1. Scope of Application

These General Terms and Conditions govern the terms of use of the Fitaino app.

Deviations from the following terms and conditions will only be recognized if they have been agreed upon in advance with the provider (K&O Software Solutions UG (haftungsbeschränkt)) and have received the provider’s express consent.

2. Services

The Fitaino app provides users with a fitness application that enables them to record and analyze training data, nutrition data and body measurements. The app also provides recommendations, for example regarding macronutrient distribution or training plans.

The app can be installed via both the Apple App Store and the Google Play Store.

In order to use the full range of functions offered by the app, the user must enter into a paid subscription for a limited period. Once the subscription ends, the user loses access to all functions until the subscription is reactivated on a paid basis.

3. Conclusion of Contract

During the registration process, the user agrees to the General Terms and Conditions and the Privacy Policy. Use of the app always requires the user’s consent to the General Terms and Conditions and the Privacy Policy, regardless of whether the app is used with an active subscription or without one.

Provisions governing the conclusion of a contract in connection with a paid subscription can be found under Section 6, “Paid Use/Subscription.”

The provider is entitled to temporarily or permanently suspend a user’s account or restrict individual functions if the user violates these General Terms and Conditions or otherwise behaves inappropriately, for example by misusing AI functions or using an inappropriate name or profile picture, particularly in public profiles. No refund of costs will be provided.

4. Requirements for Use

Users must register using their email address. It is also possible to register using functions provided by Google and Apple, which likewise involve an email address being stored.

The user is responsible for ensuring that the information provided regarding their person, nutrition, training and other data is accurate. Incorrect information may impair the functionality of the app.

Sharing account login credentials is not permitted.

5. Information Regarding the User’s Health

The recommendations or “tips” provided in the app do not constitute medical or health advice. The app should not be used as a substitute for a physician or other healthcare professional. Use of the app should be discussed with a physician beforehand.

Use of the app requires a good level of physical fitness and general health. Users who have pre-existing conditions, injuries or other health-related or physical risks should urgently discuss the use of the app with a physician before using it.

The user is solely responsible for their own health and physical condition. No responsibility is transferred to the provider or the app. The provider assumes no responsibility for the actions of the user, particularly with regard to consuming food or similar products, performing training exercises or engaging in similar activities.

6. Paid Use/Subscription

By taking out a paid subscription, the user may use the full range of app functions during the active subscription period. The scope of the functions to which the user receives access through the paid subscription may change at any time.

The subscription offer includes a one-time free trial period of 7 days during which the user has access to the full range of functions. If the subscription is cancelled in due time before the end of the trial period, the user will not incur any costs.

However, if the subscription is not cancelled, or is not cancelled in due time before the end of the trial period, the first subscription payment in the amount stated at the beginning of the trial period will automatically become due.

After the free trial period, unless the subscription has been cancelled within the applicable cancellation period, the contract term will automatically begin for either one month or one year, depending on the subscription selected.

The subscription is offered with different contract terms, which vary in price. The subscription must always be paid in advance at the beginning of the respective contract term.

The subscription may be cancelled at any time and will then no longer be renewed. After cancellation, access to the functions will remain available until the end of the current subscription term.

However, if the subscription is not cancelled in due time before the end of the contract term, a one-month subscription will automatically renew for a further month and an annual subscription will automatically renew for a further year.

The provider has no influence over the exact cancellation deadlines or the processing of cancellations. Cancellation is handled entirely by the Google Play Store or the Apple App Store.

Accordingly, Apple users are subject to the terms and conditions of the Apple App Store, while Android users are subject to the terms and conditions of the Google Play Store.

7. Usage Fees

The amount of the usage fees corresponds to the amount stated during the payment process for the relevant period.

The amount of the usage fees may change. Existing customers with paid subscriptions will be informed of such changes in advance.

The billing process is handled via the Google Play Store or the Apple App Store. Usage fees may be paid using the payment methods offered by the Google Play Store or the Apple App Store.

All other billing-related terms and conditions of the Google Play Store or Apple App Store also apply.

Usage fees must in all cases be paid in advance for the upcoming contract term. The user is responsible for ensuring proper payment.

8. Modification/Termination of Contractual Relationships

The paid subscription may be cancelled at any time via the Google Play Store or the Apple App Store and will then no longer be renewed.

The user account created in the app may be deleted within the app under “Settings > Delete Account.” However, deleting the user account has no effect on an active subscription, which must be cancelled separately through the Google Play Store or Apple App Store.

9. Liability

No liability is assumed for actions taken by the user in connection with their health, body, nutrition or similar matters.

The user is responsible for their own actions and is responsible for ensuring that use of the app is accompanied or supervised by a professional, such as a physician. This applies in particular to performing training exercises or making changes to the user’s diet.

The videos/GIFs showing how exercises are performed, the associated “tips,” and recommendations concerning meals or food are intended only as general guidance and should be reviewed by a professional beforehand.

The provider is liable for damages that are typical of the contract and foreseeable and that result from a breach of an essential contractual obligation by the provider.

10. Right of Withdrawal

The user has the right to withdraw from a contract without giving any reason if a contract between the user and the provider was concluded no more than 14 days ago.

In order to withdraw from a contract, the user may, within 14 days of the conclusion of the contract, notify us (K&O Software Solutions UG (haftungsbeschränkt)) of their withdrawal by post or email in the form of an unequivocal declaration. The model withdrawal form provided below may be used for this purpose. Once such an unequivocal declaration has been received by us, the user will receive confirmation of receipt by email.

Payments associated with the withdrawal from the contract will be refunded within 14 days from the date on which the withdrawal declaration is received by us.

The user’s right of withdrawal expires if performance of the contract between the user and the provider has already begun and the user has expressly agreed that performance of the contract may begin before the expiry of the withdrawal period and has acknowledged that this results in the loss of the user’s right of withdrawal.

Model Withdrawal Form
To:

I/We hereby withdraw from the contract concluded by me/us __________ concerning __________

Ordered on __________ / received on __________

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s)

11. Final Provisions

German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Should individual provisions of these General Terms and Conditions or of any other concluded contract be or become wholly or partially invalid, the remainder of the contract shall remain valid. The invalid provision shall be replaced by the applicable statutory provision.

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

The European Commission has established an online platform for online dispute resolution pursuant to Art. 14(1) of the ODR Regulation. This platform enables the out-of-court resolution of disputes relating to online purchases. The platform can be accessed via the following link: ec.europa.eu/consumers/odr

We reserve the right to amend the General Terms and Conditions set out here at any time. Users will be informed of any changes.