General Terms and Conditions
for the use of the SUMMFIT-App
Scope of Application, Definitions, conflicting terms and conditions
- The below Terms and Conditions govern the contractual relationship between the customer (referred to as "Customer" or "You" hereinafter) and SUMMFIT GmbH, Erzgiessereistr. 6, 80335 München, Germany (referred to as "we" or "us" hereinafter)
with regard to the use of the SUMMFIT-App and/or to the use of the software on our servers which the Customer accesses when using the the SUMMFIT-App (referred to as the "Software" hereinafter).
- The present Terms and Conditions shall apply exclusively. Terms and conditions of the Customer shall only apply if and to the extent expressly provided.
Preconditions regarding Health, Notices on Risks
Preconditions regarding Health
Prior to the use of the SUMMFIT services you should assure yourself on your general health condition or consult a physician. Should you be aware of any pre-existing illnesses, then we also recommend to consult a physician prior to the use of SUMMFIT services.
This is especially true if you are aware of one or more of the following contra-indications:
- diseases, afflictions, surgery
- heart and/or circulatory diseases
- pulmonary and/or respiratory diseases (including asthma)
- spine or joint afflictions
- neuromuscular diseases
- surgical interventions
- other health restrictions
- pregnancy (if the gynecologist forbids a fitness training)
Consult your physician if you should be affected health-wise.
Consultation of Physician
SUMMFIT services are not to be considered as medical advice. Neither do they replace any medical examination or treatment.
Training/ Nutrition Methods
The offered services are subject to continuously developing scientific findings. When developing its services, SUMMFIT GmbH endeavours to consider the latest developments by way of quality management. SUMMFIT GmbH does, however, not
guarantee that its services comply with the respective latest scientific findings or insights.
Conclusion of Contract, Contract Languages
- Orders through the App
Conclusion of contract in case of services rendered free of charge:
Our making available of the App does not yet constitute a binding offer for conclusion of a contract on the respective use. A binding offer shall only occur once that the User transfers its request for registration to us via the App.
We shall accept such offer in that we activate the user's account in the App or in that we confirm the registration via email.
Conclusion of contract in case of purchase of services rendered against payment:
Services rendered against payment can be purchased by way of an 'In-App'-purchase and/or an 'In-App'-subscription, both to be purchased from within the App. Only your order of the respective services shall be deemed a binding offer
for conclusion of a respective contract with us. The order shall be placed through Google Play or iTunes, as applicable. Only if and once you submit your order through Google Play or iTunes, as applicable, you submit a binding
offer for conclusion of a contract with us.
We may accept your offer by way of activation of your user account within the App or by way of sending you a confirmation of order via email. You will receive the order confirmation, if applicably, from Google Play or iTunes, as the
case may be and as applicable.
- Orders through the Website
Conclusion of contract in case of services rendered against payment:
Our presentation of the service on the website does not yet constitute a binding offer from us for conclusion of a contract on the use of the service. Only if and once you order the service, such purchase order of yours shall constitute
a binding offer to conclude the respective contract. In order to make the order, please go through the order process on the Website and complete the information required therein. Prior to sending off your purchase order, you will
have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us.
We may accept your offer within two days by
- submission of a confirmation of order by post, fax or email, or
- request to make payment
Customer's receipt of our confirmation of order or request of payment shall be the relevant point of time for our compliance with the aforesaid time period.
Conclusion of contract in case of services rendered free of charge:
Our making available of the website does not yet constitute a binding offer for conclusion of a contract on the respective use. A binding offer shall only occur once that the User transfers its request for registration to us. Where
we are accepting such offer, we will do so by confirming the registration of the User by email or by publishing User's content or ratings on the Platform.
Languages made available for conclusion of the contract shall be English and German.
Storage of the Provisions of the Contract
- Orders through the App
- We will store the provisions of the contract, including the order/ registration information and the present T&C. The provisions of the contract including without limitation the present terms and conditions are, furthermore, laid down in
your App so that you can store the provsionis of the contract permanently, e.g. in that you keep the App on your device.
- Orders through the Website
- We will store the provisions of the contract, including the order/ registration information and the present T&C. You can print out the provisions of the contract by using the respective functionality of your browser (usually “print” respectively
“file” > “save as”). The order/ registration information is contained in the order overview presented within the last step of the order/ registration process. In case of contracts against payment, the provisions of the contract including
without limitation the present Terms and Conditions will be also contained in the email message with the order confirmation which you receive from us in case of our acceptance of your purchase order.
Making available of the Software
- We shall make the service available to the Customer with the functional scope as described in more detail in the services description on the website (referred to as "Services Description" hereinafter), subject to the functional conditions
referred to in such aforesaid description as well. The Software shall remain on our servers. The Customer can use it by means of the App via the internet.
- We shall employ the Software, within the scope of technological feasibility, in the current version where an update of the software version is reasonably acceptable to the Customer when taking into consideration our interests. There shall,
however, be no right of the Customer to employment of a more recent version of the Software as described in the services description.
- Unless provided to the contrary, we will make the Software available to the Customer, at the point of transfer, with a system availability of 98.5%. The system availability is calculated on the basis of the time period attributable to
an applicable calender month if and to the extent that it is part of the contractual term, minus maintenance periods. We shall be entitled to perform maintenance works during the time period from 11 p.m. to 9 a.m. and/or on weekends,
for a total of five hours during each applicable calender month. During maintenance works the Platform will not be available.
- The Customer shall not be entitled to authorise or facilitate the use of our Software to any third parties.
Infringement of Intellectual Property Rights
- Should any third party assert any breach of property rights, the Customer shall promptly inform us.
- Registrants shall enter complete and correct information. The use of information of any third parties shall be prohibited.
- You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.
Customer's Duties of Cooperation
- The contractual use of our services shall be conditional on whether or not the hard- and software employed by the Customer, including without limitation mobile device, operating system etc., comply with the technological minimum requirements
for the use of the current version of the Software. The technological minimum requirements are set forth in the services description.
- The Customer shall be responsible, for purposes of customising the Software to the Customer's purposes, to enter correct information for personalisation of the training plan and to perform the fitness test diligently.
- The Customer may delete at any time its personal information stored on our services and/or request at any time the deletion of such aforesaid information. This does not apply to information in respect of which we are legally required to
keep for an applicable retention period, including without limitation under the applicable commercial and/or tax laws.
Term of the Contract
- The term of the contract shall correspond to the term of the respective paid subscription ordered by the Customer in the applicable instance (3, 6 or 12 months, depending on the option selected by the Customer). The term of the contract
shall, in each applicable instance, be prolonged by a time period equal to the term of the subscription initially ordered, unless the contract is terminated with 2 weeks' notice to the expiration of the term of such aforesaid initial
subscription or of the respective current prolongation term.
- Should the service be used without subscription, i.e. free of charge, then the parties hereto may terminate the contract at any time, provided that in case of a termination from our side a notice period of 2 weeks shall apply.
Liability for Defects
- Should the services rendered by us be defective because their usability for the contractual purpose is unmade to an extent which is not insignificant only, then we shall be liable in accordance with the provisions on defects of goods and
rights under the applicable laws. For defects of the Software which were already existing at the time of our making available of the Software to the Customer, we shall only be liable in case that we are responsible for such aforesaid
- The Customer shall promptly indicate defects, if any.
- Claims based on defects shall lapse after expiration of one year, unless the defect was fraudulently concealed. This shall not apply to claims for damages arising from the violation of life, body or health, and based on a negligent breach
of an obligation by us or from on an intentional or grossly negligent breach of an obligation by one of our legal representatives or by a person assisting us in the performance of our obligations, or to claims for other damages based
on a grossly negligent breach of an obligation by a legal representative of us or by a person assisting us in the performance of our obligations; to such claims the applicable limitation period provided for under the applicable laws
Exclusions and Limitations of Liability
- Our liability for damages shall, without prejudice to the other relevant prerequisites under the applicable laws, be subject to the following exclusions and limitations of liability.
- We shall be liable in case of gross negligence or intent. In case of ordinary negligence we shall solely be liable for a breach of a duty the fulfilment of which is a prerequisite for performance of the contract and which duty the other
party may generally expect to be complied with (so called cardinal obligation). Otherwise, any liability for damages of any kind, regardless of the respective underlying cause of action and including liability of care before conclusion
of a contract (culpa in contrahendo), shall be excluded.
- If and to the extent that we are liable for ordinary negligence in accordance with the above section 15.1., our liability shall be limited to damages that were foreseeable as typical in view of the circumstances known at the time of conclusion
of the contract.
- The aforesaid exclusions and limitations of liability shall not apply if and to the extent that we have given a guarantee for the quality of our services. Nor does it apply to (i) damages caused through injury to life, limb, and/or health,
or to (ii) damages which are to be indemnified under applicable statutory provisions applying without regard to the existence of a contract, or to (iii) damages which are to be indemnified under applicable product liability laws.
- The aforesaid exclusions and limitations of liability shall also apply to our employees, agents and/or other third parties employed by us for performance of the contract.
Applicable Laws and Place of Jurisdiction
- The laws of Germany shall apply. The Convention on the International Sale of Goods shall not apply. Where the customer is a Consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the
country where the customer has its habitual place of abode.
- For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our
choice, to file a lawsuit at Producer's location instead.