General terms and conditions
to the H2Coach app
of Fjordev GmbH
Krimweg 1b, 24975 Maasbüll, Germany („Fjordev“)
Phone: +49 461 99583791, e-mail: firstname.lastname@example.org
Table of Contents:
A. General provisions
B. Special provisions for contracts with user account, including premium services
C. Special provisions for the purchase of goods
1. These General Terms and Conditions (hereinafter „GTC“) apply to all services offered by Fjordev in connection with the app „H2Coach“. These GTC thus apply to the conclusion of contracts within the H2Coach app, in particular when registering a user account, ordering premium services and purchasing goods, including corresponding in-app purchases via app marketplaces.
2. These GTC do not apply to the purchase of the mobile app „H2Coach“ (hereinafter also referred to simply as the „H2Coach App“) in the Apple App Store or the Google Play Store (both hereinafter also referred to as the „App Marketplace“), which is offered there for download free of charge.
3. The provisions in this Section A. shall apply in addition to the special provisions in the following Sections.
4. Fjordev does not recognize any terms and conditions of the User that deviate from or conflict with these GTC.
§ 2 Amendment of these GTC
Amendments to these GTC shall be offered to the user in text or written form, e.g. via an e-mail to an e-mail address specified by the user, no later than two months before the proposed date of their coming into effect. The User shall be deemed to have given his consent if he has not given notice of his rejection before the proposed date on which the amendments are to take effect. This shall not apply if main performance obligations, such as the amount of remuneration or the main performance obligations pursuant to Section B § 2, are affected by the change. Fjordev shall specifically draw the User’s attention to the aforementioned approval effect in the offer for the change.
§ 3 Safety instructions, compliance with safety regulations and external medical advice
First of all, please note that you must be an experienced swimmer before using Fjordev’s services. Please further observe all safety regulations and any third party medical or doctor’s advice and, if in doubt, verify with a doctor before using Fjordev’s services. This also applies if you have recently had an accident, are suffering from a minor or major injury, or have any special circumstances to consider. Fjordev’s suggestions for swimming are only suggestions and are aimed at completely healthy individuals; please only implement the suggestions if you are completely healthy and you can therefore follow them without risk to your health. In any case, make sure you only do workouts when people are present who can rescue you in case of emergency, such as a lifeguard. None of Fjordev’s services constitute medical or doctor’s advice.
§ 4 Limitations of liability
1. The statutory liability for defects applies to the services.
2. The user may claim damages only:
– for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by Fjordev or an intentional or negligent breach of duty by a legal representative or vicarious agent of Fjordev;
– for damages caused by an intentional or grossly negligent breach of duty by Fjordev or by an intentional or grossly negligent breach of duty by one of Fjordev’s legal representatives, executives or vicarious agents;
– for damages resulting from the intentional or negligent breach of material contractual obligations (cardinal obligations) by Fjordev, a legal representative of Fjordev, executives or vicarious agents. Material contractual obligations (cardinal obligations) are obligations whose fulfillment is necessary for the proper performance of the contract and on whose compliance the User regularly relies;
– for damages that fall within the scope of protection of a guarantee (assurance) expressly given by Fjordev or a guarantee of quality or durability.
In the event of a simple negligent breach of a material contractual obligation, Fjordev’s liability shall be limited to the amount of the damage typically to be expected and foreseeable for Fjordev at the time of the conclusion of the contract when exercising due care. This does not apply to damages resulting from injury to life, body or health.
Claims for damages by the user in the event of a simple negligent breach of a material contractual obligation shall become statute-barred one year after the statutory commencement of the limitation period. Excluded from this are damages arising from injury to life, body or health.
Claims for damages against Fjordev based on statutory liability, for example under the Product Liability Act, shall remain unaffected by the foregoing provisions and shall exist to the statutory extent within the statutory periods.
Any strict liability of Fjordev for a defect existing at the time of the conclusion of the contract pursuant to § 536a Abs. 1 Alt. 1 BGB (German Civil Code) is excluded, unless it is an expressly warranted characteristic or Fjordev has fraudulently concealed the defect.
§ 5 Severability Clause, Choice of Law, Place of Jurisdiction
1. If one or more provisions of these GTC are or become invalid in whole or in part or if these GTC contain a loophole, this shall not affect the validity of the remaining provisions of these GTC.
2. The contract including these GTC shall be governed by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. This does not apply if mandatory consumer protection regulations in the country in which the user has his habitual residence are more favorable to the user (Art. 6 VO (EG) 593/2008).
§ 6 Dispute resolution procedure
1. Fjordev is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. European Commission platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/
3. Fjordev’s email address is: email@example.com
for contracts without and with user account, including premium services
§ 1 Scope, General
1. The Special Terms in this Section B apply to the use of the H2Coach App without a User Account, to the use using a User Account, and to the commissioning of Premium Services.
2. The provisions in this Section B apply in addition to the General Conditions in Section A.
§ 2 Service description, technical requirements
1. The app is offered in the three service levels „Basic without user account“, „Basic with user account“ and „Premium with user account“ (or only „Premium“). The description of the services included in each case results from the presentation in the H2Coach app and other description and advertising documents. The „Basic without user account“ service level is active by default after the H2Coach app is called up for the first time. The „Basic with user account“ service level is available without remuneration. The „Premium with user account“ service level (or just „Premium“) is required to activate all services.
2. Please note that some swimming pools do not allow the carrying of mobile devices. In this case, data collection via paper printouts is supported.
3. In particular, the following functions are available:
3.1. „Basic without user account“: Overview of the app functions, access to the exercise library and viewing of selected workouts and training plans.
3.2. „Basic with user account“: like „Basic without user account“ plus limited use of training functions, profile and training planning
3.3. „Premium with user account“ (or just „Premium“): he „Basic with user account“ plus viewing of all public workouts and training plans and unlimited use of the app functions.
4. Fjordev may make changes and improvements to the H2Coach App, such as changes to the design and addition of additional features, provided that the contractually agreed services continue to be available as a result.
5. Downloading and using the H2Coach app requires an iOS/Apple smartphone or an Android smartphone and (for full use) a connection to the Internet.
6. Depending on the telecommunication tariff and Internet connection (e.g., via mobile communications or WLAN), separate costs may be incurred for data transfers, which are borne by the user.
7. Fjordev provides the use of the H2Coach app as described in these GTC and in individual contracts and guarantees a technical availability of 95% per calendar year. The User’s entitlement to use the H2Coach App exists only within the scope of the current state of the art. Fjordev may temporarily limit the availability of Fjordev’s services if this is necessary with regard to capacity limits, to carry out maintenance work or for security reasons. In doing so, Fjordev shall, to the extent permitted by the individual case (e.g. not in the case of any urgent security measures), take into account the legitimate interests of the User by informing the User in advance about the access restrictions.
8. Obligations to provide documentation and/or operating instructions are fulfilled via the help contained in the H2Coach app, including video.
§ 3 Contractual obligations of the user, unauthorized use
1. The user undertakes to protect access to the user account and to the premium services against unauthorized use by third parties.
2. Multiple registrations by a user, e.g. via different e-mail addresses, are prohibited. The information provided by the user during registration must be truthful.
3. The user access is not transferable.
4. The user may only enter data about a single person in the H2Coach app.
5. It is the user’s responsibility to regularly perform his own backups of his data.
§ 4 Conclusion of the contract of use, notification and information
1. The presentation of the Premium Services in the H2Coach app does not constitute a legally binding offer, but a non-binding invitation to apply for a usage agreement for the Premium Services.
2. The following shall apply to the conclusion of the User Agreement:
2.1. „Basic without user account“: There is no obligation to pay remuneration. The contract is concluded when the user initially obtains the H2Coach app via the app marketplace and confirms the validity of these GTC within the H2Coach app.
2.2. „Basic with user account“: There is no obligation to pay remuneration. The contract is concluded when the user first obtains the H2Coach app via the app marketplace and creates a user account within the H2Coach app (without selecting premium services at the same time). To conclude the contract, the User must enter his account name and e-mail address, select a password and confirm the conclusion of the contract by clicking the button. The user will then receive a confirmation e-mail with which we accept the contract at the same time. After clicking on the confirmation link in the email, the user can use the H2Coach app with a user account.
2.3. „Premium with user account“ (or just „Premium“): In order to conclude the User Agreement for Premium Services, the User must first have registered a User Account in accordance with No. 2.2 above. The user can then select the premium services he wishes to use. The user can identify and, if necessary, correct any input errors by checking his details on a separate confirmation page before finally submitting his offer. The user is directed to the payment function after pressing a „buy now“ button, with which the user declares his order legally binding. After successful activation of the payment function (see B. § 8), the user receives a corresponding confirmation of access; at the same time, the acceptance of the contract offer is sent to the e-mail address provided by him.
3. The contract text is not stored by Fjordev after the conclusion of the contract accessible to the User. However, the text of the contract will be sent to the User by e-mail as part of the confirmation of receipt.
4. The language available for the conclusion of the contract is English.
5. Fjordev has not adhered to any code of conduct.
6. The essential features and the total price of the services as well as the period of validity of Fjordev’s limited offers can be found in the detailed descriptions of the individual offers in the H2Coach app as well as in these GTC.
§ 5 General rules for the use of the portal
The User undertakes not to take any action that may impair, damage or destroy the software or hardware or the performance of any computer of Fjordev or any server used by Fjordev for the provision of the Service, in particular not to post any content containing malicious code, send unsolicited e-mails („spam“) or bring the Portal or any part thereof to a standstill („denial of service“).
1. The contract of use of the Premium Services is concluded with Fjordev.
2. When distributing the App and „in-app purchases“ and for processing payment in the European Economic Area (EEA), the App Marketplace used by the User acts as Fjordev’s distributor.
3. The Apple App Store is offered by Apple Distribution International Ltd. with its registered office in Hollyhill Industrial Estate, Hollyhill, Cork, Ireland. The GTC can be found in the user’s app marketplace and, with regard to Germany, here: https://www.apple.com/legal/internet-services/itunes/de/terms.html
4. The Google Play Store is offered by Google Commerce Limited with its registered office in Gordon House, Barrow Street, Dublin 4, Ireland. The GTC can be found in the user’s app marketplace and with regard to Germany here: https://play.google.com/intl/de_de/about/play-terms/
§ 7 Prices, remuneration Due date
1. All prices are inclusive of VAT.
2. The amount of the remuneration to be paid by the User to Fjordev shall be determined by the model of the Premium Service chosen by the User.
3. Payment of the remuneration is due in advance for the respective contract period.
2. If you use the Android version of the H2Coach app: PayPal and payment by credit card (Mastercard and Visa) are available as payment methods.
2.1. If the User chooses to pay by credit card, payment shall be deemed to have been made with the proper indication of the credit card number, the cardholder data and, if applicable, the control number and confirmation of payment by the User, unless we reject the respective credit card immediately after notification and confirmation by the User and notify the User thereof.
2.2. If the User chooses to pay by PayPal, the payment shall be deemed to have been made upon receipt in Fjordev’s PayPal account or upon PayPal’s confirmation of the activation of the subscription payment.
§ 9 Contract term, contract extension, termination, data backup by the user, consequences of termination
1. The contract period results from the user’s selection for the individual contract, whereby the user can generally select contract periods of 3 months, 6 months and 12 months. If no contract period is specified in the individual contract, the contract period shall be six months. After expiry of the contract period, the contract shall be extended by a further contract period of the same length if it is not terminated beforehand. The user may terminate the contract at any time without notice to the end of the next contract period. A notice period of one month applies for an ordinary termination by Fjordev.
2. The termination must be declared in text or written form. The User may also give notice of termination via the relevant function in the H2Coach app. Notice of termination by the User in text form may be sent to firstname.lastname@example.org. A notice of termination in text form by Fjordev may be sent to the e-mail address registered with Fjordev by the User.
3. The right of termination without notice for cause remains unaffected. A reason for extraordinary termination also exists for Fjordev if the User does not pay or does not fully pay the remuneration according to § 7 despite a reminder in text or written form with a reasonable grace period.
4. Fjordev is entitled to delete all content and other data of the User when the termination becomes effective. It is the User’s responsibility to export or otherwise back up all data beforehand.
§ 10 Right of withdrawal and cancellation policy
1. The revocation regarding the user contract for the user account with or without premium services, including these GTC, is to be declared to Fjordev. The User will be informed separately about the right of revocation.
2. The H2Coach app itself is sold via the app marketplace, so that a revocation regarding the app purchase must be addressed to this marketplace. The instructions on the right of revocation or refund are available for the Google Play Store at https://support.google.com/googleplay/answer/2479637 and for the Apple App Store at https://www.apple.com/shop/open/salespolicies.
§ 11 Privacy
2. Information from the app marketplaces on their data protection is available for the Google Play Store at https://policies.google.com/privacy and for the Apple App Store at https://www.apple.com/legal/privacy/.
§ 12 Rights of use for content
The User grants Fjordev a spatially unrestricted, transferable, sublicensable and free of charge right of use to the content posted or uploaded by him/her, limited in time to the duration of the User Agreement and two subsequent months. The right of use includes, in particular, the right to store and reproduce the content and – insofar as the user has made it available for this purpose – to make it publicly accessible. The right of use serves to make the content accessible via the H2Coach app as intended, including the creation of data backups.
for the purchase of goods
§ 1 Scope, General
1. The Special Provisions in this Section C apply to the offer and purchase of goods via the H2Coach app.
2. The provisions in this Section C apply in addition to the General Conditions in Section A.
§ 2 Formation of sales contracts, information and notification
1. The presentation of the products in the H2Coach app does not constitute a legally binding offer, but a non-binding online catalog. By clicking the „buy now“ button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent immediately by e-mail. With this e-mail confirmation Fjordev does not yet accept your order. An acceptance and thus the confirmation of the contract will be made by a separate e-mail containing a corresponding statement, a confirmation of shipment or a request for payment, or at the latest by delivery of the goods within fourteen days after receipt of the order by Fjordev.
2. The contract text is not stored by Fjordev after the conclusion of the contract accessible to the User. However, the text of the contract will be sent to the User by e-mail as part of the confirmation of receipt.
3. The user can identify and correct input errors before the final submission of an offer by checking the offer on a separate confirmation page.
4. The language available for the conclusion of the contract is English.
5. There are no relevant codes of conduct.
6. The essential characteristics and the total price of the Goods, as well as the period of validity of Fjordev’s limited offers, can be found in the detailed descriptions of the individual Goods in the H2Coach app and in these GTC.
§ 3 Contractors
The contracting party for the purchase agreement under this Section C is Fjordev.
§ 4 Purchase price to be paid, return costs in case of revocation, place of subsequent performance
1. All prices are inclusive of VAT.
2. In case of revocation, the user has to bear the direct costs for the return of the goods.
3. The place of performance of subsequent performance shall be at Fjordev’s headquarters in Germany, unless otherwise provided for in the individual contract. This provision shall have no influence on any bearing of costs within the scope of subsequent performance.
§ 5 Means of payment, terms of payment, set-off
1. Unless the respective article contains a separate note on the payment of the purchase price, payment can be made by credit card or PayPal.
2. If the User chooses to pay by credit card (VISA or Mastercard), the payment is made with the proper indication of the credit card number, the cardholder data and, if applicable, the control number and confirmation of the payment by the User, unless Fjordev rejects the respective credit card immediately after the notification and confirmation by the User and notifies the User thereof.
3. If the User chooses to pay via PayPal, payment shall be deemed to have been made upon unconditional credit to Fjordev’s PayPal account.
§ 6 Delivery date depending on the choice of the means of payment, right of withdrawal
1. The delivery date is determined by the offer presentation in the H2Coach app. Working days are Monday to Friday, excluding public holidays at Fjordev’s registered office and public holidays at the User’s registered office.
2. If an ordered item is not available because Fjordev is not supplied by its own supplier through no fault of Fjordev despite its contractual obligation, Fjordev shall be entitled to withdraw from the contract. In this case, Fjordev shall immediately inform the Customer that the ordered goods are no longer available and shall immediately refund any services already rendered.
§ 7 Right of withdrawal and cancellation policy
The user will be informed separately about the consumer’s right of withdrawal.
§ 8 Retention of title
1. Fjordev retains ownership of the delivered goods until there is no longer any claim arising from the purchase agreement.
2. The User shall immediately inform Fjordev of any execution measures taken by third parties against the reserved Goods and provide Fjordev with the documents necessary for an intervention; this shall also apply to impairments of any other kind.
Status: June 2021