General Terms and Conditions
Mateo Health GmbH
- Mommymove -
These General Terms and Conditions (hereinafter "GTC") govern the use of all services of Mateo Health GmbH (hereinafter "Mommymove" or "We") available to natural persons (hereinafter "User" or "You") via various interfaces (e.g. Mommymove websites or Mommymove apps).
These GTC shall apply exclusively. Differing terms and conditions shall not be accepted.
1.3. Amendments to the General Terms and Conditions
1.3.1. Amendments to these GTC shall be offered to User in written form at the latest 2 weeks prior to the proposed effective date. User's consent shall be assumed if User does not communicate refusal prior to the proposed effective date of the amendment. Mommymove shall point out this assumption of consent in particular in the amendment offer.
1.3.2 The process outlined in clause 1.3.1 shall not be used for amendments concerning the contractual balance between Mommymove's services and counter performance by User.
1.4. Data Protection
Information concerning the safe use of User data can be found in the Mommymove Privacy Notice, cf. also clause 9 of these GTC.
2. CONTRACTUAL RELATIONSHIPS, REGISTRATION REQUIREMENTS AND REGISTRATION
2.1. Services Offered
Registered Users have the opportunity to subscribe to use the digital fitness program for mothers. By subscribing, the registered User enters into a contractual relationship with Mommymove in addition to the licence agreement concluded during registration.
2.2.1. The following conditions must be met to register for Mommymove:
(a) Age of Majority: User must be eighteen or older.
(b). Legal Capacity: User must be authorised to conclude a legally binding con-tract with Mommymove and furthermore not be impeded from doing so under applicable law.
2.2.2. For registration, User must have a valid e-mail address and a personal password known only to User. We also need User's first and last names.
2.2.3 The licence agreement becomes effective,
(a). when User registers via the Mommymove website, after the registration data has been confirmed and submitted through Mommymove's activation of the User profile.
(b) when User registers via the Mommymove app, in accordance with the applicable rules of the app store provider.
2.2.4 The licence agreement is a personal agreement and not transferable.
2.2.5. User assures that the information she provides is true, correct and complete and undertakes to keep the information updated during the contract term. Mommymove reserves the right to demand supporting evidence from User to verify User's identity and information.
2.2.6. User must ensure that the e-mail address she provides is accessible from the time that she provides the e-mail address and that the e-mail account is not unable to re-ceive e-mails due to forwarding of emails, closure of the email account, or a full inbox.
2.3 User Account
2.3.1 With the data provided upon registration (cf. clause 2.2.2), User will receive access to her user account via the Mommymove website as well as the Mommymove app, in which User can amend the data that she has provided.
2.3.2. At its own discretion, Mommymove is entitled to delete user account with incomplete or incorrect information or for other material reasons.
3. SUBSCRIPTIONS AND PAYMENT
3.1. Concluding a Subscription
3.1.1 Prior to concluding a subscription, User shall be informed of the content of the respective service, prices and payment terms.
3.1.2 The requirements for forming a subscription contract when registering via the Mommymove website are
(b) acceptance by Mommymove (e.g. also by Mommymove providing the service ordered).
3.1.3 If registration is done using the Mommymove app, the formation of a subscription contract shall conform to the applicable rules of the app store vendor.
3.1.4 User's authorisation within the scope of the subscription is personal and not transfera-ble.
3.2 Fees, Due Date, Exclusion of Set-Off
3.2.1 The agreed fees are understood to include statutory VAT. They are to be paid in advance and are due immediately. Fees shall not be refunded unless otherwise agreed in writing or stipulated by law.
3.2.2 If User unjustifiably fails to pay an amount due, Mommymove shall, after a prior reminder, be entitled to temporarily block User's access to the digital fitness program for mothers until the payment owed has been received by Mommymove. The contract term shall remain unaffected by the temporary block. User shall compensate Mommymove for damages that Mommymove incurs from the non-payment or late payment unless User is not responsible therefor.
3.2.3 Mommymove is entitled to send invoices and reminders in digital form by email to the email address provided by User.
3.2.4 User shall only have a right to offset with respect to Mommymove if her counterclaim is established in law, ripe for adjudication or not disputed by Mommymove. User shall only have a right of retention if and to the extent to which her counterclaim is based on the same contractual relationship.
4. CHANGE IN MOMMYMOVE SERVICES
Mommymove offers Users a digital fitness program for mothers within the scope of the subscription contract. As We work constantly to refine and improve our fitness program, we reserve the right to regularly change the individual fitness exercises offered to User within the scope of the subscription. User's claim to a complete fitness program shall remain unaffected thereby.
5. REFERENCE TO STATUTORY RIGHT OF WITHDRAWAL
Please note the references below concerning the statutory right of withdrawal for consumers.
6. USER RESPONSIBILITIES, PROHIBITED CONDUCT
6.2. Prohibited Conduct
6.2.1. The following conduct is prohibited in particular:
(a) Using a false identity, false information;
(b) Sharing access codes or passwords or using others' access codes or passwords, particularly in order to obtain unauthorised fee-based services for your-self or third parties;
(c) Any commercial use of Mommymove services which is not expressly authorised by Mommymove, particularly sharing them for a fee or using them for purposes of advertising your own services or the services of third parties;
(d) Impairing the function of Mommymove services (e. g. manipulation, introducing computer viruses, circumventing technical restrictions);
(e) Copying, "ripping" or imitating the services in whole or in part or investigating or analysing their technical functionality.
6.2.2 In case of violations, Mommymove shall be entitled to extraordinary termination of the contractual relationship with User; Mommymove shall first provide warning concerning the breach if the requirement of a prior warning is not dispensable according to the statutory provisions. Further claims or legal claims, e.g. for compensation for damages, shall remain unaffected. In the case of criminal offences, Mommymove reserves the right to disclose data concerning User to the competent authorities within the scope of the legal provisions.
7. CONTRACT TERM, AUTOMATIC RENEWAL, TERMINATION
7.1.1 With the successful opening of a user account and the associated acceptance of the GTC, a licence agreement is concluded between User and Mommymove free of charge for an indefinite period.
7.1.2 With the existing user account, the User may also conclude additional fee-based subscriptions, cf. clause 3.1. These subscriptions shall be automatically renewed 24 hours prior to the expiry of the stipulated term for the agreed term, for a maximum of one year, if neither User nor Mommymove terminates them beforehand.
7.2 Trial Subscriptions, Coupons and Rebates
7.2.1 In the event that User has concluded a trial subscription, the subscription will become fee-based upon expiry of the trial period if User does not terminate 24 hours prior to expiry of the trial period; clause 6.3.3 shall apply accordingly for termination. If User does not timely terminate the trial subscription, the trial subscription shall change to a fee-based subscription having the terms and conditions selected when the trial subscription was concluded.
7.2.2 Upon expiry of the trial period, the agreed subscription fees shall become due and will be invoiced automatically for the agreed period.
7.2.3 If Mommymove offers rebates and/or coupons, they shall only be valid within the period specified. These GTC shall also apply for Users who use Mommymove services with a rebate and/or coupon. User may not combine rebates and coupons un-less otherwise specified by Mommymove. Furthermore, a retroactive credit for a cou-pon against a previous purchase is not possible, nor is a cash payment for a coupon.
7.3 Termination of Subscriptions
7.3.1 User is entitled to terminate a subscription at any time without providing any reason with effect at the end of the respective contract term for the subscription.
7.3.2 Mommymove is entitled to terminate a subscription with two weeks' notice in writing prior to the end of the respective contract term.
7.3.3 To be effective, termination of a subscription which User concluded via the Mommymove website must be done by User using the termination function on the Mommymove website or by making a declaration in written form (e.g. letter, fax, e-mail to email@example.com). To be effective, termination by Mommymove must be made by declaration in written form to the email address provided by User. Subscriptions concluded using the Mommymove app must be terminated by User in the settings of the respective app store. You can find further information about this with the respective app store providers.
7.4 Termination of the License Relationship
7.4.1 A User's user account shall remain in place after the subscription contract is terminated.
7.4.2 User may erase her own user account at any time without providing any reason and thus terminate the license agreement between Mommymove and User. To do so, User must log in to the Mommymove website (www.mommymove.com) and take the appro-priate actions in her account. After User has erased the account, Mommymove shall be entitled to erase all content and other data generated by User. By erasing the account, User also loses access to all content already purchased. Mommymove shall not refund - even on a pro rata basis - amounts paid for subscriptions still running at the time of erasure or for other additional services purchased for a fee. Erasure of the user account does not include termination of the ongoing subscription. Subscription must be terminated separately by the User.
7.4.3 Mommymove is entitled to terminate the licence agreement with User without giving any reasons with two weeks' notice in written form. In the case that User uses a subscription, Mommymove's termination pursuant to clause 6.3.1 is possible at the earliest at the end of the contract term for the ongoing subscription.
7.5 Termination Without Notice
8. LIMITATION OF LIABILITY
8.1 Use of Mommymove services is made at User's own risk. Mommymove is excluded from liability in this respect unless liability ensues pursuant to the clauses below.
8.2 Mommymove shall be liable for damages sustained by User only to the extent that (1) Mommymove or its legal representatives or agents caused such damage wilfully or by gross negligence, (2) there is injury to life, body or health based on a violation of obligations by Mommymove or one of its legal representatives or agents, (3) it is a case of liability according to product liability law or due to fraudulent misrepresentation and (4) it is a breach of an obligation, the fulfilment of which is essential to the proper performance of the license or subscription agreement and on whose fulfilment User regularly relies and may rely (material obligation).
8.3 Mommymove shall have unlimited liability in cases (1), (2) and (3) of clause 8.2 above. Otherwise, the claim for damages shall be limited to those damages which are foreseeable and typical of the contract.
8.4 In cases other than those specified in clause 8.2 and irrespective of the following paragraph, Mommymove's liability is excluded, regardless of the legal grounds.
8.5 The above limitations of liability apply respectively to all governing bodies, employees and agents of Mommymove. They do not affect any change in the statutory burden of proof.
9. DATA PROTECTION
10. FINAL PROVISIONS
10.1 The law of the Federal Republic of Germany shall apply to the contracts between Mommymove and User excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions concerning the limitation of the choice of law and the applicability of mandatory provisions, particularly those of the country in which User maintains her ordinary residence, shall remain unaffected.
10.2 There are no verbal or written collateral agreements.
10.3 Should individual provisions of the respective contract be or become invalid in whole or in part, the contract shall otherwise remain valid. The invalid provisions shall be replaced by the statutory provisions should they exist. However, if this would present an undue hardship for User, the contract shall become invalid in its entirety.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without providing any reasons.
The withdrawal period expires after fourteen days from the day on which the contract was concluded.
To exercise your right of withdrawal, you must inform us (Mateo Health GmbH, Steinerner Weg 10, 97276 Margetshöchheim, E-mail: firstname.lastname@example.org, Phone: +49 931 4605271, Fax: +49 931 4605272) of your decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by mail, fax or e-mail). You may use the attached model withdrawal form, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse you all payments that we have received from you without delay and at the latest within fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same payment method that you used for the original transaction unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement.
If you requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of services already rendered up to the date on which you notify us of your exercise of the right to withdraw with respect to this contract compared to the overall scope of services provided in the contract.
Exclusion of the right of withdrawal
The right of withdrawal is excluded in respect of contracts
- for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is determinant, or
- clearly tailored to the personal needs of the consumer,
- for the supply of goods that could spoil quickly or whose expiration data will soon pass,
- for the supply of sealed goods that are not suitable to return for reasons of protecting health of hygiene if their seals were removed after delivery,
- for the supply of goods if they, due to their nature, were inseparably mixed with other goods,
- for the supply of audio or video recordings or computer software in a sealed package if the seal was removed after delivery,
- for the supply of newspapers, magazines or illustrated magazines except for subscription contracts.
END OF WITHDRAWAL INSTRUCTION
MODEL WITHDRAWAL FORM
[If you wish to withdraw from the contract, please fill out this form and send it back.]
To Mateo Health GmbH, Steinerner Weg 10, 97276 Margetshöchheim, Germany, Fax: +49 931 4605272, E-mail: email@example.com:
I/we hereby give notice that I/we withdraw from the contract that () I /we () concluded pertaining to
the sale of the following goods () / the provision of the following service ():
Ordered on () / received on (): __
Name of consumer: __
Consumer's e-mail address: ___
Consumer's address: __
Consumer's signature (only if this form is notified on paper): __
(*) Cross out as appropriate
END OF MODEL WITHDRAWAL FORM
Conditions and important information
for the use of the digital fitness programs for mothers
(hereinafter referred to as "User" or "You")
1. PRELIMINARY NOTE
1.1. Mommymove's digital fitness program for mothers is an accompanying exercise program for new mothers who want to get back into shape after their baby is born. Accordingly, the exercise program is physically strenuous.
1.2. As mothers are in a special and delicate physical condition after giving birth, this exercise program may only be used pursuant to the following provisions.
2. CONDITIONS FOR PARTICIPATION
Users may only participate in this exercise program if any and all of the following conditions are met:
- the date of the birth must have been more than eight weeks ago;
- the final examination by your attending physician must be positive and lack any findings;
- the User must be in generally good physical condition (cf. also clause 6); otherwise, for example in the case that you feel discomfort, pain, other symptoms or other signs of illness, we strongly advise against using our exercise program.
3. EXERCISE ONLY IN CONSULTATION WITH YOUR ATTENDING PHYSICIAN OR PHYSICAL THERAPIST
The exercise program for new mothers created by Mommymove is physically strenu-ous and not equally suited to every life situation or every person's body. Potentially, in-dividual exercises could even be harmful for you. As every mother is different and be-cause we cannot verify your physical condition or circumstances, we strongly urge you to consult a physician or physical therapist prior to beginning these workouts to determine whether this exercise program is appropriate for you.
4. NOT MEDICAL ADVICE; NOT PHYSICAL THERAPY
The information and services provided by Mommymove over the course of the exer-cise program for new mothers do not constitute medical advice or physical therapy. Therefore, in no case do they substitute for medical or physiotherapeutic examination and/or treatment.
5. PARTICIPATION IN A POSTNATAL EXERCISE CLASS
This exercise program for new mothers is an accompanying exercise program and under no circumstances does it substitute for participation in a postnatal exercise class after giving birth. In fact, Mommymove expressly recommends that all mothers participate in a postnatal exercise class led by trained personnel after giving birth, par-ticularly in order to better understand relevant physical limitations after giving birth and to get the most out of the accompanying exercise program for new mothers.
6. SIGNIFICANT MEDICAL HISTORY
As noted in clause 2, you must be in generally good physical condition to participate in the exercise program for new mothers. Therefore, you should clarify with your attend-ing physician whether this criterion is met.
In our experience, the following pre-existing conditions in particular make participation in this exercise program for new mothers inadvisable:
- Diseases of the cardiovascular system,
- Respiratory diseases,
- Problems with the spinal column and the rest of the musculoskeletal system,
- Neuromuscular diseases,
- Surgical interventions
The use of Mommymove services is not suitable for pregnant women or diabetics.
7.1 User is advised to avoid overexertion and sudden movements in order to minimise risk of injury.
7.2 Please stop exercising immediately if you begin to feel discomfort or one or more of the following symptoms: pain, dizziness, nausea, abdominal pain, shortness of breath or other symptoms.
We hope you enjoy your workout!
Your Mommymove Team