Terms and Conditions
for the use of KraftApp

Introduction

We, KraftApp, pursue a great vision: We want to improve the experience during training at Kieser Training Studio thanks to digital possibilities. In doing so, we aim to improve your training results and support you with more information and options to achieve your goals.

The following General Terms and Conditions establish the legal framework for the use of KraftApp and the services we offer. Please read these General Terms and Conditions carefully.

Scope of Application

Contractual Partner and Subject Matter

These General Terms and Conditions form the basis for the usage contract concluded between you and us, KraftApp, c/o westhianApps, Gempenstrasse 10, 4104 Oberwil (hereinafter referred to as "us" or "we"). The subject of this contract is the free or paid use of the services offered by us under the name KraftApp through our software applications (hereinafter individually referred to as "KraftApp Service" and collectively as "KraftApp Services" or generally as “KraftApp”).

Prerequisite for Participation

The prerequisite for opening a user account and using the KraftApp Services is that you are already 18 years old and fully legally competent.

KraftApp is exclusively aimed at consumers. A consumer is any natural person who concludes a legal transaction for purposes that predominantly are neither commercial nor self-employed professional activity. The use of KraftApp for commercial or other commercial purposes is expressly prohibited.

Supplementary Conditions

We reserve the right to agree on supplementary conditions for individual KraftApp Services. However, we will inform you in good time before using them.

Services and Prices

Paid and Free Services

The range of KraftApp Services contained and usable by you is free of charge. We reserve the right to offer parts of the scope as paid services at a later date.

Please note that KraftApp can be used in addition to your subscription at Kieser Training, but the use of KraftApp does not include a subscription to Kieser Training.

Voluntary Financial Support

The KraftApp Services are intended to be used free of charge by all users. To finance ongoing costs and further development, the app can be financially supported.

The support takes place with a subscription system, where a regular amount can be paid. The implementation is done via the subscription management of the app stores (see also "Duration").

All revenues, less taxes and fees, are used for the operation and further development.

Your Health

Health Prerequisites

The use of KraftApp Services is at your own risk.

The prerequisite for using the KraftApp Services is, in any case, a good general state of health. If you are aware of pre-existing conditions, we strongly recommend that you seek medical advice before starting to use the KraftApp Services.

In general: Pay attention to your body's signals. If you have any doubts about your health before starting or during the use of KraftApp (e.g., because you experience significant pain, general discomfort, shortness of breath, nausea, or dizziness), consult your doctor before you start or continue with KraftApp.

No Substitute for Medical Advice

The services and information offered within KraftApp and the KraftApp Services are neither medical nor medical advice. They also do not replace a medical examination or treatment.

User Account

Registration Process

To use the KraftApp Services, you must first register and open a user account. It is sufficient if you open a user account once, even if you want to use different KraftApp Services, e.g., via different apps. During registration, we will ask you to accept these General Terms and Conditions and the Privacy Policy. After registration, we will send you the access PIN to your email for security reasons.

Delete Account

The user has the right to delete his account and thus all data associated with it. For deletion, the user must contact KraftApp support.

Automatic Deletion of Accounts

Accounts that are inactive (no activity for 18 months) are automatically deleted by KraftApp. Before deletion, a one-time warning is sent by email to the stored email address, in which the user has the opportunity to reactivate the user account.

Paid Services

To provide paid services, we request additional data, such as payment information, to execute your order or your assignment. We store these data in our systems until the legal retention periods have expired.

Payment Terms

Collection of Fees

When purchasing additional services by paying a one-time fee, the fee is collected at the conclusion of the contract.

When purchasing a subscription, the fee is collected in advance at the time of contract conclusion for the respective minimum term. If the subscription automatically extends, the fee is collected in advance at the beginning of each renewal period. Deviating applies if the fee is collected via iTunes; there, the fee is collected 24 hours before the start of the respective billing period.

Default

We reserve the right to make further claims due to late payment.

Payment Methods

If you purchase KraftApp services for a fee via in-app purchases, billing is done through the provider of the respective store. Please inquire with this provider about the available payment methods.

If costs and/or expenses are incurred for us if a payment is rejected and you are at fault for this (e.g., because the account is not covered or the credit card limit has already been exhausted), we are entitled to invoice you for the incurred costs and/or expenses in the actual amount.

If fees are incurred for you when using a payment method, we will inform you during the purchase process. Payment method providers may offer you a payment by installments against a fee at their own discretion. This fee is charged directly by the respective payment method provider and is therefore to be paid directly to them. The terms and conditions of the respective payment method provider apply. Please note that we cannot refund these fees in the event of a revocation.

We reserve the right, for legitimate reasons, to not offer certain payment methods for every purchase and to refer to other payment methods.

You are obliged to observe our health notices.

Copyrights

The copyright and all other rights to content, images, photos, or other files in "KraftApp" belong exclusively to the operator or the specially named right holders. For the reproduction of any files, the written consent of the copyright holder must be obtained in advance.

Anyone who commits a copyright infringement without the consent of the respective right holder may be liable to prosecution and possibly liable for damages.

Liability

Liability for Services Provided Free of Charge

In the case of services provided free of charge, we are liable, regardless of the legal basis, exclusively for damages due to intent and gross negligence or the absence of a guaranteed feature. In the case of intent, we are generally liable without limitation. In the case of gross negligence and the absence of a guaranteed feature, our liability is limited to direct damages. Otherwise, our liability is excluded.

Liability for Paid Services

In the case of paid services, we are liable, regardless of the legal basis, for damages due to intent and gross negligence or the absence of a guaranteed feature generally without limitation. The liability for slight negligence is excluded.

Otherwise, our liability is excluded.

Product Liability

Claims under the Product Liability Act are not affected by the aforementioned liability exclusions or limitations.

Rights of Use to Content

The services we offer include, depending on which services you are activated for or which you have purchased, copyrighted or otherwise protected content to which we hold the respective rights. We grant you a simple and non-transferable right to use these contents in a non-commercial form within the framework of the contractual provisions. For clarification, we point out that, in particular, the distribution or public accessibility of our content by you is not permitted. The right to use expires if you are no longer activated for the respective service or with the termination of the usage relationship.

Responsibility for User-Generated Content

No Responsibility for Third-Party Content

You are solely responsible for content that you upload within the KraftApp Services. We do not adopt this content as our own. However, we expressly reserve the right to check these contents for their legality and to not activate them or to remove them without prior notice in case of doubts. It is prohibited for you to advertise commercial websites or other products via your user account.

No Legal Violations

You are obliged to comply with all applicable laws and other legal regulations when providing your own content. Regardless of whether this constitutes a criminal offense, it is generally prohibited to provide content that is pornographic, sexual, violent, racist, inciting hatred, not suitable for minors, discriminatory, offensive, and/or defamatory in nature.

Furthermore, you are obliged not to violate the rights of third parties. This applies in particular to the personal rights of third parties as well as intellectual or industrial property rights of third parties (e.g., copyright, trademark rights, etc.). You must also be the owner of the required rights to your profile picture and other photos you have posted.

We are at any time entitled without prior notice to delete or remove content that is unlawful or violates the aforementioned principles. If you violate the aforementioned principles, we are entitled to warn you, temporarily block your user account, or terminate the usage contract for an important reason.

Indemnification

In the event that you violate the mentioned principles and are at fault (i.e., have acted negligently or intentionally), you are obliged to indemnify us from claims of third parties due to such a violation. The indemnification also includes the costs of an adequate defense. You are obliged to cooperate in clarifying the matter in dispute. We reserve the right to claim damages and other claims.

Termination of Contract

Usage Contract

You have the right to delete your user account at any time and without giving reasons, thus also terminating your user contract. To do this, you only need to make the necessary settings in your profile. Please note that upon deletion of your user account, all content and training services you have posted may be deleted by us and you will no longer have access to previously purchased content. If you have an ongoing subscription or have booked an additional service whose term has not yet ended at the time of deleting your account, any amount already paid by you will not be refunded - not even pro rata.

We are entitled to terminate the usage contract without giving reasons with a notice period of two (2) weeks in text form, at the earliest, however, at the end of the minimum term or the respective renewal period of your subscription and/or at the end of the term of a one-time paid additional service.

Subscription

Each subscription for a KraftApp Service must be cancelled individually. You can cancel the respective subscription at any time without giving reasons, effective at the end of the minimum term or the end of the respective renewal period.

We are entitled to cancel any subscription at the end of the minimum term or the end of the respective renewal period with a notice period of two (2) weeks in text form.

Termination for Cause

The right to terminate for cause remains unaffected for both parties. We are in particular entitled to terminate the usage contract or your subscription with immediate effect and delete your user account if you seriously or repeatedly violate the provisions of the user contract and/or these General Terms and Conditions or are in default with your payment obligations despite a reminder.

Personal Data

We process your personal data in accordance with our privacy policy, which you can access in its current version at getkraft.app/privacy. The privacy policy, in particular, regulates and informs about the extent to which your personal data is visible to other users and what options you have to control the disclosure to other users.

Online Dispute Resolution

The EU Commission provides a platform for extrajudicial dispute resolution. This gives consumers the opportunity to resolve disputes related to their online order initially without judicial intervention. The dispute resolution platform can be found here: https://ec.europa.eu/consumers/odr/

Consumer information: Non-participation in a dispute resolution procedure.

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. You can find our email address in the imprint.

Changes to the General Terms and Conditions

We reserve the right to change these General Terms and Conditions for the future if this is necessary due to changed legal, regulatory, or technical conditions and the changes are reasonable for you considering your interests in good faith. We will inform you by email at least two (2) weeks before the planned entry into force of the new version of the General Terms and Conditions about the changes. If you do not object to the validity of the new General Terms and Conditions within this period and continue to use KraftApp, the new General Terms and Conditions are considered accepted. In the event of objection, we expressly reserve our ordinary termination rights. We will also separately inform you again about your right to object, the deadline for this, and the legal consequences of your silence or an objection.

Introduction

We, KraftApp, pursue a great vision: We want to improve the experience during training at Kieser Training Studio thanks to digital possibilities. In doing so, we aim to improve your training results and support you with more information and options to achieve your goals.

The following General Terms and Conditions establish the legal framework for the use of KraftApp and the services we offer. Please read these General Terms and Conditions carefully.

Final Provisions

Applicable Law

Only Swiss law is applicable between the parties. In business transactions with consumers within the European Union, the law of the consumer's residence may also be applicable, provided that it concerns mandatory consumer law provisions.

Place of Jurisdiction

If you do not have a general place of jurisdiction in Switzerland or in another EU member state, have moved your permanent residence outside of Switzerland and the EU after these General Terms and Conditions have become effective, or if your residence or usual place of stay is not known at the time of filing a lawsuit, the exclusive place of jurisdiction for all disputes arising from this contract is our business location.

Contract Language

The contract language is German.

Severability Clause

If individual provisions of these General Terms and Conditions are or become invalid or void in whole or in part, this does not affect the validity of the remaining provisions.

Provider Information

KraftApp
c/o westhianApps
Gempenstrasse 10
4104 Oberwil
Email: support@getkraft.app
Managing Director: Sebastian Westhues

Storage Option and Access to Contract Text

These General Terms and Conditions can be viewed at getkraft.app/terms. If you want to permanently save these General Terms and Conditions on a data carrier, you can download them as a "pdf" file via your browser. Please consult the instructions of your browser software if you need help with saving. To open a "pdf" file, you may need a special program like the free Acrobat Reader or a similar program that handles "pdf" files. Version: 09.02.2021