Terms of Service
Last updated: December 2024
Acceptance of Terms
Welcome to sequenuhwk! These Terms of Service ("Terms") govern your use of the sequenuhwk platform, website, mobile application, and services provided by sequenuhwk B.V., a company registered in the Netherlands with registration number A11055563 and VAT number NL23604852B02.
By accessing or using our services, creating an account, or purchasing a membership, 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.
These Terms constitute a legally binding agreement between you and sequenuhwk. We may update these Terms from time to time, and your continued use of our services after such updates constitutes acceptance of the revised Terms.
Description of Services
sequenuhwk operates a 24/7 gym membership platform that provides access to a network of partner fitness facilities across Europe. Our services include:
- Access to partner gym facilities through our membership platform
- Mobile application for finding gyms, managing memberships, and booking classes
- Customer support and member services
- Additional wellness and fitness-related services as described on our platform
sequenuhwk acts as an intermediary between members and partner fitness facilities. While we strive to maintain high standards, the actual fitness services are provided by our independent partner facilities.
Membership and Account Registration
To use our services, you must create an account and maintain an active membership. By registering, you represent that:
- You are at least 18 years of age or have parental consent
- All information provided is accurate, current, and complete
- You will maintain the accuracy of your account information
- You are legally capable of entering into binding contracts
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
sequenuhwk reserves the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activities.
Membership Plans and Billing
sequenuhwk offers various membership plans with different features and access levels. Membership fees are charged in advance on a monthly basis unless otherwise specified. By subscribing to a membership plan, you agree to:
- Pay all applicable fees and charges for your selected membership plan
- Provide valid payment information and authorize recurring charges
- Update payment information promptly to avoid service interruption
- Pay any applicable taxes, fees, or surcharges
Membership fees are non-refundable except as required by applicable law. If payment fails, we may suspend your access to services until payment is resolved. Price changes will be communicated with at least 30 days' notice.
User Obligations and Conduct
As a member of sequenuhwk, you agree to:
- Use the services only for their intended purpose and in compliance with all applicable laws
- Respect the rules and policies of partner gym facilities
- Treat other members, staff, and property with respect and courtesy
- Provide accurate information and maintain current account details
- Not share, transfer, or resell your membership to others
- Not engage in any disruptive, abusive, or illegal behavior
- Not attempt to circumvent security measures or access restrictions
Violation of these obligations may result in membership suspension or termination, and you may be held liable for any damages or costs incurred as a result of your misconduct.
Partner Facility Access and Rules
Your sequenuhwk membership provides access to partner facilities subject to their individual terms, rules, and availability. You acknowledge that:
- Partner facilities may have specific rules, hours, and access requirements
- Some services or areas within facilities may require additional fees or reservations
- Facility availability may change due to maintenance, events, or other circumstances
- sequenuhwk does not control the day-to-day operations of partner facilities
You must comply with all partner facility rules and policies. Violations may result in being banned from specific facilities and potential membership termination.
Health and Safety
Exercise and fitness activities involve inherent risks. By using our services, you acknowledge that:
- You participate in fitness activities at your own risk
- You are responsible for assessing your own health and fitness level
- You should consult with healthcare professionals before beginning any exercise program
- You will follow all safety guidelines and use equipment properly
sequenuhwk strongly recommends that you obtain medical clearance before engaging in physical exercise, especially if you have any health conditions or concerns.
Intellectual Property
The sequenuhwk platform, including its software, design, content, trademarks, logos, and other intellectual property, is owned by sequenuhwk B.V. and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use our services for personal, non-commercial purposes.
You may not:
- Copy, modify, distribute, or create derivative works based on our platform
- Reverse engineer, decompile, or attempt to extract source code
- Use our trademarks, logos, or brand elements without permission
- Remove or alter any copyright, trademark, or proprietary notices
Any unauthorized use of sequenuhwk'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 is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in the Privacy Policy.
We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Union. You have certain rights regarding your personal data as described in our Privacy Policy.
Termination and Cancellation
You may cancel your sequenuhwk membership at any time by providing 30 days' written notice through our platform or by contacting customer support. Cancellation will be effective at the end of your current billing period, and you will retain access to services until that time.
sequenuhwk may terminate your membership immediately if you:
- Violate these Terms or our policies
- Engage in fraudulent, abusive, or illegal activities
- Fail to pay membership fees when due
- Provide false or misleading information
Upon termination, your access to services will cease immediately, and you must return any sequenuhwk property. Provisions of these Terms that by their nature should survive termination will continue to apply.
Limitation of Liability
To the maximum extent permitted by applicable law, sequenuhwk's liability to you for any claims arising from or related to these Terms or your use of our services is limited to the amount you paid for your membership in the twelve months preceding the claim.
sequenuhwk 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, even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow certain limitations of liability, so these limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.
Disclaimers
sequenuhwk provides its services "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:
- Merchantability, fitness for a particular purpose, and non-infringement
- Uninterrupted, secure, or error-free operation of our services
- Accuracy, completeness, or reliability of content or information
- Availability of specific partner facilities or services
We do not guarantee that our services will meet your specific requirements or that any defects will be corrected. Your use of our services is at your sole risk.
Indemnification
You agree to indemnify, defend, and hold harmless sequenuhwk, its officers, directors, employees, agents, and partners from and against any claims, damages, losses, costs, or expenses arising from:
- Your use of our services or violation of these Terms
- Your violation of any applicable laws or regulations
- Your infringement of any third-party rights
- Your negligent or wrongful conduct
This indemnification obligation will survive termination of your membership and these Terms.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles. Any disputes arising from or relating to these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of the Netherlands.
For users residing in the European Union, you may also have the right to bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under applicable EU consumer protection laws.
Before initiating any legal proceedings, we encourage you to contact us to attempt to resolve any disputes amicably.
Force Majeure
sequenuhwk shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or technical failures.
In the event of a force majeure situation, we will use reasonable efforts to minimize the impact on our services and notify affected users as soon as practicable.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.
Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and sequenuhwk regarding your use of our services and supersede all prior agreements, understandings, and communications.
Contact Information
If you have any questions about these Terms or need assistance with our services, please contact us:
sequenuhwk B.V.
Marktplein 75
5084 LG Tilburg
North Brabant, Netherlands
Email: legal@sequenuhwk.live
Phone: +31 703756621