Terms of service

1. General

1.1 These Terms and Conditions govern the contractual relationships between TomFit AG and its members, in particular regarding the use of locations operated by group companies or third parties, and membership rights. In addition, the Terms of Service (ToS) apply to all digital services such as the TomConnect app and the website www.tom.fit.

1.2 By concluding a membership contract, the member accepts these Terms and Conditions, which form an integral part of the contract.

1.3 The use of TomFit locations and services is reserved exclusively for members who have concluded a valid contract.

2. Membership

2.1 Membership Models (Basic):

• Single: Exclusive use of 1 x 20-minute session per week for CHF 300 annually (CHF 5.77 per 20 minutes).
• Double: 2 x 20-minute sessions per week for CHF 550 annually (CHF 5.29 per 20 minutes).

Members can book the following additional options at any time:

• • Priority: Early booking up to 8 days in advance (Single: 1 training session, Double: 2 training sessions).
  • VIP: Early booking up to 31 days in advance (Single: 4 training sessions, Double: 8 training sessions).

Additional options are valid immediately upon booking and expire with the regular membership.

2.2 Contract Term & Extension:

The contract term is 12 months and automatically extends for a further 12 months unless terminated in due time and form in accordance with Section 5 of these Terms and Conditions. Members will be notified in a timely manner of the impending extension.

2.3 Usage, Booking & Expiration:

Members can flexibly book their 1 or 2 x 20-minute training capacity per calendar week within the respective calendar week. Unused training capacity expires at the end of the calendar week. Additional training capacity can be booked with a 50% surcharge on the individual, currently valid training capacity prices (overconsumption). These will be invoiced by TomFit or charged to the deposited payment method.

There is no guarantee of use at the desired time with the basic membership, as Priority and VIP members can reserve early due to the longer booking window. Members who repeatedly book and do not show up may be temporarily blocked from additional bookings.

2.4 Booking & Expiration Cancellation deadlines:

Cancellations are possible free of charge up to 6 hours before the start of the session. Later cancellations are not possible, and any unused training capacity for the corresponding week will be forfeited.

2.5 Partner Training & New Customer Incentives:

For partner training sessions, the costs and any excess training capacity are split equally between both partners. For partner training sessions, the booking partner’s costs apply. New customers can participate in a one-time partner training session free of charge. If the new customer signs a contract within 30 days, the inviting member receives a one-month credit (1/12) of the new member’s subscription fee.

3. Use of Locations

3.1 General Use:

Members are entitled to use the locations of TomFit or its group companies and/or third parties within the scope of their membership during the published opening hours. Access to the locations is granted exclusively via the TomConnect app. A physical access card is not issued.

3.2 Compliance with the House Rules:

Every member is obligated to comply with the applicable house rules. Violations may result in warnings, claims for damages, or termination of membership.

3.3 Hygiene & Behavior:

Members must always clean the equipment after use. Clean shoes or training in socks are mandatory.

All locations are video monitored for security reasons. The recordings are used solely to prevent fraud and ensure member safety. Data will not be shared with third parties unless required by law. Further details can be found in the privacy policy.

4. Payment Terms

4.1 Due Date & Default:

If a payment due is not made within 20 days of the due date, TomFit reserves the right to block access to the training offerings until full payment is received. The contract term remains unaffected.

4.2 Reminder Fees & Collection:

In the event of late payment, the first reminder will be sent free of charge by email. A processing fee of CHF 20 will be charged for the second reminder. In addition, default interest of 5% per year will be charged in accordance with Art. 104 of the Swiss Code of Obligations (OR). If the third reminder is unsuccessful, TomFit reserves the right to refer the claim to a debt collection agency and/or terminate the membership contract.

5. Termination & Cancellation of Contract

5.1 Ordinary Termination:

The contract has a term of 12 months and is automatically extended for a further 12 months unless terminated at least 30 days before the contract expiration date. Termination can be made via the TomConnect app or in writing by email/mail.

5.2 Extraordinary termination:

Possible in the event of illness, accident, or relocation to a location without a TomFit location (more than 30 km away). A medical certificate or registration certificate from the municipality of residence is required. In this case, the unused remaining term will be refunded pro rata. A temporary pause in membership is not possible.

6. FitCoin Program

6.1 Collecting & Redeeming FitCoins:

Members can collect FitCoins through certain activities (rewards) or promotions. FitCoins can be used for selected rewards, services, or products exclusively at TomFit. Redemption with third parties is not permitted. TomFit is the issuing agency for FitCoins for each location. Cash payment or transfer to third parties is not permitted. FitCoins are valid for 12 months from the date of credit. Unredeemed FitCoins expire after this period. TomFit reserves the right to change or discontinue promotions and rewards at any time. There is no subsequent claim for rewards/promotions that have already expired or not been claimed.

Unused FitCoins expire 3 months after the end of the contract.

7. Sponsorship & Third-Party Financing

7.1 Sponsorship Accounts:

Companies or private individuals can set up sponsorship accounts via TomConnect to financially support members. Upon termination of the sponsorship agreement, a cash payment back to the sponsor is possible. Sponsorship funds already used cannot be paid out.

7.2 Sponsorship Models:

Sponsors can award performance-based credits to members.

7.3 Crediting & Usage:

Sponsorship funds are credited monthly as FitCoins and can only be used for membership fees, additional options, or purchases at TomFit. Redemption with third parties is not permitted. TomFit is the issuing agency for FitCoins for each location. Cash payments or transfer to third parties are not permitted.

7.4 Termination & Expiration:

Unused sponsorship funds expire upon membership expiration unless the sponsor enters into a different agreement with TomFit. Sponsors may terminate their support at any time, but may not retroactively revoke benefits already granted.

8. Sanctions & Abuse

8.1 Unauthorized Use of Member Profiles
The use of another person’s profile is strictly prohibited.
In the event of a violation, a fine will be imposed according to the fee schedule, and TomFit reserves the right to terminate the membership without notice.

9. Liability

TomFit and its group companies assume no liability. The use of TomBot training equipment is at the user’s own risk.

10. Contact & Abuse Support

10.1 Contact

If you have any questions about these Terms and Conditions or membership, please contact TomFit via the TomFit Member Service or the feedback form in the TomConnect app.

11. Final Provisions

11.1 Applicable Law:

Swiss substantive law applies exclusively.

11.2 Place of Jurisdiction:

The place of performance and jurisdiction for disputes is the registered office of TomFit.

11.3 Severability Clause:

Should any provision of these Terms and Conditions be invalid, the remaining provisions remain unaffected.

11.4 Right to Change:

TomFit may change these Terms and Conditions at any time. The Terms and Conditions published in the TomConnect app or on the TomFit website apply. Members will be notified of any changes in a timely manner.

These Terms and Conditions take effect on February 18, 2025.

TomFit AG – Küsnacht, Switzerland