Membership Agreement of HMM Diagnostics GmbH/ “fitmefit”

1. Application Area and Validity

The following membership agreement includes the basic rules which integral parts of each agreement between HMM Diagnostics GmbH or rather between its online platform („fitmefit“) and the members mentioned benefits of “fitmefit”.
In connection with the operating company of the online platform, HMM Diagnostics GmbH, Friedrichstrasse 89, 69221 Dossenheim, will consecutively be seen as “HMM“, because the partner of HMM are members of the online platform.
HMM reserves its right to change the membership agreement at any time. Changes, which are mentioned in this membership agreement, will be announced via E-Mail or in a different suitable way and will come into effect after the set monthly deadline, if no written objection by the member has occurred.
The membership agreement will also apply when the member uses the online platform from HMM or other areas of HMM through other websites, which enable a complete or partial access to HMM.
Possible business conditions of the member will hereby be disagreed too, if these differ from the following general terms of use or contain regulations to the contrary.
If not specially announced, the indication „member“ refers to all users of the online portal. Naturally the male phrase includes the female form.

2. Definition

2.1. Members

“Member” is every natural and juristic person, who registers for participation on HMM.

2.2. Content

“Content” in terms of these general terms of use defines several content which has been provided by HMM or content, which has been adjusted by a member of the platform and is then available. Among those are especially photographs, texts (including entrance texts, comments and remarks), maps, graphics, videos, links, layouts and other pictures, dates (including event notices) and personal data.

3. Services of HMM, Memberships

3.1. Content and Services

“Fitmefit” is a motivating movement assistance community, which can easily be integrated in the daily routine. Everybody can use “fitmefit”.
Motivation and movement are the keywords which represent “fitmefit”. Incorporated users receive the access authorization to the gateway as well as devicesas devices which measure the active value and transfer them. All data are transferred into the personal account in the community. There, you can see your results not only as a chart but you can also define individual aims or compete with other users in so called Challenges. To come up with the slogan “life in movement” and to motivate the users to move more, they can earn “fitmeees” for all activities – “fitmeees” are points, which can be redeemed in shopping vouchers.
Every member of HMM can in terms of an Opt-in define, which kind of extra information and in which form he wants to receive information from HMM.

3.2. Membership

There are two different kinds of memberships – ana basic account free of charges with limited features andfeatures and a premium account withaccount with costs for periods of 6 or 12 months.
The full membership for associations, enterprises or something near these also enables a group membership for their dependants.
The active use of both possibilities assumes a successful registration of the user on the platform and a setup of the membership account.
The basic account membership is for free and never ends. The premium account membership ends automatically according to the agreed duration, without the need of a separated denouncement. These membersThese members will be reminded 14 days before expiration and will receive the possibility, to extend their membership. If the membership is not extended, the account will be changed automatically to a basic account membership.

A member can arrange the deletion from the data base at any time and consequently arrange a notice of cancelation by sending a message through the contact form and selecting the relevant functions on the platform. Because of an early denouncement of a premium account membershipaccount membership, the member is not eligible for a payback of the membership due – neither on the whole nor proportionately.
In any case, members are bond to voluntary give truthful and complete details while registration, if the relevant data needs to be entered. HMM reserves the right to decline the registration of a member without a declaration of reasons.

A use and especially a membership is not possible for minor and other not or just limited contractually capable natural persons through a passive use („the surfing“), if the authorized representative does not agree to an active use and this way to a membership. A written relevant legal signed acceptance needs to be sent by mail to the operator of the platform. When given wrong information about the date of birth, HMM is not liable for those details.

3.3 Usage of Google® Maps

For the routs HMM is using Google® Maps API . API. With this agreement you also agree with the Google Maps API Terms of Service as in

3.4. Prices

The basic account membership is free of charge. The premium account membership is with costs.

The premium account membership fees for every service are prices in Euro including sales taxes. The premium account membership fees are communicated through the online platform. HMM reserves the right to provide discounts for promotion purposes or in cooperation with other partners. New and/or existing members do not automatically benefit from these prices.

3.4. Range of the services by HMM

The range of service by HMM can be read in the description on the online platform. HMM reserves to extend their services and to improve the current technique in ensuring the legitimate interest of the member. HMM is only in dept to make an effort in order to connect the members but not for success.

3.5. Definition of the services

The services offered by HMM are consequently and automatically configured referring to the responsibilities by mobile network operators. The member accepts possible necessary changes of the offer by HMM.

4. Technology

4.1. Connection to mobile network by mobile network operator

HMM enables the member an adequate technical connection to the service platform of the mobile network operator. HMM and other assigned services are therefore responsible for a moderate transfer of the content of the mobile network services from HMM to the member.

4.2. Operative reliability of mobile networks

Members notice that the engaged services use the mobile networks of the approved mobile network operators for processing. HMM assumes no liability for direct or indirect damages to the member or a third person, which have occurred according to mobile network disturbances. HMM is especially not responsible for delayed or blocked data transfer via SMS/E-Mail.

4.3. Maintenance and technical support

HMM tries to keep up a smooth operation of the platform, but can’t guaranty a permanent availability and use of service. There can be no allowances made to HMM when a temporary unavailability occurs.

HMM ensures the maintenance that is required for an adequate use of the online platform and the mobile service. Members can contact HMM via E-Mail or the contact form and will be supported technically or other requirements during the office hours (Monday to Friday 08.30 o’clock till 16.00 o’clock) as far as possible. HMM reserves its right to refer the member to the producer of the hardware, third party services or network operators.

There are regular and announced maintenance times by HMM, when certain functions are possibly not available. During unplanned system failures HMM is keen to repair these as soon as possible. HMM is not liable for any discomfort or damage for the user or member due to the maintenance or unplanned system failure.

4.4. Latest status of technical solutions and compatibility with newest technologies on the market

HMM is anxious to enhance their technical solutions if possible and to offer the member mobile solutions that are compatible with the latest technical possibilities of the market participants (mobile network operators, manufacturers of mobile phones).

5. Usage rights to adjust content

5.1. Right of Use

Every member, who adjusts content on the platform grants HMM simple, regional and temporally unrestrained usage rights in connection with the coverage of the service. Especially each member allows HMM to adjust respective content on to the platform and to conduct required duplication. In addition the member entitles HMM to edit content for the purpose of presentation especially to generate short versions of texts and smaller versions of photographs („Thumbnails“) and to present these on the platform (active member, new member etc.).

For granting HMM the rights of use, the member will not receive any commission. In return for granting these rights HMM will present the content on its Internet platform. The parties accept this return service as a suitable commission.

6. Data Privacy

6.1. Effective data privacy regulations

Personal data, which accumulate in context of use of HMM services, will be processed according to the local data privacy regulations in the active attended markets. Data privacy is separately described in the data privacy policy of HMM.

6.2. Privacy

One aim of HMM is to obtain and secure the online platform members’ privacy in the highest possible way.
Out of basics setting only a minor part of personal data is visible for other members – username, avatar and if applicable the habitation. All remaining details are only visible if activated by the member himself.
The contact between the members among each other, take place in the intern inbox.
This way, the identity is secured – unless you reveal these to the other members.
These rules are aimed at group memberships also for the individual group members among themselves.

6.3. Transmission of data to third persons

If HMM operates with a third party to generate their services, HMM is authorized to transfer the data according to the data policy if they are required to secure the business and if a protective interest of the member is not affected.

7. Disclaimer

All content on the platform as well as messages, which have been generated by HMM in form of SMS or Newsletter, are conditioned and published carefully. Anyhow, HMM assumes no liability if a member takes any damage based on information on the platform, in the newsletter or any other information generated by HMM.

Every member is personally responsible for any widespread content in his messages through or about HMM. If misusage occurs HMM is authorized to suspend the service and to block a member immediately without sending any information to the member. In this case, the member does not have the right of refund of the membership fee – neither totally nor partly.

The member keeps HMM in case of violation completely harmless.
The member is responsible at any time for his generated content on his profiles, messages, self-written SMS or contributions written in forums. If accessible, he is also responsible for messages in form of a newsletter.
The code of honor, like described on the HMM website, is binding for members.
HMM is released from its service, if a member uses the SIM-Card, which should be used for data transmission, for another hardware not corresponding with the portal and the permitted data amount is outrun.

8. Illegal content

Members are advised that certain content is forbidden, because they violate the law. Such content can’t be created, adjusted, kept, spread, sold, displayed, offered, showed, access gained or provided. HMM forbids the members to send out erotic content using HMM services. Forbidden are also defaming, deluding, miss understandable, abusive, pornographic, racist, advocating violence, threatening or unsettling content. In case of violation in the above named areas, the member has to pay a contract penalty of 10.000 € to HMM and his membership will be blocked and deleted for good.
Furthermore, the member is committed not to threaten, harass or impinge other persons rights (including personal rights); not to upload data, which contain a virus (infected software) or software or other materials which are secured by copy right unless the member has the copy rights or the required agreement; to use the service in a way which would have a negative influence on the offer for other members; not to brace E-Mails or try to brace them; not to send E-Mails to other members for private communication reasons only and especially not to offer products or services to other members (excluding as instructor and therefore explicit allowed by the operator); not to send any chain letters; not to send messages, which serve for commercial purposes.
HMM reserves the right to refuse content of users or to delete these without further announcement. Members and users do not have the right to claim for adjusting content or its distribution through the platform.

9. Confidentiality of entrance codes

Each member is committed to allow the accepted principles of data security, especially to keep passwords a secret and respectively to change them (even if asking HMM) if any assumption exists that an unauthorized third person might have acknowledged the password.

10. Suspend sanctions of services

HMM is authorized to suspend services of the member without warning if the member seems to use the services illegally, if the member does not abide to the contractual membership agreement or if demanded by a mobile network operator.
Suspending the services is especially possible, if the member uses the SIM-Card in an unauthorized and not to the portal belonging hardware.
HMM is not liable for direct or indirect damage, which occur when suspending the services from the member.

11. Conditions of payment

Devices are sold via hShop or other retailors. The conditions of payment of the hShop apply here. If the premium account membership is extended (referred to paragraph 3.2) or a user with a basic account is willing to upgrade to a premium account membership, this can be done online on the website.
In a case of recurrence, HMM could also ban a person and/or an email- address, so that the registration with this name or address is not possible anymore.

12. Generating a contract

A contract comes into effect when successfully registered a membership on the online platform of HMM.

13. Legal venue and applicable law

Legal venue for all contract relations and in this membership agreement direct or indirect arose conflicts reside for HMM and the member at the responsible court at the place of business of HMM in the individual active ministered markets. German law applies here.

14. Severability Clause

If one or more regulations in these terms of use are ineffective, there will be no effect on the validity of other regulations. HMM is authorized to replace these regulations with others.

Date: 15.05.2018

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