Terms and Conditions

These Terms and Conditions were last updated on December 10, 2020

Overview

Synerys GmbH (hereinafter “Synerys” or “we/us/our”), is a company registered at Seestrasse 33, 8942 Oberrieden, Switzerland, company ID number: CHE-369.665.375

We provide products, services, content, and informational materials through our website (at https://www.synerys.com), Instagram account (at https://instagram.com/synerys_official), Vimeo account (at https://vimeo.com/synerys), and various mobile applications (hereinafter collectively referred to as the “Platforms”). Platforms include all versions including but not limited to web browsers and mobile and desktop applications.

All users (hereinafter, “users”, “user”, “you” or “your”) of our Platforms are subject to the terms and conditions set forth in these Terms and Conditions (hereinafter “Terms and Conditions”, “Terms”). If you purchase and use our products, services, and/or informational materials, you may be a subject to additional terms and conditions. All additional terms and conditions will be presented to you at the time of your purchase.  

By using our Platforms, products, services, and informational materials, you agree to be bound by these Terms and Conditions and to comply with all their provisions. These Terms and Conditions constitute a binding contract between you and Synerys.

If You do not accept these Terms and Conditions, do not use our Platforms, products, services, and/or informational materials.

Privacy policy

Please read our Privacy Policy here: https://www.synerys.com/privacy-policy

Changes to these terms and conditions

We reserve the right to make changes to these Terms and Conditions from time to time, as our Platforms, products, services, and informational materials evolve. If we change these Terms, we will post the revised version here: https://www.synerys.com/terms-and-conditions, and indicate the date when these Terms were last updated at the top of these Terms. Your continued use of our Platforms, products, services, and informational materials constitutes your acceptance of such changes and agreement to be bound by all terms and conditions of our updated Terms and Conditions.

Use of platforms

If you intend to use our Platforms, you agree to the following terms:

• You will not use our Platforms for any unlawful purpose or purpose that is prohibited by these Terms and Conditions.

• You will not breach any local, national, or international law.

• You will not breach any third-party’s right to privacy.

• You will not interfere with any third-party’s ability to use and enjoy our Platforms, products, services, and informational materials.

• You will not upload any viruses and other harmful software that may jeopardize the security of our Platforms.

• You will not harass, bully, insult, or threaten any other user of our Platforms.  

• You will not infringe any intellectual property rights.

• You will not share any inappropriate content on our Platforms. Inappropriate content includes without limitation content that contains, depicts, or promotes pornography, obscenity, violence, profanity, use of illegal drugs, excessive use of alcohol, racism, sexism, and any form of discrimination.

• You will not post spam or unsolicited advertising on our Platforms.

• You will not use any other person’s identity and will not behave in a deceptive or confusing manner that will make other people believe that you are any other person.

• You will not make attempts to obtain unauthorised access to any of our Platforms.

Purchases, payment, cancellation

We provide products, services, and materials in the form of downloadable digital products, online and in-person consultations, online and in-person trainings, personalized fitness and nutrition programs, fitness competition coaching, and other products, services, and materials (hereinafter collectively referred to as the “Products”).

All prices for our Products provided on our Platforms are a subject to change without prior notice. We may present prices for some of our Products to you only after collecting preliminary information about your goals, health state, issues, and other applicable information via surveys and/or via preliminary consultation on phone, email, or in person.

By purchasing any of our Products, you warrant and represent that you are authorized to use any payment method you choose to use. You agree to defend, indemnify, and hold Synerys harmless from and against all claims and losses arising from any breach of this warranty.

You agree to provide accurate, current, and complete payment information for all purchases of our Products. All payments made on our website are processed through third-party vendors such as Stripe and PayPal. Payments for some of our Products may be made by bank transfer. You will be notified of available payments methods at the time of your purchase.

We reserve the right to refuse any of your orders for any reason.

Special Terms for Personal Consultations, Trainings, and Coaching Sessions

All payments for online and in-person trainings, fitness competition coaching, and other online and in-person consultations (hereinafter collectively referred to as the “Personal Consultations”) shall be made in advance or on the day of the Personal Consultation before that Personal Consultation starts.

You have the right to cancel any Personal Consultation at least 24 hours prior to the start of that Personal Consultation. In such cases, the price that you paid for that Personal Consultation will be refunded to you. You agree that if you make a late cancellation (in less than 24 hours before the Service starts), the price for that Personal Consultation will not be refunded, and the full price must be paid to us for that Personal Consultation. In exceptional cases, such as if you have unforeseen health issues before the start of the Personal Consultation, the refund can be made even for late cancellation. We reserve the right to cancel or postpone any Personal Consultation at short notice.

Special Terms for Downloadable Digital Products

Our digital products such as downloadable fitness programs, personalized nutrition and fitness plans, and other digital products are personal and non-refundable.

Special Terms for Synerys Ultimate Fit Programs

If you purchase a subscription for personalized workout and nutrition programs Synerys Ultimate Fit, you will be automatically charged a subscription fee presented to you at the time of your purchase every period that you have chosen at the time of your purchase. You will continue to receive updated workout and nutrition plans for the time that you choose to remain our client. In order to cancel your subscription, please send us an email to julia@synerys.com.

We offer a 14-day 100% money-back guarantee on all Synerys Ultimate Fit program subscriptions. If within the first 14 days of your initial purchase of a subscription for Synerys Ultimate Fit programs you are not happy or satisfied with your purchase and would like to cancel your subscription for any reason, you can request a full refund of the initial purchase amount. To request a refund, please send us an email to julia@synerys.com. Please note that if you purchased a subscription for Synerys Ultimate Fit program during a promotional period and have redeemed that promotion (for example, you received promotional merchandise, supplements, and other bonuses with your subscription), you are not eligible for a refund.

Intellectual property

Our Platforms, digital products, informational materials, and all information provided on our Platforms, digital products, and informational materials, including but not limited to text, images, audio and video clips, photographs, trademarks, designs, layout, graphics, software code, functionality, logos, symbols, names, product designations, and all other content (hereinafter collectively referred to as the "Materials"), are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, and owned by Synerys or our licensors with all rights reserved.

You may not, directly or indirectly, copy, modify, distribute, reproduce, republish, post, create derivative works from, or sell any of our Materials in any form, in whole or in part, without our prior written permission.  

You are permitted to access and use our Platforms, digital products, and informational materials solely for your personal, non-commercial use, and you shall keep intact all copyright or other proprietary notices.

Feedback

When you submit your feedback, comments, suggestions, or other communications in the form of text, audio, video, photos, or images (hereinafter collectively referred to as “Feedback”) regarding our Platforms, Products, and informational materials on our Platforms or send it to us by email or by any other means, you agree that your Feedback will be treated as non-confidential and that you grant Synerys a royalty-free, irrevocable, transferable, perpetual, non-exclusive, worldwide licence to use, disclose, publicly display, distribute, transmit, reproduce, publish, create derivative works of, and otherwise exploit your Feedback for any purpose at any time without notifying or compensating you.

You waive any moral rights you may have to your Feedback. You agree to waive any claims you may have regarding our use of your Feedback.

Medical disclaimers

The information presented on our Platforms and/or presented to you during the provision of our Products to you, including but not limited to all content on our Platforms, any advice, fitness and nutrition plans, regimen guides, and other materials (hereinafter collectively referred to as the “Provided Information”), is provided for informational purposes only and does not constitute medical advice, diagnosis, or treatment. Any Provided Information is not intended to prevent, diagnose, or treat any disease, and should not be used as a replacement for professional medical evaluation and personal consultation with a health care provider. Synerys is not responsible or liable for any consequences of you using or relying upon any Provided Information. If you suspect that you have a health problem, please consult with your health case practitioner.

If you intend to purchase and use any of our fitness products and services, including but not limited to personal training, fitness programs, personalized exercise plans, athlete coaching, and other services, you should be in good health and have no disease, disability, impairment or injury that can prevent you from performing physical activity and that can cause increased risk of injury or have negative effects on your health as a result of using such products and services.

Limitations of liability

All our Platforms, Products, and informational materials are provided 'as is' and 'as available' for your use. Synerys makes no warranties or representations, either express or implied, regarding our Platforms, Products, and informational materials, or the accuracy, applicability, or usability of our Platforms, Products, and informational materials for any purpose.

We make no warranty that our Platforms, digital products, and informational materials will be available for your use at any given time and on any device, and will be free of errors, viruses, or other harmful software. We reserve the right to interrupt and/or discontinue any functionalities of our Platforms at any time.

We reserve the right to make corrections and modifications to any information presented on our Platforms, and to any Products and informational materials at any time without notifying you about such corrections and modifications.

Our Platforms may contain third-party links, and sometimes you may access our Platforms from third-party sites. We are not responsible or liable for any content provided on any third-party site. You access any third-party site at your own risk.

You agree that you use any of our Products and Platforms at your sole risk. To the maximum extent permitted by applicable law, Synerys is not responsible or liable for any damages, including but not limited to loss of revenue, loss of profit, loss of data, injury, health issues, or any other damage arising out of or in connection with your use of our Products and Platforms.

Indemnification

You agree to defend, indemnify, and hold harmless Synerys, its partners, licensors, licences, affiliates, shareholders, directors, employees, interns, attorneys, suppliers, and agents from and against all claims, liabilities, expenses, losses, damages, and costs, including reasonable attorneys’ fees, resulting from or related to your violation of these Terms and Conditions or any activity related to your use of our Platforms and Products including but not limited to negligent and wrongful conduct.

Termination

These Terms and Conditions may be terminated by you or us at any time. If you wish to terminate these Terms and Conditions, you shall cease to access and use our Platforms, Products, and informational materials.

We reserve the right to terminate these Terms and Conditions, or terminate or restrict your access to our Platforms, Products, and informational materials at our sole discretion, without any prior notice to you, at any time, for any reason, including but not limited to your failure to comply with any provision of these Terms and Conditions.

The provisions titled “Intellectual Property”, “Dispute Resolution”, “Feedback,” “Medical Disclaimers”, “Limitations of Liability”, and “Indemnification” shall in all events survive the termination of these Terms and Conditions.

Severability

If any provision of these Terms and Conditions will be deemed illegal, invalid, against public policy, or otherwise unenforceable in full or partially, such provision shall be replaced, modified, or narrowed to the extent that it becomes enforceable and serve the original purpose of that provision. All other provisions shall remain intact, in full force and effect.

Dispute resolution

If you have any concerns regarding your use of our Platforms, Products, and informational materials, please contact us at support@synerys.com, and we will do our best to resolve that issue.

If we are unable to resolve your dispute with us regarding your use of our Platforms, Products, and informational materials over informal communication, you agree that any such dispute will be governed by the law of Switzerland and vested before the courts of the Canton of Zurich.

Contact information

If you have any questions about these Terms and Conditions, please contact us by email at julia@synerys.com.

Or by post: Seestrasse 33, 8942 Oberrieden, Switzerland