Terms and Conditions

1. General Provisions / Scope of Application

1.1 Scope of Application

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between

The Hybrid Code, Anja Egger, Kobergerplatz 11, 90408 Nürnberg, (hereinafter referred to as "Provider")

and the customer for online and offline coaching in the fields of nutrition and sports.

The GTC are directed at both private end customers (consumers) and business customers (entrepreneurs), unless explicitly agreed otherwise.

1.2 Individual arrangements

Individual arrangements and agreements made in writing between the Provider and the customer take precedence over these GTC. Verbal agreements require written confirmation from the Provider to become effective.

1.3 Exclusion of Other Provisions

Deviating or supplementary terms and conditions of the customer will only become part of the contract if expressly confirmed in writing by the Provider.

1.4 Acceptance of the GTC

The customer acknowledges these GTC no later than upon signing the contract, clicking a corresponding checkbox (e.g., in an online form), or providing written confirmation via email. This can be done as follows:

By providing written confirmation of a PDF version of the GTC;
By actively clicking a checkbox (e.g., in Google Forms or in an automated booking system) before making a binding booking;
By responding to an email confirmation containing the GTC with a request for written approval.

2. Subject of the Contract / Scope of Services

2.1 Services Provided

The Provider offers services in the fields of nutrition and fitness based on the agreements made between the parties, including:

Dietary Adjustments: Expert guidance for sustainable changes to eating habits.
Nutrition Tips and Plans: Development of personalized nutrition strategies to support individual goals (e.g., weight management, muscle building, general health).
Training Plans: Creation of training concepts tailored to the customer's physical condition and objectives.

2.2 Individual Packages and Adjustments

The specific scope of services depends on the package booked by the customer (“Starter,” “Core,” “Hybrid,” or “Custom”). An overview of available packages, including their contents and prices, is available on the Provider’s website. All plans and recommendations are customized to the customer’s individual needs, as far as the information provided by the customer allows. The Provider reserves the right to further develop or modify the offers or package contents, provided such changes are reasonable for the customer.
Part of the coaching services will be conducted via external software (e.g., Nutrilize), which the customer can access through an app or web portal.
Further details about the use of external software and related data processing are outlined in our Privacy Policy.

2.3 No medical advice

The services do not constitute medical advice or treatment. Customers are advised to consult a physician before using the services in case of health concerns, pre-existing conditions, or uncertainties.

2.4 No guarantee for success

The services offered aim to support the customer in achieving their goals (e.g., weight loss, improved fitness). However, no guarantee of specific results can be made, as outcomes depend significantly on individual factors (e.g., physical condition, personal motivation, consistent implementation).

3. Consultation and Appointment Scheduling

3.1 Appointment Scheduling

Appointments for consultations or coaching can be arranged via email, phone, or an online booking system.
The consultation appointments and services included in each package (e.g., Starter, Core, Hybrid, or Custom) are subject to the conditions outlined on the Provider’s website.

3.2 Cancellation and Rescheduling

The customer may cancel or reschedule an appointment free of charge up to 24 hours before the scheduled time. If the cancellation or rescheduling occurs less than 24 hours before the appointment, the entitlement to that appointment is forfeited without replacement.
Cancellations or rescheduling must be made in writing (e.g., via email, WhatsApp) or through the booking system used. The decisive factor is the time of receipt of the cancellation or rescheduling notice by the Provider.

3.3 Consequences of Non-Appearance

Online Appointments: If the customer fails to attend the scheduled online appointment (no-show), the entitlement to a replacement appointment is forfeited. Any fees already paid may be retained by the Provider.
In-Person Appointments: If the customer does not attend a scheduled in-person appointment (e.g., on-site training, personal consultation), the entitlement to a replacement appointment is forfeited. Additionally, a compensation fee of €50 will be charged unless the absence is due to a valid reason. A valid reason includes unforeseeable events (e.g., accident, force majeure) or illness certified through a official sick note provided by a local doctor, provided the customer promptly informs the Provider.

3.4 Obligations of the Provider

The Provider is obligated to deliver the booked consultation and coaching services professionally and according to the contents specified in the respective packages.
Specific response times and delivery deadlines (e.g., for nutrition or training plans) are defined in the respective packages. The Provider will endeavor to meet these deadlines and inform the customer promptly in case of delays.

3.5 Obligations of the Customer

Provision of Required Information: The customer must provide the Provider with all relevant data (e.g., weight, age, nutrition log, health information, life situation) truthfully and in full. Without this information, comprehensive consultation may not be possible.
Online Appointments: The customer must ensure a stable internet connection and the necessary hardware (e.g., webcam, microphone) for online appointments.
Medical Advice: In cases of health concerns or uncertainties, the customer is advised to seek medical advice before using the services.

4. Obligations of the Customer

4.1 Duty to Cooperate

In addition to the obligations outlined in Section 3 (e.g., timely provision of information and adherence to scheduled appointments), the customer agrees to implement the recommended nutritional and training measures to the best of their ability. Only through consistent application of these recommendations can the customer ensure optimal support in achieving their goals.

4.2 Health Self-Assessment and Medical Advice

The customer is responsible for assessing their own physical and health condition. If there are health limitations, relevant pre-existing conditions, or other uncertainties, the customer should seek medical advice before using the services.

The customer confirms that they are not aware of any health conditions that would prevent participation in the offered nutritional or training measures.

5. Prices / Payment Terms

5.1 Prices

The prices for the offered coaching packages ("Starter," "Core," "Hybrid," "Custom") and other services are based on the current price lists available on the Provider’s website or on an individually agreed-upon offer with the customer.
All prices are stated in Euros and include the applicable statutory VAT (if applicable), unless explicitly stated otherwise on the website or in the contractual documents.
The Provider reserves the right to change prices for future contracts. Price changes will be communicated to the customer in advance of the contract conclusion and will not affect ongoing contracts.

5.2 Payment Methods and Deadlines

Payment is generally made via bank transfer, direct debit, or PayPal unless otherwise agreed.
The invoice amount is due for payment without deductions within 7 days of the invoice date unless otherwise specified.
For package bookings, the Provider may require advance payment. The details of this are specified in the respective package descriptions or individual offers.

5.3 Delay and Consequences

If the customer is in default of payment, the Provider is entitled to charge default interest at the statutory rate. Further claims, particularly for damages, remain unaffected.
In the event of persistent payment default (e.g., if the outstanding amount is not settled despite reminders), the Provider is entitled to suspend further services until all outstanding amounts are fully paid or to terminate the contract without notice if a reasonable grace period has expired unsuccessfully.
The customer is responsible for all reminder and collection costs incurred as a result of the payment default, provided the delay is attributable to them.

6. Contract Duration / Termination

6.1 Contract Duration

The initial contract duration is three months from the start of the agreement. After this period, the customer may decide whether to continue the contract.
If the contract is not terminated at the end of the 3-month term, it will automatically renew for an additional month at a time.

6.2 Renewal and Notice Period

The customer may terminate the contract at the end of the respective term (after the initial 3 months or any subsequent month).
The notice period is 7 days before the end of the respective term. If termination is not made in time, the contract will automatically renew for another month.

6.3 Ordinary Termination

Termination must be made in text form (e.g., by email or letter) and becomes effective upon receipt by the recipient.

6.4 Extraordinary Termination / Special Termination Rights

Both parties have the right to extraordinary termination if a significant reason exists that makes the continuation of the contract unreasonable.
A significant reason exists, in particular, if the customer is permanently unable to use the services due to health reasons (e.g., by providing a medical certificate).
The Provider may terminate if the customer is in default of payment despite reminders and a grace period or repeatedly violates essential provisions of these GTC.

6.5 Refunds

If the customer terminates the contract extraordinarily for a significant reason, they are entitled to a proportional refund for services already paid for but not yet used.

If the Provider terminates the contract extraordinarily due to a significant reason attributable to the customer (e.g., payment default), no refund for fees already paid will be granted.

7. Liability and Notices

7.1 General Disclaimer of Liability

The Provider is liable for damages, regardless of the legal basis, only in cases of intent or gross negligence by the Provider or its vicarious agents.
In cases of slightly negligent breaches of essential contractual obligations (cardinal obligations), the Provider’s liability is limited to foreseeable damages typical for the contract. Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on which the customer regularly relies.
Liability for damages resulting from injury to life, body, or health remains unaffected by the above provisions.

7.2 Liability for Incorrect Application

The Provider assumes no liability for damages resulting from improper or non-compliant application of the nutritional and training plans.
The customer is obligated to follow the guidance provided during coaching and consultation and assumes the risk for actions taken contrary to the Provider’s recommendations.

7.3 Liability for Overestimation of Abilities / Ignoring Instructions

The Provider is not liable for damages caused by the customer overestimating their abilities.
If the customer disregards the Provider's instructions or recommendations and suffers damages as a result, the Provider’s liability is excluded.

7.4 Medical Aspects / Health Condition

The content provided by the Provider, particularly recommendations on nutrition and training, does not constitute medical advice in the form of a diagnosis or treatment.
In cases of health issues or uncertainties, the customer is expressly advised to seek medical advice immediately.
If the customer uses the services despite health impairments or without prior medical clarification, they do so at their own risk. The Provider excludes liability for any resulting health damages unless mandatory statutory liability provisions apply.

7.5 External Links and Information

If the Provider refers to external websites or information sources, it is not liable for content outside its area of responsibility.

8. Data Protection

8.1 General Provisions

The Provider collects, stores, and processes the customer’s personal data in compliance with applicable data protection laws, particularly the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

8.2 Scope and Purpose of Data Processing

The Provider processes only the personal data necessary for the fulfillment of the agreed-upon services (e.g., creation of nutrition and training plans).
This may include contact details, payment information, and health-related information (e.g., weight, eating habits), provided such data is essential for the performance of the contract.

8.3 Special Categories of Personal Data

If the processed data includes health data or other special categories of personal data (Article 9 GDPR), the processing is based on the customer’s explicit consent.
The customer may withdraw their consent at any time with future effect. However, the customer acknowledges that withdrawing consent for processing such data may result in the inability to provide the service fully or at all if such data is necessary for the fulfillment of the contract.

8.4 Reference to Separate Privacy Policy

Further information on the handling of personal data, the customer’s rights (e.g., access, rectification, deletion, objection), data retention periods, and possible recipients of the data can be found in the Provider’s Privacy Policy.
The Privacy Policy is available on the Provider’s website in its latest version or can be provided to the customer in text form upon request.

8.5 Contact

For questions regarding data protection or to exercise their rights, customers can contact the Provider at hello@thehybridcode.com

9. Confidentiality

9.1 Confidential Information

Both parties agree to treat all information, documents, and data exchanged within the scope of the contractual relationship as strictly confidential, provided they are marked as confidential or are obviously confidential by their nature. Such information shall not be disclosed to third parties.

9.2 Exceptions

The obligation of confidentiality does not apply to information that:

Was demonstrably publicly available before disclosure or becomes publicly available thereafter without any fault of the receiving party.
Must be disclosed due to legal or regulatory requirements.
Was already known to the receiving party without any obligation of confidentiality.

9.3 Continuation of Confidentiality Obligation

The obligation of confidentiality remains in effect even after the termination of the contractual relationship.

10. Copyright and Usage Rights

10.1 Copyright

All content, plans, concepts, training programs, or other materials (e.g., PDF documents, online videos, email guides) created by the Provider are protected by copyright.

10.2 Granted Usage Rights

The customer is granted a simple, non-transferable right to use the materials provided by the Provider exclusively for personal use. Reproduction, distribution, or public accessibility of these materials is prohibited without prior written consent from the Provider.

10.3 Prohibition of Distribution

The customer is not permitted to provide the content or access credentials supplied under the contractual relationship to third parties, either for a fee or free of charge, unless explicitly and in writing approved by the Provider.

11. Warranty and Right of Withdrawal

11.1 Warranty for Services

The services provided by the Provider (e.g., coaching, consulting) are of a nature where no specific success is guaranteed. However, the Provider ensures that the agreed services are performed with care and professionalism.

Claims for damages or reductions due to dissatisfaction or lack of success are excluded unless they are based on a breach of essential contractual obligations or on intent or gross negligence by the Provider (see also Section 7: Liability and Notices).

11.2 Right of Withdrawal for Consumers

Statutory Right of Withdrawal: If the customer is a consumer (§ 13 BGB) and enters into the contract exclusively through remote communication means (e.g., online booking, email, telephone), they are entitled to the statutory right of withdrawal pursuant to §§ 312g in conjunction with 355 BGB.

Withdrawal Period: The withdrawal period is 14 days from the date the contract is concluded.
Expiration of the Right of Withdrawal: The right of withdrawal expires prematurely if the Provider has fully rendered the service, and the execution of the service began only after the customer explicitly consented to this and simultaneously confirmed their awareness that they lose their right of withdrawal upon full performance of the contract by the Provider.

Consequences of Withdrawal: If the customer effectively withdraws from the contract, the Provider must reimburse all payments received from the customer without delay and no later than 14 days from the receipt of the withdrawal. For services already rendered, such as nutrition plans, marco calculations or third party app licences purchased for the customer, the Provider may demand compensation, provided the customer agreed that the service would commence before the withdrawal period expires.

11.3 Sample Withdrawal Form

If you wish to withdraw from the contract, please fill out this form and send it via email to hello@thehybridcode.com with the subject line "Withdrawal."

To: The Hybrid Code

Subject: Withdrawal

I hereby withdraw from the contract I concluded for the purchase of the following coaching package:
(please specify the applicable package)

Ordered on: [Date]
Name: [Your Full Name]
Address: [Your Address]
Signature: [Your Signature, if submitted in paper form]
Date: [Date of Submission]

12. Final Provisions

12.1 Applicable Law

The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

12.2 Place of Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the Provider’s registered office. However, the Provider is also entitled to bring claims against the customer at their general place of jurisdiction.

12.3 Severability Clause

Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a provision shall apply that comes closest to the economic purpose of the original provision. The same applies to any gaps in these GTC.

12.4 Text Form

There are no verbal side agreements. Amendments and additions to the GTC must be made in text form (e.g., email).