Terms and Conditions

Last Updated: January 15, 2025

1. Agreement to Terms

Welcome to publiora.org. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and publiora.org ("Company," "we," "us," or "our") governing your access to and use of our website located at publiora.org, including all content, functionality, services, and products offered through the website (collectively, the "Services").

By accessing, browsing, or using our website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with any part of these Terms, you must immediately discontinue use of our Services.

Important Notice: These Terms contain provisions that limit our liability and require individual arbitration for any disputes. Please read these Terms carefully before using our Services.

2. Eligibility and Account Registration

2.1 Age Requirement

Our Services are intended for adults aged 18 years or older. Our fitness programs specifically target individuals over 40 years of age. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2.2 Account Creation

To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:

We reserve the right to suspend or terminate accounts that provide false, inaccurate, or incomplete information, or that violate these Terms.

3. Description of Services

publiora.org provides fitness-related information, educational content, workout programs, and guidance specifically designed for individuals over 40 years of age. Our Services include:

The specific features and availability of our Services may vary and are subject to change at our discretion without prior notice.

4. Medical Disclaimer and Health Information

Critical Health Disclaimer: The information and services provided by publiora.org are for educational and informational purposes only and are not intended as medical advice, diagnosis, or treatment.

4.1 Not Medical Advice

The fitness programs, exercise routines, nutritional information, and health-related content provided through our Services do not constitute medical advice and should not be relied upon as a substitute for professional medical consultation, diagnosis, or treatment.

4.2 Consult Healthcare Professionals

Before beginning any exercise program or making dietary changes, especially if you are over 40, you should consult with a qualified healthcare provider, particularly if you:

4.3 Assumption of Risk

Physical exercise involves inherent risks, including but not limited to muscle strains, sprains, fractures, cardiac events, and other injuries. By using our Services and following our programs, you acknowledge and voluntarily assume all risks associated with physical activity. You agree that you participate in any exercises or activities at your own risk.

4.4 Listen to Your Body

You are responsible for monitoring your own physical condition and limitations. Stop any exercise immediately if you experience:

Seek immediate medical attention if you experience any serious symptoms.

5. User Conduct and Prohibited Activities

When using our Services, you agree to comply with all applicable laws and regulations. You specifically agree NOT to:

We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions, including terminating accounts and reporting to law enforcement authorities.

6. Intellectual Property Rights

6.1 Ownership

All content on our website, including but not limited to text, graphics, logos, images, videos, audio clips, workout routines, articles, software, and compilation of content (collectively, "Content"), is the exclusive property of publiora.org or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes only. This license does not include the right to:

6.3 User-Generated Content

If you submit, post, or share any content through our Services (such as comments, testimonials, or feedback), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. You represent and warrant that you own or have the necessary rights to grant this license.

7. Payment Terms and Fees

7.1 Fees and Payment

Certain aspects of our Services may require payment of fees. All fees are stated in the applicable currency and are non-refundable except as expressly provided in our Refund Policy. By purchasing Services, you agree to pay all applicable fees and authorize us to charge your selected payment method.

7.2 Payment Processing

We use third-party payment processors to handle financial transactions. You agree to comply with the terms and conditions of these payment processors. We do not store your complete payment card information on our servers.

7.3 Subscription Services

For subscription-based services:

7.4 Price Changes

We reserve the right to change our fees at any time. We will provide notice of significant price changes before they take effect. Your continued use of the Services after a price change constitutes acceptance of the new fees.

8. Third-Party Links and Services

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by publiora.org. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party content or services.

We recommend that you review the terms and conditions and privacy policies of any third-party services that you access through our website.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

We do not warrant that the Services will meet your requirements or that the results obtained from using the Services will be accurate, reliable, or satisfactory. No advice or information obtained from us or through the Services shall create any warranty not expressly stated in these Terms.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL publiora.org, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above exclusions and limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless publiora.org, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using the account closure feature within your account settings. Upon termination, your right to use the Services will immediately cease.

12.2 Termination by Us

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, with or without notice, and without liability. Grounds for termination may include, but are not limited to:

12.3 Effect of Termination

Upon termination:

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us and attempt to resolve the dispute informally. Please send a written description of the dispute to our contact address listed below.

13.2 Binding Arbitration

If we cannot resolve a dispute informally, any legal dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the laws of Poland, rather than in court, except that you may assert claims in small claims court if your claims qualify.

13.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as part of a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13.4 Exceptions

Either party may seek equitable relief in court for infringement or misuse of intellectual property rights.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions. Any disputes not subject to arbitration shall be resolved in the courts located in Poland, and you consent to the personal jurisdiction of such courts.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and publiora.org regarding the use of our Services and supersede all prior agreements and understandings, whether written or oral.

18. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver by us of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

19. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms and all rights hereunder at any time without notice or your consent.

20. Contact Information

publiora.org

Address: 9/25 Aubree Dell Millsview, SA 2649, Poland

Phone: +2399166149

Email: [email protected]

Registration Number: 72437827

If you have any questions, concerns, or requests regarding these Terms, please contact us using the information above.

21. Acknowledgment

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. You also acknowledge that you have read and understood our Privacy Policy and Refund Policy.