TERMS OF USE

1. Introduction

We, the SAS BEFIT company are happy to welcome you as a member of the Kapital community. This terms and conditions set out the legal framework for using Freeletics and the services that we offer. Therefore, please read these General Terms and Conditions of Business carefully.

2. Scope

2.1. Parties to the contract and subject matter of the contract

These General Terms and Conditions of Business form the basis of the user contract being formed between you and us, SAS BEFIT, 10 rue Chasse Epée, 95410, Groslay, France (hereinafter referred to as "us" or "we"). The subject matter of this contract is the use, free of charge or for a fee, of the services we offer under the name Kapital via our website www.kapitaltraining.com, other Kapital websites or via our software applications (hereinafter referred to individually as "Kapital Service" or collectively as “Kapital Services” or in general “Kapital”). If you would like to have a mobile app to use the Kapital Services, please check our website www.kapitaltraining.com to see if our mobile app works on your end device and your end device's operating system.

2.2 Terms and conditions for participating

A condition for opening a user account and using the Kapital Services is that you are at least 18 years of age and have full legal capacity.
Kapital is intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Use of Kapital for commercial purposes of any kind is expressly prohibited.

2.3 Additional terms and conditions

We reserve the right to agree to additional terms and conditions for individual Kapital Services. We will, however, notify you of this in good time prior to use.

3. Kapital's Services and Prices

3.1 Services free of charge or for a fee

The scope of the services included in the Kapital App and available for use by you depends on whether you use the Kapital App free of charge or for a fee. If you use it free of charge you only have access to certain basic functions and information of the Kapital App. A more extensive range of functions is available to you if you enable the respective content modules (such as a training routine) separately in return for a subscription for the Kapital App.
Please note that in order to use the Kapital App to the full extent, certain equipment and training tools (such as a gym equipment, straps or a pull up bar) may be required. These are not part of the Kapital App and need to be provided or purchased by you separately at your own costs.

3.2 Prices

Please consult the websitehttps://kapitaltraining.com for information on the respective current pricing and subscription models and the services that these include. All prices stated include the applicable VAT.

4. Your Health

4.1 Terms and conditions with regard to your health

Use of the Kapital App is at your own risk.
In any case a condition for the use of the Kapital App is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you start to use the Kapital App (such as trainings or coachings). This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures: (i) cardiovascular disease, (ii) lung or respiratory disease (including asthma), (iii), spinal and/or joint problems, (iv) neuromuscular disease, (v) surgical procedures, (vi) any other health issues.

In addition our female athletes should note that pregnant women and breast-feeding mothers should not do the trainings and coachings offered by us.

The following general rules apply: Listen to what your body is telling you. Before using the Kapital App for the first time or while using the Kapital App, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing with the Kapital App.

4.2 No substitute for medical advice

The services and information offered by SAS BEFIT and the Kapital App do not constitute medical advice or a doctor's advice. Nor are they a substitute for a medical examination or treatment by a doctor.

4.3 Training - Dietary Methods

Fitness and/or nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science. Although we base our trainings and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge.

5. User Account

5.1 Registration process

In order to use the Kapital App you must first register and open a user account. You can open a user account via our mobile apps. We will ask you to accept these General Terms and Conditions of Business and our privacy policy during the registration process. Alternatively you can open a user account by using your Facebook account. The registration process is completed, once you have entered your Facebook account details and clicked the “Confirm” button.

6. Conclusion of a Contract

How the respective contract is formed depends on the method by which you register for the Kapital App for the first time and whether you sign up for additional fee-based services.
When registering via mobile apps, the formation of the user contract depends on the rules of the app store supplier (for example Apple, Google, Sony etc.). The contract is generally formed when you click on the "Install" field in the relevant app store and, where necessary, enter your password in question. Please note that in order to use the Kapital App it is still necessary to open a cost-free user account with us.

If you purchase the “premium” subscription service via your mobile app, the contract is formed when you click on the field "Buy now", or a similar field, as part of an in-app purchase and, where necessary, enter your password for the app store in question.

7. Term of Validity

7.1 User contract

The user contract concluded between you and us once you register your account is valid for an indefinite period.

7.2 Subscriptions

Our subscriptions are offered with minimum term of validity of 1 month and are automatically renewed until you or we cancel them. In order to avoid any misunderstanding, please note that the term of a subscription is determined by calendar and is independent from your use or extent of your use of the Kapital App.

8. Terms and Conditions of Payment

8.1 Collection of fees

Fees are collected when the contract is concluded for purchases of the premium subscription. The fee is collected for the first month when the contract is concluded for the purchase of a subscription. If the subscription is renewed automatically, the fee is collected in advance at the start of the relevant renewal period. Different terms and conditions apply if the fee is collected via iTunes; in this case the fee is already collected 24 hours before the start of the respective billing period.

8.2 Payment default

We reserve the right to assert further claims for late payments.

9. Payment Methods

If you purchase our premium subscription, the app-store supplier will bill you. Please consult this supplier to find out what payment methods are available.
If we incur costs and/or expenses because a payment is declined and this is your fault (e.g. because there are insufficient funds in the account or the credit card limit has already been exhausted), then we are entitled to bill you for the actual costs and/or expenses incurred.
Where there is a legitimate reason, we reserve the right for each purchase to refrain from offering certain payment methods and to specify alternative payment methods.

10. Right to Cancel

If you have entered into a contract for use of the Kapital App, you are entitled to the following right of withdrawal. You have the right to cancel the contract within 14 days without stating any reasons. The cancellation period runs for 14 days from the conclusion of the contract.

To exercise your right of cancellation you must send us a letter at this address:
SAS BEFIT
10 rue Chasse Epée
95410 Groslay
FRANCE

11. Liability for Defects

11.1 Statutory Provisions

Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.

11.2 Disclaimer of guarantees

We do not make any representations or guarantees that the use of the Kapital App will bring the training- or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the Kapital App.

12. Liability

12.1 General

Insofar as you are provided with guides or instructions in connection with the Kapital App it is imperative that you follow them. Otherwise you risk being injured and your general health.
Insofar as you use equipment or training tools it is your responsibility to ensure that such equipment and tools are in good working condition and installed and/or set up properly.
You need to observe and respect our health safety notices in clause 4.

12.2 Liability for services provided free of charge

For services provided free of charge, we will be liable, regardless of the legal basis, exclusively for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for wilful misconduct. In the event of gross negligence or the absence of a guaranteed feature our liability is limited to reasonable, foreseeable damage. Otherwise, our liability is excluded.

12.3 Liability for services provided for a fee

In the case of services provided for a fee we have, regardless of the legal basis, unlimited liability in principle for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature.
If we breach a material contractual obligation as a result of slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfil the purpose of the contract, and on the fulfilment of which you as the consumer can rely or ought to be able to rely.
Our liability in the event of any injury to life, limb or health that is our fault remains unaffected by the above-mentioned limitations.
Otherwise, our liability is excluded.

13. Rights of Use over SAS BEFIT and the Kapital App Content

Depending on which services have been enabled for you, or which services you have purchased, the services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites other than Kapital’s website, is not permitted. The right of use will lapse when your access to the respective service is no longer enabled (e.g. after you have cancelled your subscription) or when your user contract ends.

14. Responsibility for User-Generated Content

14.1 Disclaimer of responsibility for third party content

You are solely responsible for content that you post within the Kapital services. We accept no responsibility for this content, nor do we monitor it.

14.2 Compliance with statutory provisions

When supplying your own content you are obliged to comply with all the applicable laws and other legislation of France. Regardless of whether or not it constitutes a criminal offence, it is prohibited to supply content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory nature.
In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights). In particular you must also hold the necessary rights over your profile picture or any other picture you post.
We are entitled to delete or remove any content that is unlawful or that infringes the above-mentioned principles at any time. If you infringe the above-mentioned principles we are entitled to give you a warning or to temporarily block your user account or to cancel the user contract for good cause in accordance with clause 15.3.

14.3 Indemnification

If you infringe the principles mentioned in clause 14.2 and that this is your fault (i.e. because you acted either negligently or with intent), you are obliged to indemnify us against any third-party claims arising from such infringement. We reserve the right to assert claims for damages and other claims.

15. Ending the Contract

15.1 User contract

You have the right to cancel your user account at any time, without stating any reasons, thereby also ending your user contract. To do this you simply have to select the necessary settings in your profile. Please note that after you have cancelled your user account we will or may delete all the content and training results that you added, and you will no longer have access to content that you already purchased. If at the time of deleting your account you still have a current subscription or have booked an additional service that has not yet expired, any sum that you have already paid will not be refunded, not even on a pro rata basis.
We are entitled to cancel the user contract without stating any reasons by giving two (2) weeks' written notice, but no earlier than at the end of the minimum contractual term or at the end of the respective renewal period of your subscription and/or at the end of the term of any additional service for which you have paid a one-off fee.

15.2 Subscription

Every subscription for a Kapital premium account must be cancelled individually. You can cancel the respective subscription without stating any reasons at any time effective at the end of the minimum contractual term or at the end of the respective renewal period. Subscriptions purchased via in-app purchase must be cancelled using the settings in the respective app store. If your subscription fee is collected via iTunes, contrary to the provisions above a notice period of 24 hours before the end of the minimum contractual term or before the end of the respective renewal period applies for technical reasons. Your user account and any other subscriptions will continue to exist after you have cancelled your subscription.
We are entitled to cancel your subscription with effect from the end of the minimum contractual term or with effect from the end of the respective renewal period by giving two (2) weeks' written notice.

15.3 Cancellation for good cause

The right to cancel for good cause remains unaffected in the case of either party. In particular we are entitled to cancel your user contract or your subscription with immediate effect, and to cancel your user account, if you seriously or repeatedly breach the provisions of the user contract and/or these General Terms and Conditions of Business, or if you are in arrears with your payment obligations.

16. Personal Data

We process your personal data in accordance with our privacy policy; you can always retrieve the current version of these at https://kapitaltraining.com/privacy-policy/.
In particular these data protection provisions govern and explain the extent to which your personal data can be seen by other users and what options you have for controlling its disclosure to other users.

17. Changes to the General Terms and Conditions of Business

We reserve the right to change or modify these General Terms and Conditions of Business with future effect. We will advise you of the changes by email no later than two (2) weeks before the new version of the General Terms and Conditions of Business is scheduled to enter into force. If you do not object to the validity of the new General Terms and Conditions of Business within such period and continue to use the Kaoital App, then the new General Terms and Conditions of Business will be deemed to have been accepted. In the event that you do object, we expressly reserve our rights of ordinary cancellation. We will also advise you again separately of your right to object, the deadline to do so and the legal consequences of your objection or failure to object.

18. Final Provisions

18.1 Applicable law

The relationship between the parties is governed exclusively by French law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.

18.2 Place of jurisdiction

If you do not have a place of general jurisdiction in France or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions of Business have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.

18.3 Language of the contract

The language of the contract is English.

18.4 Severability clause

Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.

19. Information about the Supplier

SAS BEFIT
10 rue chasse épée
95410 GROSLAY
Courrier électronique : hello@kapitaltraining.com
Président : Pierre Briva

Registered at the Tribunal dʼInstance de Pontoise

VAT: FR74 818078362

© 2017 SAS BEFIT

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