General Terms And Conditions Of Business For Using Gymify

General Note: The following Gymify General Terms and Conditions are intended for use with our international customers for which we do not provide localized terms and conditions. Please refer here: www.gymifyapp.com/terms.html to check whether localized Gymify General Terms and Conditions exist which will apply to you if you have your place of residence in one of those countries.

1. Introduction

The following General Terms and Conditions of Business set out the legal framework for using Gymify and the services that we offer. Therefore, please read these General Terms and Conditions of Business carefully.

2. Scope

2.1 Parties to the contract and subject matter of the contract

These General Terms and Conditions of Business form the basis of the user contract being formed between you and us, Norbert Sroczyński, Polanka 7H/13, 61-131 Poznań, Poland (hereinafter referred to as "us" or "we"). The subject matter of this contract is the use, free of charge or for a fee, of the services we offer under the name Gymify via our website www.gymifyapp.com, other Gymify websites or via our software applications (hereinafter referred to individually as "Gymify Service" or collectively as "Gymify Services" or in general "Gymify"). If you would like to have a mobile app to use the Gymify Services, please check our website www.gymifyapp.com to see if we have a mobile app for your end device and your end device's operating system.

2.2 Terms and conditions for participating

A condition for opening a user account and using the Gymify Services is that you are at least 18 years of age and have full legal capacity.

Gymify is intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Use of Gymify for commercial purposes of any kind is expressly prohibited.

2.3 Additional terms and conditions

We reserve the right to agree to additional terms and conditions for individual Gymify Services. We will, however, notify you of this in good time prior to use.

3. Gymify Services and Prices

3.1 Services free of charge or for a fee

The scope of the services included in Gymify and the Gymify Services and available for use by you depends on the type of Gymify Service and whether you use the Gymify Services free of charge or for a fee. If you use it free of charge you only have access to certain basic functions and information of the respective Gymify Service. A more extensive range of functions is available to you if you enable the respective content modules (such as a training routine) separately in return for a one-off payment or as part of a subscription for the respective Gymify Service.

Please note that in order to use some of the Gymify Services to the full extent, certain equipment and training tools (such as a gym machine, dumbbells or a pull up bar) may be required. These are not part of the Gymify Services and need to be provided or purchased by you separately at your own costs.

In case of nutrition coachings, please note that the foods suggested as part of the coaching are not part of the Gymify Services and need to be purchased by you separately at your own cost.

3.2 Prices

Please consult the website www.gymifyapp.com for information on the respective current pricing and subscription models and the services that these include. All prices stated include the applicable VAT.

4. Your Health

4.1 Terms and conditions with regard to your health

Use of the Gymify Services is at your own risk.

In any case a condition for the use of the Gymify Services is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you start the Gymify Services (such as trainings or coachings). This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures: (i) cardiovascular disease, (ii) lung or respiratory disease (including asthma), (iii), spinal and/or joint problems, (iv) neuromuscular disease, (v) surgical procedures, (vi) any other health issues.

In case of Gymify Services related to nutrition, you are responsible for verifying that the foods and nutrients recommended as part of the coaching or guide do not contain any ingredients or contents to which you are allergic or which may cause food intolerance.

In addition our female athletes should note that pregnant women and breast-feeding mothers should not do the trainings and coachings offered by us.

The following general rules apply: Listen to what your body is telling you. Before using the Gymify Services for the first time or while using Gymify, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing with Gymify.

4.2 No substitute for medical advice

The services and information offered by Gymify and the Gymify Services do not constitute medical advice or a doctor's advice. Nor are they a substitute for a medical examination or treatment by a doctor.

4.3 Training-/Dietary Methods

Fitness and/or nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science. Although we base our trainings and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge.

5. User Account

5.1 Registration process

In order to use the Gymify Services you must first register and open a user account to use Gymify. It is sufficient to open only one user account, even if you wish to use several Gymify Services (for example different Apps). You can open a user account via one of our mobile apps. We will ask you to accept these General Terms and Conditions of Business and our privacy policy during the registration process.

You can open a user account by using your Facebook account. The registration process is completed, once you have entered your Facebook account details and clicked the "Confirm" button.

6. Conclusion of a Contract

How the respective contract is formed depends on the method by which you register for Gymify for the first time and whether you sign up for additional fee-based services.

6.1 Registration via mobile apps

When registering via mobile apps, the formation of the user contract depends on the rules of the app store supplier (for example Apple, Google, Sony etc.). The contract is generally formed when you click on the "Install" field in the relevant app store and, where necessary, enter your password in question. Please note that in order to use the Gymify Services it is still necessary to open a cost-free user account with us.

6.2 Conclusion of a contract for one off additional services for a fee or for subscriptions

You can purchase individual additional services either by paying a one-off fee or as part of a subscription. If you purchase the additional service via your mobile app, the contract is formed when you click on the field "Buy now", or a similar field, as part of an in-app purchase and, where necessary, enter your password for the app store in question.

6.3 Correction of input errors

If you would like to purchase a one-off additional service or a subscription via our mobile app as part of an in-app purchase, we will not ask you for any further billing or payment details because you will purchase the service via your account with your app-store supplier. Please contact the relevant app-store supplier if you would like to correct any input errors.

7. Term of Validity

7.1 User contract

The user contract concluded between you and us once you register your account is valid for an indefinite period.

7.2 One-off additional services

One-off additional services may be offered for a fixed term. They will then end automatically at the end of the term without needing to be cancelled.

7.3 Subscriptions

Our subscriptions are offered with varying minimum terms of validity and are automatically renewed for the same minimum term that has been selected until you or we cancel them.

In order to avoid any misunderstanding, please note that the term of a subscription is determined by calendar and is independent from your use or extent of your use of the respective Gymify Service.

8. Terms and Conditions of Payment

8.1 Collection of fees

Fees are collected when the contract is concluded for purchases of additional services through the payment of a one-off sum. The fee is collected for the relevant minimum term when the contract is concluded for the purchase of a subscription. If the subscription is renewed automatically, the fee is collected in advance at the start of the relevant renewal period. Different terms and conditions apply if the fee is collected via iTunes; in this case the fee is already collected 24 hours before the start of the respective billing period.

8.2 Payment default

We reserve the right to assert further claims for late payments.

9. Payment Methods

If you purchase Gymify services for a fee via in-app purchases, the respective app-store supplier will bill you.

If we incur costs and/or expenses because a payment is declined and this is your fault (e.g. because there are insufficient funds in the account or the credit card limit has already been exhausted), then we are entitled to bill you for the actual costs and/or expenses incurred.

Where there is a legitimate reason, we reserve the right for each purchase to refrain from offering certain payment methods and to specify alternative payment methods.

10. Right of Withdrawal

10.1 Withdrawal policy

If you have entered into a contract for use of Gymify or purchased a one-off additional service or a subscription, in each case, you are entitled to the following right of withdrawal.

You have the right to withdraw the contract within 14 days without stating any reasons. The withdrawal period runs for 14 days from the conclusion of the contract.

To exercise your right of withdrawal you must send us:

Norbert Sroczyński
Polanka 7H/13
61-131 Poznań
Poland
support@gymify.com

unequivocal notification (e.g. a letter sent by post or an email) of your decision to withdraw the contract. To meet the deadline for withdrawal it is sufficient to send us the notification of your wish to exercise your right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw the contract we are obliged to refund all the payments that we have received from you, including the delivery costs (except for any additional costs incurred as a result of your choosing a different delivery method to the least expensive standard delivery method that we offer), promptly and at the latest within 14 days from the day on which we received the notification of your withdrawal of the contract. For this refund we will use the same payment method that you used for the original transaction unless a different arrangement has been expressly agreed with you; under no circumstances will you be charged any fees in respect of this refund.

If you asked for the services to start during the withdrawal period you must pay us an appropriate amount, equal to the proportion of the services that have already been provided by the time you inform us that you are exercising your right to withdraw this contract compared to the full scope of the services covered by the contract.

10.2 Lapse of the right of withdrawal

In the case of a contract for the provision of services the right of withdrawal lapses if we have provided the service in full and only began to perform the service after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal if we had completely fulfilled the contract.

In the case of a contract for the delivery of digital content that is not stored on a physical data carrier the right of withdrawal also lapses if we have begun to perform the contract after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal once we had begun to perform the contract.

11. Liability for Defects

11.1 Statutory Provisions

Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.

11.2 Disclaimer of guarantees

We do not make any representations or guarantees that the use of the Gymify Services will bring the training- or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the Gymify Services.

12. Liability

12.1 General

Insofar as you are provided with guides or instructions in connection with the Gymify Services it is imperative that you follow them. Otherwise you risk being injured and your general health.

Insofar as you use equipment or training tools it is your responsibility to ensure that such equipment and tools are in good working condition and installed and/or set up properly.

You need to observe and respect our health safety notices in clause 4.

12.2 Liability for services provided free of charge

For services provided free of charge, we will be liable, regardless of the legal basis, exclusively for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for wilful misconduct. In the event of gross negligence or the absence of a guaranteed feature our liability is limited to reasonable, foreseeable damage. Otherwise, our liability is excluded.

12.3 Liability for services provided for a fee

In the case of services provided for a fee we have, regardless of the legal basis, unlimited liability in principle for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature.

If we breach a material contractual obligation as a result of slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfil the purpose of the contract, and on the fulfilment of which you as the consumer can rely or ought to be able to rely.

Our liability in the event of any injury to life, limb or health that is our fault remains unaffected by the above-mentioned limitations.

Otherwise, our liability is excluded.

12.4 Liability of our employees

To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.

12.5 Product liability

Claims under the German Product Liability Act remain unaffected by the above-mentioned liability exclusions or limitations.

13. Rights of Use over Gymify Content

Depending on which services have been enabled for you, or which services you have purchased, the services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites other than Gymify websites, is not permitted. The right of use will lapse when your access to the respective service is no longer enabled (e.g. after you have cancelled your subscription) or when your user contract ends.

14. Responsibility for User-Generated Content

14.1 Disclaimer of responsibility for third party content

You are solely responsible for content that you post within the Gymify Services. We accept no responsibility for this content, nor do we monitor it. You are prohibited from advertising commercial websites or other products through your user account.

14.2 Compliance with statutory provisions

When supplying your own content you are obliged to comply with all the applicable laws and other legislation of the Federal Republic of Germany. Regardless of whether this constitutes a criminal act, it is generally prohibited to provide content that is pornographic, sexual, violent, racist, instigating, discriminatory, explicit, insulting and/or libelous in nature.

In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights). In particular you must also hold the necessary rights over your profile picture or any other picture you post.

We are hereby authorized to delete or remove content that is illegal or that conflicts with the previously stated guideline, at any time and without forewarning. If you infringe the above-mentioned principles we are entitled to give you a warning or to temporarily block your user account or to cancel the user contract for good cause in accordance with clause 15.3.

14.3 Indemnification

If you infringe the principles mentioned in clause 14.2 and that this is your fault (i.e. because you acted either negligently or with intent), you are obliged to indemnify us against any third-party claims arising from such infringement. This indemnity also includes the costs of a suitable defense. You are obligated to provide assistance in clarifying the disputed situation. We reserve the right to assert claims for damages and other claims.

15. Ending the Contract

15.1 User contract

You have the right to cancel your user account at any time, without stating any reasons, thereby also ending your user contract. To do this you simply have to select the necessary settings in your profile. Please note that after you have cancelled your user account we will or may delete all the content and training results that you added, and you will no longer have access to content that you already purchased. If at the time of deleting your account you still have a current subscription or have booked an additional service that has not yet expired, any sum that you have already paid will not be refunded, not even on a pro rata basis.

We are entitled to cancel the user contract without stating any reasons by giving two (2) weeks' written notice, but no earlier than at the end of the minimum contractual term or at the end of the respective renewal period of your subscription and/or at the end of the term of any additional service for which you have paid a one-off fee.

15.2 Subscription

Every subscription for a Gymify Service must be cancelled individually. You can cancel the respective subscription without stating any reasons at any time effective at the end of the minimum contractual term or at the end of the respective renewal period. Subscriptions purchased via in-app purchase must be cancelled using the settings in the respective app store. If your subscription fee is collected via iTunes, contrary to the provisions above a notice period of 24 hours before the end of the minimum contractual term or before the end of the respective renewal period applies for technical reasons. Your user account and any other subscriptions will continue to exist after you have cancelled your subscription.

We are entitled to cancel your subscription with effect from the end of the minimum contractual term or with effect from the end of the respective renewal period by giving two (2) weeks' written notice.

15.3 Cancellation for good cause

The right to cancel for good cause remains unaffected in the case of either party. In particular we are entitled to cancel your user contract or your subscription with immediate effect, and to cancel your user account, if you seriously or repeatedly breach the provisions of the user contract and/or these General Terms and Conditions of Business, or if you are in arrears with your payment obligations.

16. Personal Data

We process your personal data in accordance with our privacy policy; you can always retrieve the current version of these at www.gymifyapp.com/privacypolicy.html. In particular these data protection provisions govern and explain the extent to which your personal data can be seen by other users and what options you have for controlling its disclosure to other users.

17. Changes to the General Terms and Conditions of Business

We hereby reserve the right to modify and adjust the general terms of business with future effect if this is required by the legal, regulatory, or technical environment, and if these changes are reasonable and take your interests into consideration. We will advise you of the changes by email no later than two (2) weeks before the new version of the General Terms and Conditions of Business is scheduled to enter into force. If you do not object to the validity of the new General Terms and Conditions of Business within such period and continue to use Gymify, then the new General Terms and Conditions of Business will be deemed to have been accepted. In the event that you do object, we expressly reserve our rights of ordinary cancellation. We will also advise you again separately of your right to object, the deadline to do so and the legal consequences of your objection or failure to object.

18. Final Provisions

18.1 Applicable law

The relationship between the parties is governed exclusively by Polish law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.

18.2 Place of jurisdiction

If you do not have a place of general jurisdiction in Poland or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions of Business have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.

18.3 Language of the contract

The language of the contract is English.

18.4 Severability clause

Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.

19. Information about the Supplier

Norbert Sroczyński
Polanka 7H/13
61-131 Poznań
Poland
Email: support@gymify.com
VAT number: PL7871972224

20. Option to save and review the contract language

These General Terms and Conditions of Business may be reviewed by you at www.gymifyapp.com/terms.html.

You can review any further contractual information and data in your user account. Alternatively, you may also print or store the order confirmation which you will receive after making a purchase.