Terms of Service

General Terms and Conditions (GTC)

1 Scope

1.1

These General Terms and Conditions (hereinafter "GTC") of Fastic GmbH, Pappelallee 78/79, 10437 Berlin, Germany (hereinafter "Provider" or "Fastic"), govern the use of the services provided via the website www.fastic.com (hereinafter "Website" or "Fastic Website") or the mobile application (hereinafter "App" or "Fastic App"). The GTC apply regardless of whether the use of Fastic services is free or paid.

1.2

These GTC form the basis of contracts concluded with us based on our offers on the website or in the app.

2 Definitions

2.1

Fastic offers its users a program (hereinafter also "Services") that covers topics such as healthy weight gain and loss, intermittent fasting, muscle building, and healthy nutrition. These services are provided via the Fastic App and the website www.fastic.com and offer users various opportunities to become familiar with these topics.

2.2

The terms "Consumer" and "Entrepreneur" are used in accordance with the legal definitions in §§ 13, 14 BGB. A consumer is a natural person who enters into a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An "Entrepreneur" is any natural or legal person or legally competent partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.

We therefore only sell to adults who are fully legally competent natural persons or legal entities. The data required for the order, such as name, address, etc., must be provided completely and truthfully.

2.3

"Distribution platform" refers to the online stores (stores) of platform operators such as Google ("Google Play") and Apple ("App Store"), through which users can select and download the Fastic App or make in-app purchases.

3 Use of Fastic Services

3.1

Fastic services can be used both free and paid, especially through the Fastic App. The mere installation of the app via a distribution platform or the use of the website is always free. Additionally, there is the option to book paid services (e.g., Fastic Plus).

3.2

The Fastic App can be installed and used on all platforms and devices supported by Fastic, such as mobile phones, smartwatches, tablets, and other mobile devices.

3.3

By using the website or installing the app, the user agrees to these GTC. If the app is downloaded via a third-party distribution platform, the terms and conditions of use of the respective platform also apply. In the event of any conflicts, these GTC take precedence.

3.4

The user confirms that all information provided is truthful, up-to-date, and complete. The user is obliged to regularly update their personal information.

3.5

The user is responsible for protecting their account from unauthorized access and misuse. Any suspicions or violations must be reported to the provider immediately. Refunds for unauthorized payments will only be granted after a successful report of misuse.

3.6

The provider has the right to close a user's account if abusive behavior is detected.

3.7

The use of the app is only permitted for persons aged 18 and over. Minors may only use the app with the consent of a parent or guardian. If Fastic becomes aware that personal data of minors has been collected without this consent, Fastic will take all necessary steps to delete such data immediately.

4 Health Notice for Using Fastic Services

4.1

Fastic is not a medical organization, and the content and recommendations provided through Fastic services do not constitute medical advice. The use of Fastic services is at the user's own risk. In particular, users who are already undergoing medical treatment or taking prescription medication are advised to consult a doctor before using Fastic services. This also applies to users with conditions such as diabetes, cardiovascular problems, lung or respiratory diseases (including asthma), neuromuscular disorders, or those recovering from surgery. Pregnant and breastfeeding women are also advised to seek medical advice before using Fastic services.

The recommendations provided by the provider do not replace medical examinations or treatments. Fastic recommends that users seek medical supervision while using the services and attend regular check-ups. The provider assumes no liability for the actions or decisions of users.

By agreeing to these GTC, the user confirms that they are solely responsible for their health.

4.2

The provider recommends that users maintain their weight within the healthy weight guidelines set by the World Health Organization (WHO), which correspond to a Body Mass Index (BMI) between 18.5 and 25. The BMI can be calculated using the following formula: body weight (in kg) divided by height (in m) squared.

Fastic encourages users to maintain a healthy weight in accordance with WHO guidelines. A healthy Body Mass Index (BMI) is between 18.5 and 25. The BMI can be calculated using the following formula: body weight (in kg) divided by height (in m) squared.

4.3

The exercises and recommendations provided within Fastic services are designed for generally healthy individuals who are physically and mentally resilient. If you feel unwell after using Fastic services, please consult a doctor. Minors may only use the services in consultation with and under the supervision of their parents.

5 Creating a User Account

5.1

The Fastic App can be used with or without a personalized user account. To create a personal user account, the user must enter their email address and set a password. The user can convert their existing anonymous account into a personal account at any time by linking their email address to the user account.

The Fastic App can be used both with and without a personalized user account. To create a personal user account, entering an email address and setting a password is required. An existing anonymous account can be converted into a personal account at any time by linking the user's email address to the account.

5.2

Alternatively, a Fastic user account can be created by linking it to a platform operator's profile, such as via "Sign in with Apple," "Google," or similar options.

6 Duration and Termination of Free Services

If the Fastic services are used free of charge, the usage contract can be terminated by either Fastic or the user with a notice period of 14 days via email to info@fastic.com or to the email address provided by the user. The user also has the option to delete their account independently via the app settings.

7 Conclusion of Contract, Duration, Renewal, and Termination of Paid Services

7.1

Fastic offers subscriptions with various fixed durations that are subject to a corresponding usage fee. This fee must be paid in advance to gain unrestricted access to all services (hereinafter referred to as "Fastic Plus" or "Plus Features").

7.2 Conclusion of Contract

If a user wishes to use the Plus Features of the Fastic App, they can purchase them through the Fastic website, activate them via an "in-app purchase" through a distribution platform, or acquire them through the purchase of the prevention course (Course ID KU-ER-GSP6FU).

7.2.1

To purchase the Plus Features via the website, the user must log in with their email address and password or create a new account. The various subscription options are available and can be purchased through the user account on the relevant product page.

7.2.2

When purchasing an upgrade via a distribution platform, the process follows the conditions set by the respective platform provider. The purchase contract is governed by the terms of the respective distribution platform, which also determine whether the contract is concluded between the user and the platform or between the user and the provider.

7.2.3

Users who enroll in the prevention course "Basic Nutrition Course – Eating and Drinking Healthily and Balanced (Online Course)" (Course ID KU-ER-GSP6FU) receive a Fastic Plus subscription free of charge for 12 months. This Fastic Plus subscription is not sold as a regular subscription but is granted as part of the prevention course. As it is not a regular subscription, it automatically ends after 12 months and does not require cancellation.

The prevention course (Course ID KU-ER-GSP6FU) has been certified by the "Central Prevention Testing Office." A reimbursement or partial coverage of the costs of this prevention course by a statutory health insurance company under Β§ 20 para. 5 SGB V is generally possible. However, the actual reimbursement depends on additional requirements beyond Fastic's control (e.g., full participation and completion of the course, no exhaustion of the maximum annual reimbursement amount by other courses). Fastic has no influence over the subsidy application, processing, evaluation by the health insurance company, or payout process. For private health insurance policies, reimbursement depends on the individual tariff conditions. Users must contact their health insurance provider directly for this. Fastic recommends inquiring about the reimbursement conditions and process in advance.

7.2.4

Our promotional offers are non-binding unless they become part of a contractual agreement. Before submitting your order, you have the opportunity to review and correct the information you have entered. By submitting your order, you make a binding contract declaration. Immediately after receiving your order, you will receive an automatically sent order confirmation via email.

A binding contract is formed when we accept your order. This acceptance can occur in the following ways:

  • We explicitly accept your order with a separate declaration, which is sent as part of the order confirmation.
  • You use our service and complete your order with a payment instruction via an online payment service such as PayPal, Google Pay, or Apple Pay.
  • We charge your account for credit card payments.
  • We notify you of the debit date for a SEPA direct debit.

7.3

Fastic may offer limited-time trial subscriptions that allow users to test the Plus Features free of charge. The trial subscription begins upon contract conclusion. The duration of the trial period is specified in advance in the offer. During the trial period, no fee is charged; however, Fastic may require the user to provide payment details when signing up for the trial subscription. If the trial subscription is not canceled within the trial period, it automatically converts into a paid subscription with the term chosen by the user. The user will be informed of this and must provide their consent. After the trial period expires, the usage fee will be automatically charged. Fastic reserves the right to change the scope of services offered in the trial subscription or discontinue the offer at any time for future contracts.

7.4 Duration

The paid subscription runs for at least the duration selected by the user, plus any trial period set by Fastic.

7.5 Cancellation Period

The user can cancel the subscription at any time at the end of the selected term. If no cancellation is made, the subscription is extended indefinitely under the conditions of the original subscription and can then be terminated by Fastic or the user with one month's notice to the end of the month. Any prepaid amounts will be refunded on a prorated basis.

7.6

Cancellation can be made via the app or by email to info@fastic.com. A cancellation option is also available on the website. If the provider terminates the contract, the termination notice will be sent to the email address provided by the user. If the subscription was purchased through a distribution platform, cancellation must be made according to the processes described in the respective app stores.

7.7

The right to extraordinary termination for good cause remains unaffected. A good cause for Fastic exists, in particular, if the user violates applicable law or essential contractual obligations. The provisions in Section 10 also remain unaffected.

8 Payment of Usage Fees

8.1

For orders placed via our website or the Fastic App, the prices listed in the offer at the time of the order apply. The stated prices are total prices, meaning they include the applicable German statutory value-added tax and other price components.

If the user has chosen a time-limited subscription with a trial phase (trial subscription) determined by Fastic and communicated to the user, the usage fee is due only at the end of the trial phase. From that point on, the usage fee for the respective subscription period must be paid in advance. If the time-limited subscription does not include a trial phase, the usage fee is due immediately upon purchase.

8.2

The user is responsible for covering all costs incurred if a due payment cannot be collected from the specified bank account. If payments made are reversed or the user fails to pay the required fees, Fastic reserves the right to restrict access to certain or all services.

8.3

The billing of in-app purchases is handled through the respective distribution platform. The payment terms of the respective platform provider apply.

8.4

When purchasing the prevention course (Course ID KU-ER-GSP6FU), the user is required to make the payment within 28 days. Payment can be made via bank transfer, SEPA direct debit, or an online payment service such as PayPal, Google Pay, or Apple Pay.

If the user does not complete the payment within the specified period, Fastic reserves the right to deny access to the Plus Features and withhold the issuance of the participation certificate until full payment is received. Additionally, Fastic reserves the right to take further legal action to recover outstanding payments.

9 Changes to the Usage Fees

The provider reserves the right to change the usage fees for subscription options. However, price adjustments will only take effect after the current subscription term ends or when the next subscription renewal payment is due. In the event of upcoming price increases, the provider will inform the user at least 30 days before the planned fee adjustment. If the notification is provided less than 30 days in advance, the price adjustment will only take effect at the following payment date.

10 Changes, Interruptions, and Discontinuation of Fastic Services

10.1

The provider reserves the right to change, temporarily interrupt, or permanently discontinue the Fastic services at any time, including free services and time-limited subscriptions.

10.2

The user has the right to terminate their subscription extraordinarily if a change, interruption, or discontinuation of the services significantly impairs the purpose of the contract. If the user exercises their right of termination, they may be entitled to a prorated refund for the unused portion of their canceled subscription. The provider is only responsible for refunds granted under these terms.

10.3

The subscription automatically ends if the provider or the respective distribution platform through which the services are provided completely discontinues the service or business operations.

10.4

These GTC also apply to modified services.

11 Warranty

11.1

If a contract is concluded between the provider and the user, the provider is liable for defects in the app according to statutory provisions, particularly under §§ 434 ff. BGB. In the event of performance defects, the customer has a statutory warranty right.

11.2

The provider endeavors to ensure a continuously complete and error-free availability of the Fastic App but does not guarantee or warrant its uninterrupted availability.

12 Liability

12.1

The user's claims for damages are excluded. Exceptions include claims for damages by the user due to injury to life, body, or health, or due to the violation of essential contractual obligations (cardinal obligations), as well as claims for other damages based on intentional or grossly negligent breaches of duty by the provider, its legal representatives, or agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

12.2

In the event of a breach of essential contractual obligations, the provider is only liable for foreseeable damages typical for the contract, provided that these were caused by simple negligence. This does not apply to claims for damages by the user resulting from injury to life, body, or health.

12.3

The liability limitations in paragraphs 1 and 2 also apply in favor of the provider's legal representatives and agents if claims are asserted directly against them.

13 Right of Withdrawal

13.1

Below, you will find information about the conditions and consequences of the statutory right of withdrawal for service orders. No contractual rights beyond the statutory provisions are granted. In particular, the statutory right of withdrawal does not apply to business customers.

13.2 Withdrawal Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day of contract conclusion. To exercise your right of withdrawal, you must inform us (Fastic GmbH, Pappelallee 78/79, 10437 Berlin, Germany, Email: info@fastic.com, Phone: +49 30 41735147) by means of a clear statement (e.g., a letter sent by post or an email) about your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, but it is not mandatory. To comply with the withdrawal deadline, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs resulting from you selecting a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day we receive notice of your withdrawal from this contract. For this repayment, we will use the same payment method that you used in the original transaction, unless explicitly agreed otherwise with you; in no case will you be charged fees for this repayment.

If you have requested that the services begin during the withdrawal period, you must pay us an appropriate amount corresponding to the proportion of services already provided up to the point at which you informed us of your withdrawal from this contract, relative to the total scope of the services provided for in the contract.

13.3 Sample Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and return it.)

β€” To: Fastic GmbH, Pappelallee 78/79, 10437 Berlin, Germany, info@fastic.com

β€” I/we () hereby withdraw from the contract concluded by me/us () regarding the purchase of the following goods ()/the provision of the following service ()

β€” Ordered on ()/received on ()

β€” Name of the consumer(s)

β€” Address of the consumer(s)

β€” Signature of the consumer(s) (only required for notification in paper form)

β€” Date

(*) Delete as appropriate

14 Out-of-Court Dispute Resolution

The European Commission provides an online dispute resolution (ODR) platform with further information available at https://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.

15 Final Provisions

15.1

All legal transactions or other legal relationships with us are governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their incorporation into German law, shall not apply. This choice of law does not affect the consumer protection rights granted to customers with habitual residence in an EU country or Switzerland under mandatory provisions of the respective national law.

15.2

In business transactions with merchants and legal entities under public law, our registered office shall be the exclusive place of jurisdiction for all disputes arising from these terms and conditions and the individual contracts concluded under their application, including claims involving checks and bills of exchange. In such cases, we are also entitled to take legal action at any other legally permissible place of jurisdiction. Any mandatory exclusive place of jurisdiction remains unaffected by this provision.

15.3

If individual provisions of these general terms and conditions are or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provisions, the statutory provisions shall apply. The same applies if these general terms and conditions contain an unforeseen gap.

15.4

Fastic provides these general terms and conditions in multiple languages. However, only the German-language version shall be legally binding in the event of disputes, misunderstandings, or inconsistencies with translated versions.

15.5

Fastic is entitled to engage third parties to provide the agreed services, either in whole or in part. The provider may also transfer its rights and obligations to one or more third parties.

15.6

The provider reserves the right to amend these GTC at any time with future effect if objective reasons such as changes in legislation, supreme court rulings, economic developments, technological advancements, or changes in market conditions necessitate such amendments and the user is not unreasonably disadvantaged as a result. Changes to the GTC will be communicated to the user in a timely manner, at least 14 days before they take effect, via an appropriate channel or by email. Each user has the right to object to the new GTC.

16 Data Protection

Fastic's privacy policy is available at www.fastic.com/en/privacy.

Effective as of February 13, 2025.