GTC

1. General information

The following General Terms and Conditions define the legal framework for the use of BestFit and the services offered by us. Please read these General Terms and Conditions carefully.

These General Terms and Conditions (hereinafter „GTC„) apply to all offers of BestFit GmbH, Rintheimerstraße 15, 76131 Karlsruhe (hereinafter „BestFit“). The Subject of this contract is the free or paid use of the services offered by BestFit via the website www.bestfit.app, other BestFit websites or via the software applications (hereinafter individually the „BestFit Service“ and together with the „BestFit Services“ or generally „BestFit“).

Deviating agreements from the GTC require text form, as well as the waiver of the text form requirement.

1.1. Requirements for participation

To open a user account and use the BestFit services, you must be 18 years old and have full legal capacity.

BestFit is aimed exclusively at consumers. According to the legal definition, a consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. The use of BestFit for commercial or other commercial purposes is expressly prohibited.

1.2 Supplementary conditions

BestFit reserves the right to agree with additional conditions for individual BestFit services. However, we will inform you about this in time before the use.

2. Services by BestFit

The scope of the BestFit services contained in BestFit and usable by you depends on whether and which BestFit services you use free of charge or against payment.

The details of the service to be provided by BestFit for the customer are given in the individual service descriptions of the individual subscriptions and/or services booked by the customer.

However, all services offered by BestFit are neither medical or medical advice nor psychotherapy. These are not a substitute for an examination or treatment by a doctor or therapist but can support them.

Please note that for the full use of some BestFit services aids, training equipment and/or fitness studio (such as fitness equipment, dumbbells or pull-up bars etc.) are required. These are not part of the BestFit services and may have to be purchased separately and at your own expense.

In the case of nutritional advice, please note that the food recommended during the consultation is not part of the BestFit services and must be purchased separately and at your own expense.

3. People excluded from BestFit services

3.1. Health requirements

The use of the BestFit services is at your own risk.

Should you show signs of cardiovascular disease, lung or respiratory disease (including asthma), spine and/or joint problems, neuromuscular diseases, surgical procedures, other health restrictions, a doctor should be consulted urgently prior to the purchase of the services offered by BestFit in order to exclude possible risks of participation. In general, it is important to pay attention to the signals of the body: If an exercise causes pain or general discomfort, it should not be performed.

For nutrition-related BestFit services, you must also check on your own responsibility whether the ingredients or ingredients contained in the recommended foods can cause intolerances or allergies before eating them as part of a coaching or guide.

For our female athletes, the training and advice we offer should not be used by pregnant or nursing mothers.

In general: Pay attention to the signals of your body. If you have any doubts about your health before using BestFit for the first time or while using it (e.g. because you feel considerable pain, general discomfort, shortness of breath, nausea or dizziness), consult your doctor before starting or continuing with BestFit.

3.2. Excluded diseases

In any case, participation is excluded if you suffer from one or more of the diseases listed below and/or if such a disease has been diagnosed by a therapist or physician and/or if such a disease is suspected by a physician or therapist.

3.2.1. Fracture

  • serious trauma, e.g. due to a car accident or fall from a great height, sports accident
  • minor trauma (e.g. coughing, sneezing or heavy lifting in elderly or potential osteoporosis patients)
  • systemic steroid therapy

3.2.2. Tumor

  • higher age
  • Prehistory of tumor disease
  • general symptoms: weight loss, loss of appetite, rapid fatigue
  • pain that increases when lying on the back
  • severe nocturnal pain

3.2.3. Infection

  • general symptoms, such as recent fever or chills, loss of appetite, rapid fatigue.
  • bacterial infection has undergone
  • i.v.-drug abuse
  • immunosuppression
  • consuming basic diseases
  • recent infiltration treatment of the spinal column
  • severe nocturnal pain

3.2.4. Radiculopathies / Neuropathies

  • pain radiating street-like into one or both legs, possibly associated with sensory disturbances such as numbness or tingling paresthesia in the pain spreading area or feeling of weakness
  • Kauda syndrome: sudden onset of bladder/rectum disorders, e.g. urinary retention, increased urination, incontinence o perianal/perineal sensory disorder
  • Pronounced or increasing neurological deficit (paralysis, sensitivity disorder) of the lower extremity
  • Relaxation of pain and increasing paralysis until complete loss of function of the identification muscle (nerve root death) Conclusion of contract

3.2.5. Further requirements

Prerequisite for the purchase of the services offered by BestFit is the registration on the basis of a user profile, for which a registration is necessary.

Prerequisite for the establishment of a user profile is that you are at least 18 years old, have the unlimited legal capacity and are not under supervision, unless a legally valid representation is actively proven. There is no legal claim to the use of the services of BestFit and BestFit is entitled to refuse the registration without giving reasons. The opening of a user account is possible via BestFit App. During the registration process, you will be asked to accept these General Terms and Conditions and the Privacy Policy. After successful registration, we will send you an e-mail for security reasons in which we ask you to verify the registration. Only then is the registration process completed.

Alternatively, you can log in using your Google Account or Facebook Account. In this case, the registration process is complete when you have entered the account details of your Google/Facebook account and confirmed them.

The contractual relationship between you and BestFit only comes into being with the agreement to these terms and conditions, which is a prerequisite for the use of the services offered by BestFit.

BestFit reserves the right to agree supplementary or deviating conditions for individual services.

4. conclusion of contract

4.1. Login via mobile apps

When registering via the mobile app, the conclusion of the user contract depends on the rules of the respective provider of the store (e.g. Apple, Google, etc.). As a rule, the contract is concluded when you click on the Install field in the respective store and, if necessary, enter your password. Please note that the use of the BestFit service nevertheless requires the opening of a free user account with BestFit.

4.2. Conclusion of a contract for one-off additional services or subscriptions against payment

You can purchase individual additional services either by paying a one-time fee or within a subscription. If you purchase the additional service via your mobile app, the contract is concluded when you click on the „Buy now“ field or a comparable field as part of an in-app purchase and, if necessary, enter your password for the respective app store.

4.3. Correction of input errors

If you would like to purchase a one-time additional service via our mobile app or a subscription via in-app purchase, we will not request any further billing or payment data from you, as you purchase the service via your account with your app store provider. Please contact them if you want to correct any input errors.

5. Term of validity

For the respective term, reference is made to the individual service descriptions of the individual subscriptions and/or services booked by you.

The individual subscriptions and/or recurring services booked by you end automatically with the expiration of time, without the need for cancellation.

You hereby expressly authorize BestFit in advance (and without renewed consent of the respective customer) to inform you about the possibility of the extension of the subscription and/or renewed purchase of the services by e-mail and „InApp Push“ messages 4 (four) weeks before the end of the subscription and/or renewed purchase of the services in the case of the expiration of a subscription booked by you and/or recurring services.

If the collection of the fee owed by you is not possible for any reason, you agree to pay it (also exclusively using one of the means of payment listed under point 8) within 2 (two) weeks from the corresponding payment request by BestFit.

The legal right of termination by you or BestFit for important reasons remains reserved. For BestFit an important reason exists in particular if the customer does not fulfill the health requirements mentioned in number 3. Furthermore, if the customer violates his duties from number 9 and does not stop his behavior within a reasonable period of time despite a corresponding request by the provider or if he eliminates the disturbing condition or repeats the objected violation.

To avoid misunderstandings, please note that the duration of a subscription is calculated according to the calendar and is independent of the duration and scope of your use of the respective BestFit service.

6. Terms of payment

If additional services are purchased by payment of a one-off amount, the fees shall be collected upon conclusion of the contract.

If a subscription is purchased, the fee is collected in advance at the time the contract is concluded for the respective minimum term.

We reserve the right to assert further claims due to late payment.

7. Payment instruments

If you purchase BestFit services against payment via In-App purchases, the invoice will be issued by the provider of the respective store. Please inquire with this provider which means of payment are available.

8. Right of withdrawal

8.1. Cancellation policy

If you conclude a user contract or a contract for a one-time additional service or a subscription, you are entitled to the following right of revocation.

You have the right to revoke the contract within fourteen days without giving reasons. The revocation period is fourteen days from the day the contract is concluded.

The revocation is to be addressed to:

BestFit GmbH

Rintheimer Straße 15, 76131 Karlsruhe, Germany

info@bestfit.app

by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of the decision to revoke the contract. The attached sample revocation form can be used for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

8.2. Consequences of revocation

If you revoke the contract, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of the Contract for all payments we have received from you, including delivery charges (except for additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged for this refund.

If you have requested that the Services commence during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total Services provided for in the Agreement.

8.3. Premature expiry of the right of revocation

The right of revocation expires prematurely in accordance with § 356 Para. 5 BGB in the case of a contract for the delivery of digital content not on a physical data carrier if the company has begun the execution of the contract after the customer

  1. has expressly agreed that the Contractor shall commence with the execution of the contract before the expiry of the revocation period and
  2. You have confirmed your knowledge that by giving your consent you will lose your right of withdrawal at the beginning of the execution of the contract.

8.4. Sample form for revocation

You can use the following revocation form for your revocation.

In any case, please make sure to tell us which BestFit service you want to revoke.

If you want to cancel the contract, please fill out this form and send it back to us:

BestFit GmbH

Rintheimerstraße 15

76131 Karlsruhe

info@bestfit.app

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)

Order/received on (*)Name(s) of consumer(s)Address of consumer(s)Signature of consumer(s)Date

(*) delete as appropriate

9. Liability

If instructions (e.g. for certain exercises and trainings) are made available to you within the framework of our BestFit services, these instructions must be strictly adhered to by you otherwise, injury and health risks exist.

If you use aids or equipment for the exercises and training sessions, it is your responsibility to ensure that these aids and/or equipment function properly and have been installed or set up.

You are obliged to observe our health instructions in section 3.

9.1. Liability for services provided free of charge

In the case of services rendered free of charge, BestFit is liable, regardless of the legal basis, exclusively for damages due to intent and gross negligence or the absence of a guaranteed characteristic. In the case of intent, we are liable without limitation. In the case of gross negligence and the absence of a guaranteed characteristic, liability is limited to the typical, foreseeable damage. Otherwise, our liability is excluded.

9.2. Liability for services rendered against payment

In the case of services rendered against payment, BestFit is liable, regardless of the legal basis, for damages due to intent and gross negligence or the absence of a guaranteed characteristic basically unlimited.

If BestFit violates an essential contractual obligation with slight negligence, the liability is limited to the typical, foreseeable damage. An essential contractual obligation is any obligation which is necessary for the fulfillment of contractual purposes and on the fulfillment of which you as a consumer can or could have relied on.

For damages due to injury to life, body or health, BestFit remains unaffected by the aforementioned restrictions.

Otherwise, our liability is excluded.

9.3. Liability of our employees

To the extent that the liability is excluded or limited, the exclusion or limitation also applies in favor of BestFit’s employees and representatives. The limitations of liability in clauses 9.1. and 9.2. apply to contractual as well as non-contractual claims and apply to the benefit of BestFit’s legal representatives as well as its vicarious agents if claims are asserted directly against them.

9.4. Product liability

Claims under the Product Liability Act shall remain unaffected by the aforementioned exclusions or limitations of liability.

10. Operation of the range of services

BestFit always endeavors to ensure the proper operation of the services offered but does not assume any responsibility or liability for the uninterrupted usability of the Internet, mobile app and e-mail offer and all other program services and their individual functions, in particular not for technical delays, interruptions and failures. You will not be entitled to any claims whatsoever.

11. Rights of use for BestFit contents

The services offered by BestFit include, depending on which services you are activated for or which you have purchased, copyrighted or otherwise protected content, to which BestFit is entitled to corresponding rights. BestFit grants you a simple and non-transferable right to use these contents in a non-commercial form within the framework of the contractual provisions.

12. Responsibility for user-generated content

12.1. No responsibility for external content

You are solely responsible for the content you upload within the BestFit services. BestFit does not check them.

12.2. No legal infringements

When providing your own content, you are obliged to observe all applicable laws and other legal provisions of the Federal Republic of Germany. Irrespective of whether this constitutes a criminal offense, it is generally prohibited to provide content that is pornographic, sexual, violent, racist, inciting to hatred, discriminatory, insulting and/or defamatory in nature.

Furthermore, you are obligated not to infringe the rights of third parties. This applies in particular to the personal rights of third parties as well as intellectual or industrial property rights of third parties (e.g. copyrights, trademark rights, etc.). In particular, you must also be the owner of the necessary rights to your profile picture and other photos posted by you.

BestFit is entitled at any time to delete or remove content that is illegal or violates the aforementioned principles. If you violate the aforementioned principles, we are entitled to warn you or temporarily block your user account or terminate the user contract for a good cause in accordance with Section 15.3.

12.3. Exemption

In the event that you violate the principles stated in Section 12.2 and are at fault (i.e. either negligently or intentionally), you are obliged to indemnify us against claims by third parties based on such violation. We reserve the right to assert claims for damages and other claims.

13. Contract termination

13.1. Contract of use

You have the right to delete your user account at any time and without giving reasons and thus terminate your user contract. All you have to do is make the necessary settings in your profile. Please note that after deletion of your user account all content and training services of BestFit will be deleted or could be deleted after twenty-four (24) months and you also have no access to already acquired content. If, at the time of deletion of your account, you still have a current subscription or have booked an additional service whose term has not yet ended, any amount already paid by you will not be refunded – not even pro-rata.

BestFit is entitled to terminate the user contract without giving reasons with a notice period of two (2) weeks in text form, but at the earliest at the end of the minimum term or the respective extension period of your subscription and/or at the end of the term of a one-time paid additional service.

13.2. Subscription

Each subscription for a BestFit service must be canceled individually. You can cancel the respective subscription at any time without giving reasons with effect to the end of the minimum term or to the end of the respective extension period. In-App purchased subscriptions must be canceled in the settings of the respective store. If your subscription fee is collected via iTunes, a cancellation period of 24 hours to the end of the minimum term or to the end of the respective renewal period will apply, in contrast to the aforementioned for technical reasons. Upon termination of a subscription, your user account and other subscriptions will remain in effect, subject to further termination.

13.3. Termination for cause

The right to terminate for good cause shall remain unaffected for both parties. In particular, BestFit is entitled to terminate the user contract or your subscription with immediate effect and to delete your user account if you seriously or repeatedly violate the provisions of the user contract and/or these General Terms and Conditions or are in default with your payment obligations despite a reminder.

14. Personal data

BestFit processes your personal data in accordance with our privacy policy, which you can access here in its current version. In particular, the data protection regulations regulate and clarify the extent to which your personal data is visible to other users and what options you have to control the transfer to other users.

15. Changes to the General Terms and Conditions

BestFit reserves the right to change and adapt these general terms and conditions with effect for the future. BestFit will inform you about the changes by e-mail at least two (2) weeks before the planned entry into force of the new version of the General Terms and Conditions. If you do not contradict the validity of the new General Terms and Conditions within this period and continue to use BestFit, the new General Terms and Conditions will be deemed accepted. In case of objection, BestFit expressly reserves its ordinary right of termination. BestFit will also inform you separately about your right of objection, the deadline for this and the legal consequences of your silence or an objection.

16. Obligations of the customer

16.1. Obligation to secrecy

You are obliged to keep your access data for the user profile, in particular, but not limited to the password for access, secret and secure against access by third parties and to neither tolerate nor enable third parties to gain knowledge of them. In case of misuse or loss of the password or a corresponding suspicion, you have to inform BestFit immediately.

16.2. Correct data entries

You are obliged to provide all information requested by BestFit during the registration of the customer profile as well as during the booking of the individual program offers, correctly, completely and truthfully.

16.3. Duty of care and reporting obligation

For his own safety, the customer has to perform the exercises shown by BestFit with due care and according to the instructions of BestFit.

You are obliged to inform BestFit immediately about all medical conditions, illnesses, physical characteristics, etc. which are in any way contradictory to and/or not in accordance with the exercises indicated by BestFit. The same reporting obligation of the customer exists, if the exercise displayed by BestFit contains movements, which you have to refrain from on medical or therapeutic order.

In addition, the customer is obliged to observe the instructions in numbers 2 and 3.

17. Final provisions

17.1. Applicable law

German law shall apply exclusively between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable, insofar as it concerns mandatory consumer law provisions.

17.2. Place of jurisdiction

If you do not have a general place of jurisdiction in Germany or in another EU member state or if you have moved your permanent residence to a country outside the EU after these General Terms and Conditions have come into effect or if your place of residence or habitual abode is not known at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.

17.3. Contract language

The contract language is English.

17.4. Severability clause

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid or enforceable provision whose effects come closest to the economic objective pursued by BestFit and you with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the conditions prove to be incomplete.

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