Terms of Service

Acceptance of Terms

Welcome to vividatlasora AG ("vividatlasora", "we", "our", or "us"). These Terms of Service ("Terms") govern your use of our website, services, and any related applications or platforms provided by vividatlasora. By accessing or using our services, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you may not access or use our services. These Terms constitute a legally binding agreement between you and vividatlasora AG, a company registered in Austria under registration number FN917358a.

Description of Services

vividatlasora provides group fitness retention strategy services to fitness centres and gyms. Our services include but are not limited to:

• Member engagement analytics and assessment
• Personalised retention program development
• Staff training and development programs
• Community building strategies
• Performance tracking and optimisation
• Consultation and advisory services

The specific scope of services will be detailed in separate service agreements or contracts between vividatlasora and the client.

User Obligations

By using our 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 services
• Not attempt to gain unauthorised access to our systems or networks
• Respect the intellectual property rights of vividatlasora and third parties
• Comply with all applicable laws and regulations
• Maintain the confidentiality of any proprietary information shared during service delivery

You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

Intellectual Property

All content, materials, methodologies, and intellectual property provided by vividatlasora, including but not limited to text, graphics, logos, software, and proprietary retention strategies, are the exclusive property of vividatlasora or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to use our services and access our content solely for the purposes outlined in your service agreement. You may not:

• Copy, modify, distribute, or create derivative works from our content
• Reverse engineer or attempt to extract proprietary methodologies
• Use our intellectual property for commercial purposes without written consent
• Remove or alter any copyright, trademark, or other proprietary notices

Any feedback, suggestions, or ideas you provide to vividatlasora may be used by us without restriction or compensation to you.

Payment Terms

Payment terms for our services will be specified in individual service agreements. Unless otherwise agreed:

• Fees are payable in Euros (EUR) within 30 days of invoice date
• All fees are exclusive of applicable taxes, which are your responsibility
• Late payments may incur interest charges as permitted by Austrian law
• Disputed invoices must be raised within 30 days of receipt

We reserve the right to suspend services for non-payment after appropriate notice.

Confidentiality

Both parties acknowledge that they may have access to confidential information during the course of our business relationship. Confidential information includes but is not limited to business strategies, member data, financial information, and proprietary methodologies.

Each party agrees to maintain the confidentiality of such information and not to disclose it to third parties without prior written consent, except as required by law or for the performance of services under our agreement.

Limitation of Liability

To the maximum extent permitted by Austrian law, vividatlasora 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 services.

Our total liability for any claims arising from or related to our services shall not exceed the total amount paid by you to vividatlasora in the twelve months preceding the claim.

This limitation of liability does not apply to damages caused by our gross negligence or wilful misconduct, or in cases where limitation is prohibited by mandatory Austrian law.

Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. While we strive to provide high-quality services, we do not guarantee specific results or improvements in member retention rates.

We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or meet your specific requirements.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Salzburg, Austria.

If you are a consumer within the European Union, you may also have the right to bring proceedings in the courts of your country of residence.

Termination

Either party may terminate the service relationship in accordance with the terms specified in the individual service agreement. In the absence of specific termination clauses:

• Either party may terminate with 30 days' written notice
• We may terminate immediately for breach of these Terms
• Termination does not relieve either party of obligations incurred prior to termination
• Confidentiality obligations survive termination

Upon termination, we will cease providing services and you must cease using our intellectual property and return or destroy any confidential information.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, or government regulations.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the intent of the original provision.

Modifications

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

If you do not agree to the modified Terms, you must discontinue use of our services.

Contact Information

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