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AnyFit Terms of Use

Date of last revision: 05.04.2019

Please read these Terms of Use ("Terms") carefully before using any AnyFit Platform.

A. General part

Welcome to the AnyFit Community! You are reading these Terms because you wish to use or use any AnyFit website, digital experience, social media platform, mobile app, portable technology or any of our other products or services, all of which are part of the so-called AnyFit platform ("Platform"). You may access the Platform through a computer, mobile phone, tablet, console, or other technology we refer to here as a "Device." Your device is subject to your carrier's normal rates and fees.

If you live in one of the following countries, additional conditions may apply to you. These country-specific conditions can be found at the end of these conditions (Part B). If other regulations apply in the general part, we will indicate the country separately within the terms and conditions. These additional conditions for individual countries/regions shall take precedence over the following conditions (General Part), in particular where there are contradictions. See the conditions for: Argentina, Australia, Brazil, Canada, Colombia, all European countries (including specific conditions for Austria, Belgium, France, Germany, Hungary, Italy, Poland, Switzerland) and Japan.

These Terms constitute a legally binding agreement between you and AnyFit and its affiliates (which we may refer to as "AnyFit", "we", "us" or "our"). regarding your use of the Platform.

If you have any questions regarding these Terms of Use, please contact:

Anyfit Health Tech GmbH

Hanauer Landstraße 287-289

60314 Frankfurt am Main

info@anyfit.com (hereafter Anyfit)

Some important hints:

  1. Our terms and conditions are subject to change. Some jurisdictions do not allow unilateral updates or changes to Consumer Terms, so this paragraph may not apply to you. [See Conditions for Canada and Germany.] We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Please review all changes and if you do not agree with the changes, please stop using the Platform. If you continue to use our Platform even after we have notified you of any changes, we will assume that you have accepted the updated Terms, unless such effect is prohibited/prohibited by applicable law in your country of residence in the absence of a response to the changes to our Terms of Use.

II. Conditions of sale. By making a purchase from/through us, you also agree to the terms and conditions of sale applicable in your country or region. [See Conditions for Hungary.]

III. Privacy Policy. Our general privacy policy describes the collection and use of personal data on the Platform and applies to your use of the Platform in general. [See Conditions for Germany.]

IV. Important note for amateur athletes. You are responsible for ensuring that your participation in the Platform does not affect your eligibility as an amateur athlete. Please check with your amateur sports association for the rules applicable to you. AnyFit is not responsible or liable for your use of the Platform that results in you not being (anymore) admitted as an amateur athlete.

1. PRINCIPLES FOR THE USE OF THE PLATFORM

[See Conditions for Germany.]

(a) eligibility. You are only entitled to use the Platform if you are of legal age in your country. There may be different age restrictions for certain Platform Services in some countries.

(b) rules for registration. When you register for an account with us, the following rules apply:

-Be honest: Provide accurate and up-to-date registration information.

Be yourself: Enter your personal data when registering. Do not register for more than one AnyFit account, register an AnyFit account on behalf of another person, or transfer your account to a third party.

-Be careful: keep your username, password and other login information safe and do not allow anyone else to use your account.

Be Responsible: Notify AnyFit immediately of any unauthorized or suspected unauthorized use of your AnyFit account. You are responsible for everything that happens through your AnyFit account. Up to the maximum amount permitted by law in your country of residence/habitual residence, AnyFit will not be responsible for any loss or activity resulting from unauthorized use of your account.

2. OWNERSHIP IN CONTENT/OBSERVATION OF THIRD-PARTY RIGHTS

Except for User Content (see below), all content on our Platform, including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, messages, sketches, animations, stickers, general graphics and other content ("Content") is owned by AnyFit or others from whom we license Content. and are protected by copyright, trademark, patent and other laws. AnyFit reserves all rights not expressly described in these Terms.

a) All trademarks, service marks and trade names (e.g., the name AnyFit and the Swoosh design) are the property of AnyFit, registered and/or licensed. You do not acquire any license or ownership rights in any trademarks, service marks or trade names by accessing or using the Platform or Content.

b) You agree not to change or delete any proprietary notices of materials downloaded or printed from the Platform.

c) To the extent AnyFit authorizes the download or use of content consisting of copyrights or copyrighted works, AnyFit grants you a limited, personal, non-transferable, non-sublicensable and revocable simple right to access and use such copyrights or copyrighted works solely for the intended purpose and only for as long as AnyFit makes such content available on the Platform. You do not acquire any ownership rights in the Content (including trademarks or other intellectual property contained in the Content), and all such Content is for personal, non-commercial use, unless otherwise agreed. AnyFit reserves the right to monitor your use and to modify or revoke this license or your access to the Content at any time, including without limitation, if you violate these Terms and Conditions and for any reason. AnyFit reserves the right to remove content that violates these Terms or the intellectual property rights of AnyFit or third parties. AnyFit does not waive the rights to the content in the platform.

d) Outside of the specific rights of use granted to you by AnyFit in connection with the Platform, you agree not to use Content, including User Content (unless it is your own User Content that you legally post on the Platform), without the prior written consent of AnyFit, copy, edit, translate, display, distribute, download, transfer, sell, create derivative works from or use in any way. Unauthorized use of the Content may constitute a violation of copyright, trademark or other intellectual property laws and may have criminal and/or civil consequences.

[See Conditions for Germany.]

3. PUBLICATION OF CONTENT ON THE PLATFORM/OBSERVATION OF THIRD PARTY RIGHTS

a) License for User Content. Some parts of the platform allow you to post photos, videos, comments and other content, which we call "User Content" or "User Content" Anyfit is not responsible for User Content that others post on the Platform. Anyfit does not share the opinions posted/shared by users, unless Anyfit adopts the opinions. User Content is owned by you or the person who created it, but if you post User Content, you license it as below. n described to AnyFit:

i. By posting your User Content, you represent that you have the right to post such User Content.

ii. You grant AnyFit a non-exclusive, perpetual, transferable, sublicensable, royalty-free, worldwide right to use the User Content you post on or in connection with the Platform. This includes, without limitation, resemblance to any person appearing in the User Content or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works of such rights, to grant and transfer sub-licences. AnyFit may, in its sole and absolute discretion, remove User Content at any time; in particular if they violate the rights of third parties. [See conditions for Argentina, Colombia and Belgium.]

iii. Deleted User Content on AnyFit's systems and on the Platform may then remain stored/published insofar as you have published your User Content or have been shared with others who have not deleted that information, unless: You or the individual request the deletion or blocking of personal data in accordance with applicable law. [See Conditions for Germany.]

b) License to use comments, feedback and ideas. Please do not submit creative ideas, suggestions, inventions or materials, e.g. via comment, if we have not requested them. If you nevertheless submit such content, you grant Anyfit a perpetual, worldwide right/license to use your comments, feedback and ideas that you share with us for any comments, feedback or ideas that you submit to us and make available to us on a non-confidential basis. without notice to you and without compensation or recognition to you, for any purpose, including but not limited to developing, manufacturing and marketing products and services, and creating, modifying or improving products and services. [See Colombia and Belgium.]

4. CODE OF CONDUCT FOR THE USE OF THE ANYFIT PLATFORM

We are delighted that you are contributing to the AnyFit community. Here are some basic rules:

a. Be original. Publish User Content to the Platform only if you have all the permissions and rights necessary to make that User Content available, including respecting the rights of the persons appearing or mentioned in your User Content.

b. Be careful.

Do not do anything that could harm AnyFit or its users in any way, including anything that could disrupt, damage, disable, manipulate, overload or limit the functionality of the Platform.

Do not post any User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any platform software or security technology.

Do not use data mining, robots, scraping or similar data collection methods.

Unless we specify otherwise, our platform is a public place. Do not post any personal data on the platform, neither from you nor from third parties.

c. Do not harass anyone.

Do not post any advertising, solicitation or commercial content on the Platform and do not accept payments from third parties in return for performing any commercial activity on the Platform.

Do not collect or request personal data from other platform users and do not send unsolicited messages.

Do not use automated technology to interact with the Platform.

d. Act appropriately/legally. Respect the community and do not post any User Content, links to any website or anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory or otherwise objectionable or inappropriate or violates any applicable law. to monitor or remove, but we are under no obligation to do so.

e. Be yourself. Do not impersonate any other person or organization, including athletes or AnyFit employees.

f. HAVE FUN!

5. COPYRIGHT INFRINGEMENT

[See Conditions for Germany.]

Please consult your legal advisor before sending any notice to us, as false claims may result in penalties. AnyFit may terminate the accounts of Platform Users who have been found to have infringed the copyrights of third parties.

If you believe that your work has been improperly copied to the Platform, so that it is an infringement, please provide us with the following information [See Conditions for France]:

(1) the name, address, telephone number, e-mail address and an electronic or physical signature of the author or of the person authorized to act on his behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where on the Platform the Content you claim to be infringing is located;

(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) a statement made by you under penalty of perjury (subject to applicable law) that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Send copyright infringement complaints to: info@anyfit.

6. PARTNERS ON THE PLATFORM

From time to time, AnyFit may establish links to or partnerships with third party websites, social media platforms, mobile applications and other products and services ("Third Party Providers"). You may be able to connect to these third parties through the Platform. This does not necessarily mean that AnyFit supports, monitors or controls these third parties or their activities, which are subject to separate terms of use and privacy policies. Please note the terms and conditions for using the partner offers that Anyfit will make available. You should always carefully review the websites and terms of use and the privacy policy of any third party. AnyFit is not responsible for the content, policies or activities of third parties and you interact with third parties at your own risk unless special terms of use or contract have been agreed between you and Anyfit/third parties.

7. IMPORTANT DISCLAIMERS OF LIABILITY

[See Conditions for Germany.]

Physical activity. [See the Canada, Germany, and Italy Terms as the following exclusions and restrictions may not apply to you if you reside or reside in the aforementioned states.]

Important information:

The Platform may contain features that promote physical activity, nutrition or general well-being. They are for your information only and are not intended as medical advice or services or for diagnostic or treatment purposes.

-Consider the risks involved and consult your doctor before doing any physical activity.

-Never disregard professional medical advice or delay medical consultation due to information/representations you have seen on the platform.

To the maximum extent permitted by law in your country of residence/permanent residence, AnyFit shall not be liable or liable for any injury or damage suffered by you as a result of your use or inability to use the features on the Platform.

User interactions. To the extent permitted by applicable law, we are not responsible for your interactions with other users of the Platform or for any damages you may incur as a result of such interactions. [See Conditions for Italy.]

Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before meeting someone in person, consider whether you want to check them out first, bring a friend, choose public places, and/or let someone know where you will be. AnyFit is under no obligation to engage in any User Dispute, but may do so in its sole discretion.

Warranty disclaimer. Some jurisdictions do not allow certain limitations or exclusions of liability, statutory warranties and remedies, so these exclusions and limitations may not apply to you. [See Australia, Canada and Germany.]

-The platform, content, materials and products on this platform are provided "AS IS". We make no promises of any kind, including accuracy, appropriateness, usefulness, reliability or otherwise. Up to the maximum amount permitted by the law of your country of residence/country of permanent residence, AnyFit is not responsible or responsible for any User Content posted on the Anyfit Platform.

-AnyFit does not warrant that the Platform will be uninterrupted or error-free, that defects will be corrected or that the Platform will be free of viruses or other harmful components.

To the fullest extent permitted by law, AnyFit disclaims all warranties, express or implied, with respect to the Platform, Content, User Content, and any products or services you receive through or access through the Platform, including, but not limited to, implied warranties of title, marketability, fitness for a particular purpose and non-infringement.

You are solely responsible for any damage to your device resulting from access to the Platform, unless otherwise provided by applicable law.

We hope you enjoy and take full advantage of the platform, but we do not guarantee success or results.

8. NOTIFICATION

[See Conditions for Germany.]

AnyFit may terminate or modify any AnyFit platform, membership program, product or service at any time and without notice.

AnyFit may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or part of the Platform at any time and for any reason without liability to AnyFit, subject to applicable law.

You understand and agree that some of your User Content, including but not limited to those displayed in an activity feed or other public places on the Platform, may continue to appear publicly even after termination of your account, subject to your right to have your User Content removed upon request in accordance with applicable law.

These Terms will also apply if your account is terminated or you cease using the Platform.

9.INJURY AND LIMITATION OF LIABILITY

We want you to enjoy our platform. However, AnyFit must also protect itself from any damage you may cause when using or using the Platforms.

Compensation and exemption. Some jurisdictions do not allow certain limitations or exclusions of liability, statutory warranties and remedies, so these limitations may not apply to you. [See Conditions for Germany.] You agree to indemnify, defend, and hold harmless AnyFit and its affiliates, officers, directors, employees, agents, licensors and suppliers (the "AnyFit Parties") from and against all claims, losses, liabilities, expenses, damages and costs, including, but not limited to reasonable attorneys' fees arising out of or in any way relating to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or a violation of these Terms of Use, laws, or the rights of third parties. You and on behalf of your heirs, bequests, insurers, successors and assigns hereby indemnify and hold AnyFit Parties harmless in full from any claim or cause of action you may have for damages in any way related to your use of the Platform.

Limitation of liability. [Some jurisdictions do not allow certain limitations or exclusions of liabilities, statutory warranties and remedies, so these exclusions/limitations may not apply to you.]

Neither AnyFit party shall be liable for any direct, special, incidental, indirect or consequential damages, including, without limitation, any lost profits or data arising out of the use or inability to use, the Platform or the performance of the Products, acquired through the Platform or the conduct of other Platform Users (online or offline), or attention at any AnyFit Event or AnyFit Partner Event, or any User Content or any other activity in connection with the use of the Platform, if AnyFit has been considered of the possibility of such damages. You assume full responsibility for your use of the Platform. Your sole remedy for any damage caused by your use of the Platform or any Content is to discontinue use of the Platform. If AnyFit may be liable to you for any damage or loss in any way related to your use of the Platform or any Content, AnyFit's liability may not exceed USD 100.00 or EUR 100.00 if you live in Europe.

10. WEBSITE PLACES

This Agreement is between you and AnyFit only and not with the places you open the web.

11. DISPUTES AND ADDITIONAL TERMS

Choice of law/jurisdiction

[If you live in one of the following countries, different choice of law conditions apply to you: Argentina, Austria, Brazil, Canada, France, Germany, Italy, Poland, Switzerland and all other European countries.]

You agree that this platform is a passive platform based solely in Oregon, USA, and does not create personal jurisdiction for AnyFit in jurisdictions other than Oregon.

You agree that the Platform, the Terms, the Privacy Policy and any dispute between you and AnyFit shall be governed in all respects by the laws of the State of Oregon, without regard to choice of law, and not by the United Nations Convention of 1980's on Contracts for the International Sale of Goods/UN Sales Law.

Except as prohibited by applicable law, and without limiting the legal rights of consumers, you agree that all disputes, claims and legal proceedings arising directly or indirectly out of or in connection with the Platform (including, but not limited to, the purchase of AnyFit Products) shall be individually resolved by: without class action of any kind and exclusively in the state or federal courts located in Multnomah County, Oregon, USA.

You agree to waive all objections to "lack of personal jurisdiction" and "unfavorable forum" with respect to the jurisdiction and jurisdiction of the state and federal courts of Multnomah County, Oregon.

-All claims must be asserted within one (1) year of the claim being made, unless the applicable law requires a longer period.

12. ELECTRONIC COMMUNICATION

By using the Platform, you agree to receive certain electronic communications from AnyFit, subject to applicable law.

You agree that any notice, agreement, disclosure or other communication that AnyFit provides to you electronically meets all legal communication requirements, including the fact that such communication is in writing.

13. CONCLUSIONS

[See Conditions for Germany.]

AnyFit may assign its rights and obligations under these Terms to a third party at any time and without notice, unless prior notice to you is required by applicable law. This does not affect your rights or our obligations under these Terms.

The failure of AnyFit to insist on or enforce strict compliance with these Terms shall not constitute a waiver of these Terms or the rights of AnyFit. Users should always assume that these terms apply.

If any provision of these Terms is invalid or unenforceable, the remainder of these Terms will continue to be enforceable.

Thanks for reading. Please enjoy our community!

B. COUNTRY SPECIFIC CONDITIONS

If you reside in one of the following countries, the following additional terms and conditions apply and supersede the above terms and conditions in general Part (A).

ARGENTINA

Section 3 (PUBLICATION OF CONTENT ON THE PLATFORM/ATTENTION OF THIRD PARTY RIGHTS): the first paragraph of the "License for User Content" section is deleted and replaced by the following:

"You grant AnyFit a non-exclusive, transferable, royalty-free, worldwide license to display and distribute to other users the User Content that you post on or in connection with the Platform, including the right to translate, display, reproduce, modify, create, sublicense and distribute derivative works.

For example, we need these rights so that we can copy your User Content to our databases, display it in the correct format in the mobile applications, and send it to providers who provide services on behalf of AnyFit. "

Section 11 (Disputes/Additional Terms): This section is amended as follows:

The subsection 'Choice of law/jurisdiction' is hereby deleted and replaced by the following (with the exception of the last point on claims, which remains unchanged):

"Choice of law/jurisdiction

You agree that the Platform, the Terms, the Privacy Policy and any dispute between you and AnyFit shall be governed in all respects by Argentine law. "

AUSTRALIA

Section 7 (IMPORTANT EXCLUSIONS): this section is amended as follows:

The subsection entitled "DISCLAIMER WARRANTY" is amended by adding the following:

"However, the Platform, Content and Materials and Products on this Platform have certain warranties under Australian Consumer Law ("ACL") cannot be excluded for the benefit of Australian customers, including warranties of acceptable quality and suitability of products. Nothing in these Terms shall be read or applied to exclude, limit or modify any conditions, warranties, warranties, rights or remedies implied by the ACL that cannot be excluded, limited or modified by law, even if any other provision of these Terms would otherwise suggest, that this could be the case".

AUSTRIA

Section 11 (DISPUTES/ADDITIONAL TERMS AND CONDITIONS): This section will be replaced by the following version for European countries, except that the following is added at the end:

"All claims must be asserted within three (3) years of the occurrence of the claim."

BELGIUM

Section 3 (Attach CONTENT TO THE PLATFORM): this section is amended as follows:

The first bullet point paragraph under the subsection 'USER CONTENT LICENSE' is deleted in full and replaced by the following:

"You grant AnyFit a non-exclusive, perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights that may lie in the User Content) a transferable, sub-licensable, royalty-free, worldwide license to use the User Content that you post on or in connection with the Platform, including the representation of any person appearing in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial purposes; advertising and operational use, including the right to translate, display, reproduce, modify, create derivative works from, sublicense, distribute and transmit those rights.';

The subsection 'LICENSE FOR THE USE OF COMMENTS, FEEDBACK AND IDEAS' is deleted in full and replaced by the following:

"LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. a worldwide license to use all comments, feedback and ideas that you provide to us without notice, compensation or acknowledgement to you, for any purpose, including, but not limited to, developing, manufacturing and marketing products and services, and creating, modifying or improving products and services."

BRAZIL

Section 11 (DISPUTES/ADDITIONAL TERMS): This section is amended as follows:

The subsection 'Choice of law/jurisdiction' is deleted and replaced by the following:

"Choice of law/jurisdiction

You agree that the Platform, the Terms, the Privacy Policy and any dispute between you and AnyFit shall be governed in all respects by and construed in accordance with Brazilian law, without regard to choice of law, and not the United Nations Convention of 1980's on Contracts for the International Sale of Goods/UN Sales Contract Law.

Except as prohibited, you agree that all disputes, claims and legal proceedings arising directly or indirectly out of or in connection with the Platform (including, but not limited to, the purchase of AnyFit Products) will be resolved individually, without class action of any kind and exclusively in Brazil."

CANADA

Introductory paragraph:

The section entitled "Our Terms may change" is limited by the following:

"(a) AnyFit must provide you with a written notice at least 30 days prior to the effective date of the amendment, clearly worded and containing the new clause and the effective date of the amendment; and

(b) You may reject the change and terminate the Agreement without cost, penalty or cancellation compensation by notifying AnyFit at the latest 30 days after the change becomes effective if the change results in an increase in your obligations or a decrease in AnyFit's obligations."

MORE SECTIONS: The terms listed in the sections "Physical Activity", "Disclaimer", "Exemption/Limitation of Liability" and "Limitation of Liability" are explained in more detail below:

"The consumer protection laws in some countries, including Quebec, do not allow the limitations and exclusions of warranties for purchased products, and if these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Exclusion, Exemption/Limitation of Liability, and Liability. restriction'.

SECTION 11 (DISPUTES/Additional Terms): This section is amended as follows:

The subsection entitled "RIGHT CHOICE" is amended by adding the following at the beginning of the section:

"Consumer protection laws in some countries, such as Quebec, may require that your Agreement be governed by the laws of your jurisdiction and heard by the competent courts in your jurisdiction, and may not allow you to waive your right to be part of a class action, or limit your limitation period in order to comply with the laws of your jurisdiction. to initiate legal proceedings. If these laws apply to you, the following restrictions may not apply. "

COLUMBIA

Section 3 (PUBLICATION OF CONTENT ON THE PLATFORM/OBSERVATION OF THIRD PARTY RIGHTS): the subsection "USER CONTENT LICENSE" is amended as follows:

The first paragraph of USER CONTENT LICENSE is deleted and replaced by the following:

"You grant AnyFit a non-exclusive, perpetual, transferable, sublicensable, royalty-free, worldwide license to use the User Content that you post on or in connection with the Platform, including any resemblance to any person appearing in the User Content or any of the concepts or ideas contained in the User Content n shall, for any purpose, including commercial use, include the right to translate, display, reproduce, modify, create, sublicense and assign derivative works."

Section 3 (PUBLICATION OF CONTENT ON THE PLATFORM/OBSERVATION OF THIRD PARTY RIGHTS): the subsection "LICENSE FOR THE USE OF COMMENTS, FEEDACK AND IDEAS" is completely deleted and replaced by the following:

You grant AnyFit a perpetual, worldwide license to use all comments, feedback and ideas that you submit to us, without notice, compensation or recognition to you, for any purpose, including, but not limited to, developing, manufacturing and marketing products, and Services and the creation, modification or improvement of products and services".

EUROPEAN COUNTRIES

The following changes apply to all European countries, with the exception of Austria, France, Germany, Italy, Poland and Switzerland, which have other specific amendments to these Terms for European countries.

Section 11 (DISPUTES/Additional Terms): This section is amended as follows:

The subsection 'Choice of law/jurisdiction' is deleted in its entirety and replaced by the following text (with the exception of the last bullet point for the collection of claims, which remains unchanged):

"Choice of law/jurisdiction

You agree that the Platform, the Terms and any dispute between you and AnyFit shall be governed in all respects by and construed in accordance with the laws of the Netherlands, without regard to the choice of law provisions, and not the United Nations Convention of 1980 on Contracts for the International Sale of Goods/United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer, Art. 6 II Rome I-VO (Regulation (EC) No 593/2008) also the mandatory provisions of the law which would have been applicable without this choice of law clause (see the provisions in the country-specific conditions in Section B).

Unless otherwise stated and without limiting the legal rights of consumers, you agree that all disputes, claims and legal proceedings arising directly or indirectly out of or in connection with the Platform (including, but not limited to, the purchase of AnyFit products), exclusively before the competent courts in Amsterdam, the Netherlands. "

FRANCE

Section 5 (COPYRIGHT INFRINGEMENT): the second paragraph in this section is deleted in full and replaced by the following paragraph:

"If you believe that your work has been improperly copied to the platform so that it is an infringement, please provide us with the following information:

(1) the date of notification;

(2) if the applicant is a natural person: first name, surname, profession, address, nationality, place and date of birth;

(3) if the applicant is a legal person: name, form, registered office and the person representing him for legal purposes;

(4) the name and address of the recipient or of a legal person, its name and registered office;

(5) a description of the facts in question and the exact location;

(6) the reasons on which the content should be withdrawn, including the relevant legislation and the substantiation of facts; and

(7) a copy of the correspondence sent to the author or publisher of the disputed information or activities in order to request its interruption, withdrawal or modification, or a statement that the author or publisher could not be contacted."

Section 9 (INJURY/LIABILITY): This section is amended as follows:

The subsection 'Exemption and release' is deleted in full and replaced by the following:

You agree to indemnify and hold AnyFit Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the "AnyFit Parties") indemnify and hold harmless from and against all claims, losses, liabilities, expenses, damages and costs, including but not limited to attorneys' fees, arising out of or in any way relating to your User Content, your use of Content, your use of the Platform, relate to your conduct in connection with the Platform or with other Platform users or a violation of these Terms of Use, laws or the rights of third parties. "

The subsection 'Limitation of liability' is deleted in full.

Section 11 (DISPUTES/Additional Terms): the subsection "Choice of Law/Jurisdiction" is completely deleted and replaced by the following:

"Choice of law/jurisdiction

Nothing in this paragraph shall deprive you of the protection afforded to consumers by the mandatory laws of the country in which you live.

You agree that the Platform, the Terms and any dispute between you and AnyFit shall be governed in all respects by and construed in accordance with the laws of the Netherlands, without regard to the choice of law provisions, and not the United Nations Convention of 1980 on Contracts for the International Sale of Goods/United Nations Convention on Contracts for the International Sale of Goods.

Unless otherwise stated and without limiting the legal rights of consumers, you agree that all disputes, claims and legal proceedings arising directly or indirectly out of or in connection with the Platform (including, but not limited to, the purchase of AnyFit products), exclusively before the competent courts in Amsterdam, the Netherlands.

-If you have a complaint, please contact us via account- office@AnyFit.com. If you believe that your complaint is not being handled adequately, you may, but are not obliged to, use the Online Dispute Resolution (ODR) platform to which you may http://ec.europa.eu/odr. access. In addition, you have the right to initiate mediation proceedings by contacting the mediator(s) as follows: Association of médiateurs européens (197, Boulevard Saint-Germain, 75007 PARIS, Tel.: 09 53 01 02 69), http://www.mediationconso-ame.com/. The mediator(s) will attempt to settle the dispute independently and impartially. In the event of mediation, each party is free to accept or reject the solution proposed by the mediator. "

GERMANY

The following regulations apply to users of the Anyfit platform offers with their registered office/domicile/permanent residence in Germany in addition to/concretizing the above conditions.

Your contract and contact person in Germany is:

Anyfit Health Tech GmbH, represented by the Managing Director Mr. Jason Yu

Hanauer Landstraße 287-289

60314 Frankfurt am Main

info@anyfit.com (hereafter Anyfit)

Commercial register: Amtsgericht Frankfurt am Main, HRB 99312

VAT identification number: DE297212839

1. Modification of the Terms of Use (contrary to A. I. of the General Part)

a) Anyfit reserves the right to change the Terms of Use with effect for the future, provided that the changes are reasonable taking into account your interests and the interests of Anyfit. This is especially the case if the changes are without economic disadvantages for you, e.g. when adapting the services/platform to the state of the art, changes to optimize the system, in particular to improve the user-friendliness, as well as changes in the content, provided that the latter is to correct errors, update and complete, are required for programming optimization or for licensing reasons or to extend the free content of the portal.

b) Changes to these Terms of Use, any Special Terms of Use or Contract, and the introduction of additional terms for new services and products that offer paid content or contract options (such as product or service offerings); will be notified and offered to you no later than two months before the planned change date by e-mail to the e-mail address provided by you.

Your consent to the offer of Anyfit's new terms and conditions will be deemed granted if you have not notified your objection before the proposed date of effect of the changes. Anyfit will notify you of this approval effect separately when offering the new terms. Upon approval, Anyfit will use the amended version of the Terms of Use, the Special Terms of Use or Contract, as well as the introduction of additional terms of further use.

c) If Anyfit offers you changes to the Terms of Paid Content, you may terminate the part of the Platform affected by the changes or the use of the Services as a whole without notice and free of charge prior to the proposed date of entry into force of the changes. Anyfit will inform you separately of this right of termination upon notification of the planned change.

2. Conditions of Sale (in addition to A. II. of the General Part)

The terms and conditions of sale applicable to users of the Anyfit platform offers with domicile/permanent residence in Germany will be communicated to the user prior to the conclusion of the respective contract.

3. Privacy Policy (in addition to A. III. of the General Part)

The privacy policy for the web for users in Germany can be found at: www.anyfit.de under the item: "Privacy Policy".

4.PRINCIPLES FOR THE USE OF THE PLATFORM (instead of the General Part of the Terms of Use under A.1.)

a) You must be at least 18 years old to be able to use the Anyfit Platform's offerings.

b) You must keep access data including the password secret and under no circumstances make it accessible to unauthorized third parties. All from Anyfit after registration if necessary. You must immediately change assigned passwords to passwords known only to you.

c) It is further your responsibility to ensure that access to the Anyfit Platform or whose services are provided exclusively by you or by the persons authorised or commissioned by you (Studio/Trainer).

d) You must take appropriate measures to prevent unauthorized third parties from accessing your User Access and the Anyfit Services. You must notify Anyfit immediately of any unauthorized use of your access. You are liable for any misuse of your access for which they are responsible.

e) You may not use any device or other means designed to circumvent or overcome Anyfit's technical measures to protect the services of the Anyfit Platform. In the event of improper use of the portal, we are entitled to block your access immediately. Further rights and claims of Anyfit, in particular the right to extraordinary termination for good cause as well as claims for damages remain unaffected.

f) You are responsible for creating and maintaining the technical conditions for accessing the Anyfit Platform in your area (Device). This applies in particular to the hardware and operating system software you use, the connection to the Internet and the current browser software. You are obliged to take the precautions required to secure your system, in particular to use the usual security settings of the browser and to use current protection mechanisms to ward off malware.

g) Anyfit will only be liable to you for data loss if you could not have avoided such loss by taking appropriate data protection measures.

In addition, Section 4 of the General Part of the Terms of Use (CODE OF CONDUCT FOR THE USE OF THE ANYFIT PLATFORM) shall apply unchanged.

5. Section 2 "PROPERTY OF CONTENT" of the General Part

The following additional and clarifying provisions apply:

Unless otherwise agreed in writing, you always receive the simple, non-exclusive, non-transferable and limited right to use the Anyfit web and the content provided in the Websites solely for your own, non-commercial purposes. In detail:

a) Anyfit grants you/the user the right to use the website. This is a non-exclusive and non-transferable right to use the information.

b) You may not use the website in the context of business, commercial or official activity. You are prohibited from reselling the rights of use of the app to third parties.

c) The information, software and documentation are protected by copyright. You will respect Anyfit's copyrights to this website. In particular, you will not develop the website yourself, or use it as a basis for your own development and will not change the program code of the website.

d) Section 69 a. et al. Copyright law shall remain unaffected.

e) Any exploitation, use, addition, sale, rental, reproduction of the website without the prior written consent of Anyfit is prohibited in any case.

f) You are not granted any rights of use corresponding to the purpose of the website, in particular Trainer/Studio are not granted any rights to the company name, to industrial protective screens. Anyfit itself is not obliged to grant such rights.

6. Section 3 "PUBLICATION OF CONTENT ON THE PLATFORM/ NO INFRINGEMENT OF THIRD PARTY RIGHTS" of the General Part

The following provisions shall apply in addition to and clarifying Section A.3. a) iii): The right to erasure of your personal data in accordance with and in accordance with the provisions of Art. 17 GDPR can be asserted against Anyfit Health Tech GmbH.

7. Section 5 "INFRINGEMENT OF COPYRIGHT"

Instead, the rules are drawn up as follows:

If you believe that your work/work has been copied to the Anyfit Platform without authorization, so that it is a copyright infringement, please notify us: info@anyfit.com.

In order to process your complaint quickly, please provide us with the following information:

(1) the name, address, telephone number, e-mail address and an electronic or physical signature of the author or of the person authorized to act on his behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where on the Platform the Content you claim to be infringing is located.

8. Section 6 "PARTNERS ON THE PLATFORM"

Section 6 "PARTNERS ON THE PLATFORM" of the General Part of the Terms of Use applies.

9. Section 7 "IMPORTANT EXCLUSIONS"

This section is recast as follows:

"Information on usage and functionalities"

a) Important information for use:

The Anyfit platform may include features that promote physical activity, nutrition or general well-being. They are for your information only and are not intended as medical advice or services or for diagnostic or treatment purposes. Never disregard the professional medical advice given to you or delay the medical consultation due to information/representations you have seen or read on the Anyfit platform.

Consider the risks associated with physical activity and consult your doctor before engaging in physical activity.

Take precautions when interacting with other users (especially users you do not know personally) through the Anyfit platform. Before meeting someone in person, consider whether you want to check them out first, bring a friend, choose public places, and/or let someone know where you will be. Anyfit cannot verify and guarantee the identity of users of the Anyfit Platforms.

b) Individual functionalities (hereinafter: website usage)

i. Anyfit endeavors, but cannot guarantee that the services offered through the Anyfit website will be fully available at all times.

ii. Anyfit cannot guarantee timely and immediate provision of information. For time information, the underlying time zone (MEZ) must be taken into account.

iii. Anyfit has the right to temporarily disable the offered services of the Portal or parts thereof for maintenance purposes (planned or unplanned), for adjustments, improvements or removal. Anyfit strives to make such a shutdown as possible outside of office hours (MEZ) and to inform you – as far as possible – before shutdown.

iv. If a change results in a significant change in the functionality of the Anyfit website, Anyfit will endeavour to notify you in good time.

10. To section 8 "NOTIFICATION"

By way of derogation, the following provisions apply:

Unless there are separate terms and conditions for the use and termination of the Anyfit Platform services/usage options that are communicated to you before using the Services, the following shall apply:

a) Anyfit may, in its sole and absolute discretion, temporarily or permanently suspend access to the Anyfit Platform, in whole or in part, if there are concrete indications that you have violated or violated these Terms of Use and/or applicable law.

b) In addition, Anyfit may permanently block access due to inactivity at its sole discretion. If Anyfit intends to block access due to inactivity, you will be informed by email two months before the blocking of the intended blocking due to inactivity.

c) When deciding on a blocking, the legitimate interests of the user are duly taken into account. If, despite notification, the user repeatedly violates these terms of use, Anyfit reserves the right to permanently block access and exclude the user from future use of the services of the Anyfit platform.

d) In case of temporary or permanent blocking of your access, you will be notified by e-mail.

e) In the event of a temporary blocking, your access authorisation will be reactivated after the expiry of the blocking period or the final cessation of the reason for blocking and you will be notified of this by e-mail.

f) Permission permanently blocked cannot be restored. In this case, a new registration is required. You have no legal right to accept the registration offer.

The following conditions apply to the Anyfit website:

a) The use of the Anyfit website is unlimited. The user relationship can be terminated at any time. Termination must be made in text form or by pressing the "Delete Account" function.

b) In the event of your objection to planned changes to the Terms of Use, the User Agreement may be terminated in whole or in part at the time of the entry into force of the changes to the Terms of Use: You may terminate the use of the paid portions of the Anyfit Platform affected by the changes or the use of the entire Platform offering without notice and free of charge prior to the proposed date of entry into force of the changes. You will be informed of this right of termination separately upon notification of the change.

c) Your right to terminate for good cause remains unaffected. An important reason exists for Anyfit in particular if the conditions for a permanent suspension are met (paragraphs B. 10. to section 8 "Termination, there a)-e)).

d) Upon termination of the User Agreement, access to and access to the Anyfit website shall cease. In this case, access will be blocked and all passwords deleted at the time of termination. Anyfit is entitled and obliged to irretrievably delete all data generated during the use of the portal after expiry of any statutory retention periods. For personal data, the applicable data protection regulations apply in accordance with the data protection information for the Anyfit website.

11. Section 9 "Indemnity/Limitation of Liability":

This section of the General Part of the Terms of Use (A. 9.) is amended as follows:

(a) the subsection 'Compensation and exemption' shall be deleted in full.

(b) the subsection 'limitation of liability' is deleted in its entirety and replaced by the following:

  1. The liability of AnyFit and its affiliates and their officers, directors, shareholders, employees and agents (the "Indemnified Parties") is limited to cases of intent or gross negligence. In cases of simple negligence, the exempted parties are only liable if there is a material contractual obligation, the breach of which endangers the purpose of the contract or the fulfilment of which is necessary to achieve this purpose and on whose fulfilment the consumer has relied (so-called "cardinal obligations").
  2. ii. In the case of simple negligence, liability is limited to typical and foreseeable damage.
  3. iii. These limitations of liability do not apply to claims under the Product Liability Act and in the event of personal injury or death.
  4. 12. Section 12 "ELECTRONIC COMMUNICATION"
  5. Instead, the following rules apply:
  6. AnyFit will inform you electronically about the use of the Anyfit Platform (by email, or if you have consented in the app settings: by notification in the app).
  7. Your legally relevant declarations and notices regarding the use of the Anyfit platform (e.g. termination, setting a deadline, notification of defects, withdrawal or reduction) must be made in writing, i.e. in writing or text form (e.g. letter, e-mail, fax).
  8. 13.To Section 11 "DISPUTES AND ADDITIONAL TERMS" and Section 13 "CONCLUSIONS" of the General Part of the Terms of Use (A. 11. and A. 13.)
  9. Instead, the following "Choice of Law/Jurisdiction Section 11 (DISPUTES/ADDITIONAL TERMS) applies: This section will be replaced by the above version for European countries, except that the following is added at the end:
  10. "All claims arising from the purchase contract must be asserted within two (2) years, claims otherwise within (3) years after the claim arose, if you are a consumer.
  11. If you are an entrepreneur within the meaning of Section 14 BGB, the following applies: Deviating from Section 438 para. 1 No. 3 BGB is the general limitation period for claims arising from material defects and defects of title one year from delivery. Insofar as acceptance has been agreed, the limitation period begins with acceptance.
  12. The above limitation periods of the purchase law also apply to contractual and non-contractual claims for damages of the user, which are based on a defect of the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases. Claims of the user acc. B. 11. However, under section 9) under b) as well as under the Product Liability Act, the statute of limitations expire exclusively in accordance with the statutory limitation periods. The German version of these Terms of Use applies to users residing/permanently residing in Germany.
  13. The following provisions apply instead of section 13 "CONCLUSIONS" in general part of the Terms of Use:
  14. a) AnyFit may assign its rights and obligations under these Terms to a third party at any time without notice to you. In this case, you have the right to withdraw from the contract. to terminate the contract.
  15. b) AnyFit's failure to insist on or enforce strict compliance with these Terms shall not constitute a waiver of compliance with these Terms or the rights of AnyFit.
  16. c) If you have a complaint, please contact us via info@anyfit.com. If you believe that your complaint is not being handled adequately, you may, but are not obliged to, use the Online Dispute Resolution (ODR) platform to which you may http://ec.europa.eu/odr access.
  17. d) Should any provision of these Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected. In such a case, Anyfit and you are obliged to contribute to the creation of provisions by which a result that is as close as possible to the invalid provision economically achieves legally effective. The foregoing shall apply accordingly to the closing of any gaps in the contract. I'm sorry. I'm sorry.
  18. 14. Additional conditions for the "Anyfit website"
  19. The following terms and conditions apply in addition to the above General Terms and Conditions of Use and the above country-specific terms and conditions of use for the use of Anyfit website. They take precedence over the General Terms of Use and the country-specific Terms of Use, insofar as they contain more specific provisions.
  20. The "Anyfit website" is intended exclusively for registration by consumers (as defined in Section 14 BGB) and trainers and studios .
  21. A. Features of the website
  22. The Anyfit website offers you the following usage options (overview) as a user:
  23. Organization and management of your own training plan;
  24. Overview of your own training progress;
  25. Communication with fitness trainer/gym to book individual services of the trainers/studios (e.g. courses; creation of an individual training plan);
  26. Information on new courses, trainers and studios.

The Anyfit website offers the possibility to access (possibly paid) services of third parties (studios/trainers). Anyfit only provides users of the Anyfit website with access to these services for these offers, but is not itself a provider or contractual partner of the user in relation to these services. The corresponding offers are expressly marked as such within the Anyfit website. They apply to the use of possibly. separate terms of use/contractual conditions of the respective provider (studio/trainer).

Anyfit may use the possibilities of use. expand, supplement or modify.

B. Content and payment

I. Free content

In principle, no fee is required from you for registering on and using the services freely accessible via the Anyfit website.

II. Paid content and services

1. However, certain additional functionalities/content and services may be subject to charges. These are marked as chargeable.

2. Payments are made via so-called Inn App Purchases via PayPal/credit card through the respective App Store of your choice or processed in accordance with the payment terms of the respective Trainer/Studio.

3. In the case of transactions subject to payment, you will be expressly informed of the obligation to pay prior to a claim and invoicing. There is no fee without your consent. Unless otherwise stated, prices are inclusive. VAT VAT

III. Contract between User and Studio/Trainer regarding services and content available

1. All offers that can be viewed via the Anyfit website are merely requests for the submission of an offer to conclude a contract by the user. The User submits the offer to conclude a contract with the Studio/Trainer by clicking on the button "Order subject to payment" and the receipt of the order/purchase of the User will be confirmed electronically.

2.The contract between the Studio/Trainer and the User is only effective once the Studio/Trainer electronically confirms the order/purchase of the User. The Studio/Trainer is entitled to refuse the User's order/purchase if the offer is no longer available.

3.The Studio/Trainer's offer published in the Anyfit website is published on behalf of the respective Studio/Trainer, based on the information provided by the Studio/Trainer. Anyfit does not verify the accuracy or completeness of the information and is not responsible for the performance of the contract between Studio/Trainer and the user.

4.Your complaints regarding the offer, order or performance of the contract with the Trainer/Studio must be made to the Trainer/Studio. The sole responsibility for the offer of the trainer/studio and the fulfilment of the agreement lies with the trainer/studio. In the event of such complaints, Anyfit can only play a conciliatory role.

The European Commission provides a platform for online dispute resolution (ODR platform). This platform can be found at http://ec.europa.eu/odr Anyfit expressly excludes alternative dispute resolution in accordance with Directive 2013/11/EU. Anyfit's email address is: info@anyfit.com

C. Obligations of the user

1. Anyfit offers the user the opportunity to evaluate the performance of the trainer/studio and to communicate with other users via the app and leave comments.

2.The posted reviews, comments and own content of the user must not have right-wing radical, racist, sexist, offensive, defamatory, pornographic or otherwise illegal content and also do not otherwise violate the rights of third parties (including industrial property rights). Anyfit can remove reviews/comments/own content of the user if they violate the aforementioned criteria. The user shall indemnify Anyfit from all claims of third parties, including reasonable legal costs, in the event of a violation of the above conditions for posting reviews/comments/own content of the user.

HUNGARY

Introductory paragraphs: The second bullet point in the first section entitled "Conditions of Sale" is supplemented by the following addition:

"These Terms constitute an implied agreement between you and AnyFit unless they satisfy the requirements of written agreements under Hungarian law."

ITALY

Section 7 (IMPORTANT EXCLUSIONS): this section is amended as follows:

The last paragraph of the sub-section 'PHYSICAL ACTIVITY' is deleted in full and replaced by the following paragraph:

"To the extent permitted by applicable law, AnyFit shall not be responsible or liable for any damages resulting from the use or inability to use the features on the Platform, except in the event of fraud or gross negligence on the part of AnyFit."

The subsection "USER INTERACTIONS" is completely deleted and replaced by the following:

We are not responsible for your interactions with other users of the Platform or for any damages you may incur as a result of such interactions, except in the case of fraud or gross negligence on the part of AnyFit.

Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before meeting another person in person, consider whether you are examining, bringing a friend, choosing public places and letting someone know where you will be. AnyFit is under no obligation (but may do so in its sole discretion) to engage in any User Dispute except in the event of fraud or gross negligence by AnyFit."

Section 11 (DISPUTES/ADDITIONAL TERMS AND CONDITIONS): the subsection "Choice of law/JURISDICTION" is deleted in full and replaced by the following text (with the exception of the last point on claims, which remains unchanged):

"Choice of law/jurisdiction

You agree that the Platform, the Terms and any dispute between you and AnyFit shall be governed in all respects by and construed in accordance with the laws of the Netherlands, without regard to the choice of law provisions, and not the United Nations Convention of 1980 on Contracts for the International Sale of Goods/UN Sales Contract Law, subject to the statutory provisions of applicable law, which may apply regardless of any other choice of law.

Except to the extent prohibited and without limiting the legal rights of consumers, you agree that all disputes, claims and legal proceedings arising directly or indirectly out of or in connection with the Platform (including, but not limited to, the purchase of AnyFit products), be decided exclusively in the court of the place where you are resident or resident.'

Poland

Section 11 (DISPUTES/ADDITIONAL TERMS AND CONDITIONS): the subsection "Choice of law/JURISDICTION" is deleted in full and replaced by the following text (with the exception of the last point on claims, which remains unchanged):

"Choice of law/jurisdiction

The Platform, the Terms and any dispute between you and AnyFit shall be governed in all respects by Polish law.

-All disputes, claims and legal proceedings arising directly or indirectly out of or in connection with the Platform (including, but not limited to, the purchase of AnyFit Products) will be settled in the courts of competent jurisdiction under applicable law."

SWITZERLAND

Section 11 (DISPUTES/ADDITIONAL TERMS AND CONDITIONS): the subsection "Choice of law/JURISDICTION" is deleted in full and replaced by the following text (with the exception of the last point on claims, which remains unchanged):

'CHOICE/JURISDICTION

You agree that the Platform, the Terms and any dispute between you and AnyFit shall be governed in all respects by the substantive laws of Switzerland, without regard to international conflict of laws rules and to the exclusion of the United Nations Convention of 1980 on Contracts for the International Sale of Goods/United Nations Convention on Contracts for the International Sale of Goods.

You agree that any dispute arising directly or indirectly out of or in connection with the Platform and these Terms of Use shall be submitted to the exclusive jurisdiction of the competent courts of the City of Zurich, Switzerland."

JAPAN

Section 9 (INJURY/LIMITATION OF LIABILITY): This section is amended as follows:

The subsection 'Limitation of liability' is deleted in its entirety and replaced by the following:

LIMITATION OF LIABILITY. Neither of the AnyFit Parties shall be liable for any special, incidental, indirect or consequential damages, including, without limitation, for lost profits or data arising out of the use or inability to use, the Platform or the performance of the Products, acquired through the PLATFORM OR the conduct of OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENTION AT A AnyFit EVENT OR AnyFit PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, IF AnyFit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. Your sole remedy against any damage caused by your use of the PLATFORM or any Content is to discontinue use of the PLATFORM. IF AnyFit may be liable to you for any damage or loss in any way related to your use of the Plate or any Content, AnyFit's liability shall not exceed USD 100.00 or EUR 100.00 if you live in Europe.

Section 11 (DISPUTES/Additional Terms): This section is amended as follows:

The subsection 'Choice of law/jurisdiction' is deleted in full and replaced by the following:

"Choice of law/jurisdiction

You agree that the Platform, the Terms, the Privacy Policy and any dispute between you and AnyFit shall be governed in all respects by and construed in accordance with Japanese law, without regard to choice of law, and not the United Nations Convention on Contracts for the International Sale of Goods/United Nations Convention on Contracts for the International Sale of Goods.

Except as prohibited by applicable law, and without limiting the legal rights of consumers, you agree that all disputes, claims and legal proceedings arising directly or indirectly out of or in connection with the Platform (including, but not limited to, the purchase of AnyFit Products) shall be individually, individually, and without any form of class action and exclusively in the courts of Tokyo, Japan.

-All claims must be asserted within one (1) year of the claim being made, unless the applicable law requires a longer period.

AnyFit Terms of Use

Date of last revision: 05.04.2019

Please read these Terms of Use ("Terms") carefully before using any AnyFit Platform.

A. General part

Welcome to the AnyFit Community! You are reading these Terms because you wish to use or use any AnyFit website, digital experience, social media platform, mobile app, portable technology or any of our other products or services, all of which are part of the so-called AnyFit platform ("Platform"). You may access the Platform through a computer, mobile phone, tablet, console, or other technology we refer to here as a "Device." Your device is subject to your carrier's normal rates and fees.

If you live in one of the following countries, additional conditions may apply to you. These country-specific conditions can be found at the end of these conditions (Part B). If other regulations apply in the general part, we will indicate the country separately within the terms and conditions. These additional conditions for individual countries/regions shall take precedence over the following conditions (General Part), in particular where there are contradictions. See the conditions for: Argentina, Australia, Brazil, Canada, Colombia, all European countries (including specific conditions for Austria, Belgium, France, Germany, Hungary, Italy, Poland, Switzerland) and Japan.

These Terms constitute a legally binding agreement between you and AnyFit and its affiliates (which we may refer to as "AnyFit", "we", "us" or "our"). regarding your use of the Platform.

If you have any questions regarding these Terms of Use, please contact:

Anyfit Health Tech GmbH

Hanauer Landstraße 287-289

60314 Frankfurt am Main

info@anyfit.com (hereafter Anyfit)

Some important hints:

1. PRINCIPLES FOR THE USE OF THE PLATFORM

[See Conditions for Germany.]

(a) eligibility. You are only entitled to use the Platform if you are of legal age in your country. There may be different age restrictions for certain Platform Services in some countries.

(b) rules for registration. When you register for an account with us, the following rules apply:

-Be honest: Provide accurate and up-to-date registration information.

Be yourself: Enter your personal data when registering. Do not register for more than one AnyFit account, register an AnyFit account on behalf of another person, or transfer your account to a third party.

-Be careful: keep your username, password and other login information safe and do not allow anyone else to use your account.

Be Responsible: Notify AnyFit immediately of any unauthorized or suspected unauthorized use of your AnyFit account. You are responsible for everything that happens through your AnyFit account. Up to the maximum amount permitted by law in your country of residence/habitual residence, AnyFit will not be responsible for any loss or activity resulting from unauthorized use of your account.

2. OWNERSHIP IN CONTENT/OBSERVATION OF THIRD-PARTY RIGHTS

Except for User Content (see below), all content on our Platform, including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, messages, sketches, animations, stickers, general graphics and other content ("Content") is owned by AnyFit or others from whom we license Content. and are protected by copyright, trademark, patent and other laws. AnyFit reserves all rights not expressly described in these Terms.

a) All trademarks, service marks and trade names (e.g., the name AnyFit and the Swoosh design) are the property of AnyFit, registered and/or licensed. You do not acquire any license or ownership rights in any trademarks, service marks or trade names by accessing or using the Platform or Content.

b) You agree not to change or delete any proprietary notices of materials downloaded or printed from the Platform.

c) To the extent AnyFit authorizes the download or use of content consisting of copyrights or copyrighted works, AnyFit grants you a limited, personal, non-transferable, non-sublicensable and revocable simple right to access and use such copyrights or copyrighted works solely for the intended purpose and only for as long as AnyFit makes such content available on the Platform. You do not acquire any ownership rights in the Content (including trademarks or other intellectual property contained in the Content), and all such Content is for personal, non-commercial use, unless otherwise agreed. AnyFit reserves the right to monitor your use and to modify or revoke this license or your access to the Content at any time, including without limitation, if you violate these Terms and Conditions and for any reason. AnyFit reserves the right to remove content that violates these Terms or the intellectual property rights of AnyFit or third parties. AnyFit does not waive the rights to the content in the platform.

d) Outside of the specific rights of use granted to you by AnyFit in connection with the Platform, you agree not to use Content, including User Content (unless it is your own User Content that you legally post on the Platform), without the prior written consent of AnyFit, copy, edit, translate, display, distribute, download, transfer, sell, create derivative works from or use in any way. Unauthorized use of the Content may constitute a violation of copyright, trademark or other intellectual property laws and may have criminal and/or civil consequences.

[See Conditions for Germany.]

3. PUBLICATION OF CONTENT ON THE PLATFORM/OBSERVATION OF THIRD PARTY RIGHTS

a) License for User Content. Some parts of the platform allow you to post photos, videos, comments and other content, which we call "User Content" or "User Content" Anyfit is not responsible for User Content that others post on the Platform. Anyfit does not share the opinions posted/shared by users, unless Anyfit adopts the opinions. User Content is owned by you or the person who created it, but if you post User Content, you license it as below. n described to AnyFit:

i. By posting your User Content, you represent that you have the right to post such User Content.

ii. You grant AnyFit a non-exclusive, perpetual, transferable, sublicensable, royalty-free, worldwide right to use the User Content you post on or in connection with the Platform. This includes, without limitation, resemblance to any person appearing in the User Content or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works of such rights, to grant and transfer sub-licences. AnyFit may, in its sole and absolute discretion, remove User Content at any time; in particular if they violate the rights of third parties. [See conditions for Argentina, Colombia and Belgium.]

iii. Deleted User Content on AnyFit's systems and on the Platform may then remain stored/published insofar as you have published your User Content or have been shared with others who have not deleted that information, unless: You or the individual request the deletion or blocking of personal data in accordance with applicable law. [See Conditions for Germany.]

b) License to use comments, feedback and ideas. Please do not submit creative ideas, suggestions, inventions or materials, e.g. via comment, if we have not requested them. If you nevertheless submit such content, you grant Anyfit a perpetual, worldwide right/license to use your comments, feedback and ideas that you share with us for any comments, feedback or ideas that you submit to us and make available to us on a non-confidential basis. without notice to you and without compensation or recognition to you, for any purpose, including but not limited to developing, manufacturing and marketing products and services, and creating, modifying or improving products and services. [See Colombia and Belgium.]

4. CODE OF CONDUCT FOR THE USE OF THE ANYFIT PLATFORM

We are delighted that you are contributing to the AnyFit community. Here are some basic rules:

a. Be original. Publish User Content to the Platform only if you have all the permissions and rights necessary to make that User Content available, including respecting the rights of the persons appearing or mentioned in your User Content.

b. Be careful.

Do not do anything that could harm AnyFit or its users in any way, including anything that could disrupt, damage, disable, manipulate, overload or limit the functionality of the Platform.

c. Do not harass anyone.

d. Act appropriately/legally. Respect the community and do not post any User Content, links to any website or anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory or otherwise objectionable or inappropriate or violates any applicable law. to monitor or remove, but we are under no obligation to do so.

e. Be yourself. Do not impersonate any other person or organization, including athletes or AnyFit employees.

f. HAVE FUN!

[See Conditions for Germany.]

Please consult your legal advisor before sending any notice to us, as false claims may result in penalties. AnyFit may terminate the accounts of Platform Users who have been found to have infringed the copyrights of third parties.

If you believe that your work has been improperly copied to the Platform, so that it is an infringement, please provide us with the following information [See Conditions for France]:

(1) the name, address, telephone number, e-mail address and an electronic or physical signature of the author or of the person authorized to act on his behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where on the Platform the Content you claim to be infringing is located;

(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) a statement made by you under penalty of perjury (subject to applicable law) that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Send copyright infringement complaints to: info@anyfit.

6. PARTNERS ON THE PLATFORM

From time to time, AnyFit may establish links to or partnerships with third party websites, social media platforms, mobile applications and other products and services ("Third Party Providers"). You may be able to connect to these third parties through the Platform. This does not necessarily mean that AnyFit supports, monitors or controls these third parties or their activities, which are subject to separate terms of use and privacy policies. Please note the terms and conditions for using the partner offers that Anyfit will make available. You should always carefully review the websites and terms of use and the privacy policy of any third party. AnyFit is not responsible for the content, policies or activities of third parties and you interact with third parties at your own risk unless special terms of use or contract have been agreed between you and Anyfit/third parties.

7. IMPORTANT DISCLAIMERS OF LIABILITY

[See Conditions for Germany.]

Physical activity. [See the Canada, Germany, and Italy Terms as the following exclusions and restrictions may not apply to you if you reside or reside in the aforementioned states.]

Important information:

The Platform may contain features that promote physical activity, nutrition or general well-being. They are for your information only and are not intended as medical advice or services or for diagnostic or treatment purposes.

-Consider the risks involved and consult your doctor before doing any physical activity.

-Never disregard professional medical advice or delay medical consultation due to information/representations you have seen on the platform.

To the maximum extent permitted by law in your country of residence/permanent residence, AnyFit shall not be liable or liable for any injury or damage suffered by you as a result of your use or inability to use the features on the Platform.

User interactions. To the extent permitted by applicable law, we are not responsible for your interactions with other users of the Platform or for any damages you may incur as a result of such interactions. [See Conditions for Italy.]

Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before meeting someone in person, consider whether you want to check them out first, bring a friend, choose public places, and/or let someone know where you will be. AnyFit is under no obligation to engage in any User Dispute, but may do so in its sole discretion.

Warranty disclaimer. Some jurisdictions do not allow certain limitations or exclusions of liability, statutory warranties and remedies, so these exclusions and limitations may not apply to you. [See Australia, Canada and Germany.]

-The platform, content, materials and products on this platform are provided "AS IS". We make no promises of any kind, including accuracy, appropriateness, usefulness, reliability or otherwise. Up to the maximum amount permitted by the law of your country of residence/country of permanent residence, AnyFit is not responsible or responsible for any User Content posted on the Anyfit Platform.

-AnyFit does not warrant that the Platform will be uninterrupted or error-free, that defects will be corrected or that the Platform will be free of viruses or other harmful components.

To the fullest extent permitted by law, AnyFit disclaims all warranties, express or implied, with respect to the Platform, Content, User Content, and any products or services you receive through or access through the Platform, including, but not limited to, implied warranties of title, marketability, fitness for a particular purpose and non-infringement.

You are solely responsible for any damage to your device resulting from access to the Platform, unless otherwise provided by applicable law.

We hope you enjoy and take full advantage of the platform, but we do not guarantee success or results.

8. NOTIFICATION

[See Conditions for Germany.]

AnyFit may terminate or modify any AnyFit platform, membership program, product or service at any time and without notice.

AnyFit may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or part of the Platform at any time and for any reason without liability to AnyFit, subject to applicable law.

You understand and agree that some of your User Content, including but not limited to those displayed in an activity feed or other public places on the Platform, may continue to appear publicly even after termination of your account, subject to your right to have your User Content removed upon request in accordance with applicable law.

These Terms will also apply if your account is terminated or you cease using the Platform.

9.INJURY AND LIMITATION OF LIABILITY

We want you to enjoy our platform. However, AnyFit must also protect itself from any damage you may cause when using or using the Platforms.

Compensation and exemption. Some jurisdictions do not allow certain limitations or exclusions of liability, statutory warranties and remedies, so these limitations may not apply to you. [See Conditions for Germany.] You agree to indemnify, defend, and hold harmless AnyFit and its affiliates, officers, directors, employees, agents, licensors and suppliers (the "AnyFit Parties") from and against all claims, losses, liabilities, expenses, damages and costs, including, but not limited to reasonable attorneys' fees arising out of or in any way relating to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or a violation of these Terms of Use, laws, or the rights of third parties. You and on behalf of your heirs, bequests, insurers, successors and assigns hereby indemnify and hold AnyFit Parties harmless in full from any claim or cause of action you may have for damages in any way related to your use of the Platform.

Limitation of liability. [Some jurisdictions do not allow certain limitations or exclusions of liabilities, statutory warranties and remedies, so these exclusions/limitations may not apply to you.]

Neither AnyFit party shall be liable for any direct, special, incidental, indirect or consequential damages, including, without limitation, any lost profits or data arising out of the use or inability to use, the Platform or the performance of the Products, acquired through the Platform or the conduct of other Platform Users (online or offline), or attention at any AnyFit Event or AnyFit Partner Event, or any User Content or any other activity in connection with the use of the Platform, if AnyFit has been considered of the possibility of such damages. You assume full responsibility for your use of the Platform. Your sole remedy for any damage caused by your use of the Platform or any Content is to discontinue use of the Platform. If AnyFit may be liable to you for any damage or loss in any way related to your use of the Platform or any Content, AnyFit's liability may not exceed USD 100.00 or EUR 100.00 if you live in Europe.

10. WEBSITE PLACES

This Agreement is between you and AnyFit only and not with the places you open the web.

11. DISPUTES AND ADDITIONAL TERMS
Choice of law/jurisdiction

[If you live in one of the following countries, different choice of law conditions apply to you: Argentina, Austria, Brazil, Canada, France, Germany, Italy, Poland, Switzerland and all other European countries.]

You agree that this platform is a passive platform based solely in Oregon, USA, and does not create personal jurisdiction for AnyFit in jurisdictions other than Oregon.

You agree that the Platform, the Terms, the Privacy Policy and any dispute between you and AnyFit shall be governed in all respects by the laws of the State of Oregon, without regard to choice of law, and not by the United Nations Convention of 1980's on Contracts for the International Sale of Goods/UN Sales Law.

Except as prohibited by applicable law, and without limiting the legal rights of consumers, you agree that all disputes, claims and legal proceedings arising directly or indirectly out of or in connection with the Platform (including, but not limited to, the purchase of AnyFit Products) shall be individually resolved by: without class action of any kind and exclusively in the state or federal courts located in Multnomah County, Oregon, USA.

You agree to waive all objections to "lack of personal jurisdiction" and "unfavorable forum" with respect to the jurisdiction and jurisdiction of the state and federal courts of Multnomah County, Oregon.

-All claims must be asserted within one (1) year of the claim being made, unless the applicable law requires a longer period.

12. ELECTRONIC COMMUNICATION

By using the Platform, you agree to receive certain electronic communications from AnyFit, subject to applicable law.

You agree that any notice, agreement, disclosure or other communication that AnyFit provides to you electronically meets all legal communication requirements, including the fact that such communication is in writing.

13. CONCLUSIONS

[See Conditions for Germany.]

– AnyFit may assign its rights and obligations under these Terms to a third party at any time and without notice, unless prior notice to you is required by applicable law. This does not affect your rights or our obligations under these Terms.

The failure of AnyFit to insist on or enforce strict compliance with these Terms shall not constitute a waiver of these Terms or the rights of AnyFit. Users should always assume that these terms apply.

If any provision of these Terms is invalid or unenforceable, the remainder of these Terms will continue to be enforceable.

Thanks for reading. Please enjoy our community!

B. COUNTRY SPECIFIC CONDITIONS

If you reside in one of the following countries, the following additional terms and conditions apply and supersede the above terms and conditions in general Part (A).

ARGENTINA

Section 3 (PUBLICATION OF CONTENT ON THE PLATFORM/ATTENTION OF THIRD PARTY RIGHTS): the first paragraph of the "License for User Content" section is deleted and replaced by the following:

"You grant AnyFit a non-exclusive, transferable, royalty-free, worldwide license to display and distribute to other users the User Content that you post on or in connection with the Platform, including the right to translate, display, reproduce, modify, create, sublicense and distribute derivative works.

For example, we need these rights so that we can copy your User Content to our databases, display it in the correct format in the mobile applications, and send it to providers who provide services on behalf of AnyFit. "

Section 11 (Disputes/Additional Terms): This section is amended as follows:

The subsection 'Choice of law/jurisdiction' is hereby deleted and replaced by the following (with the exception of the last point on claims, which remains unchanged):

"Choice of law/jurisdiction

You agree that the Platform, the Terms, the Privacy Policy and any dispute between you and AnyFit shall be governed in all respects by Argentine law. "

AUSTRALIA

Section 7 (IMPORTANT EXCLUSIONS): this section is amended as follows:

The subsection entitled "DISCLAIMER WARRANTY" is amended by adding the following:

"However, the Platform, Content and Materials and Products on this Platform have certain warranties under Australian Consumer Law ("ACL") cannot be excluded for the benefit of Australian customers, including warranties of acceptable quality and suitability of products. Nothing in these Terms shall be read or applied to exclude, limit or modify any conditions, warranties, warranties, rights or remedies implied by the ACL that cannot be excluded, limited or modified by law, even if any other provision of these Terms would otherwise suggest, that this could be the case".

AUSTRIA

Section 11 (DISPUTES/ADDITIONAL TERMS AND CONDITIONS): This section will be replaced by the following version for European countries, except that the following is added at the end:

"All claims must be asserted within three (3) years of the occurrence of the claim."

BELGIUM

Section 3 (Attach CONTENT TO THE PLATFORM): this section is amended as follows:

The first bullet point paragraph under the subsection 'USER CONTENT LICENSE' is deleted in full and replaced by the following:

"You grant AnyFit a non-exclusive, perpetual (or at least for the duration of the legal protection of the intellectual property rights/image rights that may lie in the User Content) a transferable, sub-licensable, royalty-free, worldwide license to use the User Content that you post on or in connection with the Platform, including the representation of any person appearing in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial purposes; advertising and operational use, including the right to translate, display, reproduce, modify, create derivative works from, sublicense, distribute and transmit those rights.';

The subsection 'LICENSE FOR THE USE OF COMMENTS, FEEDBACK AND IDEAS' is deleted in full and replaced by the following:

"LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. a worldwide license to use all comments, feedback and ideas that you provide to us without notice, compensation or acknowledgement to you, for any purpose, including, but not limited to, developing, manufacturing and marketing products and services, and creating, modifying or improving products and services."

BRAZIL

Section 11 (DISPUTES/ADDITIONAL TERMS): This section is amended as follows:

The subsection 'Choice of law/jurisdiction' is deleted and replaced by the following:

"Choice of law/jurisdiction

You agree that the Platform, the Terms, the Privacy Policy and any dispute between you and AnyFit shall be governed in all respects by and construed in accordance with Brazilian law, without regard to choice of law, and not the United Nations Convention of 1980's on Contracts for the International Sale of Goods/UN Sales Contract Law.

Except as prohibited, you agree that all disputes, claims and legal proceedings arising directly or indirectly out of or in connection with the Platform (including, but not limited to, the purchase of AnyFit Products) will be resolved individually, without class action of any kind and exclusively in Brazil."

CANADA

Introductory paragraph:

The section entitled "Our Terms may change" is limited by the following:

"(a) AnyFit must provide you with a written notice at least 30 days prior to the effective date of the amendment, clearly worded and containing the new clause and the effective date of the amendment; and

(b) You may reject the change and terminate the Agreement without cost, penalty or cancellation compensation by notifying AnyFit at the latest 30 days after the change becomes effective if the change results in an increase in your obligations or a decrease in AnyFit's obligations."

MORE SECTIONS: The terms listed in the sections "Physical Activity", "Disclaimer", "Exemption/Limitation of Liability" and "Limitation of Liability" are explained in more detail below:

"The consumer protection laws in some countries, including Quebec, do not allow the limitations and exclusions of warranties for purchased products, and if these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Exclusion, Exemption/Limitation of Liability, and Liability. restriction'.

SECTION 11 (DISPUTES/Additional Terms): This section is amended as follows:
The subsection entitled "RIGHT CHOICE" is amended by adding the following at the beginning of the section:

"Consumer protection laws in some countries, such as Quebec, may require that your Agreement be governed by the laws of your jurisdiction and heard by the competent courts in your jurisdiction, and may not allow you to waive your right to be part of a class action, or limit your limitation period in order to comply with the laws of your jurisdiction. to initiate legal proceedings. If these laws apply to you, the following restrictions may not apply. "

COLUMBIA

Section 3 (PUBLICATION OF CONTENT ON THE PLATFORM/OBSERVATION OF THIRD PARTY RIGHTS): the subsection "USER CONTENT LICENSE" is amended as follows:

The first paragraph of USER CONTENT LICENSE is deleted and replaced by the following:

"You grant AnyFit a non-exclusive, perpetual, transferable, sublicensable, royalty-free, worldwide license to use the User Content that you post on or in connection with the Platform, including any resemblance to any person appearing in the User Content or any of the concepts or ideas contained in the User Content n shall, for any purpose, including commercial use, include the right to translate, display, reproduce, modify, create, sublicense and assign derivative works."

Section 3 (PUBLICATION OF CONTENT ON THE PLATFORM/OBSERVATION OF THIRD PARTY RIGHTS): the subsection "LICENSE FOR THE USE OF COMMENTS, FEEDACK AND IDEAS" is completely deleted and replaced by the following:

You grant AnyFit a perpetual, worldwide license to use all comments, feedback and ideas that you submit to us, without notice, compensation or recognition to you, for any purpose, including, but not limited to, developing, manufacturing and marketing products, and Services and the creation, modification or improvement of products and services".

EUROPEAN COUNTRIES

The following changes apply to all European countries, with the exception of Austria, France, Germany, Italy, Poland and Switzerland, which have other specific amendments to these Terms for European countries.

Section 11 (DISPUTES/Additional Terms): This section is amended as follows:

The subsection 'Choice of law/jurisdiction' is deleted in its entirety and replaced by the following text (with the exception of the last bullet point for the collection of claims, which remains unchanged):

"Choice of law/jurisdiction

You agree that the Platform, the Terms and any dispute between you and AnyFit shall be governed in all respects by and construed in accordance with the laws of the Netherlands, without regard to the choice of law provisions, and not the United Nations Convention of 1980 on Contracts for the International Sale of Goods/United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer, Art. 6 II Rome I-VO (Regulation (EC) No 593/2008) also the mandatory provisions of the law which would have been applicable without this choice of law clause (see the provisions in the country-specific conditions in Section B).

Unless otherwise stated and without limiting the legal rights of consumers, you agree that all disputes, claims and legal proceedings arising directly or indirectly out of or in connection with the Platform (including, but not limited to, the purchase of AnyFit products), exclusively before the competent courts in Amsterdam, the Netherlands. "

FRANCE

Section 5 (COPYRIGHT INFRINGEMENT): the second paragraph in this section is deleted in full and replaced by the following paragraph:

"If you believe that your work has been improperly copied to the platform so that it is an infringement, please provide us with the following information:

Section 9 (INJURY/LIABILITY): This section is amended as follows:

The subsection 'Exemption and release' is deleted in full and replaced by the following:

You agree to indemnify and hold AnyFit Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the "AnyFit Parties") indemnify and hold harmless from and against all claims, losses, liabilities, expenses, damages and costs, including but not limited to attorneys' fees, arising out of or in any way relating to your User Content, your use of Content, your use of the Platform, relate to your conduct in connection with the Platform or with other Platform users or a violation of these Terms of Use, laws or the rights of third parties. "

The subsection 'Limitation of liability' is deleted in full.

Section 11 (DISPUTES/Additional Terms): the subsection "Choice of Law/Jurisdiction" is completely deleted and replaced by the following:

"Choice of law/jurisdiction

Nothing in this paragraph shall deprive you of the protection afforded to consumers by the mandatory laws of the country in which you live.

You agree that the Platform, the Terms and any dispute between you and AnyFit shall be governed in all respects by and construed in accordance with the laws of the Netherlands, without regard to the choice of law provisions, and not the United Nations Convention of 1980 on Contracts for the International Sale of Goods/United Nations Convention on Contracts for the International Sale of Goods.

Unless otherwise stated and without limiting the legal rights of consumers, you agree that all disputes, claims and legal proceedings arising directly or indirectly out of or in connection with the Platform (including, but not limited to, the purchase of AnyFit products), exclusively before the competent courts in Amsterdam, the Netherlands.

-If you have a complaint, please contact us via account- office@AnyFit.com. If you believe that your complaint is not being handled adequately, you may, but are not obliged to, use the Online Dispute Resolution (ODR) platform to which you may http://ec.europa.eu/odr. access. In addition, you have the right to initiate mediation proceedings by contacting the mediator(s) as follows: Association of médiateurs européens (197, Boulevard Saint-Germain, 75007 PARIS, Tel.: 09 53 01 02 69), http://www.mediationconso-ame.com/. The mediator(s) will attempt to settle the dispute independently and impartially. In the event of mediation, each party is free to accept or reject the solution proposed by the mediator. "

GERMANY

The following regulations apply to users of the Anyfit platform offers with their registered office/domicile/permanent residence in Germany in addition to/concretizing the above conditions.

Your contract and contact person in Germany is:

Anyfit Health Tech GmbH, represented by the Managing Director Mr. Jason Yu

Hanauer Landstraße 287-289

60314 Frankfurt am Main

info@anyfit.com (hereafter Anyfit)

Commercial register: Amtsgericht Frankfurt am Main, HRB 99312

VAT identification number: DE297212839

1. Modification of the Terms of Use (contrary to A. I. of the General Part)

a) Anyfit reserves the right to change the Terms of Use with effect for the future, provided that the changes are reasonable taking into account your interests and the interests of Anyfit. This is especially the case if the changes are without economic disadvantages for you, e.g. when adapting the services/platform to the state of the art, changes to optimize the system, in particular to improve the user-friendliness, as well as changes in the content, provided that the latter is to correct errors, update and complete, are required for programming optimization or for licensing reasons or to extend the free content of the portal.

b) Changes to these Terms of Use, any Special Terms of Use or Contract, and the introduction of additional terms for new services and products that offer paid content or contract options (such as product or service offerings); will be notified and offered to you no later than two months before the planned change date by e-mail to the e-mail address provided by you.

Your consent to the offer of Anyfit's new terms and conditions will be deemed granted if you have not notified your objection before the proposed date of effect of the changes. Anyfit will notify you of this approval effect separately when offering the new terms. Upon approval, Anyfit will use the amended version of the Terms of Use, the Special Terms of Use or Contract, as well as the introduction of additional terms of further use.

c) If Anyfit offers you changes to the Terms of Paid Content, you may terminate the part of the Platform affected by the changes or the use of the Services as a whole without notice and free of charge prior to the proposed date of entry into force of the changes. Anyfit will inform you separately of this right of termination upon notification of the planned change.

2. Conditions of Sale (in addition to A. II. of the General Part)

The terms and conditions of sale applicable to users of the Anyfit platform offers with domicile/permanent residence in Germany will be communicated to the user prior to the conclusion of the respective contract.

3. Privacy Policy (in addition to A. III. of the General Part)

The privacy policy for the web for users in Germany can be found at: www.anyfit.de under the item: "Privacy Policy".

4.PRINCIPLES FOR THE USE OF THE PLATFORM (instead of the General Part of the Terms of Use under A.1.)

a) You must be at least 18 years old to be able to use the Anyfit Platform's offerings.

b) You must keep access data including the password secret and under no circumstances make it accessible to unauthorized third parties. All from Anyfit after registration if necessary. You must immediately change assigned passwords to passwords known only to you.

c) It is further your responsibility to ensure that access to the Anyfit Platform or whose services are provided exclusively by you or by the persons authorised or commissioned by you (Studio/Trainer).

d) You must take appropriate measures to prevent unauthorized third parties from accessing your User Access and the Anyfit Services. You must notify Anyfit immediately of any unauthorized use of your access. You are liable for any misuse of your access for which they are responsible.

e) You may not use any device or other means designed to circumvent or overcome Anyfit's technical measures to protect the services of the Anyfit Platform. In the event of improper use of the portal, we are entitled to block your access immediately. Further rights and claims of Anyfit, in particular the right to extraordinary termination for good cause as well as claims for damages remain unaffected.

f) You are responsible for creating and maintaining the technical conditions for accessing the Anyfit Platform in your area (Device). This applies in particular to the hardware and operating system software you use, the connection to the Internet and the current browser software. You are obliged to take the precautions required to secure your system, in particular to use the usual security settings of the browser and to use current protection mechanisms to ward off malware.

g) Anyfit will only be liable to you for data loss if you could not have avoided such loss by taking appropriate data protection measures.

In addition, Section 4 of the General Part of the Terms of Use (CODE OF CONDUCT FOR THE USE OF THE ANYFIT PLATFORM) shall apply unchanged.

5. Section 2 "PROPERTY OF CONTENT" of the General Part

The following additional and clarifying provisions apply:

Unless otherwise agreed in writing, you always receive the simple, non-exclusive, non-transferable and limited right to use the Anyfit web and the content provided in the Websites solely for your own, non-commercial purposes. In detail:

a) Anyfit grants you/the user the right to use the website. This is a non-exclusive and non-transferable right to use the information.

b) You may not use the website in the context of business, commercial or official activity. You are prohibited from reselling the rights of use of the app to third parties.

c) The information, software and documentation are protected by copyright. You will respect Anyfit's copyrights to this website. In particular, you will not develop the website yourself, or use it as a basis for your own development and will not change the program code of the website.

d) Section 69 a. et al. Copyright law shall remain unaffected.

e) Any exploitation, use, addition, sale, rental, reproduction of the website without the prior written consent of Anyfit is prohibited in any case.

f) You are not granted any rights of use corresponding to the purpose of the website, in particular Trainer/Studio are not granted any rights to the company name, to industrial protective screens. Anyfit itself is not obliged to grant such rights.

6. Section 3 "PUBLICATION OF CONTENT ON THE PLATFORM/ NO INFRINGEMENT OF THIRD PARTY RIGHTS" of the General Part

The following provisions shall apply in addition to and clarifying Section A.3. a) iii): The right to erasure of your personal data in accordance with and in accordance with the provisions of Art. 17 GDPR can be asserted against Anyfit Health Tech GmbH.

7. Section 5 "INFRINGEMENT OF COPYRIGHT"

Instead, the rules are drawn up as follows:

If you believe that your work/work has been copied to the Anyfit Platform without authorization, so that it is a copyright infringement, please notify us: info@anyfit.com.

In order to process your complaint quickly, please provide us with the following information:

(1) the name, address, telephone number, e-mail address and an electronic or physical signature of the author or of the person authorized to act on his behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where on the Platform the Content you claim to be infringing is located.

8. Section 6 "PARTNERS ON THE PLATFORM"

Section 6 "PARTNERS ON THE PLATFORM" of the General Part of the Terms of Use applies.

9. Section 7 "IMPORTANT EXCLUSIONS"

This section is recast as follows:

"Information on usage and functionalities"

a) Important information for use:

The Anyfit platform may include features that promote physical activity, nutrition or general well-being. They are for your information only and are not intended as medical advice or services or for diagnostic or treatment purposes. Never disregard the professional medical advice given to you or delay the medical consultation due to information/representations you have seen or read on the Anyfit platform.

Consider the risks associated with physical activity and consult your doctor before engaging in physical activity.

Take precautions when interacting with other users (especially users you do not know personally) through the Anyfit platform. Before meeting someone in person, consider whether you want to check them out first, bring a friend, choose public places, and/or let someone know where you will be. Anyfit cannot verify and guarantee the identity of users of the Anyfit Platforms.

b) Individual functionalities (hereinafter: website usage)

i. Anyfit endeavors, but cannot guarantee that the services offered through the Anyfit website will be fully available at all times.

ii. Anyfit cannot guarantee timely and immediate provision of information. For time information, the underlying time zone (MEZ) must be taken into account.

iii. Anyfit has the right to temporarily disable the offered services of the Portal or parts thereof for maintenance purposes (planned or unplanned), for adjustments, improvements or removal. Anyfit strives to make such a shutdown as possible outside of office hours (MEZ) and to inform you – as far as possible – before shutdown.

iv. If a change results in a significant change in the functionality of the Anyfit website, Anyfit will endeavour to notify you in good time.

10. To section 8 "NOTIFICATION"

By way of derogation, the following provisions apply:

Unless there are separate terms and conditions for the use and termination of the Anyfit Platform services/usage options that are communicated to you before using the Services, the following shall apply:

a) Anyfit may, in its sole and absolute discretion, temporarily or permanently suspend access to the Anyfit Platform, in whole or in part, if there are concrete indications that you have violated or violated these Terms of Use and/or applicable law.

b) In addition, Anyfit may permanently block access due to inactivity at its sole discretion. If Anyfit intends to block access due to inactivity, you will be informed by email two months before the blocking of the intended blocking due to inactivity.

c) When deciding on a blocking, the legitimate interests of the user are duly taken into account. If, despite notification, the user repeatedly violates these terms of use, Anyfit reserves the right to permanently block access and exclude the user from future use of the services of the Anyfit platform.

d) In case of temporary or permanent blocking of your access, you will be notified by e-mail.

e) In the event of a temporary blocking, your access authorisation will be reactivated after the expiry of the blocking period or the final cessation of the reason for blocking and you will be notified of this by e-mail.

f) Permission permanently blocked cannot be restored. In this case, a new registration is required. You have no legal right to accept the registration offer.

The following conditions apply to the Anyfit website:

a) The use of the Anyfit website is unlimited. The user relationship can be terminated at any time. Termination must be made in text form or by pressing the "Delete Account" function.

b) In the event of your objection to planned changes to the Terms of Use, the User Agreement may be terminated in whole or in part at the time of the entry into force of the changes to the Terms of Use: You may terminate the use of the paid portions of the Anyfit Platform affected by the changes or the use of the entire Platform offering without notice and free of charge prior to the proposed date of entry into force of the changes. You will be informed of this right of termination separately upon notification of the change.

c) Your right to terminate for good cause remains unaffected. An important reason exists for Anyfit in particular if the conditions for a permanent suspension are met (paragraphs B. 10. to section 8 "Termination, there a)-e)).

d) Upon termination of the User Agreement, access to and access to the Anyfit website shall cease. In this case, access will be blocked and all passwords deleted at the time of termination. Anyfit is entitled and obliged to irretrievably delete all data generated during the use of the portal after expiry of any statutory retention periods. For personal data, the applicable data protection regulations apply in accordance with the data protection information for the Anyfit website.

11. Section 9 "Indemnity/Limitation of Liability":

This section of the General Part of the Terms of Use (A. 9.) is amended as follows:

(a) the subsection 'Compensation and exemption' shall be deleted in full.

(b) the subsection 'limitation of liability' is deleted in its entirety and replaced by the following:

l.• Information on new courses, trainers and studios. The Anyfit website offers the possibility to access (possibly paid) services of third parties (studios/trainers). Anyfit only provides users of the Anyfit website with access to these services for these offers, but is not itself a provider or contractual partner of the user in relation to these services. The corresponding offers are expressly marked as such within the Anyfit website. They apply to the use of possibly. separate terms of use/contractual conditions of the respective provider (studio/trainer).

Anyfit may use the possibilities of use. expand, supplement or modify.

B. Content and payment

I. Free content

In principle, no fee is required from you for registering on and using the services freely accessible via the Anyfit website.

II. Paid content and services

1. However, certain additional functionalities/content and services may be subject to charges. These are marked as chargeable.

2. Payments are made via so-called Inn App Purchases via PayPal/credit card through the respective App Store of your choice or processed in accordance with the payment terms of the respective Trainer/Studio.

3. In the case of transactions subject to payment, you will be expressly informed of the obligation to pay prior to a claim and invoicing. There is no fee without your consent. Unless otherwise stated, prices are inclusive. VAT VAT

III. Contract between User and Studio/Trainer regarding services and content available

1. All offers that can be viewed via the Anyfit website are merely requests for the submission of an offer to conclude a contract by the user. The User submits the offer to conclude a contract with the Studio/Trainer by clicking on the button "Order subject to payment" and the receipt of the order/purchase of the User will be confirmed electronically.

2.The contract between the Studio/Trainer and the User is only effective once the Studio/Trainer electronically confirms the order/purchase of the User. The Studio/Trainer is entitled to refuse the User's order/purchase if the offer is no longer available.

3.The Studio/Trainer's offer published in the Anyfit website is published on behalf of the respective Studio/Trainer, based on the information provided by the Studio/Trainer. Anyfit does not verify the accuracy or completeness of the information and is not responsible for the performance of the contract between Studio/Trainer and the user.

4.Your complaints regarding the offer, order or performance of the contract with the Trainer/Studio must be made to the Trainer/Studio. The sole responsibility for the offer of the trainer/studio and the fulfilment of the agreement lies with the trainer/studio. In the event of such complaints, Anyfit can only play a conciliatory role.

The European Commission provides a platform for online dispute resolution (ODR platform). This platform can be found at http://ec.europa.eu/odr Anyfit expressly excludes alternative dispute resolution in accordance with Directive 2013/11/EU. Anyfit's email address is: info@anyfit.com

C. Obligations of the user

1. Anyfit offers the user the opportunity to evaluate the performance of the trainer/studio and to communicate with other users via the app and leave comments.

2.The posted reviews, comments and own content of the user must not have right-wing radical, racist, sexist, offensive, defamatory, pornographic or otherwise illegal content and also do not otherwise violate the rights of third parties (including industrial property rights). Anyfit can remove reviews/comments/own content of the user if they violate the aforementioned criteria. The user shall indemnify Anyfit from all claims of third parties, including reasonable legal costs, in the event of a violation of the above conditions for posting reviews/comments/own content of the user.

HUNGARY

Introductory paragraphs: The second bullet point in the first section entitled "Conditions of Sale" is supplemented by the following addition:

"These Terms constitute an implied agreement between you and AnyFit unless they satisfy the requirements of written agreements under Hungarian law."

ITALY

Section 7 (IMPORTANT EXCLUSIONS): this section is amended as follows:

The last paragraph of the sub-section 'PHYSICAL ACTIVITY' is deleted in full and replaced by the following paragraph:

"To the extent permitted by applicable law, AnyFit shall not be responsible or liable for any damages resulting from the use or inability to use the features on the Platform, except in the event of fraud or gross negligence on the part of AnyFit."

The subsection "USER INTERACTIONS" is completely deleted and replaced by the following:

We are not responsible for your interactions with other users of the Platform or for any damages you may incur as a result of such interactions, except in the case of fraud or gross negligence on the part of AnyFit.

Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before meeting another person in person, consider whether you are examining, bringing a friend, choosing public places and letting someone know where you will be. AnyFit is under no obligation (but may do so in its sole discretion) to engage in any User Dispute except in the event of fraud or gross negligence by AnyFit."

Section 11 (DISPUTES/ADDITIONAL TERMS AND CONDITIONS): the subsection "Choice of law/JURISDICTION" is deleted in full and replaced by the following text (with the exception of the last point on claims, which remains unchanged):

"Choice of law/jurisdiction

You agree that the Platform, the Terms and any dispute between you and AnyFit shall be governed in all respects by and construed in accordance with the laws of the Netherlands, without regard to the choice of law provisions, and not the United Nations Convention of 1980 on Contracts for the International Sale of Goods/UN Sales Contract Law, subject to the statutory provisions of applicable law, which may apply regardless of any other choice of law.

Except to the extent prohibited and without limiting the legal rights of consumers, you agree that all disputes, claims and legal proceedings arising directly or indirectly out of or in connection with the Platform (including, but not limited to, the purchase of AnyFit products), be decided exclusively in the court of the place where you are resident or resident.'

Poland

Section 11 (DISPUTES/ADDITIONAL TERMS AND CONDITIONS): the subsection "Choice of law/JURISDICTION" is deleted in full and replaced by the following text (with the exception of the last point on claims, which remains unchanged):

"Choice of law/jurisdiction

The Platform, the Terms and any dispute between you and AnyFit shall be governed in all respects by Polish law.

-All disputes, claims and legal proceedings arising directly or indirectly out of or in connection with the Platform (including, but not limited to, the purchase of AnyFit Products) will be settled in the courts of competent jurisdiction under applicable law."

SWITZERLAND

Section 11 (DISPUTES/ADDITIONAL TERMS AND CONDITIONS): the subsection "Choice of law/JURISDICTION" is deleted in full and replaced by the following text (with the exception of the last point on claims, which remains unchanged):

'CHOICE/JURISDICTION

You agree that the Platform, the Terms and any dispute between you and AnyFit shall be governed in all respects by the substantive laws of Switzerland, without regard to international conflict of laws rules and to the exclusion of the United Nations Convention of 1980 on Contracts for the International Sale of Goods/United Nations Convention on Contracts for the International Sale of Goods.

You agree that any dispute arising directly or indirectly out of or in connection with the Platform and these Terms of Use shall be submitted to the exclusive jurisdiction of the competent courts of the City of Zurich, Switzerland."

JAPAN

Section 9 (INJURY/LIMITATION OF LIABILITY): This section is amended as follows:

The subsection 'Limitation of liability' is deleted in its entirety and replaced by the following:

LIMITATION OF LIABILITY. Neither of the AnyFit Parties shall be liable for any special, incidental, indirect or consequential damages, including, without limitation, for lost profits or data arising out of the use or inability to use, the Platform or the performance of the Products, acquired through the PLATFORM OR the conduct of OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENTION AT A AnyFit EVENT OR AnyFit PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, IF AnyFit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. Your sole remedy against any damage caused by your use of the PLATFORM or any Content is to discontinue use of the PLATFORM. IF AnyFit may be liable to you for any damage or loss in any way related to your use of the Plate or any Content, AnyFit's liability shall not exceed USD 100.00 or EUR 100.00 if you live in Europe.

Section 11 (DISPUTES/Additional Terms): This section is amended as follows:

The subsection 'Choice of law/jurisdiction' is deleted in full and replaced by the following:

"Choice of law/jurisdiction

You agree that the Platform, the Terms, the Privacy Policy and any dispute between you and AnyFit shall be governed in all respects by and construed in accordance with Japanese law, without regard to choice of law, and not the United Nations Convention on Contracts for the International Sale of Goods/United Nations Convention on Contracts for the International Sale of Goods.

Except as prohibited by applicable law, and without limiting the legal rights of consumers, you agree that all disputes, claims and legal proceedings arising directly or indirectly out of or in connection with the Platform (including, but not limited to, the purchase of AnyFit Products) shall be individually, individually, and without any form of class action and exclusively in the courts of Tokyo, Japan.

-All claims must be asserted within one (1) year of the claim being made, unless the applicable law requires a longer period.

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