(hereinafter "GTC")
CLIMBSOFT APPLICATION AS SaaS
1.1 Anna Šebestíková, a self-employed individual (sole trader) with place of business at Máchova 643/13, České Budějovice 7, 370 01 České Budějovice, Czech Republic, Business ID No. (IČO): 10855599, registered in the Trade Licensing Register (hereinafter "Provider"), issues these General Terms and Conditions (hereinafter "GTC") for the provision of ClimbSoft application services in the form of Software as a Service (hereinafter "SaaS").
1.2 Provider's contact details: info@climbsoft.eu, postal correspondence address: Máchova 643/13, České Budějovice 7, 370 01 České Budějovice, Czech Republic.
1.3 These GTC are available on the website www.climbsoft.eu (hereinafter "Website"). By accepting these GTC upon registration, the Customer confirms that they have read, understood, and agreed to the GTC.
1.4 The contractual relationship between the Provider and the Customer is governed by the following documents, which form an integral part thereof:
In the event of a conflict between the documents, the document listed earlier in the above order shall take precedence. The provisions of an individually agreed contract shall take precedence over these GTC unless the parties have expressly agreed otherwise.
2.1 Service – the cloud-based ClimbSoft application provided in SaaS form, comprising multiple modules, including modules for collecting, analysing, and sharing biometric and performance data of athletes (NIRS, force-sensing, heart rate), a collaborative environment, scientific analytical tools, and all other functionalities currently made available by the Provider.
2.2 Software – all components, features, graphical interfaces, source code, databases, models, and modules that constitute the Service.
2.3 Customer – the collective designation for a natural person or legal entity that has registered to use the Service and has accepted these GTC.
2.4 Consumer – a natural person who has registered to use the Service, accepted these GTC, and who, when entering into a contract with the Provider, does not act in the course of their business activities or independent professional practice.
2.5 User – a person authorised by the Customer to use the Service via a specific User Account.
2.6 Account – the Customer's account within the Service, which may contain one or more User Accounts.
2.7 Data Subject – a natural person whose personal data are processed through the Service. These are primarily athletes whose performance, physiological, and health data are uploaded by the Customer.
2.8 Registration – the process of creating the Customer's initial Account, which grants access to the Service and the ability to manage further User Accounts.
2.9 Subscription Period – the period for which the Customer has purchased access to the Service.
2.10 Service Level Agreement (SLA) – an informative document describing the target operational parameters for Service availability, maintenance, and technical support.
2.11 Excessive Infrastructure Load – excessive or unusual use of the Service that exceeds normal usage and may negatively affect its availability or performance.
2.12 Service Disruption – any conduct that causes restriction, degradation, or prevention of Service use by other Users.
2.13 Retention Period – the period during which the Customer's data are retained after termination of the Service solely for the purpose of enabling their export or fulfilling the Provider's legal obligations.
2.14 Customer Content – all data, files, biometric records, performance metrics, video, photos, comments, and other content uploaded, created, or processed by the Customer or their Users through the Service.
2.15 AI Features – advanced analytical functionalities using artificial intelligence, available in Plans labelled with "+".
2.16 Demo – a Service mode available without registration on the Website, intended to familiarise prospective Customers with the Service's functionality.
2.17 Free-solo – a free, functionally limited Service plan available after registration, in which the Customer may perform a limited number of tests and training sessions per week.
2.18 Plan – the specific variant of the Service chosen by the Customer, defining the scope of functionalities, capacity, and price.
3.1 The contractual relationship between the Provider and the Customer is established by:
3.2 Upon Registration, the Customer selects whether they are registering as a Consumer or as a business entity (club, academy, federation, research institution, commercial company). This classification may later be changed upon a written request to info@climbsoft.eu.
3.3 Upon Registration, the Customer obtains a non-exclusive, non-transferable, time-limited, and revocable licence to use the Service within the scope of the chosen Plan and in accordance with these GTC.
3.4 The Service is activated upon creation of the initial Account. The Customer is entitled to manage and create further User Accounts within the capacity of the chosen Plan.
3.5 The Provider is entitled to offer the Service in various plans that may differ in functionalities, capacity, price, and terms. The current plan offering is available on the Website.
3.6 The Provider offers the following Plans:
3.7 The current scope of functionalities, capacity, and prices for each Plan are available on the Website.
3.8 The following data belonging to the special categories under Article 9 GDPR are primarily processed within the Service:
4.1 The Provider makes a Demo version of the Service available on the Website, allowing prospective customers to explore the Service's functionality without registration and without creating a contractual relationship between the Provider and the prospective customer.
4.2 The Demo version does not allow the collection, storage, or processing of real data. All data displayed in the Demo version are simulated or demonstrative.
4.3 Use of the Demo version creates no claims by the prospective customer against the Provider, and the Provider accepts no liability for any decisions made on the basis of the Demo version.
4.4 When operating the Demo version, the Provider may process the personal data of prospective customers to the extent set out in the Privacy Policy.
5.1 The "Free-solo" Plan is provided free of charge with limited functionality. The current limits are published on the Website and the Provider is entitled to adjust them on reasonable terms with 30 days' notice.
5.2 Under the "Free-solo" Plan, the Provider:
5.3 Under the "Free-solo" Plan, the Provider processes the personal data of the Customer and Data Subjects in accordance with the GDPR and the Privacy Policy. The fact that the Plan is free does not reduce the level of personal data protection.
5.4 Upon termination of the "Free-solo" Plan by the Customer, the provisions of Article 15 of these GTC apply, including the right to data export.
6.1 The Provider undertakes to ensure Service availability in accordance with the SLA, which is available on the Website. The Provider shall make reasonable professional efforts to minimise outages and planned maintenance.
6.2 The Provider is entitled to temporarily suspend the provision of the Service in the event of planned maintenance, a security incident, excessive infrastructure load, or suspicion of a breach of the GTC by the Customer. The Provider shall give at least 48 hours' notice of planned maintenance via the Website or the application, where the nature of the maintenance allows.
6.3 The Provider has the right to update, maintain, and technically modify the Service without the Customer's prior consent, in particular for the purpose of improving functionality, security, performance, or ensuring compliance with applicable legislation. The Customer shall be informed with adequate notice via the Website.
6.4 The Provider ensures data protection in accordance with applicable legislation but is not liable for data loss or damage caused by the acts or omissions of the Customer or their Users.
6.5 The Provider ensures regular automated backups of Customer Content.
6.6 During a temporary suspension of the Service, the Customer's data shall be preserved. Access to the data will be restored once the reason for the suspension has been resolved.
6.7 In the event of a security incident that could compromise the confidentiality, integrity, or availability of data, the Provider is obliged to notify the Customer without undue delay, no later than 24 hours after becoming aware of the incident.
6.8 The Provider is entitled to collect aggregated and anonymised data on Service usage for the purpose of improving the Service, product development, and statistics. These data do not allow identification of any specific Customer, User, or Data Subject.
6.9 In the case of legal entities, the Provider is entitled to publish the Customer's name and logo in its client list on the Website and in marketing materials, unless the Customer has expressly objected in writing to such use. The Customer may withdraw this consent at any time by sending a notification to info@climbsoft.eu, whereupon the Provider shall be obliged to remove the reference within 30 days.
6.10 In the case of natural persons, the Provider shall only use the Customer's name or any identification on the Website or in marketing materials on the basis of prior express written or oral consent.
6.11 The Provider is entitled to use aggregated, statistical, and anonymised data derived from Service usage for the purposes of research, product development, performance benchmarking, and publishing scientific outputs, provided that such data cannot be re-attributed to an identifiable Data Subject.
6.12 The Provider is entitled to assign or delegate its rights and obligations under these GTC, in whole or in part, in particular in connection with an acquisition, merger, company reorganisation, or to external processors and business partners in fulfilment of its obligations. The Customer shall be notified of such assignment in an appropriate manner.
7.1 The Customer is obliged to use the Service in accordance with these GTC, public morality, and all applicable legislation applicable to the Customer. The Customer undertakes to follow the Provider's instructions relating to safe use of the Service.
7.2 The Customer is responsible for the security of their login credentials. The Customer shall ensure that each User activates multi-factor authentication (MFA) where the Service offers it.
7.3 The Customer is responsible for Customer Content, including its lawfulness, accuracy, and the legal basis for processing any personal data included in Customer Content that is uploaded to the Service.
7.4 The Customer shall contact technical support for technical issues under the terms defined in the SLA.
7.5 The Customer acknowledges that the Provider may use third parties to provide part of the Service.
7.6 The Customer is fully liable for any damage caused to the Provider or third parties by the acts of their Users in connection with the use of the Service.
7.7 The Customer acknowledges and confirms that the Service will process personal data belonging to the special categories under Article 9(1) GDPR. The Customer acts as the controller of such data and is obliged to have a valid legal basis under Article 9(2) GDPR.
7.8 The Customer must not:
7.9 The Customer is obliged to notify the Provider within 24 hours of any suspected security incident or unauthorised access.
7.10 The Service may, on the basis of physiological, health, and performance data, generate analytical outputs, predictions, and recommendations (e.g. estimates of maximum strength, critical force, injury risk, form). The Customer acknowledges:
7.11 The Customer is not entitled to assign their rights and obligations under the contractual relationship to a third party without the Provider's prior written consent.
7.12 The Customer has the right at any time during the contractual relationship to export Customer Content and personal data in a structured, commonly used, and machine-readable format.
7.13 Export is free of charge for the first request per Subscription Period. For repeated or manifestly unfounded requests, the Provider may charge a reasonable administrative fee within the meaning of Article 12(5) GDPR.
7.14 The Consumer acknowledges that if they process personal data of persons other than themselves through the Service, they may assume the role of controller under the GDPR. In such a case, they are obliged to fulfil all controller obligations under the GDPR, including obtaining a legal basis and informing the affected persons. This does not apply to processing exclusively in the context of a purely personal or household activity under Article 2(2)(c) GDPR.
7.15 In the event of an assignment of the Provider's rights in connection with an acquisition or merger, the Consumer has the right to terminate the contractual relationship without penalty within 30 days of the notification of the assignment.
7.16 The Customer declares that they are not listed on EU sanctions lists and that their registered office or place of residence is not in a country subject to EU sanctions. The Provider reserves the right to suspend the provision of the Service with immediate effect in the event of a breach of this declaration.
8.1 The Provider offers advanced analytical functionalities using machine learning (ML) and artificial intelligence (AI) exclusively in Plans labelled with "+" (Baseline+, Research+, Enterprise+).
8.2 AI Features include in particular:
8.3 In Plans without AI Features (Free-solo, Baseline, Research), the Service provides exclusively basic statistical data processing without predictive models.
8.4 The Provider does not use Customer Content identifying specific Data Subjects for training or any other form of permanent improvement of its AI/ML models unless the Customer has expressly agreed in writing through a separate agreement.
8.5 External AI services. Where the Provider uses external third-party AI services for AI Features, these are listed in the register of external processors.
8.6 The Service does not carry out solely automated decision-making under Article 22 GDPR through its AI Features. All outputs are exclusively of an advisory and informational nature and do not replace the professional judgement of a coach, physician, physiotherapist, or other specialist.
9.1 The Service supports integration with third-party devices (in particular NIRS sensors, force-sensing devices, and heart rate monitors).
9.2 The use of third-party devices may be subject to separate terms and conditions, licences, and privacy policies of their providers, which the Customer is obliged to accept and comply with.
9.3 The Provider declares:
9.4 The Provider is not liable for:
10.1 The price of the Service is determined in accordance with the current price list published on the Website. The Provider is not a registered VAT payer; prices are therefore stated as final amounts and VAT is not added. Should the Provider become a registered VAT payer, prices will be subject to VAT in accordance with applicable legislation.
10.2 A subscription may be ordered on a monthly or annual payment basis, whereby:
10.3 The Customer may change their Plan at any time via Account settings:
10.4 When the Customer changes their Plan under Plans with automatic renewal pursuant to section 10.6, the next payment will already be made for the new Plan.
10.5 Upon receipt of payment, the Provider shall issue a tax document (invoice) in electronic form and deliver it to the Customer's email address provided upon Registration. The Customer consents to the delivery of electronic invoices in accordance with applicable regulations.
10.6 The subscription renews automatically for a further period of the same length and at the same price without the need to re-enter payment details, unless the Customer has cancelled it before the end of the current Subscription Period.
10.7 When paying by credit card, by accepting these GTC the Customer consents to recurring payments within the meaning of the card scheme conditions. Upon setting up a recurring payment, the Customer will be separately notified by email of:
10.8 The Provider shall notify the Customer of an upcoming automatic subscription renewal at least 5 days before renewal for monthly subscriptions and at least 30 days before renewal for annual subscriptions.
10.9 Cancellation of automatic renewal must be technically as straightforward as entering into a subscription. The Customer may cancel automatic renewal at any time via Account Settings without needing to contact support.
10.10 The Provider is entitled to amend the price list. The Provider shall notify an existing Customer of a change in the price of their Subscription Period at least 14 days before the end of the current Subscription Period.
10.11 The Customer has the right to reject the new price and terminate the contractual relationship at the end of the current Subscription Period without penalty. Continued use of the Service after the new price takes effect shall be deemed acceptance thereof.
10.12 In the event of late payment, the Provider is entitled, after prior notice to the Customer and the provision of a reasonable period for additional payment, to suspend the Customer's access to the Service until the outstanding amount is paid in full.
10.13 If the overdue payment exceeds 14 days for a monthly Subscription Period and 60 days for an annual Subscription Period, the Provider is entitled to terminate the contractual relationship and proceed in accordance with Article 15 of these GTC.
11.1 The Consumer has the right to withdraw from a contract concluded at a distance within 14 days without giving a reason. The period begins on the day the Service is made available by the Provider and is deemed observed if the Consumer sends the Provider a notice of withdrawal within it.
11.2 Since the Service is a digital service delivered online immediately upon registration, the Consumer, when entering into the contract:
11.3 Withdrawal from the contract may be sent using the model withdrawal form available on the Website (Annex No. 2 to these GTC) or by any other unambiguous statement of intent to info@climbsoft.eu.
11.4 Upon valid withdrawal after the commencement of Service provision, the Consumer shall pay the proportionate part of the price for the period during which the Service was provided to them, and the Provider shall refund the remaining part within 14 days of receipt of the withdrawal notice by the same means by which the payment was made, unless the Consumer has requested in writing a different method.
12.1 The Provider undertakes to provide the Service with professional care and in accordance with these GTC and the SLA.
12.2 The Provider is not liable for damages, loss of profit, missed opportunities, or other indirect or consequential losses arising from the use or inability to use the Service, except in cases caused intentionally or by gross negligence on the part of the Provider.
12.3 The maximum amount of damages for which the Provider is liable is limited to the amount that approximates whichever of the following is lower:
12.4 The Provider is not liable for indirect damages, loss of profit, loss of business opportunities, reputational damage, loss of data on the part of the Customer or third parties, or for damages that could not have been reasonably foreseen at the time of entering into the contract.
12.5 The Provider is not liable for:
12.6 In relation to a Consumer, the limitations set out in sections 12.2, 12.3, and 12.4 do not apply. In relation to a Consumer, the Provider is liable to the extent provided for by applicable consumer regulations, including mandatory provisions of the law of the Consumer's country of habitual residence. The statutory rights of the Consumer are not affected by this provision.
12.7 Any claim under the contractual relationship must be asserted in writing within 12 months from the day on which the claiming party became aware, or should have become aware, of the grounds for the claim. After expiry of this period, the claim shall lapse, unless mandatory statutory provisions provide otherwise.
12.8 The time limit in section 12.7 does not apply in relation to a Consumer. The statutory limitation periods of the Consumer are not affected thereby.
12.9 The Customer shall indemnify the Provider against any third-party claims, including reasonable legal costs, arising in particular from:
In relation to a Consumer, this provision applies only to the extent that it is not inconsistent with mandatory provisions of consumer law.
13.1 For contracts with Consumers, the provisions on defects in digital services under applicable consumer regulations apply, in particular the national implementations of Directive (EU) 2019/770. In particular, the Consumer has:
13.2 The Consumer is obliged to notify the Provider of a defect without undue delay after its discovery, electronically to info@climbsoft.eu or via the Service interface.
13.3 The Provider is obliged to assess the defect notification without undue delay and to notify the Consumer of the manner of its resolution no later than 30 days from its receipt.
13.4 The statutory rights of the Consumer are not affected by these GTC and apply in full in accordance with the applicable regulations in the Consumer's country of habitual residence.
14.1 The ClimbSoft Software and application are protected by copyright.
14.2 The Customer obtains a non-exclusive, non-transferable, time-limited licence to use the Software for the duration of the chosen Subscription Period. All rights to the Software, logo, and know-how belong exclusively to the Provider.
14.3 The licence is granted for the duration of the contractual relationship created by acceptance of these GTC. The entitlement to the licence is governed by the conditions of Article 10 of these GTC.
14.4 In the event of reasonable suspicion of a breach of licence conditions or unauthorised use of the Service, the Provider reserves the right to audit or review the manner in which the Service is being used. The Customer is obliged to provide reasonable cooperation. Findings of a breach may lead to revocation of the licence and the assertion of claims for damages.
14.5 Data uploaded to the Service remain the property of the Customer. The Customer grants the Provider consent to process, host, and back up the data exclusively for the purpose of operating the Service. This consent expires upon termination of the contractual relationship and the expiry of the Retention Period.
14.6 If the Customer provides the Provider with feedback, suggestions, ideas, or requests for Service improvements, the Provider is entitled to use such feedback without any obligations or duties towards the Customer. The Customer makes no intellectual property claims in respect of Service functionalities developed on the basis of such feedback.
15.1 The contractual relationship may be terminated by:
15.2 The Provider is entitled to terminate the contractual relationship with immediate effect in the event of a material breach of the GTC by the Customer, in particular in the case of illegal use of the Service, a security threat, or prolonged payment default.
15.3 Upon termination of the contractual relationship, the Customer has the right to export Customer Content in a structured, commonly used, and machine-readable format. Export may be carried out:
15.4 Customer Content remains in the Service for a Retention Period of 30 calendar days from termination of the contractual relationship, during which the Customer may export the Content. Upon expiry of the Retention Period, Customer Content will be permanently and securely deleted from all production systems; data will be removed from backups in accordance with the backup rotation cycle, no later than 90 days.
15.5 If the contractual relationship is terminated by the Provider without a material breach on the part of the Customer, the Customer is entitled to a refund of the proportionate part of the Subscription for the unused period.
15.6 If the contractual relationship is terminated by the Customer, the Customer is not entitled to a refund of the proportionate part of the Subscription for the unused period, except in the case of a material breach of the GTC by the Provider.
15.7 If the contractual relationship is terminated by a Consumer after the expiry of 14 days, the Consumer is not entitled to a refund of the proportionate part of the Subscription for the unused period, except in the case of a material breach of the GTC by the Provider.
16.1 The Provider processes personal data in accordance with the General Data Protection Regulation (GDPR).
16.2 Details on the processing of personal data, technical and organisational data security measures, and other data security and protection matters are set out in the Privacy Policy available on the Website and in the Data Processing Agreement (DPA), which forms Annex No. 1 to these GTC.
16.3 The Customer confirms that prior to registration they had the opportunity to read the Privacy Policy and the Data Processing Agreement, which form an integral part of the contractual relationship.
16.4 The Provider reserves the right to update this document to a reasonable extent, and the Customer shall be informed of changes at least 30 days before they take effect via electronic communication or by publication in the Service interface.
16.5 The current list of external processors is available on the Website. The Provider shall notify the Customer of the addition or change of any external processor at least 30 days in advance. The Customer has the right to object to the change on justified security grounds; if agreement is not possible, the Customer has the right to terminate the contractual relationship without penalty.
16.6 The Provider is entitled to send the Customer operational notices relating to the Service. Marketing communications (newsletter, promotions) will only be sent by the Provider on the basis of a separate express consent, which the Customer may withdraw at any time via the Service interface.
17.1 Communication between the parties takes place primarily electronically, via email, notifications in the Service interface, or via the Website.
17.2 An email message sent to the email address provided upon registration / to the Provider's contact email info@climbsoft.eu is deemed delivered at the moment of sending, unless the delivery server records a delivery error.
18.1 The Customer is entitled to notify the Provider of technical problems, faults, or other deficiencies in the Service via electronic communication or via the Service interface.
18.2 The Consumer may submit a complaint or grievance to info@climbsoft.eu. The Provider undertakes to resolve the complaint without undue delay, no later than 30 days from its receipt. Submitting a complaint does not automatically guarantee a refund.
18.3 The Provider undertakes to make reasonable professional efforts to investigate notifications and remedy identified deficiencies within a reasonable time. The Customer shall not be entitled to financial compensation, discounts, or other benefits.
18.4 All disputes arising from or in connection with these GTC or the use of the Service shall be resolved preferably by out-of-court means. If a dispute cannot be resolved by agreement, disputes shall be resolved by the competent courts of the Czech Republic according to the Provider's place of business.
18.5 In the case of a Consumer, jurisdiction is governed by Regulation (EU) No 1215/2012 of the European Parliament and of the Council (Brussels I bis). The Consumer has the right to out-of-court dispute resolution through the relevant consumer protection supervisory authorities or the European Commission's ODR platform.
19.1 The Provider reserves the right to make unilateral amendments to these GTC. Material changes to the GTC will be communicated to Customers at least 30 days before they take effect, via email or a notification in the Service interface.
19.2 The Provider is entitled to amend the GTC in particular for the following reasons:
19.3 Continued use of the Service after this date constitutes the Customer's consent to the amendment of the GTC.
19.4 Territorial scope of the Service. The Service is currently available to Customers with a registered office or place of residence in the European Union and the European Economic Area. The Provider reserves the right to refuse or restrict registration from countries outside the EU/EEA.
19.5 If any provision of these GTC becomes invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions.
19.6 The following form an integral part of these GTC:
19.7 These GTC take effect on the date of their publication on the Website.
19.8 The provisions of these GTC which by their nature are intended to survive termination of the contractual relationship shall remain in force after its termination. These include in particular: