Terms of Service

Acceptance of Terms

Welcome to nimbusharvester. These Terms of Service ("Terms") govern your use of our website, services, and facilities operated by nimbusharvester GmbH ("we," "our," or "us"), a company registered in Austria with registration number FN692170q.

By accessing our website at nimbusharvester.world, booking our services, or using our facilities, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these terms, you may not access our services.

These Terms apply to all visitors, users, and clients who access or use our personal training and wellness services.

Description of Services

nimbusharvester provides personal training and wellness services including:

• Individual personal training sessions
• Nutrition coaching and dietary guidance
• Wellness programmes and lifestyle coaching
• Fitness assessments and programme design
• Health and wellness consultations

All services are provided at our facility located at Praterstraße 180, 9579 Villach, Austria, or through digital consultations as agreed upon.

User Obligations

By using our services, you agree to:

Health and Safety

• Provide accurate and complete health information, including medical conditions, injuries, and medications
• Obtain medical clearance from your doctor before beginning any fitness programme if you have health concerns
• Follow all safety instructions and guidelines provided by our trainers
• Immediately inform trainers of any discomfort, pain, or health changes during sessions
• Use equipment properly and responsibly

Conduct and Behaviour

• Treat staff, trainers, and other clients with respect and courtesy
• Arrive punctually for scheduled appointments
• Maintain appropriate hygiene and wear suitable workout attire
• Respect our facility rules and guidelines
• Not engage in any illegal, harmful, or disruptive behaviour

Payment and Booking

• Pay for services according to agreed pricing and payment terms
• Provide accurate billing and contact information
• Give appropriate notice for cancellations or rescheduling
• Comply with our cancellation and refund policies

Booking and Cancellation Policy

Booking

• All appointments must be booked in advance through our designated booking system or by contacting us directly
• Bookings are confirmed upon receipt of payment or valid payment method
• We reserve the right to refuse service or cancel appointments in our sole discretion

Cancellation and Rescheduling

• Clients must provide at least 24 hours notice to cancel or reschedule appointments
• Cancellations with less than 24 hours notice may result in full session charges
• No-shows will be charged the full session fee
• Emergency cancellations will be considered on a case-by-case basis

Refunds

Refunds are generally not provided for services already rendered. Package refunds may be considered in exceptional circumstances at our discretion, subject to administrative fees.

Health and Medical Disclaimers

Our personal training and wellness services are designed to improve fitness and well-being, but they are not medical treatments. Important health considerations:

• Consult your doctor before beginning any new fitness programme, especially if you have pre-existing health conditions
• Our trainers are fitness professionals, not medical doctors, and cannot diagnose or treat medical conditions
• Nutrition advice is for general wellness purposes and does not replace medical nutritional counselling
• Results may vary based on individual factors including genetics, effort, consistency, and adherence to programmes
• We do not guarantee specific fitness or health outcomes

You participate in all activities at your own risk and assume responsibility for your health and safety.

Intellectual Property

All content on our website and in our programmes, including but not limited to text, graphics, logos, images, workout plans, nutrition guides, and software, is the property of nimbusharvester or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Permitted Use

• You may use our content for personal, non-commercial purposes only
• Workout plans and nutrition guides provided to you are for your personal use
• You may not reproduce, distribute, or create derivative works without written permission

Prohibited Use

• Copying, selling, or distributing our proprietary training methods or materials
• Using our content for commercial purposes without authorisation
• Reverse engineering our programmes or methods
• Removing copyright or trademark notices from any content

Privacy and Data Protection

We are committed to protecting your privacy and personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable privacy laws. Our collection, use, and protection of your personal information is governed by our Privacy Policy.

By using our services, you consent to the collection and use of your information as described in our Privacy Policy, which is incorporated into these Terms by reference.

For detailed information about how we handle your personal data, please review our Privacy Policy.

Limitation of Liability

To the fullest extent permitted by law, nimbusharvester, its directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from:

• Your use of our services or facilities
• Any injuries or health issues that may occur during or after training sessions
• Failure to achieve expected fitness or health results
• Loss of data or interruption of services
• Actions of other clients or third parties
• Equipment malfunction or facility issues beyond our reasonable control

Our total liability to you for any claims arising from these Terms or your use of our services shall not exceed the amount you paid for the specific service giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless nimbusharvester, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of our services or facilities
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any false or misleading information you provide
• Your negligent or wrongful conduct

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Austria, and you hereby consent to personal jurisdiction and venue therein.

If you are a consumer residing in the European Union, you may also bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under applicable EU consumer protection laws.

For EU residents, you may also use the European Commission's Online Dispute Resolution platform to resolve disputes: https://ec.europa.eu/consumers/odr

Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including breach of these Terms.

Grounds for Termination

• Violation of these Terms or our facility policies
• Inappropriate behaviour towards staff or other clients
• Non-payment of fees
• Providing false or misleading information
• Safety concerns or health risks

Effect of Termination

Upon termination:

• Your right to use our services will cease immediately
• You remain liable for all charges incurred up to the termination date
• Unused session credits may be forfeited depending on the circumstances
• Provisions that by their nature should survive termination will remain in effect

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, pandemics, or health emergencies
• Government orders or regulations
• Labour strikes or disputes
• Equipment failures or technical issues
• Utility outages or infrastructure problems

In such cases, we will make reasonable efforts to notify you and resume services as soon as practicable.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from these Terms.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with nimbusharvester, constitute the entire agreement between you and us regarding the use of our services.

These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter.

Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.

Material changes will be communicated through:

• Email notification to registered clients
• Prominent notice on our website
• In-person notification during your next visit

Your continued use of our services after any such changes constitutes acceptance of the new Terms.

Contact Information

If you have any questions about these Terms, please contact us: