General Terms and Conditions (GTC)

Version 1.0 as of July, 04 2026

1. 1. Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) shall apply to all agreements regarding the participation in online courses and other training formats (hereinafter “Course(s)”) concluded between Nomena GmbH (hereinafter “Organizer”) and the participants (hereinafter “Participant(s)”) via the Organizer’s website.

1.2 By proceeding with the checkout and purchasing the Courses, the Participant expressly acknowledges and agrees that these General Terms and Conditions form an integral part of the contract and that their acceptance is a mandatory condition precedent to the completion of the checkout process.

1.3 The Organizer reserves the right to amend these GTCs to reflect changes in legal requirements, technical advancements, or business operations. For ongoing services, the Organizer shall notify the Participant of any material amendments via email at least thirty (30) days prior to their effective date. If the Participant does not object to the modifications within thirty (30) days of receipt of the notice, the amended GTCs shall be deemed accepted. If the Participant objects, either party shall have the right to terminate the contract with immediate effect. For one-off purchases of digital content, the version of the GTCs accepted at the time of checkout shall apply.

2. Services of the Organizer

2.1 The Organizer makes Courses, information documents, and other formats designed to facilitate the conveyance of learning content available via its website. The description of the Courses provided in the offer serves for illustrative purposes only.

2.2 The Organizer reserves the right to make modifications to the course schedule or content for technical or pedagogical reasons, provided that such changes are reasonable for the Participant.

3. Health Representations, Liability, and Participation

3.1 Representations Regarding Health and Fitness

The Participant represents, warrants, and confirms that they are in good physical and mental health and do not possess any medical, psychological, or psychiatric conditions that would or could impair their ability to participate in the Course safely or effectively. The Participant acknowledges that the Organizer is relying on this representation to grant the Participant access to the Course.

3.2 Duty to Seek Professional Advice

The Participant acknowledges that the Course content, including for examples modules relating to stress management and communication, is for educational purposes only and does not constitute medical, psychological or therapeutic advice. If the Participant has any concerns regarding their physical or mental health, it is the Participant’s sole and absolute responsibility to consult with a qualified healthcare professional prior to enrolling in or engaging with any part of the Course.

3.3. Technical Requirements and Responsibility

The Participant assumes full responsibility for ensuring that they possess the necessary hardware, software, and a stable, sufficient internet connection required to access and utilize the Courses. The Organizer shall not be liable for any disruption to the learning experience or any damages, consequential or otherwise, arising from the Participant’s failure to meet these technical requirements.

3.4 No Guarantee of Results

The Course is provided exclusively for educational and informational purposes. The Organizer makes no representations or warranties, express or implied, regarding the outcome, effectiveness, or success of the techniques, strategies, or information presented. The Participant acknowledges and agrees that:

Individual Variance: Any results, progress, or outcomes are entirely dependent upon the Participant’s individual effort, aptitude, commitment, and external circumstances.
No Promise of Success: The Organizer does not guarantee any specific result, professional improvement, or change in the Participant’s proficiency in public speaking, stress management, or communication skills. The Course is provided on an “as is” and “as available” basis, and the Organizer expressly disclaims all warranties of fitness for a particular purpose.

3.5. Assumption of Risk, Psychological Disclaimer, and Limitation of Liability

3.5.1 Assumption of Psychological and Emotional Risk (Non-Therapeutic Nature)

The Participant expressly acknowledges and agrees that all Courses—including modules addressing meditation, mindfulness, communication, stress management, or psychological topics—are provided strictly for educational, informational, and self-help purposes. The Organizer does not provide medical, clinical, psychiatric, or psychotherapy services, and no doctor-patient or therapist-client relationship is established.

The Participant understands that self-directed meditation, introspection, and psychological exploration can evoke varied subjective emotional, mental, or psychological responses. The Participant engages with all course materials voluntarily and assumes full and absolute responsibility for their own mental, emotional, and physical well-being during and after the Course. Normal emotional reactions, psychological resistance, or subjective distress arising from self-guided educational exercises do not constitute a breach of duty by the Organizer or an actionable injury to health.

3.5.2 Statutory Limitation of Liability

The Organizer, its legal representatives, employees, and vicarious agents shall be liable without limitation only for damages resulting from intent (willful misconduct) or gross negligence, as well as for damages resulting from a direct, negligent injury to life, body, or health arising from a breach of a legally recognized therapeutic or medical duty of care.

In cases of simple negligence not involving direct injury to life, body, or health, the Organizer shall only be liable for the breach of essential contractual obligations (cardinal obligations)—meaning obligations whose fulfillment is prerequisite to the proper execution of the contract and upon the observance of which the Participant regularly relies. In such cases, the Organizer’s liability shall be limited to the foreseeable, typically occurring damage at the time of contract conclusion.

Any further liability for damages, including indirect, consequential, emotional distress, or economic losses, is expressly excluded to the maximum extent permitted by applicable statutory law.

4. Conclusion of Contract and Registration

4.1 The contract is formed upon the Participant completing the checkout process on the website or unlocking the Course. Input errors may be corrected by the Participant prior to completing the booking.

4.2 To enroll in the Course, the Participant must provide their full name, email address, and any other required information as specified by the Organizer.

4.3 The Organizer reserves the right to decline or refuse any enrollment request at its sole and absolute discretion, without the obligation to provide any justification or explanation.

5. Usage Rights and Access Conditions

5.1 Upon booking the online courses, the Participant is granted a non-exclusive, non-transferable right to use the provided content for personal use.

5.2 All Course materials—including videos, written content, graphics, and exercises—are the exclusive intellectual property of the Organizer and are protected by copyright and intellectual property laws.

5.3 Participants may not copy, distribute, reproduce, modify, or commercially exploit any Course content without the Organizer’s prior written consent. Unauthorized use may result in legal action.

6. Right of Withdrawal and Refund Policy (EU/EEA Consumers)

6.1. Statutory Right of Withdrawal

In accordance with the consumer protection laws applicable in the European Union and the European Economic Area (EEA), Participants who are consumers and reside within these jurisdictions are entitled to a statutory right of withdrawal. This right allows the Participant to withdraw from this contract within 14 days from the date of the conclusion of the contract without providing any reason.

6.2. Exercising the Right of Withdrawal

To exercise the right of withdrawal, the Participant must inform the Organizer of their decision to withdraw from this contract by an unequivocal statement (e.g., an email sent to the support contact provided in Section 14). To meet the withdrawal deadline, it is sufficient for the Participant to send their communication concerning the exercise of the right of withdrawal before the 14-day withdrawal period has expired.

6.3. Consequences of Withdrawal

If the Participant withdraws from this contract, the Organizer shall reimburse all payments received from the Participant without undue delay and in any event no later than 14 days from the day on which the Organizer is informed about the Participant’s decision to withdraw. The refund will be processed using the same means of payment as the Participant used for the initial transaction, unless the Participant has expressly agreed otherwise.

6.4. Organizer’s Discretionary Refund Policy (Global)

For Participants residing outside of the EU/EEA, or in instances where the statutory 14-day withdrawal period for EU/EEA Participants has expired, the Organizer is under no legal obligation to provide a refund. However, the Organizer reserves the right, at its sole and absolute discretion, to grant a refund or account credit on a case-by-case basis. Such discretionary refunds do not constitute a waiver of these General Terms and Conditions and shall not be construed as a precedent for future requests.

7. Prices and Payment Terms

7.1 The prices stated are inclusive of applicable statutory value-added tax (VAT), unless expressly indicated otherwise. Payment shall be made in accordance with the payment methods offered during the checkout process. Access to the courses shall be granted only upon full receipt of payment.

7.2 The Organizer reserves the right to modify, adjust, or change the pricing of any Course, including online courses, at any time and at its sole discretion, without prior notice. The price applicable to the Participant’s purchase shall be the price in effect at the time of the transaction. The Participant acknowledges and agrees that the Organizer is under no obligation to offer, match, or retroactively apply any subsequent discounts, promotional offers, or price reductions to purchases already completed. Consequently, the Participant waives any right to claim a refund or compensation for the difference between the price paid at the time of purchase and any subsequent pricing changes or promotional rates offered by the Organizer.

7.3 The Participant agrees to pay the fees for the Course purchased and authorizes the Organizer to charge the Participant’s debit or credit card for such fees or to utilize an alternative payment method (e.g., SEPA direct debit, mobile wallet) for payment processing.

7.4 The Organizer cooperates with payment service providers to offer the most convenient payment methods in the Participant’s country and to protect the Participant’s payment data. The Organizer may update the Participant’s payment methods based on information provided by the Organizer’s payment service providers. Further details can be found in the Organizer’s Privacy Policy.

7.5 When making a purchase, the Participant warrants not to use an invalid or unauthorized payment method. In the event that the Participant’s payment method fails while access to the Course remains active, the Participant agrees to pay the respective course fees within 30 days of receiving the notification. The Organizer reserves the right to deactivate access to Courses for which the Organizer has not received adequate payment.

8. Gift and Promo Codes

The Organizer or its partners may offer gift and promo codes. Codes may be redeemed directly for specific Courses. Codes and credits may expire if not claimed within the specified validity period. Gift and promo codes cannot be redeemed for cash.

9. User Account and Access Data

9.1 To purchase and use training courses, Participants must register an account. When setting up and maintaining the account, Participants are obligated to provide accurate and complete data, including a valid email address, and to keep this information up to date. Participants are solely responsible for their account and all activities associated therewith, including any damages (to the Organizer or third parties) resulting from unauthorized use of the account by a third party.

9.2 Participants shall not disclose their login credentials to third parties. The Participant is responsible for all activities conducted through their account. If a Participant becomes aware or suspects that a third party is using their account without consent (or suspects any other security incident), the Participant must notify the Organizer’s support team immediately. The Organizer may request information to verify the identity of the account holder.

9.3 To utilize the Courses, Participants must be at least 18 years of age. If a Participant has not yet reached the age of majority required to use the Courses, they may not create an account or use the Courses. If the Organizer discovers that a Participant has created an account in violation of these provisions, the Organizer will terminate the account.

9.4 The Participant may close their account at any time by contacting the Organizer via email or any means of contact outlined on the website of the Organizer. The Privacy Policy describes the consequences of the account termination.

9.5 Access data must be kept confidential by the Participant and protected against unauthorized access by third parties. In the event of misuse or suspicion thereof, the Organizer must be notified without delay.

10. Data Protection and Data Privacy

10.1 The Organizer collects and processes participants’ personal data for the administration and delivery of the Course, in compliance with applicable data protection laws.

10.2 For further information on data protection and data privacy, please refer to the Privacy Policy.

11. Special Provisions for United States Residents

11.1 Dispute Resolution through Binding Arbitration

For any dispute, claim, or controversy arising out of or relating to these GTCs, the Courses, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”) involving a Participant residing in the United States, the parties agree that such Dispute shall be settled by binding, individual arbitration, rather than in a court of law. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

11.2 Class Action and Jury Trial Waiver

THE PARTICIPANT AND THE ORGANIZER ACKNOWLEDGE AND AGREE THAT EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL ACTION. Unless both the Participant and the Organizer agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

11.3 Absolute Limitation of Liability for US Claims

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ORGANIZER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO A PARTICIPANT RESIDING IN THE UNITED STATES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE COURSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

THE ORGANIZER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE COURSES SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE PARTICIPANT TO THE ORGANIZER FOR THE SPECIFIC COURSE GIVING RISE TO THE LIABILITY.

12. Applicable Law and Jurisdiction

All legal relationships between the Organizer and the Participant shall be governed exclusively by the substantive laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes shall be Zurich, Switzerland.