General terms and conditions for moving App from moving GmbH

Thank you for downloading our new moving app.

The provider of the moving app is

moving GmbH
Anton Höfter Strasse 8
83646 Bad Tölz
Germany
Tel.: + 49 8022 82556
Email: info@moving.de
Website: www.moving.de

The following terms of use apply to the moving app. Please read them carefully before using the moving app. By using the moving app, you agree to the terms of use and a user agreement is concluded between you and moving GmbH.

1 General information

With the moving app, we offer you health coaching that will help you improve your physical and mental well-being. You can define your own individual focus, and the moving algorithm will create a personalized program for you that is constantly adapted to your current fitness level. However, none of the services offered by moving constitute medical or health advice. They are not a substitute for examination or treatment by a doctor or therapist, but may support such treatment.

To use the moving app, you must register by providing personal data and creating a profile. Our privacy policy, which you agree to by using our app, contains detailed information about how your data is collected and used. Please read the privacy policy carefully.

We reserve the right to change these Terms of Use from time to time and to adapt them to technical or legal developments. We will inform you of such changes via the app or by posting a notice on our website.

2 Login und Registration

To use the moving app, you need a device that meets certain system requirements. As the user of the app, you are responsible for ensuring that your device meets these system requirements. moving GmbH is not responsible for this.

To register, you either need an activation code provided by your employer, or you can register with your email address if you want to use the app independently. After registering, you can complete your profile with your first and last name and gender information.

When you register, you will receive access to a two-week free trial of basic-moving and focus moving. During or after this period, you can sign up for a 3-, 6-, or 12-month moving subscription. The 3-month subscription costs €8.99 per month including VAT; the 6-month subscription costs €6.99 per month including VAT; the 12-month subscription costs €4.99 per month including VAT. These subscriptions include all services of the moving app, i.e., the self-test, basic moving and focus moving, including all focus packages.

You are obliged to ensure that no third party uses your email address without authorization to register and use the moving app. If you become aware that someone is using your access to the moving app without authorization, please inform us immediately using the contact details provided above. Within the framework of the legal regulations, you as the user are responsible for unauthorized third-party use.

If you lose your device, we can delete the link to your device so that access to the moving app is no longer possible, even with your login details. In this case, please also inform us using the contact details provided above.

To protect your data, we recommend that you log out via the Settings menu item after each use of the app.

3 Extension, termination

The basic moving version ends as a free version after 14 days or as soon as you delete your profile. No cancellation is required. If you have chosen a paid subscription, the subscription term you have selected will automatically be extended for the same period of 3, 6, or 12 months at the same price, unless you cancel your paid subscription four weeks before the end of the current subscription period by emailing info@moving.de or by sending a letter to moving GmbH, Bernöckerweg 16, 83703 Gmund. The cancellation will take effect on the day following the last day of the current subscription period.

4 Rights of use and copyright

The contents of the moving app are protected by copyright and are our property or that of other third parties who have made the contents available. It is not permitted to distribute the software or otherwise transfer it to third parties (including renting, leasing, lending, or sublicensing). In addition, the program code of the software or parts thereof may not be modified, decompiled, disassembled, or reverse engineered, nor may the source code be determined in any other way. Derivative works of the software may not be created. In particular, it is prohibited to edit, modify, publish, reproduce, or distribute the content in whole or in part. Commercial use by third parties is excluded.

By using the moving app, you acquire a simple, non-exclusive right of use that is not transferable to third parties and is limited to the duration of your use of the moving app. A different usage agreement may be concluded with your employer if your employer makes the app available to you.

5 health information

The moving app is intended for healthy adults. Individuals with health issues are advised to consult a physician before beginning the exercises. The exercises shown are not therapy in the medical sense. All information on the moving.de website and in the moving app does not constitute a remote diagnosis and does not represent medical treatment, advice, recommendation, diagnosis, or therapy. The information and exercises should in no way be considered a substitute for professional advice or treatment by trained and recognized doctors.

Use of moving is at your own risk. Good general health is a requirement for using moving. If you have any health problems or are aware of any pre-existing conditions, please seek medical advice before training with moving. This also applies if you are pregnant – please discuss the exercises you are doing with a trainer.
Please only perform the exercises to the extent that they are beneficial to you and always pay attention to your body’s signals. Overuse and jerky movements should be avoided at all costs. If you feel discomfort during an exercise, please stop and discuss with a trainer or doctor why this movement causes you pain.

The training instructions offered as part of the moving app are neither therapeutic nor medical advice. They are also not a substitute for a medical examination or treatment.

The exercises in the moving app are continuously adapted to the latest scientific findings and thus correspond to the current, recognized state of research. The exercises in the moving app are developed only in accordance with scientifically evaluated and recognized techniques and methods.

6 Liability

We, as the provider, and our legal representatives and vicarious agents are only liable for intent or serious negligence. We do not guarantee the availability, technical usability, or freedom from malware of the moving app, its content, or the transmitted data. We are also not liable for technical malfunctions on your device or for failures of the moving app. We are also not liable for damages resulting from disregard of the aforementioned health instructions or from incorrect execution of the exercises.

The above exclusion of liability does not apply to damages caused intentionally or negligently resulting from injury to life, limb, or health. The provisions of the Product Liability Act also remain unaffected by the exclusion of liability. In cases of slight negligence, we as the provider, as well as our legal representatives and vicarious agents, shall only be liable for the breach of essential contractual obligations, i.e., obligations whose fulfillment is of particular importance for achieving the purpose of the contract. In this case, liability shall be limited to damages that were foreseeable at the time the contract was concluded and are typical for this type of contract.

7 Final provisions

Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract is the registered office of moving GmbH in Gmund, provided that the user is a merchant, a legal entity under public law or a special fund under public law, or provided that the user does not have a place of jurisdiction in the Federal Republic of Germany.

Choice of law
Unless mandatory statutory provisions under the user’s home country law dictate otherwise, German law shall apply.

Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.