General terms and conditions and consumer information for the program offer FIGHTER FITNESS

1. BASIC PROVISIONS

1.1. SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS AND SUBJECT OF THE CONTRACT
These General Terms and Conditions (hereinafter: General Terms and Conditions) apply to the contracts between NICKS FIGHT & FITNESS ACADEMY (Nick Kedzierski) and its customers for the use of the FIGHTER FITNESS service (hereinafter also: Service) via the website http ://app.nicks-fight-fitness.com/ and/or the associated FIGHTER FITNESS APP (for the operating systems: iOS and Android).

The subject of the contract is the provision of martial arts and sports video courses, as well as mental training strategies (hereinafter: video courses) in on-demand streaming or in live streaming by FIGHTER FITNESS for the use of the service by you in accordance with the following terms and conditions.

1.2. PROVIDER / CONTRACTUAL PARTNER

Unless otherwise stated, the provider of the service and contractual partner of the customer is the
NICKS FIGHT & FITNESS ACADEMY (Nick Kedzierski)
Nordstraße 43, 09113 CHEMNITZ
Telephone: 01729894412
E-mail: App@nicks-fight-fitness.com

1.3. AGE RESTRICTION

Persons under the age of 15 cannot enter into a contract with FIGHTER FITNESS for the use of the service. The use of a course by younger people is not affected by this, insofar as this has been permitted by the legal guardian and the course is designed for the respective age group. A contract with FIGHTER FITNESS for the use of the service can only be concluded with young people who are under the age of 18 with the consent of a legal representative.

1.4. CONTRACT LANGUAGE

Contract language is German.

2. CONCLUSION OF THE CONTRACT, CUSTOMER ACCOUNT
When concluding the contract, you can choose between different types of contract for the use of the service, namely free use (hereinafter also referred to as “FIGHTER FITNESS FREE”) or a contract that is subject to a fee (hereinafter referred to as “FIGHTER FITNESS Premium”). How the respective contract comes about depends on how you register for the first time to use the service and whether you make use of paid services.

2.1. FREE USE OF FIGHTER FITNESS FREE

By starting to use the "FIGHTER FITNESS FREE" service free of charge, you confirm that you have read and understood these General Terms and Conditions in the version applicable at the time of use and that you agree to their validity. If you do not agree to these terms and conditions, you may not use the "FIGHTER FITNESS FREE".

2.2. PAYABLE CONTRACT CONCLUSION VIA THE MOBILE APP

2.3.1. To conclude a fee-based contract via the mobile app to use the FIGHTER FITNESS Premium service, you must first download the app from an app store provider (currently Google Play Store or Apple iTunes Store) and create a user account if you still have don't have an account. You can open the user account on the website in accordance with section 2.2.1. Create and within the mobile app by clicking on the buttons "LOGIN" and then "REGISTER". The user account is created by entering your personal data (e-mail and password) and clicking on the “REGISTER” button. You must also declare your agreement to these terms and conditions. 2.3.2. The conclusion of the fee-based contract for "FIGHTER FITNESS Premium" also depends on the rules of the respective app store provider. As a rule, the contract is concluded when you click the "UPGRADE" field in the app, enter your password if necessary, and confirm the conclusion of the contract. 2.3. STORAGE OF CONTRACTUAL TEXT FIGHTER FITNESS does not store the contractual text.

3. FIGHTER FITNESS SERVICES

3.1. FIGHTER FITNESS PROGRAM OFFER

The range of programs offered by FIGHTER FITNESS depends on whether you use FIGHTER FITNESS free of charge as "FIGHTER FITNESS FREE" or for a fee as "FIGHTER FITNESS Premium". The offer includes: With free use via "FIGHTER FITNESS FREE" an offer of up to 3 days of free use of the FIGHTER FITNESS APP With a paid "FIGHTER FITNESS Premium" contract an offer of comprehensive video courses that are constantly being expanded and updated , as well as access to the video courses offered in live streaming for retrieval within the countries of the European Union. The fee-based "FIGHTER FITNESS Premium" contracts can be concluded for different durations. These can have a term of 1 month or 12 months. Furthermore, we offer free test phases for some contracts, so that the chargeable "FIGHTER FITNESS Premium" contract only begins for you after this test phase has expired. You can find out whether there is a free test phase for your selected contract model from the respective “FIGHTER FITNESS Premium” offer.

FIGHTER FITNESS is free to design the content of the offer and can change or adapt it, in particular by exchanging, replacing or deleting video courses. You are not entitled to the offer containing one or more specific video courses. However, FIGHTER FITNESS guarantees that you will not be placed objectively worse as a result of changes/adjustments in the case of a fee-based "FIGHTER FITNESS PREMIUM" contract, and in particular that the content of the offer remains comparable.

3.2. RIGHTS OF USE

3.2.1. For the duration of the contract, FIGHTER FITNESS grants you the non-exclusive right (simple right of use) to receive, access and play the video courses contained in the agreed type of contract in any order and to any extent within the countries of the European Union for purely private purposes; the video courses in live streaming offered in the "FIGHTER FITNESS Premium" contract type can only be received, called up and played back at the times specified in the program schedule. 3.2.2. You will not be granted any further rights of use. In particular, you are not entitled a) to copy, reproduce, save, archive or edit the video courses or parts thereof, b) to make the video courses or parts thereof publicly perceivable for third parties or publicly accessible to third parties, to send them or to distribute them in any other way or to use them commercially, c) to transfer the rights of use to the video courses or parts thereof to third parties or to grant third parties further rights of use thereto ( to grant sublicences); this also means that the customer may not pass on his access data to the service to third parties.

3.3. OTHER FUNCTIONALITIES OF THE SERVICE There is no entitlement to the maintenance of certain functionalities of the service. Rather, FIGHTER FITNESS is entitled to change or remove functionalities provided within the service at any time and to make new functionalities available. FIGHTER FITNESS will take your legitimate interests into account and announce far-reaching changes in advance in a suitable manner.

4. OBLIGATIONS AND OBLIGATIONS OF THE CUSTOMER

4.1. PROVISION OF THE SYSTEM REQUIREMENTS To use the service, you must have a suitable device and ensure a sufficient and constant internet connection and power supply. Any associated costs are to be borne by you. A data transmission rate of at least 1.5 Mbit/s and a flat rate tariff (without time- or volume-based billing) is recommended for the Internet connection. A data transmission rate of at least 3.0 Mbit/s is required for SD quality and 5.0 Mbit/s for HD quality. For Ultra HD, your end device requires a data transfer rate of at least 25 Mbit/s. The player calculates the bandwidth and automatically adjusts the bitrate as needed. Further information on the technical requirements, in particular for end devices and software, can be found in the FAQ.

4.2. HEALTH INFORMATION FIGHTER FITNESS points out that the training instructions within the video courses cannot replace individual advice from a fitness trainer or even medical advice from a doctor. It is your responsibility to check your physical and health suitability for the selected video courses and the physical exercises they contain and to take care to realistically define your abilities and requirements and
to estimate If you experience discomfort or pain while performing an exercise, you should pause or interrupt the video course. Adequate fluid intake should be observed. In particular in the event of physical complaints, health impairments, illnesses or in the event of pregnancy, FIGHTER FITNESS recommends that you have a personal consultation with a doctor as a precaution before participating in the video courses to clarify whether your physical and health condition makes participation in the respective contrary to video courses. It is also recommended to consult a doctor and, if necessary, to forgo FIGHTER FITNESS if you have the following restrictions:
· Cardiovascular diseases
· Lung and respiratory diseases
· Spinal problems
· Congenital or acquired heart defects and/or damage, such as cardiac arrhythmias that occur or worsen under stress ·
Joint problems
· Orthopedic limitations (e.g. fractures)
· Acute herniated disks
· Surgical interventions
· Implants
· Thrombosis
· Osteoporosis
· Uterine prolapse or diagnosed incontinence
Pregnancy or lactation
Acute infections or colds
Discomfort or full stomach
Recent injuries
Inflammation of any kind
Neurological diseases (e.g. epilepsy, migraine)
You must also take the above information into account if you, as a legal guardian, enable a child to participate in a course.

4.3. HANDLING OF ACCESS DATA / MAKING ACCESSIBILITY FOR YOUNG PEOPLE

4.3.1. You must keep your access data, in particular your password, protected against access by third parties and may not pass them on to third parties.
4.3.2. You remain entitled to make the program visible to relatives in particular in a private setting. However, you are aware that the video courses are not suitable for young people under the age of 15.

4.4. PROTECTION OF COPYRIGHTS, TRADEMARKS AND OTHER PERFORMANCE RIGHTS You are aware that the program provided by FIGHTER FITNESS and the other content within the service (e.g. images, graphics, texts) are protected in particular by copyrights, trademarks and other related rights of FIGHTER FITNESS or are protected by law. In particular, with regard to the program, you are only entitled to use the program in accordance with Section 3.2. mentioned scope. FIGHTER FITNESS reserves the right to prevent any illegal use of the program or other content by you or other third parties, in particular by making copies of the video courses in whole or in part (e.g.

4.5. OBLIGATIONS OF CONDUCT WITHIN THE SERVICE You are obliged to refrain from any actions that are likely to impair and/or excessively burden the operation of the service or the technical infrastructure behind it or to illegally use copyrighted, trademarked or otherwise protected content of the platform. This includes in particular · the use of software, scripts or databases in connection with the use of the service and/or · the blocking, overwriting, modifying, copying of data and/or other content, insofar as this is not necessary for the proper use of the service .

4.6. NOTICE OF CHANGES TO CUSTOMER DATA

You must notify FIGHTER FITNESS of any change to contract-relevant data, in particular your name and e-mail address, immediately via your customer account under the menu item "My Account" or by sending a message to FIGHTER FITNESS (e.g. to the e-mail address App@nicks -fight-fitness.com).

5. USER FEES FOR A PAID CONTRACT

5.1. USE FEES / DUE DATE

5.1.1. In the case of a fee-based contract, the usage fees valid at the time the contract was concluded and specified to you apply. Unless otherwise stated, all usage fees are monthly usage fees in euros and include statutory sales tax. If you choose the "PayPal" payment method, additional monthly fees may apply, which will be specified on the website before the contract is concluded.

5.1.2. Unless expressly agreed otherwise, in the case of a contract with a fee-based term, payment of the first usage fee is due immediately upon conclusion of the contract and then - if the contract is not terminated - at the beginning of the extension period.

5.1.3. If you agree to a fee-based "FIGHTER FITNESS PREMIUM" contract within the app, the billing will be done via the provider of the respective app store. Please inquire with the provider of the respective app store which means of payment they accept.

5.2. PRICE ADJUSTMENT RIGHTS
5.2.1 FIGHTER FITNESS is entitled to increase the monthly usage fees if the statutory sales tax rate increases, whereby the increase in the monthly usage fees is limited to the increased sales tax rate. FIGHTER FITNESS will exercise the right to increase prices by means of a declaration in text form (§ 126b BGB). The price increase will take effect on the first of the month following receipt of the declaration.

5.2.2 Insofar as the statutory sales tax is reduced, the monthly usage fees are reduced accordingly. The reduction occurs with the reduction in sales tax.

5.3. DEFAULT

5.3.1. If you are in default of payment, FIGHTER FITNESS reserves the right to charge you for default costs if these costs were culpably caused by you. In addition to interest on arrears at the statutory rate, this also includes the costs of appropriate legal action, in particular reminder and collection fees, court fees and attorney's fees.

5.3.2. If you are in arrears with the payment of an amount that corresponds to two monthly usage fees, FIGHTER FITNESS is entitled to terminate your contract extraordinarily for good cause. In this case, FIGHTER FITNESS is entitled to demand further compensation from you in accordance with the statutory provisions.

5.4. PROHIBITION OF OFFSET

You may only offset undisputed or legally established claims against claims by FIGHTER FITNESS. The possibility of offsetting any own claims against FIGHTER FITNESS for reimbursement of payments made after exercising an existing right of withdrawal (section 6) remains unaffected.

6. RIGHT OF WITHDRAWAL

As a consumer, you have a statutory right of withdrawal. In the following we will instruct you about the statutory right of withdrawal. In accordance with the legal model for the cancellation policy, we use “Sie” instead of “Du” as the salutation: Cancellation Policy RIGHT OF CANCELLATION You have the right to cancel this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day the contract was concluded. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired. CONSEQUENCES OF WITHDRAWAL If you withdraw from this contract, we will owe you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from that you have chosen a different type of delivery than the cheapest standard delivery offered by us) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for this repayment. that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for this repayment.
EXPIRATION OF THE RIGHT OF WITHDRAWAL Your right of withdrawal also expires in the case of a contract for the delivery of digital content that is not on a physical data carrier if we have started to perform the contract after you have expressly agreed that we will start performing the contract before the expiry of the The cancellation period begins and you have confirmed that you are aware that you will lose your right of cancellation by agreeing to the start of the contract. When concluding a contract via the mobile app, you can alternatively exercise an existing right of withdrawal via your user account with the respective app store provider. The conditions of the respective app store provider apply. The revocation depends on the way in which you took out your subscription.

Apple AppStore:
1. Go to reportaproblem.apple.com.
2. Sign in with your Apple ID and password.
3. If you see a Report or Report a Problem button next to the item you want to request a refund for, click it.
4. Follow the instructions on the page to select a refund reason and submit your request.
5. For more information about refund requests or other refunds that you can't request on reportaproblem.apple.com, contact Apple Support.

Google Play Store:
1. On your Android phone or tablet, open the Google Play Store
2. Tap on the three line menu on Subscriptions
3. Select the subscription you want to cancel
4. Tap Cancel Subscription
5. Follow the instructions

7. CONTRACT TERM / TERMINATION

7.1. CONTRACT PERIOD AND TERMINATION OF THE FREE CONTRACT With free use of the "FIGHTER FITNESS FREE" service, the contract begins with the start of use and ends automatically with the end of use, without the need for a declaration from either party.

7.2. CONTRACT DURATION AND TERMINATION OF THE PAID CONTRACT The following applies to the paid contract “FIGHTER FITNESS PREMIUM”:

7.2.1. When concluding the contract, you can choose between a contract with a fee-based term of one (1) month (see Section 7.2.2.) and a contract with a fee-based term of twelve (12) months (see Section 7.2.4.).

7.2.2. The following applies to a contract with a fee-based term of one (1) month: The "FIGHTER FITNESS PREMIUM" contract begins on the day the contract is concluded and initially has a contract term of one (1) month. If the contract is not terminated by the customer or by FIGHTER FITNESS before the end of the respective contract, the contract term is extended by a further three (3) months that are subject to a fee. The termination must be declared no later than on the last day of the respective one-month period. For technical reasons, a contract concluded via an app store can only be terminated with a notice period of 24 hours to the end of the respective contract.
7.2.4. The following applies to a contract with a fee-based term of twelve (12) months: The "FIGHTER FITNESS PREMIUM" contract begins on the day the contract is concluded and initially has a contract term of twelve (12) months. If the contract is not terminated by the customer or by FIGHTER FITNESS before the end of the respective contract, the contract period is extended by a further twelve (12) months, which are subject to a fee. The termination must be declared no later than on the last day of the respective twelve-month period. For technical reasons, a contract concluded via an app store can only be terminated with a notice period of 24 hours to the end of the respective contract.

7.3. RIGHT TO EXTRAORDINARY TERMINATION

The right of both contracting parties to extraordinary termination for good cause remains unaffected by the above provisions. An important reason is given in particular if you culpably violate your obligations or obligations from sections 3.2.2., 4.3., 4.4. or 4.5. violates.

7.4. DECLARATION OF CANCELLATION BY THE CUSTOMER If you conclude a contract via the mobile app, you must cancel your paid "FIGHTER FITNESS PREMIUM" contract in the settings of the respective app store. After termination of the fee-based "FIGHTER FITNESS PREMIUM" contract, your customer account will remain in place, subject to further termination.

8. PRIVACY

When you use the service, FIGHTER FITNESS processes your personal data. The type and scope of data processing are communicated in the data protection declaration, which can be called up at any time within the service.

9. PROGRAM INTERRUPTION AND INTERRUPTION / FIGHTER FITNESS LIABILITY

9.1. PROGRAM DISTURBANCES AND INTERRUPTIONS The following applies to paid plans:

9.1.1. In the event of disruptions to the program and/or complete or partial interruptions to the program, you are entitled to reduce the monthly usage fees for the relevant billing period proportionately according to the severity of the disruptions or interruptions. This does not apply if you or third parties you use (e.g. electricity or telecommunications providers) are responsible for the disruptions or interruptions, in particular if the disruptions or interruptions are caused by the fact that you have not fulfilled your obligations according to Section 4.1. have not complied.

9.1.2. A reduction is excluded if the disruption or interruption in question is only minor in relation to the overall service. A minor disruption or minor interruption exists in particular if, due to a disruption or partial interruption, the number of video courses that can be played back without disruptions or without interruptions exceeds the minimum number according to Section 3.1. is undershot in total for a period of less than 72 hours in the respective billing period. In the case of a complete interruption, however, any continuous interruption of more than 24 hours from the beginning of the 25th hour is considered to be a disruption or interruption that is no longer minor.

9.1.3. FIGHTER FITNESS is not responsible for any disruptions and/or interruptions beyond FIGHTER FITNESS' control, in particular due to force majeure (e.g. fire, storm, flood or other natural disaster) or in the event of acts or omissions of third parties ( e.g. telecommunications providers, electricity suppliers or other third parties).

9.2. LIABILITY OF FIGHTER FITNESS Incidentally, FIGHTER FITNESS is only liable for slight negligence in the event of a breach of essential contractual obligations (cardinal obligations), but in these cases the amount is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded, in the case of personal injury and in accordance with the Product Liability Act. Cardinal obligations are those obligations that make the proper execution of the contract possible in the first place and on whose observance you can regularly rely. Incidentally, the pre-contractual, contractual and non-contractual liability of FIGHTER FITNESS is limited to intent and gross negligence, whereby the limitations of liability also apply in the event of the fault of vicarious agents, vicarious agents and members of FIGHTER FITNESS' bodies.

10. FINAL PROVISIONS

10.1. APPLICABLE LAW The law of the Federal Republic of Germany applies, excluding the UN sales law (CISG). If you are a consumer, this choice of law does not result in you being deprived of the protection granted to you by those provisions from which the law of the country in which you have your habitual residence may not be deviated from by agreement (principle of favourability according to Art. 6 paragraph 2 of Regulation (EC) No. 593/2008 "Rome I").

10.2. NO PARTICIPATION IN CONSUMER DISPUTE RESOLUTION PROCEDURES The EU Commission provides an internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform serves as a contact point for the out-of-court settlement of disputes relating to contractual obligations arising from online contracts. The OS platform can be reached via the following link: http://ec.europa.eu/consumers/odr.

10.3. CHANGES TO THESE TERMS AND CONDITIONS FIGHTER FITNESS is entitled to change these General Terms and Conditions with effect for the future, with the exception of the main performance obligations. Main performance obligations are those obligations that make the proper execution of the contract possible and on compliance with which the contracting parties may regularly rely. FIGHTER FITNESS will notify you of the changes, give you an opportunity to object to the changes within a reasonable period of time after notification and specifically point out that the changes will take effect in the absence of an objection.

10.4. INEFFECTIVENESS OF INDIVIDUAL PROVISIONS Should one or more provisions of the contract be or become invalid, this shall not affect the validity of the contract or its remaining provisions.

Anfänger & Einsteiger