Terms of Service

Last Updated: December 2024

These Terms of Service ("Terms") govern your use of the website and services provided by homertmbhh B.V. ("Company," "we," "our," or "us"). By accessing or using our services, you agree to be bound by these Terms.

Acceptance of Terms

By accessing, browsing, or using the homertmbhh website, mobile application, or any of our calisthenics training services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not use our services. Your continued use of our services constitutes ongoing acceptance of these terms, including any modifications we may make.

Company Information

homertmbhh B.V. is a Dutch limited liability company registered in the Netherlands:

• Company Name: homertmbhh B.V.
• Registration Number: B75541565
• VAT Number: NL55131137B01
• Address: Stationsweg 144, 5684 IR Eindhoven, North Brabant, Netherlands
• Email: legal@homertmbhh.live
• Phone: +31 408565272

Description of Services

homertmbhh provides calisthenics and bodyweight training services including:

• Online training programs and workout plans
• Personalized coaching and fitness guidance
• Educational content and technique tutorials
• Nutrition and wellness advice
• Community support and interaction platforms
• Workshops and training seminars

User Obligations and Responsibilities

As a user of homertmbhh services, you agree to:

• Provide accurate and truthful information when registering or using our services
• Maintain the confidentiality of your account credentials
• Use our services only for lawful purposes and in accordance with these Terms
• Respect the rights and privacy of other users
• Not engage in any activity that could harm, disable, or impair our services
• Comply with all applicable laws and regulations
• Consult with healthcare professionals before beginning any fitness program
• Exercise at your own risk and within your physical capabilities

Health and Safety Disclaimer

Our calisthenics training programs and fitness advice are provided for educational and informational purposes. You acknowledge that:

• You should consult with a physician before beginning any exercise program
• You participate in all activities at your own risk
• We are not liable for any injuries that may occur during training
• You are responsible for listening to your body and exercising within your limits
• Our advice does not replace professional medical guidance

Payment Terms

For paid services:

• All prices are listed in Euros (EUR) and include applicable VAT
• Payment is due at the time of purchase unless otherwise specified
• We accept various payment methods as indicated during checkout
• Subscription services will automatically renew unless cancelled
• Refunds are subject to our refund policy as communicated at time of purchase

Intellectual Property

All content, materials, and intellectual property on the homertmbhh platform, including but not limited to text, graphics, logos, images, videos, workout plans, training methodologies, and software, are the exclusive property of homertmbhh B.V. or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any of our content without our express written permission.

User-Generated Content

When you submit content to our platform (such as comments, photos, or feedback), you grant homertmbhh a non-exclusive, royalty-free, worldwide license to use, display, and distribute such content for the purpose of providing and improving our services. You represent that you have the right to grant this license and that your content does not violate any third-party rights.

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 information as described in our Privacy Policy.

Limitation of Liability

To the maximum extent permitted by law, homertmbhh B.V., its directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our services, including but not limited to personal injury, property damage, lost profits, or data loss. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless homertmbhh B.V. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your use of our services, your violation of these Terms, or your violation of any rights of another party.

Service Availability

We strive to maintain continuous service availability but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with or without notice. We are not liable for any modification, suspension, or discontinuation of our services.

Termination

Either party may terminate your access to homertmbhh services at any time, with or without cause, and with or without notice. Upon termination, your right to use our services will immediately cease, and we may delete your account and all associated data. Termination does not relieve you of any obligations incurred prior to termination. The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, limitation of liability, and governing law.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue 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 provisions. Any disputes arising under or in connection with these Terms 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 have the right to bring proceedings in the courts of your country of residence.

Dispute Resolution

Before initiating any formal legal proceedings, we encourage you to contact us directly to resolve any disputes. If you are a consumer in the EU, you may also have access to 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 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 intent of the original provision.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and homertmbhh B.V. regarding your use of our services and supersede all prior agreements and understandings, whether written or oral.

Contact Information

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

• Email: legal@homertmbhh.live
• Phone: +31 408565272
• Address: homertmbhh B.V., Stationsweg 144, 5684 IR Eindhoven, North Brabant, Netherlands