(1) These General Terms and Conditions (hereinafter "GTC") apply to the use of the mobile application "Silna Arc" (hereinafter "App"), which is available for download via the Apple App Store.
(2) The provider of the App is Himzo Tahić, Hohenzollerndamm 198A, 10717 Berlin, email: [email protected] (hereinafter "Provider").
(3) The App is designed to create personalized training plans, document training sessions, and provide rule-based training recommendations, including specific weight recommendations for exercises using free weights. The App is not a medical device within the meaning of Regulation (EU) 2017/745 (MDR) and does not replace medical advice or treatment.
(4) By using the App, the User agrees to these Terms and Conditions. Any deviating terms and conditions of the User will not be recognized unless the Provider expressly agrees to their validity in writing.
(5) The App is intended exclusively for persons who have reached the age of 18.
(1) Use of the App requires the conclusion of a paid subscription (hereinafter "Subscription"). The Subscription is concluded and managed exclusively through the Apple App Store.
(2) The contract is concluded upon confirmation of the subscription by Apple. The Provider does not become a separate contractual partner for the payment transaction; payment processing is handled exclusively by Apple.
(3) The Subscription has a term of either one (1) month or one (1) year and automatically renews for the same term unless it is canceled at least 24 hours before the end of the respective term via the settings of the Apple App Store account.
(4) Prior to concluding the paid subscription, the user is granted a free trial period of fourteen (14) days (hereinafter "Trial"). During the Trial, the user may use the App with full functionality. This Trial is administered in accordance with Apple's standard terms and conditions: If the subscription is not canceled at least 24 hours before the end of the trial period via the settings of the Apple App Store account, the trial period automatically converts into a paid subscription. The provider will not send a separate notification prior to the conversion; information regarding the end of the trial period and the automatic renewal is provided by Apple.
(4) The current subscription price per time period (month or year) is determined during the ordering process. Price changes will be communicated to the user via Apple in a timely manner prior to the subscription renewal. Continued use following a price change constitutes acceptance of the new price, unless the user cancels beforehand.
(1) The App offers the following features:
(2) All training recommendations are of a general nature and do not constitute medical, physical therapy, or medical advice. The user is solely responsible for evaluating the recommendations and performing the exercises on their own.
(3) The Provider reserves the right to change, expand, or restrict the App's functionality at any time, provided this is reasonable for the User while taking the Provider's interests into account.
(1) The Provider grants the User, for the duration of the subscription, a simple, non-transferable, non-sublicensable right to use the App on their own Apple device.
(2) Any use beyond this, in particular the reproduction, distribution, public disclosure, modification, or decompilation of the App or its content, is prohibited without the provider's prior written consent, unless mandatory legal provisions (in particular Sections 69d and 69e of the German Copyright Act (UrhG)) preclude this.
(3) The content contained in the App (texts, graphics, exercise descriptions, algorithms) is protected by copyright. Any use beyond the intended use of the App requires the prior written consent of the Provider.
(1) The user agrees to provide truthful information when using the App, particularly regarding existing health limitations.
(2) The user is obligated to have their medical fitness assessed by a doctor before starting a training program, particularly in the event of pre-existing conditions, injuries, or other health impairments.
(3) Use of the App is at the user's own risk. The user is personally responsible for performing the exercises correctly and selecting appropriate weights. The App's recommendations are for guidance only and are exclusively of a general nature.
(4) The user must use the App in accordance with its intended purpose and refrain from any actions that could impair the App's functionality.
(1) The Provider shall be liable without limitation for damages resulting from injury to life, limb, or health that are based on an intentional or negligent breach of duty by the Provider, its legal representatives, or vicarious agents.
(2) The Provider shall be liable for other damages only in cases of willful misconduct or gross negligence, as well as in the event of a breach of material contractual obligations (cardinal obligations). In the event of a breach of material contractual obligations, liability is limited to foreseeable damages typical for this type of contract.
(3) The Provider makes no warranty as to the accuracy, completeness, or suitability of the training recommendations for the individual user. The recommendations provided by the App do not replace expert advice from doctors, physical therapists, or qualified trainers.
(4) The Provider is not liable for damages resulting from the User providing inaccurate or incomplete information regarding health restrictions.
(5) The App is not a medical device. The training recommendations and weight specifications are intended solely for general training support and are not intended for the diagnosis, treatment, cure, or prevention of diseases. The user is obligated to independently assess their own fitness for training before starting a training program and, if necessary, to seek medical clarification. By accepting these Terms and Conditions, the user confirms that they have taken note of these limitations.
(6) The limitations of liability do not apply if the Provider has fraudulently concealed a defect or has provided a guarantee regarding the quality of the App. Claims under the Product Liability Act remain unaffected.
(1) Consumers are entitled to a statutory right of withdrawal. The details are set forth in the separate cancellation policy.
(2) Since the subscription is concluded via the Apple App Store, Apple's terms and conditions apply to the exercise of the right of withdrawal and refunds. The user can manage and cancel their subscription via the settings of their Apple account.
(3) During the free trial period pursuant to § 2(4), the user may cancel the subscription at any time and without providing a reason via the settings of their Apple account. If the subscription is not canceled during the trial period, it will automatically be converted into a paid subscription. The statutory right of withdrawal remains unaffected by this.
(4) The right of withdrawal expires prematurely if the Provider has begun performing the contract after the user has expressly consented to this and simultaneously confirmed that they lose their right of withdrawal upon full performance of the contract (Section 356(5) of the German Civil Code (BGB)).
(1) The statutory warranty provisions for contracts regarding digital products pursuant to §§ 327 et seq. BGB apply.
(2) The Provider makes the App available in its current version and is obligated to provide necessary updates (functional and security updates) during the term of the contract, to the extent that this is necessary to maintain conformity with the contract (Section 327f of the German Civil Code (BGB)).
(3) The user is obligated to install provided updates within a reasonable period of time. If the user fails to install a provided update, the provider shall not be liable for defects resulting solely from the lack of an update, provided that the user was duly informed of the availability and the consequences of non-installation.
(1) The subscription may be terminated by the user at any time at the end of the respective term. Termination must be effected at least 24 hours prior to the expiration of the current term via the settings of the Apple App Store account.
(2) The right to terminate the agreement for cause remains unaffected for both parties.
(3) Upon termination of the subscription, the right to use the App expires. Locally stored training data remains on the user's device and can be deleted by the user independently.
(1) The Provider processes personal data in accordance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Details are set forth in the separate Privacy Policy.
(2) The App processes all user-related data (including training data, physical inputs, and preferences) exclusively locally on the user's device. No data is transmitted to the provider's servers.
(1) The Provider reserves the right to amend these Terms and Conditions with future effect, to the extent that this is necessary and does not unreasonably disadvantage the User.
(2) Changes will be communicated to the user in writing (via in-app notification). The changes shall be deemed approved if the user does not object to them in writing within four (4) weeks of receiving the notification. The provider will specifically inform the user in the notification of the significance of the deadline and the legal consequences of remaining silent.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). With respect to consumers, this choice of law applies only to the extent that it does not conflict with mandatory provisions of the law of the country in which the consumer has their habitual residence.
(2) If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with this contract is the provider's registered office.
(3) The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
(4) Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that most closely approximates the economic purpose of the invalid provision in a permissible manner.