TERMS AND CONDITIONS OF USE

Last updated: March 18, 2020

I. INTRODUCTION

Welcome to the website https://climbro.com/ (hereinafter referred to as “Web site” or “website”) and the mobile application Climbro (hereinafter referred to as “The Application” or “Application”) which are operated by “Climbro” Ltd. and may be accessed worldwide.

By using this website and the Application you warrant that you are at least 14 years of age and agree to be bound by these Terms and Conditions of use. Please read these Terms and Conditions carefully before using the website and/or the Application and if you have any questions, please contact us at: hello@climbro.com .

If you do not agree to any of the conditions contained in these Terms and Conditions, you should not use the website and/or the Application. These Terms and Conditions are available on the website and in the Application itself, which allows their storage and reproduction.

II. PURPOSE AND SCOPE OF THE TERMS AND CONDITIONS

1.1 These Terms and Conditions have been drafted and intend to regulate the relations between “Climbro” Ltd., a company, registered at the Commercial Register at the Registry Agency with UIC: 205622848, having its seat and registered address at: Sofia city, postal code 1616, 19 “Ilia Kutev” Street, e-mail address: hello@climbro.com and website: https://climbro.com/ and mobile Application Climbro, hereinafter referred to as “Provider”, and the users of the Website and/or the Application, hereinafter referred to as “Users”, in connection with the use of the website and/or download, installation and use of the Application. The other document that govern the relationship between the Provider and the Users in connection with the use of the website and the Application is the Privacy Policy.

1.2 These Terms and Conditions will come into force as soon as the User uses the website and/or the Application for the first time. The Terms and Conditions shall be applied each time the User visits and uses the website and/or the Application and will have effect from stopping of the use of the website and/or the Application. The User undertakes to use the website and all the contents of the website as well as the Application legally, in accordance with the conditions set forth in these Terms and Conditions.

III. DEFINITIONS

2.1 For the purposes of these Terms and Conditions:

a/ Provider is “Climbro” Ltd.

b/ User/s is/are:

– the visitor/s to the website https://climbro.com/;

– users of the Application Climbro.

c/ Website is https://climbro.com/.

d/ Application is mobile Application Climbro.

2.2 These Terms and Conditions provide information about:

– Identification of the Provider;

– Subject matter of the Terms and Conditions;

– Characteristics of the Website and the Application;

– Registration and installation;

– Way of ordering of goods offered on the website;

– Pricing and payment terms;

– Order refusal;

– Delivery;

– Claims and refusal of delivery;

– Right of withdrawal;

– Reimbursement of payments;

– Force majeure;

– Rights, obligations and liability of Users of the website and/or the Application;

– Rights and obligations of the Provider;

– Changes to the Application and pricing;

– Personal data protection;

– Exemption from liability;

– Dispute resolution;

– Links to third party websites;

– Intellectual property rights. Limitations of use;

– Transfer of rights prohibited;

– Breach and termination;

– Final provisions.

IV. IDENTIFICATION OF THE PROVIDER

Name of the Provider: “Climbro” Ltd.
Seat and registered address: Sofia city, postal code 1616, 19 “Ilia Kutev” Street
Contacts: e-mail address: hello@climbro.com
Data for entry in the commercial register and any other public register: “Climbro” Ltd. is a company, registered in the Commercial Register at the Registry Agency with UIC: 205622848. “Climbro” Ltd. is VAT registered.

V. INFORMATION ABOUT SUPERVISORY AUTHORITIES

Commission for Personal Data Protection

Address: Republic of Bulgaria, Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.

Telephone: 02/91-53-519

Fax: 02/91-53-525

Е-mail: kzld@government.bg, kzld@cpdp.bg

Web-site: www.cpdp.bg

Commission for Consumer Protection

Address: Sofia 1000, 4A “Slaveikov” Square, floor. 3, 4 and 6

Telephone: 02/933 0565

Fax: 02 / 988 42 18

Hot line: 0700 111 22

Email: info@kzp.bg

Website: www.kzp.bg

VI. SUBJECT MATTER OF THE TERMS AND CONDITIONS

3.1 The Provider has created the website https://climbro.com/, which contains detailed information about the products offered to the Users.

3.2 The Provider has created the mobile Application Climbro, which provides comprehensive evaluation of climbers’ physical state and generates personal training plans for improving climbing performance.

3.3 The Provider provides and the Users undertake to use the website and the Application under the conditions set forth in these Terms and Conditions. The Provider grants the User who has agreed with these Terms and Conditions the non-exclusive, non-assignable, non-transferable, revocable license, without the right to sublicense to download, install, update and use the Application on a mobile device as expressly permitted by the terms and conditions below and subject to the limitations set forth herein.

3.4 In its professional activity, the Provider guarantees to the full extent the rights of the Users provided by law, as an additional corrective of its activity are namely the good faith, as well as the consumer and commercial criteria established as good practices.

VII. CHARACTERISTICS OF THE WEBSITE AND THE APPLICATION

Characteristics of the website:

4.1 The website is an online shop. It is created to inform Users about the products offered by the Provider and the latter to be contacted if the User wishes to order any of the products offered and advertised on the website.

4.2 The website includes comprehensive information about:

– The Provider;

– The products that the Provider offers to Users;

– How the Provider can be contacted;

4.3 The Users of the website have the opportunity to use the following services, namely:

– to view the content of the website;

– to purchase the products offered by the Provider through the Provider’s online shop;

– to make payments for the goods purchased from the online shop.

Characteristics of the Application:

4.4 The Application provides comprehensive evaluation of Users’ physical state and generates personal training plans for improving climbing performance. It provides real time feedback on the applied force enabling intensity control, extensive performance assessment and effective training. Users shall be informed that the Application works only with Climbro hangboard. If you would like to order the Climbro hangboard, please contact the Provider at: hello@climbro.com .

4.5 Tests: The tests provide quantitative measures of finger strength and endurance as well as local muscle aerobic and anaerobic capacity. These measures are transformed into scores and presented as climbing grades for Users’ convenience. The Application presents the test results in a Radar chart so Users can easily find out what are their weak and strong points. The User can also compare the results of his/her last two completed batteries to check the progress. The Application provides complete information on how the tests have to be performed and guides the User during test execution.

4.6 Personal Workout Plans: Based on the test results, the application uses complex algorithms to generate personalized training plans that address Users’ weaknesses. The training plans consist of 16-24 sessions that are meant to be completed in 2-3 months. The Application provides a handy calendar with the complete schedule of User’s training plan. The Application guides the execution of each exercise of a training session providing real-time feedback on the muscle contraction intensity, duration and number of repetitions. It also suggests the time to rest between the exercises in a session and between the sessions in a training plan. The Application evaluates how well the User has performed each exercise and how well the User is following the schedule of the training plan giving insights of how effective the training is.

VIII. REGISTRATION AND INSTALLATION

5.1 No registration is required to use the website.

5.2 The Application has been developed for each of the two most popular mobile operating systems – iOS and Android. The Application can be used for User’s personal and noncommercial use. The Application is available for download and installation on a mobile device at Google Play Store and Apple Store. The normal use of the Application requires the presence of mobile devices (smartphones, tablets) as well as an Internet connection – mobile or wireless (WiFi). If you do not have the appropriate software, hardware and internet connection, you will not be able to use the Application.

5.3 In order to use the Application, the User shall install the Application. Installation of the Application is free of charge. By installing the Application the User accesses only the basic functionalities of the Application. If the User has activated a product key or paid a subscription then the User will access all functionalities of the Application. When Users install and use the Application they voluntarily provide personal information such as: full name, e-mail address, address, year of birth, gender, weight, height, whether the User is left-handed or right-handed. The Provider also collects and processes information about the use of the Application.

5.4 The User confirms that the information provided during the registration is correct complete and accurate. The Provider is not responsible for any typographical errors or misrepresentations of information or information presented in a misleading manner. The User undertakes to update and correct outdated and inaccurate data within 7 days of the change of the data. The User is responsible for all actions that are performed through the registered account. The User undertakes to notify the Provider of suspected or unlawful access.

5.5 The Provider has the right to reject an application for registration of User’s account or refuse access to the Application in the event that the User provides or the Provider has doubts that the User has provided incomplete, incorrect or inaccurate information. The Provider has the right to close/delete registered User’s account if, at his discretion or if data is available from competent government authorities, that the unauthorized actions are or have been committed through the registered User’s account.

IX. WAY OF ORDERING OF GOODS OFFERED ON THE WEBSITE

6.1 No registration is required to use the website. Orders in the online shop are accepted 24 hours a day, seven days a week.

6.2 In order to place an order from the online store, Users shall press the “Order” link from the main menu, choose the number of goods the User would like to purchase and press “Order” button. After selecting the “Order” button, the User should fill the Delivery Address by filling his/her first and last name and company name /not mandatory/, company VAT number /not mandatory/, e-mail address, phone, full address and order notes /not mandatory/. After filling the described information the User shall choose the payment method (between direct bank transfer and credit/debit card) and mark the “I have read and agree to the website terms and conditions” field and click the “Place order” button. If the User decides to pay by credit/debit card, then the User shall fill the cardholder’s name, card number, the expiry date of the card and the CVC (three digit code on the back of the card) and click the “Confirm” button.

6.3 The Provider confirms the acceptance of an order by sending an e-mail to the e-mail address indicated by the User, stating that the order has been accepted. The confirmation sent by email contains information about the order number, the date and time of the order, the ordered goods, the quantity, the delivery address and the bank account of the Provider in order the payment to be made if the User has chosen to pay by direct bank transfer. Email order confirmation is considered to be the conclusion of a distance sales agreement. The confirmation sent by Provider to the User is deemed to have entered into force when it was sent to the e-mail address specified by the User, even though the sent e-mail has not reached the User.

6.4 The Provider has the right to cancel orders for which there are grounds to believe that contain incorrect data. The Provider notifies Users of missing data or incorrect data, and in the event that the Provider does not receive complete or correct information within 36 hours, the Provider cancels the order.

X. PRICING AND PAYMENT TERMS

Payment for using of the Application

7.1 For payment of fees for using of the Application the User shall choose the preferred payment method (such as: credit card, a third party, like Google Play or Apple Store, online payment service or any other payment method made available by the Provider). If the User provides his/her payment information, the latter authorizes the Provider as well as third party service providers, payment processors and/or payment card networks to receive, store and encrypt User’s payment information. The Provider shall not provide any refunds other than as set forth in these Terms and Conditions or obliged by law. All requests for refunds’ cancellations shall be made in writing. In case that the Provider concludes that the User is entitled to a refund of all or part of the paid fees, the refund will be made using the payment method the User has originally made. In the event of cancellation, User’s rights to use the Application terminate.

Payment of goods ordered on the website

7.2 The prices of the goods offered for sale at the Provider’s online shop are in Euro. The quoted prices are for a single quantity and do not include the cost of delivery of the ordered goods.

7.3 Payments of goods ordered may be made in one of the following ways:

– by bank transfer;

– by debit/credit card.

7.4 The User shall pay the Provider in advance the whole amount of the ordered goods by bank transfer or debit/credit card. If the currency of the card with which the payment was made differs from the payment currency, the payment amount will be calculated on the card issuer’s respective exchange rate for the day.

XI. ORDER REFUSAL

8.1 The User has the right to cancel the order made by him/her and confirmed by the Provider only upon explicit notification to the Provider of the User’s refusal of the order by phone call or by sending an e-mail notification within 1 hour after the order has been made.

8.2 An order made shall also be terminated in the following cases:

– upon termination and subsequent liquidation or insolvency of one of the parties;

– in case of objective impossibility to execute the order of one of the parties;

– in case of legal actions taken by the state authorities, directed at the Provider’s activity, including seizure of goods, sealing of objects and the like.

XII. DELIVERY

9.1 The Provider delivers the goods ordered by the User at a specified by the User address. The Provider delivers the ordered goods worldwide with the help of courier companies selected by the Provider. Delivery rates for each order varies based on the shipping country, quantity of goods ordered and the chosen shipping method where applicable.

9.2 If delivery of the ordered goods is outside the European Union, it is possible import duties and taxes payable after the goods arrive in the respective country to be charged. Any such import duties and taxes, as well as fees collected for the clearance of customs documents, shall be paid by the User. Users are advised to inform themselves in advance of such import duties and taxes.

9.3 The goods shall be dispatched as follows:

– For orders made on business days the dispatch is made within 2 working days;

– For orders made during a period of discount the dispatch is made within 3 working days.

– For orders made on weekends (Saturdays and Sundays), official holidays of the Republic of Bulgaria, as well as other holidays accepted by the National Assembly, the dispatch shall be made by 4 working days.

9.4 The Provider shall provide the User information by e-mail about the dispatch of the goods and the tracing of the delivery on the day the goods are delivered to the courier organization. For orders outside of Republic of Bulgaria, the delivery time is between 1-10 days depending on the place where the goods shall be delivered.

9.5 In the event that more than 30 days have elapsed since the conclusion of the agreement and the goods have not been delivered, the User has the right to terminate the agreement and the Provider shall refund all paid sums to the User.

9.6 The goods are handed over to the User against a signature certifying that the goods have been received. In the event that the goods cannot be handed in person to the User, the Provider shall contact the User by telephone and the goods shall be handed to persons found at the address or persons designated by the User, indicating the name of the person who received the delivery and his or her relation with the User. In case the goods cannot be delivered at the first visit (in case the User does not answer the telephone call when the User is not found at the address), the person making the delivery shall leave in writing a notification containing a contact telephone number to which the User must call within 3 working days in order to agree on a new delivery date. In case the User does not call the phone specified in the notice within 3 working days, the goods will be left at the nearest courier’s office and the goods will remain in the courier’s office for ten days, after which the order will be considered canceled and the goods will be returned to the Provider. The Provider shall notify the User thereof within seven days. The Provider is not responsible for any delay in the delivery of the goods for reasons for which the courier company is responsible.

XIII. CLAIMS AND REFUSAL OF DELIVERY

10.1 A User who is a consumer within the meaning of the Consumer Protection Act has the right to claim any non-conformity of the goods with the contract, when after delivery, at the initial inspection or during the storage, installation, testing or operation, non-compliance with the contract has been found. The User has the right to file a claim within two years of the delivery of the goods, but no later than two months after establishing the non-compliance with the contract. Any non-compliance of the purchased good with the sales contract, which manifests itself within 6 months after the delivery of the good, shall be presumed to have existed at the time of delivery unless it is shown that the lack of compliance is due to the nature of the good or the nature of the good non-compliance. Upon filing the claim of the goods, the User has the right to request the Provider to bring the goods in compliance with the contract of sale as the User may choose between repairing the product or replacing it with a new one, unless this is impossible or the method chosen by the User for compensation is disproportionate to the other. A method of compensation of the User shall be deemed to be disproportionate if its use imposes costs on the Provider, which are unreasonable in comparison with the other method of compensation, taking into account:

the value of the goods if there was no lack of non-compliance;
the importance of the non-compliance;
the opportunity the User to be offered another way of compensation that is not related to significant inconveniences for the User.

The compliance of the goods with the sales contract shall be made within one month from the filing of the claim by the User.

10.2 In the event that the Provider has failed to repair the goods within one month of the claim being made, the User has the right to terminate the contract and to ask the paid amount to be refunded or to claim a reduction in the price of the goods. In case the goods have been repaired by the Provider on time, but the User is not satisfied with the result, the latter is entitled to terminate the contract and to ask the paid amount to be refunded or to claim a reduction in the price of the goods.

10.3 The User may not claim reimbursement of the amount paid or reduction of the price of the goods when the Provider agrees to replace the goods with new or to repair the goods within one month of the claim being made by the User.

10.4 The Provider is obliged to grant a request for termination of the contract and to refund the amount paid by the User when, after having satisfied three complaints to the User by repairing the same goods within two years of delivery of the goods, there is a subsequent occurrence of non-conformity of the goods with the contract of sale. The user cannot request for termination of the contract if the non-conformity of the goods with the contract is negligible.

10.5 The claim shall be filed with the Provider in writing within two years of the delivery of the goods, but no later than two months after the finding of non-compliance with the contract at the following e-mail address hello@climbro.com. When making a claim, the User shall indicate the subject of the claim, the preferred way of claiming the claim, the amount of claim claimed and the contact address. When submitting a claim, the User shall also attach the documents on which the claim is based:

receipt or invoice;
protocols, acts or other documents establishing the non-compliance of the goods;
other documents establishing the claim on grounds and size.

10.6 The Provider keeps a record of the complaints submitted. Upon lodging a claim of the User, a document containing the date, the number under which the claim is entered in the register, the type of goods and the signature of the person who accepted the claim shall be issued. The Provider shall contact the User within 14 days after receiving the claim.

10.7 Where the Provider satisfies the claim, it shall issue an act for this, which shall be drawn up in duplicate, and one copy shall be provided to the User.

10.8 The User shall bear the expenses for sending of the goods to the Provider when filing a claim. When the User has filed a claim the Provider shall bear the expenses for sending of the repaired or replaced goods to the User.

XIV. RIGHT OF WITHDRAWAL

11.1 Regarding the use of the Application: The User has a fourteen day right of withdrawal without giving any reasons from the date of conclusion of the contract. If the User wishes to exercise the right of withdrawal, the User shall inform the Provider at hello@climbro.com about his/her decision to terminate the contract. The Provider shall contact the User within 5 days from receipt of the withdrawal notice. The Provider shall refund the payments made by the User within 14 days of receipt of the withdrawal notice.

11.2 Regarding the purchased goods: According to Article 50, para. 1 of the Consumer Protection Act the User shall have the right to withdraw from the distance contract without giving any reason, without compensation or penalty and without bearing any costs whatsoever other than the costs provided for in Article 54, para. 3 and Article 55 of the Consumer Protection Act, within a period of 30 days from acceptance of the goods by the User or by a third party other than the carrier and indicated by the User – in the case of a sales contract. Return of goods beyond the specified period will not be accepted.

11.3 The User shall be obliged to return the goods in the condition in which they were at the time of delivery. The Provider will not accept goods that have been repaired or damaged, goods with damaged or incomplete packaging, with traces of wear or excessive use, as well as scratches. The Provider will not accept goods that are not accompanied by all the accessories with which the goods have been delivered.

11.4 The user shall be obliged to return the goods purchased by him/her in the original package, accompanied by the labels intact, as well as all the documents with which the goods in question were delivered.

11.5 In the event that the User has purchased more than one identical item and wishes to return it to the Provider within the statutory 30-days period, it is mandatory that only one of these products has been opened. The other must be in a sealed package, otherwise they will not be accepted.

11.6 The return of goods by the User shall be done by sending the goods, by courier, to the address: Republic of Bulgaria, Sofia city, postal code 1616, 19 “Ilia Kutev” Street.

11.7 In order to return the goods to the Provider, the User shall fill in the following standard form pursuant to Annex 6 of the Consumer Protection Act, namely:

Standard form for exercising the right of withdrawal:

(please fill in and submit this form only if you wish to withdraw from the distance contract)

– To (the name of the provider, its address and, where applicable, fax number and e-mail address, to be filled)

– I hereby inform you that I am withdrawing from the distance contract for the purchase of the following goods, namely: …………….

– Ordered on / received on

– Name of the User

– Address of the User (s)

– Signature of the User (s)

– Date

11.8 After completing this form and making sure that the goods which the User wishes to return are eligible for return pursuant to article 11.3 of these Terms and Conditions of Use, the User must send the filled form at hello@climbro.com. Within 3 days of receipt of the form for exercising the right of withdrawal filled by the User, the Provider will contact the User to clarify the terms and conditions of return of the goods.

11.9 The return of the goods shall be the sole responsibility of the User and therefore the risk of damage or loss shall be borne by the User until the goods the delivery of the goods to the Provider. All costs related to the return of the goods are at the expense of the User.

XV. REIMBURSEMENT OF PAYMENTS

12.1 In the event that the delivered goods are visibly damaged and the User wishes reimbursement of the amount paid or the User wishes to exercise the right of withdrawal, the Provider shall be obliged to reimburse the amount paid within 14 days from the date on which the Provider is notified of the User’s intention to receive the amount paid.

12.2 If the amount has been paid with a card through the virtual POS terminal of the online shop, the amount will be refunded on the card from which the User has made the payment.

12.3 If the amount has been paid by bank transfer, the amount will be paid into a personal bank account specified by the User. The Provider shall not be liable for a wrongly specified bank account by the User.

12.4 The Provider shall notify the User by e-mail of the reimbursement of the amount paid.

XVI. FORCE MAJEURE

13.1 The Provider shall not be held liable for total or partial non-performance of the obligations under these Terms and Conditions if it is due to “Force Majeure” (Force Majeure). “Force majeure” means an extraordinary circumstance (event) that arose after the signing of the agreement, could not be foreseen and is not dependent on the will of the parties, such as: fire, industrial accidents, military actions, natural disasters – storms, torrential rains, floods, hailstorms, earthquakes, ice, drought, landslides, etc. natural elements, embargo, government bans, strikes, riots, etc.

13.2 In the event that the Provider has been unable to fulfill its obligations due to a force majeure, the Provider shall be obliged within 10 days to notify in writing the User of its occurrence, as well as the supposed period of validity and termination of force majeure.

XVII. RIGHTS, OBLIGATIONS AND LIABILITY OF USERS OF THE WEBSITE AND/OR THE APPLICATION

Permitted uses:

14.1 The User undertakes to use the website and/or the Application and their functionality legally and in accordance with these Terms and Conditions of Use.

14.2 The User has the right to review the contents of the website and/or the Application.

14.3 The User has the right to contact the Provider of this website.

14.4 The User has the right to purchase goods offered by the Provider on the website.

14.5 The User has the right to register only one account.

14.6 The User has the right to delete an account that he/she has registered at any time.

14.7 The User undertakes to update the information in the registered account in case of any change that has occurred.

14.8 The User is allowed to install and use the Application only on one device. The User shall own the device on which the Application will be installed and used.

14.9 The User has the right at any time, at his own discretion, to terminate the use of the Application by terminating his registration. From the moment of termination of the registration the contract between the parties is considered to be automatically terminated, and the Provider suspends the access of the respective User to his profile and has the right to suspend the access to and delete from the servers under his control all located by the respective User content. By uninstalling and/or deleting the Application from the respective mobile device, the contract between the parties is not terminated. The User saves his/her profile and has the right to use the Application from another mobile device.

Restrictions on use:

14.10 The User is not allowed to modify, copy, duplicate, create derivative or customized, separate or entire parts of the website and/or the Application.

14.11 The User is not allowed to provide to any third party in any manner and in any form, for any commercial or non-commercial purpose, any content, information, know-how or technology that is derived in part or in whole from the website and/or the Application.

14.12 The User is not allowed to publish, send or otherwise make computer viruses or the like.

14.13 The User is not allowed to disable and/or upset the full or partial functionality of the website and/or the Application as well as the services offered on the website and/or the Application.

14.14 The User is not allowed to generate excessive web traffic or to overload website traffic.

14.15 The User is not allowed to disrupt the operation of networks or servers that are related to the Services and may not interfere with the provision of services.

14.16 The User shall not attempt to gain unauthorized access to any part of the website and/or the Application or to the servers maintained and owned by the Provider.

14.17 The User undertakes to keep secret of his/her e-mail address, username and password for accessing of his/her registered account.

14.18 The User is not allowed to provide his account for use by others. The User is not allowed to use the accounts of other persons.

14.19 The User shall immediately notify the Provider of any unauthorized use of the username and password.

14.20 The User is not entitled to use the Provider’s trademark. The User is responsible for any actions he/she has done in connection with the use of the website and/or the Application.

14.21 The User is not allowed to send “spam”, “junk mail”, “chain letter” or any unsolicited commercial messages.

14.22 The User bears the full responsibility for the use of the Application by any third party who has gained access to it. The User shall further bear the full responsibility for any acts and omissions in violation of these Terms and Conditions.

14.23 The User shall not and shall ensure that no third party is able to lease, rent, sublicense, duplicate, share, lend, sell, give away, distribute, offer, assign or transfer in any way the Application to any third party, in whole or in part, in any form, whether modified or unmodified.

14.24 The User shall not and shall ensure that no third party is able to alter, modify, convert, translate or in any other way change the Application in any manner.

14.25 The User shall not and shall ensure that no third party is able to create any adaptation, customization, variant of the Application or other property of the Provider.

14.26 The User shall not and shall ensure that no third party is able to use the Application in an immoral or defamatory context, or in a way which can be thought illegal, offensive or derogatory.

14.27 The User shall not and shall ensure that no third party is able to use the Application in a way that violates any third party’s intellectual property right and any applicable law or regulation of any country, state, or other governmental entity.

14.28 The User shall not and shall ensure that no third party is able to misleadingly represent that the Application was created by the User or a person other than the Provider.

Rights reserved:

14.29 The Provider is the exclusive proprietor of the website and the Application and the design embodied within the website and the Application and owns all right, title and interest in and to the website and the Application and the design embodied, together with their organization, structure, code and related files. These Terms and Conditions do not grant the User any right, title or interest in or to the Provider’s Properties, except the grant of rights specifically stated in these Terms and Conditions. Use of the website and the Application in any other manner is strictly forbidden. All rights not granted by this license are expressly reserved.

Health:

14.30 Use of the Application is at the risk of the User. In order to use the Application the User shall be in a good general state of health.

14.31 Users shall be informed that before using the Application for the first time or while using the Applications, in case the User has any doubts about his/her health (for example: if the User is experiencing considerable pain, shortness of breath, nausea or dizziness, a general malaise) the User shall consult a doctor before starting or continuing with the use of the Application.

14.32 In case the User is aware of any pre-existing medical conditions the latter shall contact a doctor before start using the Application. Such medical conditions include, but are not limited to:

– lung or respiratory disease;

– asthma;

– neuromuscular disease;

– surgical interventions;

– cardiovascular disease;

– spinal and/or joint problems;

– any other health issues.

14.33 Users who are pregnant women and breastfeeding mothers shall not do the exercises offered on the Application.

14.34 The services and the information provided on the Application do not constitute a medical advice or a doctor’s advice. The services and the information provided on the Application do not constitute a medical examination or treatment by a doctor.

XVIII. RIGHTS AND OBLIGATIONS OF THE PROVIDER

15.1 The Provider may at any time make changes to the website and/or the Application at its sole discretion, without obligation to notify.

15.2 The Provider may at any time update, modify, expand, add or remove goods and services on the website and/or the Application.

15.3 The Provider may at any time make changes to the description and the prices of the goods offered for sale in the online shop.

15.4 The Provider shall have the right to cancel unconfirmed orders.

15.5 The Provider is entitled to temporarily suspend or terminate the provision of a service in case of violation and/or suspicion of breach of these Terms and Conditions of Use or in case of unfair behavior and/or suspicion of unfair behavior of the User.

15.6 The Provider has the right to refuse the creation of a new account of a User, whose account has been deleted or blocked.

15.7 The Provider is not obliged to control the manner in which the User uses the Application, and is not responsible for the purposes and activities of the User in connection with the use of the Application.

15.8 After receiving the payment, the Provider is obliged to process the goods ordered by the User and to transfer to the User the ownership of the goods that has ordered for purchase.

XIX. CHANGES TO THE APPLICATION AND PRICING

16.1 The User hereby agrees that:

The Provider shall not be responsible to the User for any modifications and changes to the Application that Provider could make at its discretion;
The Provider shall not be responsible to the User for any decision to discontinue, suspend or terminate the Application or any part(s) of it.

16.2 The Provider is allowed at its own discretion to:

Change and modify any features of the Application;
Remove or introduce new Application;
Change the prices for the Application at any time.

XX. PERSONAL DATA PROTECTION

17.1 The Provider collects and processes personal data of Users by applying all the standards for the protection of personal data under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. The Provider respects the privacy of Users and undertakes every effort to protect the personal data of Users against unlawful processing by applying technical and organizational measures, which measures are entirely consistent with state-of-the-art technological developments and provide a level of protection that corresponds to the risks associated with the processing and the nature of the data that should be protected. Detailed information on what personal data the Provider processes, the purposes of the processing of personal data, the period for the storage of personal data, as well as other information in fulfillment of the requirements of Article 13 of Regulation (EC) 2016/679 is available in the Privacy Policy at: https://climbro.com/privacy-policy

XXI. EXEMPTION FROM LIABILITY

Disclaimer of Warranties:

18.1 The Provider warrants and represents that the website and/or the Application offered by the Provider do not infringe any other intellectual property right. The Provider shall retain all right, title, and interest, including all intellectual property rights, in and to the website and/or the Application. The User agrees that the use of the website and/or the Application is at User’s sole risk as to satisfactory quality performance, accuracy and effort. The Provider licenses, and the User accepts the license to use the Application on an “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS” basis. The Provider makes no warranties regarding the function or use of the Application, whether express, implied, or statutory, including without limitation, any implied warranties of merchantability or adequacy for any specific purpose. The Application has not been produced in circumstances that could result in environmental damage. The User bears the whole risk for the quality, performance and use of the Application. The Provider does not guarantee that the functions included in the Application will meet User’s expectations or that the operation of the Application will be uninterrupted or error free or that the Application is without defects.

Disclaimer of Liability:

18.2 The Provider does not in any way give any guarantee that the website and/or the Application and their services will be available at any time and from anywhere in the world. The Provider does not guarantee that the website and/or the Application will remain unchanged and will be maintained indefinitely over time.

18.3 The information on this website and Application could include technical inaccuracies or errors although the Provider uses reasonable efforts to keep all the information on this website and Application up to date. The Provider takes the necessary steps to ensure that the Users have an uninterrupted access to the website and/or the Application and also maintains the website and/or the Application and services with the care of the good merchant for the purpose of providing services to Users with good faith. The Provider has the right to make changes and improvements to this website and/or the Application at any time without notice. The Provider assumes no liability or responsibility for any damages or losses incurred by the Users as a result of the use of this website and/or the Application and the information from this website and/or the Application.

18.4 The responsibility for the use of this website and/or the Application is entirely for the User as he/she operates and exploits its capabilities. The Provider assumes no liability or responsibility for any damages and adverse consequences associated with the use of this website and/or the Application, including in the event of material damage to the relevant technical device of the User.

18.5 The Provider shall not be held liable for acts performed by Users in violation of these Terms and Conditions of use. The Provider shall not be held liable for damages that are caused by false, misleading, inaccurate information provided by the Users of the website and/or the Application.

18.6 The Provider shall not be held liable for any damages resulting from a User’s fault, computer virus, omission, interruption or problem in the system itself, supporting the integrity and structure of this website and/or the Application.

18.7 The Provider shall not be held liable to any User whose personal data has been used by another User to use the services provided by the Provider.

18.8 The Provider shall not be held liable in case the User fails to receive a notification for changes made in these Terms and Conditions in case of accidental event and force majeure, as well as for technical or other reasons.

18.9 The Provider does not guarantee that the products and services and content posted on the website and/or the Application will meet the User’s expectations. In the event of any doubt as to the quality of any product or service or content posted on the website, the User should not use the website and/or the Application. If, in spite of these doubts, the User continues to use the website and/or the Application, the responsibility, together with all the consequences for that, lies with the User.

18.10 Provider’s liability to the User under any provisions of these Terms and Conditions for damages shall be limited to the amount paid hereunder by User to Provider in the 12-months prior to the date of the claim. To the maximum extent permitted by applicable law, in no event should Provider be liable to the User or any other party for any incidental, special, consequential or indirect damages, including but not limited to:

Any loss or damage that may result from User’s inability to use or access the website and/or the Application;
Any loss or damage that may result from any modifications, changes and adjustments which Provider might make to the website and/or the Application;
Any loss or damage that may result from any momentary or constant suspension or cessation of access to the website and/or the Application from any or all countries;
Any loss or damage that may result from any imperfection or defect of the website and/or the Application;
Any loss or damage that may result from any errors or omissions in the website and/or the Application;
Any loss or damage that may result from Provider’s failure to provide correct information to User;
Any loss or damage to any device software and hardware as well as any loss of information;
Any other kind of loss or damage including lost data, lost profits, lost savings, lost business opportunities, loss of goodwill, business interruption, work stoppage, computer failure, malfunction or damage, any claim brought by third party.

18.11 The User undertakes to notify the Provider in case of any claim or cause of action associated with User’s use of the website and/or the Application.

18.12 Provider and User agree that the limitations set forth in this article are an important component of these Terms and Conditions and that the price for the use of the Application is determined by taking into account the existence of these limitations.

18.13 The images posted on the website are of high quality to enable Users to gain the most accurate idea of the type and quality of the products. However, it is quite possible that there is an inconsistency between the actual colors and those displayed on the monitor of the individual User depending on the type of monitor and computer configuration of the User as well as its visual perceptions and the Provider is relieved of responsibility that the displayed monitor colors match the actual.

XXII. DISPUTE RESOLUTION

19.1 The Provider adheres to the highest standards of service to the Users and their interests.

19.2 In relation to para. 1 of this article, any dispute relating to an online purchase will be settled under the European Online Dispute Resolution platform, which can be found on the following website: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

19.3 The European Online Dispute Resolution platform aims to resolve disputes relating to online purchases without going to court while facilitating communication between the Provider and the particular User and helping to maintain good relationships for the future between them.

19.4 The European Online Dispute Resolution platform uses only quality independent dispute resolution bodies that have been approved for quality standards relating to fairness, efficiency and accessibility.

19.5 The dispute may also be referred to the Conciliation Committees of the Commission for Consumer Protection, which are the conciliation committees of the alternative dispute resolution.

XXIII. LINKS TO THIRD PARTY WEBSITES

20.1 The website of the Provider contains links to websites maintained by third parties (“Third Party Websites”) such as „Facebook“ button, „LinkedIn” button, “YouTube” button and “Instagram” button. All third party websites accessible through this website are independent and the Provider assumes no responsibility for damages and losses incurred by Users as a result of the use of these websites. The Provider is not responsible for the content on the Third Party Websites, and also for the presence of viruses or other harmful components on these websites.

XXIV. INTELLECTUAL PROPERTY RIGHTS. LIMITATIONS OF USE

21.1 The whole content on the website, including, but not limited to, all published texts, photographs, images, illustrations, graphics, computer programs, trademarks and any information posted on the website – is the exclusive property of the Provider.

21.2 Тhe content of the website of the Provider may only be used by Users of the website for personal, non-commercial use.

21.3 The use of the information contained on the website for commercial purposes, in any form (copying, modifying, downloading, selling, creating derivative works, reproducing, distributing, publishing, retransmission, etc.) is strictly prohibited. Users assume all liability from the use of the content of the website in violation of the rights of the Provider and the User is entitled to full compensation for the damage caused by the User.

21.4 Access to the website and the services provided on the website shall in no way be considered and interpreted as a free provision of licenses or intellectual property rights.

21.5 Reproduction of the content of the website or any part of it is done only with the written consent of the Provider.

21.6 Retrieving information from database resources located on the Provider’s website and subsequently creating the User’s own database in electronic or other form will be considered a violation.

21.7 The Provider is the exclusive proprietor of the Application and the design embodied within the Application and owns all right, title and interest in and to the Application and the design embodied, together with its organization, structure, code and related files. The Application and design embodied within the Application are protected by copyright, design and other intellectual property laws of the Republic of Bulgaria as well as other international treaties. Any use of the Application as well as its organization, structure, code and related files not expressly permitted by these Terms and Conditions constitutes an infringement on intellectual and industrial property rights. The Application is not sold to the User even after its installation on User’s personal device.

21.8 Use of Provider’s trademark without his consent is a violation of the law. The trademark “Climbro” is protected by the applicable law. Nothing in these Terms and Conditions shall be construed as а permission to grant the right to use the posted on the website and/or the Application trademark. Users are forbidden to make any changes to the trademark of the Provider.

XXV. TRANSFER OF RIGHTS PROHIBITED

22.1 The User is forbidden to assign in any way the rights and obligations under these Terms and Conditions to any third party without Provider’s prior written permission. The User is forbidden to lease, rent, sub-license, lend, give, further distribute or transfer in any way the rights and obligations under these Terms and Conditions to any third party without Provider’s prior written permission. The User undertakes not to provide access to his User’s account to any third party and to keep the login information to the account in strict confidentiality.

22.2 Any assignment and transfer in violation of these Terms and Conditions shall be considered invalid, void or unenforceable.

XXVI. BREACH AND TERMINATION

23.1 The Provider might terminate User’s rights to use the Application and User’s account at any time by written notice to the User in the following cases, but not limited to:

If the User breaches any of the terms and conditions of these Terms and Conditions;
When the User performs actions that violate the reputation, the security and functioning of the website and/or the Application;
If other person than the User has used the Application using User’s access rights;
In case of violation of the Provider’s intellectual property rights;
If the User becomes a competitor of the Provider by developing, licensing or distributing similar Application or services;
On receipt of an order from a competent state authority;
If requested by the User by e-mail (self-initiated account deactivations);
Due to continuous periods if inactivity;
Nonpayment of fees owned by the User in connection with the use of the Application;
In other reasonable circumstances as determined by the Provider at its discretion.

23.2 In the event of suspension of User’s rights to use the Application the User shall immediately uninstall the Application and deactivate his/her account. The User shall confirm in writing that the foregoing requirement has been completed. The User shall have no further right to use the Application in accordance with these Terms and Conditions. The User agrees that the Provider will not be liable for any termination of User’s account or access to the Application and/or the website.

23.3 In the event of suspension of User’s rights to use the Application the Provider shall not be held liable for any damages suffered and lost profits by the User or third parties, which occurred as a result of the User’s suspension of the User’s profile, termination of his registration as well as following the provision of information or execution of orders to the competent state authorities.

XXVII. FINAL PROVISIONS

Governing Law and Jurisdiction:

24.1 The whole Terms and Conditions are subject to the laws of the Republic of Bulgaria. All issues that are not explicitly regulated in these Terms and Conditions shall be governed by the provisions of the current Bulgarian legislation. Any disputes between the Provider and the User arising out of these Terms and Conditions shall be settled amicably by the parties. If the dispute cannot be resolved amicably, it shall be referred for settlement to the competent court.

Severability:

24.2 Should one or more provisions of these Terms and Conditions be found to be invalid, void or unenforceable, such provision(s) shall be deemed severable from the remainder of these Terms and Conditions and shall not affect the validity and/or enforceability of the remaining provisions of these Terms and Conditions, which will remain in full force and effect.

Relationship of the Parties:

24.3 Neither party is, nor shall either party represent itself as, an agent, employee, representative or partner of the other party. Neither party shall have any right, power, or authority to enter into any agreement for or on behalf of the other party, to incur any obligation or liability or otherwise bind the other party. These Terms and Conditions are not intended to create an agency, partnership, association or joint venture between the parties, or to impose any partnership liability upon either. Additionally, no party has the right to bind the other party, in any manner whatsoever and to any other person, except in accordance with the provisions of these Terms and Conditions.

Survivability:

24.4 The expiration or termination of these Terms and Conditions will not destroy or diminish the binding force and effect of any of the provisions of these Terms and Conditions that expressly, or by reasonable implication, come into or continue in effect on or after such expiration or termination.

Indemnification:

24.5 User shall defend, indemnify and hold harmless Provider, including its branches, successors, subsidiaries, as well as their directors, employees, shareholders and agents against any and all losses, damages, claims, expenses and costs of any kind arising from any use of the website and/or the Application other than the uses expressly permitted by these Terms and Conditions. If litigation is initiated and the competent court determines that the User has breached these Terms and Conditions, such party shall be liable and obliged to pay to the Provider the legal fees incurred by the Provider in connection with the litigation, including any appeals therefrom.

Notice:

24.6 All communications and notifications between the Provider and the User will be deemed to be valid if they are sent in writing.

Entire Agreement:

24.7 These Terms and Conditions constitute the entire agreement between the parties with respect to the use of the website and/or the Application and supersedes all prior or contemporaneous oral or written agreements concerning the same. No amendment or modification to these Terms and Conditions will be valid unless in writing and signed by both parties.

Disclosures:

24.8 The website and the Application are provided by “Climbro” Ltd., a company registered under the laws of Republic of Bulgaria and having its seat and registered address at: Republic of Bulgaria, Sofia city, postal code 1616, 19 “Ilia Kutev” Street. You may contact us by sending written correspondence to the above cited address or by emailing us at: hello@climbro.com .

Updates and upgrades:

24.9 Тhe Provider has the right to update these Terms and Conditions of Use at any time in the future. When this happens, the Provider will notify the Users 30 days before the changes become effective and the User will have the opportunity to accept or refuse to consent to the changes made. It is therefore advisable to carefully read such notice to make sure that you are familiar with any changes of the Terms and Conditions. If the User refuses to give his/her consent, the contract will be considered terminated from the moment of this will. Changes to the Terms and Conditions will be made available to Users through the publication on the Application and on the website. In case of further disagreement on the part of a User, the latter will have the opportunity to express this disagreement by sending a message to the Provider that he/she does not accept the changes, which will lead to automatic termination of the contract between the User and the Provider of the services provided through the Application, whereby the Provider has the right to immediately suspend the access of the respective User to his profile, to suspend his registration and to delete the User’s account.30