Terms and Conditions

General Terms and Conditions (GTC)
When using the Fastic services on the Fastic website e.g. under
www.getfastic.com or all domains referring to it as well as in the mobile
apps for IOS and Android devices (hereinafter referred to as “FasticApps”),
the user declares his agreement with the General Terms and Conditions
(hereinafter referred to as “GTCs”). If the user does not agree with the
General Terms and Conditions, registration must be waived. These General
Terms and Conditions apply to all websites and apps of HealthVida GmbH
& Co.KG. They also apply regardless of whether Fastic services are used
free of charge or for a fee.
1. General provisions
1.1.
FasticApp means objective services of HealthVida GmbH & Co.KG,
Jacobistr. 18, 01309 Dresden, Germany (hereinafter referred to as
“Provider”). Further information about the Fastics App and HealthVida
GmbH & Co.KG can be found in the imprint on the website and within the
FasticApp.
1.2.
The Provider offers users several ways to become familiar with the
practice of interval fasting. Subject of this contract is the free or paid or via
advertising financed use of the services offered by the Provider under the
name Fastic via his website www.getfastic.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.getfastic.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 stated.
1.3.
In principle, the service can be used on all platforms or terminal devices
supported by FasticsApp. Restrictions, especially technical ones, can be
found in the respective offer presentation of the services.
1.4.
The use of the services does not require registration. It is initially possible
to use the basic functions of FasticApp without registration. A registration
in the FasticApp can be made at a later time.
No registration is required for the use of chargeable 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/her e-mail
address and password. Registration is only possible via the mobile
FasticApp. During registration, the user is requested to accept these
General Terms and Conditions and the data protection declaration. Once
registration has been completed, a confirmation email will be sent, asking
the user to verify the registration by clicking on the “Confirm account”
field. After confirming the field, the user will be redirected to a website
where the registration will be finally confirmed. Only then the registration
process is completed. Alternatively, the user has the option of registering
with his Facebook account. In this case, the registration process is
completed when the contact details of the respective Facebook account
have been entered and the “Confirm” field has been clicked. The user
warrants that all data submitted during registration is complete and
truthful. The user contract between the user and the Provider is only
concluded after electronic confirmation by the Provider.
1.5.
With the registration at the FasticsApp, the user accepts these GTC for the
use of the services. If the user accesses the services via app and has
downloaded the 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 use of the app store or
platform shall apply in addition; in the event of contradictions, these GTC
shall take precedence.
1.6.
When downloading and using of the FasticsApp, in particular in third-party
networks or abroad, the user may incur transmission costs for his Internet
access provider.
1.7.
Prerequisite for the use of the services is reaching the age of 18 and full
legal capacity. The services are aimed exclusively at consumers. A
consumer is according to legal definition each natural person, who locks a
legal transaction for purposes, which can be added predominantly neither
their commercial nor their independent vocational activity. The use of
FasticApp for commercial or other commercial purposes is expressly
prohibited.
2. Paid services
2.1.
Individual services of the FasticsApp require the payment of a fee. The
scope of the services contained in the FasticApp and usable by the user
depends on whether and which services are used free of charge or against
payment. If the services are used free of charge, the user has access to
certain basic functions and information of the respective services. An
extended range of functions is available to the user if the services are
activated for the user as part of a subscription. The FasticsApp provides an
overview of the available chargeable services, their fees, scope of
services, restrictions and running times in the FasticApp. Payment of the
fee only entitles the user to access the services available or visible in the
presentation of the offer. All mentioned fees are inclusive of the respective
valid sales tax.
2.2.
The individual steps of the purchase of chargeable services can be found
in the descriptions within the app store of the third party, FasticApp or the
website www.getfastic.com. The user submits an offer with an order. The
activation of the order button alone does not constitute a purchase
contract for the chargeable 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 FasticsApp offers the option to activate the entire content of the
FasticsApp through one payment. FasticApp offers subscriptions with
different minimum terms. With the activation of the chargeable content,
the user receives the right to use it permanently for his own, non-
commercial purposes on all compatible devices connected to his App Store
account. Further use – in particular publication on the Internet, as well as
unauthorized copying, distribution or making the contents accessible via
the Internet, whether free of charge or against payment – is not permitted.
The same applies to the transcription of the contents, the removal of
copyright information and source references as well as any other
processing or manipulation of the download. The rights of use granted are
not transferable or sublicensable and are subject to full payment. Legally
admissible uses according to the copyright law are not restricted.
The Provider is entitled to revise, update or otherwise change the contents
at any time if this should be necessary for technical, legal or content-
related reasons.
The Provider considers all purchased digital data to be available for
download for a reasonable period of time. However, an unlimited data
backup and data availability cannot be guaranteed. The user should
therefore store his downloads locally on connected devices in parallel. The
user will be informed expressly and with reasonable advance notice if the
content can no longer be provided as downloads by the Provider in the
future.
2.4.
The payment methods that are visible in the offer presentation are
accepted; the payment process is generally operated by appropriate
service providers. In particular, this may involve the payment systems
offered by the respective App Store operators. Insofar as the respective
service provider includes its own General Terms and Conditions of business
or use (GTC) in individual cases, these shall apply exclusively to payment
processing. If necessary, the user must have a user account with the
service provider.
2.5.
The Provider of the App Store can influence the duration or extension of
the App Store or its available fee-based services. Depending on the App
Store, fee-based services may expire after the end of the agreed term
without notice being required, or the respective contract term may be
extended indefinitely or by a corresponding period. Details can be found in
the terms and conditions or in the respective offer presentation of the App
Store. The App Store offers the possibility to terminate fee-based services
via a corresponding menu item.
2.6.
If charges cannot be collected and if the user is responsible for the event
that caused the charge, he shall bear all costs incurred as a result. If
payments made are charged back or the user does not pay fees,
FasticsApp is entitled to block all or access to individual services from
FasticsApp.
2.7.
The Provider may offer paid services to users free of charge for a certain
period of time. Which user can participate in a test offer is at the sole
discretion of the Provider. The Provider may change the scope 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 FasticsApp. The user is free to
terminate the use or to decide on the further use, which is then subject to
a charge.
2.9.
The Provider reserves the right to assert further claims due to delayed
payment.
3. Right of withdrawal for consumers
If users are consumers in the sense of § 13 Bürgerliches Gesetzbuch
(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 date of conclusion of the contract.
If the user has purchased a chargeable service of FasticsApp via an App
Store, revocation notices of the respective App Store apply. If the user has
purchased a chargeable service via the website www.getfastic.com, the
user must contact the Provider (HealthVida GmbH & Co. KG, Jacobistr. 18
01013 Dresden, Germany; e-mail: info@getfastic.com) by means of a clear
declaration (e.g. a letter sent by post, or e-mail) of his decision to revoke
this contract. The user may use the following sample revocation form for
this purpose, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient for the user to
send notification of the exercise of the right of revocation before the expiry
of the revocation period.
3.2. Consequences of withdrawal
If the user cancels a contract with the Provider, the Provider will repay the
user all payments he has received from him immediately and at the latest
within fourteen days from the day on which the notification of cancellation
of the contract was received by the Provider. The Provider shall use the
same means of payment for this repayment as the User used for the
original transaction, unless expressly agreed otherwise with the user; in no
event shall charges be made to the user on the basis of this repayment.
If the user requests that the services begin during the withdrawal period,
the user shall pay the Provider a reasonable amount corresponding to the
proportion of services already provided by the time the user notifies the
Provider of the exercise of the right of withdrawal in respect of this
Agreement in relation to the total amount of services provided in the
Agreement.
END OF THE REVOCATION INSTRUCTION
Sample withdrawal form
(If the user wishes to revoke the contract, the user creates an e-mail or
letter with the following content and sends it to the provider).
To
HealthVida GmbH & Co. KG, Jacobistr. 18, 01013 Dresden, Germany, E-
Mail: info@getfastic.com
Hereby I/we () cancel the contract concluded by me/us () for the purchase
of the following goods ()/ the 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 notification on paper) Delete
date (*)
Delete as applicable
4. Rights and obligations of the user
4.1.
The FasticsApp, the services and contents available through it are not
made available to the user for commercial use, but exclusively for
personal use. A transfer of the user account to third parties is not
permitted. The user may only use the FasticsApp for his own private
purposes.
4.2.
Furthermore, the user is not permitted
4.2.1.
to use chargeable services simultaneously on several terminal devices,
unless such use is expressly permitted within the scope of the respective
offer presentation;
4.2.2.
to pass on the data sent for authentication and identification to third
parties or to make the access data used accessible to third parties;
4.2.3.
from allowing third parties to view or access the services, e.g. an
indeterminate group of people, by using the services in public areas (such
as cinemas, theatres, exhibitions, workshops, showrooms, hotels, bars,
restaurants or other public spaces);
4.2.4.
to take access control systems for chargeable services or other measures
in order to use or circumvent services without authorisation;

4.2.5.
to assign or transfer rights or obligations from these General Terms and
Conditions to third parties.
4.3.
The use of FasticsApp may be reserved to persons 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 provisions on
the protection of minors from content harmful to minors.
4.4.
When using FasticApp and its services, the user must consider contractual
agreements with third parties, in particular with his Internet access
provider or the App Store operator.
4.5.
The user is solely responsible for his actions on the FasticApp as well as on
the website and thus for contents or data which he publishes within the
scope of the services. In particular, he undertakes not to secure, publish,
transmit and disseminate any racist, insulting, discriminatory, harassed,
defamatory, sexual, pornographic, violent or other illegal content, persons
or representations. Furthermore, the user is expressly advised 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, in particular passwords, by third
parties. He undertakes to inform the Provider immediately of any noticed
or suspected unauthorised use of his account.
4.6.
The user undertakes not to intentionally specify the data of third parties
(including e-mail address) as his own. In particular, he undertakes not to
fraudulently specify the credit card details or bank details of third parties.
Furthermore, the user undertakes to comply with the applicable laws when
registering for and using the services, the website www.getfastic.com or
the FasticApp. The user undertakes to treat contents of the chat function
and messages confidentially and not to make them accessible to third
parties without the consent of their author or to pass them on. The same
applies to names, telephone and fax numbers, residential. E-mail
addresses and / or URLs.
The user undertakes to refrain from misusing the services, and in
particular from

not to pass on any defamatory (e.g. slanderous), offensive or
otherwise illegal material or such information about them

not to use them 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 any software or other material that is
protected by copyright, unless the user has the rights to it or the
necessary consents – in this case, written proof can be requested
from the provider.

not to use them in such a way as to adversely affect the availability
of the services offered to other users

not to intercept or attempt to intercept any messages

not to advertise other Internet portals

not to write chat messages and send them to several people at the
same time.
5. Liability
5.1.
The Provider informs the user that interval fasting is generally not a health
problem. Any exercises presented within the framework of the services
provided by the FasticsApp are designed for users who are averagely
healthy and physically and mentally resilient. The user implements any
exercises on his own responsibility. Should the user suffer from illnesses
such as diabetes or cardiovascular problems, lung or respiratory diseases
(including asthma), neuromuscular diseases, surgical interventions or
other health restrictions, be pregnant or breastfeeding or feel unwell after
interval fasting, the Provider advises to discuss this with the doctor. The
use of FasticApp is at user ́s own risk. The services offered here are not
medical or medical advice and cannot be used as a substitute for medical
examinations or treatments. Minors may fast only in consultation and with
the supervision of their parents.
5.2.
The Provider is liable without limitation for intent and gross negligence.
The Provider is only liable for simple negligence if his vicarious agents or
legal representatives violate an obligation which is of essential importance
for the achievement of the purpose of the contract (so-called cardinal
obligation). In this case the liability is limited to the foreseeable damage.
This amounts to a maximum of the amount of the fee paid by the user for
the use of the paid services and functions. The above limitation of liability
does not apply to damages due to the absence of warranted
characteristics, to injury to life, limb or health or to claims arising from the
Produkthaftungsgesetz. If, however, the liability of the provider is excluded
or limited, this also applies to the personal liability of his legal
representatives and vicarious agents.
5.3.
The user undertakes to indemnify the Provider or vicarious agents of the
Provider against all claims by third parties asserted in connection with
violations of the user’s obligations under these GTC and/or the applicable
laws and to assume all reasonable costs incurred by the provider,
including those for legal defence, insofar as the user is responsible for the
violations.
6
.
No warranty
The Provider makes no 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 uncontrollable factors, such as physical predispositions
and preconditions, so that the result can vary greatly with different people
despite the same use of the services.
7. Responsibility for user-generated content
The user is solely responsible for the content he uploads within the
services. The Provider does not make them his own and does not check
them.
8. Contract term, termination, repayment
8.1.
As far as the subject of the contract of use is free services, the contract of
use can be terminated at any time. The user will find a corresponding
account-delete function in his account settings on the website and in the
FasticApp. Termination by post (HealthVida GmbH & Co. KG Jacobistr. 18,
01309 Dresden, Germany) or by sending an e-mail to info@getfastic.com
is also possible. The use by the Provider can be terminated without notice
if the user violates these terms and conditions. A termination of the user
contract by the Provider is effected by notification to the e-mail address
provided during registration. In addition, the provider reserves the right to
refuse the registration of the user without giving reasons.
8.2.
FasticApp provides fee-based services. Unless otherwise stated in the
respective offer presentation, the usage contract for the respective paid
service initially runs over the booked minimum usage period. Thereafter,
the usage contract shall be extended by the duration of the booked
minimum usage period if it is terminated by the user or by the Provider
before the end of the extension 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 cancellation of
the paid service can be carried out if the purchase was made via an App
Store, as described in the respective App Stores in the subscription
administration. If the subscription was concluded via www.getfastic.com or
another platform operated by FasticsApp, the termination must be made
by e-mail to info@getfastic.com or by post (HealthVida GmbH & Co. KG
Jacobistr. 18, 01309 Dresden, Germany); in the event 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 exists in particular if the user violates
applicable law or essential contractual obligations. A prior warning is not
necessary.
8.4.
In the event of termination of the user contract by the user and
termination by the Provider, repayment of any fees paid in advance shall
be 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 promptly, unless they are required for proof purposes of an
illegal act of the user beyond the termination of the contract.
9. Storage possibility and insight into the contract
text
9.1
These General Terms and Conditions can be viewed at
http://www.getfastic.com/agbs . If the user wishes to store these General
Terms and Conditions permanently on a data carrier, he can download
them free of charge as a “pdf” file at http://www.getfastic/agb. The user
must consult the instructions of the respective browser software if he
needs help with saving. In order to open a “pdf” file, the user may require
a special program such as the free Acrobat Reader or a comparable
program that can handle “pdf” files.
9.2.
The user can view the remaining contract information and data in
FasticApp. Alternatively, he can print out or save the automatic order
confirmation that the user receives after completing an order.
10. Extrajudicial dispute resolution
The Provider does not participate in a dispute resolution procedure before
a consumer arbitration board, but is obliged to point out that the European
Commission operates a platform at http://ec.europa.eu/consumers/odr for
out-of-court online dispute resolution (so-called OS platform).
11. Final provisions
11.1.
The Provider makes every effort to ensure trouble-free operation of the
app and to keep it available as far as possible. However, it is pointed out
that complete or complete 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 used free of charge.
The Provider is – as far as no contractual obligations are opposed – entitled
at any time to change or remove contents, services and functionalities
provided within FasticApp and to make new contents, services and
functionalities available or not to further develop 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 General Terms and Conditions of FasticsApp, which are currently
deposited with the order, apply. The provider is entitled at any time to
change these GTC with effect for the future, as far as this is necessary for
factual reasons, in particular due to changes in the law or changes in the
jurisdiction of the highest court, changes in economic conditions, technical
changes or further developments, changes in market conditions or other
equivalent reasons and the user is not unreasonably disadvantaged by
this. Changes to the General Terms and Conditions shall be notified in good
time at a suitable place within the offer or by e-mail at least 14 days prior
to the change. 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 at any time in whole or in part. In addition, 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 require text form to be effective; this also applies to a waiver of the
written form requirement.
11.5.
The place of jurisdiction shall be Dresden (Germany) if the user does not
have his residence or usual place of abode in Germany or moves there or if
the user is not a consumer within the meaning of § 13 BGB (Bürgerliches
Gesetzbuch). FasticApp is also entitled to sue at the general place of
jurisdiction of the user.
11.6.
German substantive law shall apply to the exclusion of the reference rules.
11.7.
Should any provision of these GTC be or become invalid, this shall not
affect the validity of the remaining clauses. The ineffective or
unenforceable provision shall in this case be replaced by the parties by an
effective provision which comes as close as possible to the economic
purpose of the ineffective or unenforceable provision. The same shall
apply in the event of a loophole.
12. Data protection
The Fastic Privacy Policy is available at the link
www.getfastic.com/datenschutz and is part of this contract.
Release April 2019