Terms of Service

1. Acceptance of Terms

Welcome to TrueMomentum AG. These Terms of Service ("Terms") govern your use of our website, services, and any related applications or platforms (collectively, the "Services") provided by TrueMomentum AG, a company registered in Austria.

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and TrueMomentum AG. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on our website.

2. About TrueMomentum

TrueMomentum AG is a professional fitness consultancy specialising in group training programme design. We are registered in Austria with the following details:

3. Services Description

TrueMomentum provides professional group training programme design services, including but not limited to:

• Custom group fitness programme development
• High-intensity interval training (HIIT) programme design
• Strength training programme creation
• Wellness and recovery programme development
• Programme assessment and optimisation
• Trainer education and support services
• Ongoing consultation and programme refinement

Our services are provided to fitness facilities, gyms, corporate wellness programmes, and other organisations seeking professional group training solutions. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time.

4. User Obligations

When using our Services, you agree to:

• Provide accurate, current, and complete information when requested
• Maintain the security and confidentiality of any account credentials
• Use our Services only for lawful purposes and in accordance with these Terms
• Respect the intellectual property rights of TrueMomentum and third parties
• Not attempt to gain unauthorised access to our systems or networks
• Not use our Services to transmit harmful, offensive, or illegal content
• Comply with all applicable laws and regulations
• Provide necessary cooperation for service delivery

You are responsible for all activities that occur under your account and for maintaining the confidentiality of any proprietary information shared during our professional relationship.

5. Intellectual Property

All content, materials, programmes, methodologies, and intellectual property provided by TrueMomentum, including but not limited to training programmes, exercise descriptions, educational materials, software, and documentation, are and remain the exclusive property of TrueMomentum AG.

We grant you a limited, non-exclusive, non-transferable licence to use our training programmes and materials solely for the purpose of implementing group training services at your specified facility. This licence does not permit:

• Resale, distribution, or sublicensing of our programmes to third parties
• Modification of programmes without written consent
• Use of programmes at locations other than those specified in our agreement
• Reverse engineering or copying of our methodologies
• Removal of copyright notices or proprietary markings

Any feedback, suggestions, or improvements you provide regarding our Services may be used by TrueMomentum without obligation or compensation to you.

6. Payment Terms

Payment terms for our Services will be specified in individual service agreements. Unless otherwise agreed:

• Payment is due within 30 days of invoice date
• All prices are quoted in Euros (EUR) and exclude applicable VAT
• Late payments may incur interest charges as permitted by Austrian law
• Disputed amounts must be raised within 14 days of invoice receipt
• Refunds are provided only in accordance with our specific refund policy

We reserve the right to suspend Services for accounts with overdue payments and to engage collection agencies or legal counsel for unpaid amounts.

7. Limitation of Liability

To the maximum extent permitted by Austrian law, TrueMomentum AG's total liability for any claims arising from or related to these Terms or our Services shall not exceed the total amount paid by you for Services in the twelve (12) months preceding the claim.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or operational delays
• Personal injury claims arising from programme implementation
• Third-party claims or damages

Our Services are provided "as is" without warranties of any kind, either express or implied. We do not guarantee specific results from programme implementation, as outcomes depend on various factors beyond our control.

You acknowledge that fitness activities involve inherent risks, and you assume full responsibility for proper programme implementation, participant screening, and safety measures.

8. Indemnification

You agree to indemnify, defend, and hold harmless TrueMomentum AG, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your use or misuse of our Services
• Implementation of training programmes at your facilities
• Your violation of these Terms or applicable laws
• Participant injuries or incidents during programme delivery
• Your breach of confidentiality or intellectual property obligations
• Third-party claims related to your use of our Services

9. Confidentiality

Both parties acknowledge that they may have access to confidential information during the course of our professional relationship. Confidential information includes:

• Proprietary training methodologies and programmes
• Business strategies and operational information
• Client lists and contact information
• Financial information and pricing details
• Any information marked as confidential

Each party agrees to maintain strict confidentiality and not disclose confidential information to third parties without written consent, except as required by law.

10. 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. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

Any disputes arising from or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of Graz, Austria. Both parties consent to the personal jurisdiction of such courts and waive any objection to venue.

Before initiating legal proceedings, the parties agree to attempt resolution through good faith negotiations and, if necessary, mediation through a mutually agreed mediator in Graz, Austria.

11. Termination

Either party may terminate the service relationship with written notice as specified in individual service agreements. In the absence of specific terms, either party may terminate with thirty (30) days' written notice.

TrueMomentum may immediately terminate or suspend access to our Services if you:

• Breach any provision of these Terms
• Fail to make required payments
• Engage in fraudulent or illegal activities
• Violate intellectual property rights
• Pose a security risk to our systems or other clients

Upon termination, your right to use our Services and access to training programmes will cease immediately. Provisions regarding intellectual property, confidentiality, limitation of liability, and governing law shall survive termination.

You remain liable for all charges incurred prior to termination, and we reserve the right to delete your account data in accordance with our data retention policies.

12. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, government actions, or technical failures.

The affected party must promptly notify the other party of such circumstances and make reasonable efforts to mitigate the impact and resume performance.

13. 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 replaced with a valid provision that most closely reflects the original intent.

14. Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and TrueMomentum AG regarding the use of our Services and supersede all prior or contemporaneous communications and proposals.

No waiver of any term or condition shall be deemed a continuing waiver, and our failure to enforce any provision shall not constitute a waiver of that provision.

15. Contact Information

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

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our Services after any changes constitutes acceptance of the modified Terms.

We encourage you to review these Terms periodically. For significant changes, we may provide additional notice through email or prominent website announcements.