General Terms of Use of the MumMeFit GmbH for the MumMeFit app

The provider of the app is MumMeFit GmbH, Welfenstr. 108, 81541 Munich, Germany (hereinafter „MumMeFit“ or „we“).

Preamble

MumMeFit aims to increase the physical well-being of mothers by stimulating and guiding them to exercise through the MumMeFit app.

Please note: As mothers are in a sensitive physical condition especially after giving birth, the training program may only be used in compliance with the regulations described in detail under 1. b).

The use of the app requires that the following terms of use have been accepted.

1. Usage in General

 a) Contracting parties and subject of the contract

These general terms of use form the basis for the contract that enters into force between you and MumMeFit.

The content contained in the app is for personal use only. In addition, the use of this App may be subject to additional terms and conditions that you as a user have accepted vis-à-vis the operator of the respective App platform (e.g. Google Play or Apple Store).

The subject of this contract is the use, free of charge or against payment, of the services offered by us in the form of software applications (hereinafter referred to as „MumMeFit App“). If you would like to use our mobile MumMeFit app, please check http://www.MumMeFit.de/betriebssysteme to see whether we offer a mobile app for your device or for the operating system of your device.

The MumMeFit app does not include internet access. You are responsible for the internet access, the technical requirements, the configuration and performance of the device this application is used with and the up-to-dateness of the required software at your own expense.

b) Conditions for registration and use of the training contents

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

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

Furthermore, you should absolutely fulfil the following requirements to actively train with the help of MumMeFit:

– Your final medical examination after birth by the attending physician must have been positive and without findings

– Your midwife supports you in starting with recovery exercises

You must be in good general health. If you feel any pain, other complaints, previous illnesses or other signs of illness or injury, we strongly advise you not to actively use our training instructions.

MuMeFit and the instruction videos contained therein are not intended for medical purposes. The services and information offered within the MumMeFit app aren’t medical advice. Nor do they substitute a medical examination or treatment. The app is not intended to provide medical advice and is not intended to be used for therapeutic or diagnostic purposes or to replace a visit to a doctor or physiotherapeutic treatment.

In general: pay attention to signals from your body. If you have any doubts about your health before or during the use of MumMeFit, consult your doctor before you start or continue using MumMeFit.

The instructions for MumMeFit training for mothers are only an instruction for self-training and do not replace participation in a professional postnatal rehabilitation course. We therefore strongly recommend that you also take part in a postnatal rehabilitation course led by trained personnel, especially to better understand natural physical limitations after birth and to be able to make the best use of the accompanying training program for new mothers.

c) Prices

On the website www.MumMeFit.com you will find the current price/and subscription models and the services included in these. All prices listed there are inclusive of the applicable value added tax. If you make paid in-app purchases, we will display prices there transparently.

2. Conclusion of contract

How the respective contract is concluded depends on the way you register for MumMeFit for the first time and whether you make use of additional services against payment.

a) Registration for free use on the internet or in the app

At the first registration the contract of use between you and us comes into effect after successful completion of the registration process, which is confirmed by sending you the registration confirmation by email.

b) Registration for paid premium content

When registering for paid premium content via the mobile app, the conclusion of the usage contract also depends on the procedure of the respective provider of the store (e.g. Apple, Google, Sony etc.). As a rule, the contract is concluded when you click on the „Install“ field in the respective store and enter your password, if necessary. Please note that the use of all paid services of the MumMeFit app requires in any case the opening of a free user account with us.

You can purchase individual additional services either by paying a one-off amount or by regular payments within a subscription. The contract is concluded when you click on the „Buy now“ button or a similar button within the context of an in-app purchase and enter your ID and password for the respective app store, if necessary.

c) Correction of input errors

If you would like to purchase a one-time additional service or a subscription with costs, you can cancel the process at any time and correct any input errors until you have successfully entered your payment data.

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

3. User Account

The scope of the services included in the MumMeFit app may depend on whether you use the free or paid functions. If you use the app free of charge you may only have access to certain basic functions and information of the respective MumMeFit service. An extended range of functions may be available to you if you have certain contents (e.g. a special training program) for the respective MumMeFit service activated separately against a one-time payment or within the scope of a subscription.

When creating your MumMeFit account, you are obliged to correctly provide your name and e-mail address and, if applicable, additional data entered voluntarily. MumMeFit reserves itself the right to refuse to open a MumMeFit account for a user, especially if there is reason to believe that the user will not behave in accordance with the contract.

You must keep your access data (MumMeFit ID and – if available – MumMeFit password) secret and must not allow third parties to access the MumMeFit app with this access data. In any case you must protect your MumMeFit account against access by third parties with appropriate and reasonable measures. Any use of the MumMeFit app using a user’s access data will always be attributed to the user in question.

MumMeFit can additionally also offer registration by using the existing access data of third party internet services (e.g. Google, Facebook).

Furthermore, you are obliged to keep the data stored in your MumMeFit account up to date.

 

4. Usage rights of the MumMeFit content

The services offered by us contain contents protected by copyright or otherwise, to which we are entitled to the corresponding rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial manner in accordance with the contractual provisions. For clarification we point out that especially granting public access to our content is not allowed. The granted right of use expires with the termination of the contract of use.

5. Duration of contract, termination

The contract of use is concluded for an indefinite period. The right to terminate for good cause remains unaffected for both parties. In particular, we are entitled to terminate the user contract or a subscription with immediate effect and to delete your user account if you seriously or repeatedly violate the provisions of the user contract or are in default with your payment obligations despite a reminder.

In particular, we may terminate the contract with you and/or block your MumMeFit account in whole or in part

– if incorrect data of the customer is given or

– if communication via the contact data you have provided is no longer successful (for example, due to an outdated e-mail address) or

– in the event of a breach of these Terms of Use by you, unless such breach is not attributable to you or is insignificant.

You may terminate your MumMeFit account for further use of MumMeFit at any time without notice in writing or by electronic declaration in text form to kuendigung@MumMeFit.com. MumMeFit can terminate the MumMeFit account properly with a notice period of two weeks.

6. Responsibility for user-generated contents

a) Responsibility for external contents

You are solely responsible for contents you upload within the MumMeFit app. We do not adopt them as our own and do not check them without reason. You are not allowed to advertise commercial websites or other products via your user account.

b) Legal infringements

You are obliged to observe all applicable laws and other legal provisions of the Federal Republic of Germany when providing your own content. Irrespective of whether this results in criminal offences, it is generally prohibited to provide content that is pornographic, sexual, violent, racist, seditious, discriminatory, not youth-friendly, insulting and/or defamatory.

Furthermore, you are obliged not to violate the rights of third parties. This applies in particular to the right of personality of third parties as well as to intellectual or industrial property rights of third parties (e.g. copyrights, trademark rights etc.). In particular, you must be the owner of the necessary rights to your profile picture and other photos you have uploaded.

We are entitled to delete or remove content that is illegal or violates the aforementioned principles at any time without prior notice. If you violate the aforementioned principles, we are entitled to warn you or to temporarily block your user account or to terminate the user contract for good cause in accordance with section 5.

c) Exemption

In the event that you violate the principles mentioned in paragraph 6 c) above and are responsible for this (i.e. you have acted either negligently or intentionally), you are obliged to indemnify us from claims of third parties based on such violation. The indemnification also includes the costs of a reasonable defense. You are obliged to assist in the clarification of the facts in dispute. We reserve the right to assert claims for damages and other claims.

7. Terms of payment

a) Collection of the user charge

In the case of a purchase of additional services subject to a charge by payment of a one-off amount, the fees are collected upon conclusion of the contract.

If a subscription is purchased, the fee is collected in advance for the respective minimum term at the time the contract is concluded. If the subscription is extended automatically, the fee is collected in advance at the beginning of the respective extension period. This does not apply if the fee is collected through iTunes, where the fee is collected 24 hours prior to the beginning of the applicable billing cycle.

b) Means of payment

If you purchase MumMeFit services against payment via in-app purchases, the billing will be done by the provider of the respective store. Please ask this provider which payment methods are available. If you purchase MumMeFit services against payment via our website http://www.MumMeFit.com, you will find an overview of the payment methods accepted by us.

If we incur costs and/or expenses when a payment is refused and you are responsible for this (e.g. because your account does not have sufficient funds or the limit of your credit card is already exhausted), we are entitled to charge you for the costs and/or expenses incurred in the actual amount.

We reserve ourselves the right to not offer certain means of payment at every purchase and to refer you to other means of payment if there is a justified reason for this.

8. Updates & Support

If MumMeFit provides any updates and/or other support services for the app, these services are offered to you at our free discretion. MumMeFit is entitled to stop the provision of updates and/or support services in whole or in part at any time.

9. Liability

MumMeFit shall be liable in accordance with the statutory provisions for damage caused by MumMeFit or our vicarious agents or assistants by intent or gross negligence. In case of simple negligence, we shall only be liable for a violation of an essential contractual obligation and only for foreseeable and typical damages. Essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the user may regularly rely on. The provisions of this paragraph 9 shall also apply to legal representatives and vicarious agents of MumMeFit.

Limitations of liability shall not apply within the scope of given guarantees, in case of culpable injury to life, body or health as well as for claims under the German Product Liability Act.

10. Online settlement of disputes

The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with an online order out of court first. You can find the dispute resolution platform here: http://ec.europa.eu/consumers/odr/

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

11. Amendments of these terms of use

We are constantly working to optimize our services. Therefore, MumMeFit reserves the right to add or remove functions and features and possibly introduce new restrictions of the services. You can terminate and cancel the use of the app at any time (see paragraph 5.). MumMeFit reserves the right to change and adapt the terms of use appropriately. You will be informed about this in an appropriate way.

Changes will be communicated to you in text form by email with a period of notice of at least six weeks. These changes are considered approved by you unless you object in writing within the announcement period or if you continue to use MumMeFit after its expiry. MumMeFit will inform you about these effects again in the announcement. If you object to a change in the terms of use, this will be considered as termination of your MumMeFit account without notice.

12. Other provisions

These terms of use represent the entire agreement between MumMeFit and you. Additional agreements do not exist. Amendments and supplements to this agreement must be made in writing to be effective, unless otherwise expressly provided for in these Terms of Use. Text form is not sufficient for the written form.

Should one or more provisions of these Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties will close any gaps that arise according to the presumed will of the contractual partners.

These Terms of Use and their implementation are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The language of the contract is the language in which the registration process was carried out.

13. Storage possibility and inspection of the contract text

These general terms and conditions can be viewed at http://www.MumMeFit.com/agb and are sent by e-mail each time you register.

You can view the remaining contract information and data in your user account. Alternatively, you can also print or save the automatic confirmation which you will receive after the conclusion of the user contract.

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