TERMS AND CONDITIONS
Last updated: September 10, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Blaze website
and the Blaze
mobile application (the "Service") operated by us.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These
Terms apply to
all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the
Terms then you may not
access the Service.
No children
Blaze is only for people 18 years old and over. By using Blaze, you affirm that you are over 18. If we learn
someone under 18 is using
Blaze, we’ll terminate their account.
Your health
The use of our Service is at your own risk.
In any case a condition for the use of the Blaze Service is that you must be in a good general state of health.
If you have knowledge
of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you
start the Blaze Service
(such as trainings or coachings). This applies in particular if you have knowledge of one or more of the following
medical
complaints/conditions/procedures: (i) cardiovascular disease, (ii) lung or respiratory disease (including asthma),
(iii),
spinal and/or joint problems, (iv) neuromuscular disease, (v) surgical procedures, (vi) any other health issues.
In addition our female athletes should note that pregnant women and breast-feeding mothers should not do the
trainings and coachings
offered by us.
The following general rules apply: Listen to what your body is telling you. Before using the our Service, if you
have any doubts
about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath,
nausea or dizziness)
consult your doctor before starting or continuing with our Service.
No substitute for medical advice
The service and information offered by our Service do not constitute medical advice or a doctor's advice. Nor are
they a substitute
for a medical examination or treatment by a doctor.
Training-/dietary methods
Fitness and/or nutritional advice is subject to constantly evolving knowledge in relation to health science,
nutritional science and
sports science. Although we base our trainings and nutritional tips on current studies and knowledge, we do not
guarantee that these
reflect the most up to date research findings or knowledge.
Security
If you find a security vulnerability on Blaze, tell us. We are available under security@blaze-fitness.de.
User registration
When registering via mobile apps, the formation of the user contract depends on the rules of the app store
supplier (for example Apple,
Google, etc.). The contract is generally formed when you click on the "Install" field in the relevant app store
and, where necessary,
enter your password in question. Please note that in order to use the Blaze Service it is still necessary to open
a cost-free user
account with us via the Blaze app. On registration we will ask you to accept these General Terms and Conditions
and our privacy policy.
After you register, for security reasons we will first send you an email in which we ask you to verify the
registration by clicking on
the "Confirm account" field. Only then will the registration process be complete.
Liability
Statutory provisions apply to claims due to defective Service. Your consumer rights remain unaffected in any
case.
We do not make any representations or guarantees that the use of the Blaze Service will bring the training- or
other result intended
by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot
be influenced, such
as, for example, physical disposition and preconditions. Consequently, results may vary strongly between
individuals despite the same
use of the Blaze Service.
Insofar as you are provided with guides or instructions in connection with the Blaze Service it is imperative
that you follow them.
Otherwise you risk being injured and your general health. Insofar as you use equipment or training tools it is
your responsibility to
ensure that such equipment and tools are in good working condition and installed and/or set up properly.
For Service provided free of charge, we will be liable, regardless of the legal basis, exclusively for damage due
to willful conduct
or gross negligence or the absence of a guaranteed feature. Our liability is not limited for willful misconduct.
In the event of gross
negligence or the absence of a guaranteed feature our liability is limited to reasonable, foreseeable damage.
Otherwise, our liability
is excluded.
Rights of use
The Service we offer contains content which is protected by copyright or otherwise and we hold the respective
rights. We grant you a
non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the
contractual provisions.
Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content
or making it publicly
available, e.g. on websites other than the Blaze website, is not permitted. The right of use will lapse when your
access to the
respective service is no longer enabled or when your user contract ends.
Ending the contract
You have the right to cancel your user account at any time, without stating any reasons, thereby also ending your
user contract. To do
this you simply have to write us an email to cancel@blaze-fitness.de. Please note that after you have cancelled
your user account we will
or may delete all the content and training results that you added, and you will no longer have access to content
that you already
purchased. If at the time of deleting your account you still have a current subscription or have booked an
additional service that has not
yet expired, any sum that you have already paid will not be refunded, not even on a pro rata basis.
We are entitled to cancel the user contract without stating any reasons by giving two (2) weeks' written notice,
but no earlier than
at the end of the minimum contractual Term or at the end of the respective renewal period of your subscription
and/or at the end of the
Term of any additional service for which you have paid a one-off fee.
Cancellation for good cause
The right to cancel for good cause remains unaffected in the case of either party. In particular we are entitled
to cancel your user
contract or your subscription with immediate effect, and to cancel your user account, if you seriously or
repeatedly breach the provisions
of the user contract and/or these General Terms and Conditions, or if you are in arrears with your payment
obligations.
Personal data
We process your personal data in accordance with our privacy policy; you can always retrieve the current version
of these at
privacy policy.
In particular these data protection provisions govern and explain the extent to which your
personal data can be seen by other users and what options you have for controlling its disclosure to other users.
Changes
We can change these Terms at any time. If a change is material, we’ll let you know before they take effect. By
using Blaze on or after
that effective date, you agree to the new Terms. If you don’t agree to them, you should delete your account before
they take effect,
otherwise your use of the website and app will be subject to the new Terms.
Applicable law
The relationship between the parties is governed exclusively by German law under exclusion of the UN Convention
on Contracts for the
International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union,
the law of the
consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is
mandatory to apply.
Place of jurisdiction
If you do not have a place of general jurisdiction in Germany or in another EU Member State, or if you have moved
your permanent place
of residence to a country outside the EU after these General Terms and Conditions have entered into effect, or if
your permanent place
of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place
of jurisdiction for
all disputes arising from this contract will be our place of business.
Contact us
If you have any questions about these Terms, please contact us under info@blaze-fitness.de.