Terms of Service
1. general
1.1 Scope and subject matter of the contract
These General Terms and Conditions (hereinafter: GTC) define the legal framework for the use of the XRsize Fitness App as well as for all related services, products, content and functions.
The XRsize Fitness App (hereinafter: App) is a fitness app that creates AI-based, personalized training plans for you and enables you to evaluate and document your training progress by means of extensive tracking and analysis features.
1.2 Requirements for participation
You may only use the app if you are 18 years of age or older. The use of XRsize Fitness is only allowed for consumers. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Use for commercial or other commercial purposes is expressly prohibited. The provider reserves the right to restrict or terminate access to the app at any time without prior notice.
1.3 Provider
Provider of the App is:
Von Locquenghien and Jans GbR
Lincoln Street 14
64285 Darmstadt
Germany
EMail: fitnessxrsize@gmail.com
2. services and prices
2.1 Free and paid services
The scope of the services and content you can use in the XRsize Fitness App depends on whether and which services you use for free or for a fee. In the free basic version, the range of functions is limited and advertising content is automatically displayed. In contrast, in the paid pro version there are no ads and you can use all the features of the app. A Pro feature is, for example, the graphical evaluation of your training progress.
The exact scope of services of the basic and pro version can be found in the app description in the Google Play Store (hereinafter: Play Store) in the version valid at the time of the conclusion of the contract.
Please note that meaningful use of the app requires access to fitness equipment, which is usually obtained through membership in a gym. This is not part of our services, i.e. you must take care of access yourself and acquire it at your own expense if necessary.
2.2 Changes in the scope of services
You have no claim that the app contains certain content. We are entitled to change the scope of services of the app at any time, if this is reasonable under consideration of your interests.
2.3 Prices
Please inform yourself in the Play Store about the current price and subscription models and the then usable services. All prices quoted are inclusive of the applicable sales tax.
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3. term and scope
3.1 User Agreement
By downloading the app via the Play Store, you have agreed to our Terms and Conditions and a usage contract is concluded that is valid for an indefinite period of time. you are a user within the meaning of the Terms and Conditions downloaded.
3.2 Scope and duration of the Pro version
The Pro version of our app is offered in different subscriptions with different minimum terms. The subscriptions are automatically extended by the period of the selected minimum term until a cancellation is made by you or by us. The 14-day right of cancellation only applies to new contracts and not to automatically extended subscriptions.
4. your obligations
4.1 Health requirements
You use the app at your own risk. Your general health condition should be good. Generally, it is recommended to consult a doctor before taking on new sporting and physical challenges. This applies in particular to known pre-existing conditions. Let a doctor advise you whether your physical conditions are suitable for training with the app. This is especially true if you know you have or have had one or more of the following conditions / procedures / diseases:
Muscular, joint or spinal problems.
Cardiovascular or neuromuscular disease
Asthma or respiratory diseases
Autoinflammatory diseases
Rheumatic diseases
surgical interventions
other health restrictions
In these cases, we strongly advise against using the app.
As a woman, you should not exercise with the app if you are pregnant or breastfeeding.
The contents of the app are not to be considered medical advice. Accordingly, it is not a substitute for a medical examination, treatment or in-depth consultation.
The workout instructions are not universally suitable for all people and should not be performed without first consulting a trainer.
It is your responsibility to determine the suitability of the suggested workouts within the context of your individual health and physical conditions. If you experience pain during an exercise, you should stop the exercise immediately, consult a doctor if necessary, and adapt your future training accordingly. If the weight or number of repetitions suggested by the app seems too high, change the parameters according to your personal physical abilities and preferences. If you have any questions or concerns, always consult a doctor or the staff at your gym.
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4.2 Training methods
The pool of sports science studies is constantly growing and sometimes produces contradictory results. We strive to base the content and training recommendations of this app on established and contemporary findings. However, we cannot guarantee that the contents of the app correspond to the current sports science findings.
4.3 Obligations of conduct
You are obligated to refrain from any actions that impair the functionality of the app. You may not tamper with the App to change its functionality or gain unauthorized access. You may not interfere with the operation of the App or attempt to block or interfere with other users' access to the App.
4.4 Change of your data
If your contract-relevant data changes (name, address, email address), you have to inform us immediately.
5. usage fees
5.1 Amount of the user fees
If you decide for a chargeable offer, the current prices at the time of purchase apply. You can find an overview of the current prices in the app description of the Play Store or in the app itself.
5.2 Due date of payments
For a subscription with a term of (1) one month, payment is due immediately in advance at the beginning of each billing month.
For a subscription with a term of (12) twelve months, payment is due immediately in advance at the beginning of each billing year.
The first billing period begins on the day on which you have taken out a subscription and thus concluded a contract.
6. cancellation policy
6.1 Right of revocation
If you conclude a user contract or a subscription contract with us, you have the following right of revocation.
You have the right to cancel the contract within (14) fourteen days without giving any reason. The withdrawal period is (14) fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by means of a clear statement (e.g. a letter or email sent by post). You can do this by filling out the model withdrawal form from 6.4 and address it to the following recipient:
Von Locquenghien and Jans GbR
Lincoln Street 14
64285 Darmstadt
Germany
fitnessxrsize@gmail.com
If you make use of your right of revocation, we will immediately send you (e.g. by email) a confirmation of receipt of the revocation.
6.2 Consequences of the revocation
If you cancel the contract, we have to refund all payments we have received from you immediately and at the latest within (14) fourteen days from the day on which we received the notification of your cancellation of the contract. For this repayment, we will use the same means of payment that you used for the original transaction.
If you have requested that the services begin during the withdrawal period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.
6.3 Expiration of the right of withdrawal
Your right of withdrawal shall also expire in the case of a contract for the delivery of digital content not on a physical data carrier if we have commenced performance of the contract after you have expressly consented to our commencing performance of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that by consenting you lose your right of withdrawal upon commencement of performance of the contract.
6.4 Model withdrawal form
If you wish to cancel the contract, please fill in this form and send it back to:
Von Locquenghien and Jans GbR
Lincoln Street 14
64285 Darmstadt
Germany
fitnessxrsize@gmail.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) /the provision of the following service (*)
- Ordered on (*) /received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
Date
_______
(*) Delete where not applicable.
7. termination of contract
7.1 Deletion of the account
You can delete your account at any time by sending an informal email to fitnessxrsize@gmail.com.
7.2 Term and Cancellation
Your subscription will automatically renew for one (1) additional month for a subscription with an initial term of one (1) month, or for one (1) additional year for a subscription with an initial term of one (1) year, if you do not cancel your subscription in the App Store settings at least 24 hours before the end of the contract period or in the Play Store or via "Manage Subscription" on the Website by the last day of the contract period.
After an effective cancellation, your subscription will remain in effect until the end of the contract. During this time, you can continue to use the Pro version. After that, your account will be downgraded back to the basic version.
We are entitled to terminate your subscription at the end of the initial term or at the end of the renewal period with a notice period of two (2) weeks in text form.
7.3 Termination for cause
Both parties have the right to terminate for cause, which remains unaffected by the above provisions. For example, we reserve the right to delete your account if you repeatedly or seriously violate these GTC or are in default of payment despite a reminder.
8. data protection
When using the app, we process your personal data in accordance with our privacy policy. This privacy policy informs you about the nature and extent of data collection and shows you how we use your data.
9 Liability
9.1 General
By using this app, you agree that we, as the provider of this app, exclude any liability for injuries, accidents, direct and indirect damages and consequential damages of any kind.
It is your responsibility to ensure the proper functioning of any equipment or aid used (e.g. a machine or barbell), to validate the correct execution of the exercises on site by a trainer / expert and to ensure your basic health suitability, if necessary after consultation with a medical professional.
9.2 Liability of our employees
Our limitations and exclusions of liability apply equally in favor of our agents and employees.
9.3 Product liability
Claims under the Product Liability Act shall remain unaffected by the aforementioned limitations and exclusions of liability.
9.4 Statutory provisions for claims based on defective performance
The statutory provisions for claims based on defective performance shall apply and your rights as a consumer shall remain unaffected in any case.
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10. final provisions
10.1 Applicable Law
These GTC and all legal relations between you and us shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 Jurisdiction
These GTC are subject to German law. The exclusive place of jurisdiction for disputes arising from or in connection with the use of the app is the court responsible for the registered office of the provider.
10.3 Contract language
The contractual language is German.
10.4 Severability clause
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
10.5 No participation in consumer dispute resolution procedures
The EU Commission provides a platform for out-of-court dispute resolution, which allows you to settle disputes related to your online order out of court.
You can find the dispute resolution platform here: https://ec.europa.eu/consumers/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
10.6 Changes to our terms and conditions
We reserve the right to change these GTC at any time without prior notice. The amended terms will apply from the time they are published on the Website or within the App. We will notify you of the nature and scope of the changes in advance and give you the opportunity to object to these changes within a reasonable period of time. We will also notify you that the changes will take effect in the absence of an objection.
Status 01.05.2023