Status: July 11, 2022
AIMO, aimo-fit.com, the AIMO fit app and the AIMO „gesund bewegt“ app (hereinafter „AIMO“) refers to the services provided by AIMO GmbH, Obere Gänsweide 5, 73770 Stuttgart, Germany. 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, what choices you have in this regard, such as managing your privacy settings or your right to access the information we hold about you.
Our Terms and Conditions constitute the agreement for the use of our services („Services“) between you and us, AIMO GmbH. We therefore ask you to read these AIMO Terms and Conditions carefully before registering for and using any of the AIMO Apps (hereinafter referred to as „Apps“).
AIMO offers users various ways to train based on an individual movement scan in order to improve their own fitness level. With the app „AIMO healthy moves“ AIMO is developing one of the first apps to be certified as a digital prevention offer by the Central Prevention Testing Center (ZPP) in accordance with Chapter 7. This means that the „AIMO gesund bewegt“ app will be subsidized by health insurance companies.
AIMO also offers the movement app via a subscription model. „AIMO fit“. With holistic training for a healthy and efficient body, the app combines movement scanning, body awareness and personalized exercises.
The services may be free of charge, fully or partially chargeable or ad-financed. The chargeability of a service is explicitly indicated. By actively confirming or registering as a user with 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 use begins.
1.2
In principle, a service can be used on all end devices or platforms supported by AIMO. Restrictions, in particular for technical reasons, 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 the app store shall apply in addition; in the event of contradictions, the terms and conditions of the respective apps shall take precedence. When downloading and using the app, particularly in third-party networks or abroad, the user may incur transmission costs from their internet access provider.
1.3
Individual AIMO services may be subject to registration or payment. The user warrants that all data provided during registration is true and complete. The contractual relationship between the user and AIMO only comes into effect 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 the use of a chargeable service can be found in the respective offer presentation, which also contains the scope of services and any restrictions. Payment of the fee only entitles the user to access the services that are shown or available in the description of the offer.
2.1
The individual steps for purchasing paid services can be found in the descriptions or terms of use within the app or in the third-party app store. An order placed by the user, in particular via the order button, does not constitute a contract. Rather, the user submits an offer. Once the order has been placed, its receipt will be confirmed to the user immediately by electronic means, whereby the order is accepted. The contractual relationship between the user and AIMO only comes into effect 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 presentation of the offer are accepted, which are generally operated by corresponding service providers. In particular, these may be payment systems offered by the operators of the respective app store. If the respective service provider includes its own general terms and conditions or terms of use in individual cases, these shall apply exclusively to payment processing. If applicable, the user must have a user account with the service provider.
2.3
The provider of the respective app store can influence the available fee-based services or their term or extension. Depending on the respective app store, fee-based services may expire at 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, 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 options for terminating fee-based 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 if payments made are charged back, AIMO is entitled to block access to individual or all AIMO services.
2.5
AIMO may offer users fee-based 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 may terminate the provision of a trial offer at any time or change the scope of the trial offer. AIMO may require the user to provide their payment details at the beginning of the trial offer. After the end of the trial offer, AIMO may charge the user with the fees incurred for the subsequent fee-based continued 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 trial offer up to 14 days before the end of the trial period. Otherwise, the trial offer will be converted into a chargeable service.
2.6
AIMO reserves the right to change its business model at any time and, for example, 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 the service for a fee or to terminate its use.
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. Write to us at support@aimo-fit.com by e-mail. To 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.
Our conditions and guidelines
You must use our services in accordance with these terms and conditions. If you breach these Terms, we may take action to address the breach, 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.
Lawful and permissible use
You may only access or use our Services for lawful, legitimate and permissible purposes. You will not use (or assist others in using) our Services in a way that: (a) infringes the rights of AIMO, our users or others (including privacy rights, publicity rights, intellectual property rights or (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 authorized by us.
Registration
You must register for our services using correct information, enter your current e-mail address and update it in the event of a change using our in-app function. For verification during 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 will be informed about new features or updates via your app store / Playstore.
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.
Damage to AIMO or our users
You may not, directly or indirectly or by automated or other means, use, or copy, adapt, modify, distribute, license, sublicense, transmit, display, perform or otherwise exploit or access or prepare derivative works based on (or assist others to do so) our Services in any unauthorized or unlawful manner that burdens, harms or adversely affects us, our Services, systems, users or others. This includes that you may not, directly or by automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile or extract any code from our Services; (b) send or transmit any viruses or other harmful computer code through our Services or store any such code on our Services; (c) use our Services for any purpose that is not authorized by us; or (d) use our Services for any purpose that is not authorized by us. (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) obtain or attempt to obtain information from or about our users in any unauthorized manner. (f) collect information from or about our users in any unauthorized or unlawful manner; (g) sell, resell, rent or charge fees for our Services; or (h) distribute or make available our Services over a network in which they could be used by multiple devices simultaneously; or (i) develop software or APIs that function substantially like our Services and make them available for use by third parties without authorization.
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.
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 AIMO Apps Privacy Policy explains our practices with respect to data, 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 refer to our Privacy Policy for more details, which you can here find.
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.
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.
Your license to 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
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.
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 by telephone or e-mail to ceo@aimo-fit.com to notify us. We may take action with respect to your account, including deactivating or suspending your account, if you infringe the intellectual property rights of others
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 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 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, 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 assumes no liability for (i) damages resulting from the use of the movement analysis provided (ii) health problems resulting from late or incorrect treatment (iii) health problems resulting from misdiagnosis.
The above exclusion of liability does not apply in the event of intent or gross negligence, liability for personal injury, liability under the Product Liability Act and the provisions of the General Data Protection Regulation (GDPR)
Any claim you may have against us arising out of or in connection with these Terms or our Services shall be governed by German law. Conflict of laws provisions such as the UN Convention on Contracts for the International Sale of Goods are excluded.
Availability of our services
We are constantly striving to improve our services. This means that we may add or remove our services or features and support for certain devices and platforms. Our services may be interrupted, for example for maintenance, repairs, improvements or due to network or device failures. We may discontinue some or all of our services at any time, including certain features and support for certain devices and platforms, 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
Although we hope you will remain an AIMO user, you may terminate your relationship with AIMO at any time for any reason by deleting your account.
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: „6. Rights of Use“, „8. Liability and Warranty“, „7. Indemnification“, „9. Dispute Resolution“. If you believe that the termination/termination or suspension of your account was in error, write us an e-mail to support@aimo-fit.com.
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).
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 not technically feasible and therefore does not guarantee trouble-free operation or a certain availability. In particular, AIMO may restrict access - in whole or in part, temporarily or permanently - without giving reasons. Furthermore, there is no entitlement to the maintenance of individual functionalities of the app per se. 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 cost obligation for all or certain services or their partial or complete discontinuation.
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.
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 AIMO, if you do not agree to our revised 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, 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 AIMO, 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.