Terms of Service

Last updated: December 2024

Acceptance of Terms

By accessing and using the services provided by Simplora B.V. ("Simplora", "we", "us", or "our"), including our website at simplora.top and personal training services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service constitute a legally binding agreement between you and Simplora B.V., a company registered in the Netherlands under KvK number 60391852, with its registered office at Hoofdstraat 43, 5077 IB Tilburg, North Brabant, Netherlands.

Service Description

Simplora provides personal training services, including but not limited to:

  • One-on-one personal training sessions
  • Small group training programs
  • Nutrition coaching and meal planning
  • Fitness assessments and progress tracking
  • Specialized fitness programs
  • Online support and guidance

All services are provided by qualified personal trainers and are designed to help clients achieve their fitness and health goals in a safe and effective manner.

Client Responsibilities

As a client of Simplora, you agree to:

  • Provide accurate and complete health information during your initial assessment
  • Inform us immediately of any changes to your health status or medical conditions
  • Follow all safety guidelines and instructions provided by your trainer
  • Arrive on time for scheduled sessions and provide adequate notice for cancellations
  • Respect other clients, staff, and facility equipment
  • Make payments according to the agreed schedule
  • Maintain appropriate hygiene and wear suitable workout attire

Health and Safety

Your health and safety are our top priorities. However, you acknowledge that:

  • Physical exercise involves inherent risks of injury
  • You participate in all activities at your own risk
  • You should consult with a physician before beginning any exercise program
  • You must disclose any medical conditions, injuries, or physical limitations
  • You will immediately stop any exercise if you feel pain or discomfort

If you have any medical conditions or concerns, we strongly recommend obtaining medical clearance from your healthcare provider before beginning our services.

Scheduling and Cancellation

Our scheduling and cancellation policies are as follows:

  • Sessions must be scheduled in advance and are subject to trainer availability
  • Cancellations must be made at least 24 hours in advance
  • Sessions cancelled with less than 24 hours notice will be charged the full session fee
  • No-shows will be charged the full session fee
  • Emergency cancellations will be considered on a case-by-case basis
  • Simplora reserves the right to cancel sessions due to trainer illness or unforeseen circumstances

Payment Terms

Payment terms and conditions include:

  • All prices are in Euros (EUR) and include applicable VAT
  • Payment is due according to the agreed schedule (per session, package, or monthly)
  • We accept various payment methods including bank transfer, card payments, and digital payments
  • Late payments may result in suspension of services
  • Package payments are non-refundable except as outlined in our refund policy
  • Prices may be adjusted with 30 days written notice

Intellectual Property

All content provided by Simplora, including but not limited to workout programs, nutrition plans, educational materials, and proprietary training methods, are the intellectual property of Simplora B.V. and are protected by copyright and other intellectual property laws.

You may not:

  • Reproduce, distribute, or share our proprietary training materials
  • Use our content for commercial purposes without written permission
  • Modify or create derivative works based on our content
  • Remove or alter any copyright notices or proprietary markings

The Simplora name, logo, and branding are trademarks of Simplora B.V. and may not be used without express written permission.

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. Please review our Privacy Policy to understand our practices.

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 applicable law, Simplora B.V. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services.

Our total liability to you for all claims arising out of or relating to these Terms or our services shall not exceed the amount you paid to Simplora in the twelve (12) months preceding the claim.

This limitation of liability applies regardless of the legal theory on which the claim is based, including contract, tort, negligence, strict liability, or any other basis.

Indemnification

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

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any third party right, including any copyright, property, or privacy right
  • Any claim that your use of our services caused damage to a third party

Termination

Either party may terminate the service relationship at any time with written notice. Specific termination conditions include:

  • Clients may terminate services with 30 days written notice
  • Simplora may terminate services immediately for breach of these Terms
  • Upon termination, you remain liable for all charges incurred up to the termination date
  • Unused sessions in prepaid packages may be refunded on a pro-rata basis at Simplora's discretion
  • Termination does not affect any rights or obligations that have accrued prior to termination

Force Majeure

Simplora shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or other similar causes beyond our reasonable control.

Governing Law

These Terms of Service shall be governed by and construed in accordance with 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 the parties hereby consent to personal jurisdiction and venue therein.

If you are a consumer resident in the European Union, you may also bring proceedings in your country of residence, and these Terms do not affect your statutory rights as a consumer.

Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or our services, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, it may be submitted to mediation before resorting to litigation.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Entire Agreement

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

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and updating the "Last updated" date. Your continued use of our services after such modifications will constitute acknowledgment and acceptance of the modified Terms.

Contact Information

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

Simplora B.V.
Hoofdstraat 43
5077 IB Tilburg
North Brabant, Netherlands

Email: legal@simplora.top
Phone: +31 104301013
KvK: 60391852
VAT: NL834792605B01