General Terms and Conditions the weeks App

GENERAL TERMS AND CONDITIONS OF BUSINESS

1 Introduction

With the product the weeks - the postpartum app (hereinafter: "the weeks app"), out loud UG (limited liability) pursues the vision of supporting women before and after birth on the subject of postpartum care. The following general terms and conditions set out the legal framework for the use of the weeks app and the services we offer. Please read these general terms and conditions carefully.

2. Scope

a. Contracting party and subject matter of the contract

These general terms and conditions form the basis for the user agreement concluded between you and us, out loud UG (limited liability), Bismarckstein 1, 22587 Hamburg, Germany (hereinafter referred to as "us" or "we"). The subject of this agreement is the free and paid use of the mobile app offered by us under the name the weeks app.

b. Prerequisites for participation

The prerequisite for opening a user account and using the weeks app is that you are at least 18 years old and have full legal capacity.

The weeks app is aimed exclusively at consumers. According to the legal definition, a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. The use of the weeks app for commercial or other commercial purposes is expressly prohibited.

c. Additional terms and conditions

We reserve the right to agree on additional terms and conditions for individual services of the weeks app. We will inform you of these in good time before use.

3. the weeks app services and prices

a. Paid and unpaid services

The scope of the services included and usable in the weeks app depends on whether and which services of the weeks app are used free of charge or for a fee. If you use the app free of charge, you only have access to certain basic functions and information, such as parts of the postpartum tutorial and the Daily Bits after the birth. An expanded range of functions is available if certain content is separately activated for the weeks app for a one-off payment.

Please note that in order to fully use some of the services of the weeks app, equipment or training aids (such as yoga mats, towels, wooden blocks) are required. These are not part of the services of the weeks app and may need to be purchased or provided separately and at your own expense.

In the case of nutritional advice, please note that the foods recommended as part of the advice are not part of the services of the weeks app and must be purchased separately and at your own expense.

b. Prices

The current price and subscription models and the services available at that time can be viewed at any time in the weeks app. All prices quoted include the applicable sales tax.

4. Your health

a. Health requirements

The use of the weeks app services is at your own risk.

In any case, a good general state of health is a prerequisite for using the services of the weeks app. If you are aware of any pre-existing medical conditions, we strongly recommend that you seek medical advice before you start using the services of the weeks app (e.g. exercise or nutritional advice). This applies in particular if you are aware of one or more of the following illnesses/conditions/interventions: (i) heart/circulatory diseases, (ii) lung or respiratory diseases (including asthma), (iii) spinal and/or joint problems, (iv) neuromuscular diseases, (v) surgical interventions, (vi) mental illnesses, (viI) other health restrictions.

For services in the weeks app that contain tips on nutrition, you are also responsible for checking whether the ingredients or components contained in the recommended foods could cause intolerances or allergies in you before consuming them.

All users should also note that the training and plans we offer may only be carried out with the consent of your doctor.

The general rule is: Pay attention to the signals your body is sending you. If you have any doubts about your health before using the weeks app for the first time or while using it (e.g. because you are experiencing significant pain, general malaise, shortness of breath, nausea or dizziness), consult your doctor before starting or continuing to use the weeks app.

b. No substitute for medical advice

The services and information offered as part of the weeks app do not constitute medical or physician advice. Under no circumstances do they constitute a substitute for a medical examination or treatment or consultation and treatment by a midwife.

c. Training/nutrition methods

Fitness and/or nutritional advice is subject to constantly evolving health, nutritional and sports science findings. Even if we base our training and nutritional tips on current studies and findings, we do not guarantee that they correspond to the most recent research results or findings.

5. User account

To use the weeks app, you must first register. You can open a user account directly in the app. As part of the registration process, we will ask you to accept these General Terms and Conditions and the Privacy Policy.

6. Conclusion of contract for one-off additional services or subscriptions

You can purchase individual additional services either by paying a one-time amount or as part of a subscription.

If you purchase the additional service via your mobile app, the contract is concluded when you click on the “Buy now” field or a similar field as part of an in-app purchase and, if necessary, enter the password for the respective app store.

If you purchase the additional service via the website www.theweeks.de, the contract is concluded when you accept the general terms and conditions applicable there and click on the "Buy now" field or a comparable field.

7. Duration

a. User Agreement

The user agreement concluded between you and us when opening a user account is valid for an indefinite period.

b. One-off additional services

One-time additional services are available for an indefinite period of time.

c. Subscriptions

Our subscriptions are offered with different minimum terms and are automatically renewed for the period of the selected minimum term until terminated by you or us.

8. Terms of payment

a. Collection of fees

When purchasing additional services by paying a one-time amount, the fees will be collected upon conclusion of the contract.

When you purchase a subscription, the fee is collected in advance for the respective minimum term at the time the contract is concluded. If the subscription is automatically renewed, the fee is collected in advance at the beginning of the respective renewal period.

b. Delay

We reserve the right to assert further claims due to late payment.

9. Means of payment

If you purchase paid content from the weeks app via the website www.theweeks.de, the purchase price can be paid using the payment options offered on the website.

If you purchase paid content from the weeks app via in-app purchases, the respective app store provider will invoice you. Please contact this provider to find out which payment methods are available.

If we incur costs and/or expenses when a payment is declined and this is your fault (e.g. because the account is not covered or the credit card limit has already been reached), we are entitled to invoice you for the actual costs and/or expenses incurred.

If there is a legitimate reason, we reserve the right not to offer certain payment methods for each purchase and to refer you to other payment methods.

10. Right of withdrawal

a. Cancellation policy

If you conclude a user agreement with us or a contract for a one-time additional service or a subscription, you are entitled to the following right of withdrawal.

You have the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date of conclusion of the contract.

To exercise the right of withdrawal, you must:

out loud UG (limited liability)
Bismarck Stone 1
22587 Hamburg
support@theweeks.de

by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from the contract. You can send your withdrawal by post to:

out loud UG (limited liability)
Bismarck Stone 1
22587 Hamburg

or by email to:

support@theweeks.de

and thus cancel the contract within the statutory cancellation period.

If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by email). To meet the cancellation deadline, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

b. Consequences of revocation

If you cancel the contract, we will refund all payments that we have received from you promptly and at the latest within fourteen days from the day on which we received notification of the cancellation of the contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; under no circumstances will you be charged any fees for this refund.

If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

c. Expiry of the right of withdrawal

We would like to point out that the right of withdrawal in the case of a contract for the provision of services pursuant to Section 356 Paragraph 4 Sentence 1 of the German Civil Code (BGB) also expires if the entrepreneur has fully provided the service and has only started to perform the service after the consumer has given his express consent and at the same time confirmed his knowledge that he will lose his right of withdrawal if the entrepreneur fully fulfills the contract.

11. Liability for defects

a. Legal provisions

The statutory provisions apply to claims based on defective services. Your rights as a consumer remain unaffected in any case.

b. No warranty

We make no representations or guarantees that the training or other results you desire will be achieved by using the respective services of the weeks app. We are not responsible for any specific success. In addition, the training result is also influenced by uncontrollable factors, such as physical predispositions and preconditions, so that the result can vary greatly for different people despite the same use of the weeks app.

12. Liability

a. General

If instructions (e.g. for certain exercises and recipes) are made available to you as part of the weeks app, you must strictly follow these instructions, otherwise there may be a risk of injury and/or health problems.

If you use aids or equipment for the exercises and training, it is your responsibility to ensure that these aids and/or equipment are functioning properly and have been installed or set up correctly.

You are obliged to observe our health instructions in section 4.

b. Liability for services provided free of charge

In the case of services provided free of charge, we are liable, regardless of the legal basis, exclusively for damages caused by intent and gross negligence or the absence of a guaranteed characteristic. In the case of intent, our liability is generally unlimited. In the case of gross negligence and the absence of a guaranteed characteristic, our liability is limited to the typical, foreseeable damage. Otherwise, our liability is excluded.

c. Liability for services provided against payment

In the case of services provided against payment, we are liable, regardless of the legal basis, without limitation for damages due to intent and gross negligence or the lack of a guaranteed property.

If we breach a material contractual obligation through slight negligence, our liability is limited to the typical, foreseeable damage. A material contractual obligation is any obligation that is necessary for the fulfilment of contractual purposes and on whose fulfilment you as a consumer can or could have relied.

Our liability in the event of injury to life, body or health caused by us remains unaffected by the aforementioned limitations.

Otherwise, our liability is excluded.

d. Product liability

Claims under the Product Liability Act remain unaffected by the aforementioned exclusions or limitations of liability.

13. Rights of use of the weeks content

The services we offer contain, depending on which services you are authorized to use or which you have purchased, content that is protected by copyright or other laws and to which we hold the corresponding rights. We grant you a simple and non-transferable right to use this content in a non-commercial manner within the framework of the contractual provisions. For the sake of clarity, we would like to point out that you are not permitted to distribute or make our content publicly available, e.g. on websites outside of the weeks websites. The right to use expires if you are no longer authorized to use the respective service (e.g. after canceling your subscription) or when the user relationship ends.

14. Termination of contract

a. User Agreement

You have the right to delete your user account at any time and without giving reasons, and thus also to terminate the user agreement. To do this, you only need to make the necessary settings in your profile. Please note that after deleting your user account, all content you have uploaded will be or could be deleted by us and you may no longer have access to content you have already purchased.

We are entitled to terminate the user agreement without giving reasons with a notice period of two (2) weeks in text form, but at the earliest at the end of the minimum term or the respective extension period of your subscription and/or at the end of the term of a one-time paid additional service.

b. Subscription

You can cancel your subscription at any time without giving reasons, effective at the end of the minimum term or at the end of the respective extension period. Alternatively, you can also cancel your subscription by email to support@theweeks.de or by post. Your user account and other subscriptions, subject to further cancellation, will remain valid.

We are entitled to terminate any subscription at the end of the minimum term or at the end of the respective extension period with a notice period of two (2) weeks in text form.

c. Termination for good cause

The right to terminate for good cause remains unaffected for both parties. In particular, we are entitled to terminate the user agreement or your subscription with immediate effect and to delete your user account if you seriously or repeatedly violate the provisions of the user agreement and/or these General Terms and Conditions or are in arrears with your payment obligations despite a reminder.

15. Personal data

We process personal data in accordance with our data protection regulations, the latest version of which is available at https://www.theweeks.de/pages/datenschutzerklarung-the-weeks-app. The data protection regulations specifically regulate and explain the extent to which your personal data is processed.

16. Changes to the General Terms and Conditions

We reserve the right to change and adapt these General Terms and Conditions with effect for the future. We will notify you of the changes by email at least two (2) weeks before the new version of the General Terms and Conditions is scheduled to come into effect. If you do not object to the validity of the new General Terms and Conditions within this period and continue to use the weeks app, the new General Terms and Conditions will be deemed accepted. In the event of an objection, we expressly reserve our ordinary right of termination. We will also separately inform you of your right of objection, the deadline for doing so and the legal consequences of your silence or objection.

17. Final provisions

a. Applicable law

German law applies exclusively between the parties, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's place of residence may also apply if it concerns mandatory consumer law provisions.

b. Jurisdiction

If you do not have a general place of jurisdiction in Germany or in another EU member state, or if you have moved your permanent residence to a country outside the EU after these General Terms and Conditions have taken effect, or if your place of residence or habitual abode is not known at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.

c. Contract language

The contract language is German.

18. Severability Clause

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

19. Provider information

out loud UG (limited liability)
Bismarck Stone 1
22587 Hamburg

represented by the Managing Director Dr. Lea-Sophie Borgmann,

registered in the commercial register of the district court of Hamburg

Commercial register number HRB 175541

Person responsible for content according to § 10 paragraph 3 MDStV: out loud UG (limited liability) (address as above)

20. Inspection of the contract text

These general terms and conditions can be viewed at https://theweeks.de/agb-app .

STATUS: AUGUST 2023