The following terms of use apply for the the art of health app and subscriptions for use of the app, provided by
the art of health
Marie Theres Steffen
An der Horeburg 13
21079 Hamburg,
called „the art of health„ below:
These terms of use (called terms of use below) apply exclusively. Terms of use or other conditions of the client are not applicable unless the art of health has expressly agreed to their validity.
1.2. These terms of use apply for all services that the art of health provides via the art of health app (called the “app” below).
1.3. These terms of use also apply if the art of health provides services to the client without reservation in the knowledge that the client's terms and conditions conflict with or deviate from these terms of use.
1.4. Services provided by the art of health are directed exclusively at persons of full age and legal capacity.
1.5. Offerings by the art of health do not represent a binding offer, but an invitation to submit an offer by the client.
1.6. The services of the art of health are only available in the German and English language.
2.1. The services offered by the art of health are intended to assist the client in improving his personal fitness and nutritional habits and achieving his training goals.
2.2. The services offered by the art of health are neither suited nor intended for providing rehabilitation or similar services or generally to restore the client's health and bodily capabilities after an injury or health impairment. In cases of doubt, the client is obligated to obtain the advice of a specialist, for example a doctor or physiotherapist before using the services.
2.3. The services offered by the art of health are described in the app and in the respective app store.
2.4. The services offered by the art of health are not intended to support the client in providing corresponding services to third parties and may not be used by clients for such purposes.
2.5. The art of health's data privacy declaration, which can be called up via the app, applies for the data privacy obligations.
3.1. The download of the app and use of the health journals and the app's FAQs are free of charge.
3.2. In order to be able to use the full scope of services of the app, a subscription for the app must be concluded via the respective app store used for the client's end device.
3.3. The client's contract partner for the purchase of the subscription is the operator of the respective app store. In this respect, the art of health points out the following:
3.3.1. A subscription is automatically renewed if the customer does not cancel it at least 24 hours before the end of the subscription period.
3.3.2. Subscriptions can be managed in the account settings of the respective app store used for the client’s end device and the automatic renewal deactivated. The client has the right to terminate a subscription within 14 days after the initial conclusion.
3.4. After conclusion of a subscription, the appropriate services shall be provided immediately for use in the app.
3.5. The client's failure to utilize the services does not release him from his payment obligation with regard to current fees.
4.1. The art of health enables the use of for-fee offerings, for example subscriptions (number 4 above)(“the art of health services” below) via the app for use on end devices.
4.2. Both these end devices and their operating systems as well as the art of health services and the app are constantly enhanced in order to satisfy current requirements (for example, for IT security, usability, and interfaces to third-party systems or changed legal framework conditions, especially legal regulations) and provide new or improved functions.
4.3. The art of health is thus entitled to provide new versions of the app or of services provided by the art of health in order to satisfy current requirements and/or provide new or improved functions, insofar and to the extent that with the provision of a new version or change, there are only insignificant changes to the functionalities of the app or a service provided by the art of health.
4.4. If and to the extent that the provision of a new version or a change to a service provided by the art of health is accompanied by a more than insignificant change to functionalities of the app or a service provided by the art of health, the art of health will announce this to the client in text form within a reasonable period of time before such change takes effect, usually by e-mail.
4.4.1. In this case, the client can terminate the contract for the use of a service provided by the art of health within 30 days free of charge.
4.4.2. The period shall commence upon receipt of the announcement pursuant to section 5.4. If the change is made after receipt of the announcement, then the period at with the time of the change.
4.4.3. The client cannot terminate the contract if access to the unchanged service provided by the art of health and usability of the unchanged service provided by the art of health are still available without additional costs.
5.1. Under availability, the contract partners understand the technical usability of online services to be provided by the art of health at the transfer point for use by the client. Transfer point for online services to be provided by the art of health is the router outlet of the data center in which online services to be provided by the art of health are provided.
5.2. For all services provided online, the art of health guarantees an availability of 24 hours per day within its area of responsibility.
5.2.1. Excepted from the availability according to number 6.1 is required planned maintenance work. Planned maintenance work is work on data processing systems or the overall system that is required for technical adaptation, guarantee of function and interoperability, technical enhancement, and other changes. The art of health shall inform the user in advance about this.
5.2.2. In addition to the planned maintenance work according to number 6.2.1, availability according to number 6.1 can be restricted due to unplanned and unforeseen downtimes. These are times in which, due to unplanned and unforeseen events for which the art of health is not responsible, for example, force majeure, interruption of the power supply, hardware and software errors and technical problems in the data lines, during which the provision of services by the art of health is not available.
5.3. The art of health support can be reached from Monday to Friday from 9:00 AM to 6:00 PM. The art of health support cannot be reached on legal holidays. The support can be contacted using the contact data that can be called up in the app.
6.1. Usage data that is collected due to client inputs into the app and/or the use of services provided by the art of health shall be backed up by the app only on the client’s end device and not on a server used by the art of health. The art of health has no access to this data and cannot restore lost data for the client.
6.2. The client shall, insofar as and to the extent that it is technically possible, take appropriate measures for data back-up of the usage data stored in the app and back up the usage data at appropriate intervals.
7.1. The client is obligated to use the most recent version of the app that is provided during the term of a subscription in the app store used by the client. The client shall be informed about updates by the operator of the app store.
7.2. If the client fails to install the current version of the app within an appropriate period, the art of health shall not be liable for a defect in the app that can be traced back solely to the lack of the current version of the app insofar as the art of health has informed the client about the availability of a current version of the app and the consequences of failing to install it.
8.1. The art of health shall be liable without limitation for damages caused intentionally or by gross negligence, for injury to life, limb and health, for claims under the Product Liability Act or pursuant to Article 82 of the General Data Protection Regulation (GDPR), as well as for pre-contractual claims, for liability due to fraudulent concealment of a defect or from the assumption of a guarantee or warranty.
8.2. In case of slight negligence, the art of health is only liable for the violation of essential contractual obligations. Essential contractual obligations are such obligations that are of particular significance for achieving the goal of the contract, as well as all of those obligations which, in case of culpable breach, can cause the achievement of the contractual purpose to be jeopardized. In these cases, liability is limited to compensation for typical contractual and foreseeable damages.
8.3. According to number 7, the client is responsible for backing up his usage data saved in services provided by the art of health. In the event of a loss of data for which the art of health is responsible, the art of health shall be liable only to the extent of the recovery effort required if electronic backup copies were available.
8.4. Insofar as the art of health's liability for damages is excluded or limited, this shall also apply with regard to personal liability for damages of the art of health's employees, representatives and other vicarious agents.
8.5. The art of health is not liable for whether the client can permanently use the art of health’s services to achieve success of their own and, for example, improve nutrition, training performance or state of health.
9.1. The client is only entitled to use the app and services provided by the art of health for his own and personal purposes and in his own name to improve his own fitness and nutritional habits, for his own nutrition coaching and to achieve his own personal goals according to the description of the app in the respective app store and the description of service provided by the art of health. The art of health grants the client a simple, not sub-licensable, and non-transferable right of use. This right of use is restricted to the art of health’s services for the duration of the respective subscription for the contractual use of the art of health's services.
9.2. Insofar as any additional use is not expressly permitted in these terms of use, all rights of use to the art of health’s services are only granted for use by a person, namely the client himself, in whose name the account in the respective app store used to purchase a subscription is registered.
9.3. Insofar as any additional use is not expressly permitted or enabled in the app with a corresponding functionality (e.g. Download button),
9.3.1. the content available in the art of health’s services may be accessed and displayed by the client via the app exclusively for the client's own personal use;
9.3.2. the client is not entitled to edit, modify, translate, show or demonstrate, publish, exhibit, reproduce or disseminate the content available in the app and in the art of health's services in whole or in part; and
9.3.3. the client is forbidden to remove or change trademarks, logos, and other marks or notices of protection.
9.4. If and to the extent that a database, databases, database work or database works are created during the term of this contract by compiling application data within the scope of the permitted uses of the app and/or services provided by the art of health by the client, all rights thereto shall vest in the client. The client shall remain the owner of the database or database works even after the end of the contract.
9.5. The mandatory statutory rights of the client (including reproduction for private and other own use according to § 53 UrhG) remain unaffected.
10.1. The client is obligated
10.1.1. to abide by all applicable laws and other legal provisions and to observe the rights of third parties when using the app and the art of health's services;
10.1.2. to keep the usage and access authorizations assigned to him for the app or services provided by the art of health, for example, user name and password, confidential, to protect them against access by third parties, and not to transmit them to unauthorized users. The client must keep this data secure with suitable and appropriate measures;
10.1.3. inform the art of health immediately if there are indications that access data and/or passwords for the app or services provided by the art of health could have become known to unauthorized persons;
10.1.4. create the access requirements for the use of the app and services provided by the art of health that can be viewed at https://the-art-of-health.de and/or in the Google Play Store and the Apple App Store;
10.1.5. refrain from unauthorized use, especially the uses listed in number 10.2, and
10.1.6. always keep the contact data up-to-date, in particular the e-mail address, so that the art of health can contact the client.
10.2. It is forbidden for the client – even regardless of any possible violation of the law –
10.2.1. to use the art of health's services or the content of the art of health’s services beyond the rights of usage granted in number 10, especially for commercial, independent or other professional activities;
10.2.2. to use the app or the art of health's services in order to assist third parties, for fee or free of charge, especially for providing training or nutritional advising, to train trainers or advisors, and/or to permit comparable use by third parties;
10.2.3. to make the art of health’s services available to third parties;
10.2.4. to use the app and/or the art of health's services to save, process, disseminate or otherwise use content that is pornographic, racist, fraudulent, offensive, glorifies violence, incites hatred, discriminates or violates youth protection;
10.2.5. to use the app and/or the art of health's services to disseminate lewd, offensive, sexually-oriented, obscene or defamatory content or communication, or content or communication that promotes or supports (explicitly or implicitly) racism, bigotry, hatred, discrimination, physical violence or unlawful acts;
10.2.6. to record, reproduce, process, save, or otherwise use any content of the app and the art of health's services, regardless of whether such materials or content were provided by third parties or the art of health via manual or automated mechanisms (e.g. bots, robots or scrapers) not authorized by the art of health;
10.2.7. to reproduce, disseminate, publicly transfer or otherwise use or sell the app of contents of the app and/or the art of health's services without the express permission of the art of health;
10.2.8. to enable third parties to access and/or use the app and the art of health's services with the individual access data; and
10.2.9. to undertake or encourage actions that compromise the fault-free operation of the app and the provision of the art of health's services, such as denial-of-service attacks.
11.1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the client is a consumer and does not reside in Germany, mandatory provisions of the country in which the consumer resides shall remain unaffected by this choice of law.
11.2. If any provision of this agreement is or becomes invalid in whole or in part, this shall not affect the validity of the remaining provisions.