Terms of Use

of the Gaia Nutrition GmbH & Co. KG, Im Gehölz 11, 20255 Hamburg, Germany, Commercial Register No. HRA 122425 - in the following referred to as the ‘Provider’

Warning

Using the meal plans and workout plans of the app requires you to be healthy. You may not use the meal plans and/or workout plans without a medical doctor’s consultation should you suffer from cardiovascular disease, dizziness, lung disease, musculoskeletal disorders, diabetes, other serious illnesses and / or pregnancy. You are required to warm up before doing any exercise from the workout plans. Furthermore the exercises are to be done slowly and carefully. Nevertheless there are risks of injury in any sports activity that cannot be prevented completely.

When using the app the customer must review the recommendations given therein before using them to a reasonable extent. In particular the user is obliged to check the recipes in the meal plan for ingredients to which he is allergic.

I. Scope of Application, General

(1) These terms of use apply for the Gaia Nutrition GmbH & Co. KG, Im Gehölz 11, 22025 Hamburg, Germany (in the following referred to as the ‘Provider’) and the users (also referred to as customer) of the following websites and smartphone apps provided by the Provider:
a) App "Breakletics" and https://breakletics.create.gaia-nutrition.de/program/bl_12 or https://breakletics.create.gaia-nutrition.de/program/bl_6
b) App "Perfect Man" and https://perfect-man-transformation.de
c) App "I AM STRONGER Ernährungscoach" and https://i-am-stronger.create.gaia-nutrition.de/program/ernaehrungscoach
d) App "Perform United" and https://perform-united.create.gaia-nutrition.de/program/bodyweight or https://perform-united.create.gaia-nutrition.de/program/gym
e) App "Bodyformus Transformation" and https://bodyformus.create.gaia-nutrition.de/program/gym4weeks or https://bodyformus.create.gaia-nutrition.de/program/gym12weeks or https://bodyformus.create.gaia-nutrition.de/program/bodyweight4weeks or https://bodyformus.create.gaia-nutrition.de/program/bodyweight12weeks
f) App "Vegains" and https://vegains.create.gaia-nutrition.de/program/vegains
g) App "Läuft by Flooorrriii" and https://flori.create.gaia-nutrition.de/program/laufcoach_beginner or https://flori.create.gaia-nutrition.de/program/laufcoach_advanced or https://flori.create.gaia-nutrition.de/program/ernaehrungscoach
h) App "Naturalou Ernährungsplan" and https://naturalou.create.gaia-nutrition.de/program/einsteiger_challenge_b or https://naturalou.create.gaia-nutrition.de/program/ernaehrungsplan
i) App "Kaz Vibes PRO" and https://kaz.create.gaia-nutrition.de/program/kazvibes
j) App "Laura Sagra PRO" and https://laurasagra.create.gaia-nutrition.de/program/laurasagra
k) App "FitCoach PRO" and https://fitcoach.create.gaia-nutrition.de/program/fitcoach
l) App "LuCoaching PRO" and https://lucoaching.create.gaia-nutrition.de/program/lucoaching
m) App "Bahayogi PRO" and https://bahayogi.create.gaia-nutrition.de/program/bahayogi
n) App "Andrew 7 Sealy PRO" and https://andrewsealy.create.gaia-nutrition.de/program/andrewsealy
o) App "Uzoma PRO" and https://uzoma.create.gaia-nutrition.de/program/uzoma

(2) Differing or supplementary general terms and conditions of the customer shall only apply if the provider has agreed to their validity in writing.

I. Provided Service, System Requirements

(1) The apps referred to in section I. are paid mobile device programs (apps) that provide the user with meal plans and workout plans in the form of texts, images and videos during the contract period. The apps do not serve for medical diagnosis or assistance in the treatment of diseases.

(2) The App and the websites can be used daily between 4.00 a.m. and 2.00 a.m. (MEZ).

(3) The nature of the Provider’s apps and the websites conclusively result from the description of each app, which can be accessed at respective website mentioned in section I.. These descriptions do not serve as guarantees of the respective app’s functionality.

(4) The Provider may edit or adjust the websites at any time. The provider is entitled to update the apps provided the update is reasonable for the user while taking into account the interests of the provider. Updates are always considered reasonable if they are exclusively of technical nature (e.g. bug fixes, updates to ensure the compatibility with updates on the mobile device’s operation system, additional features, etc.). The user’s warranty rights according to X. remain unaffected.

(5) In order to use the app a mobile device with the operating system iOS 9.0 (or higher) or Android 6.0 (or higher) is required. Additionally, it is required to have at least 500 MB storage space available on the device. The app requires a constant connection to the Internet. Connection fees that may accrue are borne by the user.

(6) The app can only be used if it is downloaded onto a mobile device (as to section III.), the user has registered on the respective website (as to section I. (1)) and the customer has paid the app’s licensing fee for the contract period (as to section IV.).

III. Downloading the Apps

The apps can be downloaded through the following links:
Perfect Man:
https://itunes.apple.com/de/app/perfect-man/id1216656550?ls=1&mt=8
https://play.google.com/store/apps/details?id=de.gaia_nutrition.hercules.theperfectman
Breakletics:
https://itunes.apple.com/de/app/breakletics/id1206897047?ls=1&mt=8
https://play.google.com/store/apps/details?id=de.gaia_nutrition.hercules.breakletics
I Am Stronger:
https://itunes.apple.com/de/app/i-am-stronger-ern%C3%A4hrungscoach/id1291777833?l=de&ls=1&mt=8
https://play.google.com/store/apps/details?id=de.gaia_nutrition.hercules.stefanialou
Perform United:
https://itunes.apple.com/us/app/perform-united/id1309530497?l=de&ls=1&mt=8
https://play.google.com/store/apps/details?id=de.gaia_nutrition.hercules.perform_united
Bodyformus Transformation:
https://itunes.apple.com/us/app/bodyformus-transformation/id1324958463?l=de&ls=1&mt=8
https://play.google.com/store/apps/details?id=de.gaia_nutrition.hercules.bodyformus
Vegains:
https://itunes.apple.com/us/app/vegains/id1372127161?l=de&ls=1&mt=8
https://play.google.com/store/apps/details?id=de.gaia_nutrition.hercules.vegains
Läuft by Flooorrriii:
https://itunes.apple.com/us/app/l%C3%A4uft-by-flooorrriii/id1396440611?l=de&ls=1&mt=8
https://play.google.com/store/apps/details?id=de.gaia_nutrition.hercules.flori
Naturalou Ernährungsplan:
https://itunes.apple.com/us/app/naturalou-ern%C3%A4hrungsplan/id1411859746?l=de&ls=1&mt=8
https://play.google.com/store/apps/details?id=de.gaia_nutrition.hercules.naturalou Kaz Vibes PRO:
https://itunes.apple.com/us/app/kaz-vibes/id1416569109?ls=1&mt=8
https://play.google.com/store/apps/details?id=de.gaia_nutrition.hercules.kaz
Laura Sagra PRO:
https://itunes.apple.com/us/app/laura-sagra/id1423596094?ls=1&mt=8
https://play.google.com/store/apps/details?id=de.gaia_nutrition.hercules.laurasagra
FitCoach PRO:
https://itunes.apple.com/us/app/fitcoach/id1434812579?ls=1&mt=8
https://play.google.com/store/apps/details?id=de.gaia_nutrition.hercules.fitcoach
LuCoaching PRO:
https://itunes.apple.com/us/app/lucoaching/id1436470832?ls=1&mt=8
https://play.google.com/store/apps/details?id=de.gaia_nutrition.hercules.fitcoach
Bahayogi PRO:
https://itunes.apple.com/us/app/bahayogi/id1436570563?ls=1&mt=8
https://play.google.com/store/apps/details?id=de.gaia_nutrition.hercules.bahayogi
Andrew 7 Sealy PRO:
https://itunes.apple.com/us/app/andrewsealy/id1436570342?ls=1&mt=8
https://play.google.com/store/apps/details?id=de.gaia_nutrition.hercules.andrewsealy
Uzoma PRO:
https://itunes.apple.com/us/app/uzoma/id1436570456?ls=1&mt=8
https://play.google.com/store/apps/details?id=de.gaia_nutrition.hercules.uzoma

IV. Licensing the App, Order Process

(1) The user can exclusively order the rights of use for the app through the respective website as to section I. (1). The offer provided on the website is not binding. Only the order by the user is a binding contractual offer.

(2) In the beginning of the order the customer can enter additional personal information, which can be checked by clicking on the button ‘calculate now’. This information can be edited by clicking on the ‘back’ button. After clicking on the ‘view cart’ button the customer can enter his e-mail address and password and select a payment method. The user is able to choose between several contract periods. The user can check and edit the entered information before completing the purchase. The order can be canceled by simply closing the respective browser window. By clicking on the button ‘pay now’ the customer submits an offer.

(3) After the offer is submitted the Provider will send an order confirmation to the user by e-mail. By sending out the order confirmation the contract between the Provider and the user is concluded.

(4) The contractual agreement and these terms of use will be saved by the Provider and sent to the user by e-mail. The contractual agreement will also be included in the app and can be accessed in the settings section at any time.

V. Login to the App

(1) After the payment according to VI. is received the user can use the app. The first time the user logs into the app he needs to enter his e-mail address and password as to IV. (2).

(2) In the app the user can change his login information (e-mail address and password) at any time.

VI. Pricing, Payment

(1) All prices (in the following referred to as ‘Payment’) on the websites in section I. (1) include the local sales tax.

(2) If the product was licensed for a fixed term the Payment is due and needs to be paid with the conclusion of the contract. For contracts with an indefinite term the payment for the first payment period will be due and must be paid with the conclusion of the contract. For the following payment periods is due in advance on the first day of the respective payment period.

(3) The user can choose between the following payment methods: Credit Card & PayPal. All payments will be processed by the payment service provider Stripe or Paypal or any other payment service provider chosen by the Provider. For the payment process the terms of the payment providers apply.

VII. Contract Period, Cancellation

(1) The contract period for which the customer can use the app depends on the chosen contract period. If not specified otherwise there will be the option to choose between the following contract periods: 30 days or 4, 6, 12 and 24 weeks or contracts for an indefinite term.

(1) For contracts with a fixed contract term the contract is automatically terminated with the expiration its contract period. For contracts with an indefinite term the customer can choose contracts with a minimum term of one month (30 days), 3 months (90 days) or 12 months (365 days). After the expiration of the respective term the contract term will automatically be renewed for another equal term unless it is canceled 14 days in advance to the expiration of the contract period. The right to cancel the contract without notice for good cause remains unaffected.

(2) All cancelations are required to be sent to the Provider in writing (e-mail is sufficient).

VIII. Unavailability of the Service

Should the provider not be able to provide the services or product for an unforeseeable time due to force majeure he will inform the user immediately. The Provider reserves the right to cancel the contract and refund the users payment. The user’s rights according to X. and XI. as well as the Providers lawful rights (e.g. § 275 BGB) remain unaffected.

IX. Rights of use

(1) After the Payment according to VI. the Provider grants the user the worldwide and non-exclusive right to use the app for the contract period. The user is forbidden to provide the app to a third person or sublicense the app or its content. The rights of use include the right to download the app and install it on two mobile devices. The user is not permitted to duplicate the app or its content or make it publically available.

(2) The user is not permitted to make his password publically available, sublicense it or provide it to any third party.

X. Warranty

Warranty rights apply according to the applicable law. The user is obligated to immediately inform the provider in writing of any defects in the app after discovery.

XI. Limitation of Liability

(1) The Provider shall be liable without limitation in the case of prejudice or gross negligence, for damages resulting from injury to life and damages to health according to the provisions of the applicable product liability law.

(2) As subject to a milder standard of liability according to statutory provisions, the liability of the provider is limited to foreseeable typically occurring damage in the case of a slightly negligent breach of a material contractual obligation. Essential are those contractual obligations, which makes the proper execution of the contract possible.

(3) Other than this the Provider shall not be liable. The Provider shall not be liable for defects in the app, which are not caused by the Provider. § 536 a Abs. 1 Var. 1 BGB is not applicable. The user’s right to cancel the contract without notice remains unaffected.

(4) These limitations of liability also apply to breaches of duty by persons whose fault the Provider is responsible for under statutory provisions.

XII. Data Protection

(1) The data protection regulations can be found in our privacy policy at: https://api.gaia-nutrition.de/static/privacy

XIII. Applicalbe Law, Court of Jurisdiction, Dispute Resolution

(1) German law applies for this agreement. Compulsory consumer protection regulations of a foreign state remain unaffected if a user has his habitual residence in that state.

(2) If the user is a merchant or a legal entity under public law the court of jurisdiction for any disputes in respect to this agreement shall be Hamburg, Germany.

(3) The online dispute resolution platform (also known as OS platform) can be reached through the following link: http://ec.europa.eu/consumers/odr. It is a point of contact for consumers wishing to settle disputes arising out of a contract concluded on the Internet out of court.

(4) The provider will not carry out any dispute settlement procedure according to § 36 Consumer Dispute Settlement Act (VSBG).

(5) Notwithstanding the foregoing, these terms prevail over local applicable customer protection laws only as permitted by laws.

Terms of Use: October 2017

Cancellation Policy

The following right to withdraw from the contract applies:

Cancellation Policy and Right to Withdraw:

You have the right to withdraw from this contract within seven days after its conclusion without providing any reasons. To make use of your right to withdraw you are required inform us (Gaia Nutrition GmbH & Co. KG, Im Gehölz 11, 20255 Hamburg, Germany, +4917630435195, cancellation@gaia-nutrition.de) that you have chosen to withdraw from the contract. In order to do so you may use the provided template below. In order to secure your right to withdraw it is sufficient to send out the notification of your withdraw before the expiration of the withdrawal period.

Consequences of the Withdrawal:

If you withdraw from this agreement we shall reimburse you for any payments we have received from you including delivery charges promptly and at the latest within fourteen days from the date on which we receive notice of your withdrawal from this agreement. For the refund we will use the same payment method you have chosen to pay for the services. No fees will apply.

Special Terms for Premature Termination of the Right of Withdrawal:

Your right to withdraw from a contract for non-physical goods (e.g. apps) becomes invalid once we have started providing our services and under the condition that you have explicitly accepted that we may provide our services before the expiration of the withdrawal period and we have informed you that your right to withdraw from the contract becomes invalid by doing so (§ 356 Abs. 5 BGB).

Template

(If you wish to withdraw from the contract please fill in the template below and send it to us.)

–To
Gaia Nutrition GmbH & Co. KG
Im Gehölz 11
22025 Hamburg
Germany
+4917630435195
E-Mail: cancellation@gaia-nutrition.de

–Hereby I withdraw (*) the contract for (*)
–Ordered on the (*)
–Name: (*)
–Address: (*)
–Signature (only if sent by post)
–Date: (*)

(*) Please fill in your details.