General Terms and Conditions
§ 1 Scope of application
(1) These General Terms and Conditions of YAZIO GmbH, Kartäuserstr. 3a, 99084 Erfurt, govern the use of YAZIO services on the YAZIO website yazio.com (hereinafter, the “Website”) and mobile application (hereinafter, the “App” or the “YAZIO App”). They apply regardless of whether the App is used free of charge or for a fee.
(2) Only the following General Terms and Conditions apply between YAZIO GmbH (hereinafter, also the “Provider” or “YAZIO”) and the user of YAZIO services (hereinafter, the “User”) as amended at the time of use. Deviating terms and conditions of the User shall not be recognized, unless the Provider expressly agrees to their validity.
§ 2 Definition of terms
(1) YAZIO offers its Users a program that is tailored to the topics of weight loss, weight gain, muscle building and healthy nutrition, and through the YAZIO App and on yazio.com, it offers a number of ways for Users to become familiar with these topics (hereinafter, also the “Services”).
(2) The terms “Consumer” and “Entrepreneur” correspond to the legal definitions in Sections 13 and 14 of the German Civil Code (BGB). Thus, the User is herein the “Consumer,” insofar as the use or purchase of the YAZIO App cannot be assigned primarily to the User’s commercial or self-employed professional activity. In contrast, “Entrepreneur” refers to any natural or legal person or partnership with legal capacity that acts in exercise of its trade, business, or profession when using the YAZIO App or entering into the contract.
(3) “Distribution Platform” refers to the shops (stores) of platform operators, such as Google (“Google Play”) and Apple (“App Store”), where the User can select and download the YAZIO App to be installed on the User’s device.
§ 3 Use of the YAZIO Services
(1) The YAZIO Services can be used free of charge or for a fee. This also applies, in particular, to use of the Services via the YAZIO App. The App is always free of charge when installed through a Distribution Platform. Use for a fee always requires special, express consent by the User in the App (see below § 5 and § 6).
(2) As a general rule, the YAZIO App can be installed and operated on all YAZIO-supported platforms and end devices, including mobile phones, smartwatches, tablets, and other mobile devices.
(3) By using the Website or installing the App, the User accepts these General Terms and Conditions. If the User downloaded the App from a third-party Distribution Platform and accesses YAZIO Services through the App, then the respective terms and conditions of business and/or use of the Distribution Platform apply in addition. Where conflicts arise as a result of this, these General Terms and Conditions take precedence.
(4) The User confirms that his or her information is true, accurate, current, and complete. Regular updates of personal information are required.
(5) The User is obliged to protect his or her account from unauthorized account access and misuse. Suspicious activity and possible violations are to be reported to the Provider immediately. Any possible reimbursement of unauthorized payments will be made only after successful reporting of the misuse.
(6) If the Provider detects abusive conduct of a User, the Provider is entitled to close the respective account.
(7) You must be at least 16 years of age to use our App, unless a parent or legal guardian has consented to the installation and subsequent use of our App in accordance with the applicable law. Should YAZIO learn that personal data of a minor younger than the minimum age was collected without parental consent, the Provider will take the necessary steps to delete these data without delay.
§ 4 Health notice for YAZIO Services
(1) The Provider is not a medical organization, and its recommendations do not constitute medical advice. Due to possible unintended weight loss associated with the use of the YAZIO Services, the User is advised to consult a doctor in individual cases before using the YAZIO Services to discuss individual recommendations made by the Provider. This especially applies to users who are already receiving medical treatment or are taking prescription medication to treat a clinically diagnosed condition. The Provider recommends using the YAZIO Services under a doctor’s supervision and that regular medical check-ups be performed. The Provider accepts no responsibility for the actions of the User. None of the content is intended to supplement or replace information provided by a doctor or pharmacist. By agreeing to these General Terms and Conditions, the User confirms that he or she is solely responsible for his or her health.
(2) The Provider recommends that the User maintains his or her weight in accordance with the guidelines for healthy weight specified by the World Health Organization (WHO), which corresponds to a body mass index (BMI) between 18.5 to 25. The BMI can be calculated using the following formula: body weight (in kg) divided by height (in m) squared.
§ 5 Setting up a user account
(1) The YAZIO App can be operated with or without a personalized user account. If a personalized user account is created, the User is required to enter his or her e-mail address and choose a password. The User can convert his or her existing anonymous account into a personal user account at any time by linking his or her e-mail address with the user account.
(2) To use the YAZIO App with the Apple Watch, the only requirement is the creation of a user account via “Sign in with Apple,” even if the Apple Watch is not paired with the User’s iPhone.
(3) The YAZIO App can also be used by linking it with the User’s profile at platform operator, e.g. by creating a YAZIO user account via “Sign in with Google”.
§ 6 Term and cancellation of free Services
If YAZIO Services are used free of charge, the contract of use may be canceled by either YAZIO or the User with 14 days’ notice sent to help@yazio.com or the User’s e-mail address on file, respectively. In addition, the User has the ability to delete the account in the App settings.
§ 7 Term, term renewal and cancellation of fee-based Services
(1) YAZIO offers Users subscriptions with various fixed terms and a usage fee specific for each term, which is payable in advance in order to be able to use all Services without limitation (hereinafter, also “YAZIO PRO” or “PRO Functions”).
(2) If the User wishes to use the functionality of the paid version of the YAZIO App, the User can purchase the PRO functions via the YAZIO Website as well as upgrade the app using an “in-app purchase” via a Distribution Platform.
(a) To purchase the PRO functions via the Provider’s Website, the User must log in with his or her e-mail address and password or reregister. In his or her user account, the User can view and purchase different subscription options on the corresponding product page.
(b) If the User carries out the upgrade via a Distribution Platform, the specific procedure shall be governed by the respective platform operator. The purchase agreement shall take place according to the terms and conditions of the respective Distribution Platform. These terms and conditions also determine whether the purchase agreement is to be made between the User and the Distribution Platform or between the User and the Provider.
(3) Where the subscription is purchased on the Website or through a Distribution Platform, e.g. the Google Play Store or the App Store, YAZIO may temporarily offer Users the option to use the chosen subscription free of charge for a YAZIO-specified period of time (trial subscription). The trial subscription begins on the date on which the purchase process is concluded. The User will be notified of the testing phase when signing up for the trial subscription. A fee will not be charged during the testing phase, but YAZIO may require the User to provide his or her payment details at the start of the trial subscription. If the User does not cancel the trial subscription during the period of the testing phase specified by YAZIO, the trial subscription automatically converts to a fee-based, limited-time subscription. The User will be notified of this and must provide his or her consent. The User will automatically be charged the relevant usage fee for the subscription after the last day of the YAZIO-specified testing phase. The PRO Functions will be automatically activated for the User after the purchase is completed. YAZIO may at any time change the scope of the Services for the trial subscription or discontinue offering a trial subscription.
(4) The limited-time subscription runs for at least the term originally chosen by the User, plus any preceding trial subscription period specified by YAZIO.
(5) The User may cancel the subscription at any time, effective at the end of the chosen term. If it is not canceled, the subscription renews for an unlimited period of time at the purchase conditions of the initial subscription and may be canceled by YAZIO or the User at any time with one month’s notice, effective at the end of the month. If the User paid in advance, differential amounts will be refunded.
(6) If the subscription was purchased at yazio.com, notice of cancellation is to be sent using the cancellation button found in the footer, in the App or by e-mail to help@yazio.com. If the Provider cancels, the User is to be canceled using the e-mail address on file. If the subscription was purchased through a Distribution Platform, it can be canceled in the manner described in the respective app store under subscription management.
(7) The right to cancel without notice for cause remains unaffected. Cause for YAZIO exists, in particular, where the User violates applicable law or material contractual duties. In addition, the arrangements in § 10 remain unaffected.
(8) If the User dies, his or her heirs are entitled to cancel the subscription in accordance with subsections 5 to 7.
§ 8 Payment of the usage fee
(1) After purchasing the YAZIO PRO functions via the YAZIO Website, the User will receive an invoice for the outstanding usage fee, unless another method of payment has been agreed upon. If the User opts for a limited-time subscription with a possible prior testing phase specified by YAZIO and communicated to the User (trial subscription), the usage fee for the subscription first becomes due after the last day of the testing phase. After the testing phase, the usage fee for the respective subscription period becomes due immediately and is payable by the User in advance. If the limited-time subscription is not preceded by a testing phase, the usage fee for the respective subscription period is due immediately and is payable immediately after completion of the purchase.
(2) The User is obliged to pay all costs incurred if an outstanding payment cannot be collected from a bank account specified by the User. If payments that were made are charged back, or if the User does not pay fees, YAZIO is entitled to block all Services or access to individual ones.
(3) In-app purchases are billed via the respective Distribution Platform. The terms of payment specified by the respective platform operator shall apply.
§ 9 Changes to the usage fee
The Provider reserves the right to change the usage fee for the subscription options. Price changes will only become effective when valid after the end of the subscription period or when the subscription renewal is due for payment. In the event of upcoming price increases, the Provider shall notify the User at least 30 days before the planned change of the usage fee. If the notification of the price increase is made less than 30 days in advance, the change shall take effect only after the next payment date.
§ 10 Changes, interruptions, discontinuation of YAZIO Services
(1) The Provider is free to change its Services at any time and when doing so to, e.g., change, interrupt or discontinue the free services of the YAZIO App at any time, temporarily or permanently, and in whole or in part. This also applies to the offer of limited-time subscriptions.
(2) The Provider shall inform the User at least 30 days before planned changes, interruptions, or discontinuation of fee-based services. The Provider will publish the updated usage fees.
(3) The User has the right to cancel his or her subscription without notice if the change, interruption, or discontinuation of the service causes unreasonable disadvantage to the User or the contractual balance between the parties is otherwise significantly disturbed. If the User exercises his or her right to cancellation, he or she may be entitled to a pro rata refund for the unused portion of the cancelled subscription. The Provider is solely responsible for any refunds granted under these terms.
(4) The subscription with the respective booked term ends if the Provider or the corresponding Distribution Platform used by the Provider ceases provision of services or business operations.
(5) The present General Terms and Conditions also apply to changed services.
§ 11 Warranty for defects of quality, guarantee
(1) Insofar as the purchase agreement between the Provider and the User has been concluded, the Provider is liable for defects in the app in line with the applicable statutory provisions, particularly pursuant to the general provisions of Sections 434 et. seqq. of the German Civil Code (BGB). The warranty period for the app made available to Entrepreneurs by the Provider is twelve months.
(2) The Provider will make an effort to enable consistently complete and error-free availability of the YAZIO App but does not guarantee this.
§ 12 Liability
(1) User claims to compensation for damages are excluded. This does not include a User’s claims to compensation for damages for injury to life, limb, or health; damages caused by breach of material contractual obligations; or liability for other damages caused by a deliberate or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents. Material contractual obligations are those obligations that are required to achieve the objective of the contract.
(2) If material contractual obligations are violated, the Provider is only liable for the typical foreseeable damage if such damage was caused by ordinary negligence, unless the User’s claim for compensation for damages is based on an injury to life, limb, or health.
(3) The limitations of subsections (1) and (2) shall also apply in favor of the Provider’s legal representatives or vicarious agents if claims are asserted directly against such persons.
§ 13 Instructions on right of withdrawal
(1) If the contract is entered into with YAZIO (and not the platform operator), the User, where he or she is a consumer, has a statutory right of withdrawal against the Provider, as explained in detail below.
(2) Instructions on right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without reason. The period for the right of withdrawal amounts to fourteen days from the day the contract is entered into. In order to exercise your right of withdrawal, you must inform us (YAZIO GmbH, Kartäuserstr. 13a, 99084 Erfurt, help@yazio.com) in a clear statement of your decision to withdraw from this contract (e.g., by sending a letter by mail or e-mail). You may use the enclosed sample withdrawal form, but this is not mandatory. The withdrawal deadline is deemed met if the letter stating your decision to use your right of withdrawal is dispatched before the withdrawal deadline expires.
Consequences of the notice of withdrawal
If you withdraw from this contract, we must return any and all payments that we have received from you without undue delay and, at the latest, within fourteen days from the day on which we received your letter stating your withdrawal. We use the same means of payment for this repayment as you used for the original transaction, unless we have explicitly agreed something else; under no circumstances will we charge you a fee for this repayment.
(3) Sample withdrawal form
(If you wish to withdraw from the contract, please fill in this form and send it back to us).
— To: help@yazio.com
OR
— To: YAZIO GmbH, Kartäuserstr. 13a, 99084 Erfurt, Germany
— I/we (*) hereby withdraw from the contract I/we (*) entered into concerning the purchase of the following goods (*)/the performance of the following service (*)
— Ordered on (*)/received on (*)
— Name of Consumer(s)
— Address of Consumer(s)
— E-mail address or specification of User ID of the Consumer(s) used for YAZIO registration
— Signature of Consumer(s) (only if notification is made in writing)
— Date
(*) Delete as applicable
§ 14 EU Online Dispute Resolution
The European Commission has made available a platform for online dispute resolution (ODR) (Art. 14, Para. 1 of the ODR Regulation and § 36 of the German Consumers’ Dispute Settlement Act (VSBG)). The platform serves as a point of contact for out-of-court dispute settlements regarding contractual obligations from sales contracts concluded online. You can find the platform under the following link: ec.europa.eu/consumers/odr
§ 15 Final provisions
(1) Contracts entered into between the User and the Provider are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions limiting the choice of law and the application of mandatory provisions, especially of the state where the User as the consumer has his or her habitual abode, remain unaffected.
(2) If the User is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes under the contractual relationships between the User and the Provider shall be the registered office of the Provider.
(3) If individual items are legally invalid, the remainder of the contract shall remain valid. Whenever such provisions exist, the statutory provisions shall replace the invalid provisions. If this would constitute undue hardship for one of the contracting parties, the entire contract shall be deemed invalid.
(4) YAZIO’s General Terms and Conditions are available to Users in various languages. The German-language version is the original source for these General Terms and Conditions and, in the case of disputes, misunderstandings, or inconsistencies, is the authoritative version and shall take precedence over all translated versions.
LEGAL NOTICE
Help
App Help service: https://help.yazio.com
We make YAZIO
YAZIO GmbH
Kartäuserstr. 13a
99084 Erfurt
Germany
Registered in the commercial register
Gesellschaft mit beschränkter Haftung (GmbH; German limited liability company)
Commercial register at the Local Court of Jena
Commercial register number: HRB 507453
Represented by its managing directors
Florian Weißenstein, Sebastian Weber
VAT ID pursuant to Section 27a UStG (German VAT law): DE282484511
The following persons are responsible for the content pursuant to Section 55 (2) RStV (German Broadcasting Interstate Treaty): Florian Weißenstein, Sebastian Weber