By signing up for my services, you agree to comply with and be bound by these Terms and Conditions.

Overview
The terms “I”, “my”, “mine”, and “Jagoda” refers to Jagoda Vitez, The Home Of Good Thoughts, osebnostno svetovanje, s.p.. The terms “Customers”, “you”, and “your” refer to customers and any other users of my services. The term “Services” includes my programs and any other products provided by me.

Use of the Services
To use the Services, you must be at least 18 years old and have the necessary authority to agree to these Terms and Conditions. Persons under the age of 18 are prohibited from using the Services. I reserve the right to modify any information provided, regardless of its source (hereinafter “Content”) without prior notice. I do not guarantee that the Content is accurate, complete, reliable, current, or error-free. Jagoda assumes no liability for any inaccuracies, errors, or omissions in the Content.
Jagoda is domiciled in Slovenia. Content may not be appropriate or legal outside Slovenia. If you access the Site from outside Slovenia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Order of Services
I endeavor to describe and display my Services accurately. While I aim for accuracy, the Site may contain inaccuracies or errors, which I reserve the right to correct. I may refuse or cancel orders with incorrect pricing.
I will email you to confirm the placement of your order and provide details concerning the delivery of the Services or products. If there is an error in this email confirmation, it is your responsibility to notify me immediately.

Refusal of Services
I reserve the right to refuse service to anyone, at any time, for any reason, without explanation. An order is not considered accepted by me until payment has been processed. I may alter or discontinue any aspect of the Services, fulfilling my previous commitments to you, based on your payment.

Account Creation
To use the Services, you may need to provide information about yourself, including your name, email address, and other contact details. You agree to provide only accurate, correct, and up-to-date registration information. Impersonation or using an email address other than your own is prohibited. Your account must not be used for illegal or unauthorized purposes, and you must comply with the laws of your jurisdiction and Slovenia when using the Services.

Lawful Purposes
You may use the Services for lawful purposes only. You are responsible for all purchases made by you or on your behalf through Jagoda. You agree to use the Site and to purchase Services and any other products for legitimate, non-infringing purposes only. You are prohibited from posting or transmitting any content through the Site that infringes on the rights of others or is unlawful.

Cancellations, Refunds & Returns
Purchases of Services, products, or event tickets may or may not be eligible for a refund. Access to purchased Services and products is valid for the period for which fees have been paid, without extension. Any bonuses offered are non-refundable and can be canceled at any time.
My 4 and 10-week programs are always non-refundable. By signing up for a payment plan for these Programs, you are obliged to finish your payment plan.
All Services, Programs, and other products, including events, have their own refund policy on their sales/signup pages. Please review these terms carefully before signing up.
In the event of cancellation on your part and if you pay for Services or other products under a payment plan, you remain responsible for completing all scheduled payments until the outstanding balance is settled. Your commitment to the payment plan is not waived upon cancellation.
In the event of delayed payment, I reserve the right to impose an interest charge on the overdue amount. The interest rate will be calculated in accordance with Slovenian legislation.

Force Majeure
In the event of a delay or failure due to causes beyond my reasonable control, including but not limited to acts of God (“Force Majeure“, e.g., explosions, floods, fires, or accidents, wars, terrorism, civil disturbances, import or export regulations, embargoes, or pandemics), I will notify you as soon as practicable stating what has been canceled or delayed. If a Force Majeure event continues for more than 60 days, I may terminate the contract with immediate effect. I am not liable for damages arising from non-delivery due to causes beyond my reasonable control.

Materials You Submit to the Site
You shall not submit or otherwise make available on the Site any artwork, photos, or other materials (hereinafter “Materials”) protected by copyright, trademark, or other intellectual property rights without the express written permission of the owner of the rights. The burden of determining whether Materials are protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other intellectual property rights, or any other harm resulting from such a submission. For all Materials submitted to the Site, you automatically warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties. In the event that Jagoda is held liable by a third party for infringement of any material submitted by you, you shall indemnify Jagoda in full. The indemnification includes the assumption of any legal fees incurred by Jagoda as well as any intervention in a dispute.

Intellectual Property Rights to Your Materials
I claim no intellectual property rights to Materials you provide to Jagoda. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. By posting Materials on the Site, you grant us a worldwide, non-exclusive, irrevocable licence to use the Materials for promotional, business development, and marketing purposes. You also acknowledge that other Customers may use the material uploaded by you for their own purposes. In this case, you exempt Jagoda against any legal claims but address your claims directly to the infringer.

My Intellectual Property
The Services contain material and intellectual property owned by Jagoda, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any material and intellectual property, in whole or in part, without my prior written consent. You are also not permitted to copy my training programs and services by offering the same or similar training and services to third parties. I reserve the right to immediately remove you from the Services, without refund, if we suspect that you violate my intellectual property.
Nothing in these Terms and Conditions grants you any right to use any trademark, service mark, logo, and / or the name of Jagoda or her affiliates. My intellectual property is an essential and valuable asset, and I am prepared to take all legal steps necessary to protect my interests and seek appropriate damages.

Confidentiality and Data Protection
Information shared in the context of the Services is not confidential and may be seen by other Customers. For confidential information, communicate directly with Jagoda and indicate its confidential nature.
I may use Materials for analytical purposes, as well as to develop and enhance the content of my Services, Programs and other products and to create effective marketing tools.
Please note that coaching calls, webinars, and other audio or visual Services may be recorded and can be used in the future by Jagoda for business and promotional materials or in connection with the sale of any Services or products, unless you specifically request otherwise. If you would like to make such a request, please send an email to info@jagodavitez.com.

Warranty and Liability
Jagoda delivers her Services with professional diligence; however, it is important to understand that Jagoda does not guarantee success or specific outcomes. Jagoda is not liable for advice or financial or economic loss. You acknowledge that results may differ from person to person and are dependent on many factors (like a person’s background, level of dedication, etc.).
Jagoda assumes no responsibility for information provided by third parties (in particular by other Customers) during Programs or submitted to the Site. You acknowledge that such third-party information does not represent the opinion of Jagoda and Jagoda cannot guarantee the accuracy or reliability of such information.
Any liability in connection with the Services is completely excluded. The exclusion of liability applies to both direct and indirect damages. Liability for intent and gross negligence remains reserved. Jagoda is also not liable for consequential damages or loss of profit. Jagoda is also not liable for service failures due to Force Majeure and unauthorized actions by third parties (hacker attacks etc.).
In jurisdictions where my exclusion of liability is not legally enforceable, my liability shall be limited to the maximum extent permitted by law. Specifically, in such cases, my liability will be confined to the total fees paid by you for the Services purchased from me that are directly related to the claim.

Third-Party Resources
The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that I am not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Jagoda. You acknowledge sole responsibility for and assume all risks arising from your use of any such websites or resources.

Survival of Provisions
The provisions of these Terms and Conditions remain applicable beyond the end of the contract. This includes, in particular, the provisions on intellectual property, including the provisions on the Materials, the provisions on liability, and the provisions on the applicable law and the place of jurisdiction.

Indemnity
You shall indemnify and hold me harmless from and against all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of these Terms and Conditions, or any use by your use of the Site or Service. You shall provide me with such assistance, without charge, as I may request in connection with any such defense, including, without limitation, providing me with such information, documents, records, and reasonable access to you, as I deem necessary. You shall not settle any third-party claim or waive any defense without my prior written consent.

Notices
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and shall be made either via email or postal mail and sent to:

Customer Service: info@jagodavitez.com
Jagoda Vitez, The Home Of Good Thoughts, osebnostno svetovanje, s.p.
Bazoviška ulica 2
1000 Ljubljana
Slovenia
Please refer to the Commercial Register for information on Jagoda’s legal domicile.
Notices to you may be sent to the address or email supplied by you as part of your registration data. In addition, I may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

Electronic Communications
When you visit the Site or send emails to Jagoda, you are communicating with me through electronic means. You grant your consent to receive such communications. I will mainly communicate with you by email or by posting notices on the Site. I also may communicate with you through messenger services, Facebook groups, or any forms of social media. You agree that all agreements, notices, disclosures and other communications that I transmit to you through electronic means satisfy any legal requirements that would apply if such communications were in writing.

Exclusivity of Terms and Conditions
These terms and conditions apply exclusively between the parties. The validity of any Terms and Conditions of the customer is expressly excluded.

Severability
If any term, provision, covenant, or condition of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. The provision declared invalid, void, or unenforceable shall be replaced by a valid provision that corresponds as closely as possible to the meaning of the original provision.

Amendments to Terms and Conditions
Jagoda may amend these Terms and Conditions at any time. Changes will be communicated appropriately. Unless you object within 30 days of notification, amendments are considered accepted. The latest version of these Terms and Conditions is available on my main website (jagodavitez.com).
Should you choose to object to amendments, your objection will be deemed as an extraordinary termination of the Services. Services provided up to the termination will not be eligible for a refund.

Applicable Law and Place of Jurisdiction
The contractual relationship between the parties shall be governed by Slovenian law.
The exclusive place of jurisdiction shall be the registered place of business of Jagoda.
If the choice of applicable law and/or place of jurisdiction is not enforceable or valid in a particular jurisdiction, then in such jurisdiction, the parties agree that any disputes shall remain subject to the maximum extent of Slovenian law permissible under such jurisdiction’s laws. Furthermore, the parties agree that in such a case, jurisdiction shall be limited to the courts geographically closest to the registered place of business of Jagoda that are competent to hear such disputes.

May 2024