TERMS AND CONDITIONS
These terms and conditions create a contract between You (hereinafter referred to as the “User” or “You”) and BRIGHTCYCLE LIMITED, a limited liability company dully registered under the laws of the Republic of Cyprus with registration number HE 415465 (hereinafter referred to as the “Company” or “We” or “Us”), (hereinafter referred to as the “Contract”).
1. Our Services
Under this Contract, the Company undertakes to provide the User with the Services (as defined below) the Company offers under the name NomadSport via the website www.NomadSport.world, other NomadSport websites or via the Company’s software applications and the User undertakes to pay for the Services. If You would like to have a mobile app to use the NomadSport Services, please check our website www.NomadSport.world to see if we have a mobile app for your end device and your end device's operating system.
Services/NomadSport Services constitute a technology platform based on chat-bot in telegram.org that enables You to use workout trainings and sport methodology(ies) created byan experienced and certified fitness and bodybuilding trainer (hereinafter referred to as the “Trainings” or “Exercise Program” or “Individual Exercise Program”).
Based on your ultimate fitness goal You may select the Exercise Program via chat-bot in telegram.org at t.me/nomadsportbot.
After entering information about the User, including but not limited to the last name and the first name, email address and/or phone number of the User, as well as other information necessary for entering the Contract, You will be able to pay for the selected Exercise Program.
The User is considered to accept the terms and conditions of this Contract at the moment of payment for the selected Exercise Program.
2. Use of the Services
2.1. User Requirements and Conduct
The NomadSport Services are not available for use by persons under the age of 18. You may not allow persons under the age of 18 (eighteen) to utilise personalized workouts or training unless they are monitored by You.
You agree to comply with all applicable laws when using the NomadSport Services, and You may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Company or any other party.
2.2. User Provided Content
The Company may, in its sole discretion, permit You from time to time to submit, upload, publish or otherwise make available to the Company through the NomadSport Services textual, audio, and/or visual content and information, including commentary and feedback related to the NomadSport Services, initiation of support requests, and submission of entries for competitions and promotions (hereinafter referred to as the “User Content”). Any User Content provided by You remains your property. However, by providing User Content to the Company, You grant the Company a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the NomadSport Services and the Company’s business and on third-party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.
You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content or You have all rights, licenses, consents and releases necessary to grant the Company the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor the Company’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide the User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove the User Content, at the Company’ssole discretion and at any time and for any reason, without notice to You.
2.3. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the NomadSportServices. Your mobile network’s data and messaging rates and fees may apply if You access or use the NomadSport Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
2.4. Access to Trainings
Access to Trainings is available via chat-bot in telegram.org at t.me/nomadsportbot after the User pays the Price of NomadSport Services, for Users who purchased an Individual Exercise Program – after the User receives a notification via chat-bot in telegram.org at t.me/nomadsportbot that his Individual Exercise Program has been compiled.
Access to Trainings is available within 35 (thirty-five) calendar days unless otherwise expressly provided in the description of a certain Training on the official website or chat-bot in telegram.org.
The User shall be properly equipped with all the necessary equipment required for the proper Training.
3. Price and Payment
The Price of the NomadSport Services is indicated at t.me/nomadsportbot (chat-bot in telegram.org). The money transfer for the Services under this Contract shall be made by cardor via the applicable online payment service. The Price of the Services under this Contractincludes both direct remuneration for the Services provided, as well as a license fee for providing access to the Trainings.
Payment is considered to be made when the funds are credited to the Company’s bank account.
4. Your Health
By rendering NomadSport Services the Company does not intend to provide any medical advice. The Services and information offered by the Company under the name NomadSportdo not constitute medical advice or doctor's advice. Nor are they a substitute for a medical examination or treatment by a qualified doctor.
You should always seek the advice of an appropriately qualified healthcare professional regarding (a) the safety and advisability of any given activity, or (b) any specific medical condition or symptoms.
If You have knowledge of any pre-existing medical conditions, we advise You to seek medical advice from a doctor urgently before You start using NomadSport Services. This applies in particular if You have knowledge of one or more of the following medical complaints/conditions/procedures: (i) cardiovascular disease, (ii) lung or respiratory disease (including asthma), (iii), spinal and/or joint problems, (iv) neuromuscular disease, (v) surgical procedures, (vi) any other health issues.
Our female customers should note that pregnant women and breast-feeding mothers should not do the Trainings offered by us.
5. Intellectual Property
Subject to your compliance with this Contract, the Company grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access the Training on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by the Company.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the NomadSport Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the NomadSport Services except as expressly permitted hereunder; (iii) decompile, reverse engineer or disassemble the NomadSportServices except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the NomadSport Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the NomadSport Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
6. Disclaimers
We, our affiliates, our partners, and our and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the content (including the User Content), including but not limited to its accuracy, reliability, completeness, timeliness, or reliability.
The NomadSport Services are provided “as is” and “as available.”
The Company disclaims all representations and warranties, express, implied, or statutory, not expressly set out in this Contract.
The Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the NomadSport Services, or that the Services will be uninterrupted or error-free.
You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with You, to the maximum extent permitted under applicable laws.
7. Limitation of Liability
The Company shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Services.
The Company shall not be liable for any damages, liability or losses arising out of your use of or reliance on the Services or your inability to access or use the Services.
The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control.
You acknowledge that the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions meet your requirements.
The physical activities to which the Services relate carry certain inherent risks including personal injury and/or property damage. You acknowledge that You undertake such activities entirely at your own risk.
Where You have been supplied the Services for domestic and private use only You agree not to use the Trainings for any commercial, business or resale purposes.
You acknowledge that the Services do not provide medical advice, fitness advice or other advice.
You are solely responsible for maintaining the confidentiality of the device through which You access the Services and for restricting access to your password and to your computer while logged into the Services. You accept responsibility for all activities that occur under your account or device.
Our maximum aggregate liability under or in connection with this Contract shall in all circumstances be limited to the amount You paid for the Services in the last 12 (twelve) months.
8. Indemnity
You agree to indemnify and hold the Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the NomadSportServices; (ii) your breach or violation of this Contract; (iii) the Company’s use of your User Content; or (iv) your violation of the rights of any third party.
9. Dispute Resolution
You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Cyprus to resolve any dispute or claim arising from this Contract.
10. Termination
If You fail, or the Company suspects that You have failed, to comply with any of the provisions of this Contract, the Company may, without notice to You: (i) terminate this Contract and You will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.
The Company further reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to You, and the Company will not be liable to You or to any third party should it exercise such rights.
11. Miscellaneous
11.1. Entire Contract
This Contract constitutes the entire agreement between You and the Company and governs your use of the NomadSport Services, superseding any prior agreements with respect to the same subject matter between You and the Company.
No joint venture, partnership, employment, or agency relationship exists between You and the Company as a result of this Contract or use of the NomadSport Services.
11.2. Contract Changes
The Company reserves the right at any time to modify this Contract and to add new or additional terms or conditions on your use of the NomadSport Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Contract. Your continued use of the NomadSport Services will be deemed acceptance thereof.
11.3. Severability Clause
If any part, term or provision of this Contract is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular part, term or provisions held to be illegal or invalid.
11.4. Governing Law
This Contract is governed by and construed in accordance with the laws of the Republic of Cyprus.
11.5. Assignment
You may not assign rights and obligations arising out of this Contract without prior written consent of the Company. The Company may assign rights and obligations arising out of this Contract without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of the Company’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
11.6. Notices
The Company may give notice by means of a general notice on the NomadSport Services, electronic mail to your email address, or by written communication sent by first class mail or pre-paid post to your address. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company on the NomadSport Services with such notice deemed given when received by the Company at any time, by email to: info@NomadSport.world