Terms of Service

Last updated: 15 December 2024

Acceptance of Terms

By accessing and using the polydatzrh fitness membership platform and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and polydatzrh B.V. ("Company," "we," "our," or "us").

If you do not agree to these Terms, you must not access or use our services. Your continued use of our platform constitutes acceptance of any modifications to these Terms.

Company Information

polydatzrh B.V. is a company incorporated under the laws of the Netherlands with registration number B256325632 and VAT number NL62302532B05. Our registered office is located at Eikenlaan 153, 3590 PN Utrecht, Netherlands.

Service Description

polydatzrh provides online fitness membership services including personalised workout plans, nutrition guidance, progress tracking, and access to fitness expertise through our digital platform. Our services are designed to help users achieve their health and fitness goals through evidence-based training programs.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to users.

User Obligations

By using our services, you agree to:

  • Provide accurate and complete information when creating your account
  • Maintain the confidentiality of your account credentials
  • Use our services only for lawful purposes and in accordance with these Terms
  • Not share your account access with others
  • Consult with healthcare professionals before starting any fitness program if you have health concerns
  • Follow safety guidelines and exercise at your own risk
  • Respect the intellectual property rights of polydatzrh and third parties
  • Not attempt to reverse engineer, hack, or compromise our platform security

You are responsible for all activities that occur under your account and must notify us immediately of any unauthorised use.

Health and Safety Disclaimer

Our fitness programs and nutrition guidance are for general informational purposes and are not intended as medical advice. Before beginning any exercise program or making dietary changes, you should consult with your physician or healthcare provider, especially if you have any pre-existing medical conditions.

You participate in our fitness programs at your own risk. polydatzrh is not responsible for any injuries, health issues, or adverse effects that may result from following our exercise programs or nutrition recommendations.

Membership and Payment Terms

Membership fees are billed according to your selected plan (monthly or annually). All fees are non-refundable except as required by law or as specifically stated in our refund policy. We reserve the right to change our pricing with 30 days' notice to existing members.

Payment is due in advance for each billing period. If payment fails, we may suspend or terminate your access to our services. You are responsible for maintaining current payment information.

Free trials, when offered, are limited to new users and may require valid payment information. Trial accounts will automatically convert to paid memberships unless cancelled before the trial period ends.

Intellectual Property

All content on the polydatzrh platform, including workout plans, videos, articles, software, graphics, logos, and text, is the exclusive property of polydatzrh or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use our services for personal, non-commercial purposes only. You may not copy, distribute, modify, or create derivative works from our content without explicit written permission.

Any feedback, suggestions, or ideas you provide to polydatzrh may be used by us without restriction or compensation to you.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your data as described in our Privacy Policy.

We comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws in processing your personal information.

Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws or regulations
  • Infringing on intellectual property rights
  • Transmitting harmful, offensive, or inappropriate content
  • Attempting to gain unauthorised access to our systems
  • Interfering with the proper functioning of our services
  • Using our services for commercial purposes without permission
  • Creating multiple accounts to circumvent restrictions
  • Sharing copyrighted content from our platform

We reserve the right to investigate and take appropriate action against users who violate these prohibitions, including account suspension or termination.

Limitation of Liability

To the maximum extent permitted by law, polydatzrh and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of our services.

Our total liability to you for any claims arising from or related to our services shall not exceed the amount you paid to polydatzrh in the twelve months preceding the claim.

This limitation applies regardless of the legal theory upon which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise.

Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. polydatzrh disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our services will be uninterrupted, error-free, or completely secure. You acknowledge that your use of our services is at your own risk.

Termination

You may cancel your membership at any time by contacting our customer support or through your account settings. Cancellation will be effective at the end of your current billing period, and you will continue to have access to our services until that time.

We may terminate or suspend your account immediately, without prior notice, if you breach these Terms or engage in conduct that we determine is harmful to our business, other users, or third parties.

Upon termination, your right to use our services will cease immediately, and we may delete your account and data in accordance with our data retention policies.

Indemnification

You agree to indemnify, defend, and hold harmless polydatzrh and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising from your use of our services, your violation of these Terms, or your violation of any rights of third parties.

This indemnification obligation will survive termination of these Terms and your use of our services.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of the Netherlands.

If you are a consumer residing in the European Union, you may also bring proceedings in the courts of your country of residence.

Dispute Resolution

Before initiating any legal proceedings, we encourage you to contact us directly to resolve any disputes. We are committed to working with our users to address concerns in a fair and timely manner.

For EU consumers, you may also access the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect. The unenforceable provision will be replaced with an enforceable provision that most closely reflects the original intent.

Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and polydatzrh regarding your use of our services and supersede all prior agreements and understandings.

Changes to Terms

We may modify these Terms at any time by posting the updated Terms on our website. We will notify users of material changes through email or prominent website notice at least 30 days before the changes take effect.

Your continued use of our services after the effective date of any changes constitutes acceptance of the modified Terms.

Contact Information

If you have questions about these Terms or need to contact us regarding legal matters, please reach out to us:

polydatzrh B.V.

Eikenlaan 153

3590 PN Utrecht, Netherlands

Legal Email: legal@polydatzrh.top

General Contact: contact@polydatzrh.top

Phone: +31 706026266