Terms & Conditions

Definitions and scope
1. Medicalmotion GmbH, represented by the managing director Sven Klimpel, Base Co-Working Space, Blumstrasse 15, 80799 Munich, Germany, District Court Munich, HRB 251 555 ("Provider") develops and operates the website www.medicalmotion.de ("Website") ) and the medicalmotion application ("App"). Via the website and the app, the provider offers guided fitness exercises for the prevention and elimination of tension and pain, for improving mobility and for relaxation for registered users for a fee ("coaching"). Knowledge podcasts are also offered by the provider's experts. “Users” are all natural persons who use the website, the app and / or the coaching offered therein.
2. The present General Terms and Conditions ("GTC") in the version valid at the time the contract is concluded apply to the entire range of services offered by the provider.
3. Contradicting, deviating or supplementary terms and conditions of the user do not become part of the contract, unless the provider expressly agrees to their validity in writing. These terms and conditions also apply if the provider carries out services without reservation in the knowledge of conflicting or deviating terms and conditions of the user without having previously given his consent in writing.
Health status of the user
1. A stable general state of health is a prerequisite for using the coaching. The user assures that he meets this requirement.
2. Neither the provider nor the coaching or the knowledge podcasts offer a medical or therapeutic diagnosis, recommendation or treatment.
3. Users who need or have received medical or therapeutic diagnoses, recommendations or treatments must speak to their doctor or therapist before using the coaching.
4. You use the coaching at your own risk. If the user feels pain or discomfort during or after using the coaching, they should stop the coaching and, if necessary - at their own discretion - consult a doctor.
5. The provider is entitled to make the use of the coaching dependent on suitable proof of the identity and / or the usability of the user.
Range of services
1. The provider's coaching is offered through an interactive software-based medical application for online support for various physical complaints and for prevention. For this purpose, the website and the app provide in particular a complaint check, guided fitness exercises in the form of videos in real time, recommendations for action and exercise, tracking tools and live chats (“range of services”).
2. The provider is continuously developing the software and its content. New functions can be introduced and existing ones replaced by new ones or removed without replacement.
Registration and use
1. The registration of the user and a fee-based membership (weekly, 3 months, 6 months or 12 months duration) or other authorization (assumption of costs or trial membership) are prerequisites for using the range of services. The costs of the respective membership are shown to the user when ordering.
2. Access to the content of the range of services is only possible during the term of membership.
3. The registration requires the entry of a valid activation code as well as the truthful entry of the data to be entered by the user in the respective input mask. Registration in the name of a legally competent third party - regardless of their consent - as well as multiple registrations of a user under different names or email addresses are not permitted. The provider expressly reserves the right to check the data provided during registration by means of suitable measures.
4. With confirmation of the registration by the provider, a contract for the use of the range of services is concluded between the provider and the user.
5. The registration requires the minimum age of the user of 18 years or the express consent of the legal guardian.
Activation code
1. The activation code is used to activate the range of services and is sent to the user by e-mail or post after the subscription has been ordered for a fee. In the case of a business cooperation, the user may receive the activation code directly from their employer. The same applies to the assumption of costs with other authorization.
2. Trial memberships also require an activation code.
Contract term and termination
1. The term of the respective membership begins with the conclusion of the contract.
2. The chosen term of membership applies as the minimum contract term. A cancellation of monthly memberships is only possible at the end of the term of the membership with a notice period of 2 weeks. If the membership is not canceled, it is automatically extended by the contractually agreed period under the same conditions.
3. The weekly membership runs for an indefinite period. It can be terminated at any time to the end of a full contract week.
4. A trial membership ends automatically when the trial period expires. The user can take out a paid membership at any time during the trial period or after it has expired.
5. Membership from a cost assumption (business cooperation, other authorization) ends automatically.
6. After membership ends, no content can be accessed in the app. However, the data entered by the user remains stored for his user profile.
7. The right to extraordinary termination for good cause remains unaffected.
Blocking of access
1. The provider reserves the right to block the user's access in the event of justified suspicion of improper use or significant breach of contract. The user must be heard immediately. If the suspicion can be dispelled, the blocking will be lifted and the membership term will be extended by the period of the blocking. Otherwise the provider has an extraordinary right of termination.
2. If the contract ends due to extraordinary termination before the minimum contract term has expired, the user remains obliged to provide full consideration up to the point in time of the possible ordinary termination.
User obligations
1. To use the website, app and coaching, the user himself must provide the necessary hardware and software facilities as well as the necessary network and data volume.
2. If the user does not clearly understand the coaching or advice, he can contact the provider before carrying out the coaching or advice in order to resolve any questions or ambiguities.
3. The user must keep his access data, in particular the password he has chosen, secret at all times and take appropriate measures to prevent any access by third parties. The user is obliged to inform the provider immediately if there are indications that the access data can be used without authorization. The user is liable for any misuse.
Copyright protection, prohibition of reproduction
1. The contents of coaching and knowledge podcasts (e.g. videos, audio, images, texts, software) are protected by copyright. Their use is subject to the applicable copyrights.
2. Any rights to coaching content and knowledge podcasts, in particular the copyright usage and exploitation rights in the provider-user relationship, belong exclusively to the provider.
3. Saving or archiving the provided content outside of the website or the app is not permitted.
4. Passing on or offering the coaching content to third parties is also not permitted.
5. Any commercial reproduction of the copyrighted content or commercial disclosure to third parties is not permitted and legal action will be taken.
6. The user is prohibited from removing copyright notices, trademarks and other legal reservations from downloaded content.
questionnaire
1. As part of the registration process, the user is asked to answer a few questions about himself and about any complaints or prevention interests. This is to determine which body region is individually affected and with which pain / tension intensity it is provided. The answers are the basis for the conception of the service offers made available.
2. The data collected in this way will only be anonymized in the event of a successful registration and stored on the basis of the provider's data protection regulations.
Availability
1. The provider's digital range of services is generally available 24 hours a day, seven days a week. This does not apply to the times in which data backup work is carried out and system maintenance or program maintenance work is carried out on the system or the database. The provider will keep the resulting disruptions as low as possible.
2. The provider has no influence on disruptions that result from circumstances for which the provider is not responsible, in particular due to force majeure. The provider will inform the user by e-mail about scheduled restrictions on the availability of the range of services.
liability
1. The physical condition of each individual user is different. The health of every individual depends on many specifics. The success of the coaching also depends on numerous factors over which the provider has no influence. Consequently, no guarantee can be given for the success of a coaching.
2. The provider does not assume any liability or guarantee for the intended functionality and availability of the coaching content.
3. Liability on the part of the provider to ensure that the functionality and availability meet the medical needs of the user is excluded, in particular, if the user has provided incorrect or incomplete information.
4. The provider assumes no liability for health damage caused to users due to improper execution of the coaching content and / or due to recognized or unrecognized previous illnesses.
5. The provider is not liable for any damage caused to the user due to the unavailability or technical disruption of the service. Any reduction in the membership fee paid remains unaffected.
6. The provider excludes any liability for negligent breaches of duty, unless it is damage from injury to life, body or health or guarantees.
7. The aforementioned exclusions of liability also apply to breaches of duty by vicarious agents and their legal representatives of the provider.
8. The provider expressly assumes no liability for third-party services marked as such. In this regard, reference is made to the respective contract and data protection provisions of the respective third party provider.
9. Liability in accordance with the Product Liability Act remains unaffected.
User data and confidentiality
1. The user is advised that the provider collects, processes and uses personal inventory and usage data in machine-readable form within the scope of the intended purpose of the contractual relationship. All personal information will be handled confidentially. The data protection declaration can be viewed here.
2. The contracting parties undertake to treat as confidential information from the other party's area that becomes known to them in the course of the performance of the contract.
Revocation instruction, dispute settlement and contract text storage
1. Users who are consumers within the meaning of Section 13 of the German Civil Code (BGB) have a statutory right of withdrawal.
2. A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity (§ 13 BGB).
3. Right of withdrawal:
  1. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
  2. To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period expires.
  3. Your right of withdrawal expires prematurely if we have provided the service in full and have only started to perform the service after you as a consumer have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal if we have fully fulfilled the contract.
4. Consequences of the withdrawal:
  1. If you cancel this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
  2. If you have requested that the services should begin during the cancellation period, you have to pay us a reasonable amount in comparison to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract corresponds to the total scope of the services provided for in the contract. If our service was previously free of charge, you are not entitled to a refund.
5. Model withdrawal form
  1. (If you want to withdraw from the contract, please fill out this form and send it back.) Medicalmotion GmbH, Base Co-Working Space, Blumstrasse 15, 80799 Munich,
    contact@medicalmotion.de

I / we hereby withdraw (*) 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 the Consumer (s) ______________

Address of the consumer (s) _______________
(only when notified on paper)

Date _______________ (*) Delete as appropriate.

As an online company, the provider is obliged to refer the customer as a consumer to the platform for online dispute resolution (OS platform) of the European Commission. This OS platform can be reached via the following link: https://webgate.ec.europa.eu/odr. However, the provider does not take part in a dispute settlement procedure before a consumer arbitration board.
The provider does not save the text of the contract.
Changes
1. The provider has the right to change these general terms and conditions at any time with effect for the future.
2. An intended change will be communicated to the user by e-mail to the last e-mail address given to the provider. The respective change becomes effective if the user does not object to it within two weeks after sending the email. Timely submission of the objection is decisive for compliance with the two-week period.
3. If the user objects to the change within the two-week period, the provider is entitled to terminate the contractual relationship as a whole without notice.
4. If the contractual relationship is continued after the effective objection by the user, the previous general terms and conditions remain valid.
Applicable Law and Jurisdiction
1. German law applies exclusively.
2. The place of jurisdiction for all disputes is Munich, provided that the user is an entrepreneur, a businessman or a legal entity under private or public law. The same applies to users who do not have a general place of jurisdiction in Germany or another EU member state or who have relocated their place of residence abroad after the conclusion of the contract or whose place of residence or usual place of residence is not known when the action is brought or they do not have a general place of jurisdiction in Germany.
Final provisions
1. The user can print or save these terms and conditions using the browser function. The user can also download and archive this document in PDF form by clicking here . To open the PDF file, the free Adobe Reader program (at www.adobe.de) or a comparable program that can handle the PDF format is required.
2. Should individual provisions of these terms and conditions including this provision be or become wholly or partially ineffective, the validity of the remaining provisions shall remain unaffected. In place of the ineffective or missing provisions, the respective statutory regulations apply.

Status: June 2020