Walter R. Mayer GmbH & Co.
Hammer Steindamm 27-29
(here in after „ADE“)
3. CONDITIONS OF USEFor using the Software, the user needs a Smartphone with Bluetooth function on the Android operating system (version 4.4 or higher) or iOS (version 10 or higher) or Watch OS (version 2 or higher). Many functions also require an online or network connection costs of which will follow the provisions of the agreement between the respective provider and the user. ADE expressly states that these costs for access and connection shall be borne by the user and therefore recommends to book an internet flat rate when using the Software.
4. RENUMERATION4.1. By purchasing a factory-new ADE-FITvigo-Product the user shall acquire the right to use the Software and its basic services free of charge (connecting the ADE-FITvigo-Products, transferring vital parameters, saving and analysing the data, hereinafter referred to as the « Basic Services ») for a period of twelve (12) months after initial installation of the Software. 4.2. Upon expiry of the free period of use, the right of use for the base services in accordance with clause 2.3. shall end. However, the user may opt for any prolongation of the right of use for a fee at any time; this option is provided by the Software in the menu « Settings ». Pre-requisite for this is a prior registration. 4.3. If the period of use is extended for a fee, the agreed upon period shall serve as a minimum contract period. An early ordinary termination shall not be possible. Any termination for good cause shall remain unaffected. 4.4. Beyond the basis of Services, the user may at any time book additional services for a fee, such as the release of content (so-called habits) e.g. with tips for improving the fitness or other features provided by ADE. 4.5. Actual prices and additional contractual conditions which may be retrieved online at www.fitvigo.de shall apply. There the user also will receive information on methods and conditions of payment.
7. DATA PROTECTIONInformation on data protection that the user may retrieve online at www.fitvigo.de shall apply.
8. LIABILITY8.1 In all cases of contractual and non-contractual liability, ADE and its legal representatives, workers, employees and agents shall solely pay compensation for damages in accordance with the following limits:
- In the event of intent in full, the same applies in the absence of a feature that has been warranted by ADE;
- In the event of gross negligence only up to the amount of any foreseeable damages that was meant to be avoided by the breach of obligation;
- In other cases: Only from breach of any material contractual obligation, if by this the purpose of the agreement is at risk, but always only limited to the amount of the foreseeable damage;
- In addition: If ADE has taken out an insurance against the damage occurred, in the framework of the insurance cover and subject to the condition precedent by paying the insurance premium.