Terms of service

for the usage of the app „move healthy“

as of Aug 10, 2023

 

 

1. General Provisions, Scope of Use

The AIMO “move healthy“ app (hereinafter „AIMO“) refer to the services of AIMO GmbH, Obere Gänsweide 5, 73770 Denkendorf. Further information about AIMO can be found in the imprint.

1.1 In our separate privacy policy we explain what information we collect and how we use and share it, the choices you have about this, such as managing your privacy settings or your right to access the information we hold about you.

Our terms and conditions represent the agreement between you and us, AIMO GmbH, regarding the use of our services (“Services”). We therefore ask you to read these AIMO terms and conditions carefully before you log into one of the AIMO apps (hereinafter referred to as referred to as „Apps“), register and use them.

AIMO offers users various options to train based on an individual movement scan in order to improve their own fitness level. With the app „move healthy“, AIMO is developing one of the first apps to be certified by the German Central Prevention Testing Center (ZPP) according to Chapter 7 as a digital prevention offer. This means that German health insurance funds subsidize the “move healthy” app. We are working to include other countries as well.

The services may be free of charge, chargeable in whole or in part, or supported by advertising. They may be offered as one-time payment or subscription model. The chargeability of a service is explicitly stated. With the active confirmation or registration as a user of one of the AIMO apps, you accept the respective general terms and conditions (GTC) for the use of the respective AIMO app. The terms and conditions of the respective AIMO app are displayed within the app during the registration process and must be actively confirmed before you start using it.

1.2 In principle, a service  can be used on all end devices or platforms supported by AIMO. Restrictions, in particular technical ones, can be found in the respective offer presentation. If the user accesses the services via the app and has downloaded the app from the app store of a third party, the respective terms and conditions of business or use of the app store apply in addition; in the event of contradictions, the terms and conditions of the respective apps take precedence. When downloading and using the app, especially in third-party networks or abroad, the user may incur transmission costs from his internet access provider.

1.3 Individual AIMO services may depend on registration or a fee. The user assures that all data transmitted during registration is true and complete. The contractual relationship between the user and AIMO only comes about when the services are activated.

1.4 AIMO provides an overview of the available fee-based services, their scope of services, terms and fees. The fee to be paid for using a chargeable service can be found in the respective description of the offer, which also contains the scope of services and any restrictions. Payment of the fee only entitles access to the services that are visible or available in the presentation of the offer.

2. Paid Services

2.1 The individual steps of purchasing paid services can be found in the descriptions or the terms of use within the app or in the app store of the third party. An order by the user, in particular via the order button, does not yet result in a contract. Rather, the user submits an offer. After the order has been placed, its receipt will be immediately confirmed to the user electronically, whereby the order will be accepted. The contractual relationship between the user and AIMO only comes about when the order is accepted. Acceptance can also be implied, in particular by activating the chargeable services.

2.2 Fees are due for the entire term. The payment systems shown in the offer presentation are accepted, which are usually operated by appropriate service providers. In particular, this can involve payment systems offered by the operators of the respective app store. Insofar as the respective service provider includes its own general terms and conditions of business or use in individual cases, these apply exclusively to payment processing. If necessary, the user must have a user account with the service provider.

2.3 The provider of the respective app store can influence the available paid services or their duration or extension. Depending on the respective app store, paid services may expire after the end of the agreed term without the need for termination, or the respective contract term may be extended by a corresponding period or indefinitely. Details can be found in the respective offer presentation or the terms and conditions of the app store or the terms and conditions of the respective apps. In some cases, the app stores also offer the option of terminating paid services, for example via a menu item in the app store.

2.4 If fees cannot be collected, the user shall bear all costs incurred as a result, insofar as he is responsible for the event causing the costs. If the user does not pay fees or payments made are returned, AIMO is entitled to block access to individual or all AIMO services.

2.5 AIMO can offer users paid services free of charge for a certain period of time. It is at the sole discretion of AIMO to determine which user can participate in a trial offer. AIMO can terminate the provision of a test offer at any time or change the scope of the test offer. AIMO may require the user to provide their payment details at the beginning of the test offer. After the end of the test offer, AIMO can charge the user for the fees incurred for the subsequent fee-based further use of the respective service. The user will be informed of this as part of the presentation of the offer and must agree to this. The user is free to cancel the test offer up to 14 days before the end of the test period. Otherwise, the trial offer will turn into a paid service.

2.6 AIMO reserves the right to change its business model at any time and e.g. B. to provide certain or all services only for a fee. In this case, AIMO will publish the respective fees. The user is then free to decide whether to continue using it for a fee or to stop using it.

3. Right of withdrawal for consumers

If users are consumers within the meaning of § 13 BGB (German law), the following right of withdrawal applies to you.

Right of withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The cancellation period is fourteen (14) days from the day the contract was concluded. In order to exercise your right of withdrawal, you must send us (AIMO GmbH, Obere Gänsweide 5, 73770 Denkendorf, email: support@aimo-fit.com) a clear statement (e.g. a letter sent by post or email) about your decision to revoke this contract. To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. The right of withdrawal expires in the case of a contract for the provision of services if the entrepreneur has fully provided the service and has only started to perform the service after the consumer has given his express consent to this and at the same time has confirmed his knowledge that he loses his right of withdrawal if the contract has been completely fulfilled by the entrepreneur.

4. Permitted Uses of Our Services

Our Terms and Policies

You must use our services in accordance with these terms of service. If you violate these terms, we may take action against the violations, including deactivating or suspending your account. If we can reasonably be expected to do so, we will warn you before we block your account and give you the opportunity to save your data beforehand. If we do this, you must not create another account without our permission.

Lawful and Acceptable Use

You may access or use our services only for lawful, legitimate and permissible purposes. You will not use (or assist others to use) our services in any way that: (a) infringes the rights of AIMO, our users, or others (including privacy, publicity, intellectual property, or other proprietary rights) violates, misappropriates or violates them; (b) is unlawful, obscene, abusive, threatening, intimidating, harassing, hateful, racially or ethnically objectionable, or incites or encourages conduct that would be illegal or otherwise inappropriate, including promoting violent crime; (c) involves the publication of falsehoods, misrepresentations or misleading statements; (d) impersonates anyone; (e) includes sending illegal or improper communications such as bulk messaging, auto-messaging, auto dialing and the like; or (f) involves non-private use of our services unless licensed or authorized by us.

Registration

You must register for our services using correct information, provide your current email address and update it using our in-app feature if there is a change. For verification as part of the registration, we will send you an email with a code to confirm your registration for our services and to confirm your email address.

Age

You must be at least 18 years old to use our services.

Devices and software

To use our app you need a smartphone, software and data connections, which we do not provide you with. You will be informed about innovations or updates via your App Store / Playstore.

Fees and Taxes

You are responsible for all data plans from your wireless service provider or carrier, and any other fees and taxes associated with your use of our Services.

Harm to AIMO or our users

You may not, directly or indirectly, by automated means or otherwise, use, copy, adapt, modify, distribute our Services in any improper or unauthorized manner that burdens, harms or harms us, our Services, systems, users or others (or assist others to do so) , license, sublicense, transmit, display, perform or otherwise exploit or access or create derivative works based on them. This also includes that you shall not, directly or by automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile or extract the code of our Services; (b) send or transmit any virus or other harmful computer code through or store on our services; (c) gain or attempt to gain unauthorized access to our services or systems; (d) disrupt or disrupt the integrity or performance of our services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information from or about our users in any illegal or unauthorized way; (g) sell, resell, rent or charge for our Services; or (h) distribute or make our services available over a network where they could be used by multiple devices at the same time; or (i) develop software or APIs that work substantially like our services and make them available for use by unauthorized third parties.

Security of your account

You are responsible for maintaining the security of your device and your AIMO Account, and you must notify us immediately of any unauthorized use or security breach regarding your account or our Services.

5. Privacy Policy and User Data

AIMO takes the protection of customer data seriously. In principle, the protection of your individual private and personal sphere is of the utmost importance to us. Therefore, compliance with the legal provisions on data protection is a matter of course for us.

The AIMO Apps Privacy Policy explains our data practices, including the types of data we receive and collect from you, how we use and share that information, and your rights regarding the processing of information about you. Please inform yourself in detail in our data protection declaration.

6. Rights of usage

Your rights

AIMO does not claim ownership of the information and data that you transmit or generate for your AIMO account or via our services. You must have the necessary rights in relation to such information submitted by you for your AIMO Account or via our services and the right to grant the rights and licenses in accordance with our terms.

AIMO’s rights

We own all copyrights,  rademarks, utility models, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our services. You may not use our copyrights, trademarks, utility models, domains, logos, trade dress, patents, or other intellectual property rights unless you have our express permission and use is in accordance with our Trademark Guidelines.

Your license to AIMO

In order for us to operate and provide our Services, you grant to AIMO a worldwide, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, display, and perform the information (including the Content) that you access or upload, transmit, store, send or receive via our service(s). The rights granted by you under this license are limited to the purpose of operating and providing our services

The license from AIMO to you as a private user

We grant you a time-limited, location-limited, revocable, non-exclusive, non-sublicensable, non transferable license to use our Services, subject to and consistent with our Terms. This license is for the sole purpose of enabling you to use our Services in the ways permitted by our Terms. No license or right is granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

7. Release

If anyone brings a claim (“Third Party Claim”) against us regarding your actions, information, or data on AIMO, you shall indemnify and hold harmless AIMO from and against all damages, losses and expenses of any kind (including reasonable attorneys‘ fees and other costs of litigation), related to, arising out of, or in any way connected with any of the following: (a) your access to or use of our services, including any information provided in connection therewith; (b) your violation of our terms or applicable law; or (c) any misrepresentation made by you. To the extent required by us, you will cooperate in the defense of, or the settlement of, any third party claim. The above waiver does not affect your rights against AIMO if the laws of your country of residence applicable to your use of our services do not permit it.

You must report any alleged violations of copyright, trademark or other intellectual property of third parties immediately by telephone or email to ceo@aimo-fit.com. We may take action regarding your account, including deactivating or suspending your account, if you infringe the intellectual property rights of others

8. Liability and Warranty

We use reasonable skill and care to provide our Services to you and to maintain a safe and error-free environment. However, we cannot guarantee that the AIMO Apps will always function without interruptions, delays or defects.

You use our services at your own risk and subject to the following disclaimers: We provide our Services „as is“ and without any express or implied warranties; this concerns, among other things Warranties of merchantability, fitness for a particular purpose, eligibility, non-infringement and freedom from computer viruses or other harmful code. We further do not guarantee that any information we provide is accurate, complete, or useful, that our Services will be operational, error-free, or secure. We do not control how or when our users use our services or the features, services, and interfaces provided by our services, and we are not responsible for such control.

AIMO expressly assumes no liability for (i) damage caused by the use of the movement analysis provided (ii) health problems resulting from late or incorrect treatment (iii) health problems resulting from incorrect diagnoses.

The above exclusion of liability does not apply in the case of intent and gross negligence, liability for personal injury, liability under the Product Liability Act and the provisions of the General Data Protection Regulation (GDPR)

9. Dispute Resolution

Any claim you make against us arising out of or in connection with these terms or our services is governed by German law. Collision law provisions such as the UN Sales Convention are excluded.

10. Availability and Termination or Cancellation of Our Services

Availability of our Services

We are constantly striving to improve our services. This means that we may add or remove our services, features and support for specific devices and platforms. Our services may be interrupted, for example for maintenance, repairs, improvements or due to network or equipment failures. We may discontinue some or all of our Services, including certain features and support for certain devices and platforms, at any time, with 30 days‘ notice where possible. Events beyond our control may affect our services, such as natural disasters and other force majeure events.

Termination/Termination

While we hope you remain an AIMO user, you can end your relationship with AIMO at any time, for any reason, by deleting your account.

We, too, may modify, suspend, or terminate your access to or use of our services at any time for suspicious or illegal conduct; etc. for fraud or if we reasonably believe that you are breaching our terms or causing harm, risk or potential legal exposure to us, our users or others. The following provisions apply beyond any termination of your relationship with AIMO: “6. Rights of Use”, “8. Liability and Warranty”, “7. Release”, “9. settlement of disputes”. If you believe the termination/cancellation or suspension of your account was done in error, please contact us at support@aimo-fit.com.

11. Miscellaneous

We reserve the right in the future to determine that certain services provided byus are governed by separate terms (which you may be required to accept separately).

AIMO endeavors to enable trouble-free operation of the app and to keep it available as permanently as possible, but points out that complete or uninterrupted availability is technically not feasible and therefore assumes no guarantee for trouble-free operation or a specific availability. In particular, AIMO can restrict access – in whole or in part, temporarily or permanently – without giving reasons. In addition, there is no entitlement to maintaining individual functionalities of the app itself. AIMO is entitled at any time to change or remove content, services and functionalities provided within the app and to make new content, services and functionalities available or to discontinue the apps altogether; this also includes the introduction of a charge for all or certain services or their partial or complete discontinuation.

Our services are not intended for distribution into, or use in, any country where such distribution or use would be contrary to local law or subject us to any regulation in any other country. We reserve the right to restrict our services in any country.

We may change or update these terms. Unless otherwise required by law, we will provide you with at least 30 days‘ notice of changes to our Terms, giving you an opportunity to review the revised terms before continuing to use our services. We will also update the „Last Modified“ date at the top of our terms. Changes to these Terms will not take effect until 30 days after our notice of any proposed changes. Please note that we may not be able to provide such notice for changes to these terms made necessary by technical developments of our services or for legal reasons, and such changes will be effective immediately. Your continued use of our services after the notice period regarding planned changes has expired, you confirm your acceptance of our changed terms. While we hope that you will continue to use AIMO, if you do not agree to our modified terms, you must stop using our services by deleting your account.

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring or sale of assets, or by operation of law or otherwise, and we may transfer your information transferred to any of our affiliates or successor companies or new owners. In the event of such an assignment, these terms will continue to apply
to your relationship with such third party. While we hope that you will continue to use AIMO, if you do not consent to such assignment, you must stop using our services by deleting your account.

You may not assign any of your rights or obligations under these Terms to anyone else without our prior written consent.

If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, or if the terms contain any inconsistency, then that provision shall be deemed severable from our terms and shall not affect the validity and enforceability of any remaining provisions of our terms and the remainder of our terms will remain in full force and effect.