and obligations of the parties in providing and using the Cvikio web app (the “service”).

The terms form an integral part of the contract between the Provider and the Customer. Differing arrangements in the contract prevail over the terms.

The provider of the service is Daniel Hladík, Company ID 22493778, a self-employed person registered in the Czech Trade Register, contact email info@cvikio.cz (the “Provider”).

Supervision of trade business is exercised by the competent trade licensing office; consumer-protection supervision is exercised by the Czech Trade Inspection Authority.

The Customer (also the “Organization”) is a physiotherapy practice, a healthcare provider or another person who sets up an account and uses the service, typically in the course of their business.

A User is a member of the Organization's team with access to the admin. A Client is a person (patient) to whom the Organization gives access to an exercise program via a code or QR without logging in. A Program means a set of exercises prepared for a specific Client.

The Provider sets up the Organization's account based on an order. The contract is concluded by setting up the account or by the Provider confirming the order.

The contract is concluded in Czech and archived by the Provider in electronic form; it is not accessible to third parties.

The service is provided under a SaaS (software as a service) model – it is made available to the Customer over the internet for the term of the contract; no sale or permanent provision of software takes place.

The Provider grants the Customer a non-exclusive, non-transferable and time-limited licence to use the service for its own needs for the term of the contract.

The Provider makes the service available to the agreed extent and uses reasonable efforts to operate it properly and securely, including updates and technical support to the extent set out in the offer.

The Provider may temporarily limit or interrupt operation for maintenance, security or reasons on the part of third-party providers; it will announce planned downtime with reasonable notice.

The Customer and Users use the service in compliance with the law, these terms and the Provider's instructions, protect their access credentials and do not disclose them to unauthorized persons.

The Customer is responsible for all activity under its Users' accounts and for ensuring its Users have the necessary authorization to work with Client data. The Customer must not misuse the service, disrupt its operation or attempt unauthorized access.

Exercises, videos, photos, texts and other content uploaded to the service remain the property of the Customer or authorized persons. The Customer grants the Provider a licence to the extent necessary to operate the service and display the content to Clients.

The Customer is responsible for holding the necessary rights to the uploaded content and for it not being unlawful or infringing third-party rights. The Provider is not obliged to check the content but may remove clearly unlawful content.

Exercise programs are put together by the User (physiotherapist) or the Customer, who is responsible for their professional correctness. The service is only a technical tool for creating and delivering programs and does not replace healthcare, diagnosis or individual consultation.

The Provider is not liable for the content of the programs or for the consequences of exercising according to them.

With respect to Client data uploaded to the service by the Customer, the Customer is the controller and the Provider is the processor under Article 28 of Regulation (EU) 2016/679 (GDPR). Processing conditions are set out in the Privacy Policy, which is an integral part of the contractual relationship.

The price for using the service follows an individual offer based on team size and usage. Information on price, due dates and whether the Provider is a VAT payer is stated in the offer or invoice.

If the Customer is in default of payment, the Provider may limit or suspend access to the service.

The Provider strives for high availability but does not guarantee uninterrupted, error-free operation. The service is provided “as is”, to an extent corresponding to its nature.

The Provider is liable for damage to the extent set by law; unforeseeable damage and lost profit are not compensated and any compensation is limited to the amount paid for the service over the last 12 months. This does not affect rights that cannot be excluded or limited by law, in particular for harm caused intentionally or by gross negligence.

The parties keep confidential the other party's confidential information obtained in connection with the contract and do not disclose it to third parties without consent, except as required by law.

Unless agreed otherwise, the contract is concluded for an indefinite term; either party may terminate it and the notice period follows the individual offer.

The Provider may withdraw from the contract upon a material breach by the Customer, in particular misuse of the service or default of payment. After termination, the Provider allows data export for a reasonable period and may then delete the data.

The Customer reports defects of the service without undue delay to info@cvikio.cz. The Provider remedies a justified defect within a reasonable period.

The Provider may unilaterally amend the terms to a reasonable extent, in particular due to changes in law or the scope of the service. It will announce a change at least 14 days in advance. If the Customer disagrees with the change, it may terminate the contract for that reason.

The contract and relationships arising from it are governed by the laws of the Czech Republic; the courts of the Czech Republic have jurisdiction over disputes.

If the Customer is a consumer, they have the right to out-of-court settlement of a consumer dispute through the Czech Trade Inspection Authority (www.coi.cz).

If any provision of the terms is invalid or ineffective, the validity of the remaining provisions is not affected. This version is effective from the date stated above.