General Terms and Conditions ("Terms and Conditions")
1. Subject matter and scope of these terms and conditions: amendments
- 1.1 The platform Gymmefive ("Platform") is an offer of Azuma Solutions S.r.l., Via Basso Acquar 20, 37135, Verona, Italia ("Azuma Solutions" o "we").
- 1.2 The registration on the platform and its use by users ("users") takes place in accordance with these terms and conditions. The use of individual functionalities of the platform may take place on the basis of supplementary contractual conditions; in this case, we will inform the users separately. Deviating and supplementary provisions of such supplementary terms and conditions shall prevail over the provisions of these GTC.
- 1.3 These GTC and the supplementary terms and conditions for individual services and functionalities are available at any time at https://gymmefive.com/terms.html.
- 1.4 We reserve the right to change these terms and conditions as well as supplementary terms and conditions to a reasonable extent for the user. The latest version of the GTC, as well as the supplementary terms and conditions of the contract, shall apply, provided that the user does not object to the validity of the new regulations within 4 weeks after we have expressly informed him of these and the consequences of his silence.
2. Start and duration of the (framework) user contract and the individual contracts concluded thereunder
- 2.1 Upon completion of the registration process, the user and Azuma Solutions conclude a (framework) user agreement ("framework agreement") on the use of the platform by the user. This authorizes the user to enter certain information available to all users of the platform and to use certain functionalities of the platform, possibly on the basis of supplementary contractual terms.
- 2.2 Upon completion of the registration, the user receives password-protected access to his user account ("user account"), in which he can view and change his user data after logging in to the user area ("user area").
- 2.3 If the user chooses free as well as paid services and functionalities under the validity of supplementary contract conditions, he concludes a single contract ("individual contract") with us.
- 2.3.1 In the case of services provided by other service providers ("service providers") not registered by us, but by other service providers registered on the platform, the services may be linked to the purchase of other necessary services. For example, gyms are offered and made available on the platform, but they include fitness classes, nutritional advice, etc. An exclusive contract is concluded between the user and the service provider. In this context, the platform is a marketplace where service providers offer their own services free of charge or for a fee. The content of the respective contracts is based exclusively on the contractual terms agreed between the user and the respective provider.
- 2.3.2 If the user selects free or paid services and functionalities for the extended presentation and provision of his services (eg fitness courses, memberships, etc.) in accordance with 2.3.1, he concludes an individual contract ("individual contract") with supplementary contract conditions, We do not conclude individual contracts with consumers. The user is solely responsible for the data and information uploaded by him as well as the services offered by him, in particular - but not exclusively - with regard to the observance of the legal provisions, e.g. the rules on distance and e-commerce.
3. User obligations
- 3.1 The user is prohibited from misusing the services and functionality of the platform. Therefore, users are particularly required to
- 3.1.1 to make all information required in the course of the registration correct and complete, in particular - but not exclusively - not to give false identity information;
- 3.1.2 to use the Platform's services and functionalities solely in accordance with applicable national and international laws and regulations, in particular not to infringe upon any third party rights, such as privacy rights, copyrights, trademarks, name and other intellectual property rights of third parties;
- 3.1.3 not to post or link any information containing immoral or disturbing content, in particular - but not limited to - information containing (1) racist, (2) violence and/or war glorifying or trivializing, (3) sexually objectionable or pornographic, (4) Children or young people who are morally endangering or impairing their well-being;
- 3.1.4 check all files (eg logos and other images) uploading them to the platform beforehand with an up-to-date test program for viruses, worms, Trojan horses and similar components affecting the integrity of files and/or computer hardware and software and only upload files that are free of such components.
- 3.2 If users post information and information for third parties (eg employers, gyms, etc.) on the platform, we are entitled at any time to request the user to prove the eligibility to act for these third parties, and the user is obliged to comply with such a request immediately , If the user does not comply with such a demand immediately, we are entitled to block the user access in whole or in part until provision of the corresponding proof; the possibility of termination according to clause 2 above remains unaffected.
4. Posting copyrighted or otherwise proprietary content by the user: exemption of claims of third parties
- 4.1 Insofar as the user uploads and / or terminates copyrighted or otherwise protected contents, in particular - but not exclusively - image files, photos, logos, company marks, trademarks, etc., he simultaneously declares that he is entitled to do so. At the same time, the user grants us the gratuitous, revocable, temporally and spatially unlimited right to use such protected content on the platform within the framework of the services and functionalities for which the user has uploaded/posted it.
- 4.2 The user indemnifies us from all claims by third parties in connection with the use of the content uploaded and / or posted by the User, insofar as we use this content on the Platform within the framework of the services and functionalities for which the User has uploaded / discontinued it to have. This includes the reimbursement of the reasonable costs of a defense against such claims of third parties; the user will support us adequately with the defense.
5. Availability of the platform, elimination of malware, etc.
- 5.1 Insofar as we provide free services and functionalities under the framework agreement and / or the individual contracts, these are not contractually owed unless otherwise provided in an individual contract and may be changed or discontinued at any time without prior notice.
- 5.2 The availability of the paid services and functionality of the platform is at least 99% on average for the year. The calculation of availability does not take into account any maintenance that may cause the platform or some services and functionalities to be unavailable at this time or limited in availability. We also do not take into account any availability restrictions that may be outside our area of responsibility.
- 5.3 We may not allow data and user input that we believe to contain computer viruses or similar content to be stored and accessed on the Platform. If possible, we will inform the affected users immediately upon the discovery of such data. Should such data compromise the integrity and/or usability of the Platform's services and functionality, we may also delete such data without prior notice to prevent (further) damage.
- 6.1 We are fully liable for damages resulting from culpable injury to life, body or health.
- 6.2 We are liable for other damages only if the damages are based on intent or gross negligence on the part of our legal representatives, employees or vicarious agents. In addition, we are liable for slight negligence in the context of paid services and functionalities only if essential contractual obligations ("cardinal obligations") are violated. Cardinal duties are those duties whose fulfillment only makes the proper execution of the contract possible and on whose fulfillment the user may regularly rely. In the case of non-intentional damage, the liability for damages according to this paragraph shall, in any case, be limited to the foreseeable damage typically occurring in such contracts.
- 6.3 We are not liable for the data and information uploaded to the platform by users or other third parties, neither in terms of their completeness, accuracy or timeliness nor that they are free of third party rights or the user or third parties lawful act by uploading or posting data to the platform.
- 6.4 Compulsory statutory provisions such as the Product Liability Act remain unaffected by the limitations of liability of the preceding paragraphs.
We use the e-mail address provided by users during the registration process for the purpose of advertising the services and functionality of the platform as well as promoting our fitness-related events. Users may object to the processing and use for the purpose of advertising at any time with effect for the future. In the event of a disagreement, we will no longer process and use the specified e-mail address for the purpose of advertising. The objection can be made in text form (for example e-mail, letter, fax) to the contact addresses specified in the imprint of the platform.
8. No participation in a dispute resolution procedure
Azuma Solutions does not participate in a dispute settlement procedure before a consumer arbitration board..
9. Right of withdrawal
- 9.1 Consumers have a legal right of withdrawal when registering on the platform.
- 10.1 This contract and the individual contracts concluded hereunder are subject to the law of the Republic of Italy to the exclusion of its conflict of laws rules and to the exclusion of the UN sales law. The place of jurisdiction for all legal disputes arising from the framework contract and any individual contract concluded thereunder as well as arising from the emergence and the effectiveness is the registered office of Fitogram. However, Fitogram is entitled to also call the courts competent for the place of business of the user.
- 10.2 Contract language: italian
- 10.3 Insofar as one or more of the aforementioned clauses are or become invalid over time, the remaining clauses remain unaffected.
- 10.4 The user may assign rights and obligations under the framework agreement and the individual contracts concluded hereunder only with our prior express consent.
- 10.5 The user can only set off against claims of Fitogram with undisputed or legally established claims.
Supplementary contractual conditions of Azuma Solutions S.r.l. for management software with Gymmefive
1. Subject matter and scope of this EVB
- 1.1 The platform Gymmefive ("Platform") is an offer of Azuma Solutions S.r.l., Via Basso Acquar 20, 37135, Verona, Italia ("Azuma Solutions" o "we"). The use of the platform is subject to the terms and conditions of AzumaSolutions ("Terms").
- 1.2 On the platform, providers of fitness and wellness offers ("users") are presented in company portraits ("company portraits"). The information that we provide there is the subject of separate terms and conditions. The subject of this EVB is the additional use of Gymmefive cloud-based services (software as a service) for the management of fitness and wellness offers ("software management") by the user.
- 1.3 The software management is provided exclusively for the purposes of the commercial or independent professional activity of the user.
- 1.4 The terms and conditions continue to apply with regard to the use of software management. In the event of an inconsistency between the terms and conditions and this EVB, the latter, however, proceed.
2. Our services
- 2.1 Software Management adds numerous new features to our platform, which are available at https://gymmefive.com/terms.html. We may make changes to the software management at any time, except as a result of impairment or removal of those functionalities that we have identified as essential features when the User booked the software management.
- 2.2 Insofar as the integration of individual functions into the user's own homepage is one of the essential features of software management, the latter is responsible for creating the technical prerequisites for such integration. Insofar as the essential features of software management include the integration of individual functions into its corporate pages in social networks (such as Facebook), the possibility of integration depends largely on whether and to what extent the respective applicable terms and conditions of the corresponding social network or its technical specifications and settings enable appropriate integration and whether the necessary interface parameters are made available. The user also understands that policies, terms and conditions and similar social networks are subject to constant change, so that maintenance of such functions, which are affected by the policies, terms and conditions and similar social networks, is not owed by Azuma Solutions.
- 2.3 Provision of software management is a service. Copyright rights are not granted to the user; If these are nevertheless required for the use of the software management, Azuma Solutions only admits them to the extent necessary for the contractual use. With regard to the posting of copyrighted or otherwise protected content by the user and the release of third-party claims, reference is expressly made to clause 4 of the GTC.
- 2.4 Azuma Solutions owes the availability of the software management according to clause 6.2 of the Terms and Conditions. Availability refers to the ability of the user to log in successfully in the software management and to use the provided functions. The calculation of availability excludes periods when logging into the software management is not possible due to force majeure or according to the following paragraphs 2.5 to 2.7. In the event of an unscheduled disruption of availability, Azuma Solutions will endeavor to restore availability as soon as possible.
- 2.5 Azuma Solutions may restrict access to software management if the security of the software management or stored data (such as the user, other users and Azuma Solutions) so requires.
- 2.6 Scheduled maintenance work, which has been notified to the user in advance with a notice period of at least three (3) calendar days, as well as delays due to delays in the filtering for which the user is responsible, are not included in the calculation of the availability.
- 2.7 We provide our services at the point of connection of the data center used by us for the operation of the software management to the Internet. The user is solely responsible for the access equipment required for the use of the software management (for example PC, tablet, smartphone, etc.), which can be found at FAQ page. meet the minimum requirements. If these minimum requirements are not met, appropriate interruptions of availability are not included in the calculation of availability.
- 2.8 The user is responsible for setting up the software management (individual settings, input/import of data, implementation of plug-ins), unless it has been expressly agreed that appropriate support and furnishing services are provided by us.
- 2.9 We provide the user with free e-mail support to assist with technical problems when using the software management. This support does not include: General advice or training on marketing, legal advice, or set-up work (see paragraph 2.8 above). Technical support to the homepage of the user is provided in the context of support only as far as the involvement of the software management is directly affected in the homepage of the user.
- 2.10 If the package selected by the user includes the provision of software management and the service and support provided in clause 2.9 above, or if the user books paid services or services in the course of using the software management, these will be charged according to the package or service - / Description of functions provided.
- 2.11 If we offer third-party payment options (such as PayPal) or a collection via us for the settlement of payments by the user's customers, these shall be accepted in accordance with the terms and conditions applicable to them and accepted by the user when activating the corresponding payment options in the software management, provided. The user is aware that we have no influence on the terms and conditions of payment offered by third parties and the possibility of use depends on whether this is made possible by the respective provider; if necessary, a separate agreement between the user and the respective provider of payment options is required. Unless otherwise agreed, we are not obligated to offer certain payment options within the framework of software management.
3. Additional terms and conditions for your own app
- 3.1 These Additional Terms (the "Additional Terms"), together with the terms and conditions between the User and Azuma Solutions, govern the use of the App and related services by the User.
- 3.2 App Store & Google Play Store General Notes: the user acknowledges and agrees that the use and availability of the apps will depend on the third party from whom you have obtained the Apps license or who manages certain activities related to the apps, e.g. the Apple App Store, Google Play, or a similar source ("App Store"). User acknowledges that these Additional Terms and the Azuma Solutions Terms and Conditions apply between the user and Azuma Solutions and not the App Store..
- 3.3 App Store Administration and Access Permissions. In conjunction with its own app (and other applicable apps), the App Store may (a) impose certain requirements or fees and / or (b) require the user to author Azuma Solutions to perform certain activities to give the user access to or facilitate the use of the apps or the provision of certain services by Azuma Solutions for the user. These third-party App Store requirements and fees may change over time and are beyond the control of Azuma Solutions.
- 1. (i) meet these then applicable App Store requirements,
- 2. (ii) pay these fees to the App Store each year,
- 3.4 The right to terminate or discontinue services. We may suspend or terminate access to and/or use of the user's (or any part of it's) apps at any time and without notice if we believe that (a) any activity or use of the apps in conjunction with the user's account the intellectual property rights of Azuma Solutions or a third party violates or otherwise violates any applicable law, (b) that we have a legal obligation, or (c) the user has not met the requirements of the App Store or Azuma Solutions does not grant sufficient rights with the App Store has for Azuma Solutions to provide the services. Unless prohibited by law, we will use commercially reasonable efforts to promptly notify you of any suspension or termination of User's access and/or use of the App..
4. Booking the software management by the user: notice periods
- 4.1 The booking of the studio management by the user takes place by selecting the appropriate package in a cooperation agreement with us and is effective if we either expressly confirm the conclusion of the individual contract or provide the user with the package booked functionalities according to paragraph 2. We expressly reserve the right to conclude the individual contract. It is expressly stated in section 3.2 of our terms and conditions. The booking of a package with a larger scope of service (upgrade) is possible at any time.
- 4.2 The individual contract for the use of software management is concluded as a subscription contract with the initial term specified in the cooperation agreement. The contract is automatically renewed for the period specified in the cooperation agreement unless one party terminates the individual contract for the package with four weeks' notice at the end of the individual contract in text form (eg e-mail, letter, fax).
5. Terms of payment: prices
- 5.1 The prices and billing periods specified for the package chosen by the user application. Unless otherwise stated, these are net prices plus VAT.
- 5.2 The fees for the provision of the studio management are to be paid in advance for the respective billing period or the individual package. Unless an annual form of payment has been expressly agreed (in this case, twelve months count as the billing period), the month is the billing period, whereby the decisive date is the date of commencement of the contract.
- 5.3 If Azuma Solutions provides separately remunerated service and support services in accordance with section 2.10 above or if remuneration is agreed for the use of payment options within the meaning of clause 2.11 or for other fee-based functions used in the studio management, Azuma Solutions shall unless expressly agreed otherwise, agree otherwise. invoiced monthly in arrears for the expired calendar month.
6. Data usage and data access
- 6.1 The user expressly agrees that Azuma Solutions has the right to use aggregated or statistical usage data (such as the number of registered customers, monthly transactions, etc.) for the purposes of evaluation, studies, market analysis and marketing, provided the relevant data does not contain personal data of Represent customers and other third parties in the data protection law sense.
- 6.2 In the context of support services, in particular with regard to error messages communicated by the user, it may possibly be possible for the Azuma Solutions support staff to gain knowledge of the personal data of the end customers stored there. In order to ensure this knowledge, the user must inform his respective customers about the purpose and scope of the data processing and, if necessary, obtain consent to the processing of the data. Azuma Solutions will restrict access to personal information to what is strictly necessary to provide the relevant support service.
7. Data backup and data output when the contract is terminated by Azuma Solutions
- 7.1 The user is obliged to perform regular data backup with the help of the export function provided in the studio management. Due to the fact that payments are made by the user via the software management, such data backup must be done once a day. For loss of data resulting from the failure of the user to comply with this obligation, Azuma Solutions is not responsible.
- 7.2 The user may at any time request from Azuma Solitions the publication of the data stored within the scope of the use of the studio management.