General Terms of Service
1. Scope and Contractual Partner
These terms govern the contractual relationship regarding the use of the online fitness course “Get Your Dream Body out of Your Kid’s Room” (hereinafter referred to as the “Course”) between Nadia Zaiets, Luruper Hauptstrasse 114 (hereinafter referred to as the “Provider”), and the course participants.
The course content is provided on the platform www.kwiga.com/de.
and is accessible via the website nadiaspowerhour.org.
2. Course Content and Duration
2.1
The course consists of introductory videos, warm-ups, cardio sessions, workouts, and cool-downs.
2.2
Access to all content available at the time of conclusion of the contract, as well as to any content added during the term of the contract, is granted for a period of two months from the activation of access.
2.3
Subsequent additions and updates to the course content are intended and do not constitute a defect but form part of the overall concept, provided that the essential access to the originally agreed scope of services remains unaffected.
During the term of the contract, the content will be continuously maintained and expanded. The Provider is entitled to add new training videos within the scope of improvements, security updates, and adjustments to reflect the current state of sports science. The essential course components originally promised shall remain fully available for the duration of access.
3. Participation Requirements, Health and Liability
3.1
The exercises offered have been created to the best of the Provider’s knowledge and belief. They do not replace individual medical advice.
3.2
Participation is at the participant’s own responsibility. The Provider shall only be liable for possible health damages in cases of intent or gross negligence.
3.3
Before participating, customers — especially those with pre-existing medical conditions — must consult their physician.
4. Right of Withdrawal and Voluntary Refund
4.1
The statutory right of withdrawal pursuant to §§ 355, 356 of the German Civil Code (BGB) applies, provided and as long as customers have not agreed to the early commencement of performance and the expiration of the right of withdrawal (e.g., in the case of immediate access to digital content).
4.2
Independently thereof, the Provider guarantees:
“If you are not satisfied with the Course, you may terminate the contract within 14 days of the course start without stating reasons by simple notification — the participation fee will be fully refunded.”
5. Usage Rights and Protection of Content
5.1
The use of the course content is intended solely for the personal use of the purchaser. Sharing access data with third parties is expressly prohibited.
5.2
It is prohibited to store, reproduce, or distribute the course content outside the designated platform, in particular by technical means such as downloading or recording the videos (e.g., via YouTube Premium/Prime).
A violation shall be deemed to occur in particular if access data is shared with third parties or if course content is stored outside the platform through technical manipulation.
5.3
In the event of a culpable violation of the above prohibitions (Clauses 5.1 or 5.2), the participant shall be obliged to pay the Provider an immediately due and payable contractual penalty in the amount of EUR 1,000. The assertion of further damages exceeding the contractual penalty remains reserved.
5.4
All materials available in the course are protected by copyright. Any reproduction or distribution requires the express consent of the Provider.
6. Final Provisions
6.1
The law of the Federal Republic of Germany shall apply.
6.2
Should individual clauses be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
Translation Notice:
This English translation is provided for informational purposes only. In the event of any discrepancies or inconsistencies, the German version shall prevail and be legally binding.