Terms of Service

Terms of Service

Latest update: 26/04/2023

These Terms of Service (hereafter “TOS“) define the terms and conditions of a contract for the provision of services between :

ATLAS FITNESS AB, a company incorporated the laws of Sweden with the registration number 559404-5469 and registered at the address: Bergtorpsvägen 56H, 183 64 Täby, Stockholms län, Sweden (hereafter the “Seller“)

AND

Any person soliciting the Seller in order to subscribe to the distance learning services offered by the Seller (hereafter the “Customer“).

Purpose and Scope of Application

These Terms of Service (hereinafter “TOS“) apply in the case of purchase of Goods or Services by the Customer from the Seller via the Website. These TOS define the reciprocal rights and obligations of the Seller and the Customer in the event of the purchase of Goods or Services by the Customer from the Seller via the Website.

The TOS set forth the rights and obligations of Seller and Customer (hereinafter referred to as the “Parties“). By subscribing to the training services of the Seller via the website pomilo.fr or opopop.academy (the “Website“), the Customer acknowledges having read and accepted these TOS. The TOS in force at the time of the subscription by the Customer to the Training Services of the Seller are deemed accepted without reservation by the Customer.

The TOS shall not apply in cases where the Customer subscribes to the Services offered by the Seller as a natural person or legal entity for professional purposes.

Purchases on the Website

The Customer may purchase the following Goods or Services from the Seller via the Website:

Classification	Reference	Type of purchase
Goods	Fitness programs accessible and delivered online (e-books in PDF format)	One-time purchase
Services	Online access to pre-recorded fitness training demonstrations	Subscription purchase

In order to purchase Goods or Services on the Website, the Customer shall:

Read and accept these TOS; and
Fulfill its obligations and comply with its obligations under these TOS; and
Pay the full price required to access the training during the period chosen by the Customer.

Services provided by the Seller

The purchase of Services correspond to an access to digital content on demand made available by the Seller to the Customer via a Customer Account on the Website which essentially comprises “on-demand” videos accessible on the Website (the “Video Content”), which provide and illustrate advice and exercises programs in the field of well-being and fitness.

Once the Customer has selected the Services and proceeded with full payment of the Services as provided hereunder, the Video Content made available by the Seller via access to the Customer Account created by the Customer after checkout on the Seller’s Website atlasfitness.io through which the Seller publishes the Digital Content and renders it accessible to the Customers.

The Customer shall follow the Seller’s instructions provided in order to access and visualize the Video Content made available by the Seller.

Goods provided by the Seller

The purchase of Goods correspond to an access to e-books in the PDF format on demand made available by the Seller to the Customer via a Customer Account on the Website (the “E-books”), which essentially comprises downloadable e-books which provide and illustrate advice and exercises programs in the field of well-being and fitness.

Once the Customer has selected the Services and proceeded with full payment of the Services as provided hereunder, the E-books made available by the Seller via access to the Customer Account if created by the Customer after checkout on the Seller’s Website atlasfitness.io or via e-mail if the Customer does not have a Customer Account on the Website through which the Seller renders the E-books purchased by the Customers available.

The Customer shall follow the Seller’s instructions provided in order to access, visualize and download the E-books made available by the Seller.

Unavailability of Goods or Services

The Seller reserves the right to modify any of the content of the Goods and Services provided to the Customer at any time. The Seller shall not be liable for the unavailability or modification of any part of the digital content of the Goods or Services for any reason beyond Seller’s control.

THE CUSTOMER ACKNOWLEDGES THAT:

The training content is provided via third party platforms and that Seller cannot ensure the continuous operation of third party platforms that host Seller’s training content; and
The Customer shall have sufficient Internet access and a computer operating system capable of supporting the viewing of High Quality (HD) video content online.
The Seller reserves the right to suspend Customer’s access to the Goods or Services provided via the Website at any time in the event of Customer’s failure to comply with these TOS.

Price and Payment

The prices of the Goods and Services are displayed on the Website and payable with the payment methods displayed on the checkout page of the Website. Intermediate costs necessary to access the Seller’s services such as internet access costs and the cost of the computer equipment necessary to access the Video Content and the E-books (i.e. Hardware) are to be paid by the Customer.

Purchase of Services on the Website

The Customer can choose between 3 different levels of Services as detailed on the Website.

The Payment of the Services corresponds to the payment of the total amount including all taxes of the Services selected by the Customer in the shopping cart as detailed at the checkout page of the Website. The Services are offered by the Seller to the Customer on a subscription basis, meaning that the Customer shall pay the full price of the Services in order to obtain continued access to the Services during the payment term chosen by the Customer among the following payment terms:

Monthly payment: the Customer is automatically debited each month and the Customer has continuous access to the Services for 1 month; or
Annual payment: the Customer is automatically charged every year and the Customer has continuous access to the Services for 12 months.

The Services are offered by the Seller to the Customer on a subscription basis, where the payment for the Services is automatically renewed at the end of each payment term (i.e. monthly or annually as selected at the time of subscription to the Service), meaning that, if the Customer does not terminate the subscription in accordance with Section 4 of these TOS, the Customer will be automatically charged the amount corresponding to a new term and the Customer will be subscribed to the Service for a new term.

The Services are deemed purchased by the Customer on the date of acceptance of the payment of the Customer via the Website. The Seller shall render the Services accessible to the Customer via his/her Customer Account within 72 hours from the date of purchase of the Services.

Purchase of Goods on the Website

The Customer can purchase the Goods offered for sale by the Seller on the Website. Mainly, the Goods offered for sale on the Website are licenses to use downloadable E-books created by the Seller and provided in a PDF format.

When the Customer purchases Goods on the Website, the Customer purchases a non-transferable license to use the E-book for an unlimited time. By purchasing Goods on the Website, the Customer only acquires a right to use the E-books and its content for strictly individual use. The purchase of a license to use the Goods from the Seller does not give the Customer any right of ownership, right of resale, right of reproduction, right of distribution of the content or right of donation to third parties of these Goods.

The Payment of the Goods corresponds to the payment of the total amount including all taxes for the Goods selected by the Customer in the shopping cart as detailed at the checkout page of the Website. The Seller shall render the Goods accessible to the Customer via his/her Customer Account or via email if the Customer does not have a Customer Account within 72 hours from the date of purchase of the Goods.

Termination of the subscription to the Services
Termination by the Customer at any time

Termination at any time of the subscription to the Seller’s Services by the Customer corresponds to the termination of these TOS by the Customer, meaning the end of access to the Seller’s Services by the Customer and the end of any future recurring payment by the Customer for the payment of the Services by the Seller.

Termination at any time of the subscription to Seller’s Services by Customer may occur at any time and without cause. Termination at any time must be notified in writing to Seller by Customer to the following email address: contact@atlasfitness.io.

When the Customer demands the Termination at any time of the subscription to the Services as provided hereinabove, the Customer acknowledges that the direct debit for the subscription to the Seller’s Services will end on the next scheduled payment due date of the payment term for the Services in accordance with Article 3 of these TOS. Therefore, if the Customer wishes to terminate its subscription to Seller’s Services according to section 4.1 of these TOS prior to a payment renewal term, the Customer must notify Seller prior to the end of any payment term.

Termination by the Customer with the withdrawal right

In accordance with the Swedish Distance Contracts Act (Sw. lag 2005:59 om distansavtal och avtal utanför affärslokaler) the Customer, as a consumer, has the right to withdraw from the Agreement entered into with the Seller as it has been entered into on distance (withdrawal right).

However, any Services purchased on the Website by a Customer constitutes Digital Content to which the Customer expressly consents that the delivery starts immediately and in a dematerialized manner to the Customer Account upon validation of the purchase and to which no withdrawal right applies. Thus, any purchases of Services made through the Website, including but not limited to Videos, images, digital programs/explanations and any content within the Services rendered accessible through the Website is exempted from such withdrawal right of the User in accordance with Chapter 2 §11 Section 11 of the Distance Contract Act.

Termination by the Seller without cause

Termination of Seller’s subscription to the Services by Seller is the termination of these TOS by the Seller, meaning the end of Customer’s access to the Seller’s Services and the end of any future recurring payment by the Customer for the payment of the Services by the Seller.

Seller reserves the right to terminate or suspend any Customer’s subscription to the Services without cause and at any time by written notice to Customer at the email address used by Customer to subscribe to Seller’s Services.

In the event of termination by Seller during a term in which Customer has already paid the full amount for access to the Services for a certain term, Seller agrees to refund any amount paid by Customer for the corresponding payment term.

Termination of the sale of Goods
Termination by the Seller or the Customer

Termination of the sale of Goods corresponds to the termination of these TOS by either Party, meaning the end of access to the Goods or the Customer Account by the Customer and the reimbursement of any amount paid by the Customer for any purchased Goods via the Website.

Under these TOS, the Customer may not terminate at any time the sale of Goods after the purchase of any Goods on the Website.

However, the Seller shall be entitled to terminate the sale of Goods after any purchase made by the Customer at any time and without cause. In the event of termination of the Goods by the Seller in which the Customer has already paid the full amount for the Goods, the Seller agrees to refund any amount paid by Customer for the corresponding Good.

Termination by the Customer with the withdrawal right

However, any Goods purchased on the Website by a Customer constitutes Digital Content to which the Customer expressly consents that the delivery starts immediately and in a dematerialized manner to the Customer’s email or Customer Account upon validation of the purchase and to which no withdrawal right applies. Thus, any purchases of Goods made through the Website, including but not limited to E-books, Videos, images and any content within the Goods is exempted from such withdrawal right of the User in accordance with Chapter 2 §11 Section 11 of the Distance Contract Act.

Limitation of Liability

Seller’s general liability

The Website, the Goods, the Services and the Customer Account is provided “as is” and the Seller cannot guarantee that any of the aforementioned content, software and platforms will be free from faults or interruptions. The Seller warrants that it provides its best efforts to strive towards the proper functioning, security, validity of information and accessibility of the Website, the Goods, the Services and the Customer Account.

The Seller shall only be liable for gross negligence, intentional misconduct or fraudulent acts.

Exclusions of liability

In addition to the above and to the extent such limitation is permitted by law, the Seller shall not be responsible for:

Malfunction, security failure or unavailability of certain services of the Website; and
Any direct or indirect damage resulting from the information available on the Website, the Goods, the Services and the Customer Account;
for any indirect, punitive or consequential damages or losses caused to Customers or to third parties resulting from the Customer’s use of the Services contrary to these TOS;
for any indirect, punitive or consequential damages or losses including but not limited to loss of profit, loss of data, loss of business, loss of goodwill and loss of reputation emerging from the use of the Website, the Goods, the Services and the Customer Account by the Customer;
for any damages, losses or costs in connection with or due to any delays, interruptions, faults or inaccuracies relating to the Website or the Customer Account;
for any damages, losses or costs caused by a virus, malware, phishing or other technological attacks or harmful material that may infect your IT equipment and infrastructure being used for the Website;
for any fraudulent act conducted by any third party contacting you posing to be representing for example the Seller (i.e. ATLAS FITNESS) asking you to disclose your customer details such as password, logins etc.

THE CUSTOMER ACKNOWLEDGES THAT THE CONTENT OFFERED AND DISSEMINATED IN THE WEBSITE, THE GOODS, THE SERVICES AND THE CUSTOMER ACCOUNT IS PROVIDED FOR CUSTOMER’S INFORMATION ONLY AND THAT CUSTOMER IS SOLELY RESPONSIBLE FOR THE USE AND IMPLEMENTATION OF THE INFORMATION PROVIDED BY SELLER. ACCORDINGLY, SELLER SHALL NOT BE LIABLE FOR ANY USE AND APPLICATION OF THE SELLER’S INFORMATION OR FOR ANY DAMAGES CAUSED BY THE MISAPPLICATION OF INFORMATION OR ADVICE PROVIDED BY THE SELLER.

Personal data

When purchasing Goods or Services and during the delivery of Goods or Services to the Customer, the Customer’s personal data may be collected and processed by the Seller and its subcontractors, in particular:

Customer’s first and last name;
Customer’s e-mail address;
The Customer’s billing address.

The Seller, as the Data Controller, undertakes to implement all means reasonably available to it to ensure the confidentiality and secure storage of the data processed. The Customer’s personal data collected by the Seller shall be processed as detailed in the Privacy Policy of the Website.

Intellectual Property

The content, works, programs, text, images, videos and creations contained within the Website, the Goods, the Services and the Customer Account are subject to a reserved intellectual property right of the Seller. Any reproduction, exploitation, redistribution or use, even partial, of the elements provided by the Seller in the course of the provision of the Services or Goods is prohibited.

Partial Invalidity

If one or more of the provisions of these TOS are deemed invalid pursuant to an applicable law or regulation in force or a final decision of a competent court, the provisions not affected by this invalidation remain applicable in their entirety.

No waiver

The Seller has the right to exercise any right or remedy it has under these TOS at any time, even if such exercise is delayed, or if the Seller previously failed to exercise any right or remedy it is entitled to.

Applicable Law and Jurisdiction

If the Customer is dissatisfied with the Website, the Goods or the Services, please contact the Seller with the following contact@atlasfitness.io. In case of a dispute between the Customer and Seller, the Customer may file a complaint with the National Board of Consumer Disputes (Sw. Allmänna Reklamationsnämnden (ARN)) in Sweden, which provides alternative dispute resolution free of charge. For more information please refer to the website www.arn.se or https://arn.se/om-arn/Languages/english-what-is-arn/ A complaint to the National Board of Consumer Disputes must be in writing. Please note that certain limitations in time and value apply. More information on your consumer rights are available at www.konsumenternas.se.

The Customer also have the right to use the European Union’s online dispute resolution Reseller Platform available at https://ec.europa.eu/consumers/odr/main/?event=main.trader.register. More information about online dispute resolution is available at www.konsumenteuropa.se

If legal actions are brought against the Seller by the Customer, the courts of Sweden shall have jurisdiction to settle any dispute. The Seller does however have the right to bring legal action against you with a court in another country if the Customer is resident in or hold assets in such a country.

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