Terms and Conditions of the Butterfly Coach App User Agreement

This User Agreement (hereinafter referred to as the „Agreement“) governs the relationship between „BF Coach GmbH und Co.KG“ (BF Coach GmbH & Co. KG with its registered office address at Brinkstraße 25, 27245 Kirchdorf, Deutschland (hereinafter referred to as „we“, „us“, „our“ or „BF Coach“) and the user of the mobile application (hereinafter referred to as „you“ or „User“) within the scope of the mobile application „Butterfly Coach Fitness“ (hereinafter referred to as the „Application“) and its functionality. Provided our application, we offer workouts and nutrition plans adapted to your needs, as well as training packages and exercises based on the latter (hereinafter referred to as the „Workout“ or „Exercises“) as well as the accompanying nutrition plans (hereinafter referred to as the „Plans“). We also invite you to track your progress, additional activities and trials, and to participate in the Butterfly Coach Community and receive notifications („Additional Features“). Workouts, plans and additional features together constitute the Application Features.

1. Agreement undertaking

The Application Agreement („User Agreement“) is concluded on the terms and conditions of the platform of the respective provider („Online Shop“) using which you can download the Application to your smartphone. On this platform, we offer our Application free of charge. The User Agreement takes effect when you create a user account at an online shop („User Account“) or after you have chosen the authorization method to login to an existing user account and click on the confirmation button to install the Application. The user agreement is concluded for an indefinite period.

1.1 Account and registration

To use the Application, it is required to have a user account („Account“). You should create such an account in the Application. The following information is required to create an account: gender, profile name, email address, password.

You can also use this information from your Google, Facebook or Apple account in order to complete the registration process. When you sign in with a Google, Facebook or Apple account, the data stored there and required for registration is automatically transferred to the registration form in the app.

Before pressing the “Send” button, you have an opportunity to edit any errors on your own.

After entering the data, you should complete the registration. To do so, you shall confirm that you accept these terms of the User Agreement by clicking „Submit“, thus initiating the completion of the registration process. After that, for security reasons, we will send you an email to the email address you specified during the registration process. To confirm your e-mail address and activate your account, you should click on the link provided in the e-mail. After that your registration will be completed and your account will be active.

1.2 Account creation permission

1.2.1 General terms

You can’t create an account if you were previously temporarily or permanently banned from using the Application.

1.2.2 Age required to use the Application as well as its functionality

You must be over 16 years; if you are under 18 years, your legal guardian must still give your consent to the subscription, and if this has not happened for any reason, your legal guardian must still give your consent afterwards. Unfortunately, you cannot use the service without the consent or approval.

2. Application Functionality

Once you have created an account, you can take advantage of the main application features. Using them, you can access your profile and the settings menu with the corresponding tabs („Basic Functionality“). The User Agreement for Basic Functions may be terminated by you or us at any time without explanation. You may terminate the agreement by deleting your account in the Application Settings or by sending us a request to delete your account.

3. Additional paid services

3.1 Subscription

In order to use the features of the application, after creating an account, you shall have one of the paid subscriptions, the validity period and cost of which may vary („Subscription“). The application provides you with information about available subscriptions, their expiration dates and prices. If this is the first time you have subscribed, you may receive a free trial subscription within seven days („Trial Subscription“). You can cancel your trial subscription at least 24 hours before the end of the 7-day period. The subscription fee is to be paid at the end of the validity period (excluding the Trial Subscription Period) and will be charged by the online store.

3.2 Termination of the agreement

3.2.1 Deadlines
The subscription validity period starts only after the end of a trial subscription that has not been canceled. The Subscription will automatically renew on the same terms if it has not been canceled at least 24 hours prior to its expiration (the initial term and each additional term of the Subscription due to automatic renewal, separately and together referred to as „Minimum term of agreement“). The Subscription will automatically renew until you cancel it after the expiration of the relevant minimum term.

3.2.2 Termination of the agreement folliwng the usual manner

Either you or we may cancel your subscription at least 24 hours before the minimum term of the Agreement expires. Paid payments will not be refunded (also partially) – even if you delete an account initiated by you – unless otherwise provided in these Terms of Use. After you cancel your subscription, your User Agreement and account shall remain valid until requested to delete them.

3.2.3 Early reasoned termination of the agreement

We reserve the right to temporarily suspend or cancel your account on the basis of valid excuses and thereby permanently block your account (if necessary after a violation of the rules within the time frame set out to remedy the situation or if the rules are violated after a warning), for example, if we find a significant or repeated violation of the User Agreement, including these Terms of Use or legal regulations as well. If you violate these Terms of Use and we do not take immediate action, this does not mean that we waive our right to take action in the future.

3.2.4 Cancellation of Agreement

If you subscribed, you have the right to cancel it:

Clarification of rights to cancel the Agreement

Right to cancel the Agreement

You have the right to revoke this Agreement within fourteen days without explanation. The period of withdrawal is fourteen days from the date of the Agreement. In order to exercise your right of withdrawal, you shall notify us (BF Coach GmbH und KG, Brinkstraße 25, 27245 Kirchdorf, Deutschland, telephone: +49 4273-9789785, fax: +49 4273-933922, e-mail: hello@bf-coach.de), while providing a clear statement (e.g. letter, fax or e-mail) of your decision to withdraw from this Agreement. In order to do so, you may use the attached sample form to cancel this Agreement, however, this is not necessary.

In order to comply with the time limit for cancellation, it is sufficient to provide notice of the exercise of your right to terminate the Agreement by the end of the said time limit.

Consequences of the revocation of the Agreement

If you withdraw this Agreement, we will refund all payments received, including transfer costs (excluding any additional costs if you choose a method of transfer other than the cheapest standard transfer method offered by us), immediately and no later than fourteen days from the date we receive notification of your decision to withdraw this Agreement. For this payment, we will use the same means of payment as you used for the original Transaction unless we have entered into an express Agreement with you; in no event will you be charged a fee for this payment.

Termination of clarifications of rights to cancel the Agreement

Template for the Agreement to be cancelled

(If you want to terminate the Agreement, please fill out this form and send it back).

To: BF Coach GmbH & Co. KG, Brinkstraße 25, 27245 Kirchdorf, Deutschland, Fax: +49 4273-933922, e-mail: hello@bf-coach.de:

I/we (*) hereby revoke the Agreement entered into by me/us (*) to provide the following services (*):

– Delivered to (*)/received to (*)

– Username(s)

– User address(es)

– E-mail address of the user

– Signature of the user(s) (only in case of a message written on paper)

– Date

(*) Strikeout whichever is not applicable.

4. Your data and possible consequences in the framework of the User Agreement and Subscription

In order to provide our services, we need your consent to process certain personal data. If you exercise your right to revoke the consent given to the relevant data processing, we will no longer be able to provide the service or provide the full scope of services.

5. User responsibilities

5.1 Personal use

The User is granted the right to use the Application solely for personal and non-commercial use. In particular, the data and information obtained through the use of the Application may not be used for commercial purposes or transferred to third parties.

5.2 Non-transferrable subscription rights

You also cannot allow any other person to use the Application or your account, nor can you delegate your right to use the Application to another person. Only one Subscription can be created per user.

6. Medical data

6.1 General information

The purpose of the service is to encourage you to exercise and eat healthy. We cannot guarantee that you will achieve certain goals when using the service. When creating a training program and nutrition recommendations, we make our best to take into account the current state of sports as well as nutrition science. However, given new break-through, developments and trends, we cannot guarantee that the information provided always and unreservedly reflects the latest state of research and the full range of opinions presented within the scientific sphere. The advice and information provided does not in any way constitute or replace medical therapy or diagnosis, nor does it replace the advice provided.

6.2 Before working out

Before your first workout, we suggest you consult a doctor. During your workout, always pay attention to any body signals that reflect your physical or health condition. If you experience any health problems before, during or after your workout, such as pain, dizziness, breathlessness, nausea or any other discomfort, do not start or immediately stop your workout and consult your doctor if necessary. If you suffer from any disease, in particular:

– joint diseases (such as rheumatism, arthrosis, arthritis),

– spinal problems (intervertebral disc herniation),

– muscle diseases or

– cardiovascular/pulmonary/respiratory diseases,

or if you have recently undergone surgery, we strongly recommend that you do not start or continue your training until you seek medical advice about the safety of the selected and elaborated workout plans for you. The same applies to pregnant and lactating women.

7.Further Development of the Application and Services

We are constantly developing our Application and services, updating, changing and improving it in order to provide our users with cutting-edge technologies and ways to use our Application and its functionality.

Some functions or parts of the Application and Services may be modified if necessary for compelling reasons (e.g. maintaining or improving the functionality), however, this will not entail any negative change to the quality of the services you receive and will not cause any deviation from this Agreement. A convincing reason is considered to be a reason, e.g. if technical innovations appear on the market with regard to the services provided or if third parties who provide us with the required preliminary services, changing their range of services. Changes in legislation or relevant requirements that affect our Application or Services also allow us to modify the scope of services in order to meet such changes or requirements.

8. Warranty obligations and disclaimer of warranty

Your claims regarding the improper implementation of the Agreement are subject to the statutory provisions.

We would like to highlight that we do not warrant or guarantee that you will achieve or be able to achieve your desired workout goals with the help of the Application.

9. Liabilities of the Parties

We shall be liable in accordance with statutory provisions for any damage caused by our will or gross negligence.

In the event of simple negligence, we shall only be liable in the event of a breach of essential contractual obligations and only for foreseeable and typical damage. Material contractual obligations are obligations whose fulfilment is necessary for the proper execution of the Agreement and on which you can always rely.

Restrictions on liability do not apply within the scope of our guarantees for culpable damage to life, body or health or for claims arising from the Product Liability Act.

We shall not be liable for damages caused by improper workouts.

10. Intellectual property rights

The Application and all content displayed or contained in the Application, including software, photographs, text, graphics, design, illustrations, logos, patents, trademarks, sounds, videos, music, information, data, other files and their arrangement („Protected Materials“), as well as all intellectual property rights in connection related to the Application, belong exclusively to BF Coach, except for your own posted content. You are entitled to a non-transferable, non-exclusive, worldwide license to the Protected Materials, limited in duration to the extent required to use the Application and the Service for non-commercial purposes under the terms of the Agreement. Except as expressly provided in these Terms of Use, no additional licenses for Protected Materials are granted to you by BF coach or any third party.

The license to use the services expires at the end of the subscription period, while the license to use the application expires at the end of the User Agreement.

11. Type of service provided, supporting means

The application and functionality are offered exclusively in electronic form via a compatible smartphone. If you want to use additional equipment during training (e.g. weights or ropes), you shall purchase them yourself. However, you can also use the app without any workout additional means. Individual exercises that require certain additional equipment will not be included in your individual training plan unless you agree to them.

12. Personal data protection

In connection with the functionality of the Application, the execution of the User Agreement and the Subscription, we depend on the processing of certain personal data received from you. Further information on how we process your personal data and what rights you have in this context can be found in our privacy policy, which is available at http://www.bf-coach.de/datenschutz/app.

13. Amendments

We may change these Terms of Use in the future due to legal, regulatory or technical requirements. You will be notified of changes at least eight (8) weeks in advance. You agree to be notified of changes made in accordance with the use of the Application, via a message in the Application or by email to the email address specified by you. These changes will be deemed approved if you do not deny your consent in writing within the notice period or if you continue to use the Application after the notice period has expired. The notice will specify these consequences. It is recommended that you send us any objections by e-mail in order to obtain evidence. If you object to a change in the terms of use of the Application, we expressly reserve the right to terminate the User Agreement and cancel the Subscription.

14. Online disputes settlement

The European Commission provides an online dispute settlement platform, which you can find at http://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in the resolution of disputes before the Consumer Arbitration Board.

15. Information regarding «BF Coach»

BF Coach GmbH und Co.KG

Brinkstraße 25,

27245 Kirchdorf

E-mail: hello@bf-coach.de

Phone number: +49 4273-9789785

Personally liable member of the limited liability partnership BF Coach GmbH und Co.KG:

BF Management GmbH,

Brinkstraße 25, 27245 Kirchdorf

Managing Director of BF Management GmbH – Master of Science, Michaela-Johanna Meinderzma

Commercial Register: District Court Valstrode HRA 203399

Taxpayer identification number DE312008949

16. User Agreement by wording

You can also view this User Agreement at www.bf-coach.de/nutzungsbedingungen/app.