Terms of use

1. Introductory Clauses

1.1. Athlete Software Solutions d.o.o. Beograd-Stari Grad is Serbian based company (“Service Provider”) that operates a Complementary Training website (“Website”) and offers different products and services via the Website (collectively referred to as “Services” and individually as “Service”).

1.2. These Terms of Use (“Terms”) are governing the use of the Services and the agreement that operates between you as a user of Services (“User”) and the Service Provider. These Terms and Conditions set out the rights and obligations of all Users regarding the use of the Services.

1.3. By accessing or using the Services, the User agrees to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If the User does not agree with these Terms in their entirety, they may not use the Services.

1.4. The Service Provider reserves the right to change these Terms at any time, effective upon the posting of the modified Terms. In case of modification of these Terms, the Service Provider will make every effort to notify the User via email that is provided by User. If the User does not agree with the changes, they can cancel the Services without further obligation, except for the amount due for the balance of the billing period in which the User cancels the Services (if the User’s billing period is monthly, the Service Provider will prorate User’s account to the nearest month-end after cancellation).

1.5. By accepting these Terms, the User is notified and User agrees that the Website may be automatically updated from time to time by the Service Provider. These updates are designed to improve, enhance and further develop the Website and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.

1.6. It is User’s obligation to ensure that they have read, understood and agreed to the most recent Terms available on the Website and Service Provider will not be held responsible for any damages caused by the fact that User has failed to comply with this clause.

1.7. If the User has any other questions about the Terms, they can email Service Provider via email office@athletess.com

2. Types of Services and general obligations

2.1. There are different types of Services available for purchase via the Website. These include:

2.2. Different types of rules, rights and obligations may be applicable depending on the exact type of the Service, as is regulated in these Terms.

2.3. By executing of the payment fee for any of the Services, the User represents and warrants that they meet the following: (i) the User has the necessary rights and authority to enter into and perform the obligations required of User under this Agreement; and (ii) the User’s use of the Service will comply with all and any applicable laws and regulations.

2.4. No User shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of the Services or their parts, whether modified or not, to any third party. User agrees not to use any of the Services in a way which might be detrimental to Service Provider or damage Service Provider’s reputation.

2.5. Service Provider takes no responsibility whatsoever for the suitability of the Services or fitness for any particular purpose and provides no warranties as to the function or use of the Services, whether express or implied.

2.6. Service Provider is not under any obligation to provide maintenance or support for any Services or their content.

3. Registration and User’s account

3.1. In order to gain access to CTC and the Courses, the User must have registered account.

3.2. User will create their account at the Website, by entering unique username and password that must be entered each time a User logs to their account. The User will ensure that all usernames and passwords required for access are kept secure and confidential. User will immediately notify the Service Provider of any unauthorized use of User’s passwords or any other breach of security and in that case Service Provider will reset User’s password. User’s unauthorized entry or use, hardware or software failure, and other factors may compromise the security of User information at any time.

3.3. When User registers, they agree to: (i) provide accurate, current and complete information as may be prompted by any registration forms, (ii) accept all risks of unauthorized access to the registration data and any other information User provides.

3.4. User is responsible for all activity on their account, and for all charges incurred using account.

4. Membership in the Complementary Training Community

Access to CTC

4.1. On execution of the payment of the appropriate subscription fee and the registration of the member’s account on the Website, the Service Provider will provide the User with access to the Complementary Training Community, for the period of the initial subscription term, annual or monthly.

Fees and refunds

4.2. User acknowledges that all subscription fees for the access to the Complementary Training Community are described in the subscription plans available at the Website.

4.3. The Service Provider, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period. The Service Provider will provide the User with reasonable prior notice of any change in subscription fees to give the User an opportunity to terminate their subscription before such change becomes effective. User’s continued use of the Service after the subscription fee change comes into effect constitutes User’s agreement to pay the modified subscription fee amount. The User can at any time upgrade their subscription plan (e.g. from Standard to Premium), but no downgrade is possible during the active subscription term.

4.4 Except when required by law, paid subscription fees are non-refundable. Exceptionally, certain refund requests for subscriptions may be considered by the Service Provider on a case-by-case basis and granted at the sole discretion of the Service Provider. Refunds are in no way possible during the initial subscription term, annual or monthly, depending on the subscription plan.

Subscription term and cancelation

4.5. Access to Complementary Training Community is available only with an active paid subscription. The User will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of subscription plan selected when purchasing this Service. At the end of each period, the subscription will automatically renew under the exact same conditions unless either party cancels the service at least three (3) days prior to the end of the respective subscription term.

4.6. Upon any cancellation of this Service, the following shall apply: (a) all rights granted to the User shall terminate and the Service Provider shall no longer provide access to the CTC to the User, (b) the User shall cease using the Service, and all its pertaining products and benefits. Any obligations that have accrued prior to termination shall survive termination of this Agreement.

Bonuses of CTC members

4.7. Subject to the terms and conditions of these Terms, Service Provider grants to User a limited, royalty-free, non-exclusive, non-sublicensable, non-transferable right to access and use the eBooks, Tools and Courses, applicable to their membership plan as their bonus content (“Bonus Service(s)”). Bonus Services are solely for Customer’s private purposes during their subscription term. All rights not expressly granted to Customer are reserved by Service Provider and its licensors. There are no implied rights.

4.8. For avoidance of any doubt, after cancelation or termination of member’s subscription for any reason, they will no longer have access to any of the Courses nor the opportunity to access and download any new Tools or eBook that were part of the Bonus Services while their subscription was active. In such case, the User can keep the eBooks and Tools downloaded during their active subscription. The Service Provide has no obligation to provide eBooks or Tools that were available during the active subscription under User’s subscription plan, to a User that is no longer member with active subscription.

4.9. The Service Provider reserves unlimited right to change the content of any Bonus Services for any subscription plan, including by adding new Service or removing existing ones. If the User is no content with these changes, the same rules apply as for fees changes in above Clause 4.3 of these Terms.

Restrictions

4.10. User is not allowed to: (i) permit any third party to access or use the Complementary Training Community except as envisioned in these Terms; (ii) use any unauthorized robot, spider, scraper or other automated means to access the CTC, or engage in any scraping, data-mining, harvesting, data aggregating or indexing; (iii) attempt to gain unauthorized access to any materials, other than those to which they have been given express permission to access, or to the computer system on which the CTC is hosted; (iv) frame or mirror any content available within CTC; or (v) access the Service in order to build a competitive product or service, or copy any ideas, features, functions or graphics of this Service.

4.11. As a condition of these Terms, when accessing and using the CTC, User must: (i) not transmit, or input any: files that may damage any other person’s computing devices or software; (ii) not use, or misuse, the CTC in any way which may impair the functionality of the CTC, or impair the ability of any other User to use the CTC; (iii) not attempt to undermine the security or integrity of Service Provider’s computing systems or networks; (iv) not modify, copy, adapt, reproduce, disassemble, recompile or reverse engineer the software (including source code) associated with the CTC, except as is strictly necessary to use it for normal operation, (vi) unless User has been specifically permitted to do so in a separate agreement with Service Provider, User agrees that they will not reproduce, duplicate, copy, sell, trade or resell the content within the CTC for any purpose.

Community Behaviour

4.12. As a condition of these Terms, if User uses any feature available within CTC, such as for example, forum, direct messages, groups, the User agrees only to use such tools for lawful and legitimate purposes.

4.13. User must not use any such feature for creating or distributing any material unrelated to the CTC, including (but not limited to): (i) offers of goods or services for sale, (ii) files that may damage any other person’s computing devices or software, (iii) content that may be rude, hostile, hateful, offensive or illegal in any other manner, including material that is protected by copyright or trade secrets which User does not have the right to use. Failing to comply with this clause gives the right to the Service Provider to cancel User’s subscription and charge User for any damages.

4.14. Service Provider has provided the respective features, such as forum, direct messages, groups, to User in order to enable appropriate experience to the member of the CTC in accordance with its purpose. However, it is the User’s sole discretion whether and how they will use such features. The Service Provider is not in any way responsible or liable for the manner, the content of the frequency of use of such features. Service Provider is also under no obligation to ensure that the content which is created by the User is appropriate, legitimate or legal, and undertakes no responsibility or liability in relation to it.

Athlete SR

4.15. All CTC members will have the access to Service Providers software Athlete SR, during their active subscription, under the terms and the conditions available here: https://athletesr.com/terms-of-use

Termination

4.16. Service Provider can restrict or terminate CTC subscription, with or without notice, if the User: (i) violates these Terms, (ii) fails to pay any fees when due, (iii) engages in fraudulent or illegal activities. Upon any such termination Service Provider can delete User account and content and may prevent the User from further access to the Services or Website.

4.17. Service Provider reserves the right to restrict or terminate CTC subscription upon the request of law enforcement or government agencies or in case of unexpected technical issues or problems.

4.18. User agrees that Service Provider will have no liability to User or any third party for termination of User account, removal of content, or blocking of access to Services done under previous two Clauses.

5. Courses

Access to Courses

5.1. Courses are purchased as onetime payment that is to be completed via Website. Once Service Provider receives information of the fee transfer, Service Provider shall provide the User with registration link for your User account.

5.2. On execution of the payment of the appropriate Course fee and the registration of the User account, the User is entitled to a limited, royalty-free, non-exclusive, non-sublicensable, non-transferable right to access the selected Course(s) and content thereof via User’s registered account. User acknowledges that they have purchased a licence to access the selected Course and their content, and that the grant of this licence does not constitute a transfer of ownership of any content from the Course.

5.3. Service Provider generally grant a lifetime access to purchased Courses, except when the content of the Course must be disabled due to legal or policy reasons (e.g. due to successful copy right claim regarding the content of a Course).

Restrictions

5.4. User may only use the Courses for their own, private and non-commercial purposes, unless otherwise agreed in writing with the Service Provider. User undertakes not forward, via any means, any content in the Courses to anyone without Service Provider’s written permission.

5.5. The same restrictions apply to Courses as those with respect to CTC as is regulated in Clauses 4.11. and 4.12.

Refunds and Termination

5.6. Except when required by law, the payments for Courses are non-refundable. Exceptionally, certain refund requests may be considered by the Service Provider on a case-by-case basis and granted at the sole discretion of the Service Provider.

6. eBooks and Tools

Purchase of eBooks and Tools

6.1. On execution of the payment, the User is entitled to a limited, royalty-free, non-exclusive, non-sublicensable, non-transferable right to download the purchased eBooks or Tools and content thereof, for User’s own storage, retention and reference.

6.2. In respect of any element of the eBooks or Tools that comprises a template, User may for their own internal purposes only make derivative works using the such template.

Restrictions

6.3. User may only use the eBooks or Tools for their private non-commercial purposes, unless otherwise agreed in writing with the Service Provider.

6.4. The User understands and acknowledges that eBooks or Tools are sold only and exclusively to the User, and the User obliges and guarantees that they will not forward, via any means, any content in the eBooks or Tools to anyone else without Service Provider’s written permission.

Refunds

6.5. Except when required by law, the payments for eBooks and Tools are non-refundable. Exceptionally, certain refund requests may be considered by the Service Provider on a case-by-case basis and granted at the sole discretion of the Service Provider.

6.6. If the refund claim of the User is successful, they undertake and guarantee that they will delete and destroy immediately each copy of the downloaded eBooks or Tools, in any form. Violation of this obligation provides Service Provider to claim any damages arising therefrom.

7. Indemnity

The User will indemnify the Service Provider against all claims, costs, damage and loss arising from the User’s breach of any obligation of these Terms, including but not limited to User’s unauthorised use of any Service or its contents.

8. Confidentiality

8.1. Unless the relevant party has prior written consent of the other or unless required to do so by law: (i) each party will preserve the confidentiality of all confidential information of the other obtained in connection with these terms, (ii) neither party will, without the prior written consent of the other, disclose or make any confidential information available to any person, or use the same for its own benefit, other than as contemplated by these terms.

8.2. Each Party’s obligations under this clause will survive termination of these Terms.

8.3. The provisions of Clause 8.1 shall not apply to any information which: (i) is or becomes public knowledge other than by a breach of that Clause, (ii) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure, (iii) is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party, or (iv) is independently developed without access to the confidential information.

8.4. Confidential Information shall for purpose of this Section of the Terms mean all information exchanged between the parties, whether in writing, electronically or orally, including through the Website.

9. Privacy and data protection of user’s personal data

9.1. Service Provider maintains a Privacy Policy that sets out the Service Providers’ obligations in respect of User’s personal data.

9.2. By accepting these Terms User confirms that they have read the Service Provider’s Privacy Policy.

10. Intellectual Property

Title to, and all intellectual property rights in the Website and all and any of the Services and any documentation relating thereto remain the property of the Service Provider.

11. Service Provider’s Obligations and Warranties

Service Provider acknowledges that: (i) Service Provider will act diligently, efficiently and in accordance with industry best practices; (ii) use appropriately skilled, qualified and experienced personnel to provide the Services, where all authorized personnel and/or personnel and/or appointees shall comply in all respects with the provisions of these Terms and Privacy Policy; (iii) provide all personnel, processes and resources required to provide the Services.

12. Limitation of Liability

12.1. To the maximum extent permitted by law, Service Provider excludes all liability and responsibility to User (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of data, profits and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the Services and the Website.

12.2. If User suffers loss or damage as a result of Service Provider’s negligence or failure to comply with these Terms, any claim by User against Service Provider arising from Service Provider’s negligence or failure will be limited in respect of any one incident, or series of connected incidents to the fee paid by User in incident period.

13. Effects of the termination

Any termination of these Terms between the parties is without prejudice to the rights and obligations of the Parties accrued up to and including the date of termination. On termination of these Terms User will remain liable for any accrued charges and amounts which become due for payment before or after termination.

14. Help Desk

14.1. In the case of technical problems User can contact Service Provider via e-mail.

14.2. Whilst Service Provider intends that the Services should be available 24 hours a day, 7 days a week, it is possible that on occasion it may be unavailable or other development activity to take place.

14.3. If for any reason Service Provider has to interrupt the Services or access to the Website for longer periods, than Service Provider would normally expect, Service Provider will use reasonable endeavours to inform User via email.

15. General

15.1. These Terms, together with Service Provider’s Privacy Policy and the terms of any other individual contracts, notices or instructions given to User under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between the User and Service Provider relating to the Services and the other matters dealt with in these Terms.

15.2. f either Party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

15.3. Neither Party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

15.4. At the time User accepts these Terms, Republic of Serbia law governs these Terms and User submit to the exclusive jurisdiction of the courts of the Republic of Serbia for all disputes arising out of or in connection with these Terms, without reference to any conflicts of laws.

16. Severability Clause

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms will be binding between User and Service Provider.

17. Notices

17.1. Notices to the Service Provider must be sent to the email address contracted by these Terms.

17.2. Notices to User will be sent to the email address which User provides when purchasing the Service.

18. Right of Third Party

A person who is not a party to these Terms has no rights under these Terms.

19. Updates

These Terms were last updated on 15.05.2024.