Terms of Use

Innothenics UG (haftungsbeschränkt)

Latest version from 2020-04-04



Content

1. Account Terms
2. Subject matter of this contract
3. Registration
4. Pro Membership Special Terms of Use
5. Children's Privacy
6. Copyright Terms
7. Pricing and Refunds
8. Privacy Policy and Personal Data
9. Health - Use of services
10. Liability
11. Disclaimer
12. Changes to the Terms of Use
13. Termination



Terms of Use

At Thenics our goal is to support our users on their workout to attain great skills. Therefore, we provide the best possible experience based on our longterm knowledge about Calisthenics and our user-centric philosophy. The Terms of Use surround this experience by outlining rights, responsibilities, Privacy Policy and further details about our services. Please read them before you use the Thenics app. By using the Thenics website and Thenics mobile application (both refered to as "services" in the following) you agree to the legal terms set forth by the following Terms of Use. We as the service provider preserve the right to modify the terms at any time, effective upon posting an updated version on this website. Therefore, you are responsible to regularly review the Terms of Use. The Terms of Use are intended for use with our international users for which we do not provide localized Terms of Use.




1. Account Terms

You are responsible for any and all activities that occurs under your account including the following list of actions:

  • You are a natural person and not a computer service or automated bot.
  • The Terms of Use form the basis of the contract being defined between you and us. The subject matter of this contract is the use of our services free of charge or for a fee.
  • You are responsible to use the services only for lawful purposes.
  • You are responible for all activities in connection with the use of the services.
  • It is prohibited to violate, or attempt to violate the security of our services.
  • You agree not to sell, transfer, license or assign any part of the services, use of the services, or access to the services without the express written permission by us as service provider.
  • You have to be at least 16 years old with full legal capacity to use the services.

You shall not provide or use any content that:

  • violates any patent, trademark, trade secret, copyright, right of publicity or other rights of any other person or entity or violates any law or contractual duty.
  • is violent, discriminatory, illegal, hurtful, hateful, pornographic or sexual, invasive of another’s privacy, otherwise harms a third party, tortious, obscene, offensive, profane, or is otherwise inappropriate as determined by us in our sole discretion.
  • is unauthorized or unsolicited advertising, junk or spam e-mail.
  • contains software viruses or any other computer codes, files, or programs that harm our services.
  • impersonates any person or entity, including any of our employees or representatives.
  • includes anyone’s identification documents or sensitive financial information.


2. Subject matter of this contract

The services are divided in the following modules. Our webpage and app form the subject matter of this contract between the user and us.



Webpage

  1. News regarding Thenics in short form
  2. Content, for example text, pictures, etc.. Such as: Apps details, About us, Data Privacy and Terms of Use

App

  1. Mobile application for Apple iPhones, Android phones and other devices in a global range.
  2. Data is send from the mobile application to a plattform that stores the user's data. Please see Data Privacy for further information.
  3. This transmission of data from the mobile application to the plattform could incure costs of the mobile carrier. Hereby, the user confirms that these costs have to be taken by the user.
  4. The basic functionalities of the mobile application are free of costs. The pro membership is subject to a fee. For further information see "4. Pro Membership Special Terms of Use".
  5. Further Terms of Use of the mobile phone provider apply.


3. Registration

  • In order to use the mobile application a one-time registration is required. However, general information about the mobile application can be found on the webpage.
  • In order to use the services of the mobile application you must first register and open a user account using the mobile application.
  • The registration can either be done using the Google Sign-In or the registration form provided by the app. Using the registration form, the user needs to add all mandatory information which should guarantee that all relevant details are filled. In both cases of the registration options, we ask you to accept the Data Privacy and Terms of Use conditions. Afterwards, for reasons of security we will send you an email in which we ask you to confirm your registration. After the confirmation the registration process is completed.
  • You represent and warrant that all information you provide to the services at registration or at any time thereafter is true, accurate, complete and valid. You agree to update your information as necessary to maintain its truthfulness and accuracy.
  • We reserve the rights to reject users without any reasons. In this case, any transmitted user data will be deleted.
  • We reserve the rights to contact the user at any time to verify the user's registration details.
  • After a successful registration, you can login to your user account by either entering your email address and your chosen password or accomplishing the login via your Google Sign-In.
  • We are not responsible for the actual identity of the user as a personal identification over the internet is only possible to a limited extend. Each user is therefore required to confirm itself of the other user's identity before entering into interaction.

Pro Membership Registration:
  • A pro membership is also available against a certain payment. With this membership, additional features and options can be used that are not available to free members
  • By registering as a pro member your confirm that you are of the required age as stated in the applicable law and are legally entitled to enter into a contract. If this is not true, we are not bound by the pro conditions.


4. Pro Membership Special Terms of Use

  • The whole range of functions can be used if you enable the pro version of the mobile application as part of a subscription for the respective service. The free of charge version provides basic functions instead.
  • In order to use the Pro Membership service, you must be a registered user and pay the pro membership fee including taxes and any other fees associated with this membership. The payment must be done via the corresponding app store or by any other form of payment accpeted by us.
  • We offer different subscription periods between which you can choose the one that best suits your needs. The different subscription types and prices are available through the mobile application or in the app stores. All prices are subject to change at any time to our discretion. Any price changes will be announced by us in the mobile application or the app stores.
  • You may cancel your pro membership at any time by initiating the cancellation stated below. In this case, we will not refund previously made payments.
  • The pro membership ends after the agreed upon time period. You can check your subscription period viewing your user's account information
  • Unless otherwise stated, all other terms of the general Terms of Use also apply to pro members.


5. Children's Privacy

If you are a child under 13, you are not allowed to use our services. If you are between 13 and 16 years of age (you are not at least the legal age of consent), we need the agreement of your parents or legal guardian in order to enable you to use the services If you are the parent or legal guardian agreeing to our Terms of Use, you are responsible for supervising the child's use of the services with responsibility for any legal liability. Please contact info@thenics.de if you have any further questions considering your child's use of the services or if you want to inform us about your child's transfer of personal information.




6. Copyright Terms

The services we offer contain content that is protected by copyright or otherwise and we hold the respective rights. By our allowance you can use the services in a non-commercial manner within the scope of the contract. Thus, it is not permitted to distribute content of the services or make it publicly available. Furthermore, you agree not to copy, modify or reverse engineer the services including hardware, software and design without our approval. The allowance of the services usage will be finished after your access is not enabled anymore or your contracts ends. Any data uploaded by the user stays in his/her ownership. We do not claim intellectual property rights over uploaded user data. The user grants us the irrevocable and non-exclusive right to use all data that is uploaded by the user. This data usage comprises all content irrespective of the type of usage. All data that contradict with the Terms of Use or Law will be deleted by us. Your access to the services will be canceled if you severely violate the Terms of Use, you violate repeatedly the intellectual property rights of other users or we are legally required to do so.




7. Pricing and Refunds

The scope of the services depends on whether you use the mobile application free of charge or for a fee. In order to exercise with the mobile application to the full extent, certain equipment and tools are necessary. These are not part of the services and need to be provided by the user at his/her own costs.


Auto-renewable subscription

  • The pro-version of the mobile application is offered as in-app purchase. It can be activated and paid for in the respective app store.
  • For first time pro users we offer a 14 days free trial which can be used only once per user. Subsequent subscriptions won’t add new free trials. After the free trial period is over, the subscription automatically runs with the chosen period. You can cancel your subscription free of costs during the 14 days free trial.
  • Prices for in-app purchases can differ between countries.
  • Payments of the subscription will be charged to your appstore account after confirmation of purchase.
  • Unless you cancel 24 hours before the current subscription period ends, the subscription automatically renews.
  • You can turn off the automatic renewal and manage your subscription in the respective app store.
  • Deleting either the app store account or Thenics account will not effect the connected other account/subscription. Followingly, the subscription will not be stopped by deleting the Thenics account.
  • All subscription charges are non-refundable.


8. Privacy Policy and Personal Data

Considering your personal data we have implemented a Data Privacy Policy that describes in detail the usage of your data. This policy is an integral part of the Terms of Use.
On our services we allow you to post content. However, anything that you post remains your sole responsibility and you retain all rights in it.




9. Health - Use of services

Before using the services consider the following list:

  • The use of services is at your own risk.
  • The user must be in a good health state.
  • The services are no medical services and should not be seen as a substitute for professional medical advice, diagnosis or treatments.
  • We advice you to seek medical consultance if you have any pre-existing medical conditions or any other concerns before using the services. Especially, if you have one or more of the following medical conditions: cardiovascular disease, high blood pressure, neuromuscular disease, high-cholesterol, diabetes, obesity, arthritis, lung disease, spinal and/or joint problems and surgical procedures.
  • If you are a pregnant woman or breast-feeding mother you should not do the trainings of the services.
  • Our workouts are based on current studies and knowledge. Nevertheless, we do not guarantee that our workouts reflect the most up-to-date research knowledge. Furthermore, we are not responsible for the accuracy and usefulness of information provided through the services.
  • We do not guarantee that any results in form of physical or health transformation will arise from using the services.
  • You should stop the exercise in case it causes pain or severe discomfort. In this case, you have to consult a medical expert.


10. Liability

Any instructions that we provide through our services should be followed during the execution of training. Otherwise, there is a risk of being injured and a danger to your health.
If you use equipment or trainings tools it is in your responsibility to ensure that the equipment and tools is in a good working condition and set up properly.
We are liable as currently provided by law only if we caused damage willfull or with gross negligence in cases of a personal damage to our users. This excludes for:

  • Damage or lost profit due to willful conduct or gross negligence or the absence of guaranteed feature.
  • Damage or lost profit that results from the use of content accessible through our services, unless required by law.
  • Damage that results from downloading material from our services. Including damage to the user's computer and phone or loss of information as a consequence of downloading from any of our services.


11. Disclaimers

  • We are not responsible for any incorrect or inaccurate content on our services.
  • Due to maintenance or other reasons, the services may be unavailable temporarily.
  • We do not claim that the use of our services will bring training progress, success or other results intended by you. Due to the complex constellation of factors leading to the training result, results may vary strongly between users despite using the same service.
  • We are not responsible for any interruptions of user communications.
  • We are not responsible for any damage outside of the services usage impacting the user's computer or phone system, telephone network and equipment.
  • These Terms of Use and all relationships between the users and us are governed by German law under the exclusion the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).


12. Changes to the Terms of Use

We reserve the right to change the Terms of Use by the following considerations:

  • It is required by legal, regulation, commercial or technical aspects.
  • We will inform you about significant changes (= changes that influence the user negatively) not later than two weeks before we publish the new version of the Terms of Use. Therefore, we use the email address provided by you during registration.
  • If you do not object the new Terms of Use and continue to use our services within such a period (2 weeks), then we see the new Terms of Use as accepted.
  • If you do object the new Terms of Use we will preserve the right to terminate your contract with us and delete your user account under consideration of your interests.
  • The current Terms of Use are available for viewing on the services.


13. Termination

A termination of your access to our services can be conducted at any time by either you or us which is effective immediately and results in the destruction of all information associated with your membership. If you wish to terminate your account, please contact us by sending an email to info@thenics.de or select the necessary settings in your profile. Any paid fees are non-refundable, unles explicitly stated. The provision of the Terms of Use survive termination. Any subscriptions purchased via in-app purchase must be cancelled through the respective app store.