User information and General Terms and Conditions MovEvo

Usage and ordering conditions

 

Area of application

These terms of usage and orders apply to your access to and use of our online training programs and regulate the contractual relationship between you and MovEvo Michael Omann, 9582 Ratnitz, Karawankenweg 15, mailto:michael.omann@movevo.at. If in the following references are made to “we” or “us”, this always means MovEvo.

Our offer is directed at consumers within the meaning of the German Consumer Protection Act (KSchG). According to this, a consumer is any natural person who concludes a legal transaction for a purpose that is neither commercial nor independent professional.

By accessing and using our service, you signify your acceptance of these Terms of Use. If you do not agree with these terms of use, please do not use our service.

MovEvo Packages

Differentiation between free and paid subscriptions (basic and premium)

With regard to our customer offers, a distinction can be made between the free use of our content on the website (Free) and the paid subscriptions basic and premium package.

Free

Free means all those free contents which are made available to every user without registering on the platform.

Basis

The basic subscription package is subject to a charge and can be purchased for € 9.90 per month. If you pay annually, the price is € 99,90.

You can register an annual subscription for the basic package, cancel it within 14 days without further costs and cancel the contract. A debit will only be made after the withdrawal period has expired.

You can use and view the entire content of the MovEvo platform via the basic package, but there is no customized compilation of the training program.

Premium

The Premium subscription package is also available for a fee of € 19.90 per month. If you pay annually, the price is € 199,– per year.

The premium package is a customized video training program and after registration, you have to complete an online questionnaire or self-test to coordinate the training program.

According to your own assessment, you can disclose the creation of the training program, including sensitive health data regarding previous illnesses, operations, and give your express consent to the storage of this data in the course of the questionnaire in accordance with the basic data protection regulation.

 

General contract duration (annual membership)

The paid subscription packages can be taken out for a period of one year, whereby an annual membership is automatically renewed for another year. The contract can be canceled annually with a notice period of 1 month to the end of the contract year.

If an annual subscription with monthly payment is concluded, the contract can be terminated earlier by observing a 1-month notice period.

Upgrade

It is possible to switch from the Basic Package to the Premium Package by observing a notice period of 14 days.

 

Completion of the contract

Contract language

The German language is available to you for the completion of the contract with us.

 

Order process for paid subscriptions

  1. Package selection

You can purchase your desired subscription by selecting the package on our website and you will be taken directly to the order form.

  1. Enter your customer data

In order to carry out the order, you must set up a personal user account and fill in and complete the order form. Please enter all customer data required to process the order. Mandatory fields are marked with an asterisk. Please fill out the respective form completely.

If you use the option to create a personal user account, you can identify yourself with future orders via e-mail address and the chosen password. In this case, the data stored in your customer account are already prefilled. You can change this information at any time.

  1. Agreement to AGB´s and data protection

After entering the customer data, agreement to the present general terms and conditions and to MovEvo’s data protection declaration is required for a chargeable order. This can be inspected during the ordering process and is accepted and approved by ticking both the General Terms and Conditions and the Data Protection Guidelines.

  1. Choice of payment method

You can choose between a monthly payment and an annual payment. In addition, a selection of other payment methods is possible. For details please refer to the section “Prices, billing, due date and payment”. Continue the process by clicking on the “Continue” button.

  1. Complete the order process and place a payable order

By clicking on Subscribe the order process is completed and a legally valid contract is concluded by the offer of MovEvo on the homepage and your acceptance.

  1. Order confirmation by e-mail

By completing and submitting the order form you are placing a paid order. Subsequently, you will receive a confirmation email for activation in which the completed order process will be confirmed and the corresponding payment details or invoice will be detailed. The customer and order data provided can also be viewed here.

 

Medical disclaimer

Before you start any pain relief exercises or course we offer, we encourage you to undergo a sports medical examination or consult with your trusted physician to determine beforehand if such a program is in line with your needs and therefore suitable for you. We strongly advise against starting a training session against the medical advice of your doctor. The use of our services and participation in our interactive courses is entirely at your own discretion and risk. If you discontinue any exercise promptly, you may experience the following symptoms during training: weakness, dizziness, pain or breathlessness.

The registration for our service is done by creating an account with us by entering your personal email address and other required information.

The use of our service is designed for individuals over the age of 18 (typically 18 or older). Persons under the age of 18 will be asked to provide us a consent form from their responsible legal guardian, otherwise, the subscription cannot be activated.

 

TERMS OF PAYMENT

Both the use of our subscription programs and the purchase of additional content subject to a charge is carried out via the website (www.movevo.at). By booking the subscription in question and agreeing to the GTC, you authorize MovEvo to collect the membership fees to be paid from your account by direct debit.

Credit card: Credit card payment is the easiest way for orders from abroad. You can pay with MasterCard, VISA and American Express credit cards. The credit card details are not stored but are passed on from you directly to Six Saferpay on the site of the credit card company. Therefore, it is not possible to use credit cards as a standard payment option. After entering your details, you will automatically return to our website.

PayPal: Payment via PayPal is an alternative to paying by credit card. You must be a registered PayPal user, verify your access data and confirm the payment order to us. You will be redirected to the PayPal page where you enter your details and confirm the payment. Therefore it is also not possible to use PayPal as a standard payment option. You will then automatically return to our website.

Sofortüberweisung: Sofortüberweisung is an online payment system for cashless payment on the Internet. This requires the disclosure of the relevant access data and MovEvo will promptly receive a transaction confirmation. After verification, the access is activated immediately and you will automatically return to the website.

Paid subscription

In order to access the paid subscriptions, you must become a member of our website www.movevo.at. You can then log in at any time using your registration data and make use of the purchased content.

 

Cancellation instruction/right of withdrawal

By registering, you expressly agree that you will begin to execute the contract before the expiry of the revocation period. You are aware that you lose your right of revocation through this agreement at the beginning of the execution of the contract.

 

Renewals and cancellations of subscriptions

Your subscription will be automatically renewed at the end of the subscription period. If you cancel your subscription, you can use our service until the end of the corresponding billing period. The cancelation period for an annual membership is 3 months from the end of the membership period.

Please note, however, that you are not able to claim a refund for the remaining time.

At the end of the subscription period, it will automatically be extended by 1 year.

 

For more information:

Refunds

All purchases you make are final and non-refundable. However, if you believe that the service we offer does not match our information, please contact our customer service department at the following e-mail address: info@movevo.at

 

Price changes

We reserve the right to change the pricing at our discretion. In such event, we will endeavor to notify you of such changes as soon as possible so that you can change or terminate your subscription before the changes take effect. Please note that we are not responsible for any loss you suffer as a result of your failing to modify or adjust your subscription after we have notified you of any imminent changes.

Please also note that we may, in our sole discretion, offer limited-time promotional prices from time to time. These may also be personal offers that are not available to anyone else. Promotional prices are offered solely through MovEvo websites. Furthermore, such offers are one-time discounts applicable to a single purchase only and not to recurring payments. Therefore, if your membership renews automatically at the end of the subscription period, you will be charged the original price, not the promotional price.

 

YOUR RIGHTS AND OBLIGATIONS

Our service is only licensed to you and is intended solely for your personal, non-commercial use. In addition, the use of our service may also be subject to specific guidelines, as is customary for such services. Each individual user may not create more than one user account. MovEvo grants you a temporary, non-exclusive, non-licensable and non-transferable right to use only the executable version (excluding the source code) of the relevant service. The service offer therefore, includes the appropriate application that allows you to access our service. Further, you acknowledge that you have not been previously suspended or excluded from the Service at any time. You may not transfer or sell access to your account to any third party for a fee, or dispose of your account otherwise. You understand that for system security and stability reasons, among others, our service may be automatically updated, new versions may be created or improved, and that this may lead to changes in the system requirements. This Agreement does not automatically entitle you to new versions or enhancements of the relevant Service. However, MovEvo is free to provide updates, etc. to you.

In the absence of any other solution, MovEvo reserves the right to restrict, suspend, deactivate, modify, delete or block any or all of the accounts of a member who is suspected of having seriously violated the foregoing rules and/or of having made illegal or improper use of the Service, without giving any reason. You may suffer the loss of all content (as noted below) associated with our Service as a result of the termination of your account or limited access to the Service. In such a case, MovEvo will under no circumstances be obliged to compensate you for such losses.
You are solely responsible for the use of our service and for the security of your terminal. You are also in no way authorized to disclose, share or permit others to use your password and/or use anyone else’s password. You agree that you are solely responsible for the use of your account, communications and all other activities that occur from your account and are in connection with the Service.

 

RIGHT OF INTELLECTUAL PROPERTY

This service, as well as the layout of our service and the content associated therewith, which includes text, fonts, graphics, interactive features and similar materials, trademarks, service marks and logos (“MovEvo”), are owned by or licensed to MovEvo, and are subject to copyright or other intellectual property rights under the laws of Austria, foreign law and international conventions. Except as expressly provided herein, MovEvo does not automatically grant any right to anyone to use any MovEvo property. MovEvo may, at its sole discretion, provide additional content such as videos or images to users for free or against payment. MovEvo hereby grants you a temporary, non-exclusive, non-licensable and non-transferable right to make use of MovEvo property and other content as part of this service. Any other unintended use of our service, MovEvo property and other Content that violates these Terms of Use is strictly prohibited and will cause your license to use such Content to be immediately revoked. In order to avoid possible misunderstandings, we make it clear that you are not authorized to make any content resulting from the use of our service accessible to third parties.

 

USER CONTENT AND COPYRIGHT PROVISIONS

You are solely responsible for the content provided, uploaded, posted, stored, or otherwise made available through our Service via your account, and originating from your account. You agree that your use of the Service (including the provision of User Content) is subject to specific laws, regulations, terms, conditions and restrictions.

MovEvo does not claim ownership of the User Content provided. However, by providing User Content, you grant MovEvo a universal, non-exclusive, royalty-free, sub-licensable and transferable right to use, distribute, adapt (for technical reasons such as size and resolution of display) and otherwise exploit your User Content. This includes sharing and sending your Content to third parties as requested from you. You also grant a non-exclusive right to any user of our Service who has been given access to your Content as part of our Service to access such Content through our Service.

MovEvo respects the intellectual property rights of others. In accordance with the Information Society Code and other applicable laws, we will tirelessly strive to remove any infringing Content from our site immediately. If MovEvo becomes aware that one of our users is a multiple copyright infringer, we will take steps to permanently remove that user’s account in accordance with our policies. Users are expected to be aware of and act in accordance with copyright laws.

 

Collection, processing and use of your customer data, data protection

Your data will be used in accordance with our data protection regulations, which you can view and modify at any time in the login area.

 

Warning notice

Like every science, medicine is subject to constant development. Research and clinical experiences expand our knowledge, especially with regard to treatment and therapy. The reader trusts that MovEvo has taken great care to ensure that this information corresponds to the level of knowledge at the time of the completion of the work. (Cf. Medical disclaimer)

Protected trade names (trademarks®) are not particularly marked. The absence of such an indication does not imply that it is a free trade name. The work, including all its parts, is protected by copyright. Any use outside the narrow limits of copyright law without the consent of the publisher is prohibited and subject to prosecution. This applies in particular to duplications, translations, microfilming and storage and processing in electronic systems.

 

THIRD-PARTY SERVICES AND MATERIALS

Our service may contain links to websites operated by third parties. In addition, our Service may include content offered through the Third-Party Service that allows you to access and use certain Third-Party Services. Both the use of websites operated by third parties and the use of Third-Party Services or content provided through Third-Party Services are subject to the terms and conditions of use of such third parties or the applicable licenses used to provide such content. MovEvo is not responsible for the Third-Party Services or any Content offered through the Third-Party Services.

PERSONAL INFORMATION AND DATA PROTECTION

You are obliged to provide MovEvo with both the correct personal data and other information necessary for the use of this service. You will also be required to notify MovEvo immediately of any changes to such information.

The use of personal or other information is subject to the MovEvo Privacy Policy, which is hereby incorporated into this Privacy Policy by reference. You agree that your personal and other information may be used in accordance with the MovEvo Privacy Policy. This may include the transfer of such data to countries outside the European Union and the European Economic Area in accordance with the applicable legal framework and MovEvo’s Privacy Policy. MovEvo will take appropriate online and physical safeguards to ensure that your personal information is not compromised by unauthorized access or improper use. MovEvo also makes every effort to ensure that the accuracy of the Information you have provided through our Service is reasonable. To achieve this, we use a variety of different technologies, usually including the use of encryption techniques, to ensure high-security standards. All data stored on MovEvo servers is generally inaccessible to the public. Nevertheless, the use of Internet services always involves security risks.

You alone are responsible for your end devices, Internet connection and software and also ensure that they do not cause any damage to MovEvo or third parties. You further represent and warrant that you will not attempt to interfere with the Service by hacking, cracking, or back-developing it.

 

SUPPORT AND MODIFICATIONS

MovEvo is under no obligation to provide you with any kind of support or maintenance for the Service offered under this Agreement. However, MovEvo may provide technical support to you at its sole discretion and to a limited extent.

You understand that this service will be continuously expanded and developed. As long as your license is valid, you are entitled to service updates and upgrades. All upgrades and updates will be made available to you as part of a license exchange. Accordingly, you agree that whenever you make use of an upgrade or update, you voluntarily waive your right to use previous versions. MovEvo may offer you the use of updates and upgrades under extended or different terms of use. From time to time, you may also need to update third-party software and/or upgrade your own devices in order to continue to use our service.

 

DISCLAIMER OF LIABILITY

Except for the limited warranty as set forth above and to the fullest extent permitted by applicable law, MOVEVO DOES NOT WARRANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, QUALITY, PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND ITS CONTENTS ARE PROVIDED TO YOU “AS IS”. EXCEPT IN CASES WHERE DEFECTS HAVE MADE IT IMPOSSIBLE TO USE THE SERVICE.

You agree to defend, indemnify and hold MovEvo, its affiliates, licensors, partners and subcontractors harmless from and against all liabilities, claims and expenses. This includes, but is not limited to, reasonable attorneys’ fees, which may be incurred as a result of any violation of our Terms and Conditions by you, or any other act or omission by you in connection with our Service (including User Content). MovEvo reserves the right to organize its own criminal defense and/or take control of any other jurisdiction that otherwise falls within your indemnification obligations as set forth herein.

 

FURTHER LIMITATION OF LIABILITY

You understand and accept that MovEvo cannot be held responsible for any network problems that may occur in connection with the operation of our service. You also understand that changing network configurations may affect the performance of the entire system, among other things.YOU HEREBY ACKNOWLEDGE AND AGREE THAT MOVEVO SHALL NOT BE LIABLE IN ANY WAY FOR THE SERVICE OR YOUR USE OF IT AS DESCRIBED HEREIN. YOUR SOLE RIGHT AND SETTLEMENT WITH RESPECT TO ANY PROBLEM OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL AND/OR CEASE TO USE THE SERVICE, WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS AS AN END USER. IN NO EVENT WILL MOVEVO BE LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT MAY OCCUR IN CONNECTION WITH THE USE OF THIS SERVICE. MOVEVO SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE CAUSED BY THE USE OF THE SERVICE OR THE INABILITY TO USE THE SERVICE. IT DOES NOT MATTER IF MOVEVO HAS BEEN INFORMED/ADVISED IN ADVANCE ABOUT THE POSSIBILITY OF SUCH DAMAGE OCCURRING OR NOT. UNDER NO CIRCUMSTANCES WILL MOVEVO’S LIABILITY EXCEED THE MAXIMUM LIABILITY LIMIT RESULTING FROM THE SERVICE FEES PAID TO MOVEVO IN THE LAST 6 MONTHS PRECEDING THE CLAIM. IN PARTICULAR, YOU ACKNOWLEDGE THAT MOVEVO CANNOT BE HELD LIABLE FOR THE CONTENT OF THIRD PARTIES, NOR FOR THE DEFAMATORY, OFFENSIVE OR EVEN ILLEGAL CONDUCT OF THIRD PARTIES. THE RESULTING RISK OF DAMAGE AND INJURY LIES ENTIRELY WITH YOU.

Some jurisdictions do not allow limitations of liability so the foregoing limitations may not apply to you.

 

SERVICE PROVISION AND DISCONTINUATION

MovEvo reserves the right, in its sole discretion, to make a decision about providing and making available the Service to you and to discontinue any component of the Service at any time.

These Terms of Use are in effect for the time that this Agreement is effective. Your right to use the Service will continue until you terminate them. You are free to terminate your right to use the Service at any time by ceasing to use the Service. Your right to use the Service will automatically terminate if you fail to comply with the material terms and conditions of these Terms of Use. In such a case, you would not be entitled to a refund.

 

GENERALITIES

MovEvo may at any time transfer or assign its rights and obligations under the existing Terms of Use and the MovEvo Privacy Policy, in whole or in part, to any person or entity. However, you are not entitled to transfer or assign your rights and obligations under the existing Terms of Use and Privacy Policy to others without the prior written consent of MovEvo.

These Terms of Use describe certain statutory rights. You may have other rights under the binding provisions of the law of your home country. These Terms of Use do not affect your rights under the binding provisions of the law of your home country.

You and MovEvo agree that if any part of the Terms of Use, including the MovEvo Privacy Policy, is found to be illegal or unenforceable, either in whole or in part, by a court of competent jurisdiction, that provision shall be deemed invalid or unenforceable in that jurisdiction to the extent of its invalidity or unenforceability, without affecting the validity or enforceability of that provision in any other jurisdiction or the validity or enforceability of the other provisions contained herein in any other jurisdiction.

MovEvo may publish additional guidelines with respect to specific services. Your right to use such service is subject to the applicable specific policies and terms of use.

MovEvo reserves the right to modify, add to or remove portions of the Terms of Use and Privacy Policy at any time and to post and take effect on the Service’s platform as amended. In the event of any material changes, MovEvo will send such changes to you at the email address you provide. If you subsequently continue to use our service, this will be considered as your acceptance of the new terms. However, if you do not agree with any part of the then current version of our User Agreement, the MovEvo Privacy Policy, or any part of any other MovEvo policy, regulation or code of conduct in connection with your use of the Service, your license to use the Service will be revoked with immediate effect. In addition, you must immediately cease using the Service and you will not be entitled to any refund of your service fee. In such a case, we ask you to visit the Service regularly to review the applicable Terms of Use.

 

DISPUTES AND APPLICABLE LEGISLATION

Applicable law – place of jurisdiction

The law of the Republic of Austria shall apply. Place of jurisdiction is Liezen, as far as legally permissible.

 

Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes. In general, we are willing to participate in an out-of-court conciliation procedure.