General Terms And Conditions Of Business For Using “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” 

1. Introduction

We, the Good Solutions & Logistics GmbH pursue a vision: We believe that to be in a good shape, in any sense, is a very basic and important condition of well-being. Excellent state of body, mind, and emotions! Our whole life depends on what shape we are in. Our health, our success, our self-confidence, our regard to everything and the reply of the world to it, our positive energy …! Getting in and staying in a good shape is not only about adding a few days training into the schedule but it is also about choosing to live healthy, to eat healthy, to think and to behave healthily. It is not just an act, it’s a habit. We need to go and work for this, to get out of the wrong models, and to stick with the beneficial ones, to make good choices, to live now, but minding that the tomorrow now depends on today! We believe that one should always look for the best, we get what we are looking for! 

We provide digital fitness solutions for you with our various products and services. “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”  will help and motivate you to practice with persistence, to feel confident that you are training properly and without the risk of injuries, and will support you the best way to achieve your dream results! Enter the data regularly in the health trackers and from the statistics and graphs, you will be able to track your progress and development. You will be able to check the charts back in time by years and months and track what happened on a weekly and daily basis.

We are looking forward to welcoming you as part of the “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”.

The following General Terms and Conditions of Business set out the legal framework for using “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” and the services that we offer. Therefore, please read these General Terms and Conditions of Business carefully.

1. 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, Good Solutions & Logistics GmbH, An der Au 2/4/7, 1230 Vienna, Austria. (hereinafter referred to as "us" or "we"). offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

The subject matter of this contract is the use, free of charge or for a fee, of the products and services we offer under the name “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” via our website www.getinshapeacademy.com other “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” websites or via our software applications (hereinafter referred to individually as "GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Service" or collectively as "GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Services or in general  "GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” ). If you would like to have a mobile app to use the “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Services, please check our website www.getinshapeacademy.com to see if we have a mobile app for your end device and your end device's operating system.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

2.2 Terms and conditions for participating

By agreeing to these Terms of Service, and opening a user account, and using the “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Services you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products and services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2.3 Additional terms and conditions

We reserve the right to agree to additional terms and conditions for individual “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Services. 

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

1. “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”' Services and Prices

3.1 Services free of charge or for a fee

The scope of the products and services included in “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” and the “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Services and available for use by you depends on the type of “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Service and whether you use the “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Services 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 respective “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Service. A more extensive range of functions is available to you if you enable the respective content modules (such as a workout or nutrition program) separately in return for a one-off payment or as part of a subscription for the respective “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Service.

Please note that in order to use some of the  "GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”  Services to the full extent, certain equipment and training tools (such as a gym machine, dumbbells, or a pull-up bar) may be required. These are not part of the “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Services and need to be provided or purchased by you separately at your own costs.

In the case of nutrition coachings, please note that the foods suggested as part of the coaching are not part of the “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Services and need to be purchased by you separately at your own cost.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

3.2 Prices

Please consult the websitewww.getinshapeacademy.com for information on the respective current pricing and subscription models and the services that these include. All prices stated include the applicable VAT.

3.3 Products or services (If Applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

1. Your Health

4.1 Terms and conditions with regard to your health

Use of the “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Services is at your own risk.

In any case, a condition for the use of the  "GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”  Services 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 the  "GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”  Services. This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures:

1. cardiovascular disease,
2. lung or respiratory disease (including asthma),
3. spinal and/or joint problems,
4. neuromuscular disease,
5. surgical procedures,
6. any other health issues

In case of "GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Services related to nutrition, you are responsible for verifying that the foods and nutrients recommended as part of the coaching or guide do not contain any ingredients or contents to which you are allergic or which may cause food intolerance.

The following general rules apply: Listen to what your body is telling you. Before using the "GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Services for the first time or while using "GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”, 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 “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”.

4.2 No substitute for medical advice

The services and information offered by “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” and the “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Services 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 Workout-/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 workout and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up-to-date research findings or knowledge.

1. User Account

5.1 RegistWe reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

ration process

In order to use the “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Services, you must first register and open a user account to use “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”. It is sufficient to open only one user account, even if you wish to use several  "GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”  Services (for example different Apps). 

You can open a user account either directly online at www.getinshapeacademy.com or via one of our mobile apps. You may not use domain names or web URLs in your user name without the prior written approval of "GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”. We will ask you to accept these General Terms and Conditions of Business and our privacy policy during the registration process. 

After you register, for security reasons, we will first send you an email with a code. To confirm the registration, please enter the code in the application. Only then will the registration process be complete. You also have the option of signing in with your Facebook, Google, or Apple accounts. In this case, the sign-in process is completed when you have entered the account information for your corresponding account and clicked "Confirm".

5.2 Accuracy of billing аnd account information

1. Conclusion of a Contract

How the respective contract is formed depends on the method by which you register for  "GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” for the first time and whether you sign up for additional fee-based services.

6.1 Online registration on the website www.getinshapeacademy.com

When registering on our website www.getinshapeacademy.com the user contract between you and us is formed after the registration process is fully completed.

6.2 Registration via mobile apps

When registering via mobile apps, the formation of the user contract depends on the rules of the app store supplier (for example Apple, Google, 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 “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Services it is still necessary to open a cost-free user account with us.

6.3 Conclusion of a contract for one-off additional services for a fee or for subscriptions

You can purchase individual additional services either by paying a one-off fee or as part of a subscription. If you purchase the respective additional service via the website www.getinshapeacademy.com the contract is formed when you click on the field "Buy now", or a similar field, and successfully enter your payment details. If you purchase the additional 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.

6.4 Correction of input errors

If you would like to purchase a one-off additional product, service or a subscription on our website www.getinshapeacademy.com you can interrupt the process at any time and correct any errors until you have successfully entered your payment details.

If you would like to purchase a one-off additional service or a subscription via our mobile app as part of an in-app purchase, we will not ask you for any further billing or payment details because you will purchase the service via your account with your app-store supplier. Please contact the relevant app-store supplier if you would like to correct any input errors.

6.5 Contract modifications

When you change your subscription (e.g. in the form of an upgrade), “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” or the respective store provider (e.g. Apple) ends your existing subscription (hereafter "original subscription") and your newly selected subscription (hereafter "updated subscription") begins immediately and is active for the time period you selected. You will then have access to all features and content provided with your updated subscription. The contract for the updated subscription is concluded as described in §6.

• When you terminate your original “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” subscription, you will be given as credit the purchase price already paid for the remaining term of this subscription proportionate to the purchase price of the updated subscription. This means that you will only be charged once for the difference between the two amounts for the updated subscription.
• If you have terminated your original subscription through Apple, Apple will provide you with a pro-rata refund of the purchase price you already paid for the remainder of this subscription. You will receive your updated subscription at the price shown to you respectively, which is calculated in full by Apple.
• If you subscribed through the Google Play Store: When you choose to upgrade your subscription, your original subscription ends immediately. Google Play Store will apply any unused value from your original subscription to your updated subscription. Once that credit is used up, Google Play Store will automatically renew your subscription at the price and payment interval you selected.

After this, your subscription will renew automatically according to the duration of the selected minimum term, until there is a cancellation on either your part or our part. With the automatic extension of the updated subscription, you will then be charged full price for the subscription.

1. 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 One-off additional services

One-off additional products and services may be offered for a fixed term. They will then end automatically at the end of the term without needing to be canceled.

7.3 Subscriptions

Our subscriptions are offered with varying minimum terms of validity and are automatically renewed for the same minimum term that has been selected 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 of your use or extent of your use of the respective “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Service.

1. Terms and Conditions of Payment

8.1 Collection of fees

Fees are collected when the contract is concluded for purchases of additional services through the payment of a one-off sum. The fee is collected for the relevant minimum term 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.

1. Payment Methods

If you purchase products for a fee via our website www.getinshapeacademy.com you can find an overview of the payment methods we accept on completion of the purchase.

If you purchase “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” services for a fee via in-app purchases, the respective 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. If you incur fees when using a payment method, we will inform you of this during the purchase process. Payment providers may, at their discretion, offer you the option to pay in installments for a fee. This fee will be charged directly by the respective payment provider and is therefore payable directly to them. The terms and conditions of the respective payment provider apply. Please note that if you cancel your order, we will not be able to refund these fees.

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.

1. Right of Withdrawal

10.1 Withdrawal policy

If you have entered into a contract for use of “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” or purchased a one-off additional service or a subscription, in each case, you are entitled to the following right of withdrawal.

You have the right to withdraw the contract within 14 days without stating any reasons. The withdrawal period runs for 14 days from the conclusion of the contract.

To exercise your right of withdrawal you must send us:

Good Solutions & Logistics GmbH
An der Au 2/4/7
1230 Vienna
Austria
support@getinshapeacademy.com

unequivocal notification (e.g. a letter sent by post, fax, or email) of your decision to withdraw the contract. You can use the attached model withdrawal form for this, but you are not obliged to do so. You can also complete the model withdrawal form (Refund request), or make a separate unequivocal withdrawal request, on our website …………………………………………………….. and submit it electronically. If you use this option, we will send you immediate (e.g. via email) acknowledgment of the receipt of such withdrawal. To meet the deadline for withdrawal it is sufficient to send us the notification of your wish to exercise your right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw the contract we are obliged to refund all the payments that we have received from you, including the delivery costs (except for any additional costs incurred as a result of your choosing a different delivery method to the least expensive standard delivery method that we offer), promptly and at the latest within 14 days from the day on which we received the notification of your withdrawal of the contract. For this refund we will use the same payment method that you used for the original transaction unless a different arrangement has been expressly agreed with you; under no circumstances will you be charged any fees in respect of this refund. If you incur fees when using a payment method (e.g., purchase on installments), which are charged directly by the respective payment method provider and must be paid to them accordingly, we cannot refund these fees if you cancel your order.

If you asked for the services to start during the withdrawal period you must pay us an appropriate amount, equal to the proportion of the services that have already been provided by the time you inform us that you are exercising your right to withdraw this contract compared to the full scope of the services covered by the contract.

End of the withdrawal policy

10.2 Lapse of the right of withdrawal

In the case of a contract for the provision of services, the right of withdrawal lapses if we have provided the service in full and only began to perform the service after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal if we had completely fulfilled the contract.

In the case of a contract for the delivery of digital content that is not stored on a physical data carrier, the right of withdrawal also lapses if we have begun to perform the contract after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal once we had begun to perform the contract.

10.3 Model form for your withdrawal

To make it as easy as possible for you to withdraw and to avoid any potential queries, we have provided an electronic withdrawal form for you to use at ……………………………………………….. However, you can of course also use the withdrawal form below instead. Please make sure to inform us on the specific  "GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” Service that you want to withdraw from.

If you would like to withdraw the contract then please print this form out, complete it and return it to:

Good Solutions & Logistics GmbH
An der Au 2/4/7
1230 Vienna
Austria

support@getinshapeacademy.com

I/we (*) hereby withdraw the contract I/we (*) concluded for the purchase of the following goods (*)/the provision of the following service (*)

	Ordered/received on (*)
	Name of the consumer(s)
	Address of the consumer(s)
	Email address
	Signature of the consumer(s)
	Date

(*) delete as appropriate

1. Special deals and promotions

“GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” are always offering different deals, sales, and promotions such as reward programs. “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”  users can stay informed of these deals via our newsletter. The sales are not a fixed component of the  "GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE” product range and are normally only offered for a limited time. There are separate conditions for these deals which are provided for purposes of information and participation.

1. Liability for Defects

12.1 Statutory Provisions

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

12.2 Disclaimer of guarantees

We do not make any representations or guarantees that the use of the “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”  Services will bring the training- or other result intended by you. We do not promise concrete success. Also, the actual training result will depend on factors that cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”  Services.

1. Liability

13.1 General

Insofar as you are provided with guides or instructions in connection with the “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”  Services 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.

13.2 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 willful conduct or gross negligence, or the absence of a guaranteed feature. Our liability is not limited to willful 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.

13.3 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 willful 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 fulfill the purpose of the contract, and on the fulfillment 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.

13.4 Liability of our employees

To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.

1. Rights of Use over “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”  Content

Depending on which services have been enabled for you, or which services you have purchased, the services we offer contain content that 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 “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”  websites, 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 canceled your subscription) or when your user contract ends.

1. Responsibility for User-Generated Content

15.1 Disclaimer of responsibility for third party content

You are solely responsible for the content that you post within the “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”  Services. We accept no responsibility for this content, nor do we monitor it. You are prohibited from advertising commercial websites or other products through your user account.

15.2 Compliance with statutory provisions

When supplying your own content you are obliged to comply with all the applicable laws and other legislation of Austria. Regardless of whether this constitutes a criminal act, it is generally prohibited to provide content that is pornographic, sexual, violent, racist, instigating, discriminatory, explicit, insulting, and/or libelous in nature.

In addition, you are also obliged to refrain from infringing any third-party rights. This applies in particular to the 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 hereby authorized to delete or remove content that is illegal or that conflicts with the previously stated guideline, at any time and without forewarning. 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 16.3.

15.3 Indemnification

If you infringe the principles mentioned in clause 15.2 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. This indemnity also includes the costs of a suitable defense. You are obligated to provide assistance in clarifying the disputed situation. We reserve the right to assert claims for damages and other claims.

16 - Errors, Inaccuracies and Comissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

17 - Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

18 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall GET IN SHAPE ACADEMY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

19 - Indemnification

You agree to indemnify, defend and hold harmless GET IN SHAPE ACADEMY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

20 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

1. Ending the Contract

21.1 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 canceled 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.

21.2 Subscription

Every subscription for a “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”  Service must be canceled 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. You can cancel subscriptions purchased via our website www.getinshapeacademy.com by selecting the appropriate setting in your user profile. Alternatively, you may also cancel your subscription by email, sent to the address support@getinshapeacademy.com, or by post. Subscriptions purchased via in-app purchase must be canceled 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 canceled 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.

21.3 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.

1. Personal Data

We process your personal data in accordance with our privacy policy; you can always retrieve the current version of these at https://getinshapeacademy.com/policies/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.

1. Online dispute resolution

The EU Commission provides a platform for extrajudicial dispute arbitration. This gives consumers the opportunity to settle disputes associated with their online order out of court. The dispute resolution platform can be found here: https://ec.europa.eu/consumers/odr/

Consumer information: Non-participation in dispute resolution proceedings.

We are neither prepared nor required to participate in dispute settlement proceedings before a consumer arbitration board. Our email address can be found on our company info page.

1. Changes to the General Terms and Conditions of Business

We hereby reserve the right to modify and adjust the general terms of business with future effect if this is required by the legal, regulatory, or technical environment, and if these changes are reasonable and take your interests into consideration. 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 “GET IN SHAPE ACADEMY” and “Know-how GET IN SHAPE”, 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.

1. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

1. Final Provisions

26.1 Applicable law

The relationship between the parties is governed exclusively by Austrian 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.

26.2 Place of jurisdiction

If you do not have a place of general jurisdiction in Austria 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.

26.3 Language of the contract

The language of the contract is English.

26.4 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.

1. Information about the Supplier

Good Solutions & Logistics GmbH
An der Au 2/4/7
1230 Vienna

Austria

Email: support@getinshapeacademy.com
Managing Director: Oliver Toshevski
Registered in the Commercial Register under number: FN 442497 g
VAT number: ATU70163912

1. Option to save and review the contract language

These General Terms and Conditions of Business may be reviewed by you at https://getinshapeacademy.com/policies/terms-of-service If you would like to save a permanent copy of these General Terms and Conditions of Business on a data carrier, you can download them as a "pdf" file free of charge at https://getinshapeacademy.com/policies/terms-of-service Please consult your web browser's help documentation if you need help with saving the file. To open a "pdf" file you may need special software such as the free Acrobat Reader program or a similar software program that handles "pdf" files.

You can review any further contractual information and data in your user account. Alternatively, you may also print or store the order confirmation which you will receive after making a purchase.

Version 01.09, 2021

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