Terms of Service

1. Acceptance of Terms

Welcome to freshmomentis AG ("freshmomentis", "we", "our", or "us"). These Terms of Service ("Terms") govern your use of our website freshmomentis.pro and all related services provided by freshmomentis.

By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

We may update these Terms from time to time. Your continued use of our services after any changes constitutes acceptance of the new Terms.

2. Company Information

freshmomentis is a company incorporated under German law with the following details:

3. Description of Services

freshmomentis provides fitness brand development strategy services, including but not limited to:

• Brand strategy and positioning development
• Visual identity design and brand guidelines
• Member experience design and optimisation
• Growth strategy consultation and implementation
• Digital marketing strategy development
• Brand performance analysis and reporting

Specific services and deliverables will be outlined in individual service agreements or proposals provided to clients.

4. User Obligations

When using our website and services, you agree to:

• Provide accurate and complete information when requested
• Use our services only for lawful purposes and in accordance with these Terms
• Not interfere with or disrupt the integrity or performance of our website or services
• Not attempt to gain unauthorised access to our systems or data
• Respect the intellectual property rights of freshmomentis and third parties
• Comply with all applicable laws and regulations

4.1 Client Responsibilities

If you engage our services as a client, you additionally agree to:

• Provide timely feedback and approvals as required for project completion
• Supply necessary materials, information, and access as outlined in service agreements
• Make payments according to agreed terms and schedules
• Communicate any concerns or issues promptly and in good faith

5. Intellectual Property

5.1 Our Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, software, and design elements, is the property of freshmomentis or our licensors and is protected by copyright, trademark, and other intellectual property laws.

5.2 Client Work Product

Upon full payment for services, clients will receive ownership rights to the final deliverables specifically created for them, as outlined in the relevant service agreement. freshmomentis retains the right to:

• Use work samples for portfolio and marketing purposes
• Retain ownership of methodologies, processes, and general knowledge
• Continue using any pre-existing intellectual property or tools

5.3 Third-Party Materials

Any third-party materials used in our services remain the property of their respective owners. Clients are responsible for obtaining necessary licences for ongoing use of such materials.

6. Payment Terms

Payment terms for services will be specified in individual service agreements. General payment conditions include:

• All prices are quoted in Euros (EUR) unless otherwise specified
• VAT will be added to invoices where applicable
• Payment is typically required within 30 days of invoice date
• Late payment may result in interest charges and suspension of services
• Disputed invoices must be raised within 14 days of receipt

7. Limitation of Liability

To the maximum extent permitted by law, freshmomentis shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from or related to your use of our website or services.

Our total liability for any claims arising from or related to our services shall not exceed the total amount paid by you for the specific services giving rise to the claim.

We provide our services on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the accuracy, reliability, or availability of our services.

Nothing in these Terms shall limit our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited under applicable law.

8. Indemnification

You agree to indemnify and hold harmless freshmomentis, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any rights of another party
• Any content or materials you provide to us

9. Confidentiality

We respect the confidentiality of information shared by our clients. We agree to:

• Keep confidential any proprietary or sensitive information disclosed by clients
• Use confidential information only for the purpose of providing services
• Not disclose confidential information to third parties without consent
• Return or destroy confidential information upon request or project completion

This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

10. Termination

10.1 Termination by Either Party

Either party may terminate a service agreement with written notice as specified in the individual agreement. General termination conditions include:

• 30 days' written notice for ongoing services
• Immediate termination for material breach of contract
• Payment for all services provided up to the termination date
• Return of confidential materials and work product

10.2 Effect of Termination

Upon termination of services:

• All outstanding invoices become immediately due
• We will provide completed work product upon full payment
• Confidentiality obligations continue beyond termination
• Both parties are released from future obligations under the agreement

11. Governing Law

These Terms and any disputes arising from or related to our services shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of law principles.

Any legal proceedings arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Düsseldorf, Germany.

If you are a consumer resident in the European Union, you may also bring proceedings in the courts of your country of residence, and nothing in these Terms affects your statutory consumer rights.

12. Dispute Resolution

We encourage the resolution of disputes through direct communication. If a dispute cannot be resolved informally, we agree to attempt resolution through mediation before pursuing litigation.

For EU consumers, you may also use the European Commission's Online Dispute Resolution platform available at http://ec.europa.eu/consumers/odr/.

13. Force Majeure

Neither party shall be liable for any delay or failure to perform due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, or technical failures.

If a force majeure event continues for more than 60 days, either party may terminate the affected agreement with written notice.

14. Severability

If any provision of these Terms is found to be invalid 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 original intent.

15. Entire Agreement

These Terms, together with any individual service agreements and our Privacy Policy, constitute the entire agreement between you and freshmomentis regarding the use of our website and services.

No modification of these Terms shall be effective unless in writing and signed by both parties.

16. Contact Information

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