Terms of Service
0. Acceptance of Terms through Subscription
By subscribing to any of our services through our website or third-party payment providers (such as PayPal, Stripe, or others), the customer explicitly confirms that they have read, understood, and accepted these Terms of Service and agree to be legally bound by them.
This agreement is concluded at the time of payment submission and is valid without the need for a separate signature or written confirmation.
The customer confirms that the terms were made available prior to the conclusion of the contract and that the subscription process clearly informed them that proceeding with payment constitutes a binding agreement under applicable laws, including but not limited to Hong Kong law and, where applicable, §§ 305 ff. BGB (German Civil Code).
If the customer does not agree with these Terms, they must not proceed with any booking or payment.
1. Introduction & Validity
Thank you for choosing NIKIBRAH Limited ("NIKIBRAH," "we," "us," "our").
(1) If you ("customer") interacted with us via newsletter/e-mails, our paid services/consultations, coaching programs, or by attending our events/bootcamps/seminars, these general terms and conditions (TOC) exclusively apply. Use of our services without acceptance of these TOC is not permitted.
(2) All agreements between you and us result from these conditions and any specific consultation.
(3) The version of the General Terms and Conditions valid at the time of your use of our services applies.
(4) We do not accept any differing customer terms, even if we do not explicitly object.
2. Subject of the Contract
(1) We offer coaching, seminars, and consulting services in the areas of fitness, health, performance, and personal development. Services may be standardized or individualized per your booking.
(2) Outcomes are not guaranteed. Any stated goals or benefits are indicative and based on experience.
(3) Customers must fully cooperate as needed. Required information or materials must be promptly provided upon our request.
3. Conclusion of the Contract
(1) Marketing of our services through websites, social media, or brochures is not a binding contract offer.
(2) Contracts may be concluded via phone, video chat, or written communication. Unless otherwise agreed, telephone contracts do not require written confirmation. Customers agree to call or video recording for documentation purposes.
(3) Subscription via online payment gateways constitutes contract conclusion.
4. Pricing
(1) Payment is due in advance unless otherwise agreed. The price is payable immediately upon contract conclusion.
5. Duration and Termination
(1) Early/free termination rights by the customer during the contract period are excluded.
(2) A money-back guarantee is valid for 7 days from contract conclusion only if mutually agreed.
(3) If the customer terminates prematurely, the full contract price remains due. The customer may prove lesser damages.
6. Delay of Payments
(1) We may suspend services if payments are overdue.
(2) In case of payment default, we may terminate the contract and claim full payment due, less any saved expenses.
7. Fulfillment
(1) Services are delivered with due care. Third-party providers may be involved.
(2) We are not responsible for achieving specific results unless explicitly agreed in writing.
(3) If service delivery is prevented by customer-side issues, our right to remuneration remains.
8. Rights of Use
(1) We hold exclusive copyrights to all materials (images, videos, texts, webinars, etc.). Unauthorized use is prohibited.
(2) The customer is granted a limited, non-transferable usage right during the contract term.
(3) Customers must prevent third-party access to protected content. Sharing login credentials or files is prohibited.
(4) Unauthorized reproduction, sharing, or editing of our content will be legally pursued.
(5) Advertising materials and public content are not licensed to customers.
(6) Violations will be reported to law enforcement.
(7) All program content—including PDFs, templates, screenshots, plans, videos, Google Drive documents, and proprietary frameworks—are strictly confidential. Any reproduction or sharing, whether public or private (e.g., via Telegram, WhatsApp, Discord, Instagram), is prohibited.
(8) The customer acknowledges the applicability of Hong Kong and German copyright law (e.g., UrhG §§ 15-19a).
(9) Each breach of the content protection rules or unauthorized use of materials will incur a contractual penalty of EUR 5,000 per violation. We reserve the right to claim higher actual damages in addition to this penalty.
9. Liability
(1) We are not liable for personal injury or health outcomes. All use is at the customer's own risk.
(2) The customer warrants that any media provided (e.g., images, videos) is free of third-party rights and indemnifies us against any related claims.
10. Data Protection
(1) Please refer to our separate privacy policy. By using our services, you agree to its terms.
(2) You agree to be contacted by electronic means unless you opt out via email: hongkong@nikibrah.com.
(3) You consent to our storage and processing of all personal data you provide, including sensitive data (e.g., health records, photos, interests, etc.), for service delivery and marketing purposes.
11. Place of Jurisdiction
(1) The applicable law is that of the Hong Kong SAR, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) For German customers, the courts of their place of residence are competent under Art. 18(2) EU Regulation No. 1215/2012. We may alternatively file claims in Hong Kong or in Germany.
(3) Contract language is English.
12. Prohibition of Competitive Surveillance
(1) Participation in our programs by direct or indirect competitors is prohibited without written consent.
(2) This includes coaches, consultants, agencies, and individuals offering similar services. Participation with false identity or intent to copy or critique publicly will lead to immediate termination and potential legal claims under §§ 280, 823 BGB.
(3) Each case of competitor infiltration, false registration, or unauthorized access will result in a contractual penalty of EUR 10,000 per violation, plus legal costs and further damage claims.
13. Confidentiality and Non-Disparagement
(1) Customers must not publicly share or comment on our coaching methods, strategies, or content without our express permission.
(2) This includes screenshots, evaluations, public reviews, social media discussions, and any reproduction of our program material.
(3) Breaches will be treated as contractual violations and pursued via civil and criminal law, including claims under § 201a StGB and §§ 823, 1004 BGB.
(4) Each violation of this clause will incur a contractual penalty of EUR 7,500. This does not exclude the right to claim additional damages.