Terms of use AIMO gesund bewegt

To use the „AIMO gesund bewegt“ app“

Status: July 11, 2022

 

1. purpose

The app „AIMO gesund bewegt“ is aimed at people aged 18 and over who have a sedentary lifestyle, are new to exercise, or are returning to exercise. 

The „AIMO gesund bewegt“ app motivates with regular training routines

  • Understand movement correctly and execute it correctly
  • exercise even if you don't feel like it, lack energy or feel unwell
  • Integrate suitable exercises permanently into the daily routine

You rediscover your body again and again with a smartphone-based movement scan and receive the exercise recommendations that are right for you. Integrate personalized training routines into your daily routine for 30 minutes a week: for mindfulness, strength & flexibility, sweating or running. Neuro-centered exercises relax you and strengthen your body awareness. The „2-minute routine“ interrupts long periods of sitting.

Depending on your choice of training routine, duration and level of difficulty, you will receive a selection of exercises from the exercise pool of the „AIMO gesund bewegt“ app. The exercise pool contains more than 500 exercises. These include more than a hundred neurocentric exercises to train your brain and more than 400 corrective and athletic exercises for musculoskeletal training.

Neuro-centered training starts where movement originates: in the brain. The exercises cover all three systems that control movement: Eyes, balance and movement, with the exercises having a strong focus on your breathing. This allows you to train your physical functions that you need in everyday life holistically, literally from head to toe.

The musculoskeletal training is scan-based and focuses on balancing imbalances and weaknesses in your body. It primarily involves stability and mobility training. Inappropriate body positions, prolonged sitting, and especially a lack of movement prevent many adults from using their muscles in a targeted and appropriate manner. This throws the body off balance, leading to imbalances or weaknesses. These then often result in tension or blockages.

2. scope of application

2.1 Contractual partner and subject matter of the contract

Our terms of use represent the agreement between you and us, AIMO GmbH (Obere Gänsweide 5, 73770 Denkendorf, Germany), regarding the use of our services. We therefore ask you to read these terms of use carefully before registering in the „AIMO gesund bewegt“ app and using it.

In our separate privacy policy, we explain what information we collect, how we use it and what choices you have in this regard. This is about managing your privacy settings or your right to access the information we have stored about you.

The „AIMO gesund bewegt“ app is aimed exclusively at consumers. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. You are expressly prohibited from using the „AIMO gesund bewegt“ app for commercial or other commercial purposes.

2.2 Prerequisite for participation

In order to open a user account and use the „AIMO gesund bewegt“ app, you must be 18 years of age and have full legal capacity. You must use our services in accordance with these terms of use. If you violate these terms, we are entitled to take action against the violations, including deactivating or suspending your account. Where reasonably practicable, we will warn you before we suspend your account and give you the opportunity to back up your data before doing so. If we do so, you may not create another account without our permission.

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

2.3 Region

The „AIMO gesund bewegt” app is only intended for use in Germany.

2.4 Devices and software

To use our app, you need a smartphone with a selfie camera, software and data connections, which we do not provide. You will be informed about new features or updates via the Apple App Store / Google Playstore.

2.5 Scanning requirements

The following factors, among others, are important for the proper functioning of the AIMO™ motion scan:

  • Sufficient lighting
  • the user is alone in the picture, facing the camera, all body parts are clearly visible
  • Sufficient contrast between the clothing and the background and subsurface
  • a non-mirroring environment

2.6 Barrier-free use

The scan and training can be carried out in sports or comfortable leisure clothing. However, we recommend a gym mat for exercises on the floor.

The „AIMO gesund bewegt” app supports accessibility in the areas of vision, hearing and motor skills with the following operating aids:

Listening: The volume of the audio output can be selected manually by the user. If this does not solve the problem, users can refer to exercise descriptions in PDF format.

Vision: If you have impaired vision or visual deficits, we recommend using a larger smartphone or tablet, as the motion scan requires a distance of 3-4 meters to the mobile device, which makes it easier to read. If users do not have a larger mobile device (such as a larger smartphone or tablet) or access to a television on which the mobile device can be played, the exercise descriptions can be used in PDF format. The exercise descriptions in audio/video format can be played and enlarged by the insured person on any possible device (laptop, computer, etc.).

Motor Skills: Performing the overhead squat is necessary to receive a personalized exercise recommendation. Otherwise, without a scan, generalized exercises at a low threshold will be provided as recommendations. Training routines with neuro-centered mindfulness exercises offer an ideal, scan-free alternative for users with motor limitations or low energy. This allows every user to manage their training session according to their individual barriers, thereby strengthening their own movement-related self-efficacy.

3. services and prices

3.1 Services

The app „AIMO gesund bewegt“ is aimed at people aged 18 and over who have a sedentary lifestyle, are new to exercise, or are returning to exercise.

The „AIMO gesund bewegt” app motivates with regular training routines

  • Understand movement correctly and execute it correctly
  • exercise even if you don't feel like it, lack energy or feel unwell
  • Integrate suitable exercises permanently into the daily routine

The purchase of the „AIMO gesund bewegt“ app is made through the App Store for a one-time fee of €99.99, which is due upon your registration in the app. Therefore, the „AIMO gesund bewegt“ app is NOT a subscription. With the purchase of the app, you acquire a 1-year license.

Note: Scientific proof of effectiveness according to § 20 SGB V has been provided for persons between 18 and 65 years of age.

3.2 Third-party fees and taxes

You are responsible for all data tariffs of your mobile phone provider or network operator and all other fees and taxes associated with your use of our services.

4. your health

Our app is not a medical product. Use of the app is at your own risk and is not intended for anyone suffering from musculoskeletal disorders requiring treatment.

If you suffer from health problems, pain, restricted movement or permanent misalignments, so that the AIMO™ motion scan is only possible to a limited extent or with pain, the use of the AIMO™ motion scan is prohibited. In these cases, we strongly recommend that you consult a doctor.

4.1 Health requirements

Use of the „AIMO gesund bewegt” app is at your own risk and is not permitted for anyone suffering from musculoskeletal disorders requiring treatment.

This app expressly does not provide a medical diagnosis that is suitable as a basis for the initiation of therapeutic measures and does not provide any recommendations for therapeutic measures. The analysis only provides information about your movement skills. The app does not determine the causes of any deviations in movement that may be detected. This applies, for example, to

  • accidental causes,
  • Poor posture,
  • congenital or acquired deformities,
  • Bone diseases (including cancer),
  • Muscle diseases,
  • wear and tear due to age or movement,
  • viral or bacterial diseases,
  • Autoimmune diseases,
  • neuronal diseases,
  • Cardiovascular diseases,
  • Lung or respiratory diseases (including asthma),
  • Spinal and/or joint problems,
  • surgical interventions,
  • as well as other medical or actual causes not mentioned here.
  • For our female users, the basic exercises we offer should not be used by pregnant or breastfeeding mothers.

4.2 Pain

Your safety is our top priority. That's why the „AIMO healthy movement” app asks you if you are currently in pain. As a general rule, you should not perform the AIMO™ movement scan and the training routines if you are currently in pain. You may only perform the scan if you are fit and have no pain. Talk to your doctor first if you are unsure.

In addition, the „AIMO gesund bewegt” app asks you after each scan whether you were in pain during the exercise.

4.3 No substitute for medical advice

The services and information offered as part of the „AIMO gesund bewegt” app are neither medical nor medical advice. They are also not a substitute for a medical examination or treatment.

4.4 Training science

Fitness advice and coaching are subject to constantly evolving health, training and sports science findings. Even if we base the training concept in the „AIMO gesund bewegt” app on current studies and findings, we cannot guarantee that these correspond to the latest research results or findings.

5. object of our services

5.1 Registering your user account

You must register for our services using correct information, enter your current email address and update it in the event of a change using our in-app function. For verification during the registration process, we will send you an email with a code to confirm your registration for our services and to confirm your email address.

To register your user account, simply download the „AIMO gesund bewegt” app from the App Store or Google Play. You can then install the „AIMO gesund bewegt” app on your device and create your user account.

5.2 Motion analysis

The „AIMO gesund bewegt“ app uses a specially developed artificial intelligence (AI) to determine movement skills using a digitized method based on expert opinions and data models. In doing so, „AIMO gesund bewegt“ evaluates the statistical deviation of your movement sequence from an optimal movement. This optimal movement is created from a combination of statistical data, the opinions of experts and established standards.

When you use the „AIMO gesund bewegt“ app, you are asked to perform a movement, usually an overhead squat. This movement is recorded in a video. The artificial intelligence analyzes this video and then determines evasive movements. Evasive movements in the sense of „AIMO Healthy Moves“ are your (largest) deviations from the optimal movement during the execution of the movement.

„AIMO Healthy Moves“ recognizes certain joints of your body during the time in which you perform the movement. AIMO Healthy Moves then translates the results into the comprehensible AIMO™ Movement Score. This is a weighted average of all deviations from an ideal movement. Some deviations carry more weight than others. For example, deviations in the area of the foot and knee are considered more serious, as they affect the entire movement above the foot.

The „AIMO gesund bewegt“ app itself does not make any legally binding decisions. We merely provide automated suggestions for exercises that can help you to reduce any deviations,

5.3 Training routines

There are different training routines in the „AIMO gesund bewegt“ app that you can complete depending on the situation and the time available. If you select a training routine after the movement scan, the recommended corrective exercises are tailored precisely to your evasive movements. These recommendations are designed to be easy to integrate into your existing training routine. The aim of the training routines is to increase your movement-related self-efficacy and enable you to work effectively and efficiently on your evasive movements.

Your body and your brain are happy about every movement stimulus, especially if you do it mindfully. Find out for yourself from the wide range of training routines which exercises are good for you and when.

5.4 Profile settings

In the profile settings you can:

  • Customize your personal information. This includes your name, sport, gender, date of birth, height and weight
  • Change your account, i.e. your password and e-mail address
  • Download your data or delete your account.
  • You will also find the links to our legal notice, our privacy policy and these terms of use in the profile settings.

 

6. privacy policy and user data

AIMO takes the protection of customer data seriously. The protection of your individual privacy 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 Privacy Policy of the „AIMO gesund bewegt“ app explains our practices with regard to data, including the types of data we receive and collect from you, how we use and share this information, and your rights regarding the processing of information about you. Please refer to our Privacy Policy for more information, which you can here find.

7. rights of use

7.1 Your rights

AIMO does not claim ownership of the information and data that you submit or generate for your AIMO account or through 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.

7.2 The rights of AIMO

We own all copyrights, trademarks, 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 the use is in accordance with our trademark guidelines.

7.3 Your license vis-à-vis AIMO

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

7.4 AIMO's license to you as a private user

We grant you a temporally and geographically limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use our Services in accordance with and subject to our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. Except for the licenses and rights expressly granted to you, no licenses or rights are granted to you by implication or otherwise.

8. exemption

If anyone asserts a claim („Third Party Claim“) against us regarding your actions, information, or data on AIMO, you will indemnify and hold AIMO harmless from and against all damages, losses, and expenses of any kind (including reasonable attorneys' fees and other legal costs) relating to, arising out of, or in any way connected with: (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. your use of them, including any information provided in connection therewith; (b) your violation of our Terms or applicable law; or (c) any misrepresentation made by you. You will cooperate to the extent required by us in the defense of any claim or settlement of any claim brought by a third party. Your rights against AIMO will not be affected by the above indemnification if the laws of the country in which you reside do not permit this as a result of your use of our services.

You must immediately notify us of any alleged infringement of third-party copyrights, trademarks, or other intellectual property rights. You can do this by emailing us directly at support@aimo-fit.com contact.

9 Liability and warranty

We use reasonable skill and care to provide you with our services and to ensure a secure and error-free environment. However, we cannot guarantee that AIMO 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 warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer viruses or other harmful code. We further do not warrant that any information we provide will be accurate, complete or useful, or 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 through our Services, and we are not responsible for such control.

AIMO expressly accepts no liability for (i) damage caused by the use of the AIMO motion scan provided (ii) health problems caused by incorrect execution of the training provided.

The above exclusions of liability do not apply in cases of intent and gross negligence, liability for personal injury, liability under the German Product Liability Act (Produkthaftungsgesetz) or the provisions of the General Data Protection Regulation (GDPR).

10. 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 breach of security of your account or our services.

11. settlement of disputes

The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order out of court. You can find the dispute resolution platform here: https://ec.europa.eu/consumers/odr/

Consumer information: Non-participation in a dispute resolution procedure.

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. You can find our email address in the imprint.

12 Availability and termination of our services

This service is not a subscription that requires active cancellation. Regardless, you can terminate the service at any time, for any reason, by deleting your account. You can cancel your account in the app or via email at support@aimo-fit.com submit. If you initiated the deletion, you can undo the process within 30 days. After 30 days, the process is irreversible, and you cannot recover your account. After 60 days from the deletion request, all data from our backup systems will also be deleted.

We may also modify, suspend, or terminate your access to or use of our Services at any time for any reason, including for any suspected or alleged breach of these terms, fraud, or if we have reason to believe you have violated our terms or are causing harm, risk, or potential legal exposure to us, our users, or others. The following provisions will survive any termination of your relationship with AIMO: „License Grant,“ „Disclaimer of Warranties and Limitation of Liability,“ „Indemnification,“ and „Dispute Resolution.“ If you believe that your account termination or suspension was in error, please contact us directly via email at support@aimo-fit.com.

13. right of withdrawal for consumers

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

Cancellation policy

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days, starting from the day the contract is concluded. To exercise your right of withdrawal, you must inform us (AIMO GmbH, Obere Gänsweide 5, 73770 Denkendorf) by means of a clear statement of your decision to withdraw from this contract. Please contact us via email at support@aimo-fit.com. To comply with the withdrawal period, it is sufficient for you to dispatch the notification of exercising the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. The right of withdrawal expires in the case of a contract for the provision of services if the entrepreneur has provided the service in full and has only begun to perform the service after the consumer has given his express consent and at the same time confirmed his knowledge that he loses his right of withdrawal upon complete fulfillment of the contract by the entrepreneur.

 

14. other

14.1 Final regulation

Unless otherwise provided in an agreement jointly signed by you and us, these Terms constitute the entire agreement between you and us with respect to AIMO and our Services and supersede all prior agreements.

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

14.2 No use in other countries

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

14.3 Adaptation of the terms of use

We may change or update these Terms. Unless otherwise required by law, we will provide you with at least 30 days„ notice of any changes to our Terms, giving you the opportunity to review the revised Terms before you continue 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 proposed changes. Please note that we may not be able to provide such notice for changes to these Terms that are required due to technical developments to our Services or for legal reasons, in which case such changes will take effect immediately. Your continued use of our Services after the notice period for proposed changes has expired confirms your acceptance of our amended Terms. While we hope you will continue to use the AIMO Healthy Moves app, if you do not agree to our amended terms, you must stop using our services by deleting your account.

14.4 Transferability of the contract of use

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, reorganization or sale of assets or by operation of law or otherwise, and we may transfer your information to any of our affiliates or successor entities or any new owner. In the event of such an assignment, these Terms will continue to apply to your relationship with such third party. While we hope you will continue to use the AIMO Healthy Moves app, if you do not consent to such assignment, you must stop using our services by deleting your account.

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

If any provision of these Terms is held to be unlawful, void or for any reason unenforceable, or if there are any omissions in these Terms, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms, and the remainder of these Terms shall continue in full force and effect.

14.5 Applicable law

German law shall apply exclusively between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, insofar as mandatory consumer law provisions are involved.

14.6 Place of jurisdiction

If you do not have a general place of jurisdiction in Germany or in another EU member state or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions have come into effect or if your place of residence or usual place of abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office.

14.7 Contract language

The contract language is German.

14.8 Severability clause

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

15. provider information

AIMO GmbH
Obere Gänsweide 5
73770 Denkendorf
Germany

Represented by business executive
Stuttgart Local Court
HRB: 765708
VAT ID: DE320136226

Web: https://aimo-fit.com/

16. storage option and access to the contract text

You can download these General Terms and Conditions at https://www.aimo-fit.com/nutzungsbedingungen-praeventionskurs/ view. If you wish to permanently save these General Terms and Conditions to a data storage medium, you can download them free of charge as a PDF file from the following link. Please consult your browser software's instructions if you need help saving. To open a PDF file, you may need special software such as the free Acrobat Reader or comparable software that can handle PDF files.

1. purpose

The „AIMO gesund bewegt“ app is for people between the ages of 18 and 65 who are sedentary, new to exercise or returning to it.

The „AIMO gesund bewegt“ app motivates with regular training routines

  • Understand movement correctly and execute it correctly
  • exercise even if you don't feel like it, lack energy or feel unwell
  • Integrate suitable exercises permanently into the daily routine

You rediscover your body again and again with a smartphone-based movement scan and receive the exercise recommendations that are right for you. Integrate personalized training routines into your daily routine for 30 minutes a week: for mindfulness, strength & flexibility, sweating or running. Neuro-centered exercises relax you and strengthen your body awareness. The „2-minute routine“ interrupts long periods of sitting.

Depending on your choice of training routine, duration and level of difficulty, you will receive a selection of exercises from the exercise pool of the „AIMO gesund bewegt“ app. The exercise pool contains more than 500 exercises. These include more than a hundred neurocentric exercises to train your brain and more than 400 corrective and athletic exercises for musculoskeletal training.

Neuro-centered training starts where movement originates: in the brain. The exercises cover all three systems that control movement: Eyes, balance and movement, with the exercises having a strong focus on your breathing. This allows you to train your physical functions that you need in everyday life holistically, literally from head to toe.

The musculoskeletal training is scan-based and focuses on balancing imbalances and weaknesses in your body. It primarily involves stability and mobility training. Inappropriate body positions, prolonged sitting, and especially a lack of movement prevent many adults from using their muscles in a targeted and appropriate manner. This throws the body off balance, leading to imbalances or weaknesses. These then often result in tension or blockages.

2. scope of application

2.1 Contractual partner and subject matter of the contract

Our terms of use represent the agreement between you and us, AIMO GmbH (Obere Gänsweide 5, 73770 Denkendorf, Germany), regarding the use of our services. We therefore ask you to read these terms of use carefully before registering in the „AIMO gesund bewegt“ app and using it.

In our separate privacy policy, we explain what information we collect, how we use it and what choices you have in this regard. This is about managing your privacy settings or your right to access the information we have stored about you.

The „AIMO gesund bewegt“ app is aimed exclusively at consumers. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. You are expressly prohibited from using the „AIMO gesund bewegt“ app for commercial or other commercial purposes.

2.2 Prerequisite for participation

In order to open a user account and use the „AIMO gesund bewegt“ app, you must be 18 years of age and have full legal capacity. You must use our services in accordance with these terms of use. If you violate these terms, we are entitled to take action against the violations, including deactivating or suspending your account. Where reasonably practicable, we will warn you before we suspend your account and give you the opportunity to back up your data before doing so. If we do so, you may not create another account without our permission.

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

2.3 Region

The „AIMO gesund bewegt” app is only intended for use in Germany.

2.4 Devices and software

To use our app, you need a smartphone with a selfie camera, software and data connections, which we do not provide. You will be informed about new features or updates via the Apple App Store / Google Playstore.

2.5 Scanning requirements

The following factors, among others, are important for the proper functioning of the AIMO™ motion scan:

  • Sufficient lighting
  • the user is alone in the picture, facing the camera, all body parts are clearly visible
  • Sufficient contrast between the clothing and the background and subsurface
  • a non-mirroring environment

2.6 Barrier-free use

The scan and training can be carried out in sports or comfortable leisure clothing. However, we recommend a gym mat for exercises on the floor.

The „AIMO gesund bewegt” app supports accessibility in the areas of vision, hearing and motor skills with the following operating aids:

Listening: The volume of the audio output can be selected manually by the user. If this does not solve the problem, users can refer to exercise descriptions in PDF format.

Vision: If you have impaired vision or visual deficits, we recommend using a larger smartphone or tablet, as the motion scan requires a distance of 3-4 meters to the mobile device, which makes it easier to read. If users do not have a larger mobile device (such as a larger smartphone or tablet) or access to a television on which the mobile device can be played, the exercise descriptions can be used in PDF format. The exercise descriptions in audio/video format can be played and enlarged by the insured person on any possible device (laptop, computer, etc.).

Motor Skills: Performing the overhead squat is necessary to receive a personalized exercise recommendation. Otherwise, without a scan, generalized exercises at a low threshold will be provided as recommendations. Training routines with neuro-centered mindfulness exercises offer an ideal, scan-free alternative for users with motor limitations or low energy. This allows every user to manage their training session according to their individual barriers, thereby strengthening their own movement-related self-efficacy.

3. services and prices

3.1 Services

The „AIMO gesund bewegt” app is for people between the ages of 18 and 65 who are sedentary, new to exercise or returning to it.

The „AIMO gesund bewegt” app motivates with regular training routines

  • Understand movement correctly and execute it correctly
  • exercise even if you don't feel like it, lack energy or feel unwell
  • Integrate suitable exercises permanently into the daily routine

The purchase of the „AIMO gesund bewegt“ app is made through the App Store for a one-time fee of €99.99, which is due upon your registration in the app. Therefore, the „AIMO gesund bewegt“ app is NOT a subscription. With the purchase of the app, you acquire a 1-year license.

3.2 Third-party fees and taxes

You are responsible for all data tariffs of your mobile phone provider or network operator and all other fees and taxes associated with your use of our services.

4. your health

Our app is not a medical product. Use of the app is at your own risk and is not intended for anyone suffering from musculoskeletal disorders requiring treatment.

If you suffer from health problems, pain, restricted movement or permanent misalignments, so that the AIMO™ motion scan is only possible to a limited extent or with pain, the use of the AIMO™ motion scan is prohibited. In these cases, we strongly recommend that you consult a doctor.

4.1 Health requirements

Use of the „AIMO gesund bewegt” app is at your own risk and is not permitted for anyone suffering from musculoskeletal disorders requiring treatment.

This app expressly does not provide a medical diagnosis that is suitable as a basis for the initiation of therapeutic measures and does not provide any recommendations for therapeutic measures. The analysis only provides information about your movement skills. The app does not determine the causes of any deviations in movement that may be detected. This applies, for example, to

  • accidental causes,
  • Poor posture,
  • congenital or acquired deformities,
  • Bone diseases (including cancer),
  • Muscle diseases,
  • wear and tear due to age or movement,
  • viral or bacterial diseases,
  • Autoimmune diseases,
  • neuronal diseases,
  • Cardiovascular diseases,
  • Lung or respiratory diseases (including asthma),
  • Spinal and/or joint problems,
  • surgical interventions,
  • as well as other medical or actual causes not mentioned here.
  • For our female users, the basic exercises we offer should not be used by pregnant or breastfeeding mothers.

4.2 Pain

Your safety is our top priority. That's why the „AIMO healthy movement” app asks you if you are currently in pain. As a general rule, you should not perform the AIMO™ movement scan and the training routines if you are currently in pain. You may only perform the scan if you are fit and have no pain. Talk to your doctor first if you are unsure.

In addition, the „AIMO gesund bewegt” app asks you after each scan whether you were in pain during the exercise.

4.3 No substitute for medical advice

The services and information offered as part of the „AIMO gesund bewegt” app are neither medical nor medical advice. They are also not a substitute for a medical examination or treatment.

4.4 Training science

Fitness advice and coaching are subject to constantly evolving health, training and sports science findings. Even if we base the training concept in the „AIMO gesund bewegt” app on current studies and findings, we cannot guarantee that these correspond to the latest research results or findings.

5. object of our services

5.1 Registering your user account

You must register for our services using correct information, enter your current email address and update it in the event of a change using our in-app function. For verification during the registration process, we will send you an email with a code to confirm your registration for our services and to confirm your email address.

To register your user account, simply download the „AIMO gesund bewegt” app from the App Store or Google Play. You can then install the „AIMO gesund bewegt” app on your device and create your user account.

5.2 Motion analysis

The „AIMO gesund bewegt“ app uses a specially developed artificial intelligence (AI) to determine movement skills using a digitized method based on expert opinions and data models. In doing so, „AIMO gesund bewegt“ evaluates the statistical deviation of your movement sequence from an optimal movement. This optimal movement is created from a combination of statistical data, the opinions of experts and established standards.

When you use the „AIMO gesund bewegt“ app, you are asked to perform a movement, usually an overhead squat. This movement is recorded in a video. The artificial intelligence analyzes this video and then determines evasive movements. Evasive movements in the sense of „AIMO Healthy Moves“ are your (largest) deviations from the optimal movement during the execution of the movement.

„AIMO Healthy Moves“ recognizes certain joints of your body during the time in which you perform the movement. AIMO Healthy Moves then translates the results into the comprehensible AIMO™ Movement Score. This is a weighted average of all deviations from an ideal movement. Some deviations carry more weight than others. For example, deviations in the area of the foot and knee are considered more serious, as they affect the entire movement above the foot.

The „AIMO gesund bewegt“ app itself does not make any legally binding decisions. We merely provide automated suggestions for exercises that can help you to reduce any deviations,

5.3 Training routines

There are different training routines in the „AIMO gesund bewegt“ app that you can complete depending on the situation and the time available. If you select a training routine after the movement scan, the recommended corrective exercises are tailored precisely to your evasive movements. These recommendations are designed to be easy to integrate into your existing training routine. The aim of the training routines is to increase your movement-related self-efficacy and enable you to work effectively and efficiently on your evasive movements.

Your body and your brain are happy about every movement stimulus, especially if you do it mindfully. Find out for yourself from the wide range of training routines which exercises are good for you and when.

5.4 Profile settings

In the profile settings you can:

  • Customize your personal information. This includes your name, sport, gender, date of birth, height and weight
  • Change your account, i.e. your password and e-mail address
  • Download your data or delete your account.
  • You will also find the links to our legal notice, our privacy policy and these terms of use in the profile settings.

 

6. privacy policy and user data

AIMO takes the protection of customer data seriously. The protection of your individual privacy 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 Privacy Policy of the „AIMO gesund bewegt“ app explains our practices with regard to data, including the types of data we receive and collect from you, how we use and share this information, and your rights regarding the processing of information about you. Please refer to our Privacy Policy for more information, which you can here find.

7. rights of use

7.1 Your rights

AIMO does not claim ownership of the information and data that you submit or generate for your AIMO account or through 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.

7.2 The rights of AIMO

We own all copyrights, trademarks, 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 the use is in accordance with our trademark guidelines.

7.3 Your license vis-à-vis AIMO

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

7.4 AIMO's license to you as a private user

We grant you a temporally and geographically limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use our Services in accordance with and subject to our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. Except for the licenses and rights expressly granted to you, no licenses or rights are granted to you by implication or otherwise.

8. exemption

If anyone asserts a claim („Third Party Claim“) against us regarding your actions, information, or data on AIMO, you will indemnify and hold AIMO harmless from and against all damages, losses, and expenses of any kind (including reasonable attorneys' fees and other legal costs) relating to, arising out of, or in any way connected with: (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. your use of them, including any information provided in connection therewith; (b) your violation of our Terms or applicable law; or (c) any misrepresentation made by you. You will cooperate to the extent required by us in the defense of any claim or settlement of any claim brought by a third party. Your rights against AIMO will not be affected by the above indemnification if the laws of the country in which you reside do not permit this as a result of your use of our services.

You must notify us immediately of any alleged infringements of copyright, trademark or other intellectual property rights of third parties. To do so, you can use our Help Center to contact us directly. We may take action with respect to your account, including deactivating or suspending your account, if you infringe the intellectual property rights of others.

9 Liability and warranty

We use reasonable skill and care to provide you with our services and to ensure a secure and error-free environment. However, we cannot guarantee that AIMO 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 warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer viruses or other harmful code. We further do not warrant that any information we provide will be accurate, complete or useful, or 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 through our Services, and we are not responsible for such control.

AIMO expressly accepts no liability for (i) damage caused by the use of the AIMO motion scan provided (ii) health problems caused by incorrect execution of the training provided.

The above exclusions of liability do not apply in cases of intent and gross negligence, liability for personal injury, liability under the German Product Liability Act (Produkthaftungsgesetz) or the provisions of the General Data Protection Regulation (GDPR).

10. 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 breach of security of your account or our services.

11. settlement of disputes

The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order out of court. You can find the dispute resolution platform here: https://ec.europa.eu/consumers/odr/

Consumer information: Non-participation in a dispute resolution procedure.

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. You can find our email address in the imprint.

12 Availability and termination of our services

This service is not a subscription that must be actively canceled. Regardless of this, you can cancel the service at any time for any reason by deleting your account. You can cancel your account in the app. If you have initiated the deletion, you can reverse the process within 30 days. Once the 30 days have expired, the process is irrevocable and you cannot restore your account. After 60 days following the deletion request, all data will also be deleted from our backup systems.

We may also modify, suspend or terminate your access to or use of our services at any time for suspicious or unlawful behavior, including fraud or if we reasonably believe that you are violating our terms or causing harm, risk or potential legal exposure to us, our users or others. The following provisions will survive any termination of your relationship with AIMO: „Rights of Use“, „Liability and Warranty“, „Indemnification“, „Dispute Resolution“. If you believe that the termination/termination or suspension of your account has been made in error, please contact us directly via our Help Center. There you can cancel your contract directly, chat with us or connect directly with a customer service representative.

13. right of withdrawal for consumers

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

Cancellation policy

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the date of conclusion of the contract. To exercise the right to cancel, you must inform us (AIMO GmbH, Obere Gänsweide 5, 73770 Denkendorf, Germany) of your decision to cancel this contract by a clear statement. KPlease contact us directly via our Help Center. There you can cancel your contract directly online, chat with us or connect directly with a customer advisorTo meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. The right of withdrawal expires in the case of a contract for the provision of services if the entrepreneur has provided the service in full and has only begun to perform the service after the consumer has given his express consent and at the same time confirmed his knowledge that he loses his right of withdrawal upon complete fulfillment of the contract by the entrepreneur.

14. other

14.1 Final regulation

Unless otherwise provided in an agreement jointly signed by you and us, these Terms constitute the entire agreement between you and us with respect to AIMO and our Services and supersede all prior agreements.

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

14.2 No use in other countries

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

14.3 Adaptation of the terms of use

We may change or update these Terms. Unless otherwise required by law, we will provide you with at least 30 days„ notice of any changes to our Terms, giving you the opportunity to review the revised Terms before you continue 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 proposed changes. Please note that we may not be able to provide such notice for changes to these Terms that are required due to technical developments to our Services or for legal reasons, in which case such changes will take effect immediately. Your continued use of our Services after the notice period for proposed changes has expired confirms your acceptance of our amended Terms. While we hope you will continue to use the AIMO Healthy Moves app, if you do not agree to our amended terms, you must stop using our services by deleting your account.

14.4 Transferability of the contract of use

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, reorganization or sale of assets or by operation of law or otherwise, and we may transfer your information to any of our affiliates or successor entities or any new owner. In the event of such an assignment, these Terms will continue to apply to your relationship with such third party. While we hope you will continue to use the AIMO Healthy Moves app, if you do not consent to such assignment, you must stop using our services by deleting your account.

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

If any provision of these Terms is held to be unlawful, void or for any reason unenforceable, or if there are any omissions in these Terms, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms, and the remainder of these Terms shall continue in full force and effect.

14.5 Applicable law

German law shall apply exclusively between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, insofar as mandatory consumer law provisions are involved.

14.6 Place of jurisdiction

If you do not have a general place of jurisdiction in Germany or in another EU member state or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions have come into effect or if your place of residence or usual place of abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office.

14.7 Contract language

The contract language is German.

14.8 Severability clause

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

15. provider information

AIMO GmbH
Obere Gänsweide 5
73770 Denkendorf
Germany

Represented by business executive
Stuttgart Local Court
HRB: 765708
VAT ID: DE320136226

Web: https://aimo-fit.com/

16. storage option and access to the contract text

You can download these General Terms and Conditions at https://www.aimo-fit.com/nutzungsbedingungen-praeventionskurs/ view. If you wish to permanently save these General Terms and Conditions to a data storage medium, you can download them free of charge as a PDF file from the following link. Please consult your browser software's instructions if you need help saving. To open a PDF file, you may need special software such as the free Acrobat Reader or comparable software that can handle PDF files.