Terms of Service

Acceptance of Terms

Welcome to orbitflare GmbH ("orbitflare", "we", "us", or "our"). These Terms of Service ("Terms") govern your use of our fitness centres, services, website, and any related applications or services provided by orbitflare.

By accessing our facilities, using our services, or creating an account with orbitflare, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services or facilities.

These Terms constitute a legally binding agreement between you and orbitflare GmbH, a company registered in Germany with registration number HRB93784.

Membership and Services

orbitflare provides premium fitness and wellness services through our multi-location fitness centres. Our services include but are not limited to:

• Access to fitness equipment and facilities
• Group fitness classes and programmes
• Personal training services
• Wellness and nutrition guidance
• Member support and customer service

Membership grants you access to orbitflare facilities and services according to your chosen membership plan. Specific terms of your membership, including access rights, duration, and fees, will be outlined in your membership agreement.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to members.

User Obligations

As a member or user of orbitflare services, you agree to:

• Provide accurate and complete information during registration and keep your account information updated
• Follow all facility rules, safety guidelines, and staff instructions
• Respect other members, staff, and the facility environment
• Use equipment properly and report any damage or safety concerns immediately
• Maintain appropriate fitness attire and hygiene standards
• Pay all fees and charges on time as specified in your membership agreement
• Not share your membership access with unauthorised individuals
• Comply with all applicable laws and regulations while using our services

You are responsible for your personal belongings and understand that orbitflare is not liable for lost, stolen, or damaged personal items.

Any violation of these obligations may result in membership suspension or termination at orbitflare's discretion.

Health and Safety

Your health and safety are paramount. By using orbitflare facilities and services, you acknowledge and agree that:

• You are physically capable of participating in fitness activities
• You will consult with healthcare professionals before beginning any exercise programme if you have health concerns
• You understand the inherent risks associated with physical exercise and fitness activities
• You will immediately stop any activity that causes pain or discomfort and seek appropriate assistance
• You will follow all posted safety guidelines and equipment usage instructions

orbitflare provides general fitness guidance but does not provide medical advice. Always consult qualified healthcare professionals for medical concerns or before starting new fitness programmes.

Payment and Billing

Membership fees and service charges are specified in your membership agreement and are subject to the following terms:

• All fees are due and payable in advance according to your chosen billing cycle
• Payments must be made through authorised payment methods
• Late payments may incur additional charges and may result in membership suspension
• Price changes will be communicated with at least 30 days' notice
• Refunds are subject to the terms of your membership agreement and applicable law

All prices include applicable VAT. You are responsible for any additional taxes or fees imposed by your bank or payment provider.

Intellectual Property

All content, materials, and intellectual property associated with orbitflare, including but not limited to logos, trademarks, service marks, text, images, software, and design elements, are owned by or licensed to orbitflare and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use orbitflare's services and materials solely for your personal, non-commercial use as a member. You may not:

• Copy, modify, distribute, or create derivative works from our content
• Use our trademarks, logos, or brand elements without written permission
• Reverse engineer, decompile, or attempt to extract source code from our software
• Use our content for commercial purposes without authorisation

Any unauthorised use of orbitflare's intellectual property may result in legal action and immediate termination of your membership.

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 an integral 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 are committed to complying with the General Data Protection Regulation (GDPR) and all applicable data protection laws.

Please review our Privacy Policy to understand how we handle your personal data and your rights regarding that data.

Limitation of Liability

To the fullest extent permitted by applicable law, orbitflare's liability for any claims arising from your use of our services or facilities is limited as follows:

• orbitflare shall not be liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount of membership fees paid by you in the twelve months preceding the claim
• We disclaim all warranties except those that cannot be excluded by law
• This limitation applies regardless of the legal theory upon which the claim is based

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

You acknowledge that fitness activities involve inherent risks and agree to participate at your own risk, subject to applicable consumer protection laws.

Indemnification

You agree to indemnify, defend, and hold harmless orbitflare, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

• Your use of our services or facilities
• Your violation of these Terms
• Your violation of any rights of another party
• Your negligent or wrongful conduct

This indemnification obligation shall survive termination of your membership and these Terms.

Termination

Either party may terminate your membership and these Terms under the following circumstances:

• By You: You may cancel your membership according to the terms specified in your membership agreement and applicable consumer protection laws
• By orbitflare: We may terminate your membership immediately for breach of these Terms, non-payment, or conduct that endangers other members or staff
• For Convenience: Either party may terminate with appropriate notice as specified in your membership agreement

Upon termination:

• Your access to orbitflare facilities and services will cease immediately
• You remain liable for all charges incurred up to the termination date
• Certain provisions of these Terms will survive termination, including payment obligations and limitation of liability

Termination does not relieve you of any obligations that accrued prior to termination or affect any rights or remedies available to either party.

Governing Law

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

Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Cologne, Germany, and you hereby consent to the personal jurisdiction and venue of such courts.

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

Dispute Resolution

We encourage you to contact us directly to resolve any disputes or concerns. If a dispute cannot be resolved through direct communication, the following process applies:

• Disputes should first be addressed through our customer service team
• If unresolved, disputes may be escalated to management for review
• Legal proceedings may be initiated as a last resort in accordance with the governing law provisions

Consumer protection laws may provide additional rights and remedies that cannot be waived by these Terms.

Changes to Terms

orbitflare reserves the right to modify these Terms at any time. We will provide notice of material changes through:

• Email notification to your registered email address
• Posting notices at our fitness centres
• Updates on our website with the revised terms

Your continued use of orbitflare services after notice of changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you may terminate your membership according to the termination provisions.

We recommend reviewing these Terms periodically to stay informed of any updates.

Miscellaneous

These Terms, together with your membership agreement and our Privacy Policy, constitute the entire agreement between you and orbitflare regarding your use of our services.

• No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term
• If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force
• These Terms may not be assigned by you without our written consent
• Headings are for reference only and do not affect interpretation

Any questions regarding these Terms should be directed to our customer service team using the contact information provided below.

Contact Information

If you have any questions, concerns, or need clarification regarding these Terms of Service, please contact us: