Last Updated: 09/12/2024
1. Introduction
Welcome to ΚΑΛΟΝΟΜΟΣ ΚΩΝ. ΓΕΩΡΓΙΟΣ also known as “Optimize” (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website, online coaching services, training and nutrition programs, digital templates, merchandise, and related offerings (collectively, the “Services”). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must discontinue using the Services.
Our Company is incorporated under the laws of Greece, and these Terms shall be governed exclusively by Greek law. Although we offer Services worldwide, you agree that any disputes will be interpreted and enforced under Greek law and subject to the exclusive jurisdiction of the courts of Greece.
2. Eligibility and Access
2.1 Age Requirements:
You must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is older, to use our Services. Minors may access certain parts of the Services only with verifiable parental or guardian consent. The parent or guardian is fully responsible for the minor’s use of the Services.
2.2 Access Credentials:
For certain Services, such as our nutrition and training coaching bundles, we may provide you with a username and password for our app. You agree to maintain the confidentiality of your login credentials and to notify us immediately if you suspect any unauthorized use.
2.3 Right to Refuse or Suspend Access:
We reserve the right to refuse, suspend, or terminate access to the Services at our sole discretion if we believe you have violated these Terms, acted disrespectfully toward staff, or engaged in prohibited conduct.
3. Description of Services
3.1 Health and Fitness Offerings:
We provide online health and fitness-related services, including but not limited to:
Subscription-based coaching programs (generally 3-month contracts with monthly payments).
Measurement and assessment services (one-time services requiring a separate agreement).
Digital templates (workout plans, nutrition guides) and related merchandise.
Informational blog articles and educational content.
We may also facilitate access to licensed professionals (psychologists, physiotherapists) who operate under their own terms and professional regulations, separate from the Company.
3.2 Purchase Terms:
Coaching Contracts: By signing a coaching agreement, you commit to the contract duration. No refunds are provided once the agreement is signed.
Measurements and Assessments: One-time services with payment required before commencement. No refunds are offered.
Digital Templates and Merchandise: All sales are final, with no refunds.
3.3 Quality and Client Accountability:
Our materials, templates, and coaching advice are prepared with professionalism and care. Results depend on your adherence and commitment. We disclaim liability for unmet expectations where recommended guidelines are not followed.
4. Intellectual Property Rights
4.1 Company IP:
All content on our website and within our Services, including text, graphics, logos, videos, templates, training programs, and proprietary software, is the exclusive intellectual property of the Company or licensed to the Company. These materials are protected by Greek and international intellectual property laws.
4.2 Prohibited Use of IP:
You may not reproduce, distribute, modify, create derivative works, publicly display, republish, download, or transmit any of our Proprietary Materials without our prior written consent. Unauthorized use may result in legal action.
4.3 Trademarks:
All trademarks, service marks, and trade names appearing in the Services are owned by the Company or our licensors. You may not use such marks without express written permission.
5. User Behavior and Prohibited Activities
5.1 Prohibited Uses:
You agree not to:
Use the Services for any unlawful purpose.
Copy, reproduce, sell, resell, or misuse any Proprietary Materials without authorization.
Interfere with the security, operation, or proper functioning of the Services.
Engage in conduct that is harassing, harmful, or disrespectful to staff or other users.
6. Privacy and Data Protection
6.1 Data Collection and Use:
We collect and process personal data in accordance with our Privacy Policy and applicable laws, including GDPR. For details on how we handle personal data, please refer to our Privacy Policy.
6.2 Data Storage and Sharing:
All client data is stored securely, with access restricted to authorized personnel. We do not share personal data with third parties without your consent, except as required by law or for the fulfillment of the Services (e.g., payment processing).
7. Disclaimers and Limitation of Liability
7.1 Health and Fitness Disclaimer:
Our coaching and training guidance is informational and does not substitute medical advice. Consult a healthcare professional before starting any new fitness or nutrition program. If you do not follow our guidance or engage with professional coaching, you assume the risk of injury or adverse outcomes.
7.2 No Warranties:
Services are provided “as is” and “as available,” without warranties of any kind, express or implied. We disclaim all warranties to the fullest extent permitted by law.
7.3 Limitation of Liability:
To the maximum extent permitted by law, the Company, its directors, officers, employees, affiliates, and agents shall not be liable for indirect, consequential, incidental, or special damages arising from the use or inability to use the Services. Our total liability shall not exceed the amount paid by you for the specific Service giving rise to the claim.
8. Indemnification
You agree to indemnify and hold harmless the Company, its employees, coaches, and affiliates from any claims, damages, liabilities, costs, and expenses arising out of your breach of these Terms, misuse of the Services, or infringement of third-party rights.
9. Use of Analytics and Third-Party Tools
We use Google Analytics and similar analytical tools to understand how users interact with our Services. These tools collect non-personal information such as your IP address, device and browser information, pages visited, and time spent on pages. We use this information to improve our Services, identify trends, and enhance user experience.
Google Analytics may employ cookies or similar technologies to analyze user behavior. For details on how Google Analytics collects and processes data, please review our Privacy Policy. By using our Services, you acknowledge and consent to the processing of data about you by Google Analytics under these Terms and the Privacy Policy, subject to any opt-out measures you may take through your browser or the Google Analytics Opt-out Browser Add-on.
We select third-party tools that comply with applicable data protection laws, but we do not control these third parties’ data processing activities. Any information collected and processed by them is handled in accordance with their own terms and policies. If you have concerns, we recommend reviewing Google’s privacy policy and available opt-out options.
10. Governing Law and Dispute Resolution
These Terms and any dispute arising from them shall be governed exclusively by Greek law. You agree that any legal action or proceeding shall be brought before the competent courts of Greece, and you irrevocably submit to their jurisdiction.
11. Modifications to Terms
We reserve the right to update or modify these Terms at any time. In the event of material changes, we will notify you by email or by posting a notice on our website. Your continued use of the Services after revised Terms are posted constitutes your acceptance of those changes.
12. Termination
We may terminate or suspend your access to the Services at our sole discretion if you breach these Terms or engage in misconduct. Upon termination, provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution shall survive.
13. External Partner Services
Psychological and physiotherapy services are provided by external licensed partners under separate agreements. The Company is not liable for their acts, omissions, or advice, and your use of such services is at your own risk.
14. Miscellaneous
14.1 Severability:
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.2 Entire Agreement:
These Terms, together with our Privacy Policy and any additional agreements you sign, constitute the entire agreement between you and the Company regarding the Services.
14.3 No Waiver:
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.
If you have any questions regarding these Terms, please contact us at [email protected].