LeanOnMe Terms of Service - Rules, Conditions and Policies

Terms and Conditions of Use

for Apps and Services provided by LoopCare GmbH

Version 3.0

Date 16-07-2024

Disclaimer

LoopCare expressly disclaim any warranty that (i) the App and Services will meet your requirements, (ii) the results that may be obtained from the use of the App and Services will be accurate or reliable, (iii) the quality of any data service available on the App and Services will meet your expectations, (iv) the App and Services will be uninterrupted, timely, secure or error-free. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

LOOPCARE MAINTAINS A ZERO TOLERANCE POLICY FOR OBJECTIONABLE CONTENT AND/OR ABUSIVE USERS ON ALL ITS PLATFORMS AND/OR SERVICES. IF YOU INTEND TO EXPLOIT OR ABUSE THE APP AND SERVICES IN VIOLATION OF THIS AGREEMENT, THEN LOOPCARE KINDLY ASKS YOU TO REFRAIN FROM CREATING AN ACCOUNT WITH OR USING OUR SERVICES; OTHERWISE, YOU ARE KNOWINGLY VIOLATING THIS AGREEMENT WHICH MAY SUBJECT YOU TO ENFORCEMENT ACTION AND/OR LEGAL ACTION BY LOOPCARE AT ITS SOLE DISCRETION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS APP AND SERVICES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE APP AND SERVICES OR ANY APP OR WEBSITE OR SERVICES LINKED TO THIS APP AND SERVICES; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS APP AND SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE, APP OR SERVICES; AND (F) USE OF THE APP AND SERVICES IS AT YOUR SOLE RISK AND THE APP AND SERVICES ARE PROVIDED ON AN “AS IS” AND ”AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND; AND (G) LOOPCARE OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS EXPRESSILY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNES FOR A PARTICULAR PUROPSE AND NON INFRINGEMENT; OR (H) ANY OTHER MATTER RELATING TO OUR APP AND SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR APP AND SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR APP AND SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE, APP OR SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU ARE A CALIFORNIA RESIDENT YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN, BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBITOR OR RELEASED PARTY”.

LOOPCARE DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE USER CONTENT, AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR USER CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOOPCARE OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF ANY APP OR WEBSITE OR SERVICES LINKED TO THIS APP AND SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE, THE APP, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH ANY APP OR WEBSITE OR SERVICES LINKED TO THIS APP AND SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THIS APP OR SERVICES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOOPCARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS APP OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ANY APP OR WEBSITE OR SERVICES LINKED TO THIS APP AND SERVICES.

1. Introduction

1. Application of the Terms and Conditions of Use. These Terms and Conditions of Use (“Terms”) govern your use of, and/or access to, the mobile applications (for mobile phones and wearables) which we may own or operate now or in the future (collectively referred to as the “App”), the lean-on.me website and/or other websites (collectively, “Website”) which are owned or operated by us, and any content, information, and other online or mobile-enabled technology, digital tools, and other services and products provided by us (together with the website and the App, collectively referred to as the “Services”).

Contracting Entity: The agreement to these terms is between the user (“you”, “your”) of the Services and --

· For residents of the United States and Canada: Your access and use of the App and Services are provided by LoopCare US LLC, an affiliate based in the United States. Any references to “LoopCare,” “we,” “our,” “us” in these Terms specifically pertain to LoopCare US LLC with respect to users residing in the United States and Canada.

· For residents of Europe: Your access and use of the App and Services are provided by LoopCare GmbH, located at Graf-Adolf-Strasse 16, 40212 Düsseldorf, Germany. Any references to “LoopCare,” “we,” “our,” “us” in these Terms specifically pertain to LoopCare GmbH with respect to users residing in Europe.

The term “App and Services” shall refer to all websites, App and Services (hereinafter defined). By accessing our App and Services, you agree to this agreement as it may be amended from time to time. Please read this agreement carefully and keep a copy for your reference. The Privacy Policy is incorporated by reference and made part of this agreement as if it were fully recited herein.

2. Data protection. We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms and Conditions by this reference.

3. Community Standards. You must exercise caution, good sense and sound judgment in using the App and Services and use the app in accordance with the Community Standards (provided in Annex I). You are prohibited from violating, or attempting to violate, the security of the App and Services. Any such violations may result in criminal and/or civil penalties against you. LoopCare will investigate any alleged or suspected violations and if a criminal violation is suspected, we may contact and/or cooperate with law enforcement agencies in their investigations.

4. Definitions. Capitalized terms used in the Agreement shall have the meaning ascribed to them in this article. In the Agreement, the terms are used alternately in singular and plural.

· User Content. Any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images, nutritional information contributed to our food database and works of authorship kind), data, questions, comments, suggestions or other content, including personally identifiable information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the App and Services (such as message boards, recipe logging), whether in connection with your use of the App and Services or through the use of any Third Party Websites or Third Party Services or otherwise, and whether publicly posted or privately transmitted.

· LoopCare Group. LoopCare Group services are designed to enable connections and communication among members using our App and Services. Users are required to adhere to our community standards while utilizing LoopCare Group features and functionalities. It is important to note that recordings of LoopCare Group activities are not permitted unless explicitly requested for testing or other specified purposes. LoopCare, along with any partners providing services within the app, does not engage in recording through your device. However, your microphone may be monitored to detect whether or not there is activity, but the content and data transmitted through the microphone are not analyzed or recorded for any other purpose. We are committed to upholding strict personal privacy standards and adhere to relevant privacy laws. The information collected is used solely for determining whether a participant is speaking during a LoopCare Group session and not for any other use.

2. Agreement

1. Purpose. The LoopCare App and Services is a comprehensive platform dedicated to personal development and wellness. It offers a variety of services to support and enhance the journey of self-improvement for our users. This includes engaging motivational and educational content to inspire and guide, alongside interactive fitness and nutrition classes complemented by personalized dietary recommendations and effective fitness tracking tools. We also place a strong emphasis on mental well-being, providing users with mindfulness practices, meditation techniques, and mental training exercises. Additionally, the app facilitates community interaction through virtual events and meet-ups focused on lifestyle, diet, well-being, and personal growth. LoopCare is designed to be user-friendly, offering a seamless experience for managing lifestyle activities, supported by cloud-based services for the storage and sharing of wellness-related content.

2. Contracting parties: The contracting party responsible for the provision of the LoopCare App and Services varies depending on your location:

· For residents of the United States and Canada: The contracting party shall be LoopCare US LLC, having its registered address at 919 North Market Street, Suite 950, Wilmington, 19801 Delaware, USA.

· For residents of Europe: The contracting party shall be LoopCare GmbH, having an address at Graf-Adolf-Straße 16, 40212 Düsseldorf, Germany.

This ensures that your use of the App and Services is supported by the appropriate entity within your region, aligning with local regulations and standards.

3. Taking effect. To use the App, you need to create a user account ("Account"). This agreement between you and LoopCare will become effective when you accept these Terms during the registration process. By creating an Account, you confirm that (i) you were provided an opportunity to read these Terms and Conditions and the Privacy Policy, that (ii) you explicitly agree that you have read and understand said Terms and Conditions and the Privacy Policy, and (iii) you agree to abide by the Terms and Conditions and the Privacy Policy.

4. Consent to electronic communication. By creating an Account, you affirmatively consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site or App, satisfy any legal requirement that such communications be in writing. LoopCare will confirm the creation of your Account and provide a receipt of your acceptance to the Terms and Conditions and Privacy Policy via e-mail without undue delay.

5. Accessibility of these Terms. You may also access a copy of these Terms at any time at our website at https://lean-on.me/terms-and-conditions however, we cannot guarantee that this service will be available permanently.

6. Accessibility of Privacy Policy. You may also access a copy of the Privacy Policy at any time at our website at https://lean-on.me/privacy-policy however, we cannot guarantee that this service will be available permanently.

7. ADA Site Compliance. Although there are no specific guidelines for us to make our Site ADA compliant, our goal is to accommodate you to the best of our abilities. Therefore, we have adopted and conformed our website to the Web Content Accessibility Guidelines 2.0, the guidelines of which are accessible at. However, if you have any recommendations to better adapt our App or Services to a particular disability or if you need help navigating our App and Services, then please contact us and someone from our team will be happy to assist you.

8. App Stores. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that this agreement is between you and LoopCare and not with the App Store. LoopCare, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. you also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.

3. Eligibility; Account Creation.

1. Creating your account. By creating your Account, you affirmatively consent that if you use the App or Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. LoopCare and its associates or affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in their sole discretion.

2. Medical Advice Disclaimer. See also section 10 below. The information and services provided through our App and Services are for informational purposes only and are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or accessed through our App and Services. LoopCare does not endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the App. Reliance on any information provided by LoopCare, LoopCare employees, others appearing on the App at the invitation of LoopCare, or other users of the App is solely at your own risk.

3. Grant of License. Subject to your compliance with this agreement, by creating an account with LoopCare, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App and Services on a single device that you own or control and to run the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “Apple App Store Sourced Application”), you will only use the Apple App Store Sourced Application (i) on an Apple-branded product that runs Apple’s proprietary operating system, and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

4. Exclusion Criteria; Questionnaire. LoopCare requires users to meet specific criteria to create an account. This includes being at least 18 years old, not being under legal restrictions such as sanctions or embargoes and having no history of violating our Terms or standards. Providing false information during registration, having a concerning criminal background, or being affiliated with direct competitors without explicit consent, may also lead to exclusion. Additional detailed exclusion criteria, which may involve technical, operational, or legal factors preventing LoopCare from offering its services, will be further outlined below. You will be asked to complete a questionnaire displayed in the App. We may refuse to create your Account if your responses to these questions reveal that exclusion criteria apply and App and Services is therefore not suitable for you.

▪ Age Requirement. Our App and Services are exclusively available to individuals who are 18 years of age or older. By registering and using our App and Services, you affirm that you meet this age requirement and possess the legal right, authority, and capacity to agree to and abide by these Terms. We do not permit individuals under 18 years of age to become registered users, ensuring compliance with legal age restrictions and our service policies. We reserve the right to immediately terminate your Account and block your access to App and Services if we become aware or suspect that you are under 18 years of age. The consent of a parent or guardian does not obviate the need to comply with this requirement.

▪ Consideration for Pregnant Users. Our App and Services are not designed for individuals who are currently pregnant or have been pregnant within the past three months. This policy is due to the unique physiological changes associated with pregnancy and our current limitation in providing integrated care with physicians or other medical professionals. We prioritize the health and safety of our users, and as such, advise those who are pregnant or have recently been pregnant to seek guidance from healthcare providers for their specific needs.

▪ BMI Requirements for Use of Services. Our App and Services are specifically tailored for individuals within a certain Body Mass Index (BMI) range. According to the Centers for Disease Control and Prevention (CDC), a healthy BMI is between 18.5 to 24.9. People within a healthy BMI range may benefit from our program for emotional or educative reasons, or to help them maintain their healthy weight. Therefore, we accept customers with a BMI above 18.5. However, our services are not available to individuals with a BMI of 18.5 or lower. Additionally, we also restrict the use of our services to individuals with a BMI above 40. Both exclusions are intended to ensure the safety and appropriateness of our services for our users, as those with a BMI outside of these limits may have specific health needs that require professional medical advice and supervision.

▪ Advisory for Users Under Psychological Care. While our App and Services are currently open to all users, we recommend that individuals undergoing psychiatric treatment consult their healthcare provider before using our services. This recommendation is in place due to the lack of collaborative care options with medical professionals within our platform. However, it is not an obligation, and the decision to use our services rests with the individual. We may reassess and update this policy in the future based on evolving needs and capabilities.

▪ Medication Considerations. Individuals currently undergoing a prescribed medication regimen or significant medical therapy are advised to consult with a medical professional before using our App and Services. This is particularly important as our platform does not provide integrated care with physicians or other medical practitioners. While users on GLP-1 drugs or other weight-loss medications are eligible to use our services, we strongly recommend they also seek medical advice prior to usage. LoopCare is not liable for any consequences arising from the use of such medications. We prioritize the safety of our users and encourage informed decision-making in collaboration with healthcare providers.

4. Subscription.

1. Scope of App and Services functions. The scope of the App and Services functions is determined in the service description specified in the completion of subscription.

2. Fee Based Services. In order to access certain features or functionality of the App or Services, you may be required to pay subscriptions fees. Subscription fees, along with any required taxes, may be paid on a monthly or annual basis. All subscription fees are payable in advance. You agree to pay the subscription fees, and other charges you incur in connection with your Account, whether on a one-time or subscription basis. LoopCare reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

3. Subscription Terms and Conditions. Directly upon completing the registration process, you will be asked to select a subscription. We may offer Introductory offer or regular subscriptions, and any offer you select within the App will redirect you to the relevant App Store, which handles the transactions. For further details on the subscription process and conclusion of the agreement, please see the terms and conditions of the relevant App Store. The agreement for the paid subscription is generally concluded between LoopCare and you. These Terms also apply to the subscription. The operator of the App Store acts as LoopCare's representative when concluding the paid subscription and accepting withdrawals and terminations. If the terms and conditions of the respective App Store stipulate that the agreement becomes effective between the operator of the App Store and you, in deviation from this agreement, then the terms and conditions of the App Store shall supersede this agreement.

By subscribing, you authorize LoopCare, including any payment processors, to charge you for the initial, and any renewal subscriptions. If LoopCare does not receive payment from you or from a payment processor, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that LoopCare may either terminate or suspend your subscription and continue to attempt to charge you or a payment processor on your behalf until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received) and (iii) you agree to be bound by the terms of service and privacy policy of any and all third-party payment processors used to access our App or Services.

4. Fee and billing period. you authorize us and the App Store to charge the applicable fees to the payment method that you submit. The regular subscription fee and billing period are displayed in the App or Services before you sign up for the paid subscription. The payment is processed by the respective App Store.

For all purchases or subscriptions, you will be charged at confirmation of purchase, unless you have selected an Introductory offer which includes a free trial period, in which case you will only be charged at the end of the relevant trial period. In addition, for auto-renewing subscriptions, you will be charged within 24 hours prior to the end of the current period. The App or Services accept certain methods of payment which will be indicated at the time of purchase as forms of payment (each, an “Authorized Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another Authorized Payment Method. If a payment card company is being used for a transaction, LoopCare may obtain a preapproval from the applicable payment card company for an amount up to the amount of the order. All purchases are final once you click the “Submit” or similar button/link and billing to your payment card occurs at such time or shortly thereafter. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us.

5. Changes to subscription fee. We reserve the right to modify the subscription fee for our App and Services. Any changes will be made in compliance with applicable laws. We will provide reasonable notice of any fee adjustments either by updating the pricing information in the App, sending an email notification to our users, or posting the changes on the App's website. If you do not wish to continue your subscription at the new fee, you have the option to cancel your subscription before the new pricing takes effect.

6. Service period and auto -renewal. The service period for a paid subscription is established based on the details provided during the subscription process via the App Store. Your subscription will automatically renew for successive periods of the same duration as your initial term, at the then-current subscription rate. This auto-renewal will continue until you choose to terminate the agreement. We, along with the App Store, are authorized to charge the subscription fees to your account unless you cancel the subscription. For subscriptions with a duration of one year or longer, LoopCare will provide a renewal notice no more than 60 days and no less than 30 days before the end of the current subscription period. This notice will detail the date and time of renewal, instructions on how to cancel, and other relevant information. If your payment method is no longer valid or has been closed, your subscription may not be renewed.

7. Manage your subscription. You can manage and terminate your subscription via the corresponding functions of the respective App Store. Subscriptions purchased via an App Store are subject to such App Store’s refund policies. This means we cannot grant refunds and you will have to contact the App Store support.

8. Withdrawal and Termination of subscription. You have the right to withdraw from your agreement with LoopCare for the paid subscription within fourteen (14) days without cause. The withdrawal period is fourteen days (14) from the day of the conclusion of the agreement. If you choose to terminate the agreement after the Trial Period, the termination will take effect upon the conclusion of the initially agreed-upon subscription term (e.g., one month or one year). This means that the subscription will not automatically renew, and your withdrawal will be effective after the expiration of the current subscription term. To withdraw from this agreement, please contact the operator of the App Store as described in the terms and conditions of the respective App Store.

9. Termination rights for both parties. The right of both parties to terminate for cause remains unaffected. After termination of this agreement, sections 7 to 12 and the Disclaimer shall continue. LoopCare may terminate this agreement for cause if you especially:

▪ fail to make the payment of fees;

▪ act contrary to section 7 infringing the rights of LoopCare or third parties;

▪ otherwise breach any provision of these Terms.

Refund. In the event of termination by us, we will refund any fees already paid in advance, unless we are able to offset them against claims to which we are entitled. For this refund, we will use the same method of payment that you used for the initial transaction, unless expressly agreed otherwise with you. In no case shall you be charged for this refund.
Deletion. You can request deletion of your Account at any time as mentioned in the Privacy Policy. We may also delete your Account if there has been no paid subscription for a reasonable period of time, which shall in no event be less than six months.
Introductory offerYou acknowledge and understand that our Terms and Conditions with respect to introductory offers form an integral part of these Terms and Conditions. These Introductory Offer Terms and Conditions Introductory offer apply to all Introductory Offers, together with the Terms and Conditions of Use for Apps and Services provided by LoopCare GmbH. In the event of a conflict with of these Introductory Offer Terms & Conditions with the Terms and Conditions of Use for Apps and Services provided by LoopCare GmbH, the Introductory offer Terms & Conditions shall take precedence.

5. Responsibility of LoopCare

1. Support. LoopCare is not required to offer any customer support. However, LoopCare may choose to provide you, at its sole discretion, with customer support from time to time.

2. Availability. LoopCare strives to ensure the App and Services are available 24/7. However, LoopCare cannot guarantee uninterrupted access and acknowledges that occasional disruptions may occur within reasonable limits. In particular, temporary service interruptions may occur due to maintenance, system immanent disturbances of the internet with external network operators, technical issues, or force majeure events. LoopCare will decide the reasonable timing of maintenance periods.

3. User content. The Services may provide you and other users with an opportunity to participate in video groups, forums, communities and other message, comment and communication features and functionalities and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages, user information, and other information via the App or Services which may allow you to post, upload, publish, submit, or transmit content (collectively, "User Content"). The term “User Content” also includes all of the information you submit, or we may receive that is related to your User Content. When you submit User Content you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User Credentials, a descriptive title, information about the User Content, your location and/or similar information. You further acknowledge and agree that all User Content made by means of or in connection with any portion of the Services are public and that (a) you have no expectation of privacy in any User Content, and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and LoopCare by reason of your transmitting User Content to any area of, or in connection with, the App or Services.

▪ Responsibility for User Content. You understand, acknowledge, and agree that all User Content is the sole responsibility of the person from which such User Content originated. You are solely responsible for your User Content and the consequences of posting or publishing it. User Content does not reflect the views of LoopCare, its affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives, or agents. You understand that by using the Services, you may be exposed to other user’s User Content that could be offensive, indecent, or objectionable and, as such, LoopCare does not guarantee the accuracy, integrity, quality, or content of any User Content. Under no circumstances shall LoopCare be liable in any way for User Content, including, without limitation, errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content submitted, uploaded, posted, emailed, displayed, transmitted, or otherwise made available. By posting or publishing or otherwise making available User Content, you represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to use and authorize LoopCare to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the App or Services.

▪ License Grant to LoopCare. When you provide User Content to LoopCare through the Site or the App, by posting, uploading, streaming, sending, or otherwise making available on the App or Services, publicly or to another user, you grant LoopCare a non-exclusive, universal, worldwide, royalty-free, sublicensable, transferable right and license to use, copy, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the App or Services are available), and create derivative works of, such User Content, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site or App and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. The rights you grant in this license are for the limited purposes of allowing LoopCare to operate the App or Services in accordance with their functionality, improve and promote the App or Services, and develop new features. The reference in this license to "create derivative works" is not intended to give LoopCare a right to make substantive editorial changes or derivations, but does, for example, enable commenting or reposting by other Users to redistribute User Content from one User Account to another in a manner that allows them to add their own text or other User Content before or after your User Content.

▪ Prohibited User Content/Conduct. You agree not to post, upload, publish, submit, or transmit any User Content that: (a) is illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate, or objectionable; (b) promotes or glorifies violence, terrorism, or any illegal activity; (c) violates any person's privacy or publicity rights; (d) infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (e) contains software viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) impersonates any person or entity, including any employee or representative of ours; or (g) breaches any applicable law, regulation, or rule. Additional prohibited user content/conduct and prohibited use of our services is further defined in our Zero Tolerance Policy below.

▪ Monitoring User Content. We reserve the right to monitor some, all, or no areas of the App and Services for adherence to the Community Standards (provided in Annex I) and Zero Tolerance Policy below, without notice, any User Content for any reason. We have no obligation to monitor or review User Content you may find objectionable or offensive prior to the User Content’s posting or to delete User Content that you may find objectionable or offensive. LoopCare shall strive to discourage and remove any objectionable or offensive User Content within a reasonable period. LoopCare reserves the right to (i) remove, suspend, edit or modify any User Content in its sole discretion at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if LoopCare is concerned that you may have violated these Terms), or for no reason at all and (ii) to remove, suspend or block any User Content. LoopCare also reserves the right to access, read, preserve, and disclose any information as LoopCare reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of LoopCare, its users and the public.

▪ Loss of content. We are not responsible for maintaining a copy of any material we remove from our App and Services, and we are not liable for any loss you incur in the event that User Content you post or transmit to our App and Services is removed.

▪ Engagement with Other Users. LoopCare provides various features for user interaction based on shared interests and wellness goals. While facilitating these interactions, LoopCare does not control and is not responsible for the behaviors or content shared by users. You acknowledge and agree that interactions with other users are at your own risk. LoopCare expressly disclaims all liability for any harm, damages, or losses arising from your interactions with other users, including but not limited to communications, advice, or information exchange within the App or Services.

· Assumption of Risk. By using LoopCare and engaging with its App or Services, you acknowledge and accept the inherent risks of online communication and interaction. This includes, but is not limited to, risks associated with reliance on information, material, or advice obtained from other users. LoopCare is not liable for any harm or damage arising from your use of the App or Services, including interactions with other users. You agree to use LoopCare at your own risk and understand that LoopCare is not responsible for any injury, harm, damage, or loss resulting from your use of the App or Services.

· Voluntary Disclosure of Personal Information. Be cautious when sharing personal information within the App or Services, including any public areas or user forums, or video channels. Disclosing personally identifiable information such as your full name, address, phone number, or email address can be risky, as this information may become accessible to others. LoopCare is not responsible for personal information you choose to disclose in these areas. We strongly advise against sharing sensitive personal data in the App or Services. Please refer to our Privacy Policy for more guidance on data and usage.

· Content Monitoring. LoopCare cannot monitor all user interactions in real-time and does not guarantee the accuracy, integrity, or quality of content or messages exchanged within the App or Services. You may encounter content that you find offensive, indecent, or objectionable. Your use of the App or Services interaction features is at your own risk, and LoopCare is not responsible for any harm or damages that may arise from such use. You agree to release LoopCare from any liability related to the content or communications within the App or Services.

4. ZERO TOLERANCE POLICY. LoopCare maintains a zero-tolerance policy for any User postings, behavior, or actions that convey violence, harassment, and other behavior that discourage other Users from engaging in the App or Services. By creating an Account with LoopCare, you expressly agree to abide by these terms of use and subject your content, profile, and postings to LoopCare enforcement action for violating this agreement. By using our platform, you agree to abide by this policy and understand that any violation of this policy may result in the removal of your content and/or termination of your Account. LoopCare reserves the right to remove any User Content that violates this policy and to take appropriate action against users who violate this policy, including termination of their account. Therefore, you expressly agree to refrain from the following behavior so that other Users of our App and Services may freely engage in the use and enjoyment of LoopCare:

▪ Sensitive Media, including Graphic Violence and Adult Content. You may not post any media content that contains graphic violence that is not for journalistic, documentary, or educational purposes, nor can you post any adult content that is pornographic in nature or intended to arouse other users unless the adult content is for journalistic, documentary, artistic, medical, health, or educational purposes. Furthermore, under no circumstances may you post any content that depicts violence, whether real or simulated, in association with sexual acts; any content that depicts excessively graphic or gruesome content related to death, violence or severe bodily harm, or sadistic purposes; and any content that contains hateful imagery, such as a logo, symbol, or image, with the intent to promote violence and hostility to other Users or people based on race, religion, disability, national origin, gender, or sexual orientation.

▪ Violence/Abuse/Harassment. You may not engage in any targeted harassment of another User(s) or threaten violence against another user, person, or group of people, nor can you incite another person to do so. Furthermore, you may not encourage, promote, or glorify any acts of violence, such as those that express a will or intent to inflict death or great bodily harm to another. This section further prohibits you from posting content that threatens or promotes terrorism or violent extremism, or promotes or supports groups and organizations that are known to have a record of extreme violence and/or systematic hatred and violence towards particular persons.

▪ Child Sexual Exploitation. LoopCare has zero tolerance for any postings that depict or promote child sexual exploitation.

▪ Hateful Conduct. You may not promote violence against or directly attack or threaten other people or users on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. We also do not allow accounts whose primary purpose is inciting harm towards others on the basis of these categories. You may not use hateful images or symbols in your profile image or profile header. You also may not use your username, display name, or profile bio to engage in abusive behavior, such as targeted harassment or expressing hate towards a person, group, or protected category.

▪ Suicide or Self-Harm. You may not promote or encourage suicide or self-harm.

▪ Illegal or Certain Regulated Goods or Services. You may not post any content that depicts illegal goods or services including counterfeit goods and services; drugs and controlled substances; human trafficking; sexual services; stolen goods; weapons; and products made from endangered species; unless such posting is for journalistic, documentary, or educational purposes.

▪ Denying the Occurrence of an Event. LoopCare only allows users within a predetermined geographic location of a happened or witnessed event to report the occurrence of an event. LoopCare may verify that the event took place such. Any content posted with the intent to undermine the occurrence of the event or label the event as a 'hoax', 'staged', or having 'paid actors', will be considered abusive behavior.

▪ Animal Cruelty. LoopCare has a zero-tolerance policy for any content or posts that promote, encourage, or depict animal cruelty. This includes any actions that cause unnecessary pain, injury, or suffering to animals, including but not limited to physical abuse, neglect, and abandonment.

6. Responsibility of you

1. Good sense and sound judgment. You must exercise caution, good sense and sound judgment in using the App and Services and use the app in accordance with the Community Standards (provided in Annex I). You are prohibited from violating, or attempting to violate, the security of the App and Services. Any such violations may result in criminal and/or civil penalties against you. LoopCare will investigate any alleged or suspected violations and if a criminal violation is suspected, we may contact and/or cooperate with law enforcement agencies in their investigations.

2. Prohibited or restricted parties. By using our App and Services, you affirm that you are not named on any prohibited or restricted parties lists, including those maintained by Germany, individual European member states, the broader European Union, or the United States government. This provision ensures compliance with international regulations and sanctions, reflecting our commitment to adhering to legal standards across multiple jurisdictions.

3. Embargo. You may not access the App and Services from a location or country that is subject to a German, European, or United States government embargo or that[3] [4] has been designated by the German, European or United States government as a “terrorist supporting” country.

4. Automated or non-human means. You may not access the App and Services through automated or non-human means, whether using a bot, script or otherwise.

5. Compliance with Laws and Medical Guidance. You agree that your use of the App and Services will comply with all applicable laws and regulations. You bear the sole responsibility for ensuring that any content, information, or materials you use or share through the App do not violate any legal requirements or third-party rights. Additionally, we highly recommend consulting with your doctor, specialist, or psychologist prior to using our App, particularly if you have any existing medical conditions or are undergoing treatment. This consultation is crucial to determine whether the App is suitable and safe for your specific health needs and circumstances.

6. Refusal. If you provide untrue or inaccurate, not current or incomplete information we have the right to refuse any and all current or future use of the App and Services. We do not guarantee validity or usage of any App and Services interaction, feedback, notices or articles which may result based on untrue, inaccurate, not current or incomplete information provided by you.

7. Internet connection. You are solely responsible for obtaining the required equipment and telecommunication services necessary to use the App and Services and all fees for such. Some functions of the App and Services cannot be used without an active internet connection. Costs may arise in connection with the use of such individual functions of App and Services over the internet, including mobile data and data roaming charges, when applicable depending on your agreement with your communications provider.

8. Confidentiality. As a registered user of the App and Services, it is your sole responsibility to keep your user account information confidential. You are not permitted to use another member's account or username at any time. In case of any actual or suspected unauthorized use of your account, or any known or suspected security breach, including loss, theft, or unauthorized disclosure of your or anyone else's user account information, you must notify us immediately.

9. Responsibility. You bear full responsibility for any and all activities conducted through your user account. We are not liable for any loss you may incur if someone else uses your account, whether you were aware of it or not. Additionally, you may also be held liable for any losses incurred by the LoopCare, its affiliates, officers, directors, employees, consultants, agents, and representatives as a result of someone else using your account.

Intellectual property. You represent and warrant that, when using the App and Services, you will obey the law and respect the intellectual property rights of others. Your use of the App and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights, or rights or publicity or privacy, or in violation of any applicable law or regulation.
Ownership of rights in User Content. You hereby represent and warrant that you own all rights, title and interest in User Content you submit to App and Services or are otherwise authorized to grant the rights provided [5] [6] [7] to LoopCare. You also warrant that, to the extent you are not the exclusive holder of all Rights in a User Content, any third-party holder of any Rights, including moral rights in such User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. You also permit any user to access, display, view, store and reproduce[8] any User Content that you have made available in any publicly available feature (including a LoopCare Group[9] [10] [11] ) for personal use. Subject to the foregoing, the owner of a User Content placed on the App and Services retains any and all Rights that may exist in such User Content. Except as provided in our Privacy Policy, none of the User Content shall be subject to any obligation of confidence on our part, and you agree to waive, and hereby waive, any claims arising from or relating to the exercise by LoopCare of the rights granted under this section. You will not be compensated for any exercise of the license granted under this section.
Responsibility. You acknowledge that all User Content is the sole responsibility of the person who made such User Content. This means that you are entirely responsible for all User Content that you post, email or otherwise transmit to the App and Services. We do not control the User Content posted, emailed or otherwise transmitted on our Services by others and, as such, we do not guarantee the accuracy, integrity or quality of such User Content. Although we have adopted Community Standards and conduct guidelines for the users of the App and Services (as described in this Agreement), you understand that by using the App and Services, you may be exposed to User Content that is offensive or objectionable.

7. Intellectual Property of LoopCare

1. Intellectual property. You acknowledge that the App and Services contains information, software, logo, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, photos, video, text, graphics, music, sounds and other materials including nutritional information (collectively, “Content”) that are protected by copyrights, patents (pending or otherwise), trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content are protected by copyright laws and related protective rights in Germany, Europe, United States, and other jurisdictions[12] .

LoopCare hereby grants you a limited, non-exclusive, non-transferrable and non-sub-licensable right to use the App and Services and Content. We own a copyright or have patents pending in the selection, coordination, arrangement, and enhancement of such Content. All trademarks appearing on this website are trademarks of their respective owners. LeanOnMe is the trade name and LeanOnMe is the trademark and service mark of LoopCare (collectively, the “LoopCare Marks”). Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this App and Services. When Content is downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

2. Ownership of Intellectual Property. All content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, Services, or the App, is assumed to be the property of LoopCare [13] [14] and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. This Section shall survive termination of this Agreement.

3. Acknowledgement of Validity. You acknowledge that all intellectual property is associated with the goodwill of LoopCare and that any breach of this Agreement associated with the misappropriation or misuse of its intellectual property will cause irreparable harm to LoopCare. You agree not to challenge the validity of any of LoopCare 's intellectual property rights. You acknowledge that all intellectual property rights owned by LoopCare will remain the exclusive property of LoopCare and its intellectual property cannot be used or otherwise displayed without the prior written consent of LoopCare. This Section shall survive termination of this Agreement.

4. No Commercial Use or Unauthorized Use. You will not attempt to/or modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App or Services. Such content is not for resale. Your use of the App or Services does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of LoopCare and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. LoopCare does not grant you any licenses, express or implied, to the intellectual property of LoopCare or their licensors except as expressly authorized by this agreement.

5. S****tatutory provision of copyright laws. In all other respects, the statutory provisions of copyright laws for software and other works and the protection by related protective rights shall apply. Unless LoopCare has expressly consented thereto or mandatory statutory provisions allow you to do so, you are in particular not allowed to:

▪ Reproduce the App and Services or Content except (i) to the extent necessary to download, install and use App on your devices to create a reasonable number of backups, or (ii) to the extent otherwise permitted by these Terms;

▪ Sell, rent or otherwise distribute the App and Services or Content to third parties;

▪ Edit or otherwise modify the App and Services or Content;

▪ Create derivative works of, or in any way exploit, any of the Content, in whole or in part;

▪ Decrypt, disassemble, decompile or otherwise reverse engineer the App; and attempt any act pursuant to this section.

6. Copyright Infringement. LoopCare values the copyright and other rights of all persons and legal entities. If you believe that any User Content on the App or Services by any User violates your intellectual property rights, please notify LoopCare. For your complaint to be valid, you must provide the following information and verification:

▪ The electronic or physical signature of a natural person who is responsible for the complaint and is acting on behalf of the copyright owner;

▪ An identification of the Copyrighted Work that you contend has been infringed;

▪ Identification of the allegedly infringing material including the name of the User who uploaded the allegedly infringing material, and the title of the upload, and the date and time uploaded;

▪ Information reasonably sufficient for LoopCare to contact you to discuss your complaint, including a telephone number, physical address, and email address;

▪ A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, any authorized agent, or applicable copyright law, including without limitation the “fair use” doctrine; and

▪ A statement under penalty of perjury that the above information is accurate and that you are the copyright owner or someone authorized to act on their behalf.

7. Notification of Claimed Infringement. Written notification of claimed infringement must be submitted to the LoopCare, with the subject line “Copyright Infringement”. LoopCare may share the Notification of Claimed Infringement with the user alleged to have infringed a right you own or control, and you hereby consent to LoopCare making such disclosure.

8. Misrepresentation. UNDER FEDERAL LAW YOU MAY BE LIABLE FOR KNOWINGLY MISREPRESENTING THAT ONLINE MATERIAL IS INFRINGING, WHICH LIABILITY INCLUDES POTENTIAL CRIMINAL CHARGES FOR PERJURY AS WELL AS CIVIL PENALTIES AND ATTORNEYS’ FEES. MISUSE OF THIS FEATURE MAY RESULT IN TERMINATION OF YOUR ACCOUNT.

9. Counter-Notification Response to Copyright Infringement Complaint. If you believe that any material you posted as a User has been wrongfully removed from the App or Services, you may provide a written counter-notification under which must include the following information:

▪ Your name, address, telephone number, and email address, if any;

▪ A description of the material removed and the location on the App or Services or the title of the posting(s), and the time and date it was uploaded;

▪ A statement under penalty of perjury that you have a good faith belief that the material which was removed or disabled was removed or disabled as a result of a mistake or misidentification;

▪ A statement that you consent to the jurisdiction of the Federal District Court in which LoopCare is located, or in which you are located, or if you are located outside the United States, in any jurisdiction for which you may be legally served with process, and that you will accept service of process by the person making the original complaint or an agent of that person or entity; and

▪ Your electronic or physical signature.

Liability; Damages. For residents of the United States of America: The Copyright Act provides that any person who knowingly materially misrepresents under Section 512 of the Copyright Act [15] [16] (17 U.S.C. § 512) (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of LoopCare relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

F****or all residents: LoopCare reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

8. Privacy & Security

1. Data processing. LoopCare will process your personal data when you use App and Services or register for an Account. We are committed to protecting your privacy and security. LoopCare will process your data confidentially and in accordance with applicable data protection laws. For further details, please see our Privacy Policy.

9. Liability

1. Indemnification. You agree to indemnify, defend, and hold harmless LoopCare, its officers, directors, employees, agents, and third parties from and against any and all claims, demands, expenses, damages, costs, penalties, fines, and liabilities arising out of or relating to (a) your use of or inability to use the App or Services, (b) your User Content, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, (d) your violation of any applicable laws, rules or regulations, or (e) any other party's access and use of the App or Services with your account information. LoopCare reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LoopCare in asserting any available defenses.

2. Class Action Waiver. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and LoopCare agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

3. Liability Disclaimer. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LOOPCARE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APP OR SERVICES AT ANY TIME.

4. Disclaimer of Warranties. LOOPCARE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR IN THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LOOPCARE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Without limiting the foregoing, LoopCare is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the App or Services. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the App or Services, including, without limitation, User Content and conduct associated with your use of the Services.

5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOOPCARE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE, THE APP, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE APP OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOOPCARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LOOPCARE, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. IN NO EVENT SHALL LOOPCARE’S LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY HEREUNDER; OR (B) $1,000 USD.

IF YOU ARE A GERMAN RESIDENT, THE LIMITATION OF LIABILITY DOES NOT APPLY TO CLAIMS FOR DAMAGES BY YOU DUE TO INJURY TO LIFE, LIMB, HEALTH OR ESSENTIAL CONTRACTUAL OBLIGATIONS WHICH MUST NECESSARILY BE FULFILLED IN ORDER TO ACHIEVE THE CONTRACTUAL OBJECTIVE. THE LIMITATION OF LIABILITY ALSO DOES NOT APPLY TO CLAIMS FOR DAMAGES DUE TO GROSSLY NEGLIGENT OR INTENTIONAL BREACH OF DUTY BY LOOPCARE OR ITS LEGAL REPRESENTATIVE OR VICARIOUS AGENT.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP OR SERVICES.

10. Health Disclaimer

1. No medical service or advice. WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE WEBSITE AND/OR MOBILE APP AND SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE LOOPCARE PARTIES (INCLUDING, WITHOUT LIMITATION, COACHES) OR ANY OF LOOPCARE SERVICE USERS). USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. THE USE OF EXERCISE VIDEOS CONTAINS AT YOUR OWN RISK. NEITHER WE NOR THE PEOPLE FEATURED IN THE VIDEOS ACCEPT RESPONSIBILITY FOR ANY INJURY OR DAMAGE THAT MAY RESULT FROM PERFORMING THE EXERCISES SHOWN IN THE VIDEOS. IT IS STRONGLY RECOMMENDED THAT YOU CONSULT A DOCTOR BEFORE STARTING A FITNESS PROGRAM, ESPECIALLY IF YOU HAVE ANY HEALTH CONCERNS OR PRE-EXISTING CONDITIONS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER.

▪ You are urged and advised to seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any weight loss effort regimen, physical activities or any other plans that may be referenced, discussed or offered under the App and Services. If you are being treated for an illness, taking prescription medication or following a therapeutic diet to treat a disease, it is especially urged to consult with your physician before using the App and Services. You represent to us (which representation shall be deemed to be made each time you use the App and Services), that you are not using the App and Services or participating in any of the activities offered by the App and Services for purpose of seeking medical attention. You further agree that, before using the services, you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the App and Services that is inconsistent with the medical advice from your physician, you should follow the advice of your physician.

11. Risks

1. No review of nutritional information. LOOPCARE DOES NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE FOOD DATABASE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL LOOPCARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON NUTRITIONAL INFORMATION.

2. Interactions. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT LOOPCARE IS NOT OBLIGATED IN ANY WAY TO (A) SCREEN ITS MEMBERS, (B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS, OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS, INCLUDING WITHOUT LIMITATION INFORMATION OR REPRESENTATIONS CONTAINED IN PUBLIC PROFILES. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. LOOPCARE DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS OR THEIR COMPATIBILITY WITH YOU.

12. Final Provisions

1. Changes to functions. LoopCare reserves the right to extend the rendered functions of the App and Services or to cease any part thereof at its reasonable discretion. If this results in significant deviations from the agreed service description, an amendment to the service description pursuant to this section shall be required. You acknowledge that a variety of LoopCare’s actions may impair or prevent you from accessing the App and Services at certain times and / or in some way for limited periods or permanently, and agree that LoopCare has no responsibility or liability as a result of such actions or results including without limitation for the deletion of, or a failure to make available to your any content or services.

2. Changes to Terms. LoopCare reserves the right to change or complement these Terms, the service description and prices at any time in accordance with this section. New customers must accept the current Terms & Conditions before completing their registration. LoopCare shall inform existing customers of any significant change in the Terms & Conditions upon their first login following the change, and customers will not be able to continue using the product and service without accepting them.

3. Set-off. You may only set off our claims against your own counterclaims if these (i) arise from the same contractual relationship, or (ii) have not been challenged by us, have been legally confirmed by court or are ready to be decided by court.

4. Right of Retention. You shall only have a right of retention against our claims to the extent that this right arises from claims based on the same contractual relationship.

5. Governing Law. These Terms shall be governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contract for the International Sale of Goods (CISG) shall not apply.

6. No Joint Venture or Agency Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LoopCare resulting from this agreement or use of the App or Services.

7. Compliance with Laws and Legal Process. LoopCare's performance of this agreement is subject to applicable laws and legal process, and nothing in this agreement shall be construed to limit LoopCare's right to comply with any governmental, court, or law enforcement requests or requirements relating to your use of the App or Services, or information provided to or gathered by LoopCare with respect to such use.

8. Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach thereof, irrespective of the contracting party, shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by arbitrators appointed in accordance with the said Rules. The arbitration panel shall be composed of three arbitrators, unless the disputing parties agree on a greater odd number of arbitrators. The place of arbitration shall be Düsseldorf, Federal Republic of Germany. The proceedings and award shall be in the English language. The arbitral award shall be final and binding on the Parties.

9. Jurisdiction and Venue. The parties hereby agree that any legal action or proceedings arising out of or in connection with this Agreement shall be exclusively brought in the competent courts of the Federal Republic of Germany. The parties irrevocably submit to the jurisdiction of these courts and waive any objection to the propriety or convenience of venue in such courts. This agreement to submit to the jurisdiction in the Federal Republic of Germany shall be binding upon the parties and their respective successors and assigns.

Severability. If any provision of this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. The parties shall make a good faith effort to replace the invalid, illegal or unenforceable provision with a valid provision that most closely reflects the original intent of the parties, and the economic and legal objectives of the Agreement.
Entire Agreement. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LoopCare with respect to the App and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and LoopCare with respect to your use of the App or Services.
Admissibility of Printed Version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Annex I: Community standards

You agree that you will not (and/or will not use the App and Services and/or any part of our Services to):

a) Upload, post, email or otherwise transmit any User Content or other materials that:

a. are unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, defamatory, vulgar, libelous, slanderous, discriminatory, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);

b. contain adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity or graphic violence;

c. incite or encourage criminal or terrorist activities or physical harm against another;

d. exploit political agendas or “hot button” issues for commercial use; or that contain hate speech based upon the race, sex, national original, religious affiliation, marital status, sexual orientation, gender identify, or language of an individual or group;

e. are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party or that are deceptive, misleading or fraudulent or that may otherwise be unlawful or give rise to civil or criminal liability;

g. are unauthorized advertising, promotional materials, “junk mail,” “spam,” “phishing,” “chain letters,” “pyramid schemes,” or any other form of solicitation, opinions or notices, commercial or otherwise;

h. contain software viruses, spyware, adware, worms, or any other computer malware or malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. Harm [17] [18] minors in any way, or solicit or otherwise attempt to gain any information from a minor;

j. Advertise or otherwise solicit funds or constitute a solicitation for goods or services;

k. Impersonate any person or entity, including, but not limited to any user of the Services, a director, officer, employee, shareholder, agent or representative of LoopCare, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with LoopCare, or any other person or entity;

l. Provide false, misleading or inaccurate information to LoopCare or any other user;

m. Create more than one unique public profile or register for more than one account except as specifically permitted in these Terms, create an account on behalf of someone else, or create a false or misleading identity on the App and Services;

n. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or other materials transmitted to or through the App and Services;

o. Attempt to probe, scan or test the vulnerability of the App and Services or any associated system or network, or breach security or authentication measures without proper authorization;

p. Use or affect the App and Services in any manner that could damage, disable, overburden or impair the App and Services or its functionality, or disrupt the normal flow of dialogue (including, without limitation, “flooding,” “mail bombing,” or “crashing”), or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the App and Services;

q. Interfere with or disrupt the App and Services or servers or networks connected to the App and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the App and Services;

r. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;

s. “Stalk” or otherwise harass another user or employee of the App and Services;

t. Content made available in the LoopCare Group by a user may not be copied, stored, reproduced, etc. for personal use;

u. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the App and Services, including usernames or passwords;

v. Access or attempt to access another user’s account without his or her consent;

w. Reverse engineer, disassemble or decompile the Mobile App, or attempt to discover or recreate the source code for the Mobile App or any portion of the App and Services; or

x. Assign, transfer or sublicense your rights as a registered user of the App and Services[19] [20] .

y. Abide [21] by the rules of engagement for all App and Services, including the LoopCare Groups, of being polite and respectful and using polite and respectful language at all times. No foul language is acceptable in the LoopCare Services or LoopCare Groups.

b) Your privilege to use the App and Services (including your ability to contribute to discussions on the Public Forum or communicate with Coaches and/or other users in a LoopCare Group[22] ) depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privilege to use all or a portion of the App and Services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these Terms, we may terminate, in our sole discretion, your use of, or participation in, any Public Forum or the App and Services. Any violation of this section may subject you to civil and/or criminal liability.

c) YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER USERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE APP AND SERVICES (INCLUDING ANY PUBLIC FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER THE FEDERAL COMMUNICATIONS DECENCY ACT OF 1996, LOOPCARE IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE APP AND SERVICES.

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