Terms and Conditions

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§ 1

Introduction

  1. ZANUM has the goal of providing reasonable movement in the middle of society.

  2. ZANUM develops smart health software and content and provides this content to all people in a programmatic form through digital platforms and mobile end devices so that customised health benefits can be achieved in a reasonable manner in the best possible and time-efficient way.

  3. The highest good is health. When developing ZANUM solutions, safety has always been the centre of attention. Nevertheless, in order to analyse potential risks, ZANUM explicitly recommends consulting a doctor before starting off with ZANUM. The content on the ZANUM.com platform or in the apps from the ZANUM GmbH & Co. KG, independent of if it was created by ZANUM, partners or users, does not illustrate an amendment or replacement for the recommendations of a doctor.

  4. The content on the ZANUM.com platform or in the existing or to be developed apps from the ZANUM GmbH & Co KG, independent of if it was created by ZANUM, partners or users, does not illustrate an amendment or replacement for the information provided by a doctor or pharmacist.

§ 2

Scope of the Terms

  1. The general terms and conditions apply exclusively to all business relationships between ZANUM GmbH & Co. KG (hereinafter referred to as “ZANUM”) and the user even if the usage is carried out at a site outside of the borders of the Federal Republic of Germany. Deviating conditions from the user will not be accepted. These terms can be accessed on the ZANUM website in the respectively valid edition and can be downloaded and saved as a PDF file.

  2. With the registration, the user accepts these terms as well as the agreements that are referred within it. Neither the registration nor the usage of the complete product and service scope are possible without the explicit consent to these terms.

  3. ZANUM can make special or free offers where additional conditions or limitations may apply. These special sales and offers cannot be transferred from one user to another user.

  4. The general terms in the currently valid edition from September 30, 2016, apply until they are revoked.

  5. If copies of these general terms are created in languages other than in German, only the German version is binding

§ 3

Object of contract

ZANUM currently offers its users the following
applications and information in diverse languages:

  1. The ZANUM Fitness App including:

    • Personal profile page (description: My Profile) with personal data;

    • Digital overview of personal activities, tracking of personal performance.

    • Statistics, analyses and comparisons of athletic activities of our users.

    • Individual workouts and personal training routines.

    • Daily and weekly plans on the basis of an independently developed point system that are changed by the user by training according to the suggested and customised workouts and can be represented and managed by ZANUM;

    • ZANUM initially offers applications for Apple iPhones starting with the iPhone 4S model. In the future it will offer the applications for Android and other smartphones throughout the world. These applications can currently only be used on Apple smartphones.

    • The mobile applications are only available on smartphones.
      Different usage and general business terms and conditions apply for the user on behalf of the smartphone provider. In particular the Apple iTunes and App Store terms and conditions apply here.

  2. Shop:

    • In this category, access to partner shops is permitted through an affiliated system in which home fitness training equipment can be offered and purchased.

    • ZANUM is only the mediator and not the seller of these products. The contract partner for the user is therefore solely the respective third party provider.

    • Independent general terms and conditions apply to the shop, which are not a part of these general terms and conditions.

  3. Content like texts, images, videos for workout and training routines are illustrated by ZANUM and professional third parties (for example, home fitness training equipment providers ...);

  4. Status notifications;

§ 4

Service change / price adjustment

  1. ZANUM is entitled to change or adjust the object of the contract. This only applies if it serves to improve the ZANUM.com platform/apps or if ZANUM considers necessary to change the service under the preservation of the contract purpose and under consideration of both parties’ interest. In particular changing a trainer or training module.

  2. ZANUM is entitled to increase the membership fee even during current contracts if the legal sales tax rate increases, whereby the increase of the membership fee is limited to the increased sales tax rate. ZANUM will exercise the right to increase the price through a written statement (## § 126b BGB) - by email. The price increase will be effective starting on the first of the month following delivery of the statement###.

  3. If the legal sales tax is reduced, the membership fee will be reduced correspondingly. The reduction comes into effect with the reduction in the sales tax.

§ 5

Registration

  1. In order to be able to use the ZANUM offer, a non-recurring, free registration is necessary. Only persons that are at least 18 years old and have unlimited legal capacity under German law are permitted to register at ZANUM. Each user may only register at ZANUM once and ensures upon registration that they are not yet a registered user at ZANUM or they did not delete an account used at an early point in time.

  2. Users must ensure the data they provide in the ZANUM registration form is complete and correct, provided this information is not marked as voluntary information. The registration is only possible with a real name, this means
not with made-up names or pseudonyms.


  3. After successful registration, the user can log in to ZANUM by entering their email address and the selected password.

  4. ZANUM reserves the right to reject users without specifying the reasons. The transmitted data will then be deleted immediately in this case.

§ 6

Misuse

  1. The user must protect their registration data and payment data from unauthorised access by third parties, misuse or any use done with the intent of fraud. The user must immediately report any unauthorised, abusive usage or usage of their account with the intent of fraud as well as the suspicion that their account could be subject to such a risk by email to info@ZANUM.com.

  2. ZANUM will not reimburse any payments the user makes to ZANUM due to unauthorised access to their user account until the user has reported the unauthorised access, abuse or usage with the intent of fraud. The reimbursement of the payments to ZANUM made by the user after revocation remain unaffected by this.

  3. ZANUM has the right to close any registered user’s account if there is an abusive usage of the account or usage executed with the intent of fraud.

§7

Subscriptions and prices

  1. The so-called Freemium version from ZANUM is available free of charge.

  2. In order to use the services, you must be a registered ZANUM user and pay the determined gross price affiliated with the corresponding service.

  3. The prices that are specified for the individual subscriptions in the app under ZANUM Membership apply at the time of booking.

  4. During the transmission of data from the smartphone to the ZANUM.com platform, there may be costs due on behalf of the mobile phone provider. The user must bear these costs.

§ 8

Payments

  1. Every subscription period must be paid for in advance. As soon as the user has booked and paid, the validity period will be recorded in the user account.

  2. Payment is made through the Apple payment system. If a payment cannot be collected from a bank account provided by the user due to circumstances under their control, for example, a lack of funds, the user bears all costs arising from this in particular the bank fees in connection with the return of direct debits or comparable fees.

  3. The payments for the ZANUM membership are due for immediate payment with the billing for the entire subscription period. ZANUM can send the invoices and payment reminders to the users by email.

§ 9

Tacit extension

  1. When the subscription period selected by the user expires, the booking for the user will be extended automatically by the initially agreed upon booking period provided that the user does not terminate this in advance.

  2. The user’s credit card will be charged through the Apple payment system with the standard price that corresponds to the booking period upon completion - this means not with any promotion or sales price.

  3. The user can find out the duration of the booking period at any time in their user account.

§ 10

Ending usage / exclusion of usage

  1. The user is entitled to end the usage of ZANUM at any time under their account settings (“My Profile”). The termination of usage must be confirmed by the user.

  2. If the user purchases a subscription, the termination of usage does not replace the termination of the contract.

  3. Furthermore, ZANUM reserves the right to exclude the user from the ZANUM service due to an important reason, for example, upon the violation of user obligations.

  4. Upon termination of usage, in the event of an exclusion or revocation, all personal data that the user provided upon registration will be disabled. Upon request by the user, all personal data affecting the user will be deleted definitively.

§ 11

User obligations

  1. Every ZANUM user is obligated

    • to provide accurate registration data as well as keep this data current and complete and to not share this data with third parties;

    • to only save, publish, transfer and distribute content, e.g. photos, images, texts, representations or videos, when they are authorised to do so; this means either the user has the exclusive usage rights or, if the user is not he owner of the rights for the content they have provided, the user then ensures ZANUM that they have effectively obtained all required rights, licenses, permits or similar requirements.

    • This also applies for all copyright protected content like logos and trademarks. The user is responsible for making sure that

    • no racist, insulting, discriminating, defamatory, sexual, violent or other illegal content is saved, published, transferred and distributed;

    • no chain letters or messages, for example, mass mails or spam, are sent to multiple people at the same time;

    • no disruptive actions are executed with technical or electronic equipment in the ZANUM network, in particular, hacking attempts, brute force attacks, infiltrating of viruses/worms/Trojans and other attempts at disruption that affect the software and hardware from ZANUM;

    • accessible data is not copied, distributed and transferred or analysed with technical equipment, like crawlers or bots, without the explicit consent of the respective legal owner;

    • all discovered violations of the obligations listed above are immediately reported by email to info@ZANUM.com;

    • personal data is treated carefully and not shared with third parties and

    • important personal data is saved regularly externally, for example, on storage media, hard drives or similar equipment.
  2. The user is obligated to use the ZANUM offer exclusively for private purposes. The usage of ZANUM offers for commercial purposes in fitness studios is prohibited, provided a separate agreement does not exist allowing this type of usage.

§ 12

Sanctions

  1. In order to guarantee a proper and reliable provision of services, ZANUM will enforce the following sanctions in the event of violations to the obligations by the user:

    • Warning;
    • Deletion of content;
    • Temporary blocking of the user;
    • Exclusion (definitive block).

  2. The selection of the sanction depends on the intention, severity or types and manner of the offence considering the interests of both parties.

  3. Upon exclusion from the ZANUM network in accordance with this section and in the event of sanctions due to violations of the obligations by the user, the user may not register again.

§ 13

Content

  1. ZANUM permits their registered users to use the offered product and service portfolio in agreement with the legal regulations and regulations of these general terms and conditions in order to upload, save, publish, distribute, transfer and share content with other users.

  2. The user agrees that they will be confronted with customised offers and/or advertising through an automatic analysis of their usage behaviour.

  3. The user agrees that there may be advertising in the area of created content that is marketed by ZANUM.

  4. ZANUM is entitled to save content and share it with third parties, provided this is legally prescribed or required and legally permitted according to mandatory discretion in order to

    • fulfil legal conditions or court or regulatory orders;

    • guarantee compliance with these general terms and conditions;

    • react to the assertion of a legal violation by a third party; or

    • protect the rights, ownership or personal safety of ZANUM, its users or the public.

  5. ZANUM does not have an ownership of created content and will not execute a supervisory function in regards to the content created by the users.

  6. ZANUM reserves the right to delete content created by users without specifying the reasons for doing so.

§ 14

Date privacy

  1. Personal data from the customer will only be collected, processed or used if the customer has consented to this or the Federal Data Privacy Act (BDSG) or a different legal regulation orders and permits this.

  2. The separate data privacy agreement is an object of these general terms and conditions. The user must consider and accept it separately.

§ 15

Liability exclusion

  1. ZANUM is liable for any negligence in the violation of contractual obligations (cardinal obligations), in the event of personal damage as well as any damage according to the standards of the product liability act.

  2. In the event of a violation of cardinal obligations, ZANUM has a restricted liability up to the predictable and typical damage that could be imagined upon contract completion. Cardinal obligations are obligations that allow for a proper execution of the contract and the compliance of which the user may regularly rely on.

  3. Otherwise, the pre-contractual, contractual and non-contractual liability of ZANUM is limited to intention and gross negligence, whereby the liability restrictions also apply in the event that assistants from ZANUM are at fault.

  4. ZANUM does not take over any liability for the services of third party providers. 
This applies in particular for external links, banners or other informational and advertising offers that can be placed for the users.

§ 16

Release from liability

  1. The user releases ZANUM of all claims that third parties raise against ZANUM due to a violation of their rights by the content the user has published within the ZANUM network and/or through the usage of the applications available through the ZANUM network.

  2. If the user is responsible for the legal violation, they will take over the costs of any legal defence for ZANUM, including all court and attorney costs in the legal amount.

  3. The user is obligated to provide ZANUM immediately, accurately and completely with information required for an inspection of claims and defence in the event of a claim by a third party. Any compensation claims going beyond this from ZANUM to the user remain unaffected.

§ 17

Offsetting

The user may only offset using undisputed or legally determined claims against ZANUM.

§ 18

Changes to the general terms and conditions

  1. ZANUM reserves the right to change these general terms and conditions at any time, provided this is required due to important reasons, in particular due to a new legal situation or a decision from the supreme court, technical changes or developments, new organisational requirements for transportation, missing sections in the general terms and conditions, changes to the market circumstances or efficiency or other similar reasons and the user is not disproportionately disadvantaged.

  2. Changes to these general terms and conditions will be shared with the user in writing or by email at least six weeks before they come into effect. The changes will be effective if the user does not reject them in writing or by email within this period of six weeks and ZANUM has informed the customers of this legal consequence in the change notification.

  3. In the event of services provided free of charge, ZANUM is entitled to change, eliminate or replace the general terms and conditions at any time.

  4. If the user rejects the change, provided they are using a Freemium version, they will be excluded from usage.

§ 19

Other regulations

  1. If individual regulations of these general terms and conditions are or become invalid, the other business terms remain unaffected.

  2. German law applies to all legal relationships between the contract parties under exclusion of the UN Sales Law and international private law.

  3. The sole jurisdiction for legal disputes with merchants, legal persons under public law or public-legal special assets from contracts that are subject to these general terms and conditions is Cologne.

  4. The place of fulfilment is Cologne.

Last updated: October 7, 2016