1. Introduction
We, the Selfpause pursue a vision: We want to support any person, worldwide, to
release his/her full potential, physically as well as mentally, and to become
the strongest version of one’s self. We provide the most important
preconditions with our various products and services for this purpose. Selfpause
demands and promotes physical fitness and mental willpower and self-confidence.
Our focus is on effectiveness and as well as motivation and we accompany our
users, the so called Free Athletes, intensively on their journey from the
beginning. Selfpause distinguishes itself by its strong and motivating user
community which supports and encourages each other online and offline. We are
looking forward to welcoming you as part of the Selfpause community. The
following General Terms and Conditions of Business set out the legal framework
for using Selfpause and the services that we offer. Therefore, please read
these General Terms and Conditions of Business carefully.
2. Scope
2.1 Parties to the contract and subject matter of the contract These
General Terms and Conditions of Business form the basis of the user contract
being formed between you and us, Selfpause (hereinafter referred to as
“us” or “we”). The subject matter of this contract is the
use, free of charge or for a fee, of the services we offer under the name Selfpause
via our website, other Selfpause websites or via our software applications
(hereinafter referred to individually as “Selfpause Service” or
collectively as “Selfpause Services” or in general “Selfpause”).
If you would like to have a mobile app to use the Selfpause Services, please
check our website to see if we have a mobile app for your end device and your
end device’s operating system.
2.2 Terms and conditions for participating
A condition for opening a user account and using the Selfpause Services is that
you are at least 18 years of age and have full legal capacity. Selfpause is
intended exclusively for consumers. The legal definition of a consumer is every
natural person that enters into a legal transaction for reasons that cannot be
chiefly attributed to either their commercial or their self-employed
occupation. Use of Selfpause for commercial purposes of any kind is expressly
prohibited.
2.3 Additional terms and conditions
We reserve the right to agree to additional terms and conditions for individual Selfpause Services. We will, however, notify you of this in good time prior to use.
2.4 Not professional medical help
Affirmations are not a substitute for professional medical help. Please reach out to your physician or another medical professional if you suspect you suffer from mental illness.
3. Selfpause Services and Prices
3.1 Services free of charge or for a fee
The scope of the services included in Selfpause and the Selfpause Services and
available for use by you depends on the type of Selfpause Service and whether
you use the Selfpause Services free of charge or for a fee. If you use it free
of charge you only have access to certain basic functions and information of
the respective Selfpause Service. A more extensive range of functions is
available to you if you enable the respective content modules (such as a
training routine) separately in return for a one-off payment or as part of a
subscription for the respective Selfpause Service.
3.2 Prices Selfpause offers two auto-renewing subscription options, choose the length of your subscription:
– 1 month : $6.25
– 1 year : $48
4. Your Health
4.1 Terms and conditions regarding your health
Use of the Selfpause Services is at your own risk. In any case a condition for
the use of the Selfpause Services is that you must be in a good general state
of health. If you have knowledge of any pre-existing medical conditions, we
advise you to seek medical advice from a doctor urgently before you start the Selfpause
Services (such as trainings or coaching). This applies in particular if you
have knowledge of one or more of the following medical
complaints/conditions/procedures: (i) cardiovascular disease, (ii) lung or
respiratory disease (including asthma), (iii), spinal and/or joint problems,
(iv) neuromuscular disease, (v) surgical procedures, (vi) any other health
issues. In case of Selfpause Services related to nutrition, you are responsible
for verifying that the foods and nutrients recommended as part of the coaching
or guide do not contain any ingredients or contents to which you are allergic
or which may cause food intolerance. In addition, our female athletes should
note that pregnant women and breast-feeding mothers should not do the trainings
and coaching offered by us.
The following general rules apply: Listen to what your body is telling you. Before using the Selfpause Services for the first time or while using Selfpause, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing with Selfpause.
4.2 No substitute for medical advice
The services and information offered by Selfpause and the Selfpause Services do
not constitute medical advice or a doctor’s advice. Nor are they a substitute
for a medical examination or treatment by a doctor.
4.3 Training/Dietary Methods
Fitness and/or nutritional advice is subject to constantly evolving knowledge
in relation to health science, nutritional science and sports science. Although
we base our trainings and nutritional tips on current studies and knowledge, we
do not guarantee that these reflect the most up to date research findings or knowledge.
5. User Account
5.1 Registration process
In order to use the Selfpause Services you must first register and open a user
account to use Selfpause. It is enough to open only one user account, even if
you wish to use several Selfpause Services (for example different Apps). You
can open a user account either directly online at or via one of our mobile
apps. We will ask you to accept these General Terms and Conditions of Business
and our privacy policy during the registration process. After you register, for
security reasons we will first send you an email in which we ask you to verify
the registration by clicking on the “Confirm account” field. After
you have clicked on this field you will be redirected to a website where we
will finally confirm your registration. Only then will the registration process
be complete. Alternatively, you can open a user account by using your Facebook
account. The registration process is completed, once you have entered your
Facebook account details and clicked the “Confirm” button.
6. Conclusion of a Contract
How the respective contract is formed depends on the method by which you
register for Selfpause for the first time and whether you sign up for
additional fee-based services.
6.1 Online registration on the website
When registering on our website, the user contract between you and us is formed
after the registration process is fully completed.
6.2 Registration via mobile apps
When registering via mobile apps, the formation of the user contract depends on
the rules of the app store supplier (for example Apple, Google, Sony etc.). The
contract is generally formed when you click on the “Install” field in
the relevant app store and, where necessary, enter your password in question.
Please note that in order to use the Selfpause Services it is still necessary
to open a cost-free user account with us.
6.3 Conclusion of a contract for one off additional services
for a fee or for subscriptions
You can purchase individual additional services either by paying a one-off fee
or as part of a subscription. If you purchase the respective additional service
via the website the contract is formed when you click on the field “Buy
now”, or a similar field, and successfully enter your payment details. If
you purchase the additional service via your mobile app, the contract is formed
when you click on the field “Buy now”, or a similar field, as part of
an in-app purchase and, where necessary, enter your password for the app store
in question.
6.4 Correction of input errors
If you would like to purchase a one-off additional service or a subscription on
our website you can interrupt the process at any time and correct any errors
until you have successfully entered your payment details. If you would like to
purchase a one-off additional service or a subscription via our mobile app as
part of an in-app purchase, we will not ask you for any further billing or
payment details because you will purchase the service via your account with
your app-store supplier. Please contact the relevant app-store supplier if you
would like to correct any input errors.
7. Term of Validity
7.1 User contract
The user contract concluded between you and us once you register your account
is valid for an indefinite period.
7.2 One-off additional services
One-off additional services may be offered for a fixed term. They will then end
automatically at the end of the term without needing to be cancelled.
7.3 Subscriptions
Our subscriptions are offered with varying minimum terms of validity and are
automatically renewed for the same minimum term that has been selected until
you or we cancel them. In order to avoid any misunderstanding, please note that
the term of a subscription is determined by calendar and is independent from
your use or extent of your use of the respective Selfpause Service.
8. Terms and Conditions of Payment
8.1 Collection of fees
Fees are collected when the contract is concluded for purchases of additional
services through the payment of a one-off sum. The fee is collected for the
relevant minimum term when the contract is concluded for the purchase of a
subscription. If the subscription is renewed automatically, the fee is
collected in advance at the start of the relevant renewal period. Different
terms and conditions apply if the fee is collected via iTunes; in this case the
fee is already collected 24 hours before the start of the respective billing
period.
8.2 Payment default
We reserve the right to assert further claims for late payments.
9. Payment Methods
If you purchase Selfpause services for a fee via in-app purchases, the
respective app-store supplier will bill you. Please consult this supplier to
find out what payment methods are available. If you purchase Selfpause services
for a fee via our website, you can find an overview of the payment methods we
accept. If we incur costs and/or expenses because a payment is declined and
this is your fault (e.g. because there are insufficient funds in the account or
the credit card limit has already been exhausted), then we are entitled to bill
you for the actual costs and/or expenses incurred. Where there is a legitimate
reason, we reserve the right for each purchase to refrain from offering certain
payment methods and to specify alternative payment methods.
10. Right to Cancel
10.1 Cancellation policy
If you have entered into a contract for use of Selfpause or purchased a one-off
additional service or a subscription, in each case, you are entitled to the
following right of withdrawal. You have the right to cancel the contract within
14 days without stating any reasons. The cancellation period runs for 14 days
from the conclusion of the contract. unequivocal notification (e.g. a letter
sent by post, a fax or an email) of your decision to cancel the contract. You
can use the attached model cancellation form for this, but you are not obliged
to do so. You can also complete the model cancellation form (Refund request),
or make a separate unequivocal cancellation request, on our website and submit
it electronically. If you use this option, we will send you immediate (e.g. via
email) acknowledgement of the receipt of such cancellation. To meet the
deadline for cancellation it is sufficient to send us the notification of your
wish to exercise your right of cancellation before the cancellation period
expires. Consequences of cancellation If you cancel the contract we are obliged
to refund all the payments that we have received from you, including the
delivery costs (except for any additional costs incurred as a result of your
choosing a different delivery method to the least expensive standard delivery
method that we offer), promptly and at the latest within 14 days from the day
on which we received the notification of your cancellation of the contract. For
this refund we will use the same payment method that you used for the original
transaction unless a different arrangement has been expressly agreed with you;
under no circumstances will you be charged any fees in respect of this refund.
If you asked for the services to start during the cancellation period you must
pay us an appropriate amount, equal to the proportion of the services that have
already been provided by the time you inform us that you are exercising your
right to cancel this contract compared to the full scope of the services
covered by the contract. End of the cancellation policy.
10.2 Lapse of the right of cancellation
In the case of a contract for the provision of services the right of
cancellation lapses if we have provided the service in full and only began to
perform the service after you gave your express approval and simultaneously
confirmed that you were aware that you would lose your right of cancellation if
we had completely fulfilled the contract. In the case of a contract for the
delivery of digital content that is not stored on a physical data carrier the
right of cancellation also lapses if we have begun to perform the contract
after you gave your express approval and simultaneously confirmed that you were
aware that you would lose your right of cancellation once we had begun to perform
the contract.
10.3 Model form for your cancellation
To make it as easy as possible for you to cancel and to avoid any potential
queries, we have provided an electronic cancellation form for you to use
However, you can of course also use the cancellation form below instead. Please
make sure to inform us on the specific Selfpause Service that you want to
withdraw from.
11. Liability for Defects
11.1 Statutory Provisions
Statutory provisions apply to claims due to defective services. Your consumer
rights remain unaffected in any case.
11.2 Disclaimer of guarantees
We do not make any representations or guarantees that the use of the Selfpause
Services will bring the training- or other result intended by you. We do not
promise a concrete success. Also, the actual training result will depend on
factors which cannot be influenced, such as, for example, physical disposition
and preconditions. Consequently, results may vary strongly between individuals
despite the same use of the Selfpause Services.
12. Liability
12.1 General
Insofar as you are provided with guides or instructions in connection with the Selfpause
Services it is imperative that you follow them. Otherwise you risk being
injured and your general health. Insofar as you use equipment or training tools
it is your responsibility to ensure that such equipment and tools are in good
working condition and installed and/or set up properly. You need to observe and
respect our health safety notices in clause 4.
12.2 Liability for services provided free of charge
For services provided free of charge, we will be liable, regardless of the
legal basis, exclusively for damage due to willful conduct or gross negligence
or the absence of a guaranteed feature. Our liability is not limited for willful
misconduct. In the event of gross negligence or the absence of a guaranteed
feature our liability is limited to reasonable, foreseeable damage. Otherwise,
our liability is excluded.
12.3 Liability for services provided for a fee
In the case of services provided for a fee we have, regardless of the legal
basis, unlimited liability in principle for damage due to willful conduct or
gross negligence or the absence of a guaranteed feature. If we breach a
material contractual obligation as a result of slight negligence, our liability
is limited to reasonable, foreseeable damage. A material contractual obligation
is any obligation that is necessary to fulfil the purpose of the contract, and
on the fulfilment of which you as the consumer can rely or ought to be able to
rely. Our liability in the event of any injury to life, limb or health that is
our fault remains unaffected by the above-mentioned limitations. Otherwise, our
liability is excluded.
12.4 Liability of our employees
To the extent that our liability is excluded or limited, this exclusion or
limitation also applies to our employees and agents.
12.5 Product liability
Claims under the German Product Liability Act remain unaffected by the
above-mentioned liability exclusions or limitations.
13. Rights of Use over Selfpause Content
Depending on which services have been enabled for you, or which services you
have purchased, the services we offer contain content which is protected by
copyright or otherwise and we hold the respective rights. We grant you a
non-exclusive and non-transferable right to use this content in a
non-commercial form within the scope of the contractual provisions. Purely for
the avoidance of doubt we draw your attention to the fact that distributing our
content or making it publicly available, e.g. on websites other than Selfpause
websites, is not permitted. The right of use will lapse when your access to the
respective service is no longer enabled (e.g. after you have cancelled your
subscription) or when your user contract ends.
14. Responsibility for User-Generated Content
14.1 Disclaimer of responsibility for third party content
You are solely responsible for content that you post within the Selfpause
Services. We accept no responsibility for this content, nor do we monitor it.
14.2 Compliance with statutory provisions
When supplying your own content, you are obliged to comply with all the
applicable laws and other legislation of the Federal Republic of Germany.
Regardless of whether it constitutes a criminal offence, it is prohibited to
supply content of a pornographic, sexual, violent, racist, seditious,
discriminatory, offensive and/or defamatory nature. In addition, you are also
obliged to refrain from infringing any third-party rights. This applies to
personality rights of third parties as well as to third-party intellectual
property rights (such as, for example, copyrights and trademark rights). You
must also hold the necessary rights over your profile picture or any other
picture you post. We are entitled to delete or remove any content that is
unlawful or that infringes the above-mentioned principles at any time. If you
infringe the above-mentioned principles, we are entitled to give you a warning
or to temporarily block your user account or to cancel the user contract for
good cause in accordance with clause 15.3.
14.3 Indemnification
If you infringe the principles mentioned in clause 14.2 and that this is your
fault (i.e. because you acted either negligently or with intent), you are
obliged to indemnify us against any third-party claims arising from such
infringement. We reserve the right to assert claims for damages and other
claims.
15. Ending the Contract
15.1 User contract
You have the right to cancel your user account at any time, without stating any
reasons, thereby also ending your user contract. To do this you simply have to
select the necessary settings in your profile. Please note that after you have
cancelled your user account we will or may delete all the content and training
results that you added, and you will no longer have access to content that you
already purchased. If at the time of deleting your account you still have a
current subscription or have booked an additional service that has not yet
expired, any sum that you have already paid will not be refunded, not even on a
pro rata basis. We are entitled to cancel the user contract without stating any
reasons by giving two (2) weeks’ written notice, but no earlier than at the end
of the minimum contractual term or at the end of the respective renewal period
of your subscription and/or at the end of the term of any additional service
for which you have paid a one-off fee.
15.2 Subscription Every subscription for a Selfpause
Service must be cancelled individually. You can cancel the respective
subscription without stating any reasons at any time effective at the end of
the minimum contractual term or at the end of the respective renewal period.
You can cancel any subscriptions purchased via our website by selecting the
appropriate setting in your user profile. Alternatively, you may also cancel
your subscription by email, sent to the address, or by post. Subscriptions
purchased via in-app purchase must be cancelled using the settings in the
respective app store. If your subscription fee is collected via iTunes,
contrary to the provisions above a notice period of 24 hours before the end of
the minimum contractual term or before the end of the respective renewal period
applies for technical reasons. Your user account and any other subscriptions
will continue to exist after you have cancelled your subscription. We are
entitled to cancel your subscription with effect from the end of the minimum
contractual term or with effect from the end of the respective renewal period
by giving two (2) weeks’ written notice.
15.3 Cancellation for good cause
The right to cancel for good cause remains unaffected in the case of either
party. In particular we are entitled to cancel your user contract or your
subscription with immediate effect, and to cancel your user account, if you
seriously or repeatedly breach the provisions of the user contract and/or these
General Terms and Conditions of Business, or if you are in arrears with your payment
obligations.
16. Personal Data
We process your personal data in accordance with our privacy policy; you can
always retrieve the current version of these. In particular these data
protection provisions govern and explain the extent to which your personal data
can be seen by other users and what options you have for controlling its
disclosure to other users.
17. Changes to the General Terms and Conditions of
Business
We reserve the right to change or modify these General Terms and Conditions of
Business with future effect. We will advise you of the changes by email no
later than two (2) weeks before the new version of the General Terms and
Conditions of Business is scheduled to enter into force. If you do not object
to the validity of the new General Terms and Conditions of Business within such
period and continue to use Selfpause, then the new General Terms and Conditions
of Business will be deemed to have been accepted. In the event that you do
object, we expressly reserve our rights of ordinary cancellation. We will also
advise you again separately of your right to object, the deadline to do so and
the legal consequences of your objection or failure to object.
18. Final Provisions
18.1 Applicable law
The relationship between the parties is governed exclusively by German law
under exclusion of the UN Convention on Contracts for the International Sale of
Goods (CISG). In relation to business transactions with consumers within the
European Union, the law of the consumer’s place of residence may also be
applicable where such law contains consumer law provisions that it is mandatory
to apply.
18.2 Place of jurisdiction
If you do not have a place of general jurisdiction in Germany or in another EU
Member State, or if you have moved your permanent place of residence to a
country outside the EU after these General Terms and Conditions of Business
have entered into effect, or if your permanent place of residence or usual
place of residence at the time the complaint is filed is not known, then the
exclusive place of jurisdiction for all disputes arising from this contract
will be our place of business.
18.3 Language of the contract
The language of the contract is English.
18.4 Severability clause
Should any individual provisions of these General Terms and Conditions of
Business be or become invalid in whole or in part, this will not affect the
validity of the remaining provisions.