General Terms and Conditions „Sophia Thiel“

  1. 1. Scope
    1. 1.1. The present General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all services offered by 7NXT Health GmbH, Rungestraße 22–24, 10179 Berlin (hereinafter referred to as “Provider”) via the online portal “Sophia Thiel”, in particular to the paid 3-month multimedia nutrition and exercise program (hereinafter in total referred to as “Online Program”) provided to the Users for retrieval via the website accessible under URL www.sophia-thiel.com (hereinafter referred to as “Website”).
    2. 1.2. By using the online portal, at the latest, however, by ordering the Online Program in a legally binding manner, the User accepts the applicability of the present GTC.
    3. 1.3. In addition to the present GTC, the Provider’s “Data Protection Policy”, which - just as the present GTC - can be retrieved by the User at any time via the Provider’s Website, shall apply as well.
  2. 2. Participation requirements and important notices
    1. 2.1. The Provider expressly points out that the Online Program is designed for athletes with an extensive training experience and is only suitable for Users who are in good general health. Individuals who suffer from diabetes or are pregnant are advised to not participate in the Online Program without prior consultation of their medical doctor. The Online Program is also not suitable for treating pathological obesity. Participation in the Online Program is at one’s own risk.
    2. 2.2. If a User notices any signs of a cardiovascular disease, of respiratory problems, of a musculoskeletal disorder or of other health issues, a medical doctor should be consulted prior to the booking of the Online Program in order to exclude any potential risks of the participation. The participation in the Online Program can never be a substitute for a medical exam or treatment. The Provider does not provide any medical advice.
    3. 2.3. Moreover, the User should never overextend himself in the context of the participation in this Program and should refrain from jerky movements when performing the shown exercises in order to minimize the risk of injury from the outset. The User acknowledges that, apart from this, he participates in the Online Program at his own risk.
  3. 3. Offer and scope of services
    1. 3.1. The Provider is based in Germany and offers its multimedia Online Program against the payment of a one-time usage fee to all Users worldwide under the conditions specified in these GTC.
    2. 3.2. The type and scope of the services available to the User in the context of the Online Program, details regarding the available functions as well as their availability may be viewed on the Website at any time. The main component of the Online Program is the intangible provision of information on the topics of nutrition, activity and motivation for individual retrieval via the Internet for a limited period of time. The Program contents are provided to the Users exclusively in different digital formats (e.g. via the Website, via email, as pdf files or as video stream). The video recordings selected for display shall always be transmitted continuously to the terminal of the User (so-called “streaming”). Storing the videos for the purpose of permanent possession (“download”) or the delivery of the Program contents on a data carrier shall be excluded.
    3. 3.3. The access to the Online Program shall be open to the User for the duration of the Online Program indicated on the Website (currently twelve(12) weeks) for the three (3) months online program as well as for a subsequent period of a maximum of twenty-four(24) week during which the User may rejoin the three (3) month Online Program. (hereinafter referred to as “Usage Period”)
    4. 3.4. If the Provider issues coupons for the free usage of the Online Program, such coupons shall only entitle the User redeeming them to use the Online Program for a predetermined period of time to the extent specified in connection with the coupon. The Provider reserves the right to change, terminate early or discontinue a free coupon period at any time without giving reasons and without being required to make any advance announcement or to adhere to a notification period. The free usage of the Online Program by means of a coupon shall also be subject to the User's registration with the Provider. After the expiry of the free coupon period the services provided to the User free of charge shall be automatically terminated.
    5. 3.5. Discount coupons shall also only be valid within the respectively specified promotion period. Apart from this, the present GTC shall apply accordingly also to a participation in the Online Program for a price reduced by means of a discount coupon.
    6. 3.6. If, in addition to its paid offers, the Provider also provides contents and/or functions via the Website that can be used free of charge, such provision shall be subject to unannounced changes and/or discontinuance at any time or to a future continuance of the provision against a separate fee only. In addition, the Provider shall not be responsible for the completeness and/or accuracy of any contents and services offered free of charge. Apart from this, statutory warranty regulations shall apply in case of any shortcomings of the Online Program.
    7. 3.7. In order to be able to participate in the Online Program or to use the contents provided via the Website, the User must fulfill the necessary technical requirements at his own expense. He shall bear the cost for Internet access as well as any arising connection costs; such costs are not included in the services of the Online program. The Provider is currently not aware of any limitations regarding the interoperability or compatibility of the Online Program with the hard- and/or software components currently available on the market. The Online Program can be used with all common Internet browsers in their respectively latest version, both on desktop and on mobile devices. If at all, only older versions as far back as the third latest browser version are supported. However, especially due to potential security risks, it is recommended that the User always update his Internet browser before using the Online Program. Should the general technical standards in the Internet and, therefore, the technical standards of the Online Program as well, change in the future, the User will have to adapt to these changes at his own expense.
    8. 3.8. Through the provision of the Program contents for retrieval via the Account, the Provider has fulfilled its contractual obligation to provide the services owed. The Provider shall not be responsible for any loss of the provided data outside the Provider’s control, occurring, in particular, during the transmission of said data via the Internet. The same shall apply to the security of the User's data transmitted via the Internet.
  4. 4. Registration
    1. 4.1. In order to be able to use the Online Program, the User must register against a fee providing a valid email address, a personal password, one of the payment methods available and his consent to the present GTCs as well as to the Data Protection Policy of the Provider. The Provider stores the data provided by the User in the context of the registration and, after successful payment, will send a respective confirmation to the provided email address.
    2. 4.2. Since the Online Program provided by the Provider exclusively via intangible carriers starts and may be used by the User immediately after the successful registration of the User, it is, furthermore, required for the registration and participation of the User that, prior to submitting a legally binding order, the User provide his consent to the fact that the Provider will start to fulfill the contract even prior to the expiry of the statutory revocation period the User is entitled to, and that the User acknowledge that, by giving this consent, he shall lose his right of revocation upon the beginning of the contractual performance already.
    3. 4.3. By clicking the “Buy now” button, the User submits a binding offer for the conclusion of a paid contract regarding the participation in the Online Program subject to the condition precedent of the successful conclusion of the subsequent payment process. The participation contract between the Provider and the User shall enter into effect once the Provider accepts the User's offer by means of a confirmation email sent immediately after the successful execution of the selected payment method.
    4. 4.4. The Provider reserves the right to reject individual User registrations without giving reasons.
  5. 5. User account
    1. 5.1. Immediately after the successful conclusion of the registration, an individual user account (hereinafter referred to as “Account”) shall be available to the User for the agreed usage. In the Account, the User has the option to enter additional personal data (size, weight, target weight and his name), which will also be stored by the Provider.
    2. 5.2. By providing his email address and the password chosen by the User himself, the User may access his Account and the Online Program at any time via the login area on the Website.
    3. 5.3. In the “My Account” section of the Website, the User can manage his personal data (name, password and email address). Any information of the User exceeding the data requested during registration shall be provided on a voluntary basis.
    4. 5.4. The personal Account of the User is protected against third-party access by the password chosen by the User. The User shall be obligated to treat his password confidential and to ensure with the necessary care that third parties do not obtain access to it. The User shall be expressly prohibited from passing on his access to the Online Program to third parties and/or from authorizing third parties to use his Account. The User shall be solely responsible for ensuring that his access data is not unlawfully used by third parties for accessing the Online Program. If the User suspects that his access data has been lost or stolen, or if the personal Account of the User appears in any other way to have been used by third parties, the User shall be obligated to notify the Provider immediately and to change his password via his Account.
    5. 5.5. As a general rule, the User shall be permanently logged in (“soft login”) when he is using the Online Program, until he actively logs out via the Logout button or until the respective browser cookies are deleted. The User is aware of the general risk that third parties might be able to access his Account and any personal data stored therein, if a logged in terminal of the User is at their disposal. It is also known to the User that, even if it is not used actively, a logged in terminal might exchange data with the Provider in the background, which might, if applicable, make use of and impact the data volume provided to the User by his Internet provider. It is therefore recommended that the User actively log out from the online portal at the end of each usage of the Online Program.
    6. 5.6. If the User does not renew his access to the Online Program within six (6) months after the end of the previous Usage Period, the Provider shall be entitled to irrevocably delete the Account of the User and any data of the User stored therein.
  6. 6. Usage authorization
    1. 6.1. It shall be expressly pointed out to the User and the User herewith expressly acknowledges that the contents provided by the Provider in the context of the Online Program are provided to him for a limited time only and subject to certain restrictions. The User is, in particular, aware of the fact that, unless expressly specified in these GTC, the Provider remains the holder of all the rights to the contents provided, especially to all copyright protected usage rights and other industrial property rights.
    2. 6.2. By acquiring usage access to the Online Program, the User obtains the non-exclusive and non-transferrable right to retrieve and to use for private purposes the contents provided to him by the Provider via the online portal and to load them for the purpose of a private display in the RAM of his terminal. The contents of the PDF files and web pages may also be downloaded, stored and printed by the User for permanent private use. However, passing on these documents to third parties shall not be permitted. Likewise, the User shall be prohibited from copying and/or archiving the videos only retrievable via the online portal.
    3. 6.3. Any other usage of the contents provided by the Provider that is not specified in these GTC requires the express written consent of the Provider or of the holder of the respective rights. This shall apply, including without limitations, to a public display of the contents irrespective of the form, their dissemination, processing or other private or commercial exploitation.
  7. 7. Prices, payment and invoice
    1. 7.1. The price of the Online Program specified on the Website shall be a binding final price and include the respectively applicable statutory VAT. This shall also apply if the service of the Provider is not subject to VAT. The Provider reserves the right to change the specified participation fee for the usage of the Online Program at any time as well as, if applicable, to grant individual user groups discounts and/or other better conditions.
    2. 7.2. The fee for the participation in the Online Program agreed in the context of the registration process shall become due immediately upon the transmission of the confirmation email to the User and shall be charged to the User in advance via the payment method chosen by the User. The payment methods offered by the Provider are shown to the subscriber at the beginning of the registration process. Currently, payment options are payment by credit card, “SOFORT Überweisung” (immediate wire transfer), giropay or PayPal, wherein the payment is processed by the external payment service provider ADYEN NL, Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, The Netherlands. The Provider reserves the right to change the payment methods offered at any time and/or to exclude specific payment methods in individual cases.
    3. 7.3. If the payment by the User is reversed after the contract has entered into effect, the Provider shall notify the User immediately via Email (hereinafter referred to as “Payment Reminder”). In this case, the User shall be obligated to transfer the overall amount due, which is specified in the Payment Reminder, within five (5) business days into the bank account specified by the Provider. In case of a reversal of the payment, the Provider shall be entitled to temporarily lock the User’s Account. However, the User shall remain obligated to pay the outstanding amount. In addition, the User shall be obligated to reimburse the Provider for any potential banking fees as well as for any other costs incurred by the Provider due to the reversal of the payment caused by the Customer (e.g. due to a lack of solvency). The Provider expressly reserves the right to assert further claims for damages.
  8. 8. Terms and termination
    1. 8.1. The paid usage contract regarding the participation in the Online Program shall begin immediately after the successful conclusion of the registration process, once the Provider grants access to the Online Program, and shall have a single term of 24 weeks. Afterwards, the contractual relationship shall be terminated automatically.
    2. 8.2. An ordinary termination of the usage contract shall be excluded for both Parties.
    3. 8.3. This shall not affect the right to an extraordinary termination for good cause without a notice period. The Provider has good cause, in particular, if the User breaches his obligations arising from section 11 and does not change his conduct within a reasonable period of time despite a respective request by the Provider or respectively does not cure the objectionable state or repeats the breach objected to.
  9. 9. Notice of right to withdraw
    1. 9.1. Notice of right to withdraw

      You have the right to withdraw this contract within fourteen days without giving reasons. The withdrawal period is fourteen days starting on the day of the conclusion of the contract.


      In order to exercise your right to withdraw, you shall inform us



      7NXT Health GmbH
      Rungestraße 22–24
      10179 Berlin

      Fax: +49 (0)30 319 880 859

      info@sophia-thiel.com

      of your decision to withdraw this contract by means of an unequivocal declaration (e.g. a letter sent by mail, a fax, or an email).
      You may use the sample withdrawal form available under the following link, the use of which, however, is not mandatory:

      Revocationform.pdf

      In order to comply with the withdrawal period, you must send the withdrawal notice to the Provider prior to the expiry of the withdrawal period.
    2. 9.2. Consequences of withdrawal

      If you withdraw this contract, we will refund any payments we received from you, including shipping costs (except any additional costs arising due to choosing a delivery method other than the low-cost standard delivery offered by us) immediately and no later than within a period of fourteen days from the day on which we received your notification of withdrawal of this contract. For this refund, we will use the same payment method as the one you used for the original transaction, unless we expressly agreed something different with you; in no case will we charge you any fees for this refund.

    3. 9.3. Premature expiration of the right to withdraw

      In accordance with sec. 356 para. 5 BGB [German Civil Code], in the case of a contract for the supply of digital content that is not contained in a tangible medium, your right of revocation expires prematurely if the Provider began with the performance of the contract after you

      1. 1. had expressly consented to the Provider beginning with the performance of the contract prior to the expiry of the withdrawal period, and
      2. 2. had acknowledged that by your consent you would lose your right to withdraw upon the commencement of the performance of the contract.
      End of the notice of right to withdraw
  10. 10. Customer Support
    1. 10.1. In case of questions and/or problems in connection with the Online Program, the Provider’s customer support shall be available to all Users of the Online Program. Email address:
      info@sophia-thiel.com
    2. 10.2. The most common questions and/or problems can regularly be answered/solved with the help of the answers on the “Questions” page, which can also be retrieved via the Website.
  11. 11. User guidelines
    1. 11.1. The access to the Online Program granted to the User shall be assigned to the User personally and be non-transferrable. Accordingly, it may only be used by the User who has registered with the Provider with his Email address or respectively with his name. The User shall safeguard his password and protect it from any misuse. The User is aware of the fact that the Provider may hold him liable for any loss the Provider incurs due to an inadmissible disclosure of the User’s access data to third parties which the User is responsible for.
    2. 11.2. The User undertakes to not misuse his access to the online portal. It is, in particular, a misuse of the online portal, if, without being authorized to do so, the User attempts to obtain access to the Provider's systems, to change, delete or suppress data or to render it unusable, or if he otherwise violates the present GTC.
    3. 11.3. In addition, the following acts shall be expressly prohibited for all Users of the online portal:
      1. 11.3.1. passing on one’s own access data to the Online Program and/or using third-party user accounts of the Provider;
      2. 11.3.2. using software, scripts, mechanisms or other technical tools suitable for impacting the operation of the online portal or the Online Program;
      3. 11.3.3. decompiling or disassembling the Online Program or respectively the software programs it is based on, or translating them into readable source code by means of reverse engineering;
      4. 11.3.4. any commercial use of the functions and/or contents of the Online Program, in particular the complete and/or partial letting or lending of the access data to the Online Program;
      5. 11.3.5. any act of usage regarding the Online Program and/or a content provided via the Online Program that is, in itself, relevant to copyright law, in particular, the copying or dissemination of the Online Program and/or such a content, or making them publicly available, unless such acts are expressly permitted by these GTC or by the respective usage contract.
      6. 11.3.6. using the Online Program for publicly displaying the contents retrievable via the Online Program for free or against payment;
      7. 11.3.7. using the access to the Online Program, if necessary with the help of other programs or tools, for the purpose of a permanent storage and/or transfer of the contents provided via the Online Program, unless this is expressly permitted by these GTC;
      8. 11.3.8. circumventing technical measures, such as the copyright settings of the video player, provided by the Provider, the licensor or third parties, which serve the purpose of protecting the contents provided via the Online Program from unauthorized acts of exploitation;
      9. 11.3.9. any act that is suitable for impacting, in particular unreasonably burden, the functioning of the Online Program or its infrastructure;
      10. 11.3.10. removing and/or changing existing notices regarding copyrights, trademarks or other industrial property rights.
    4. 11.4. The Provider reserves the right to temporarily or permanently exclude any user breaching the present GTC from the usage of the Online Program.
    5. 11.5. In addition, the User shall be liable vis-à-vis the Provider for any loss the latter incurs due to the User's misuse or otherwise unlawful use of the Online Program. The User undertakes to fully indemnify the Provider in such a case upon the Provider’s first request from any claims and/or demands of third parties which are asserted due to a culpable infringement of rights by the User. This shall also include any costs for legal action and attorneys’ fees. Moreover, the User shall be obligated to support the Provider in its defense against such third-party claims.
  12. 12. Availability and liability
    1. 12.1. The User knows and herewith expressly acknowledges that, for technical reasons, an uninterrupted availability of the Online Program cannot be guaranteed. Especially regularly required maintenance and security work, serving the maintenance and improvement of the Online Platform, as well as unpredictable events beyond the Provider’s control occasionally require a disconnection of the systems from the Internet so that temporary downtimes may occur. The Provider shall make best efforts to limit necessary service work to nighttime.
    2. 12.2. The Provider shall bear the unlimited liability for any loss incurred due to damage to life, body or health. The Provider shall only be liable for any other loss if the Provider, its legal representative or one of its agents has breached a material contractual obligation (i.e. an obligation the fulfillment of which only makes the proper performance of the contract possible in the first place, the breach of which jeopardizes the achievement of the contractual purpose and in the fulfillment of which the User regularly trusts, so-called “material obligation”) or if the loss is due to the gross negligence or intent of the Provider, its legal representative or one of its agents.
    3. 12.3. If a culpable breach of a material contractual obligation is not due to gross negligence or intent, the liability of the Provider shall be limited to such typical losses that were reasonably predictable for the Provider at the time of the conclusion of the contract.
    4. 12.4. The limitations of liability in sections 12.2 and 12.3 shall apply to contractual as well as to extra-contractual claims and shall apply both in favor of the legal representative and the agents of the Provider if claims are asserted directly against them.
    5. 12.5. The above provisions shall not affect statutory liability due to mandatory statutory provisions, including the ones of product liability law.
  13. 13. Changes to the GTC
    1. 13.1. The Provider shall be entitled to change these GTC at any time.
    2. 13.2. If the GTC are being changed, the Provider shall notify the User in writing or per email. The User's consent to the respective changes to the contract shall be deemed given, unless the User objects to the change to the GTC within four (4) weeks after receiving the change notification. In connection with the change notification, the Provider shall once again expressly point out the consequences of a failure to object.
    3. 13.3. If the User refuses to consent to the changes to the GTC affecting an existing contractual relationship, said contractual relationship shall be continued under the old conditions until the expiry of the respectively current Usage Period of the Online Program. However, afterwards, a new participation in the Online Program shall only be offered to the User under the respectively current GTC.
    4. 13.4. The respectively current version of these GTC can be retrieved by the User at any time under URL “www.sophia-thiel.com/en/terms”.
  14. 14. Alternative dispute resolution
    1. 14.1 Alternative dispute resolution under the Consumer Dispute Settlement Act (VSBG):
      7NXT does not take part, and is not obliged to take part, to a dispute resolution procedure.
  15. 15. Final provisions
    1. 15.1. The Provider shall be entitled to fully or partially transfer any contracts with the User subject to these GTC with discharging effect to a third party. The User herewith consents to such a takeover of the contract at this point in time already. If the Provider makes use of the transfer option, the User shall be entitled to extraordinarily terminate his contract without a notice period.
    2. 15.2. All legal relationships between the Provider and the User shall be exclusively governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
    3. 15.3. If the User does not have a general place of jurisdiction in Germany or in another EU member state, is a merchant, or moves his domicile abroad after these GTC enter into effect, or if his domicile or habitual residence are unknown at the time an action is filed, the exclusive place of jurisdiction shall be Munich.
    4. 15.4. A registration for the Online Program can be made via the Website in German or English.

Stand: 1st Janurary 2017