Alpha Progression

Terms of Service

1. General

1.1. Scope and subject matter of the contract

These General Terms and Conditions (hereinafter: GTC) set out the legal framework for the use of the Alpha Progression App, unless otherwise agreed.

The Alpha Progression App (hereinafter: app) is a strength training app that creates workout plans based on your needs and preferences, gives you progression recommendations, and allows you - among many other features - to record and evaluate your workouts.

You may only use the app if you are over 18 years old.

The contract language is English.

1.2. Provider

Provider of the app is:

Alpha Progression - Schnabel & Sinapius GbR
Goltzstr. 13a
10781 Berlin
Germany

+49 171 7887 989
info@alphaprogression.com

2. Services

2.1. Free and paid services

You can use the app in the free basic version or the paid Pro version. If you use the basic version, the range of functions is limited. Only in the Pro version, all features are available to you. A pro feature is, for example, that you can have the app create training plans for you that are customized to your needs and preferences. You can test the Pro version for two (2) weeks for free.

The exact scope of services of the basic and Pro version is specified in the app description in the Apple App Store (hereinafter: App Store) or Google Play Store (hereinafter: Play Store) in the version valid at the time of conclusion of the contract.

2.2. Changes in the scope of services

You have no right to demand that the app contains certain content. We are entitled to change the scope of services of the app if this is reasonable under consideration of your interests.

3. Conclusion of the contract

3.1. App download

First, you need to download the app from the App Store or Play Store.

3.2. Basic version

You can use the basic version without or with registration. Registration offers you the advantage that your data is stored in the cloud. In both cases you have to accept our GTC and privacy policy.

If you decide to register, you must enter your email address and a password of your choice and click on "Sign up". You will then receive an email from us. The registration is only completed when you click on "Confirm registration" in this email and the successful confirmation of your registration is displayed in your browser.

3.3. Pro version and trial

You can purchase or try the Pro version as part of a subscription. To purchase or try the Pro version, you can click on content marked as paid in the app or click on "Try for free" on the website.

You can choose between a subscription with an initial term of (1) one month or a subscription with an initial term of (12) twelve months. When subscribing in the app, you will be redirected to the App Store or Play Store after selecting a subscription option. There, you usually have to confirm the purchase with your App Store or Play Store password. With this confirmation, the paid contract for the use of the Pro version is concluded. When subscribing via the website, after selecting a subscription plan and providing your AP email address you will be redirected to Stripe's checkout. The paid contract comes into effect after you have entered your address and payment details and confirmed the purchase.

Both subscription offers are preceded by a two-week trial period. During this trial period you can use the Pro version to its full extent. The initial term of your subscription will start only after the trial period has ended and you have not canceled the subscription during this trial period via the App Store, Play Store or via "Update subscription" on the website.

If you cancel your subscription during the trial period, your account will be downgraded to the basic version after the trial period ends. If you decide to subscribe at a later point in time, the initial term of the subscription will start immediately after you confirm your purchase in the App Store, Play Store or Stripe checkout - i.e. without a trial period. Each user is only allowed to go through the trial period once.

4. Your obligations

4.1. Health requirements

You use the app at your own risk. Your general health should be good. If you have known pre-existing conditions, you should consult a doctor to determine whether your physical conditions are suitable for training with the app. This is especially true if you know that you have or have had one or more of the following medical conditions / procedures / diseases:

(1) joint problems
(2) surgical procedures
(3) cardiovascular diseases
(4) diseases of a neuromuscular nature
(5) asthma or other pulmonary or respiratory diseases
(6) other health limitations.

As a woman, you should not exercise with the app if you are pregnant or breastfeeding.

The contents of the app are not to be regarded as medical advice. Accordingly, they are not a substitute for medical treatment or advice.

It is your responsibility to check the suitability of the given training contents within the framework of your individual health and physical conditions. Listen to your body. If, for example, you have joint pain during an exercise, then drop or replace this exercise with a comparable exercise that does not cause you pain. If, for example, the weight or number of repetitions of a recommendation seems too high, adjust the parameters downward according to your abilities. You should only go close to muscle failure under the supervision of a competent spotter / training partner who can come to your aid in case of doubt.

4.2. Scientific foundation of the training methods

We always try to align the content of the app with the latest sports science findings. However, since these findings are constantly evolving, we cannot guarantee that the contents of the app correspond to the latest sports science findings.

4.3. Rights of use

We own the rights to the copyrighted or otherwise protected content of the app. You only have a simple and non-transferable right to use this protected content privately within the scope of the contract terms and may not pass your access data on to third parties.

4.4. Conduct obligations

You are obligated to refrain from all actions that impair the functionality of the app. This includes, for example, the use of scripts that access the app.

4.5. Modification of your data

If your contract-relevant data changes (name, address, email address), you have to inform us immediately.

5. User fees

5.1. Amount of user fees

When you sign a contract, the current prices at that time apply. You can find an overview of the current prices in the app description of the App Store or Play Store, on the website or in the app itself if you click on a content marked as chargeable in the app.

5.2. Payments due date

For a subscription with a term of (1) one month, payment is due immediately in advance at the beginning of each billing month.

For a subscription with a term of (12) twelve months, payment is due immediately in advance at the beginning of each billing year.

The first billing period starts on the day you subscribe and thus enter into a contract.

6. Withdrawal policy

6.1. Right of withdrawal

If you conclude a user contract or a subscription contract with us, you are entitled to the following right of withdrawal.

You have the right to cancel the contract within (14) fourteen days without giving any reason. The withdrawal period is (14) fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must:

Alpha Progression - Schnabel & Sinapius GbR
Goltzstr. 13a
10781 Berlin
Germany
info@alphaprogression.com

by means of a clear statement (e.g. a letter sent by mail or email) about your decision to cancel the contract. You can use the attached sample withdrawal form, which is not mandatory.

If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such a withdrawal. To comply with the withdrawal period, it is sufficient that you send the notification of the execution of the right of withdrawal before the expiry of the withdrawal period.

6.2. Consequences of withdrawal

If you withdraw from the contract, we will reimburse you all payments that we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and no later than (14) fourteen days from the day on which we received the notification of your withdrawal from the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless explicitly agreed otherwise with you. In no case will you be charged for this repayment.

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.

6.3. Lapse of the right of withdrawal

Your right of withdrawal shall also expire in the case of a contract for the delivery of digital content that is not on a physical data carrier if we have commenced performance of the contract after you have explicitly agreed that we commence performance of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that you lose your right of withdrawal through your agreement with the commencement of performance of the contract.

6.4. Model form for your withdrawal

If you want to cancel the contract, please fill out this form and send it back to us:

Alpha Progression - Schnabel & Sinapius GbR
Goltzstr. 13a
10781 Berlin
Germany
info@alphaprogression.com

- I/we (*) hereby withdraw the contract I/we (*) concluded for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
Da

_______
(*) delete as appropriate.

7. Contract termination

7.1. Account deletion

You can have your account deleted at any time by sending an informal email to info@alphaprogression.com.

7.2. Contract period and termination

Your subscription will automatically renew for (1) one additional month for a subscription with an initial term of (1) one month or for (1) one additional year for a subscription with an initial term of (1) one year if you do not cancel your subscription in the App Store settings at least 24 hours before the contract expires or no later than the last day of the contract term in the Play Store or via "Update Subscription" on the Website.

After a valid termination, your subscription remains valid until the end of the contract. During this time you can continue to use the Pro version. Afterwards your account will be downgraded to the basic version.

We may terminate your subscription at the end of the Initial term or at the end of the renewal term upon (2) two weeks prior written notice.

7.3. Termination for cause

Both parties have the right to terminate for cause, which remains unaffected by the above provisions. For example, we reserve the right to delete your account if you repeatedly or seriously violate these terms and conditions or are in default of payment despite a reminder.

8. Privacy

When using the app, we process your personal data in accordance with our privacy policy. This privacy policy informs you about the nature and extent of data collection and shows you how we use your data.

9. Liability

9.1. General

In order to avoid health or injury risks, the training instructions in the app must be followed by you, provided that you are physically fit and in good health (see section 4.1.).

It is your responsibility to ensure the proper functioning of any equipment or aid used (e.g. a machine or barbell).

9.2. Liability for free content

If you use free content of the app, we are only liable for damages due to intent and gross negligence or the lack of a guaranteed feature, regardless of the legal reason.

In principle, we are liable without limitation in the case of intent. Should we act with gross negligence or should a guaranteed characteristic be missing, our liability shall be limited to the typical, foreseeable damage. Our liability is otherwise excluded.

9.3. Liability for paid content

If you use paid content of the app, we are liable without limitation for damages due to intent and gross negligence or the lack of a guaranteed feature, regardless of the legal reason.

Our liability is limited to the typical, foreseeable damage if we violate an essential contractual obligation only with slight negligence. As soon as an obligation is necessary for the fulfillment of contractual purposes and you can or could have relied on its fulfillment as a consumer, this obligation is considered "essential".

In the event of injury to body, life or health for which we are responsible, our liability shall remain unaffected by the aforementioned limitations. Our liability is otherwise excluded.

9.4. Liability of our employees

Our limitations or exclusions of liability shall apply equally in favor of our agents and employees.

9.5. Product liability

Claims under the Product Liability Act shall remain unaffected by the aforementioned limitations or exclusions of liability.

9.6. No guarantee of reaching your training goals

We do not guarantee that you will achieve your training goals by using the app. The training result is also influenced by factors that cannot be controlled, such as your genetic makeup. Accordingly, it may happen that different people achieve different results when using the app in the same way.

9.7. Legal provisions for claims based on defective performance

The statutory provisions for claims based on defective performance apply and your rights as a consumer remain unaffected in any case.

10. Final provisions

10.1. Applicable law

These GTC and all legal relations between you and us are subject to the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

10.2. Jurisdiction

If you do not have a general place of jurisdiction in Germany or in another EU member state or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions have become effective or if your place of residence or usual place of abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business.

10.3. Contract language

The contract language is English.

10.4. No participation in consumer dispute resolution proceedings

The EU Commission provides a platform for out-of-court dispute resolution that allows you to settle disputes related to your online order out of court.

Here you can find the dispute resolution platform: https://ec.europa.eu/consumers/odr

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

10.5. Changes to our GTC

We are entitled to change our GTC with effect for the future if the changes are reasonable under consideration of your interests. We will of course inform you in advance about the nature and scope of the changes and give you the opportunity to object to these changes within a reasonable period of time. In addition, we will inform you that the changes will become effective in the absence of an objection.