General Terms and Conditions for the Use of MyFitCoach

1. Scope

1.1 These terms and conditions apply to the contracts for the use of our MyFitCoach app concluded between you and us, MyFitCoach GmbH, Marie-Jahn-Straße 20, 30177 Hannover.

1.2 The language available for the conclusion of the contract is exclusively German. If translations of these terms and conditions are made available in other languages, these are for your information only. In case of any differences between the language versions, the German text takes precedence.

2. Subject of the Contract

2.1 To use the MyFitCoach app, you must first register and create a user account. You can create a user account either directly online at our websites, www.myfitcoach.de and www.myfitcoach.app, or through the MyFitCoach app. As part of the registration process, you will be required to accept our Terms and Conditions and Privacy Policy.

2.2 You have the option to purchase the MyFitCoach app through our website, the online platform Digistore24, the Apple App Store, or the Google Play Store. The user agreement between you and us is concluded when you click on the "Confirm Payment" button or a similar button on the website. For Digistore24, the user agreement is concluded when you click on the "Confirm Payment" button or a comparable button. In the MyFitCoach app, the user agreement is concluded when you make an in-app purchase by clicking on the "Buy Now" button or a similar button and entering your password for the respective app store, if required. Additionally, we refer to the Terms and Conditions of the respective app store.

3. Training, Nutrition, and Health Advice

3.1 The use of MyFitCoach services is at your own risk and you are responsible for your own health. We are not a medical facility and do not provide medical advice or diagnoses. The purpose of the services is merely to assist you and other users in achieving their bodybuilding and fitness goals. This assistance is provided through suggestions regarding training, nutrition, and recovery. In addition, we provide you with the opportunity to record your training, nutrition, and body data in the app. A prerequisite for using the MyFitCoach app is always a good general state of health. For female athletes, it is also important to note that the nutrition and training coaching we offer should not be used by pregnant or breastfeeding mothers.

3.2 Always consult with a doctor before starting to implement a diet or training plan from us, or if you experience pain or other discomfort during the process.

3.3 Our services are only intended for healthy adults. Please do not use our services if you suffer or could suffer from a disease that could be exacerbated by certain dietary practices or training.

3.4 The development of the MyFitCoach app and the nutritional and training recommendations it provides are strongly based on current studies in nutrition and sports science. However, we do not guarantee that they correspond to the latest study results or findings.

3.5 Please note that to fully utilize the coaching, training equipment or other tools (e.g., fitness equipment, dumbbells, etc.) are required. It is your responsibility to ensure the proper functioning of any device or tool (e.g., a machine or barbell) used.

4. Usage Rights

4.1 The services we offer contain copyrighted or otherwise protected content, for which we hold the corresponding rights. We only grant you the non-exclusive, non-transferable right, limited in time to the duration of the contract concluded with us, to download, install, and use the MyFitCoach app in accordance with the restrictions of these General Terms and Conditions. You do not receive any additional rights to the MyFitCoach app or the software applications on which it is based. In particular, no ownership rights to the MyFitCoach app are transferred to you by the provisions of these General Terms and Conditions.

4.2 You may not modify, adapt, supplement, decompile, reverse engineer, or otherwise render the MyFitCoach app perceptible in any form, in particular, you may not attempt to unlock or bypass any initialization system, encryption procedure, or copy protection device contained therein, nor may you commission third parties to carry out such operations. Decompiling the source code is only permitted to you in the cases of § 69 e para. 1, para. 2 UrhG (German Copyright Act).

4.3 The user is not entitled to use the MyFitCoach app beyond the use permitted in these General Terms and Conditions or to allow it to be used by third parties, or to make it accessible to third parties in the original or in the form of complete or partial copies without our express written consent.

4.4 You are not allowed to reproduce, sell or temporarily transfer the MyFitCoach app or parts of it without our written consent. This does not include your right to make a backup copy of the software provided to you by a person authorized to do so under § 69 d para. 2 UrhG (German Copyright Act). In this case, you must visibly attach the note"backup copy" and a copyright notice from us on the created backup copy.

4.5 You are not entitled to transfer the rights granted to you by the General Terms and Conditions to third parties or to grant third parties corresponding usage rights to the MyFitCoach app provided to you or the backup copies you have created.

5. Your Obligations

5.1 You are obligated to take appropriate precautions to protect the MyFitCoach app from unauthorized third-party access, in particular, to store all copies of the software and all identification and authentication measures, especially passwords or usernames assigned to you by us, in a secure location and not to pass them on to unauthorized third parties.

5.2 You are obligated to maintain unaltered the protective notices contained in the MyFitCoach app, such as trademarks, copyright, or ownership notices, and to include them in all complete or partial copies of the machine-readable software produced by the user in their unaltered form.

5.3 You may not misuse the MyFitCoach app or allow it to be misused, especially not for content that is illegal or immoral, serves to incite hatred, leads to criminal offenses, glorifies or trivializes violence, is suitable for morally or seriously endangering children or young people, or impairing their welfare, or could damage our reputation.

5.4 You may not use any legally protected content, for example, protected by copyright, trademark law, patent law, utility model law, or design law, in connection with the MyFitCoach app without being authorized to do so.

5.5 You must indemnify us from all claims by third parties that are based on your unlawful use of the software. You are obligated to cover all costs of the legal defense required by us as a result and to compensate us for any further damage that we incur from claims by third parties.

5.6 We are entitled to block access to the MyFitCoach app in the event of your unlawful breach of any of the obligations set out in these General Terms and Conditions. Access will only be restored once the breach of duty has ended, all resulting consequences have been eliminated, and the risk of repetition has been eliminated by submitting a cease-and-desist declaration subject to penalty to us.

6. Payment Terms

6.1 The current prices for the subscription model selected in section 7.1, as well as the payment terms, can be found in the download options in the respective app store, online platform, or website. All stated prices include the applicable sales tax.

6.2 The user is obliged to pay all arising costs if a due fee cannot be collected from a bank account specified by him. We reserve the right to assert further claims for late payment.

7. Term and Termination

7.1 The agreement is concluded based on the offer you selected for a term of one, three, six, or twelve months. At the end of the respective term, the agreement is automatically renewed for the same period unless it is terminated by either you or us at least 24 hours before the end of the term.

7.2 Termination must be submitted by you either by making the appropriate settings on the website www.digistore24.de, www.stripe.com, or by email to support@myfitcoach.de. In-app agreements must be terminated in the settings of the respective app store.

7.3 We are entitled to terminate the usage contract without giving reasons with a notice period of two weeks in text form, but not earlier than the end of the minimum term or the respective extension period of your subscription.

8. Right of Withdrawal

In some countries, you have a statutory right of revocation, such as throughout the European Union. Whether this is the case, you can find out, for example, in the terms of use of the respective store provider. Please inform yourself there to what extent such rights apply to you. In the United States of America, for example, you do not have a right of revocation.

Insofar as you have a statutory right of revocation, we inform you in the appendix how you can assert it, and what a revocation means for you.

5. Your Obligations

6. Payment Terms

6.2 The user is obliged to pay all arising costs if a due fee cannot be collected from a bank account specified by him. We reserve the right to assert further claims for late payment.

7. Term and Termination

7.1 The agreement is concluded based on the offer you selected for a term of one, three, six, or twelve months. At the end of the respective term, the agreement is automatically renewed for the same period unless terminated by either you or us at least 24 hours before the end of the term.

7.2 The cancellation must be made by you either by adjusting the appropriate setting on the website www.digistore24.de, www.stripe.com, or by emailing support@myfitcoach.de. In-app subscriptions must be canceled in the settings of the respective app store.

8. Right of Withdrawal

Insofar as you have a statutory right of revocation, we inform you in the appendix how you can assert it, and what a revocation means for you.

Appendix

CANCELLATION POLICY

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us, MyFitCoach GmbH, Marie-Jahn-Straße 20, 30177 Hannover, support@myfitcoach.de, by means of a clear statement (e.g., a letter sent by post or e-mail) about your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we must refund you all payments we have received from you immediately and at the latest within fourteen days from the day we received your notice of withdrawal from this contract. For the refund, we will use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.

The right to withdraw from the purchase of coaching expires once we have begun execution of the contract, i.e., providing the coaching content in the MyFitCoach app, after you have expressly agreed that we begin the execution of the contract before the end of the withdrawal period, and you have confirmed your awareness that by your consent at the beginning of the execution of the contract, you lose your right of withdrawal.

Template for Withdrawal Form

(If you wish to withdraw from the contract, please fill in this form and send it back.)

To: support@myfitcoach.de

To: MyFitCoach GmbH, Marie-Jahn-Straße 20, 30177 Hannover

— I/we (*) hereby withdraw from the contract I/we (*) concluded for the purchase of the following goods (*)/ the provision of the following service (*):

über den Kauf der folgenden Waren (*)/ die Erbringung der folgenden

Dienstleistung (*):

— Ordered on (*)/received on (*):

— Name of consumer(s):

— Address of consumer(s):

— Signature of consumer(s) (only if notification is on paper):

— Date:

(*) Delete as appropriate.