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GENERAL TERMS AND CONDITIONS OF BUSINESS FOR USING FITMEUP

1. Introduction

We, the Quasar Systems pursue a vision: we want to assist any person, worldwide, to workout as effective as he/she can and to make all parts of training process as clear as possible. We provide the most important preconditions with our product for this purpose. Our focus is on athletes’ clear understanding of training process, keeping in mind on most important metrics and focusing on actual results. We are looking forward to become an integral part of your fitness.

The following General Terms and Conditions of Business set out the legal framework for using Fitmeup and the service that we offer. Therefore, please read these General Terms and Conditions of Business carefully.

2. Scope

2.1 Parties to the contract and subject matter of the contract

These General Terms and Conditions of Business form the basis of the user contract being formed between you and us, Quasar Systems, 16 Raffles Quay, #3302, Hong Leong Building, Singapore 048581 (hereinafter referred to as "us" or "we"). The subject matter of this contract is the use, free of charge or for a fee, of the service we offer under the name Fitmeup via our website http://www.fitmeup.co, or via our software application (hereinafter referred as "Fitmeup Service” or “Fitmeup”).

2.2 Terms and conditions for participating

A condition for opening a user account and using the Fitmeup Service is that you are at least 18 years of age and have full legal capacity.

Fitmeup is intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Use of Fitmeup for commercial purposes of any kind is expressly prohibited.

2.3 Additional terms and conditions

We reserve the right to agree to additional terms and conditions for Fitmeup Service. We will, however, notify you of this in good time prior to use.

3. Fitmeup's Services and Prices

3.1 Service free of charge or for a fee

The scope of the service included in Fitmeup and available for use by you depends on the type of Fitmeup Service and whether you use the Fitmeup Service free of charge or for a fee. If you use it free of charge you only have access to certain basic functions and information of the respective Fitmeup Service. A more extensive range of functions is available to you if you buy the subscription for the respective Fitmeup Service.

Please note that in order to use some of the Fitmeup Service to the full extent, certain equipment and training tools (such as a gym machine, etc.) may be required. These are not part of the Fitmeup Service and need to be provided or purchased by you separately at your own costs.

In case of nutrition coachings, please note that the foods suggested as part of the coaching are not part of the Fitmeup Service and need to be purchased by you separately at your own cost.

3.2 Prices

Please consult the web site www.fitmeup.co for information on the respective current pricing and subscription models and the service that these include. All prices stated include the applicable VAT.

4. Your Health

4.1 Terms and conditions with regard to your health

Use of the Fitmeup Service is at your own risk.

In any case a condition for the use of the Fitmeup Service is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you start the Fitmeup Service (such as trainings or coachings). This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures: (i) cardiovascular disease, (ii) lung or respiratory disease (including asthma), (iii), spinal and/or joint problems, (iv) neuromuscular disease, (v) surgical procedures, (vi) any other health issues.

In case of Fitmeup Service related to nutrition, you are responsible for verifying that the foods and nutrients recommended as part of the coaching or guide do not contain any ingredients or contents to which you are allergic or which may cause food intolerance.

In addition our female athletes should note that pregnant women and breast-feeding mothers should not do the trainings and coachings offered by us, except specialized programs "Healthy pregnancy", "Fit pregnancy", "Recovery after childbirth", "Fit figure after childbirth

The following general rules apply: Listen to what your body is telling you. Before using the Fitmeup Service for the first time or while using Fitmeup, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing with Fitmeup.

4.2 No substitute for medical advice

The service and information offered by Fitmeup and Fitmeup Service do not constitute medical advice or a doctor's advice. Nor are they a substitute for a medical examination or treatment by a doctor.

4.3 Training-/Dietary Methods

Fitness and/or nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science. Although we base our trainings and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge.

5. User Account

5.1 Registration process

In order to use the Fitmeup Service you must download the mobile application in App Store. You may use the mobile application without opening a user account, but the account would help you to save your workout data in case of loosing your device. You can open a user account only in the mobile application. By installing the mobile application you are accepting these General Terms and Conditions of Business and our privacy policy during.

6. Conclusion of a Contract

How the respective contract is formed depends on the method by which you register for Fitmeup for the first time and whether you sign up for additional fee-based service.

6.2 Registration via mobile apps

When registering via mobile application, the formation of the user contract depends on the rules of the app store supplier (for example Apple, Google, Sony etc.). The contract is generally formed when you click on the "Install" field in the relevant app store and, where necessary, enter your password in question.

6.3 Conclusion of a contract for additional service for subscriptions

You can get additional service, by purchsing the subscription. You can purchase the additional service via your mobile app, the contract is formed when you click on the field "Buy now", or a similar field, as part of an in-app purchase and, where necessary, enter your password for the app store in question.

6.4 Correction of input errors

When you would like to purchase subscription via our mobile app as part of an in-app purchase, we will not ask you for any further billing or payment details because you will purchase the service via your account with your app-store supplier. Please contact the relevant app-store supplier if you would like to correct any input errors.

7. Term of Validity

7.1 User contract

The user contract concluded between you and us once you register your account is valid for an indefinite period.

7.2 Subscriptions

Our subscriptions are offered with varying minimum terms of validity and are automatically renewed for the same minimum term that has been selected until you or we cancel them.

In order to avoid any misunderstanding, please note that the term of a subscription is determined by calendar and is independent from your use or extent of your use of the respective Fitmeup Service.

8. Terms and Conditions of Payment

8.1 Collection of fees

The fee is collected via iTunes; in this case the fee is collected 24 hours before the start of the respective billing period.

8.2 Payment default

We reserve the right to assert further claims for late payments.

9. Payment Methods

You purchase Fitmeup service for a fee via in-app purchases, the respective app-store supplier will bill you. Please consult this supplier to find out what payment methods are available.

10. Right to Cancel

10.1 Cancellation policy

You purchase Fitmeup service for a fee via in-app purchases, so the respective app-store supplier will bill you. Please consult this supplier to find out the cancellation policy.

11. Liability for Defects

11.1 Statutory Provisions

Statutory provisions apply to claims due to defective service. Your consumer rights remain unaffected in any case.

11.2 Disclaimer of guarantees

We do not make any representations or guarantees that the use of the Fitmeup Service will bring the training- or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the Fitmeup Service.

12. Liability

12.1 General

Insofar as you are provided with guides or instructions in connection with the Fitmeup Service it is imperative that you follow it. Otherwise you risk being injured and your general health.

Insofar as you use equipment or training tools it is your responsibility to ensure that such equipment and tools are in good working condition and installed and/or set up properly.

You need to observe and respect our health safety notices in clause 4.

12.2 Liability for service provided free of charge

For service provided free of charge, we will be liable, regardless of the legal basis, exclusively for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for wilful misconduct. In the event of gross negligence or the absence of a guaranteed feature our liability is limited to reasonable, foreseeable damage. Otherwise, our liability is excluded.

12.3 Liability for service provided for a fee

In the case of service provided for a fee we have, regardless of the legal basis, unlimited liability in principle for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature.

If we breach a material contractual obligation as a result of slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfil the purpose of the contract, and on the fulfilment of which you as the consumer can rely or ought to be able to rely.

Our liability in the event of any injury to life, limb or health that is our fault remains unaffected by the above-mentioned limitations.

Otherwise, our liability is excluded.

12.4 Liability of our employees

To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.

13. Rights of Use over Fitmeup Content

Depending on which service have been enabled for you, or which service you have purchased, the service we offer contains content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites other than Fitmeup websites, is not permitted. The right of use will lapse when your access to the respective service is no longer enabled (e.g. after you have cancelled your subscription) or when your user contract ends.

14. Responsibility for User-Generated Content

14.1 Disclaimer of responsibility for third party content

You are solely responsible for content that you post within the Fitmeup Service. We accept no responsibility for this content, nor do we monitor it.

14.2 Compliance with statutory provisions

When supplying your own content you are obliged to comply with all the applicable laws. Regardless of whether or not it constitutes a criminal offence, it is prohibited to supply content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory nature.

In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights). In particular you must also hold the necessary rights over your profile picture or any other picture you post.

We are entitled to delete or remove any content that is unlawful or that infringes the above-mentioned principles at any time. If you infringe the above-mentioned principles we are entitled to give you a warning or to temporarily block your user account or to cancel the user contract for good cause in accordance with clause 15.3.

14.3 Indemnification

If you infringe the principles mentioned in clause 14.2 and that this is your fault (i.e. because you acted either negligently or with intent), you are obliged to indemnify us against any third-party claims arising from such infringement. We reserve the right to assert claims for damages and other claims.

15. Ending the Contract

15.1 User contract

You have the right to cancel your user account at any time, without stating any reasons, thereby also ending your user contract. To do this you simply have to select the necessary settings in your profile. Please note that after you have cancelled your user account we will or may delete all the content and training results that you added, and you will no longer have access to content that you already purchased. If at the time of deleting your account you still have a current subscription or have booked an additional service that has not yet expired, any sum that you have already paid will not be refunded, not even on a pro rata basis.

We are entitled to cancel the user contract without stating any reasons by giving two (2) weeks' written notice, but no earlier than at the end of the minimum contractual term or at the end of the respective renewal period of your subscription.

15.2 Subscription

Subscriptions are purchased via in-app purchase and must be cancelled using the settings in the respective app store. Your subscription fee is collected via iTunes, contrary to the provisions above a notice period of 24 hours before the end of the minimum contractual term or before the end of the respective renewal period applies for technical reasons. Your user account and any other subscriptions will continue to exist after you have cancelled your subscription.

15.3 Cancellation for good cause

The right to cancel for good cause remains unaffected in the case of either party. In particular we are entitled to cancel your user contract or your subscription with immediate effect, and to cancel your user account, if you seriously or repeatedly breach the provisions of the user contract and/or these General Terms and Conditions of Business, or if you are in arrears with your payment obligations.

16. Personal Data

We process your personal data in accordance with our privacy policy; you can always retrieve the current version of these at http://www.fitmeup.co/en/privacy. In particular these data protection provisions govern and explain the extent to which your personal data can be seen by other users and what options you have for controlling its disclosure to other users.

17. Changes to the General Terms and Conditions of Business

We reserve the right to change or modify these General Terms and Conditions of Business with future effect. If you do not object to the validity of the new General Terms and Conditions of Business within such period and continue to use Fitmeup, then the new General Terms and Conditions of Business will be deemed to have been accepted. In the event that you do object, we expressly reserve our rights of ordinary cancellation. We will also advise you again separately of your right to object, the deadline to do so and the legal consequences of your objection or failure to object.

18. Information About the Supplier

Quasar Systems, 16 Raffles Quay, #3302, Hong Leong Building, Singapore 048581

Email: feedback@fitmeup.co