This Terms and Conditions of Use Agreement (“The Agreement”) sets forth the standards of use of Fit Body AI Software Application (“The Application” or “Fit Body AI App”) and websites under the www.sebastianroth.org website network (“The Website” or “Fit Body AI Website”). Sebastian Roth (“The Developer”, “We”, “Me”, “Our”, “I” or “Us”) is maker, owner, and operator of the Fit Body AI App and Fit Body AI Website. Please read this Agreement carefully before accessing or using The Application or The Website (together, “The Products”).
By using the Fit Body AI App and/or the Fit Body AI Website, you (“The User”, “You”) unconditionally agree to the terms and conditions hereby defined in This Agreement. If you do not agree to the terms and conditions of The Agreement, you should discontinue use of The Application and The Website. The Developer reserve the right, at any time, to modify, alter, or update the terms and conditions of This Agreement without prior notice. Modifications shall become effective immediately upon being posted on The Website. Your continued use of the Fit Body AI App and/or Fit Body AI Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
You may direct any questions regarding the Terms and Conditions of Use Agreement to firstname.lastname@example.org
2. DESCRIPTION OF PRODUCTS
The following are descriptions of The Products:
1. Fit Body AI is a software application product made available for download on a compatible mobile device. The Fit Body AI App provides the User with fitness exercises via audio-visual presentation.
2. An algorithm compiles fitness exercises user-specifically in the presentation.
To utilize The Developer’s Products, The User is individually responsible for:
1. Providing all necessary hardware equipment required to use the Fit Body AI App and/or Fit Body AI Website, including but not limited to a Smartphone, Tablet, Computer, or “Wearable” internet-enabled device;
2. providing internet connection required to use the Fit Body AI App and/or Fit Body AI Website including but not limited to cell phone data services; and
3. paying any costs and fees, whether one-time or ongoing, related to their own provision of items referenced above in (1) or (2), including those specific to service contracts of individual cell phone coverage carriers. The User’s normal applicable carrier rates and fees apply.
4. Her/ His Health:
1. Use the Application Services at your own risk. In any case a condition for the use of the Fit Body AI Services is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you start the Application Services. This is especially the case if you have a foreboding about having one of the following diseases, have this disease or you are genetically predisposed to get one of these diseases. The previous sentence refers to the following diseases: Lung or respiratory disease, (including asthma), spinal and/or joint problems, neuromuscular disease, surgical procedures or any other health issues.
2. Any recommendation about food intake during, before or after exercise is only a recommendation and is not based on scientific evidence.
3. Recommendations on food intake are generalised and not user-specific. Possible allergens or diseases that The User may have or may have temporarily or chronically are not considered.
4. Female athletes should note that pregnant women and breast-feeding mothers should not do the trainings offered by Us.
5. This rule applies generally: If you feel any physical pain during the execution of an exercise, end the training with The Application immediately. Physical pain means, for example, shortening of the breathing frequency, muscular pain, joint pain, headaches, dizziness, restriction of the field of vision, nausea or cough.
6. The exercises in The Application are not suitable for people who suffer from overweight or underweight.
7. The offer of The Application does not replace a medical recommendation in any case. Current sports scientific findings are not taken into account in the application and are not applied.
3. PRICING TERMS
The Fit Body AI App is Free to download. Upon download, The User is entitled to use a limited number of workouts. There are no fees associated with the use of The Fit Body AI App.
The Fit Body AI Website is Free. There are no fees associated with the use of The Fit Body AI Website.
The Developer reserves the right to change the prices and/or pricing structure of The Fit Body AI App and/or Fit Body AI Website at any time.
A Fit Body AI Pro subscription is available for different subscription periods (1 or 12 months) at the fees advertised in each moment. You can subscribe and pay through your iTunes account [from hereon referred to as “Store Accounts”]. In such cases, payment will be charged to Store Accounts at confirmation of purchase. Your subscription will automatically renew for the same period, unless cancelled at least 24 hours before the end of the current period. Subscriptions may be managed by you and auto-renewal may be turned off by going to your Account Settings, after purchase.
4. CORPORATE CONTACT
The User agrees to allow The Developer to periodically send him or her Information regarding The Developer’s Products and Services. The nature of Information includes but is not limited to Newsletters, Product and/or Service Updates, Special Offers and Promotions, Developer News, and Third-party Advertising. The Developer may contact the User via email or directly via the Fit Body AI Application, including but not limited to the form of “Push Notifications” and “In-app Notifications.” Users may opt-out of email contact by following “Unsubscribe” instructions provided at the bottom of emails from The Developer.
5. AGREEMENT TO DEAL ELECTRONICALLY
All of The User’s transactions with or through the Application and/or The Site may, at The Developer’s option, be conducted electronically from start to finish. If The Developer decides to proceed non-electronically, those services will still be governed by the remainder of these Terms and Conditions unless The User enters into different terms on a form provided by The Developer. If the law allows The User to withdraw this consent or if we are ever required to deal with The User non-electronically, The Developer reserves the right to charge or increase fees and The User agrees to print or make an electronic copy of the Terms and Conditions of Use Agreement and any other contract or disclosure that The Developer is required to provide to The User.
6. UNAUTHORIZED USE OF YOUR PASSWORD
You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority. All instructions transmitted by or received from anyone presenting your password on The Application and/or The Website are binding to you. You agree to guard your password carefully, with the full awareness that a failure to keep it secure may enable others to engage in transactions through The Application and/or The Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact The Developer immediately. You authorize The Developer to refuse to accept any further orders placed under that password on your behalf and The Developer will use commercially reasonable efforts to block such orders.
7. RULES & RESPONSIBILITIES
The User agrees to not use The Application or The Website or The Developer’s means of contact to:
1. Upload, post, email or otherwise transmit:
2. (a) any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
3. (b) any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4. (c) any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
5. (d) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose;
6. (e) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7. impersonate any person or entity, including, but not limited to, The Developer, a official, a forum leader, or a host, or otherwise misrepresent a User’s affiliation with a person or entity;
8. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; or
9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
10. harm minors in any way;
11. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
The Developer shall have the right (but not the obligation) to monitor the content of The Application and The Website to determine compliance with this Agreement and any operating rules established by The Developer and to satisfy any law, regulation or authorized government request. The Developer shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on The Website.
8. MODIFICATIONS AND INTERRUPTION TO PRODUCT(S) OR SERVICE(S)
We reserve the right to modify or discontinue its offering of The Products with or without notice to Users. The Developer shall not be liable to any User or any Third Party should The Developer exercise its right to modify or discontinue The Products or any product features at any time. By agreeing to The Terms and Conditions herein and by using The Application and/or The Website, The User acknowledges that The Developer does not guarantee continuous, uninterrupted, or secure access to The Application and/or The Website. The User also hereby understands that the operation of The Application and/or The Website may be interfered with or adversely affected by numerous factors and circumstances outside of The Developer’s control.
The Developer may terminate The User’s access to all or any part of The Application and/or The Website at any time, with or without cause, with or without notice, effective immediately. The User may terminate this Agreement and his/her Fit Body AI Account simply by discontinuing use of The Products. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. GOVERNING JURISDICTION
The Application and The Website are operated and provided under the jurisdiction of Germany. As such The Products are subject to the laws of Germany, and such laws will govern this Terms and Conditions of Use Agreement. We make no representation that The Application or The Website is appropriate, legal, or otherwise proper for use in other locations. If you choose to use The Products, you thereby agree to do so subject to the laws of Germany.
11. COMPLIANCE WITH LAWS
The User is responsible for knowledge of all laws that may be directly or indirectly applicable to use of The Fit Body AI App and Fit Body AI Website and agrees to comply with any and all such laws. The User may not use The Products to the extent that use violates applicable state, federal, or international laws, regulations, or other government requirements. The User further agrees not to transmit any material or carry out any other action that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
12. THIRD PARTY SITES
Any dealings with advertisers found on the The Developer’s Website are solely between the User and that advertiser. We shall not be responsible for, or liable for, any losses or damages that occur in any dealing Users may have with any advertisers on The Website. Users agree to assume the sole risk in dealing with any of said advertisers.
13. DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While The Developer makes every effort to ensure that the information on its Website is accurate, We make no representations or warranties as to the accuracy or reliability of any information provided on The Website. Any reliance on representations and warranties provided by any Vendor shall be at a User’s own risk.
14. COPYRIGHT & TRADEMARK INFORMATION
All contents and arrangement of contents of The Application and The Website, including but not limited to their respective site design, user interfaces, copy/text, graphics, photos, videos, application features, and training data, are The Property of Us and are protected by intellectual property rights. Any use of such Property from The Application and/or The Website without prior written permission of an authorized director of The Developer is strictly prohibited. Such prohibited uses include but are not limited to reproduction, modification, distribution, or replication of The Developer’s Property for personal, recreational, commercial or other use. Further, any form of data extraction or data mining, or other commercial exploitation of any kind is also prohibited. The User agrees they will not use any robot, spider, other automatic device, or manual process to monitor, copy, or extract content contained in The Application or The Website without prior written permission of an authorized director of The Developer.
The Developer trademarks may not be used in connection with any product or service that is not provided by The Developer, nor is it to be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Developer. All third-party trademarks that may be displayed in The Application and/or The Website are trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Third Parties by The Developer. Any use of Third Party trademarks or links to the websites of Third Parties neither express nor imply that such Third Party endorses or is in any way affiliated with The Developer.
15. DISCLAIMER OF WARRANTIES
The Fit Body AI App and Fit Body AI Website are provided by The Developer on an ‘as is’ basis. The Developer makes no representations or warranties of any kind, express or implied, regarding the use or the results of The Products or Information therein in terms of their correctness, accuracy, reliability, or otherwise. The Developer shall have no liability for any permanent or temporary interruptions in the use of The Products. The Developer disclaims all warranties with regard to information provided, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. The Developer does not warrant that its Product or Service will operate error-free or that The Application or The Website are free of computer viruses, malware, or other potentially harmful or intrusive software. If The User’s use of The Products were to result in the need for servicing or replacing equipment or data, The Developer is not responsible for any associated costs.
16. LIMITATION OF LIABILITY
In no event shall We or any of our affiliates be liable for any damages whatsoever, particularly special, indirect, consequential, or incidental damages. Further, The Developer shall not be liable for damages for loss of profits, loss of revenue, or loss of use, arising from or related to a User’s use of The Products or Information contained therein, regardless of whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise. The foregoing applies even if The Developer has been advised of the possibility of such damages. Part or all of this Limitation of Liability provision shall not apply to the extent prohibited by applicable law.
17. USER’S REPRESENTATION AND WARRANTY
The User agrees to indemnify and hold harmless The Developer and its parents, subsidiaries, affiliates, directors and employees that either have been, are now, or will be at any time in the future affiliated with The Developer from any and all claims, demands, and expenses, including attorneys’ fees, made by any User or Third Party due to or arising out of User use of The Products, User violation of this Agreement, User infringement of intellectual property, or User infringement of any other right of any person or entity.
19. OTHER / MISCELLANEOUS
20. LANGUAGE OF THE CONTRACT
The language of the contract is English.
21. INFORMATION ABOUT THE SUPPLIER