Terms of Service

Acceptance of Terms

By accessing and using the baobabznci website (baobabznci.live) and services, you accept and agree to be bound by the terms and provision of this agreement. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and baobabznci B.V. ("Company," "we," "our," or "us").

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

These Terms apply to all users of the service, including without limitation users who are browsers, customers, merchants, contributors of content, or other users of the service.

Description of Service

baobabznci provides online fitness coaching services including personalised workout plans, nutrition guidance, progress tracking, and related wellness services through our digital platform. Our services are designed to help users achieve their health and fitness goals through professional guidance and support.

The specific services available may vary based on your chosen subscription plan and may be modified, updated, or discontinued at our discretion with appropriate notice to users.

User Accounts and Registration

To access certain features of our service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password and for all activities that occur under your account. You agree to immediately notify baobabznci of any unauthorised use of your account or any other breach of security.

You must be at least 16 years old to use our services. If you are between 16 and 18 years old, you must have parental or guardian consent to use our services.

User Obligations and Conduct

As a user of baobabznci services, you agree to:

• Provide accurate health and fitness information to ensure appropriate programme design
• Follow safety guidelines and recommendations provided by our coaches
• Use the service only for lawful purposes and in accordance with these Terms
• Respect the intellectual property rights of baobabznci and third parties
• Not share your account credentials with others
• Not attempt to gain unauthorised access to our systems or other users' accounts
• Not upload, post, or transmit any content that is harmful, offensive, or illegal
• Not interfere with or disrupt the service or servers connected to the service

You acknowledge that fitness and nutrition programmes involve physical activity and dietary changes that may pose certain risks. You agree to consult with healthcare professionals before beginning any fitness programme, especially if you have pre-existing health conditions.

Health and Safety Disclaimer

The fitness and nutrition information provided by baobabznci is for educational and informational purposes only and is not intended as medical advice. You should consult with a qualified healthcare provider before starting any fitness programme or making dietary changes.

You acknowledge that participation in fitness activities involves inherent risks of injury. You assume all risks associated with your participation in our programmes and agree that baobabznci and its coaches are not liable for any injuries or health issues that may occur.

If you experience any pain, discomfort, or other concerning symptoms during exercise, you should stop immediately and consult a healthcare professional.

Payment Terms and Billing

Our services are provided on a subscription basis with fees charged according to your selected plan. All fees are stated in Euros (EUR) and are inclusive of applicable VAT where required.

Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen plan. Payment is due immediately upon subscription and will automatically renew unless cancelled in accordance with our cancellation policy.

We reserve the right to change our pricing with 30 days' notice to existing subscribers. Price changes will not affect your current billing cycle but will apply to subsequent renewal periods.

All sales are final. We do not provide refunds except as required by applicable law or as specifically stated in our refund policy.

Intellectual Property Rights

The baobabznci service and its original content, features, and functionality are and will remain the exclusive property of baobabznci B.V. and its licensors. The service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

You are granted a limited, non-exclusive, non-transferable licence to access and use our service for your personal, non-commercial use only. This licence does not include any rights to:

• Resell or make commercial use of the service or its contents
• Distribute, publicly perform, or publicly display any part of the service
• Modify or otherwise make derivative works of the service or its contents
• Use any data mining, robots, or similar data gathering methods
• Download any portion of the service except as expressly permitted

Any unauthorised use terminates the permission or licence granted by baobabznci.

User-Generated Content

You may have the opportunity to submit, upload, or share content through our service, including but not limited to photos, progress updates, feedback, and communications with coaches. By submitting content, you grant baobabznci a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and distribute such content in connection with our service.

You represent and warrant that you own or have the necessary rights to submit any content and that such content does not violate any third-party rights or applicable laws.

We reserve the right to remove any content that violates these Terms or that we deem inappropriate in our sole discretion.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR).

Limitation of Liability

To the fullest extent permitted by applicable law, baobabznci B.V., its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the service.

In no event shall baobabznci's total liability to you for all damages, losses, and causes of action exceed the amount you have paid to baobabznci in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

You acknowledge that the fees paid by you reflect the allocation of risk set forth in these Terms and that baobabznci would not enter into these Terms without these limitations on its liability.

Indemnification

You agree to defend, indemnify, and hold harmless baobabznci B.V. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

This indemnification obligation will survive the termination of your account and these Terms.

Termination

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the service will cease immediately.

We may terminate or suspend your account and access to the service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, we may delete your account and all associated data. We are not obligated to retain any user data after account termination, though we may retain certain information as required by law or for legitimate business purposes.

The provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Jurisdiction

These Terms shall be interpreted and governed by the laws of the Netherlands, 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 the Netherlands, and you hereby irrevocably consent to the 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.

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

Dispute Resolution

We encourage you to contact us first to resolve any disputes informally. If we cannot resolve a dispute informally, any legal disputes arising from these Terms or your use of the service will be resolved through binding arbitration in accordance with the rules of the Netherlands Arbitration Institute (NAI).

The arbitration will be conducted in English in Utrecht, Netherlands. The arbitrator's decision will be final and binding on both parties.

Modifications to Terms

baobabznci reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

We will notify you of changes by posting the new Terms on our website and updating the "Last updated" date at the top of these Terms. We may also notify you via email or through our service.

Your continued use of the service after the effective date of any changes constitutes acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the service.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the service, constitute the entire agreement between you and baobabznci concerning the service and supersede all prior or contemporaneous communications and proposals.

Contact Information

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