General Terms and Conditions (GTC)
When using the Hero21 services on the Hero21 website e.g. under www.hero21.app or all domains referring to it as well as in the mobile apps for iOS and Android devices (hereinafter referred to as “Hero21 Apps”), the user declares his agreement with the General Terms and Conditions hereinafter referred to as “GTCs”). If the user does not agree with the General Terms and Conditions, registration must be waived. These General Terms and Conditions apply to all websites and apps of mHero21 e.U. They also apply regardless of whether Hero21 services are used free of charge or for a fee.
1. General provisions
1.1. Hero21 App means objective services of mHero21 e.U., Kastellfeldgasse 10, 8010 Graz, Austria (hereinafter referred to as“Provider”). Further information about the Hero21 App and mHero21 e.U. can be found in the imprint on the website and within theHero21 App.
1.2. The Provider offers users services with the purpose of assisting people to achieve their health goals through healthy lifestyle choices and behavior. Subject of this contract is the free or paid or via advertising financed use of the services offered by the Provider under the name Hero21 via his website www.hero21.app, other Hero21 websites or via software applications (hereinafter referred to as “services” or “service”). If the user wishes to use a mobile app to use the services, he can find out at www.hero21.app whether the Provider offers a mobile app for his terminal device or for the operating system of his terminal device. If a service is subject to a charge, this is explicitly stated.
1.3. IT IS IMPORTANT TO UNDERSTAND THAT THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE BY THE COMPANY. THE PROVIDER IS NOT A LICENSED MEDICAL CARE PROVIDER. THE USER SHOULD NOT CHANGE THE TREATMENT OR CARE PLAN, MEDICATION OR THERAPY BASED ON INFORMATION THE USER RECEIVED THROUGH THE SERVICES. SUGGESTIONS FOR NEW HABITS ARE SUPPLEMENTAL TO ANY TREATMENT OR CARE PROVIDED BY THE USERS HEALTH CARE PROVIDER AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS WITH THE USERS HEALTH CARE PROVIDER. THE USER ALWAYS HAS TO SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER REGARDING THE USERS MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. INFORMATION PROVIDED BY THE PROVIDER AND ALL OF ITS SERVICES IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY DRUG, DEVICE, OR TREATMENT OR REPRESENTATION THAT A PARTICULAR DRUG, DEVICE OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR THE USER. QUESTIONS REGARDING ANY DRUG, DEVICE, OR TREATMENT OF THE USER SHOULD BE DIRECTED TO A HEALTHCARE PROVIDER. THE USER SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING THE USER HAVE READ IN CONNECTION WITH THE SERVICES OF THE PROVIDER. THE USER ALWAYS HAS TO CONSULT WITH A HEALTHCARE PROFESSIONAL IF THE USER HAVE ANY QUESTIONS OR CONCERNS ABOUT HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN THE USERS CONDITION OR THE HEALTH STATUS.
1.4. In principle, the service can be used on all platforms or terminal devices supported by Hero21 Apps. Restrictions, especially technical ones, can be found in the respective offer presentation of the services.
1.5. The use of the services does not require registration. It is initially possible to use the basic functions of Hero21 App without registration. A registration in the Hero21 App can be made at a later time. No registration is required for the use of chargeable services and community services for exchange with other users. A registration can be made at a later date. Registration requires the user to enter his/her e-mail address and password. Registration is only possible via the mobile Hero21 App. During registration, the user is requested to accept these General Terms and Conditions and the data protection declaration. Once registration has been completed, a confirmation email will be sent, asking the user to verify the registration by clicking on the “Confirm account” field. After confirming the field, the user will be redirected to a website where the registration will be finally confirmed. Only then the registration process is completed. Alternatively, the user has the option of registering with his Facebook account. In this case, the registration process is completed when the contact details of the respective Facebook account have been entered and the “Confirm” field has been clicked. The user warrants that all data submitted during registration is complete and truthful. The user contract between the user and the Provider is only concluded after electronic confirmation by the Provider.
1.6. With the registration at the Hero21 App, the user accepts these GTC for the use of the services. If the user accesses the services via app and has downloaded the Hero21 App from the app store of a third party or accesses the contents via an audio/video or assistant platform (such as Google Home), the respective terms and conditions of use of the app store or platform shall apply in addition; in the event of contradictions, these GTC shall take precedence.
1.7. When downloading and using of the Hero21 App, in particular in third-party networks or abroad, the user may incur transmission costs for his Internet access Provider.
1.8. Prerequisite for the use of the services is reaching the age of 18 and full legal capacity. The services are aimed exclusively at consumers. A consumer is according to legal definition each natural person, who locks a legal transaction for purposes, which can be added predominantly neither their commercial nor their independent vocational activity. The use of Hero21 App for commercial or other commercial purposes is expressly prohibited.
2. Paid services
2.1. Individual services of the Hero21 App require the payment of a fee. The scope of the services contained in the Hero21 App and usable by the user depends on whether and which services are used free of charge or against payment. If the services are used free of charge, the user has access to certain basic functions and information of the respective services. An extended range of functions is available to the user if the services are activated for the user as part of a subscription. The Hero21 App provides an overview of the available chargeable services, their fees, scope of services, restrictions and running times in the Hero21 App. Payment of the fee only entitles the user to access the services available or visible in the presentation of the offer. All mentioned fees are inclusive of the respective valid sales tax.
2.2. The individual steps of the purchase of chargeable services can be found in the descriptions within the app store of the third party, Hero21 App or the website www.hero21.app. The user submits an offer with an order. The activation of the order button alone does not constitute a purchase contract for the chargeable content. Only after successful payment and the corresponding electronic confirmation, the order is considered accepted and the sales contract is concluded. Acceptance can also be implied, in particular by activating the chargeable services.
2.3. The Hero21 App offers the option to activate the entire content of the Hero21 App through one payment. Hero21 App offers subscriptions with different minimum terms. With the activation of the chargeable content, the user receives the right to use it permanently for his own, non-commercial purposes on all compatible devices connected to his App Store account. Further use – in particular publication on the Internet, as well as unauthorized copying, distribution or making the contents accessible via the Internet, whether free of charge or against payment – is not permitted. The same applies to the transcription of the contents, the removal of copyright information and source references as well as any other processing or manipulation of the download. The rights of use granted are not transferable or sublicensable and are subject to full payment. Legally admissible uses according to the copyright law are not restricted.
The Provider is entitled to revise, update or otherwise change the contents at any time if this should be necessary for technical, legal or content-related reasons. The Provider considers all purchased digital data to be available for download for a reasonable period of time. However, an unlimited data backup and data availability cannot be guaranteed. The user should therefore store his downloads locally on connected devices in parallel. The user will be informed expressly and with reasonable advance notice if the content can no longer be provided as downloads by the Provider in the future.
2.4. The payment methods that are visible in the offer presentation are accepted; the payment process is generally operated by appropriate service Providers. In particular, this may involve the payment systems offered by the respective App Store operators. Insofar as the respective service Provider includes its own General Terms and Conditions of business or use (GTC) in individual cases, these shall apply exclusively to payment processing. If necessary, the user must have a user account with the service Provider.
2.5. The Provider of the App Store can influence the duration or extension of the App Store or its available fee-based services. Depending on the App Store, fee-based services may expire after the end of the agreed term
without notice being required, or the respective contract term may be extended indefinitely or by a corresponding period. Details can be found in the terms and conditions or in the respective offer presentation of the App Store. The App Store offers the possibility to terminate fee-based services via a corresponding menu item.
2.6. If charges cannot be collected and if the user is responsible for the event that caused the charge, he shall bear all costs incurred as a result. If payments made are charged back or the user does not pay fees,
Hero21 App is entitled to block all or access to individual services from Hero21 App.
2.7. The Provider may offer paid services to users free of charge for a certain period of time. Which user can participate in a test offer is at the sole discretion of the Provider. The Provider may change the scope of the test offer or terminate the provision of a test offer at any time.
2.8. The Provider reserves the right to change its business model at any time and, for example, to provide certain or all services only against payment. The respective fees are published in the Hero21sApp. The user is free to terminate the use or to decide on the further use, which is then subject to a charge.
2.9. The Provider reserves the right to assert further claims due to delayed payment.
3. Right of withdrawal for consumers
If users are consumers in the sense of § 13 Allgemeine bürgerliche Gesetzbuch (ABGB), the following right of withdrawal applies.
3.1. Right of withdrawal
The user has the right to revoke the concluded contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract.
If the user has purchased a chargeable service of Hero21 App via an App Store, revocation notices of the respective App Store apply. If the user has purchased a chargeable service via the website www.hero21.app, the user must contact the Provider (mHero21 e.U., Kastellfeldgasse 10, 8010 Graz, Austria; e-mail: email@example.com) by means of a clear declaration (e.g. a letter sent by post, or e-mail) of his decision to revoke this contract. The user may use the following sample revocation form for this purpose, which is, however, not mandatory. In order to comply with the revocation period, it is sufficient for the user to send notification of the exercise of the right of revocation before the expiry of the revocation period.
3.2. Consequences of withdrawal
If the user cancels a contract with the Provider, the Provider will repay the user all payments he has received from him immediately and at the latest within fourteen days from the day on which the notification of cancellation of the contract was received by the Provider. The Provider shall use the same means of payment for this repayment as the User used for the original transaction, unless expressly agreed otherwise with the user; in no event shall charges be made to the user on the basis of this repayment.
If the user requests that the services begin during the withdrawal period, the user shall pay the Provider a reasonable amount corresponding to the proportion of services already provided by the time the user notifies the Provider of the exercise of the right of withdrawal in respect of this Agreement in relation to the total amount of services provided in the Agreement.
END OF THE REVOCATION INSTRUCTION
Sample withdrawal form:
(If the user wishes to revoke the contract, the user creates an e-mail or letter with the following content and sends it to the Provider).
mHero21 e.U., Kastellfeldgasse 10, 8010 Graz, Austria, E-Mail: firstname.lastname@example.org
Hereby I/we () cancel the contract concluded by me/us () for the purchase of the following goods ()/ the provision of the following service () Ordered on ()/received on () Name of consumer(s) Address of consumer(s)
Signature of consumer(s) (only in case of notification on paper) date (*) Delete as applicable
4. Rights and obligations of the user
4.1. The Hero21 App, the services and contents available through it are not made available to the user for commercial use, but exclusively for personal use. A transfer of the user account to third parties is not permitted. The user may only use the Hero21 App for his own private purposes.
4.2. Furthermore, the user is not permitted
4.2.1. to use chargeable services simultaneously on several terminal devices, unless such use is expressly permitted within the scope of the respective offer presentation;
4.2.2. to pass on the data sent for authentication and identification to third parties or to make the access data used accessible to third parties;
4.2.3. from allowing third parties to view or access the services, e.g. an
indeterminate group of people, by using the services in public areas (such as cinemas, theatres, exhibitions, workshops, showrooms, hotels, bars, restaurants or other public spaces);
4.2.4. to take access control systems for chargeable services or other measures in order to use or circumvent services without authorisation;
4.2.5. to assign or transfer rights or obligations from these General Terms and Conditions to third parties.
4.3. The use of Hero21 App may be reserved to persons who meet certain requirements (e.g. legal age). The user is responsible for ensuring that the services are only available to persons who meet these requirements. In particular, the user undertakes to comply with the applicable provisions on the protection of minors from content harmful to minors.
4.4. When using Hero21 App and its services, the user must consider contractual agreements with third parties, in particular with his Internet access Provider or the App Store operator.
4.5. The user is solely responsible for his actions on the Hero21 App as well as on the website and thus for contents or data which he publishes within the scope of the services. In particular, he undertakes not to secure, publish, transmit and disseminate any racist, insulting, discriminatory, harassed, defamatory, sexual, pornographic, violent or other illegal content, persons or representations. Furthermore, the user is expressly advised that it is prohibited to use legally protected terms, names, images, videos, or other materials. Furthermore, the user is obliged to take appropriate measures to prevent unauthorized use of his data, in particular passwords, by third parties. He undertakes to inform the Provider immediately of any noticed or suspected unauthorised use of his account.
4.6. The user undertakes not to intentionally specify the data of third parties (including e-mail address) as his own. In particular, he undertakes not to fraudulently specify the credit card details or bank details of third parties.
Furthermore, the user undertakes to comply with the applicable laws when registering for and using the services, the website www.hero21.app or the Hero21 App. The user undertakes to treat contents of the chat function and messages confidentially and not to make them accessible to third parties without the consent of their author or to pass them on. The same applies to names, telephone and fax numbers, residential. E-mail addresses and / or URLs. The user undertakes to refrain from misusing the services, and in
4.6.1. not to pass on any defamatory (e.g. slanderous), offensive or otherwise illegal material or such information about them
4.6.2. not to use them to threaten or harass other persons/users or to violate the rights (including personal rights) of third parties
4.6.3. not to upload data that contains a virus (infected software). In general, not to upload any software or other material that is protected by copyright, unless the user has the rights to it or the necessary consents – in this case, written proof can be requested from the Provider.
4.6.4. not to use them in such a way as to adversely affect the availability of the services offered to other users
4.6.5. not to intercept or attempt to intercept any messages
4.6.6. not to advertise other Internet portals
4.6.7. not to write chat messages and send them to several people at the
5.1. The Provider informs the user that any exercises presented within the framework of the services provided by the Hero21 App are designed for users who are averagely healthy and physically and mentally resilient. The user implements any exercises on his own responsibility. Should the user suffer from illnesses such as diabetes or cardiovascular problems, lung or respiratory diseases (including asthma), neuromuscular diseases, surgical interventions or other health restrictions, be pregnant or breastfeeding or feel unwell after interval fasting, the Provider advises to discuss this with the doctor. The use of Hero21 App is at user ́s own risk. The services offered here are not medical or medical advice and cannot be used as a substitute for medical examinations or treatments. Minors may fast only in consultation and with the supervision of their parents.
5.2. The Provider is liable without limitation for intent and gross negligence. The Provider is only liable for simple negligence if his vicarious agents or legal representatives violate an obligation which is of essential importance for the achievement of the purpose of the contract (so-called cardinal obligation). In this case the liability is limited to the foreseeable damage. This amounts to a maximum of the amount of the fee paid by the user for the use of the paid services and functions. The above limitation of liability does not apply to damages due to the absence of warranted characteristics, to injury to life, limb or health or to claims arising from the Produkthaftungsgesetz. If, however, the liability of the Provider is excluded or limited, this also applies to the personal liability of his legal representatives and vicarious agents.
5.3. The user undertakes to indemnify the Provider or vicarious agents of the Provider against all claims by third parties asserted in connection with violations of the user’s obligations under these GTC and/or the applicable laws and to assume all reasonable costs incurred by the Provider, including those for legal defence, insofar as the user is responsible for theviolations.
5.4. DISCLAIMER: THE PROVIDER IS NOT A MEDICAL ORGANIZATION. THE USER SHOULD NOT CONSIDER THE SERVICE OR THE DOCUMENTATION AS MEDICAL ADVICE OF ANY KIND, AND THE SERVICE IS NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION OR MANAGE A CHRONIC DISEASE OR CONDITION. By using the Service, you expressly agree that use of the Service is at your sole risk. The Service is provided on an “AS IS” and “as available” basis. NEITHER the Provider nor its officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Affiliates”) warrant that use of the Service will be uninterrupted or error-free. Neither The provider nor its Affiliates warrant the accuracy, integrity, or completeness of the content provided on the Service or the products or services offered for sale on the Service. Further, the Provider makes no representation that content provided on the Service is applicable to, or appropriate for use in, locations outside of Austria. The Provider and its Affiliates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability, or fitness for a particular purpose. No oral advice or written information given by the Provider or its Affiliates will create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to the user.
6. No warranty
The Provider makes no assurances or guarantees that the weight or other result desired by the user will be achieved by using the respective service. The Provider does not owe a concrete success. In addition, the result is also influenced by uncontrollable factors, such as physical predispositions and preconditions, so that the result can vary greatly with different people despite the same use of the services.
7. Responsibility for user-generated content
The user is solely responsible for the content he uploads within the services. The Provider does not make them his own and does not check them.
8. Contract term, termination, repayment
8.1. As far as the subject of the contract of use is free services, the contract of use can be terminated at any time. The user will find a corresponding account-delete function in his account settings on the website and in the Hero21 App. Termination by post (mHero21 e.U., Kastellfeldgasse 10, 8010 Graz, Austria) or by sending an e-mail to email@example.com is also possible. The use by the Provider can be terminated without notice if the user violates these terms and conditions. A termination of the user contract by the Provider is effected by notification to the e-mail address provided during registration. In addition, the Provider reserves the right to refuse the registration of the user without giving reasons.
8.2. Hero21 App provides fee-based services. Unless otherwise stated in the respective offer presentation, the usage contract for the respective paid service initially runs over the booked minimum usage period. Thereafter, the usage contract shall be extended by the duration of the booked minimum usage period if it is terminated by the user or by the Provider before the end of the extension period/ minimum usage period with effect from the end of the respective period. The user may also use the services after termination until the end of the respective period. The cancellation of the paid service can be carried out if the purchase was made via an App Store, as described in the respective App Stores in the subscription administration. If the subscription was concluded via www.hero21.app or another platform operated by the Provider, the termination must be made by e-mail to firstname.lastname@example.org or by post (mHero21 e.U., Kastellfeldgasse 10, 8010 Graz); in the event of termination by the Provider to the e-mail address provided by the user during registration.
8.3. The right to extraordinary termination for good cause remains unaffected. An important reason for the Provider exists in particular if the user violates applicable law or essential contractual obligations. A prior warning is not necessary.
8.4. In the event of termination of the user contract by the user and termination by the Provider, repayment of any fees paid in advance shall be excluded, unless the user terminates the contract for an important reason for which the Provider is responsible.
8.5. After termination, all data of the user will be deleted from the Hero21 database promptly, unless they are required for proof purposes of an illegal act of the user beyond the termination of the contract.
9. Storage possibility and insight into the contract text
9.1. These General Terms and Conditions can be viewed at http://www.hero21.app/terms-and-conditions . If the user wishes to store these General Terms and Conditions permanently on a data carrier, he can download them free of charge as a “pdf” file at http://www.hero21.app. The user must consult the instructions of the respective browser software if he needs help with saving. In order to open a “pdf” file, the user may require a special program such as the free Acrobat Reader or a comparable program that can handle “pdf” files.
9.2. The user can view the remaining contract information and data in Hero21 App. Alternatively, he can print out or save the automatic order confirmation that the user receives after completing an order.
10. Extrajudicial dispute resolution
The Provider does not participate in a dispute resolution procedure before a consumer arbitration board, but is obliged to point out that the European Commission operates a platform at http://ec.europa.eu/consumers/odr for out-of-court online dispute resolution (so-called OS platform).
11. Final provisions
11.1. The Provider makes every effort to ensure trouble-free operation of the app and to keep it available as far as possible. However, it is pointed out that complete or complete availability is not technically feasible.
Therefore, the Provider does not assume any guarantee for a trouble-free operation or a certain availability. Furthermore, there is no claim to the maintenance of individual functionalities of the App used free of charge.
The Provider is – as far as no contractual obligations are opposed – entitled at any time to change or remove contents, services and functionalities provided within Hero21 App and to make new contents, services and functionalities available or not to further develop the app as a whole. In this respect, the Provider also reserves the right to issue separate terms and conditions for new service offers or to discontinue and change additional features free of charge.
11.3. The Provider is entitled to entrust third parties with the provision of the agreed services at any time in whole or in part. In addition, the Provider may transfer his rights and obligations to one or more third parties.
11.4. Agreements between the Provider and the user that deviate from these GTC require text form to be effective; this also applies to a waiver of the written form requirement.
11.5. The place of jurisdiction shall be Graz (Austria) if the user does not
have his residence or usual place of abode in Austria or moves there or if
the user is not a consumer within the meaning of ABGB (Allgemeines Bürgerliches Gesetzbuch). Hero21 App is also entitled to sue at the general place of jurisdiction of the user.
11.6. Austrian substantive law shall apply to the exclusion of the reference rules.
11.7. Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining clauses. The ineffective or
unenforceable provision shall in this case be replaced by the parties by an effective provision which comes as close as possible to the economic
purpose of the ineffective or unenforceable provision. The same shall
apply in the event of a loophole.
12. Data protection
Release: October 2020