Terms of Service
Last Updated: December 2024
Effective Date: December 2024
Acceptance of Terms
These Terms of Service ("Terms") govern your use of nexivo B.V.'s fitness center, services, and website located at nexivo.world. By accessing our facility, using our services, or visiting our website, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you may not access or use our services. These Terms constitute a legally binding agreement between you and nexivo B.V., a company registered in the Netherlands under registration number 73920584.
About nexivo
nexivo B.V. operates a premium fitness center located at Vijverweg 206, 5030 VR Tilburg, North Brabant, Netherlands. We provide fitness services, personal training, group classes, nutrition guidance, and related wellness services to our members and clients.
Company Information
- Legal Name: nexivo B.V.
- Registration Number: 73920584
- VAT Number: NL804927613B01
- Address: Vijverweg 206, 5030 VR Tilburg, Netherlands
- Email: legal@nexivo.world
Membership and Services
Membership Agreement
Your membership with nexivo is governed by these Terms and any additional membership agreement you sign. Membership grants you access to our facilities and services according to your chosen membership plan and our operating hours.
Facility Rules
- Members must check in upon arrival and follow all posted facility rules
- Proper athletic attire and closed-toe shoes are required at all times
- Equipment must be used safely and returned to designated areas after use
- Personal training sessions must be scheduled in advance
- Children under 16 must be accompanied by a parent or guardian
- Photography and recording are prohibited without prior written consent
Health and Safety
You acknowledge that participation in fitness activities involves inherent risks. You represent that you are in good health and have no medical conditions that would prevent safe participation in our services. We recommend consulting with a healthcare provider before beginning any fitness program.
User Obligations
As a member or user of nexivo services, you agree to:
- Provide accurate and complete information when registering
- Maintain the confidentiality of your account credentials
- Use our facilities and services in a respectful and appropriate manner
- Follow all facility rules, safety guidelines, and staff instructions
- Respect other members, staff, and property
- Pay all fees and charges on time
- Notify us immediately of any changes to your contact or health information
- Not engage in any illegal, harmful, or disruptive behavior
Prohibited Activities
You may not:
- Use our services for any unlawful purpose
- Harass, intimidate, or discriminate against other members or staff
- Damage or misuse equipment or facilities
- Bring prohibited items into the facility
- Violate any posted rules or staff instructions
- Share or transfer your membership without authorization
Payment Terms
Fees and Billing
Membership fees and service charges are due according to your chosen payment schedule. All prices are in Euros (EUR) and include applicable VAT. We accept various payment methods as specified during enrollment.
Late Payments
Late payments may result in suspension of access to our facilities and services. Additional fees may apply for late payments or returned payments.
Refund Policy
Refunds are provided according to our refund policy as explained during enrollment and in accordance with applicable consumer protection laws.
Intellectual Property
All content, materials, and intellectual property associated with nexivo, including but not limited to our name, logo, website content, training programs, and proprietary methods, are owned by nexivo B.V. or our licensors and are protected by copyright, trademark, and other intellectual property laws.
License to Use
We grant you a limited, non-exclusive, non-transferable license to use our services for personal, non-commercial purposes in accordance with these Terms.
Restrictions
You may not copy, modify, distribute, sell, or lease any part of our services or content, nor may you reverse engineer or attempt to extract source code from our systems, unless laws prohibit those restrictions or you have our written permission.
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 forms part of these Terms. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.
We comply with the General Data Protection Regulation (GDPR) and other applicable privacy laws. For detailed information about our data practices, please review our Privacy Policy.
Limitation of Liability
To the maximum extent permitted by applicable law, nexivo B.V., its directors, employees, and agents 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 our services.
Fitness Activities Disclaimer
You acknowledge that fitness activities involve inherent risks of injury. You participate in all activities at your own risk and agree that nexivo is not responsible for any injuries or damages that may occur during your use of our facilities or services, except where such liability cannot be excluded by law.
Maximum Liability
Where liability cannot be excluded, our total liability to you for all damages arising from or related to these Terms or our services shall not exceed the amount you paid to nexivo in the twelve months preceding the claim.
Indemnification
You agree to indemnify and hold harmless nexivo B.V., its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law or regulation, or your violation of the rights of a third party.
Termination
Termination by You
You may terminate your membership or discontinue use of our services at any time by providing written notice according to your membership agreement terms. Termination procedures and any applicable fees are outlined in your membership agreement.
Termination by nexivo
We may terminate or suspend your access to our services immediately, without prior notice, if you breach these Terms, engage in prohibited activities, or for any other reason at our sole discretion, subject to applicable law.
Effect of Termination
Upon termination, your right to use our services will cease immediately. Provisions that by their nature should survive termination shall survive, including 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 conflict of law provisions. Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the competent courts in the Netherlands.
Consumer Rights
If you are a consumer, nothing in these Terms affects your statutory rights under applicable consumer protection laws, including your right to withdraw from certain contracts within the cooling-off period provided by law.
Dispute Resolution
We encourage you to contact us first to resolve any disputes. If you are a consumer resident in the EU, you may also submit complaints through the European Commission's online dispute resolution platform.
Changes to Terms
We may modify these Terms at any time by posting the revised Terms on our website. We will notify you of material changes through our website, email, or other appropriate means. Your continued use of our services after such notification constitutes acceptance of the modified Terms.
If you do not agree to the modified Terms, you must discontinue use of our services and may terminate your membership according to the termination procedures outlined in your membership agreement.
Miscellaneous
Entire Agreement
These Terms, together with our Privacy Policy and any membership agreement you sign, constitute the entire agreement between you and nexivo regarding your use of our services.
Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Contact Information
If you have any questions about these Terms of Service, please contact us:
nexivo B.V.
Vijverweg 206, 5030 VR Tilburg, Netherlands
Email: legal@nexivo.world
Phone: +31 408358197
Business Hours: Monday - Friday, 9:00 AM - 6:00 PM