Please read the following terms and conditions carefully before you make use of the services from the "Felix Belau, Ivan Chernov und Tobias Feldmann, iOS Entwicklung" GbR (here and further "FIT Team"). These are our relevant general terms and conditions regarding our app "FIT Fuze" (here and further "App") and our website (here and further "Site"), and its services, functions, content and applications.
Your health is very important to us. ALWAYS consult your doctor about your athletic behaviour and training. FIT Team neither substitute your doctor, nor is responsible for your behaviour. The contents of the App and Site aren’t a help or an alternative to the information of a doctor or a pharmacy. Discontinue any exercise that causes you pain or severe discomfort and consult a medical expert. The authors of this web site, App, Site and all its content, cannot guarantee any exercise, health, weight loss or fitness results or improvements to the users of App and Site. FIT Team cannot guarantee that all executions of exercises which are shown in the App are completely correct. FIT Team is not responsible for injuries which are occurred through User’s wrong executions of exercises.
With the confirmation of these General Terms and Conditions, you confirm that you are solely responsible for your state of health.
1. Validity of the General Terms and Condition
FIT Team offers the mobile app on the basis of these General Terms and Conditions. By using, the user consents to the validity of FIT Team’ General Terms and Conditions.
The use of the complete spectrum of FIT Team’ products and services shall be possible without explicit consent to these General Terms and Conditions.
FIT Team reserves the right to amend these General Terms and Conditions at any time. Following such amendment, the continued use of FIT Team’ offering by any registered user is subject to such user's consent to such amended terms and conditions. At any time, the then-current version of the General Terms and Conditions is available for viewing on the FIT Team website.
2. Subject of the Agreement/Registration/Termination
FIT Team operates a Site as well as app aiming to offer services and information in the field of sports, fitness, nutrition and health to its users. The App can be used both isolated on the smartphone as well as in connection with the smartwatch.
Limitation: The service is only available to users of smartphones. Only the basic functionality of the application is available for free. Only persons legally capable to enter into agreements on their own behalf shall be permitted to use products of FIT Team. Minors use of FIT Team’ products is subject to the explicit consent of their parents or legal guardians. A written consent shall be sent by email to firstname.lastname@example.org.
By using Website and App, the user confirms its knowledge and the unlimited recognition of the content of these General Terms and Conditions.
All users are offered a free use of the App, where all features but only several basic Plans are available. All users can upgrade their free membership by buying one of the offered paid Training Plans (here and further “Plans”) that unlocks training instructions for unlimited time. The fees for the Plans are binding. Payments for the entire term of a Plans shall be due immediately upon invoicing. Payment can be made using the available online payment systems. If FIT Team is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. FIT Team may change the price for the Plans from time to time. Additionally, FIT Team reserves the right to change the Plans for important reasons. Purchased Plans could not be returned or refunded one the payment for them is cleared.
FIT Team reserves the right to collect non-personal identification information about users whenever they interact with App and/or Website. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to Website, such as the operating system and the Internet service providers utilised and other similar information. FIT Team may use this information you provide to improve it’s products and services.
4. Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5. Disclaimer of Warranties
The Website and App are provided “as is”. FIT Team hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. FIT Team does not make any warranty that the Website and/or App will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website or App at your own discretion and risk. The use of any software or hardware offered by FIT Team is no substitute for the consultation by the user of a specialised doctor.
6. Limitation of Liability
In no event will FIT Team be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (I) any special, incidental or consequential damages; (II) the cost of procurement or substitute products or services; (III) for interruption of use or loss or corruption of data; or (IV) for any amounts that exceed the fees paid by you to FIT Team under this agreement. FIT Team shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. In the event of slight negligence, FIT Team shall not be liable to other businesses and shall be liable to consumers only for personal damages FIT Team shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
7. Medical Agreement
The fitness and related information and recommendations provided by FIT Team are for educational purposes only and are not intended as substitutes for medical advice from your health care provider. FIT Team is not a medical organisation. We encourage and advise you to seek professional medical advice before beginning any fitness effort or program. Do not start a fitness routine with App if your health care provider advises against it. We cannot provide you with medical advice or diagnosis. Nothing that you may read on this site or that is otherwise provided to you by our App should be construed as such advice or diagnosis. Such information is not a substitute for physician consultation, evaluation, or treatment. This Site is intended for use only by healthy adult individuals.
In starting the use of App you affirm that either (A) all of the following statements are true: (I) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (II) you have never felt chest pain when engaging in physical activity; (III) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (IV) you have never lost your balance because of dizziness and you have never lost consciousness; (V) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (VI) your physician is not currently prescribing drugs for your blood pressure or heart condition; (VII) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (VIII) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of FIT Team’ services.
And if you are a woman, in becoming a member with the intent of using the sites you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of FIT Team’ services.
You are advised that health and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the service will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
8. Copyright and Rights of Use
The content provided by FIT Team is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
FIT Team reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this agreement constitutes acceptance of those changes. FIT Team may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify and hold harmless FIT Team, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the App and/or Website, including but not limited to your violation of this Agreement.
11. Applicable Law
These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website and App or with any purchases on the Website and App shall be governed by German law subject only to the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.
Place of delivery and exclusive court of jurisdiction shall be Munich, Germany.