ARTICLE 1 INTRODUCTORY PROVISIONS

These Special Terms and Conditions for the provision of diagnostic and consultation services (hereinafter referred to as the “STC”) govern the legal relationships arising from a service provision contract concluded via the platform https://healthprofile.digital, where the service provider acts on one side and the client on the other.

The service provider is the commercial company NINE SPORT s. r. o., with its registered office at Ambrova 33, 831 01 Bratislava, Company ID (IČO): 51 698 994, Tax ID (DIČ): 2120760323, VAT ID: not a VAT payer, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, File No.: 128373/B, e-mail: app@healthprofile.digital, telephone number: +421 907 899 003.

The client is a natural person (an individual athlete) or a legal entity (generally, but not exclusively, a sports club) that enters into a service provision contract. The client may also be a minor; in such a case, the contract is concluded on behalf of and for the account of the client by their legal guardian. In particular, the legal guardian pays the price for the provision of the service for the minor client, grants consent on behalf of the minor client to the processing of personal data, and provides the consents pursuant to Article 7 of the General Terms and Conditions; this does not affect the obligation of the minor client to comply with the obligations set out in the STC when the services are provided.

A consumer is a client – a natural person who, when concluding and performing the contract on the terms of use with the service provider, does not act within the scope of their business or other entrepreneurial activity or within the scope of the independent performance of their profession.

The contract is a service provision contract (hereinafter referred to as the “Contract”) concluded pursuant to Section 51 of Act No. 40/1964 Coll., the Civil Code, as amended (if concluded by a natural person), or pursuant to Section 262 of Act No. 513/1991 Coll., the Commercial Code, as amended (if concluded by a legal entity). Legal relationships arising from the Contract are governed by the legal order of the Slovak Republic and the law of the European Union. If the client is a consumer, the service provider shall be considered a trader for the purposes of these STC pursuant to Act No. 108/2024 Coll. on Consumer Protection, as amended. On the basis of the Contract, the client is entitled to the provision of services to the extent ordered.

The services consist of diagnostic and consultation services listed on the platform https://healthprofile.digital/diagnostika/. The services primarily include testing, evaluation, monitoring, and comparison of the client’s health and performance parameters under the professional supervision of a sports specialist in accordance with the Health Performance Protocol. The current description of the services is provided on the Hilbi platform, through which the service provider delivers the services – https://hilbi.com/sk/profile/health-profile/order/service and https://hilbi.com/sk/profile/health-profile/order/package. The content of the services may change depending on the development or modification of individual features. The services are available to the client only upon payment of the fee for their provision. The services may be provided only to clients who have an active client account established on the platform https://healthprofile.digital and who have paid the subscription fee for the use of the client account.

The Health Performance Protocol (hereinafter referred to as the “HPP”) is the official methodological and diagnostic standard of the service provider, which defines the scope, methodology, criteria, scoring, testing frequency, and rules for working with client data. The client acknowledges that compliance with the HPP is an essential condition for the correct interpretation of data, long-term monitoring of performance development, and comparability of results over time. The service provider is entitled to amend and update the HPP based on scientific findings, technological developments, or regulatory requirements; such updates do not constitute an amendment to the Contract nor a reduction in the quality of the ancillary service, but rather a change to the methodological standard for the provision of services. The service provider is the author of the HPP.

The Health Performance Score (hereinafter referred to as the “HPS”) is an anonymized comparative database of all clients.

If the client withdraws consent to the processing of personal data, it will not be possible to continue providing the services, which means that the provision of the services will be suspended without any entitlement to a refund of the price paid for the provision of the services or to any other financial compensation, until consent to the processing of personal data is granted again.

The service provider reserves the right to amend these STC without the client’s consent, as well as to change the scope, content, and quality of the services. The service provider shall inform the client in advance of any changes to the STC and of any changes to the scope, content, and quality of the services electronically (by e-mail). The service provider also reserves the right to change the availability of individual services. If the scope, content, or quality of the services is changed to the detriment of the client, the client shall be entitled to compensation.

Article 2 – Conclusion of the Contract

The client is entitled to order a specific service on the platform https://hilbi.com/sk/profile/health-profile/order/service and https://hilbi.com/sk/profile/health-profile/order/package. The client is obliged to provide all data required by the service provider.

The contract shall be deemed concluded on the date on which the service provider confirms the service order.

ARTICLE 3 METHOD OF SERVICE PROVISION

The services are provided through the service provider’s sports specialists, unless the service provider and the client exceptionally agree otherwise (e.g. if it is not possible to provide a sports specialist due to the client’s remote location). The service provider’s sports specialist performs professional supervision and interpretation of the client’s data generated during the provision of the services, whereby the data are entered into the client’s account either by the sports specialist or by the client in cooperation with the sports specialist.

The place and time of the provision of the services shall be agreed between the client and the service provider without undue delay after the conclusion of the contract.

The client agrees that the data obtained by the service provider from the client in the course of providing the services may be used by the service provider for the purposes of data analytics, comparative methods, and marketing (see Article 7 of the STC).

The client may also order the service on a one-off basis; however, for the purpose of conducting high-quality diagnostics and measuring the client’s progress in accordance with the HPP, the service provider may recommend regular ordering of the services. In the case of regular and long-term provision of services, the client is provided with a comparison of their data with the data of other persons (clients) through the HPS, for the purpose of comparing sports-medical parameters and the client’s progress.

In the event of non-compliance with the HPP and the instructions of the service provider or the sports specialist, the service provider shall not be liable for any inaccuracy, incompleteness, or limited interpretability of the outputs based on the client’s data. The client acknowledges that the HPP represents a long-term process of monitoring and evaluating the player’s health and performance condition and does not constitute a one-time examination. The value and quality of the services are conditional upon compliance with the HPP and the active cooperation of the client. The HPP does not replace medical diagnostics and serves solely as a supportive analytical tool.

If the client orders the provision of services or any activities similar to the services from the service provider’s sports specialist without the service provider’s knowledge, this shall be considered a material breach of the contract, resulting in the termination of the client account pursuant to Article 3 of the General Terms and Conditions of the service provider governing the relationships arising from the terms of use contract concluded via https://healthprofile.digital (hereinafter referred to as the “GTC”).

ARTICLE 4 PRICE FOR THE PROVISION OF SERVICES

The price for the provision of the services is stated at https://hilbi.com/sk/profile/health-profile/order/service and https://hilbi.com/sk/profile/health-profile/order/package. The service provider is not obliged to commence the provision of the services until the price for the provision of the services has been paid.

The client – a natural person – pays the price for the provision of the services via the Hilbi platform. The client – a legal entity – pays the price for the provision of the services on the basis of an invoice issued and delivered by the service provider, by transfer to the service provider’s bank account.

After payment of the price for the provision of the services, it is not possible to refund the paid amount to the client or provide compensation unless otherwise stated in these STC or unless generally binding regulations provide otherwise. This also applies in the event that the client’s account is terminated pursuant to Article 3 of the GTC.

ARTICLE 5 TERMINATION OF THE CONTRACT

1. The contract shall terminate upon the cancellation of the account pursuant to Article 3 of the GTC.
2. The contract shall also terminate pursuant to Article 6(4) of the STC.
3. The consumer has the right to withdraw from the contract without giving any reason within 14 days from the date of its conclusion. The consumer exercises the right of withdrawal from the contract by sending the withdrawal to the service provider’s email address. app@healthprofile.digital. The service provider expressly informs the consumer that they do not have the right to withdraw from the contract once the provision of the services has commenced.

ARTICLE 6 LIABILITY AND COMPLAINTS REGARDING SERVICES

The service provider’s services are provided “as available,” without any express or implied warranties, unless such warranties arise from applicable legal regulations, in particular consumer protection legislation or other specific laws. The service provider does not provide any guarantees that the services will always be uninterrupted or error-free, or that the content or data made available through the services will always be up to date, accurate, or suitable for the client’s specific purpose.

The service provider is not responsible for the content entered into the system by the client, nor for any consequences arising from the use of such content by the client or a third party. The client is solely responsible for the data they enter and for any conclusions or decisions they derive from the use of the services. To the extent permitted by applicable law, the service provider shall not be liable for: indirect or consequential damage, loss of profit or loss of data, damage to the client’s equipment or software, or damage caused by viruses or other malicious code arising from the use of the services, unless such damage was caused by the service provider’s intentional misconduct or gross negligence.

The service provider does not guarantee the results or performance of the services, as these depend on the quality, completeness, and accuracy of the input data provided by the client. Nothing in this article excludes or limits the service provider’s liability for death, personal injury, intentional breach of obligations, or gross negligence, nor for any other situations where such exclusion would be contrary to EU law or mandatory provisions of Slovak law.

If the services are not provided to the client for reasons attributable to the service provider and the contracting parties do not agree on alternative performance or on a different time and place for the provision of the performance, the client has the right to lodge a complaint regarding the services. The client may submit a complaint to the service provider via the service provider’s e-mail address. app@healthprofile.digital. The provider is obliged to process the client’s complaint within 30 days from the date of its receipt. If the complaint proves to be justified and the contracting parties do not agree otherwise, the provider shall refund the paid financial amount to the bank account specified by the client no later than 15 days from the date the complaint is resolved. Upon the refund of the financial amount to the client’s bank account, the contract shall terminate.

ARTICLE 7 INTELLECTUAL PROPERTY, LICENCES, CONTENT RIGHTS AND ADVERTISING

The service provider is the exclusive owner of all intellectual property rights to the Health Profile application, including, but not limited to, its software code, design, algorithms, databases, analytical tools, trade name, and know-how. Nothing in these STC grants the client the right to use these elements in any manner other than as expressly provided for in these terms and conditions.

By uploading content to the application, the client grants the service provider a non-exclusive, royalty-free, perpetual, worldwide, and transferable licence to use such content for the purposes of:

1. the operation, optimisation, and development of the service,
2. the creation of statistics, analyses, and derived outputs,
3. advertising and promotion of the services, including the display of the content in anonymised or aggregated form,
4. the development of new products and features.

This licence also includes the right to:

1. copying, making available, storing, and transmitting the content,
2. its modification, translation, adaptation, and integration into other outputs,
3. grant sublicences to third parties for the same purpose.

If the client provides any feedback, suggestion for improvement, or idea related to the services, the client thereby grants the service provider an irrevocable, royalty-free, perpetual, and worldwide licence to use it without any entitlement to remuneration or attribution of authorship.

The client acknowledges that the service provider is not obliged to publish, retain, or return any content uploaded by the client to the system.

The client must not replicate, decompile, reverse engineer, modify, rent, sublicense, or otherwise unlawfully use any part of the services in any manner, nor attempt to do so. Any such conduct may result in the immediate termination of the account and the possible assertion of a claim for damages.

The client expressly agrees that, within the provision of the services, the service provider may display advertising, sponsored, or partner content, including personalised advertising based on the client’s data or behaviour within the services. Such advertising content may be provided directly by the service provider or through third parties and may be displayed in the application, notifications, emails, or other communication channels associated with the service.

ARTICLE 8 COMMON AND FINAL PROVISIONS

In the event of a dispute, the service provider and the client shall attempt to resolve the dispute primarily out of court. If the dispute between the client and the service provider cannot be resolved out of court, the court having jurisdiction shall be the court according to the service provider’s registered office, and the governing law shall be the law of the Slovak Republic, unless generally binding legal regulations provide otherwise.

The consumer has the right to submit a request for redress to the service provider if a dispute arises between the consumer and the service provider concerning the exercise of rights arising from liability for defects, or if the consumer believes that the service provider has violated other consumer rights. The consumer has the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution body if the service provider has responded negatively to the request referred to in the previous sentence or has not responded within 30 days from the date of its submission. The proposal shall be submitted by the consumer to the competent alternative dispute resolution authority, without prejudice to the consumer’s right to seek judicial remedies. Further conditions relating to alternative dispute resolution are laid down in Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments to Certain Acts. The competent body for alternative resolution of consumer disputes is the Slovak Trade Inspection, Prievozská 32, 827 99 Bratislava 27, www.soi.sk or another competent authorised legal entity entered in the list of alternative dispute resolution bodies maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk)). The consumer has the right to choose which of the above-mentioned alternative dispute resolution bodies to contact. For the purposes of out-of-court resolution of disputes with consumers, the European Commission has developed an Online Dispute Resolution (ODR) platform. The consumer may also use this platform to resolve their disputes via the link http://ec.europa.eu/consumers/odr.

These STC are valid and effective as of 01 February 2026.