General terms and Conditions
My Winning Coach GmbH (called MWC for short)
Our company My Winning Coach GmbH (short MWC ) develops products that help people physically and mentally to reach their top form. Our experiences and know-how come from a University study in Sport science, from the top international sport (ATP tennis, Formula 1, Football Champion teams, Paris-Dakar pilots, Motocross World Champions, Triathletes, etc.) and Management trainings with well-known international companies.
With these experiences and the scientific background we convey the credibility and seriousness of our offers. The “Fit in 11 Minutes” App (henceforth referred to as ” App ” or ” Application”) leads the user in a very short time to endurance and strength with some of the most effective exercises of the world. So our vision of physical fitness can be true – even for busy people.
With the App we enable everybody who is willing to get fit in a proven way.
We are pleased to welcome you as a user!
With the “Fit in 11 Minutes” App MWC offers sport oriented users 5 fitness levels for free until cancellation. We also offer the users paid subscriptions as part of our extended services.
1. LEGAL REQUIREMENTS and SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS
1.1 In order to use this application and the related services, it is necessary to agree to the general terms and conditions and the one-time registration in the App. The current general terms and conditions apply until further notice for all MWC products and services.
1.2 Only capable persons are allowed to register in the app. Minors may register in the app only by the expressly permission of their parents or legal guardians.
1.3 The use of the App is for end users (private persons) only. The use for commercial or other commercial purposes is expressly prohibited unless there is written permission and agreement with MWC.
1.4 These general terms and conditions apply to all services, which are offered via the App. These specifically apply to PRO FIT and FIT 4 BUSINESS & SPORT.
2. REGISTRATION and further PROCEDURES / OPTIONS
2.1 With the registration the user confirms the acceptance of these general terms and conditions. MWC offers with “Fit in 11 Minutes” an application that works on the common operating systems Apple and Android. The registration of the App is only possible once (i.e. only one user account per user) and completely free for the user. By registering, the user fully agrees to the general terms and conditions.
Registration can be done via the App by internet access. Date of birth, email address, first and last name, gender, weight are entered and saved. These data are of big importance for the following personal training program. In order to maintain anonymity, the username is freely selectable. It is the only decision of the user, whether he/she appears as a user with the real name or with a pseudonym. Also for the free use of the App the user has to enter registration data, that the individual training can be defined.
The app offers the following services:
2.2 The user can train in 5 fitness levels for free and can do one re-check during this period. During or after the free use of the App the user has the opportunity to use the further services by paying for the “PRO FIT” subscription until revocation of the respective subscription period.
2.3 PRO FIT: You can find the current price for the PRO FIT subscription in the App
The PRO FIT subscription is offered with different terms. This subscription is automatically extended by the duration of the agreed term, unless cancellation by the user.
2.4 After registration, the user determines his fitness level by making an entry (Status quo) test (good health required! – see point 2.9). On the start page of the interactive application (App) the individual starting status (fitness level) of the user will be shown. In the course of using the App, the progress of the user will be calculated by the App and displayed as performance percentage.
2.5 The training program is presented in the form of exercises in the context of the App. Additionally the user receives ongoing statistics on performance progress, evaluations, as well as rewards in the form of virtual medals. Activity points are given for trainings. A ranking can be seen in the Hall of Fame.
2.6 The range of services offered in the App can be extended or reduced by MWC at any time.
2.7 The user confirms with his registration: All costs that arise from the Internet provider – during transferring the data from the smartphone to the App – are paid by the user.
2.8 MWC reserves the right to decline users without any reasons.
2.9 Health requirements: The use of the App (including training system and exercises…) is at the user’s own risk and responsibility! We advise everyone to get medical clearance!!
2.10 Add-ons are not part of our service. Gymnastic mats … must be purchased by the user.
3. CONCLUSION OF THE USER CONTRACT
3.1 The conclusion of the user contract is regulated by the various app stores. The user contract is concluded when the user installs (downloads) the App and enters his/her password.
In the case of a paid subscription, the contract is concluded when the user bought the App and enters his password.
3.2. Duration of the user contract: The user contract, which was concluded with the user, is valid for an indefinite period and can be terminated from both sides at any time.
4.TERMS OF PAYMENT
4.1 By purchasing a PRO FIT subscription, the user fee is collected for the agreed term at the time the contract is made. Billing takes place via the provider of the respective store.
The subscription fee will automatically be extended by the agreed subscription running time, unless it is terminated by the user. The user fee will be collected at the beginning of the respective extension period.
4.2 If costs for expenses occure in the event of refusal of payment, MWC shall be entitled to charge the user for the costs / expenses.
4.3 Possibilities of payment are displayed in the user’s App Store.
5. PUSH MESSAGES AND ADVERTISING MESSAGES
5.1 The user agrees that during using the App, motivation (applause and customized advertising messages) are allowed. Push messages can be switched off by the user in the settings of his smartphone. In this case it could be, that the user does not receive important information and is responsible for that.
6. CANCELLATION RIGHT
6.1 If the customer (user) has concluded a user contract, then he may terminate this contract within the period of 14 days and receives all payments back. To withdraw, the user must email MWC to email@example.com and provide personal information data such as name and surname, address, date of conclusion of the contract.
6.2 Expiry of the cancellation rigth: With the first use of the paid App (subscription) the possibility of the right of revocation expires because MWC has already started to provide and execute the service.
7.1 Termination of the User contract by the user: The user has the right to delete the user account at any time and without stating reasons. Thus terminates the user contract. To do this, the user has to delete his profile under “Profile – Settings” (under the same name button “Delete profile”). Please note that with this deletion all data of the user are deleted within a month and the user and MWC have no access to these data anymore. No refund will be made on a PRO FIT subscription in progress.
7.2 Termination of the User contract by MWC: MWC reserves the right to terminate the User contract without stating a reason with a deadline of 2 weeks. In this case, the customer receives the money back for his current subscription aliquot to the term less charges that were paid to the app stores.
7.3 Termination of the PRO FIT subscription by the user: The user may cancel the PRO FIT subscription without giving any reason at the end of the term or at the end of the respective extension period. These in-app subscriptions must be terminated in the respective AppStore. If payment has been made via iTunes, the cancellation must be made at least 24 hours before the end of the minimum extension period or before the end of the respective extension period.
7.4 Termination of subscription by MWC: MWC is entitled to cancel subscriptions 2 weeks before the end of the term or at the end of the respective extension period.
8. MISUSE AND FRAUD
8.1 The user shall protect his / her registration data against fraud, unauthorized access by third parties and misuse. The user shall immediately inform about fraud of his account or unauthorized misuse: firstname.lastname@example.org .
8.2 MWC has the right to close or reject the account of any registered user if there is a misuse or fraud of the account.
8.3 If the user duties are violated, all data may be deleted by MWC.
9. RESPONSIBILITES OF THE USER AND CONCESSION OF RIGHTS
9.1 User Responsibilites:
- Honest execution of the training
- No “faking” of the training programs
- No intentional manipulation of the system
No misuse / fraud by and with the application (see point 8)
9.2 Each user of the App agrees not to transfer his registration data (licence code) to any third party and to put in data truthfully.
9.3 All material provided by MWC (images, videos, audio files, data, etc.) may not be used, copied, distributed or transmitted to third parties without the express permission of the respective copyright holder.
9.4 The user is required to do the trainings truthfully, to handle the personal data carefully and is responsible for himself, which data he passes on.
9.5 The user is required to publish, distribute, store etc. only data or contents (such as videos, voice recordings, pictures, texts, etc.) where he has the permission to use. The user guarantees to have appropriate rights and that the data and content do not affect the rights of third parties. In this regard the user will hold MWC harmless from any claims of third parties against MWC.
9.6 For from the user submitted, published, stored and generated content (User Generated Content) and data, the user grants MWC a non-exclusive, irrevocable, gratuitous content-free, temporally and spatially unrestricted right of use and processing. Furthermore, the user renouces as far as admissable on copyrights, especially the right of being mentioned as an author (author name).
10. SANCTIONS IN CASE OF VIOLATIONS AGAINST THE DUTIES OF THE USER
10.1 MWC can impose the following sanctions:
- Deleting of User data
- Temporary exclusion of the user
10.2 In case of exclusion the user is not allowed to register again. Each newly created account will be deleted immediately without further notice.
11. DATA PROTECTION REGULATIONS
11.1 By using our App “Fit in 11 minutes” the user agrees to the Data protection regulations of MWC.
11.2. The use of the App requires that the user registers personally. Making the registration, the user gives his explicit consent that his personal data and the data collected during training programs etc. are used by MWC as described in the general terms and conditions. The anonymity of the user and his data can be granted for the user by using a pseudonym as “user name / username”. Additionally the user can also anonymise his identity after registration. (Change “User name” under “Settings”).
11.3 Data protection regulations:
For MWC it is very important to handle personal data very carefully and to comply with Data protection regulations. Each user determines whether he is registered under “Username” anonymously or with his name.
11.4 Personal and non-personal information:
MWC uses and stores personal data for the further development of its products and services in order to adapt it to the needs of its users (§4 (1) DSG 2000).
All rights of non-personal information of users are owned by MWC and may be fully analysed, shared by MWC and also handed out to a third party (e.g. to improve, adapt or market services).
11.5 Data of Registration:
In the course of the registration personal data are collected (email, first and last name, date of birth, gender, weight), which are necessary to establish personal training programs. The user can optionally create a profile picture, which can be deleted or changed by himself at any time. The personal data provided by the user are used for the fulfilment of MWC’s services. MWC stores the personal data only for the purpose to realize the service for the user until the user deletes his account.
11.6 Further user data:
MWC collects different data for the evaluation of the training units, such as activity, calorie consumption, work out routes, ranking lists, etc.
MWC optionally offers to athletes, clubs, companies or institutions … an external coaching tool to coach and motivate users in the training process. By agreeing to the general terms and conditions, the user agrees to be coached and registered in the coaching tool.
11.7 Privacy settings:
Privacy: At any time the user may change his settings in his account in relation to his username and so he can maintain his identity by using a pseudonym.
The App and espacially the motivational concept of MWC are based on the publishing of several parameters (activity points and medals) in the Hall of Fame “(ranking). There, the most active users are shown and ranked with their usernames. They appear in the monthly ranking of the most active users. The user can decide whether he wants to appear with real name or pseudonym.
11.8 All personal user data will be treated confidentially by MWC. MWC publishes personal data only with the personal permission of the user. You have the right to cancel your permission at any time.
11.9 MWC is entitled to store individualized user data and statistics. MWC will only pass these data to third parties, if it is legally required or to fulfil judicial or regulatory orders. In addition, MWC is entitled to use the data described above and to take measures that are necessary for the further development of the product and also for scientific reasons. (e.g. promoting a healthy lifestyle).
11.10 Data Security and Technology:
MWC takes extensive precautions to protect users’ data from unauthorized use and access. The protective measures are regularly adapted to technical progress.
11.11 Deleting of data of the user:
If the user deletes his profile / account, all his data will be deleted within a month and he will not be able to access anymore.
11.12. Changes of Data protection regulations:
MWC reserves the right to adapt the Data protection regulations in accordance of the actual law at any time.
11.13 MWC is entitled to store data and pass them on to third parties, as far as this is legally or if it is necessary in a cause of a service (Coaching tool …).
11.14 MWC takes no responsibility for any incorrect content or data submitted by the user.
11.15 WINNING NEWS: With our “WINNING NEWS” you get information about sports, fitness and health. For the registration we need your email address. Of course you have the option to log out of “WINNING NEWS” directly in the news at any time and to revoke your consent.
11.16 Contact Forms: You can contact us through our contact forms on the website of www.fitin11minutes.com.
You agree that we or our designated agents (such as Support) may communicate with you concerning your data to answer your request. At any time, you may revoke this consent: email@example.com.
12. LIABILITY AND WARRANTY
12.1 MWC is liable only within the framework of the existing legal provisions if a damage was caused by MWC grossly negligent or intentionally. In case of slight negligence MWC is not liable to users. This also applies to damage caused by errors, problems, viruses or data loss. MWC is not liable for any health problems. MWC is not liable to companies, e.g. for lost profit, consequential damage, financial loss or claims of third parties.
12.2 The user alone is liable for any damage to his information system (mobile phone, tablet, PC, etc.) by downloading or for loss of data within the App due to downloading and through this occurred data loss as the user continues to use the App
12.3 The user acknowledges and accepts that MWC is under no circumstances liable or in any way responsible for the actions or omissions of other users. MWC is not liable and responsible for any damage caused by omissions of other users.
12.4 The use of the services of MWC by the user is exclusively at the user’s own risk. MWC recommends strongly every user to get a permission for doing the training program by his medical doctor (endurance and strength training).
12.5 The user takes the liability in the cause for disputes, complaints etc. with other users. The user confirms to MWC that MWC is in no way responsible and liable for other users.
12.6 Release from liability: The User holds MWC harmless of all claims. The User holds MWC harmless of all claims that third parties claim against MWC for violation of their rights caused by the User. All costs that occure for disputes (legal assistance, legal fees, etc.) towards MWC are taken over by the user.
12.7 MWC does not guarantee that the App is functioning without mistakes at every time, complete and error free, or that the required software and hardware are working properly.
12.8 MWC does not guarantee and makes no warranty that the data exchange via Internet or telecommunication networks is not tracked, recorded or faked by third parties.
12.9 The translation from German to English was done carefully. MWC does not guarantee the correctness of the translation in English. In case of a dispute, the German text applies.
13. CHANGE THE OF GENERAL TERMS & CONDITIONS AND & DATA PROTECTION REGULATIONS
13.1 MWC reserves the right to change General Terms and Conditions and Data Protection Regulations at any time in accordance with law. The general terms and conditions including the data protection regulations are available in the respective valid version on the App.
13.2 Verbal side agreements do not exist.
13.3 If individual legal provisions of these general terms and conditions become invalid, than they are replaced by provisions that are closest to the invalid provision.
14. MEDICAL CHECK BEFORE USING THE APP
The health of the user is our highest priority. We advise you to consult a doctor before using the application for the first time! MWC does not take responsibility for the actions of users. Our information and advice has been compiled to the best of our knowledge and belief, but does not substitute the information of a doctor or pharmacist. By agreeing to these general terms and conditions, the user confirms that the user is only responsible for his/her health.
15. SALVATORIUS CLAUSE
The invalidity or ineffectiveness of individual provisions of this contract shall not affect the validity of the remaining provisions of the contract. Should a provision of this contract or parts thereof be ineffective or void, this does not lead to the complete elimination of this provision(s). Then those provisions remain valid, which are legally valid or legally permissible and which are closest to the ineffective provisions as well as the intention of the parties.
16. PLACE OF JURISDICTION: GRAZ
Austrian law applies. Austrian law applies excluding collisional and its conflict of laws rules and the exclusion of the UN sale of goods law. For all disputes, Graz (Austria) is agreed as the exclusive place of jurisdiction.
IMPRESSUM AND DISCLOSURE
My Winning Coach GmbH
GF Dr. Michael Reinprecht
Neufeldweg 147 / m
UID: ATU 67560855
FN 383622a of the Regional Court of Graz
Member of the Styrian Chamber of Commerce
Purpose: Management consultancy including the corporate organization according to § 94 Z. 74 GewO 1994
Supervisory Authority acc. ECG: Magistrate Graz
Regulations: Gewerbeordnung www.ris.bka.gv.at
Software Development: Codeshaped
Photos: Winning Management Seminars GmbH, My Winning Coach GmbH., fotalia, iStock