Terms of Service

Acceptance of Terms

By accessing and using the services provided by mojavepxtc B.V. ("we," "our," "us," or "mojavepxtc"), you ("you," "your," or "client") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and mojavepxtc regarding your use of our macro tracking and diet coaching services.

If you do not agree to these Terms, you must not access or use our services. By booking a consultation, participating in our coaching programmes, or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

These Terms apply to all visitors, users, and clients of mojavepxtc services, whether accessing our services in-person at our Groningen location, online, or through any other means we may provide.

Company Information

mojavepxtc is a registered business entity operating in the Netherlands under the following details:

Services Description

mojavepxtc provides professional nutrition coaching services specialising in macro tracking and personalised diet planning. Our services are designed to educate and support clients in developing sustainable nutrition habits that align with their health and fitness goals.

Our Services Include:

• Macro Tracking Coaching: Personalised instruction on macronutrient calculation, food tracking, and dietary adjustments
• Personalised Diet Plans: Custom nutrition plans tailored to individual goals, preferences, and lifestyle
• One-on-One Coaching: Individual coaching sessions providing ongoing support and accountability
• Nutrition Education Workshops: Group educational sessions covering nutrition fundamentals and practical application
• Progress Monitoring: Regular assessment and adjustment of nutrition plans based on client progress
• Lifestyle Integration Support: Guidance on incorporating nutrition strategies into daily routines

Client Responsibilities

As a client of mojavepxtc, you agree to the following responsibilities to ensure the effectiveness of our coaching relationship and the safety of all participants:

Health and Safety

• Disclose all relevant health conditions, medications, allergies, and dietary restrictions
• Consult with your healthcare provider before starting any nutrition programme
• Inform us immediately of any adverse reactions or health concerns
• Follow safety guidelines and recommendations provided during coaching
• Take responsibility for your own health decisions and outcomes

Participation and Engagement

• Attend scheduled appointments punctually or provide adequate notice for changes
• Actively participate in coaching sessions and complete assigned tasks
• Provide accurate and honest information about your progress and challenges
• Follow the nutrition plans and tracking protocols as agreed
• Communicate openly about any difficulties or concerns with your programme

Professional Conduct

• Treat all mojavepxtc staff and other clients with respect and courtesy
• Maintain confidentiality of other clients' information you may encounter
• Use our services only for their intended purpose
• Provide feedback constructively and professionally
• Respect our business hours and communication preferences

Payment and Booking

• Pay all fees promptly according to the agreed payment schedule
• Provide accurate billing and contact information
• Give appropriate notice for appointment cancellations or rescheduling
• Understand and comply with our cancellation and refund policies
• Notify us promptly of any changes to your contact information

Payment Terms and Pricing

All pricing for mojavepxtc services is quoted in Euros (EUR) and includes applicable Dutch VAT where required. Payment terms vary depending on the service selected and will be clearly communicated at the time of booking.

Payment Methods

We accept payment via bank transfer, major credit cards, and other payment methods as available. Payment processing is handled through secure, PCI-compliant payment providers to protect your financial information.

Payment Schedule

• Single Sessions: Payment due at time of booking or before the session
• Package Deals: Payment due in full at time of purchase unless alternative arrangements are made
• Monthly Programmes: Payment due monthly in advance
• Workshops: Payment due at registration

Late Payment

Late payments may result in suspension of services until payment is received. A late payment fee may be applied to overdue accounts. We reserve the right to refer unpaid accounts to collection agencies or legal counsel.

Price Changes

mojavepxtc reserves the right to modify pricing for services. Existing clients will be given 30 days' notice of any price changes affecting their ongoing programmes. Price changes will not affect services already paid for.

Cancellation and Refund Policy

Appointment Cancellations

We require at least 24 hours' notice for appointment cancellations or rescheduling. Cancellations with less than 24 hours' notice may be charged the full session fee. Emergency situations will be considered on a case-by-case basis.

Programme Cancellations

• Cooling-off Period: EU residents have 14 days from service purchase to cancel without reason for a full refund
• After Services Begin: Refunds are calculated on a pro-rata basis for unused services, minus a reasonable administration fee
• Package Deals: Refunds based on the higher individual session rate, not the package discount rate
• Digital Materials: Non-refundable once accessed or downloaded

Refund Processing

Approved refunds will be processed within 14 business days using the original payment method. Bank transfer fees or payment processing charges are non-refundable. Refunds for services paid by bank transfer will be returned via bank transfer.

Non-Refundable Circumstances

• Failure to attend scheduled appointments without proper notice
• Violation of these Terms of Service resulting in service termination
• Services completed more than 30 days prior to refund request
• Dissatisfaction with results due to non-compliance with programme recommendations

Intellectual Property

All content, materials, and intellectual property provided by mojavepxtc, including but not limited to meal plans, educational materials, worksheets, tracking templates, coaching methodologies, and proprietary systems, are the exclusive property of mojavepxtc B.V. and are protected by copyright, trademark, and other intellectual property laws.

Client Usage Rights

Clients are granted a limited, non-exclusive, non-transferable license to use materials provided during coaching for personal use only. This license includes:

• Personal use of meal plans and nutrition guidelines provided
• Use of tracking templates and worksheets for personal progress monitoring
• Reference to educational materials for personal learning and application
• Implementation of coaching strategies for personal health and fitness goals

Prohibited Uses

Clients are strictly prohibited from:

• Reproducing, distributing, or sharing mojavepxtc materials with others
• Using our materials for commercial purposes or resale
• Modifying, adapting, or creating derivative works from our content
• Reverse engineering our methodologies or proprietary systems
• Representing our materials as your own work or creation
• Using our content to compete with mojavepxtc or provide similar services

Copyright Protection

All written materials, digital content, audio recordings, video content, and other intellectual property created by mojavepxtc are protected by copyright. Unauthorised use, reproduction, or distribution may result in legal action and immediate termination of services.

Trademark Rights

The mojavepxtc name, logo, and any associated trademarks are the exclusive property of mojavepxtc B.V. Clients may not use our trademarks without express written permission, except as necessary to identify us as your service provider.

Limitation of Liability

To the fullest extent permitted by Dutch law and European Union regulations, mojavepxtc B.V., its directors, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services.

Scope of Limitation

This limitation of liability includes, but is not limited to:

• Any health issues, injuries, or adverse reactions resulting from following our recommendations
• Failure to achieve desired health, fitness, or weight-related goals
• Loss of income, business opportunities, or other economic losses
• Emotional distress or psychological impact related to our services
• Technical issues, data loss, or interruption of services
• Errors or omissions in our advice, materials, or communications

Maximum Liability

In any case where liability cannot be excluded by law, mojavepxtc's total liability to you shall not exceed the total amount paid by you for services in the 12 months preceding the incident giving rise to the claim.

Disclaimer of Warranties

Our services are provided "as is" without warranties of any kind, either express or implied. We do not guarantee specific results, weight loss, health improvements, or other outcomes. Individual results may vary significantly based on factors beyond our control.

Acknowledgment of Risk

You acknowledge that nutrition and lifestyle changes involve inherent risks and that you assume full responsibility for your health and safety. You agree to consult with appropriate healthcare professionals before implementing any recommendations and to discontinue any practices that cause adverse effects.

Professional Standards and Disclaimers

Scope of Practice

mojavepxtc provides nutrition education and coaching services. We are not medical professionals, registered dietitians, or licensed healthcare providers unless specifically stated. Our services do not constitute medical advice, diagnosis, or treatment of any medical condition.

Medical Disclaimer

Results Disclaimer

Individual results from our coaching services vary significantly and depend on many factors including your starting point, adherence to recommendations, genetics, lifestyle, medical history, and other personal circumstances. We make no guarantees about specific outcomes, weight loss amounts, timeframes for results, or health improvements.

Educational Purpose

All information provided by mojavepxtc is for educational purposes only and is based on general nutrition principles. Our recommendations should be adapted to your individual needs and circumstances in consultation with appropriate healthcare professionals.

Privacy and Confidentiality

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which forms an integral part of these Terms. By using our services, you consent to the data practices described in our Privacy Policy.

Confidentiality of Client Information

We maintain strict confidentiality of all client information, including health data, personal circumstances, and progress details. We will not share your information with third parties except:

• With your explicit written consent
• When required by law or legal process
• In emergency situations where your safety or the safety of others is at risk
• With service providers who assist in delivering our services (under strict confidentiality agreements)

Client Responsibilities for Privacy

You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

Data Security

We implement appropriate technical and organisational measures to protect your personal data. However, no electronic transmission or storage system is completely secure. You acknowledge that you provide information at your own risk.

Termination

Termination by Client

You may terminate your coaching relationship with mojavepxtc at any time by providing written notice. Termination will be effective at the end of your current billing period for ongoing programmes, or immediately for single sessions with appropriate notice.

Termination by mojavepxtc

We reserve the right to terminate our services to any client immediately and without prior notice if:

• You violate any provision of these Terms of Service
• You fail to pay fees when due after appropriate notice
• You engage in disrespectful, abusive, or threatening behaviour toward staff or other clients
• You misuse our services or violate our intellectual property rights
• You provide false or misleading information that affects service delivery
• We determine that our services are not appropriate for your needs or circumstances

Effects of Termination

Upon termination of services:

• Your access to ongoing support and coaching will cease
• Any outstanding fees become immediately due and payable
• You must return or destroy any proprietary materials provided
• Refunds will be processed according to our refund policy
• Your license to use our intellectual property terminates

Survival of Terms

Provisions relating to payment obligations, intellectual property, confidentiality, limitation of liability, and dispute resolution shall survive termination of these Terms and continue to bind both parties.

Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from or relating to these Terms or your use of our services shall be subject to the exclusive jurisdiction of the competent courts in Groningen, Netherlands.

Dispute Resolution

Before initiating any legal proceedings, we encourage clients to contact us directly to resolve disputes amicably. Many issues can be resolved through open communication and good faith negotiations.

Consumer Rights

Nothing in these Terms limits your rights as a consumer under applicable Dutch or European Union consumer protection laws. If you are a consumer, you may have additional rights that cannot be waived by these Terms.

Alternative Dispute Resolution

EU residents may access online dispute resolution platforms provided by the European Commission for resolving consumer disputes. Information about these platforms is available at ec.europa.eu/consumers/odr.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and mojavepxtc regarding your use of our services and supersede all prior agreements, understandings, and communications.

Amendments

mojavepxtc reserves the right to modify these Terms at any time. Material changes will be communicated to active clients via email at least 30 days before taking effect. Your continued use of our services after changes take effect constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Invalid provisions shall be replaced with valid provisions that most closely reflect the original intent.

Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. mojavepxtc may assign these Terms in connection with a merger, acquisition, or sale of business assets.

Force Majeure

mojavepxtc shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, government actions, pandemics, or other force majeure events. We will make reasonable efforts to minimise service disruptions.

Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflicts between versions, the English version shall prevail.

Contact Information

If you have any questions about these Terms of Service, need clarification about any provisions, or wish to discuss any concerns, please contact us using the information below.

We strive to respond to all enquiries promptly and will work with you to resolve any concerns or questions about these Terms of Service.