To use the „AIMO fit“ app“
April 27, 2022
AIMO™ creates a new standard for the objective assessment of your current movement skills and connects you with personal trainers and other experts to improve your fitness and optimize your lifestyle.
The central element is the analysis of your movement skills with the AIMO™ movement scan. The quantitative part of the scan results is the AIMO™ Movement Score. It is a practical and objective measurement and can be used by all participants in the AIMO ecosystem. As a qualitative scan result, you receive information on the identified evasive movements.
You can share your scan results and other data with a personal trainer or insurance broker. All data belongs exclusively to you. You decide yourself at any time whether and which data you share with whom.
Our Terms of Use constitute 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 AIMO™ Terms of Use carefully before registering and using the AIMO™ App (hereinafter referred to as the „App“).
In our separate privacy policy, we explain what information we collect and how we use it and what choices you have in this regard, such as managing your privacy settings or your right to access the information we have stored about you.
In order to open a user account and use the AIMO™ 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 must not use (or assist others to use) 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 other proprietary rights) other proprietary rights); (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.
The app is currently only intended for use in Germany, Austria, Luxembourg and Switzerland. If you live in another country, you can use the app, but we may not offer you the full service, such as the insurance service.
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.
The following factors, among others, are important for the proper functioning of the AIMO™ scan:
With the exception of the functions for experts, AIMO™ 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. Consumers are expressly prohibited from using AIMO™ for commercial or other commercial purposes.
AIMO™ is a fitness app that aims to make its users aware of their exercise potential to help them lead an active life in everyday life, sport and work. We motivate people to improve their fitness on their own and together with experts.
To make it as easy as possible for you to get started with the AIMO™ app, you can initially test AIMO™ for 7 days free of charge. Please note that you must choose one of the following subscription models:
All variants can be canceled at any time. After you cancel, your subscription will be terminated at the end of the respective term. You can also cancel before the end of the trial period. In this case, you use the AIMO™ app completely free of charge and without risk.
Please note that aids or training equipment (such as fitness equipment) may be required for the full use of some AIMO™ basic exercises. These are not part of the AIMO™ services and may have to be purchased or provided by you separately and at your own expense.
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.
Our app is not a medical device. The app only offers you the opportunity to determine your AIMO™ Movement Score with the AIMO™ Movement Scan. You can find more information on this under 5.2.
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.
The use of AIMO™ services is at your own risk.
This product 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
The services and information provided by AIMO™ and the AIMO™ services are neither medical advice nor medical advice. They are also not a substitute for a medical examination or treatment.
Fitness advice and coaching is subject to constantly evolving health, training and sports science findings. Even if we base our basic exercises on current studies and findings, we cannot guarantee that they correspond to the latest research results or findings.
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™ app from the App Store or Google Play. You can then install the AIMO™ app on your device and create your user account.
Once you have completed the registration process, you have the option of either accepting or rejecting an expert. When accepting the respective expert, you give your consent via the AIMO™ app for your contact details to be shared with the respective expert. They can then contact you. After acceptance, you can see this expert at any time under the „Experts“ section. There you can contact him/her, share your data for optimal advice or delete the expert again.
Based on movements such as an overhead deep squat, fitness experts can identify potential weaknesses in the movement sequences. These weaknesses can have various causes.
AIMO™ uses a specially developed artificial intelligence (AI) to determine movement skills using a digitized method based on expert opinions and data models. AIMO™ evaluates the statistical deviation of your movement sequence from an optimal movement. This optimal movement is derived from a combination of statistical data, the opinions of experts and established standards. When you use the AIMO™ app, you will be asked to perform a movement, usually an overhead squat. This movement is recorded in a video. AIMO™'s artificial intelligence analyzes this video and then determines evasive movements. Evasive movements, as defined by AIMO™, are your (largest) deviations from the optimal movement during the execution of the movement. AIMO™ recognizes certain joints of your body during the entire time you are performing the movement. AIMO™ 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.
AIMO itself does not make any decisions based on your AIMO™ movement score determined by artificial intelligence. We only provide automated suggestions for exercises that can help you to reduce any deviations. We also recommend experts we work with who can help you achieve your goals. If you choose to share your data with one of these experts, you should be aware that they may make decisions based on your AIMO™ Movement Score. If you agree to make your data available to an expert, we ask that you inform the expert in advance whether and how the data will be used to make a decision.
Based on the evasive movements determined for you, AIMO™ puts together training exercises for you, which you can use to train alone or together with your personal trainer.
These recommendations are designed to be easy to integrate into your existing training routine. The aim of the training exercises is to enable you to work on your evasive movements in a targeted manner and with as little effort as possible, thereby improving your AIMO™ movement score.
If you would like to do more or more strenuous exercises, you can share your data with your personal trainer via AIMO™ and receive individual advice.
Your safety is our top priority. Therefore, AIMO™ will ask you if you are currently in pain. As a general rule, you should not perform the AIMO™ movement scan and the AIMO™ training exercises if you are currently in pain. AIMO™ will also draw your attention to this within the app shortly before the scan with the following message
„You have indicated that you are in pain. You can only have the scan if you are fit and not in pain. Talk to your doctor first if you are unsure.“
In addition, AIMO™ asks you after each scan whether you were in pain during the movement.
In the profile settings you can:
We offer our service for data exchange with an expert to you and an expert (hereinafter: „data exchange service“).
To use the data exchange service, you can choose to share your personal profile, the scan results of the motion analysis with an expert of your choice on a voluntary basis. You are responsible for the accuracy of the allocation of the scan results. The expert will only find out about your data if you actively and voluntarily use this option yourself.
The experts can activate suggestions for you via the AIMO™ app. You will then find these in the menu item „Suggestions“.
The data exchange service of the AIMO™ app can also be used in connection with insurance policies. For example, in order to have the insurability of individual products checked anonymously in advance, you can answer the health questions of the respective insurance product via the AIMO™ app at any time and from anywhere and share them in pseudonymized form with your insurance expert. The risk pre-enquiry is based on the answers to the health questions, as well as your profession, type of sport, year of birth, height and weight. Your AIMO™ movement score or your evasive movements are expressly not taken into account. You are responsible for answering the health questions truthfully. Your insurance expert will only have access to your pseudonymized data if you actively and voluntarily use this option yourself.
You then have the opportunity to select insurance products via the app in connection with a consultation with your insurance expert and prepare an application for insurance cover, which you can then forward.
Your insurance expert will provide personal advice on the insurance products and select the products that are suitable for you. AIMO™ merely provides the services so that you can submit your information and, if applicable, your application for insurance cover and your insurance expert can recommend products to you.
Your insurance expert, whom you entrust with this task, is solely responsible for selecting the products. The insurer offering the product is responsible for the product itself.
Under no circumstances does AIMO™ act as an employed insurance intermediary, exclusive agent according to § 84 HGB, multiple agent or insurance broker. AIMO™ does not receive any commission or brokerage for successfully concluded insurance contracts.
If you are an insurance intermediary (employed insurance intermediary, exclusive agent according to § 84 HGB, multiple agent, insurance broker), you also have the option of inviting your customers to download the app and analyze their movement skills.
If a customer shares his/her personal profile, the scan results of the AIMO™ motion scan and/or the presentation of his/her everyday risks with you, you can give him/her the best possible advice based on this information and suggest suitable insurance products to the customer.
You can activate the proposed insurance products for your customer directly via the app. The customer then has the option of completing the product-specific health questions stored in the app under „Suggestions“ for an application for insurance cover. The customer can share the answers to the health questions directly with you in pseudonymized form via the AIMO™ app for the anonymized preliminary risk inquiry. Only you can assign the documents to your customer via the AIMO ID. Personal data such as the date of birth is replaced by the year of birth.
To improve your movement skills and fitness, you can use AIMO™ together with your personal trainer. To use the fitness service, you can voluntarily share the scan results of the AIMO™ movement scan and your personal profile with a personal trainer of your choice.
To do this, you must accept the personal trainer stored in the app under „Experts“ as a contact. Before making contact, you have the option of sharing the scan results of the AIMO™ movement scan and your selected profile data with your personal trainer for an even more personalized consultation. The personal trainer will only find out about your data if you actively and independently share it.
You then have the option of receiving fitness services (e.g. training recommendations) or fitness products via the app in conjunction with a personal consultation with your personal trainer.
Your personal trainer will provide personal advice and select the products that are right for you. If you contact your personal trainer in connection with AIMO™, i.e. you have either been invited to the AIMO™ app by your personal trainer or you have found your personal trainer via the AIMO™ app, you are entitled to a free consultation based on your AIMO™ scan results.
AIMO™ only provides the services so that you can transmit your information to your personal trainer and your personal trainer can recommend individual services or products to you. Your personal trainer is responsible for the duration and quality of the consultation.
You have the opportunity to rate the advice given by your personal trainer via the AIMO™ app. You are responsible for the content of the review. Please note that you may only provide true information about your ratings.
If you are a personal trainer, you have the option of inviting your clients to download the app and find out their fitness status. You can also be found by a potential client using your personal access code within the AIMO™ app. If a customer shares their personal profile and the scan results of the AIMO™ movement scan with you, you can coordinate an individual workout with your customer or recommend targeted fitness products based on the scan results. The customer then has the option of training with you or alone via the AIMO™ app.
You also undertake to provide your customer with a free consultation based on their scan results after they have contacted you via AIMO™, i.e. if you have either been invited to the AIMO™ app by your customer or you have invited your customer via the AIMO™ app. You are responsible for the duration and quality of the consultation. Your customer has the opportunity to rate their satisfaction with your consultation via the AIMO™ app.
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 AIMO™ 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 in detail, which you can find here.
AIMO™ does not claim ownership of the information and data you submit or generate for your AIMO™ Account or through our Services. You must have the necessary rights with respect to such information submitted by you for your AIMO™ Account or through our Services and the right to grant the rights and licenses under our Terms.
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.
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.
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.
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 costs of litigation) 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 it as a result of your use of our Services.
You must report any alleged infringement of copyright, trademark or other intellectual property rights of third parties to us immediately by telephone or email to support@aimo-fit.com. 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 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 assumes no liability for (i) damages caused by the use of the provided AIMO™ movement scan (ii) health problems caused by incorrect execution of the provided basic exercises.
Furthermore, AIMO™ expressly assumes no liability for (a) incorrect needs analyses of potential policyholders (b) incorrect product advice, recommendations and product presentations by insurance intermediaries and insurance companies (c) the performance of insurance products sold, in particular in connection with the performance review and the amount of payments promised and actually made (d) the accuracy of the information provided by the policyholder in the application for insurance cover, in particular with regard to personal details, health questions and the AIMO™ motion scan.
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).
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.
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 dispute resolution proceedings before a consumer arbitration board. You can find our e-mail address in the legal notice.
Although we hope that you will remain an AIMO™ user, you can terminate your relationship with AIMO™ 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™: „9. Rights of Use“, „11. Liability and Warranty“, „10. Indemnification“, „14. Dispute Resolution“. If you believe that the termination/termination or suspension of your account was in error, please contact us at support@aimo-fit.com.
Unless an agreement signed between you and us provides otherwise, 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).
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 amended 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.
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.
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.
The contract language is German.
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.
AIMO GmbH
Obere Gänsweide 5
73770 Denkendorf
Germany
E-mail: danny.dressler(at)aimo-fit.com
Managing Director: Danny Dressler
Registered at Stuttgart Local Court HRB: 765708
Value added tax - ID: DE320136226
You can view these General Terms and Conditions at https://aimo-fit.com/nutzungsbedingungen. If you wish to save these General Terms and Conditions permanently on a data carrier, you can download them free of charge as a pdf file from the following link. Please consult the instructions of your browser software if you need help with saving. To open a pdf file, you may need a special program such as the free Acrobat Reader or a comparable program that can handle pdf files.