Terms of use

mobile applications (apps)

Preamble

These are the terms of use of vitaliberty GmbH, Augustaanlage 54-56, 68165 Mannheim, Germany (hereafter referred to as “vitaliberty”) for the mobile application “FiTS” (hereinafter referred to as the “app”). The app is a specific software application that can be used on mobile devices.

The terms of use govern the contractual relationship between vitaliberty as the provider and operator and the natural and legal persons (hereinafter referred to as “users”) who download and use the app.

Section 1 Subject matter of the agreement

1.1 The app offers the functions & features listed in the description of the app in the relevant app store or at www.joinFiTS.com (hereinafter referred to as “services”).

1.2 The offered app can be downloaded from the various app stores (currently Apple App Store and Google Playstore) and is available for use as an extensive, 14-day trial version with the option to purchase the full version featuring all functions either immediately or at the end of the trial period.

1.3 The contractual terms of the relevant app store apply in addition to these terms of use.

Section 2 Registration and login data

2.1 To use the app, users are required to register (hereinafter referred to as “registration”). Depending on the specific services used, the user will be asked to provide certain data during the registration (hereinafter referred to as “registration data”).

2.2 During the registration, users have to choose a username and a password (hereinafter referred to as “login data”) which identify the user as the authorised user of the services. After entering the registration data and accepting these terms of use and the privacy policy of vitaliberty, the user will receive an email sent to the email address specified during registration. To complete the initial registration, users have to confirm the registration by clicking on the link in the confirmation email. Alternatively, users can register using their Facebook accounts. In this case, the registration data stored there, such as the name and surname and the email address, will be transmitted to the app. The user may be first redirected to Facebook, where the user will be prompted to login with his/her username and password. Naturally, vitaliberty has no knowledge of the registration data. If the user is already logged into Facebook, this step will be skipped. Next, Facebook informs the user, which data will be sent to vitaliberty (e.g. the public profile, friends list, email address and current place of residence). The user confirms this by clicking on the “OK” button. vitaliberty then uses the transmitted data to create the user account. This does not establish a permanent link between the user account and the Facebook account. For more information on the purpose and scope of collection, further processing and the use of data by Facebook as well as your rights and the options available to protect your privacy, please refer to Facebook’s privacy policy.

2.3 To use the services, users have to be 16 years of age or older.

Section 3 Technical requirements of the services

3.1 To use the services, users have to download the app from the relevant app store and install it on their mobile device. If no suitable software version is available for the user’s mobile device, this user will not be able to use the services.

3.2 To use the services, users need a compatible mobile device with the most recent version of the operating system installed. Details about system requirements are available in the relevant app store.

3.3 The use of some functions and features of the app requires a connection to the Internet.

Section 4 Costs

4.1 The app is free to use as a full-featured, 14-day freemium version. After the end of the trial period, the functionality will be restricted.

4.2 To use all the functions and features of the app or after the end of the two-week trial, users are required to pay a fee. The monthly cost of services to be rendered by vitaliberty depends on the agreed package. An overview of the current packages and prices can be found at www.joinFiTS.com or the relevant app store.

4.3 All prices are quoted exclusive of VAT at the applicable rate. Unless otherwise stipulated in the relevant app store, the agreed fee is payable in full within 10 days of the invoice being made available in the app store.

4.4 Invoices are available through the relevant app store.

4.5 vitaliberty reserves the right to introduce further paid functions in the future. These functions may only be activated after the explicit consent of the user to pay for them.

4.6 The installation of the software and the use of the services requires a regular data transmission from the user’s mobile device. The scope and frequency of the data transmission depend, i.a. on the nature and extent of use of the services. The connection costs incurred for the data transmission shall be borne by the user. The amount payable is based on the agreement concluded between the user and the mobile service provider.

4.7 The cost of setting up and maintaining an internet connection by the user is not within the scope of services to be rendered by vitaliberty. This is solely based on the contractual relationship between the user and his/her internet provider.

Section 5 Right of cancellation of consumers

5.1 Information concerning the right of cancellation

As a consumer, you have the right of cancellation this agreement within fourteen days without giving any reason.

The cancellation period is fourteen days from the date on which the agreement was concluded.

To exercise your right of cancellation, you must inform us (vitaliberty GmbH, Augustaanlage 54-56, 68165 Mannheim, telephone: +496211502140, email: cancellation@joinFiTS.com) of your decision to cancel this contract by a clear statement (e.g. by a letter sent by post, fax or email). You can use the cancellation form template for this purpose, which can be downloaded from here, but this is not mandatory.

If you exercise your right, we will send you an acknowledgement of receipt of the cancellation without delay (e.g. by email).

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

5.2 Effects of cancellation 

If you cancel this agreement, we will refund all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and within fourteen days of the date on which we have received your notice of cancellation. Unless expressly otherwise agreed, we will use the same means of payment for your refund that you used to pay for your order; in any event, you will not incur any fees as a result of the reimbursement.

If you request services to start during the cancellation period, and subsequently cancel, you must pay a reasonable amount, corresponding to the value of the service already provided up to the date on which you notified us about your intention to exercise your right of cancellation in relation to the total scope of the services described in the agreement.

End of the information concerning the right of cancellation.

Section 6 Data backup and data loss

6.1 vitaliberty does not accept any liability for the long-term storage of data transmitted to the mobile device when using its services.

6.2 vitaliberty does not accept any responsibility for any data loss, except where vitaliberty has accepted an equivalent contractual obligation and has caused the loss of data intentionally or through gross negligence.

Section 7 User obligations and rights to use user content

7.1 Users may only use the services for their own purposes and in compliance with these terms of use. The user shall refrain from making the services available for use by third parties and from using the services contrary to the provisions of these terms of use.

7.2 By uploading content, the user grants vitaliberty the non-exclusive right, which is unrestricted with respect to time or space, to use the content in connection with the app and in particular, to use these for purposes of access, storage and further processing. The material may also be processed, reproduced and otherwise used or exploited by vitaliberty within the scope set out in the above sentence.

7.3 The user is responsible for ensuring that any content uploaded does not violate legal requirements. In particular, the user may not upload any content which violates statutory prohibitions or third-party rights (e.g. trademarks, copyright, data protection, personality rights, etc.). However, vitaliberty will not carry out proactive checks in this regard.

7.4 The user shall protect his/her login data against unauthorised access by unauthorised third parties. When entering the login data, users shall ensure that these cannot be seen by third-parties. If the user becomes aware of misuse of his/her login data or suspects such misuse, the user shall immediately change his/her password and notify vitaliberty.

7.5 vitaliberty reserves the right to review any person who violates this provision at its reasonable discretion, and to take appropriate steps and in particular, delete any content that violates these terms of use.

7.6 In the case of a serious breach of these terms of use by the user, vitaliberty will be entitled to exclude the user in whole or in part from the use of the services.

Section 8 Rights to use the content and software provided

8.1 The app and the contents made available through the app are protected by copyright.

8.2 The user is entitled to use the app and the content offered for private purposes to use the services as intended. vitaliberty grants the user a non-exclusive, territorially unrestricted right to use the service within the scope necessary to use the services. The right of use is limited to the term of this user agreement. The app may not be used for any other purpose without the prior written consent of vitaliberty.

8.3 Information on copyright and trademarks may neither be modified nor removed.

Section 9 Term and termination

9.1 The free use can be terminated by either party at any time.

9.1 With the paid registration, the user agreement is concluded for the term specified in the app store for taking out subscriptions and will be automatically extended by the period specified in the app store, unless terminated within the prescribed time limit.

9.2 In addition, the agreement may be terminated by either party without notice for good cause. A good cause entitling vitaliberty to terminate the agreement is given, in particular, if

  • the user is in arrears with the fee for more than two months,
  • the user is in serious breach of the contractual agreements and in particular, these terms of use and fails to rectify the situation within a reasonable period despite being given a warning,
  • the user objects to a change notice in accordance with Section 13.2 within 6 weeks.

Section 10 Material defects

10.1 vitaliberty is responsible for maintaining the contractually agreed quality of services during the contract period.

10.2 A functional limitation of services resulting from hardware defects, ambient conditions, incorrect operation or similar does not qualify as a defect. A negligible reduction in quality will not be taken into account.

Section 11 Availability

11.1 vitaliberty guarantees at least 98% (ninety-eight per cent) availability of its services on average throughout the year, beginning with the installation of the app and successful registration.

Instances where the service is unavailable due to

  • force majeure,
  • misuse or acts on part of the user that are contrary to contract or
  • planned maintenance (see Section 11 (2))

do not qualify as unavailability.

11.2 vitaliberty may temporarily deactivate the service for maintenance purposes (hereinafter referred to as “planned maintenance”). vitaliberty shall notify the user of planned maintenance by e-mail at least 48 (forty-eight) hours in advance.

Section 12 Liability

12.1 vitaliberty shall be fully liable in cases of intent and gross negligence or if one of the guaranteed properties is missing.

12.2 In case of ordinary negligence, vitaliberty is fully liable for damage suffered as a result of injury to life, body or health. Furthermore, in the case of negligence, vitaliberty shall only be liable for breaches of material contractual obligations, which are essential for the proper performance of the contract and the fulfilment of which the client may routinely rely upon. Liability for breach of material contractual obligations is limited to foreseeable typical damage.

12.3 Liability under the Product Liability Act and other mandatory statutory provisions remains unaffected.

12.4 Sections 1-3 above apply mutatis mutandis to statutory representatives and vicarious agents of vitaliberty.

12.5 The foregoing is without prejudice to the right of vitaliberty to raise a defence of contributory negligence. The user has, in particular, the obligation to perform data backups and to protect the app against malicious software in accordance with the latest technology standards.

12.6 vitaliberty is not in a position to guarantee that services provided by third parties, in particular network services and other third-party services will be free from disruption or error and secure at all times.

Section 13 Change of terms

13.1 vitaliberty is entitled to amend or supplement these terms of use at any time to reflect new functions or changes in legislation.

13.2 Users are entitled to object to these changes. If the user does not object to the changed terms within 6 weeks of receipt of the change notification, they will become effective by the date specified in the notification. vitaliberty shall notify the user in writing or electronic form at the beginning of the 6-week period that the change notification will be deemed to have been accepted if the user does not object to it within 6 weeks.

Section 14 Final provisions

14.1 If any provision of this agreement is or becomes invalid, whether in whole or in part, the validity and enforceability of the remaining provisions of this agreement will not be affected or impaired thereby. In this case, the parties undertake to replace the invalid provision by a provision that approximates as closely as possible the intended purpose of the invalid provision. This applies mutatis mutandis to any omissions from the agreement

14.2 Where the contractual partner is a business, public legal entity or a public-law special fund, the place of jurisdiction for any disputes that may arise in connection with this agreement is Mannheim, Germany.

14.3 This agreement is governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on the Sale of Goods (CISG).

14.4 The user can access the terms of use and the privacy policy at any time via the app.