Terms & Conditions

1. General

1.1 Scope

These General Terms and Conditions apply to all business relationships between us (Effeqtiv Motion GmbH, Löwigtstraße 27, 23566 Lübeck, represented by its managing directors: Christian Rahaus and Simon Schmalfeld) and you at the time of contract conclusion. If you use conflicting general terms and conditions, they are expressly rejected here.

1.2 Contractual Agreement

The contract language is German. Creators, as defined in these General Terms and Conditions, are exclusively entrepreneurs as defined in § 14 BGB. "Platform" refers to the Effeqtiv Motion App, and "users" are all individuals who use the functions of our platform, including our customers. "Creators" are users who upload content through our platform. "Customers," on the other hand, are only individuals who book the paid content of the creators through our platform.

1.3 Download via App Store or Play Store

Our app is available on the Apple App Store and the Google Play Store. The download is processed through the respective app store. A user account is required for the download, which you can set up in the App Store or Play Store. The usage of these stores is subject to their terms of use. After downloading and installing the app, you can either register for the first time or log in using your existing data.

1.4 Registration (Free Usage Agreement)

To use the full extent of our platform, you must first create an account. During this process, the data necessary for the provision of our services will be collected. The entries are confirmed by clicking on the "Create Account" button. After this step, you will receive a confirmation email with the necessary information for logging in. Your registration is completed only when you log in to our platform for the first time using this information. Alternatively, you can also register using your Facebook, Google, or Apple accounts.If you choose to use an existing Facebook account, click on the "Continue with Facebook" button. This will redirect you to www.facebook.com (operated by Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland). There, enter your Facebook account information and click on "Log In." The use of Facebook services is subject to Facebook's privacy policy and terms of use. By registering, you also enter into a free usage agreement with us.Alternatively, you can also register using your existing Google account. Click on the "Continue with Google" button for this purpose. This will redirect you to www.accounts.google.com (operated by Google Ireland Ltd. Gordon House, Barrow Street, Dublin 4, Ireland). Enter your Google account information and click on "Log In." The use of Google services is subject to Google's privacy policy and terms of use. By registering, you also enter into a free usage agreement with us.Similarly, you can register using your existing Apple account. Click on the "Sign in with Apple" button for this purpose. This will use your Apple ID (operated by Apple Distribution International Ltd. Hollyhill Industrial Estate, Hollyhill, Cork, Ireland). Select your Apple ID and click "Continue." The use of Apple services is subject to Apple's privacy policy and terms of use. By registering, you also enter into a free usage agreement with us.The password that allows you access to your personal area must be kept strictly confidential and must not be shared with third parties. You are responsible for taking appropriate and reasonable measures to prevent third parties from gaining knowledge of your password. An account cannot be transferred to other users or third parties. We are not liable for damages resulting from the misuse of the password.

1.5 Conclusion of the Contract (Platform)

The conclusion of the contract for the paid offers visible on the platform takes place within the app. The usual procedure is that you choose an offer from a creator and then get redirected to the Apple App Store or the Google Play Store to confirm your choice (e.g., using a password, Face-ID, or Touch-ID). The payment process takes place through the Apple App Store or Google Play Store. This confirmation represents the acceptance of the offer. The contract for the selected paid content is concluded with the acceptance.

1.6 Subsequent Modification of the Terms and Conditions

We are entitled to subsequently modify and supplement the General Terms and Conditions concerning existing business relationships to the extent that changes in legislation or jurisdiction require it or other circumstances lead to a significant disruption of the contractual equivalence. Subsequent changes to the General Terms and Conditions become effective if you do not object to them within six weeks after being notified of the changes. At the beginning of the period, we will explicitly point out the effect of your silence as acceptance of the contract amendment and give you the opportunity to make an explicit statement during the period. If you object within the deadline, both we and you can terminate the contractual relationship extraordinarily unless we choose to continue the contractual relationship under the old General Terms and Conditions.

2. Description of Services

2.1 General

We offer you a platform that enables you, as a creator, to create digital content, offers, and services and offer them to the users of the platform. As a user, you have access to both free and paid content from the creators.

2.2 Service Provision

We are entitled to have the contract or parts of the contract fulfilled by third parties.

2.3 Service Time

Unless expressly agreed otherwise, we provide the service immediately after your successful registration.

3. In-App Purchases

3.1 Conclusion of Contract

You have the option to book paid content ("subscription" or "one-time payment") within our app. The usual process is that you choose a paid offer available within our app. You will then be redirected to the Apple App Store or Google Play Store, where you confirm your choice (e.g., using a password, Face-ID, or Touch-ID). This confirmation represents the acceptance of the offer. The contract regarding the selected paid content is concluded upon acceptance.Please note that, in the case of contract conclusion, we are not your contracting party, but rather Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple") or Google Commerce Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google").

3.2 Payment

3.2.1 Prices

All prices include VAT. An overview of the current prices can be found in the description of paid offers within our app or in the Apple App Store or Google Play Store. Creators receive a proportionate remuneration for the content booked by you, which is separately agreed with the creators and settled at the end of each month.

3.2.2 Due Date

For subscriptions, payment is due immediately and in advance at the beginning of each billing period.The first billing period starts on the day you have subscribed and thus concluded the contract for the subscription.

4. Cancellation Policy for Consumers in Distance Selling Contracts

4.1 General

Below, we have included the explanations regarding the right of withdrawal from Google or Apple, which you can also find at https://play.google.com/intl/de_lu/about/play-terms/ (Google) and https://www.apple.com/legal/internet-services/itunes/de/terms.html (Apple).

4.2 Google

Right of Withdrawal: As a consumer, you have a statutory right of withdrawal for contracts for the purchase of digital content on Google Play. This right does not apply to the purchase of individual publications in Google Play Kiosk. The same applies to the purchase of a subscription for digital content. However, when purchasing digital content on Google Play, you agree that the digital content will be made available to you immediately, and you confirm that you are therefore waiving your statutory right of withdrawal. For pre-orders, the automatic statutory right of withdrawal expires at the moment the content is made available to you.Right of Withdrawal for Services: As a consumer, you have the statutory right to withdraw from contracts for the purchase of services within 14 days without giving any reason. The withdrawal period expires 14 days after the conclusion of the contract. If you want to exercise your right of withdrawal, you must clearly inform Google Commerce Limited. You can use this sample form for this purpose. Alternatively, you can contact Google Commerce Limited, c/o Customer Support, Gordon House, Barrow Street, Dublin 4, Ireland, or apply for a refund here. You will promptly receive confirmation of receipt of the withdrawal on a durable medium (e.g., by email). To meet the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.If you withdraw from the contract, all payments you have made under the contract will be refunded to you immediately, but no later than 14 days after Google Commerce Limited receives your withdrawal declaration. The refund will be made using the same payment method that you used for the original transaction, unless you have expressly agreed otherwise. In no case will you be charged fees for such a refund. If you requested the provision of services within the withdrawal period, you may be charged an amount that corresponds to the proportion of services provided up to the time you communicated your withdrawal declaration compared to the total scope of the contractually provided services.

4.3 Apple

Right of Withdrawal: If you wish to cancel your order, you can do so within 14 days after receiving the invoice without providing any reasons.To cancel your order, you must inform us of your decision. To ensure prompt processing, we recommend using "Report a Problem" to cancel all items. Excluded from this are subscription services in third-party apps, Apple Music, iTunes Match, Season Pass, Multi-Pass, and unredeemed iTunes gifts purchased directly from Apple. For these, we recommend contacting iTunes Support. Subscription services can only be canceled after the first subscription and not with each automatic renewal. You also have the right to inform us of your decision to cancel an order by using the sample withdrawal form or providing another clear statement. If you use "Report a Problem," we will promptly send you a confirmation of receiving your cancellation.To comply with the withdrawal period, you must send the notification of order cancellation before the 14-day period expires.Consequences of Withdrawal: We will refund your payment within 14 days after receiving your withdrawal notification. We will use the same payment method that you used for the transaction, and no charges will be applied for the refund.Exception to the Right of Withdrawal: You cannot withdraw an order for digital content if delivery has commenced with your express consent and your acknowledgment that you will lose your right of withdrawal.

Sample Withdrawal Form:

- To Apple Distribution International Ltd., iTunes Store Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland:
- I hereby cancel the contract concluded for: [INSERT ORDER NUMBER, ITEM, ARTIST, AND TYPE]
- Ordered on [INSERT DATE] / received on [INSERT DATE]
- Consumer's Name
- Consumer's Address
- Consumer's Email Address (optional)
- Date

5. Your Responsibility

5.1 General

You are solely responsible for the content and accuracy of the data and information you transmit. You also agree not to transmit any data that violates the rights of third parties or violates existing laws. By transmitting data to us, you confirm that you have complied with the copyright provisions.

5.2 Indemnification

You indemnify us from all claims made by third parties due to such violations. This includes the reimbursement of costs of necessary legal representation.

5.3 Data Backup

You are jointly responsible for backing up the transmitted information. We cannot be held responsible for the loss of your transmitted information as we do not provide a general data backup guarantee.

5.4 Profile Data

You are obligated to keep the content you have provided in your profile up to date and immediately inform us of any misuse of your profile.

5.5 Abusive Contributions

Abusive content or contributions will be disabled or deleted by us without prior notice. Such content includes, but is not limited to, the following cases:- Sending spam, - Sending and storing offensive, obscene, threatening, insulting, or otherwise rights-violating content of third parties, - Sending and storing viruses, worms, trojans, or other harmful computer codes, files, scripts, agents, or programs, - Uploading programs that are capable of disrupting, impairing, or preventing the proper functioning of our service, - Attempting to gain unauthorized access to our service or to individual modules, systems, or applications, or granting such access to third parties, - Content with glorifying violence, pornographic, or otherwise offensive or unlawful content.In case of recurring violations, we reserve the right to block or delete your account. Payments already made cannot be refunded in this case. The right to extraordinary termination remains unaffected.

5.6 Health Disclaimer

Our content is primarily directed at healthy adults, adolescents, and teenagers. Pregnant women and individuals with health problems should seek advice from a doctor in advance, and minors should obtain permission from their legal guardians and provide proof upon request. Regardless, we advise every user to consult a doctor before starting an exercise to ensure no health concerns exist. Overexertion and sudden movements should be avoided in any case. Furthermore, you should clarify whether any existing psychological or physical illnesses contradict the execution of the exercises (e.g., anxiety and depression in connection with meditation exercises or heart failure in connection with relaxation exercises).

6. Duration and Termination

6.1 Termination of a Free Usage Agreement

The usage relationship is concluded for an indefinite period. The usage relationship can be terminated through the respective Apple App Store or Google Play Store.

6.2 Termination of a Paid Subscription

Our contracts with minimum terms can be terminated at the latest by the last day of the contract duration in the Google Play Store or up to 24 hours before the contract ends in the settings of the App Store. If no timely termination occurs, the contract will automatically be extended for an indefinite period but can also be terminated by either party at any time with one month's notice in writing without providing any reasons.This does not affect the right to extraordinary termination for good cause and any existing right of withdrawal.

A good cause exists in particular if:

- You have provided incorrect or incomplete information at the conclusion of the contract,
- You have repeatedly violated other contractual obligations and have not ceased the breach despite our request.

7. Use of Content

By uploading content to the database, you grant us the right to use this content indefinitely for uploading and making it available in the database and for retrieval and storage by third parties. This includes the right to store, reproduce, provide, transmit, link, and publish the content. This may also be done through or in the form of advertising materials (especially linking on social networks, use in commercials, use on our website, or in printed form, etc.) by us or by third parties. The author expressly waives the right to be named. Furthermore, we have the right to modify the content, especially if it does not comply with the above-mentioned requirements of these conditions.

8. Usability of Services

8.1 Development of the Service / Availability

We strive to adapt our services to current technical developments. Therefore, we reserve the right to make changes to the agreed services, as long as these changes do not impair the core services and are reasonable for the contracting party. We are also entitled to partially or completely interrupt platform operation for the purpose of updating and maintenance within reasonable limits. We do not guarantee the constant availability of the offered services and do not guarantee that the offered services or parts of them can be made available and used from any location. Your warranty rights remain unaffected by this.

8.2 Technical Requirements

The use of the platform requires appropriate compatible devices. It is your responsibility to put the device in a condition that enables or maintains the use of the platform services.

9. Warranty for Services

The statutory warranty rights apply.

10. Liability

10.1 Disclaimer of Liability

We and our legal representatives and agents are liable only for intent or gross negligence. Insofar as essential contractual obligations (i.e., obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies) are affected, liability also exists for slight negligence. However, liability is limited to the foreseeable, typical damages. In the case of entrepreneurs, we are liable for grossly negligent violations of non-essential contractual obligations only up to the foreseeable, typical damages.

10.2 Liability Reservation

The above disclaimer of liability does not apply to liability for damages resulting from injury to life, body, or health. The provisions of the Product Liability Act remain unaffected by this disclaimer of liability.

10.3 Data Backup

As part of the service provision, we carry out effective data backups. However, we do not provide a general data backup guarantee for the data you transmit. You are also responsible for creating adequate backups of your data at regular intervals to prevent data loss. While providing the agreed service, we will exercise the appropriate care and provide the necessary expertise for data backup. However, we do not guarantee that the stored content or data to which you have access will not be accidentally damaged or altered, lost, or partially removed.

10.4 Liability for Content

Contributions or profiles with illegal content or false facts must not be published. As the operator of the platform, we are not liable for incorrect information provided by users in their contributions or profiles. A review of the content posted on our platform (especially regarding the violation of third-party rights) does not take place. However, if we become aware of incorrect, inaccurate, misleading, or illegal information, we will review and, if necessary, remove it promptly. Furthermore, we do not warrant the accuracy, currency, completeness, quality, or legality of content not originating from us. We merely provide you with our platform.

10.5 Special Note

Since Google or Apple disclaims all liability regarding the app, we assume this responsibility.

11. Final Provisions

11.1 Jurisdiction

As the exclusive place of jurisdiction for all disputes arising from this contract, our registered office is agreed upon, provided you are a merchant, a legal entity under public law, or a special fund under public law.

11.2 Choice of Law

Unless mandatory statutory provisions of your home country contradict, German law excluding the UN Convention on Contracts for the International Sale of Goods shall apply.

11.3 Online Dispute Resolution

The European Commission has created an internet platform for online dispute resolution concerning contractual obligations from online contracts (OS platform). You can access the OS platform under the following link: <a href="http://ec.europa.eu/consumers/odr/" target="_blank">http://ec.europa.eu/consumers/odr/</a>. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

11.4 Severability Clause

The invalidity of individual provisions does not affect the validity of the remaining general terms and conditions.