General Terms and Conditions for the Use of MyFitCoach

1. Scope

1.1 These terms and conditions apply to the contracts for the use of our MyFitCoach app concluded between you and us, MyFitCoach GmbH, Marie-Jahn-Straße 20, 30177 Hannover.

1.2 The language available for the conclusion of the contract is exclusively German. If translations of these terms and conditions are made available in other languages, these are for your information only. In case of any differences between the language versions, the German text takes precedence.

2. Subject of the Contract

2.1 To use the MyFitCoach app, you must first register and create a user account. You can create a user account either directly online at our websites, www.myfitcoach.de and www.myfitcoach.app, or through the MyFitCoach app. As part of the registration process, you will be required to accept our Terms and Conditions and Privacy Policy.

2.2 You have the option to purchase the MyFitCoach app through our website, the online platform Digistore24, the Apple App Store, or the Google Play Store. The user agreement between you and us is concluded when you click on the "Confirm Payment" button or a similar button on the website. For Digistore24, the user agreement is concluded when you click on the "Confirm Payment" button or a comparable button. In the MyFitCoach app, the user agreement is concluded when you make an in-app purchase by clicking on the "Buy Now" button or a similar button and entering your password for the respective app store, if required. Additionally, we refer to the Terms and Conditions of the respective app store.

3. Training, Nutrition, and Health Advice

3.1 The use of MyFitCoach services is at your own risk and you are responsible for your own health. We are not a medical facility and do not provide medical advice or diagnoses. The purpose of the services is merely to assist you and other users in achieving their bodybuilding and fitness goals. This assistance is provided through suggestions regarding training, nutrition, and recovery. In addition, we provide you with the opportunity to record your training, nutrition, and body data in the app. A prerequisite for using the MyFitCoach app is always a good general state of health. For female athletes, it is also important to note that the nutrition and training coaching we offer should not be used by pregnant or breastfeeding mothers.

3.2 Always consult with a doctor before starting to implement a diet or training plan from us, or if you experience pain or other discomfort during the process.

3.3 Our services are only intended for healthy adults. Please do not use our services if you suffer or could suffer from a disease that could be exacerbated by certain dietary practices or training.

3.4 The development of the MyFitCoach app and the nutritional and training recommendations it provides are strongly based on current studies in nutrition and sports science. However, we do not guarantee that they correspond to the latest study results or findings.

3.5 Please note that to fully utilize the coaching, training equipment or other tools (e.g., fitness equipment, dumbbells, etc.) are required. It is your responsibility to ensure the proper functioning of any device or tool (e.g., a machine or barbell) used.

4. Usage Rights

4.1 The services we offer contain copyrighted or otherwise protected content, for which we hold the corresponding rights. We only grant you the non-exclusive, non-transferable right, limited in time to the duration of the contract concluded with us, to download, install, and use the MyFitCoach app in accordance with the restrictions of these General Terms and Conditions. You do not receive any additional rights to the MyFitCoach app or the software applications on which it is based. In particular, no ownership rights to the MyFitCoach app are transferred to you by the provisions of these General Terms and Conditions.

4.2 You may not modify, adapt, supplement, decompile, reverse engineer, or otherwise render the MyFitCoach app perceptible in any form, in particular, you may not attempt to unlock or bypass any initialization system, encryption procedure, or copy protection device contained therein, nor may you commission third parties to carry out such operations. Decompiling the source code is only permitted to you in the cases of § 69 e para. 1, para. 2 UrhG (German Copyright Act).

4.3 The user is not entitled to use the MyFitCoach app beyond the use permitted in these General Terms and Conditions or to allow it to be used by third parties, or to make it accessible to third parties in the original or in the form of complete or partial copies without our express written consent.

4.4 You are not allowed to reproduce, sell or temporarily transfer the MyFitCoach app or parts of it without our written consent. This does not include your right to make a backup copy of the software provided to you by a person authorized to do so under § 69 d para. 2 UrhG (German Copyright Act). In this case, you must visibly attach the note"backup copy" and a copyright notice from us on the created backup copy.

4.5 You are not entitled to transfer the rights granted to you by the General Terms and Conditions to third parties or to grant third parties corresponding usage rights to the MyFitCoach app provided to you or the backup copies you have created.

5. Your Obligations

5.1 You are obligated to take appropriate precautions to protect the MyFitCoach app from unauthorized third-party access, in particular, to store all copies of the software and all identification and authentication measures, especially passwords or usernames assigned to you by us, in a secure location and not to pass them on to unauthorized third parties.

5.2 You are obligated to maintain unaltered the protective notices contained in the MyFitCoach app, such as trademarks, copyright, or ownership notices, and to include them in all complete or partial copies of the machine-readable software produced by the user in their unaltered form.

5.3 You may not misuse the MyFitCoach app or allow it to be misused, especially not for content that is illegal or immoral, serves to incite hatred, leads to criminal offenses, glorifies or trivializes violence, is suitable for morally or seriously endangering children or young people, or impairing their welfare, or could damage our reputation.

5.4 You may not use any legally protected content, for example, protected by copyright, trademark law, patent law, utility model law, or design law, in connection with the MyFitCoach app without being authorized to do so.

5.5 You must indemnify us from all claims by third parties that are based on your unlawful use of the software. You are obligated to cover all costs of the legal defense required by us as a result and to compensate us for any further damage that we incur from claims by third parties.

5.6 We are entitled to block access to the MyFitCoach app in the event of your unlawful breach of any of the obligations set out in these General Terms and Conditions. Access will only be restored once the breach of duty has ended, all resulting consequences have been eliminated, and the risk of repetition has been eliminated by submitting a cease-and-desist declaration subject to penalty to us.

6. Payment Terms

6.1 The current prices for the subscription model selected in section 7.1, as well as the payment terms, can be found in the download options in the respective app store, online platform, or website.

6.2 The user is obliged to pay all arising costs if a due fee cannot be collected from a bank account specified by him. We reserve the right to assert further claims for late payment.

7. Term and Termination

7.1 A. Term of a paid subscription if you are a consumer and have your permanent place of residence in Germany: The paid subscription for subscription access (see section 4.) runs at least for the term you originally selected and is automatically renewed for an indefinite period if it is not terminated at least 24 hours before the end of this term. If you have not terminated your original paid subscription, or not in time, you can terminate the renewal subscription at any time observing a notice period of one month. You can carry out the termination as follows: Paid subscriptions that you concluded via our website (www.myfitcoach.app) can be terminated under the menu item "My Account" on the website (www.myfitcoach.app). Subscriptions that you concluded via Digistore24 can be terminated directly on the website www.digistore24.com. If you terminate your renewal subscription before the end of each 12-month period, we will refund you the costs for the months no longer used on a pro rata basis to the payment method you selected. A paid subscription concluded via our iOS or Android apps can be terminated in your iTunes or Google Play settings. If you terminate your renewal subscription before the end of each 12-month period, in this case the respective third-party app store provider will directly refund your costs for the months no longer used. However, we cannot guarantee this, as the third-party app stores decide independently on refunds.

B. Term of a paid subscription if you are either not a consumer or have your permanent place of residence outside Germany: The paid subscription for subscription access (see section 4.) runs at least for the term you originally selected and is automatically renewed if it is not terminated at least 24 hours before the end of this term. The subscription term is renewed in accordance with the subscription model used so far. You can carry out the termination as follows: Paid subscriptions that you concluded via our website (www.myfitcoach.app) can be terminated under the menu item "My Account" on the website (www.myfitcoach.app). Subscriptions that you concluded via Digistore24 can be terminated directly on the website www.digistore24.com. A paid subscription concluded via our iOS or Android apps can be terminated in your iTunes or Google Play settings.

7.2 Termination must be submitted by you either by making the appropriate settings on the website www.digistore24.de, www.stripe.com, or by email to support@myfitcoach.de. In-app agreements must be terminated in the settings of the respective app store.

7.3 We are entitled to terminate the usage contract without giving reasons with a notice period of two weeks in text form, but not earlier than the end of the minimum term or the respective extension period of your subscription.

8. Right of Withdrawal

8.1 In some countries, you have a statutory right of revocation, such as throughout the European Union. Whether this is the case, you can find out, for example, in the terms of use of the respective store provider. Please inform yourself there to what extent such rights apply to you. In the United States of America, for example, you do not have a right of revocation.

8.2 Insofar as you have a statutory right of revocation, we inform you in the appendix how you can assert it, and what a revocation means for you.

9. Liability for Defects

9.1 The statutory provisions apply to claims based on defective performance. Your rights as a consumer remain unaffected in any case.

9.2 We cannot guarantee any results or improvements with regard to your health, weight, muscle mass, body fat and/or fitness. We make no representations or warranties that the training or other result you desire will be achieved through the use of the MyFitCoach app. We do not owe any specific success. In addition, the training result is also influenced by factors that cannot be controlled, such as physical predispositions, genetic potential, and preconditions, so that the result can vary greatly between different people despite identical use of the MyFitCoach app.

10. Liability in Other Respects

10.1 We are liable in accordance with the statutory provisions for damages caused by us or our vicarious agents or persons employed in performing an obligation through intent or gross negligence.

10.2 In the case of simple negligence, subject to a milder standard of liability under the statutory provisions, we are liable only for damages arising from injury to life, body, or health; for damages arising from the not insignificant breach of an essential contractual obligation (an obligation whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.

10.3 These limitations of liability also apply to breaches of duty by or in favor of persons whose fault we are responsible for under the statutory provisions. They do not apply to claims under the Product Liability Act or insofar as we have fraudulently concealed a defect or given a guarantee.

11. Changes to the General Terms and Conditions

11.1 We reserve the right to change and adapt these General Terms and Conditions with effect for the future if this is necessary due to changed legal, regulatory, or technical conditions and the changes are reasonable for you in good faith, taking your interests into account.

11.2 We will notify you of the changes at least four weeks before the planned entry into force of the new version of the General Terms and Conditions. Within this period, you have the opportunity to object to the change. If you continue to use our services without objecting, the new General Terms and Conditions are deemed to be accepted. If you object, we expressly reserve our ordinary rights of termination. Should we change the General Terms and Conditions, we will once again separately inform you of your right to object, the deadline for doing so, and the respective legal consequences.

12. Online Dispute Resolution

12.1 We would like to point out that, in addition to ordinary legal recourse, you also have the option of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the internet address: http://ec.europa.eu/consumers/odr

12.2 Consumer information: Non-participation in a dispute resolution procedure.

12.3 We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. You can find our email address in the legal notice.

13. Final Provisions

13.1 German law applies exclusively between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In business dealings with consumers within the European Union, the law of the consumer's place of residence may also apply, insofar as these are mandatory consumer protection provisions.

13.2 If you have no 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 unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract is our registered place of business.

13.3 The contract language is German.

13.4 Should individual provisions of this contract be invalid, the remainder of the contract shall not be affected thereby.

Annex – Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (MyFitCoach GmbH, Marie-Jahn-Straße 20, 30177 Hannover, Germany, email:support@myfitcoach.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We shall carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

— To: MyFitCoach GmbH, Marie-Jahn-Straße 20, 30177 Hannover, Germany, email: support@myfitcoach.de

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*)/the supply of the following digital content (*):

— Ordered on (*)/received on (*):

— Name of consumer(s):

— Address of consumer(s):

— Signature of consumer(s) (only if this form is notified on paper):

— Date:

(*) Delete as appropriate.