Terms and Conditions

Last Updated: January 16th, 2021

These Terms and Conditions (also "Terms") govern your relationship with Maxout (the "Product") operated by Aheenam UG (haftungsbeschränkt) ("Us", "We", or "Our").

By using our Product, you are also agreeing that you have read and understood our Privacy Policy which sets out how we collect, process and use your information. Please read these terms and conditions carefully before using Our Product.

Definitions

For the purposes of the Terms, following words of which the initial letter is capitalized have meanings defined under the following conditions. These definitions have the same meaning regardless of whether they are used in singular or plural.

  • You means the individual using the Service
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Privacy Policy) refers to the company operating Maxout: Aheenam UG (haftungsbeschränkt), Arminiusstr. 6, 45721 Haltern am See, Germany.
  • Content means any content such as text, images, or other information including workouts and fitness plans that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Product means the web app that can be accessed under https://my.getmaxout.app
  • Site means the website available under the domain http://getmaxout.app
  • Services means any other services that we may provide for services, such as customer support, social media, community channels and other websites
  • Account means the user account created by You to access and use the Product
  • Personal Data is any information that relates to an identifiable individual (including already identified individuals)
  • Promotions refer to promotions offered through the Product or the Site.
  • Terms and Conditions (also "Terms") mean these Terms and Conditions. They form the entire agreement between You and the Company regarding the use of the Product or the Site.

General Information

The Product is operated by Aheenam UG (haftungsbeschränkt), Arminiusstr. 6, 45721 Haltern am See, Germany.

You can contact us by writing to us at rathes@aheenam.com. If we have to contact you we will do so by writing to you at the email address you provided to us when setting up your Account. When we use the words "writing" or "written" in these Terms, this includes emails.

Accounts

In order to use Maxout and manage and schedule workouts, you will need to create a Maxout account with us. To create your account you will need to register on our Product with your email and a password.

While we are in a private beta program, you can only create an account if you have been invited. You can request for an invite on our Site.

You are responsible for keeping the password safe that you use to access the Product and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You're also responsible for any use of your account, whether or not you authorized the use. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We don't have access to your current password, and for security reasons, we may only reset your password.

You may not use as a username the name of another person or entity or any name that is not lawfully available for use. You may also not use as a username a name that is otherwise offensive, vulgar or obscene. Any repeatedly misuse of the username may lead to closing of the account and termination of the contract.

Subscriptions and payments

We may make certain parts of the Product available to You free of charge as described on the Site (referred as Free Account). We may terminate Your access to the Free Account at any time without prior notice and will have no liability in respect of such termination.

Promotions

Any Promotions made available through the Site or any Services as well as through the Product may be governed by separate rules from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will supersede the conflicting rules.

Copyright and intellectual property

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Product, You must submit Your notice in writing to the attention of our copyright agent via email at rathes@aheenam.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable by Us for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

The Product, the Site and their original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Site contains links to other sites that we have no control over. If you click such a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach the Terms.

Upon termination, Your right to use the Product will immediately cease. If You wish to terminate Your Account, you may simply discontinue using the Product.

You can delete your Account by using the "Delete Your Account" button within the Product. It will delete all your data immediately and you will loose access to Your Account. We do not keep any data after an Account has been deleted and therefore, We will not be able to recover any data of deleted Accounts.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall the Company, nor its directors, shareholders, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages whatsoever. This includes but is not limited to loss of profits, data, use, goodwill, or other intangible losses.

The Company may not be liable in above mentioned cases, not matter whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Your use of the Product is at your sole risk. The Product is provided to you on an "as is" and "as available" basis. In particular, no warranty or representation is made that the Product will be available uninterrupted or error-free.

Governing Law

The laws of Germany, excluding its conflicts of law rules, shall govern this Terms and Your use of the Product. Your use of the Product may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Continuing to access or use our Product after those revisions become effective means that you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Product.