TERMS AND CONDITIONS

1 · Introduction

Welcome to PILATESwiss ® GmbH (“PILATESwiss,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your purchase of, access to, and participation in our online Postnatal Recovery Pilates course (the “Course”) delivered through Kajabi.com (the “Platform”). By clicking “I agree,” purchasing, or otherwise accessing any part of the Course, you (“Participant,” “you,” or “your”) accept and agree to be bound by these Terms.

2 · Eligibility & Health Disclaimer

1. Medical clearance: Participation is limited to individuals who have obtained written clearance from a qualified healthcare professional after childbirth.
2. Age requirement: You must be at least 18 years old (or the age of majority in your canton) to enrol.
3. No medical advice: All Course content is for general educational and fitness purposes only and is not medical advice. Always consult your physician or midwife before starting any exercise regimen.

3 · Account Creation, Access Period & Security

1. Single-user licence (12 months): Your enrolment grants one (1) named Participant non-transferable, non-shareable access to the Course for twelve (12) consecutive months from the purchase date.
2. Login credentials: You must keep your username, password, and any other access tokens confidential. Sharing or selling personal login details is strictly prohibited and may result in immediate suspension or termination of your account without any right to reimbursement.
3. Technical requirements: A stable internet connection and compatible device are required; you are responsible for meeting these technical prerequisites.

4 · Prices, Currency, Payments & Refund Policy

1. Currency: All prices are quoted and payable in Swiss francs (CHF).
2. Payments: Secure payment processing is provided exclusively through Stripe; Stripe’s own terms and privacy policy apply.
3. No refunds: All sales are final. PILATESwiss does not offer cancellations, withdrawals, cooling-off periods, or refunds of any kind once payment is completed, to the fullest extent permitted by Swiss law.
4. Chargebacks: Initiating a chargeback or payment dispute after receiving Course access constitutes a breach of these Terms. We reserve the right to pursue collection and recover any related costs.

5 · Participant Obligations

1. Safe practice: Stop immediately if you feel pain, dizziness, or any unusual symptoms and seek medical advice.
2. Environment & equipment: Ensure a clear workout space and use appropriate equipment (e.g., Pilates mat).
3. Code of conduct: You agree not to harass instructors or other users, upload unlawful or infringing content, or disrupt the Platform.

6 · Intellectual Property

1. Ownership: All videos, audio, text, graphics, PDFs, and other materials (“Course Materials”) are owned by or licensed to PILATESwiss and protected under Swiss and international intellectual-property laws.
2. Licence to you: You receive a limited, revocable, personal licence to stream or download Course Materials within Kajabi solely for your individual, non-commercial use during the 12-month access period.
3. Prohibited uses: You may not reproduce, redistribute, record, screen-share, sublicense, publicly display, or use Course Materials for teacher training or commercial purposes without our prior written consent.

7 · Privacy & Data Protection

Your personal data is processed in accordance with our Privacy Policy, which forms an integral part of these Terms. By enrolling, you consent to such processing and warrant that all data provided is accurate.

8 · Limitation of Liability

1. Assumed risk: Exercise carries inherent risks; you participate voluntarily at your own risk.
2. Extent of liability: To the maximum extent permitted by Swiss law, PILATESwiss, its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits or data.
3. Liability cap: In any event, our aggregate liability shall not exceed the amount you actually paid for the Course.

9 · Indemnification

You agree to indemnify and hold harmless PILATESwiss from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from your breach of these Terms or misuse of the Course.

10 · Suspension & Termination

We may, at our sole discretion, suspend or terminate your access without notice if you violate these Terms, share login details, or engage in fraudulent, abusive, or illegal conduct. Termination under this clause forfeits any right to reimbursement.

11 · Modifications to Course or Terms

We may modify Course content, pricing, or these Terms at any time. Material changes will be communicated via email or Platform notice. Continued use after changes take effect constitutes acceptance of the revised Terms.

12 · Governing Law & Jurisdiction

1. Applicable law: These Terms are governed by the substantive laws of Switzerland, excluding its conflict-of-law rules.
2. Venue: The competent courts of Zürich, Canton of Zürich, Switzerland shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.
3. Informal dispute resolution: You agree first to attempt an amicable resolution by emailing [email protected] before commencing formal proceedings.
4. Class actions: You and PILATESwiss waive any right to participate in class-action litigation.

13 · Severability

If any provision of these Terms is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced with a valid one reflecting the original intent as closely as possible.

14 · Entire Agreement

These Terms, together with the Privacy Policy and any purchase confirmation, constitute the entire agreement between you and PILATESwiss regarding the Course and supersede all prior agreements or understandings.

15 · Contact Details

Last updated: 24 April 2025