General Terms and Conditions (AGB)
By using the Fastic services on the Fastic Web Site, e.g. at www.fastic.com or any domain referring to it, as well as in the mobile apps for IOS and Android devices (- hereinafter referred to as “FasticApps” for short), the user agrees to the General Terms and Conditions (- hereinafter referred to as “GTCs” for short). Should the user not agree with the GTCs, the registration must be waived. These General Terms and Conditions apply to all websites and apps of the Provider. In addition, they are valid regardless of whether the use of the Fastic Services is free of charge or against payment.
1.1.
FasticApp refers to services provided by Fastic GmbH, Pappelallee 78/79, 10437 Berlin, Germany (hereinafter referred to as “Provider”). Further information about FasticApp and Fastic GmbH can be found in the imprint on the website and within the App.
1.2.
The Provider offers different possibilities to users of making themselves familiar with the practice of interval chamfered. The subject of this contract is the use, free of charge or against payment or financed by advertising, of the services offered by the Provider under the name Fastic via his website www.fastic.com, other Fastic websites or via software applications (hereinafter referred to as “Services” or “Service”). If the user wishes to use a mobile app to use the Services, he can find out at www.fastic.com whether the Provider offers a mobile app for his terminal device or for the operating system of his terminal device. If a service is subject to a charge, this is explicitly indicated.
1.3.
A Service can basically be used on all platforms or end devices supported by FasticApp. Limitations, especially technical ones, can be found in the respective offer description.
1.4.
The use of the services does not require registration. Using the basic functions of FasticApp is initially possible without registration. A registration in the FasticApp can be done later.
No registration is required to use the paid services and community services for exchange with other users. A registration can be made at a later date. Registration requires the user to enter his e-mail and a password. A registration is only possible via the mobile FasticApp. During the registration process, the user is asked to accept these General Terms and Conditions and the Privacy Policy. After successful registration, a confirmation email will be sent, asking the user to verify the registration by clicking on the field “Confirm Account”. After confirming the field, the user will be redirected to a website where the registration will be finally confirmed. Only then is the registration process complete. Alternatively, the user has the option to register with his Facebook account. In this case, the registration process is complete when the contact details of the respective Facebook account have been entered and the “Confirm” field has been clicked. The User assures that all data submitted during registration is complete and truthful. The user contract between the user and the provider only comes into effect with an electronic confirmation by the Provider.
1.5.
By registering with FasticApp, the user accepts these terms and conditions for the use of the services. If the user accesses the services via App and has downloaded FasticApp from the App Store of a third party or accesses the contents via an audio/video or assistant platform (such as Google Home), the respective terms and conditions of business or use of the App Store or platform shall apply in addition; in the event of contradictions, these GTC shall prevail.
1.6.
When downloading and using FasticApp, especially in third party networks or abroad, the user may incur transmission costs from his Internet access provider.
1.7.
Prerequisite for the use of the services is the reaching of the age of 18 and full legal capacity. The services are directed exclusively to consumers. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. The use of FasticApp for commercial or other commercial purposes is expressly prohibited.
2.1.
Some services of FasticApp are subject to a fee. The scope of the services included in FasticApp and available to the user depends on whether and which services are used for free or for a fee. In the case of free usage, the user has access to certain basic functions and information of the respective services. An extended range of functions is available to the user when the services are unlocked for the user as part of a subscription or single purchase. FasticApp provides an overview of the available paid services, their fees, scope of services, limitations, and conditions within the FasticApp. Payment of the fee or conclusion of a purchase contract entitles the user only to access the available services or those visible in the offer presentation. All mentioned fees include the applicable VAT.
2.2.
The individual steps of purchasing paid services are described in the descriptions within the third party’s App Store, FasticApp, or the website www.fastic.com. By placing an order, the user submits an offer. The mere pressing of the order button does not constitute a contract of sale for the paid content. Only after successful payment and the corresponding electronic confirmation, the order is considered accepted and the sales contract is concluded. Acceptance can also be implied, in particular by activating the chargeable services.
2.3.
The FasticApp offers the option to unlock the entire content of the FasticApp by a payment. The FasticApp offers subscriptions with different minimum terms. With the activation of the paid content, the user receives the right to use it permanently for his own, non-commercial purposes on all devices connected and compatible with his App Store account. Any further use – in particular publication on the Internet, as well as the unauthorized copying, distribution or making available of the contents via the Internet, whether free of charge or against payment – is not permitted. The same applies to transcribing the contents, removing copyright information and source references as well as other editing or manipulation of the download. The granted rights of use are not transferable or sublicensable and are subject to full payment. Uses permitted by copyright law are not restricted.
The Provider is entitled to revise, update or otherwise change the content at any time if this should be necessary for technical, legal or content reasons.
The Provider shall keep all purchased digital data available for download for a reasonable period of time. However, unlimited data backup and data availability cannot be guaranteed. The user should therefore save his downloads in parallel locally on connected end devices. The user will be informed expressly and in advance if the content can no longer be made available for download by the provider.
2.4.
The payment methods shown in the offer are accepted; the payment process is usually operated by appropriate service providers. These may include in particular the payment systems offered by the respective App Store operators. As far as the respective service provider includes its own general terms and conditions of business or terms of use (GTC) in individual cases, these are exclusively valid for the payment process. If applicable, the user must have a user account with the service provider.
2.5.
The Provider of the App Store can influence the duration or renewal, or their available paid services. Depending on the App Store, fee-based services may expire at the end of the agreed term without requiring a termination, or the respective contract term may be extended indefinitely or for a corresponding period of time. Details can be found in the terms and conditions or the respective offer presentation of the App Store. The App Store offers the possibility to terminate paid services via a corresponding menu item.
2.6.
If fees cannot be collected and if the user is responsible for the event causing the collection, the user shall bear all costs arising therefrom. If payments made are charged back or the user does not pay fees, FasticApp is entitled to block all or access to individual services from FasticApp.
2.7.
The Provider can offer paid services to users for a certain time free of charge. Which user can participate in a test offer is at the sole discretion of the Provider. The Provider may change the scope of services of the test offer or terminate the provision of a test offer at any time.
2.8.
The Provider reserves the right to change its business model at any time and, for example, to provide certain or all services only against payment. The respective fees are published in the FasticApp. The user is free to terminate the use of the service or to decide to continue using the service for a fee.
2.9.
We reserve the right to assert further claims for default of payment.
2.10.
The Provider can employ people who are active on the platform either as volunteers or for a fee. These persons can act as coaches within groups or contact the user to support and motivate him to use App. These persons can also be active in the context of paid functions.
If users are consumers in the sense of § 13 BGB, the following right of withdrawal applies.
REVOCATION INSTRUCTION
3.1 Right of withdrawal
The user has the right to revoke the concluded contract within fourteen days without giving reasons. The revocation period is fourteen days from the day of the conclusion of the contract.
If the user has purchased a paid service from FasticApp through an App Store, revocation notices of the respective App Store apply. If the user has purchased a paid service through the fastic.com website, the user must, in order to exercise a right of revocation, inform the Provider (Fastic GmbH, Pappelallee 78/79, 10437 Berlin, Germany, E-Mail: info@fastic.com,) by means of a clear statement (e.g. a letter sent by mail, or e-mail) of his decision to revoke this agreement. The user may use the following sample revocation form for this purpose, which is not mandatory.
In order to comply with the revocation period, it is sufficient for the user to send the notification of the exercise of the right of revocation before the end of the revocation period.
3.2 Consequences of revocation
If the User revokes a contract with the Provider, the Provider shall reimburse the User for all payments received from the User without delay and at the latest within fourteen days from the day on which the Provider receives notification of the revocation of the contract. For this repayment, the Provider shall use the same means of payment that the User used for the original transaction, unless expressly agreed otherwise with the User; in no case shall the User be charged any fees on the basis of this repayment.
If the User requests that the services should commence during the withdrawal period, the User shall pay the Provider a reasonable amount corresponding to the proportion of the services already provided by the time the User notifies the Provider of the exercise of the right of withdrawal with respect to this Agreement compared to the total scope of the services provided for in the Agreement.
END OF THE REVOCATION INSTRUCTION
Sample revocation form
(If the user wants to revoke the contract, the user creates an e-mail with the following content and sends it to the provider)
To
Fastic GmbH, Pappelallee 78/79, 10437 Berlin, Germany, E-Mail: info@fastic.com
I/we hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/provision of the following service () Ordered on (/received on) Name of consumer(s) Address of consumer(s) Signature of consumer(s) (only in case of paper notification) Date (*) Delete as applicable
4.1.
The FasticApp, the services and content available through it are not made available to the user for commercial use, but only for personal use. It is not permitted to transfer the user account to third parties. The user may only use the FasticApp for his own private purposes.
4.2.
Furthermore, the user is not permitted to do so,
4.2.1.
to use chargeable services simultaneously on several terminals, unless such use is expressly permitted within the framework of the respective offer presentation;
4.2.2.
to pass on the data sent for authentication and identification to third parties or to make access data used for authentication and identification available to third parties
4.2.3.
To enable third parties to view or access the Services, e.g. an unspecified group of people by using the Services in public areas (such as cinemas, theaters, exhibitions, workshops, showrooms, hotels, bars, restaurants or other public spaces);
4.2.4.
to use access control systems to chargeable services or other measures to use or circumvent services without authorization;
4.2.5.
to assign or transfer rights or obligations arising from these General Terms and Conditions (GTC) to third parties.
4.3.
Use of FasticApp may be restricted to individuals who meet certain requirements (e.g., legal age). The user is responsible for ensuring that the services are only available to persons who meet these requirements. In particular, the user undertakes to comply with the applicable regulations regarding the protection of minors from content harmful to minors.
4.4.
When using FasticApp and its services, the user has to consider contractual agreements with third parties, especially with his Internet access provider or the App Store operator.
4.5.
The user is solely responsible for his or her actions on FasticApp as well as on the website and therefore for any content or data he or she publishes within the services. He or she agrees to conduct himself or herself in accordance with our Content and Conduct Guidelines. In particular, he/she undertakes not to secure, publish, transmit or distribute any racist, insulting, discriminating, harassing, defamatory, sexual, pornographic, violence glorifying or other illegal contents, persons or representations. Furthermore, the user is expressly informed that it is prohibited to use legally protected terms, names, images, videos or other materials. Furthermore, the user is obliged to take appropriate measures to prevent unauthorized use of his data, especially passwords, by third parties. He/she is obliged to inform the provider immediately about any noticed or suspected unauthorized use of his/her account.
4.6.
The user undertakes not to deliberately provide the data of third parties (including e-mail address) as his own. In particular, he undertakes not to fraudulently provide the credit card data or bank details of third parties. Furthermore, the user agrees to comply with all applicable laws when logging on, registering and using the services, the website www.fastic.com or FasticApp. The user agrees to keep the chat function and messages confidential and not to make them available or pass them on to third parties without the consent of their author. The same applies to names, telephone and fax numbers, residential e-mail addresses and / or URLs.
Remotely, the user undertakes not to misuse the services, in particular
not to pass on any defamatory (e.g. libel), offensive or otherwise illegal material or information about them
not to use it to threaten or harass other persons/users
or to violate the rights (including personal rights) of third parties
not to upload data that contains a virus (infected software). In general, not to upload software or other material that is protected by copyright, unless the user has the rights to it or the necessary consents – in this case, the provider may require written proof
not to use them in a way that adversely affects the availability of the service offers for other users
not to intercept messages and not to try to do so
not to advertise for other internet portals
not to write chat messages and send them to several people at the same time
5.1.
The Provider points out the fact to the user that interval chamfered is usually health unproblematic. Any exercises presented in the context of the services provided by FasticApp are designed for averagely healthy and physically and mentally resilient users. The user carries out any exercises on his own responsibility. If the user suffers from any medical condition, such as diabetes or cardiovascular problems, lung or respiratory diseases (including asthma), neuromuscular diseases, surgery or other health restrictions, is pregnant or breastfeeding, or feels unwell after interval fasting, the Provider advises the user to consult a physician. The use of FasticApp is at your own risk. The services and benefits offered here are not medical or medical advice and cannot be used as a substitute for medical examinations or treatment. Minors may only fast in agreement with and under the supervision of their parents.
5.2.
The Provider is liable without limitation for intent and gross negligence. The Provider shall only be liable for simple negligence if his vicarious agents or legal representatives violate an obligation that is essential for achieving the purpose of the contract (so-called cardinal obligation). In this case the liability is limited to the foreseeable damage. This shall amount to a maximum of the fee paid by the user for the use of the paid services and functions. The aforementioned limitation of liability does not apply to damages due to the absence of warranted characteristics, to injury to life, body or health, or to claims under the Product Liability Act. However, insofar as the liability of the Provider is excluded or limited, this also applies to the personal liability of its legal representatives and vicarious agents.
5.3.
The User undertakes to indemnify the Provider or the Provider’s vicarious agents from all claims of third parties which are asserted in connection with the User’s breach of his obligations under these GTC and/or the laws applicable to him and to assume all reasonable costs incurred by the Provider, including those for legal defense, insofar as the User is responsible for the breaches.
The Provider does not give any assurances or guarantees that the weight or other result desired by the user will be achieved by using the respective service. The Provider does not owe a concrete success. In addition, the result is also influenced by factors that cannot be controlled, such as physical predispositions and preconditions, so that the result can vary greatly among different people despite the same use of the services. The Provider gives no guarantees that all interactions on the platform with other users will take place.
The user is solely responsible for content uploaded within the services. The Provider does not adopt them as his own and does not check them.
8.1.
Insofar as the subject of the user contract is free services, the user contract can be terminated at any time. For this purpose, the user will find a corresponding account deletion function in his account settings on the website and in the App. Termination is also possible by mail (Fastic GmbH, Pappelallee 78/79, 10437 Berlin, Germany) or by notification to the e-mail address info@fastic.com. The use by the provider can be extraordinarily terminated without notice if the user violates these GTCs. Termination of the User Agreement by the Provider shall be effected by notification to the e-mail address provided during registration. Furthermore, the Provider reserves the right to refuse the User’s registration without stating reasons.
8.2.
The FasticApp provides paid services. Unless otherwise stated in the respective offer, the license agreement for the respective paid service will initially run for the booked minimum usage period. Thereafter, the license agreement will be renewed for the duration of the booked minimum usage period if it is terminated by the user or the Provider before the end of the renewal period/ minimum usage period with effect from the end of the respective period. The User may also use the Services after termination until the end of the respective period. The termination of the paid service can be carried out if the purchase was made via an App Store, as described in the respective App Store in the subscription administration. If the subscription was purchased via www.fastic.com or another platform operated by FasticApp, the termination must be sent by e-mail to info@fastic.com or by mail (Fastic GmbH, Pappelallee 78/79, 10437 Berlin, Germany); in case of termination by the Provider to the e-mail address provided by the user during registration.
8.3.
The right to extraordinary termination for good cause remains unaffected. An important reason for the Provider is especially given if the User violates applicable law or essential contractual obligations. A prior warning is not necessary.
8.4.
In the event of a termination of the user contract on the part of the user as well as a termination by the Provider, the repayment of any fees paid in advance is excluded, unless the user terminates the contract for an important reason for which the Provider is responsible.
8.5.
After termination, all data of the user will be deleted from the Fastic database in a timely manner, as far as they are not required for the purpose of proving an illegal act of the user, beyond the termination of the contract.
9.1
These General Terms and Conditions can be viewed at https://fastic.com/terms. If the user wishes to save these General Terms and Conditions permanently on a data carrier, he can download them as a “pdf” file free of charge at https://fastic.com/terms. The user must consult the instructions of the respective browser software if he/she requires help with saving. In order to open a “pdf” file, the user may need a special program such as the free Acrobat Reader or a comparable program that is capable of handling “pdf” files.
9.2.
The user can view the remaining contract information and data in the FasticApp. Alternatively, he can print or save the automatic order confirmation which the user receives after completing an order.
The Provider does not take part in a dispute resolution procedure before a consumer arbitration board, but is obliged to point out that the European Commission operates a platform for extrajudicial online dispute resolution (so-called OS platform) at http://ec.europa.eu/consumers/odr.
11.1.
The Provider endeavors to enable a trouble-free operation of the app and to keep it available as far as possible. However, it is pointed out that a complete or uninterrupted availability is not technically feasible. Therefore, the Provider does not assume any guarantee for a trouble-free operation or a certain availability. Furthermore, there is no claim to the maintenance of individual functionalities of the App that are used free of charge. The Provider is – as far as there are no contractual obligations to the contrary – entitled at any time to change or remove content, services and functionalities provided within FasticApp and to make new content, services and functionalities available or to stop further development of the App as a whole. In this respect, the Provider also reserves the right to issue separate terms and conditions for new service offers or to discontinue and change additional features free of charge.
11.2.
The current terms and conditions of FasticApp, which are deposited with the order, apply. The Provider is entitled to change these GTC at any time with effect for the future, provided that this is necessary for objective reasons, in particular due to changes in the law or in the highest court decisions, changes in economic conditions, technical changes or further developments, changes in market conditions or other equivalent reasons, and provided that the user is not unreasonably disadvantaged by this. Changes to the General Terms and Conditions of Business will be pointed out at a suitable place within the offer or by e-mail at least 14 days before the change is made in good time. Every user has the right to object to the new terms of use.
11.3.
The Provider is entitled to entrust third parties with the provision of the agreed services, in whole or in part, at any time. Furthermore, the Provider may transfer his rights and obligations to one or more third parties
11.4.
Agreements between the Provider and the User that deviate from these GTC must be in text form in order to be valid; this also applies to a waiver of the written form requirement.
11.5.
The place of jurisdiction is Berlin, if the user does not have his domicile or usual place of residence in Germany or moves there or if the user is not a consumer in the sense of § 13 BGB. FasticApp is also entitled to sue at the user’s general place of jurisdiction.
11.6.
German substantive law shall apply to the exclusion of the referral rules.
11.7.
Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of the remaining clauses. In this case, the invalid or unenforceable provision shall be replaced by the parties by a valid provision which comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies in the case of a loophole in the regulations.
The Fastic Privacy Policy is available at www.fastic.com/privacy and is part of this Agreement.
Status October 29, 2019