1. Preliminary remarks
An online offer can be found at www.muscle-heroes.com for the following product: Muscle Heroes, which supports a private end User (herienafter "User") through a fitness program, including nutrition tips.
The contractual partner and responsibe authority is
HRB 79227 // VAT ID: DE303966009
Mei Li-BERLIT, Manager Director
Am Wehrhahn 50
DE-40211 Düsseldorf - Germany
The following terms and conditions (GTC) shall govern any cooperation between Providers and Users of the online service www.muscle-heroes.com.
1.2 User terms and conditions or conditions that deviate from these terms and conditions do not apply.
1.3 We also note that in cases where it is apparent that online services are provided by cooperation partners, their terms and conditions will take precedence.
2. Content, contract conclusion
Muscle Heroes is a sports and nutrition program (hereinafter "product" or "program"), consisting of sport, nutrition and motivation content, available at www.muscle-heroes.com (hereinafter "platform"). Participation in the program is free of charge. However, Users may opt for additional chargeable services.
2.2 Free content
Registration on the platform is free of charge. Users can participate in the training program for free. There is no obligation to opt for paid content. The program can be used without opting for chargeable additional services. In particular, the following services are available in the free version:
- participation in the Community; here Users can find and follow friends, interact with them through public posts or by private message about their training and experience and motivate each other.
- Access to basic exercises
- Access to basic workouts
For this, the User must register on the www.muscle-heroes.com homepage. In addition, a free newsletter and an e-mail recommendation service is available. Users can subscribe to this by clicking on the desired newsletter in their profile settings under the menu item [emails]. Newsletter subscription can be cancelled at any time via the settings menu or from the link at the end of every newsletter.
2.3 Paid content
In addition to the free program, the Provider offers various paid programs. The User is not obliged to opt in to these services, which would make their training experience even more effective. Users can also opt for paid content as described under 2.4.
Initially, the User has the possibility of choosing a 3-month training program. Following completion of the initial program, the User can select the 6-month or 12-month follow-up program.
The program consists of a training plan as well as program content in the form of emails, PDF documents, video streaming and an online software tool.
The additional chargeable programs provide access to the following additional content:
- more exercises and workouts,
- Access to a nutrition guide,
- Access to a "Coach", a personal, individualised, weekly training plan
- Access to statistics
2.4 Contract conclusion
If the User would like to select a paid program, they may do so via the [GET YOUR COACH NOW] button. They will then be redirected to a page where the User can select the desired payment method. With the [PAY NOW] button, the User submits an offer to conclude the contract for the selected training program. A confirmation email will be sent as acceptance by the Provider. The contract shall hereby be concluded.
By registering and supplying appropriate bank details or necessary payment information, subscribers grant the Provider a debit authorisation. By issuing debit authorisation, a fee is collected from the subscriber's account. In case of a chargeback for which the subscriber is responsible (e.g. due to insufficient funds in the supplied account), failed debit chargeback fees in the amount of 6.50 EUR shall be collected by the payment service for every chargeback. These chargeback fees shall be passed on by the Provider to the customer. In addition, fines shall be charged in the case of late payments. The subscriber is entitled to prove that no or negligible damage is incurred. In this case, the charge shall be reduced to the proven sum. Outstanding debt shall remain fundamentally unresolved.
The collection is carried out by the payment method selected by the customer, e.g. direct debit or credit card.
3. Costs, contractual period, termination
3.1 The following additional programs are offered on the platform
- 3-month entry program
- 6-month follow-up program
- 12-month follow-up program
The current fees for the respective programs can be found at https://www.muscle-heroes.com/get-pro .
All prices are inclusive of VAT.
3.2 The fee for the initial program is valid for one-time participation. Use ends automatically after the three months. It will not be renewed automatically and does not need to be terminated.
The fees for the follow-up programs will become payable in the specified cycle. The follow-up programs can be terminated from 14 days before the end of each cycle. If no termination notice is given, then the contract duration is automatically extended by the previous contract period. Subscription can be terminated by phone on 08005895405 or by email at firstname.lastname@example.org . This will be the date of termination.
3.3 This does not affect the legal right to extraordinary termination for good reason. A good reason for termination would, in particular, include false identity given by the customer for contract initiation or breach of material contractual obligations. Such good reason for the Provider in particular would be
- if the User persistently breached obligations pursuant to paragraph 5 and 6;
- if the User's credit card or the account cannot be charged or the User payments in accordance with 3.1 are delayed for other reasons; or
if the User provides false, inaccurate or incomplete information about himself, or the Provider has reason to believe that such false or incomplete information has been provided, and the User does not remedy this even after setting a deadline.
4. Notice of cancellation
Right to withdrawal: you may revoke your contract within two weeks without stating a reason. The withdrawal period is 14 days from the date on which the contract is concluded. To comply with the time limit, it is sufficient that the cancellation be sent in good time. To exercise your right of withdrawal, you must expressly inform the Provider by means of a clear statement of your decision to do so (e.g. by letter, fax or email). You can use the attached withdrawal form template, which is however not mandatory.
The withdrawal must be sent to: phone 08005895405 (EUR 0.14 per minute from a landline; maximum of EUR 0.42 per minute from mobile networks). The withdrawal may also be sent via email to email@example.com.
Consequences of withdrawal:If you withdraw from this contract, we will refund all payments received from you, including shipping charges (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notice of withdrawal. We use the same method of payment to refund the customer that was used for the initial transaction, unless otherwise expressly agreed; in no instance will the customer be charged fees for this refund.
If you already asked for the services to begin during the period prior to withdrawal, you will have to pay an appropriate amount corresponding to the service already provided up to the date on which you notified us that you were exercising your right to revoke this agreement, prorated to the total scope of services provided for in the contract.
Sample withdrawal form
(If you would like to withdraw from the contract, please complete this form and send it back.)
- To Muscle Heroes Service Center Email: firstname.lastname@example.org
- I/We (*) hereby give notice of withdrawal from my/our (*) contract of sale of the following goods (*)/ provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for written notification)
(*) Delete where inapplicable
5. Access authorisation & participation requirements
5.1 Registration is necessary in order to access the content of Muscle Heroes. Explicit User consent is required for both the free newsletter and the fee-based program. For this the so-called double opt-in method is used, i.e. the User must register via the registration portal of the Muscle Heroes website. Then, the User will receive a confirmation email and must again expressly agree to registration by clicking on the confirmation link in the email.
5.2 Access authorisation of a registered User is only valid for them. Disclosure of this access to third parties by the User is prohibited. In particular, the User will ensure the access data is secured and protect it against access from third parties.
5.3 An Internet browser is required to access Muscle Heroes content. For reasons of data protection and data security, the Provider only supports the three most recent versions of the most popular Internet browser. It is recommended that Users with an older version of the program update to the latest version.
5.4 The use of Muscle Heroes is exclusively reserved for consumers aged 18 and up. A consumer is any natural person who enters into a legal transaction for purposes that can be primarily attributed neither to their commercial nor to their independent professional activity (§13 German Civil Code) Users who want to use the program for industrial or commercial reasons are excluded from participation.
6. User obligations
6.1 In conjunction with the use of the platform, the User shall
- protect his access credentials against unauthorised access by third parties and not disclose these to unauthorised Users;
- not misuse this platform or allow it to be misused, in particular shall not use or send messages or texts with illegal or immoral content.
- refrain from any attempt, either personally or through unauthorised third parties, to illegally retrieve information or data from the platform, or intervene or allow intervention into programs that are not operated by the Provider, or enter the Provider's databases or data networks without authorisation;
- transmit any viruses or other malicious programs on the platform.
- release the Provider from any third party claims that are based on an unlawful use of the platform by the customer. If the User recognises or should recognise that there is the threat of such an infringement, he is under an obligation to immediately inform the Provider.
- The Provider reserves the right to disable access to the software and its data following timely written notice as a result of a violation on the part of the User of one of the obligations or duties laid down in these conditions. Access shall only be restored when the infringement of the relevant obligation or duty has been permanently eliminated and the recurrence risk is secured through a penalty clause declaration issued to the seller. In this case, the User no right to a claim against the Provider for not providing a service.
6.2 The User agrees to obtain medical advice about his health and physical suitability to undertake this program before participating. The same applies if health problems or changes occur during participation. When using the nutritional guides and other diet-related content, the User shall ensure that he is responsibly informed of the content of the proposed food and shall check the ingredients against present sensitivities and allergies.
6.3 Users shall conduct themselves in a friendly manner, respect and tolerate the opinion of others and refrain from promoting any content that incites hatred or offence to other persons, individuals or groups of people, especially when participating in the Community.
7. Scope of use
7.1 All rights, particularly intellectual property and rights of use to the the provided contributions, articles, photos, videos, etc. in relation to the User belong exclusively to the Provider.
7.2 The User is entitled to use the respective contribution made available for private use and save it into the memory of their computer. Downloading and temporary storage of PDF documents for private purposes is permitted. The User is entitled to copies of web pages or PDF documents purely for personal and private information purposes. The documents may not be disclosed to third parties. Storing and archiving of videos provided online is prohibited.
7.3 All other use (including but not limited to reproduction for commercial purposes, for transfer to or processing by third parties for individual or other purposes or for reproduction, translation, adaptation, arrangement or other changes) require the prior, written consent of the Provider. Extended possibilities for use can be purchased from the Provider.
7.4 The User may not remove the copyright notices, trademarks or other reservations of rights from the downloaded documents. He is obliged to ensure the recognition of authorship.
8.1 The Provider is only liable in case of intent and gross negligence. Liability of the Provider is excluded in all other instances.
8.2 The above limitations do not apply to injury to life, limb and health.
8.3 The Provider shall endeavour to make the Muscle Heroes platform and its content available 24 hours, 7 days a week, but is not obliged to do so. He is not liable for any failure or non-availability of content or the platform.
8.4 The product does not constitute a replacement for medical treatment or medical advice. The User is aware that the content is not individualised and due to the exclusive Internet platform, cannot respond individually to particular Users. Especially not regarding the health and physical condition of individual Users. Users are obligated to consult a doctor or seek medical advice to assess their health and determine their physical suitability to participate in the Muscle Heroes program. The program is exclusively intended for people in good health. The Provider shall not be liable for the participation of persons not of suitable health and physical condition.
8.5 The User is liable for all consequences and losses that arise for the Provider through improper or illegal use of the services, or otherwise arise from the User's failure to comply with his contractual obligations (including but not limited to the obligation to maintain password confidentiality). The User shall indemnify the Provider of any claims or demands made by third parties due to infringement of rights by the User or due to content created by the User at first request, including applicable legal and other professional costs. Furthermore, the User undertakes to assist the Provider in the defence of such claims.
8.6 Content liability
8.6.1 Own Content
As a service Provider, the Provider is responsible for the content available under the offer, in accordance with §7 para. 1 of the German Telemadia Act under general laws. The Provider presents posts and information in good faith, however does not guarantee their accuracy, completeness or timliness. References and links to third party websites do not reflect the Provider's own views. The content does not establish any responsibility on the part of the Provider for data and information contained in other websites. The Provider has no influence over the content behind the link and therefore is not liable for illegal, incorrect or incomplete content or for damage caused by the use of linked content.
8.6.2 Third-party content
According to the statuatory provisions of §§ 7 to 10 of the German Telemedia Act, the Provider is not obligated and furthermore not in a position to comprehensively examine or challenge the legality of posts uploaded and published by third parties, including posts in the Community, or to monitor or investigate circumstances that indicate illegal activity. This also applies to links.
8.6.3 Blocking / removing illegal content
Should the Provider receive knowledge of third party infringing content or linked third party websites, the corresponding content/ links will be immediately removed. The Provider reserves the right to block or permanently remove Users from the content made accessible within the Community, including links.
9.1 All content (information, text, graphics, photos, questions, suggestions, feedback, news, comments, ideas, recipes, notes, drawings, articles and other materials), which are posted on the website (hereinafter "posts"), is the sole responsibility of the person who created the post.
9.2 The Provider does not guarantee the accuracy, the content or quality of User posts.
9.3 While the Provider allows the transfer of posts within the Community, he acts solely as passive agent and expressly disclaims any obligation or liability in terms of posts or other events in the Community.
9.4 The Provider reserves the right to remove posts and exclude certain Users from using the Community without prior notice; he is however not obliged to remove certain posts that other Users deem to be vulgar or offensive.
9.5. Netiquette: We request that our Users adopt a factual style, a friendly tone, tolerance and respect for other opinions when publishing content and/ or communication with third parties about our offer. To clarify, we point out, however, that the User is legally responsible for their own published content. The User's right to use the Community and to post assumes that the User observes the following behaviours:
- to make only true and non misleading statement in his profile and in communication with other Users.
- to ensure that the public reproduction of the photos and pictures provided by him is permitted within the Community.
- in particular the User must check whether he has the necessary rights to publish content (here one must particularly think about copyright and the right to their own image) or if posts are otherwise legal (risks that arise here are right-wing, pornographic, racist, abusive, slanderous and defamatory or business harmful content).
- the following annoying actions are to be avoided, even if they do not concretely violate any laws, e.g sending chain letters; performing, advertising and promoting structural distribution measures, commercial activities or offensive or sexually oriented communication (explicit or implicit).
9.6 If the User does not follow the Community Guidelines mentioned in point 9.5, the Provider is entitled to terminate at his discretion the participation of the User in the Community or to block his access temporarily.
9.7 All contributions to the Community are public and explicitly not private. The Provider reserves the right to monitor the Community to verify compliance with the Community Guidelines.
9.8 When creating posts, the User agrees that the Provider may use the content posted for promotional purposes outside the Community (for example in the form of customer quotes on websites using the first name and image of the User).
10. Data protection and use
The seller has the right to exclude a User from accessing registration based content with good reason. This right is given in particular to the Provider if the User continues to violate material provisions of these Terms and Conditions despite a warning; if the User is guilty of misconduct towards a third party, in which he uses the Provider's offer or the payment systems for illegal purposes or to harass third parties.
The Provider is authorised to delete access and any associated data of the customer after a period of 6 months of inactivity (no login via web browser) and following a query after a period of 4 weeks, as long as the customer has no ongoing paid programs. The customer's Username is then released for use by other customers.
13. Applicable law, amending the Terms and Conditions, miscellaneous
13.1 German law shall apply. For Users who close the contract for a purpose that cannot be attributed to professional or commercial activity (consumers) this choice of law does not affect the mandatory legal provisions of the State in which the customer has his habitual residence.
13.2 The rest of the contract shall remain binding even if individual provisions should prove to be legally invalid. Statutory provisions shall replace ineffective points, if any. Insofar as this would constitute an unreasonable hardship to a party to the contract, however, the contract shall be invalid as a whole.
13.3 The provier is entitled to amend these Terms and Conditions in whole or in part at any time and at his discretion, e.g. to take new or changed services into account. Notice of the amended contract terms shall be made in the Member Area. If the User continues to use the services of the Provider after the notice, this is considered as tacit acceptance of the amended terms. The User is otherwise authorised to object, in writing, to the amended terms within 14 days (email is sufficient). If the User objects to the amended terms, however, the Provider has the right to terminate his account without notice for good cause. If the customer raises objections at the time the changes are announced, he will receive a proper cancellation.
13.4 The Provider is entitled in the context of the amendment of the Terms and Conditions, in the case of the invalidity of a condition, to extend or replace it with applicability to existing contracts; in case of changes to legal provisions or High Court legislation, if one or more conditions of the contract is affected by this change, to adapt the relevant conditions to suit the purpose of the new legal situation, provided that the User is not disadvantaged by the new or amended conditions.
13.5 The exclusive place of jurisdiction for all current and future claims arising from business relations with registered traders shall be the place of residence of 778mobile GmbH. The same place of jurisdiction applies if the User has no general place of jurisdiction within Germany, moves his place of residence or normal abode abroad after conclusion of the contract, or his place of residence or normal abode is not known on the date the legal action is filed. Should any of the aforementioned provisions be invalid or infeasible in whole or in part, the validity of the other provisions shall remain unaffected. The parties agree to replace the invalid or infeasible provision with a provision which most closely approximates the economic purpose of the invalid or infeasible provision. The same applies in the case of a loophole.