General Terms and Conditions
1. Introduction
The fitloxx app is a fitness app with which we would like to provide you with a tool to help you achieve your athletic and physical goals in the best possible way.
We have tried to make these Terms and Conditions (T&C) as clear and transparent as possible.
The term Company (referred to in this Agreement as either “the Company”, “we”, “us” or “our”) refers to Stephan Lauterbach, Dieselstraße 40, 22307 Hamburg, Germany.
The fitloxx app is aimed exclusively at consumers. Commercial use or redistribution of the offers is expressly prohibited.
Below are the General Terms and Conditions (the “Agreement”) which have been effective since 01 May 2021. Please read them carefully before using the services of fitloxx. Throughout this Agreement, references to “fitloxx” shall be construed as references to the fitloxx Application and fitloxx Homepage, unless otherwise expressly stated.
2. Service Content App and Homepage
The fitloxx app allows you to record training data, your own exercises and your own training plans.
In addition, it provides you with comprehensive statistical analyses of your training sessions and the exercises you perform.
In addition, the app allows you to create a personal profile to personalize content for you. This personal profile can be created via different login options, e.g. via Google account or email. Depending on the login variant, your profile will contain different personal data (see also Privacy ).
We reserve the right to change or discontinue features and components of fitloxx at any time and without notice, temporarily or permanently. No liability is assumed to the user or third parties for modifications, settings of features or components.
By using Fitloxx, registered users may receive notifications, text messages, news, or emails related to their account and use of the fitloxx services. The user agrees to receive such communications. The user may opt out of such communications at any time by sending an email to privacy@fitloxx.com . The User is solely responsible for any text messaging or data transfer charges billed to the User by the User’s wireless service provider.
Fitloxx also provides educational articles on topics related to fitness training and nutrition for informational purposes.
3. Prerequisites for Use
3.1 Health Requirements
You use fitloxx at your own risk. For the use of fitloxx you should have a good general health condition. In case of doubt, please always consult a doctor. Especially in case you have known pre-existing conditions, please consult a doctor. In particular, but not exclusively, this applies if you have or have had the following pre-existing conditions/illnesses:
- cardiovascular disease
- asthma or other respiratory or pulmonary conditions
- spinal and/or joint problems
- surgical proceduresObviously, We cannot list all health limitations here, and those listed here are meant to provide an indication of when a consultation with a physician is advisable before using the app.
3.2 No medical or doctor’s advice
The App and the content in the App are not to be considered medical or physician advice. Accordingly, they are not a substitute for medical or physician advice/treatment.
4. In-App Purchases & Pricing
You can register as a Pro member in the fitloxx app. By doing so, you will sign up for a self-renewing subscription. The available terms are displayed in the order options.
A Pro membership (subscription) gives you access to the full functionality of fitloxx within the subscription period.
Billing (see Payment Processing) and management of the subscription is done exclusively via the user’s Google account.
You can cancel your subscription at any time via the account settings in the Google Play Store. After cancellation, access to certain fitloxx Pro features will be restricted.
The subscription will renew automatically - a few days before the subscription expires, the user will receive a reminder email from the Google Play Store for this purpose. The automatic renewal can be turned off up to 24 hours before expiration via the account settings in the Google Play Store.
Upon expiration of the Pro membership, the Pro features of the fitloxx app can no longer be used.
We reserve the right to adjust the prices after prior notice. We will provide you with notice of any price adjustments through an email notification or an in-app message. You will then be given the opportunity via the Google subscription to accept or reject this increase within 7 days ((see also Google - price changes ). If you choose not to accept this price change within the 7-day window, your subscription will not be renewed at the end of your current billing cycle.
5. Payment Processing and Right of Withdrawal
Payment processing for paid apps and in-app purchases takes place directly via the Google Play Store and through the user account.As soon as the user has confirmed the purchase of the app in the store, the user account in the store is debited with the corresponding amount.In the case of in-app subscriptions, the Google account is debited after confirmation of the subscription within the app.
A refund of payments made via Google (Google Play Store) via us is excluded.In this respect, the General Terms and Conditions/Terms of Use of the Google Play Store (Google Play Terms of Use ) apply. For consumers, a 14-day right of withdrawal applies. This right of withdrawal is to be exercised exclusively via the Google Play Store. In this respect, the General Terms and Conditions/Terms of Use of the Google Play Store shall apply.
6. Limitation of Liability
We do not warrant that the fitloxx app or fitloxx homepage will be available permanently, completely, and without error, or that the required software and hardware will work without error.We take great care in selecting, maintaining and updating the content and try to substantiate most statements by citing sources. However, we do not guarantee the accuracy, timeliness and completeness of the content provided and their selection and compilation.For damages due to injury of life, body or health, in case of intent or gross negligence we am liable according to the legal regulations.
In the case of slight negligence, we am only liable for compensation for foreseeable damages typical for this type of contract and only insofar as an obligation, the proper fulfillment of which makes the execution of this contract possible in the first place and on the observance of which the contractual partner could trust (cardinal obligation), has been violated by me. In all other respects, liability is excluded to the extent permitted by law.
7. Rights of Use for fitloxx Contents
We grant a non-exclusive and non-transferable right to use the fitloxx content in a non-commercial manner within the scope of the contractual provisions.
Any distribution or making publicly available of the fitloxx contents by you in any form (e.g. outside the fitloxx app or fitloxx homepage) is not permitted.
8. Final Provisions
8.1. Updating the Google Terms of Use
For specifics on payment methods and terms, refer to Google’s Terms of Use. Due to the volume and scope of the Google Terms of Service, it is not possible for us to provide an up-to-date status here at all times.
8.2. Supported Android Versions
We reserve the right to stop supporting an Android version for technical reasons in the short term.
If we decide to stop supporting an Android version, this will be announced 30 days in advance.
8.3. Severability Clause
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.