1. Introduction

We, MO BIG GmbH, are pursuing a great vision: We want to support every mother or expectant mother in the world in preparing her body for the birth as well as recovering from the pregnancy and the strains of the birth. With our numerous different fitness videos in the software application “Move it Mama” we create the most important prerequisites for this. The fitness videos demand and promote physical fitness and are intended to help to achieve mental willpower and self-confidence. We are happy to welcome you as part of the “Move it Mama” community.

2. Characteristics

The software application “Move it Mama” offers you as its user, against or without payment of a certain fee, a non-exclusive, non-commercial, non-transferable and non-sublicensable right to use certain fitness videos according to the terms of these terms and conditions (hereinafter individually referred to as the “Move it Mama Service” and collectively as the “Move it Mama Services”). 

3. Scope of application

These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to the contracts concluded between you and us, MO BIG GmbH, Drosselweg 14, 45739 Oer-Erkenschwick, registered in the Commercial Register of the Local Court of Recklinghausen under HRB 8237, represented by its managing directors Birte Tegeler and André Tegeler, concerning the software application “Move it Mama”. Deviating general terms and conditions of business of yours will not become part of the contract, even if we do not expressly contradict them. You can view the terms and conditions during your registration process with us or at any time in the menu of the software application “Move it Mama” under the heading “Terms of Use” as soon as you log in with your personal data into the software application “Move it Mama” after registration with us. 

4. Conditions of use of the Move it Mama services

4.1 The use of the Move it Mama services requires the download and installation of the software application “Move it Mama” from the service providers Google Ireland Limited, Dublin, Ireland (GooglePlay Store) or Apple, Inc. If no software version suitable for the software application “Move it Mama” is available for the respective device, you cannot use the Move it Mama services.

4.2 Further prerequisite for the use of the Move it Mama Services is that you accept these Terms and Conditions and the Privacy Policy under the menu items of the software application “Move it Mama” “Please register” and “Create profile” after entering your personal data (first name, last name, email address, password, delivery date) by clicking the buttons (setting a so-called check mark) “I accept the Terms and Conditions” and “I accept the Privacy Policy” and thus register with us.

4.3 A registration with us as well as the use of the Move it Mama services is only possible if you are a natural person who is a consumer in the sense of § 13 BGB (German Civil Code) and who is at least 18 years old and has full legal capacity. We can refuse your registration at our discretion. 

4.4 Further condition for the use of the Move it Mama services is your good general health. If you have any medical conditions, we strongly recommend you to get medical advice before you start using the Move it Mama services. This is especially true if you are aware of one or more of the following illnesses/complaints/operations:

I. Cardiovascular diseases,

II. Lung or respiratory diseases (including asthma),

III. Spine and/or joint problems,

IV. Neuromuscular diseases,

V. Surgical procedure

VI. Other health restrictions

In general: Pay attention to the signals of your body. If you have any doubts about your health before or during the use of the Move it Mama Services (e.g. because you feel considerable pain, general discomfort beyond usually uncomplicated pregnancy discomfort or postnatal regression discomfort), consult your doctor before you start or continue using the Move it Mama Services.

5. Conclusion of contract

The presentation of the Move it Mama Services in the software application “Move it Mama” does not constitute a legally binding offer but an invitation to submit an offer to conclude a contract for the use of the Move it Mama Services (invitatio ad offerendum) by you. By clicking on the “Buy Now & Get Started” button from us and by clicking on further buttons provided by the service providers Google Ireland Limited, Dublin, Ireland or Apple, Inc., Cupertino, California, USA (e.g. at Google Ireland Limited, Dublin the button “Type & Buy”) you submit a binding offer to conclude a contract for the use of Move it Mama Services specified by you and displayed to you in the order overview. Immediately after submitting your offer, you will receive an order confirmation or invoice from the service providers Google Ireland Limited, Dublin, Ireland or Apple, Inc. Please check the SPAM folder of your email regularly. Without prejudice to the fulfilment of the statutory information requirements, we will not store the contractual provisions for you. 

6. Scope of services

6.1 If a contract has been concluded between you and us for the use of certain Move it Mama services against payment of a certain fee, we will provide the contractually agreed services within the contractually agreed term against payment of the contractually agreed fee. If you have concluded a contract with us for the use of certain Move it Mama services without paying a certain fee, we are entitled to change, extend or restrict our services at any time.   

6.2 For the full use of some Move it Mama services aids or training devices (e.g. fitness equipment, dumbbells or gymnastic balls etc.) are required. These are not part of the Move it Mama services and have to be purchased or provided by you separately and at your own expense. Further fees and costs for e.g. an internet connection, which are caused by the contract and the use of the software application “Move it Mama” and the Move it Mama services, are also paid by you.

6.3 The Move it Mama services are subject to constantly developing health, nutrition and sport scientific knowledge. Even if we align our training methods in the Move it Mama services with current studies and findings, a correspondence of our services with the respective current research results or findings is not subject of the contract concluded with you.

6.4 The Move it Mama Services are tailored to the needs of a normal pregnancy and a normal birth without any special side effects. Basically the postnatal training methods of the Move it Mama Services can also be carried out according to a normal Caesarean section. You take over the risk of the Move it Mama Services nevertheless. Because every body heals differently and has different needs. The Move it Mama Services only contain recommendations. Also we do not owe a certain training or other result.

6.5 The Move it Mama Services do not include any medical or medical advice. They are also no substitute for a medical examination or treatment. 

7. Terms of payment and means of payment

7.1 The remuneration agreed between us is understood to include statutory value added tax. The agreed remuneration is due for payment immediately upon conclusion of the contract or – if we grant you a free trial period – on the last day of the free trial period for the agreed contract period. In case of automatic contract extension, the fee is due for payment on the first day of the respective extension period.

7.2 The payment for the Move it Mama Services will be made by the means of payment agreed between you and the service providers Google Ireland Limited or Apple, Inc. The service providers Google Ireland Limited or Apple, Inc. will send you an invoice for the payment agreed with us immediately after the conclusion of the contract. 

8. Contract period, automatic renewal, termination

8.1 A contract for the Move it Mama services runs for the respective agreed term. After the end of the term it will be automatically extended for the period of the previously agreed term unless you cancel the contract by giving 24 hours notice before the end of the agreed term.

8.2 You can cancel a contract for the Move it Mama Services  in the software application “Move it Mama” in the menu “Your Profile”, “Manage Subscription” by clicking on the button “Cancel Subscription” which is either displayed by the service provider Google Ireland Limited or Apple, Inc.

8.3 The legal right of the parties to terminate the contract for good cause remains unaffected. An important reason on our side is if you provide incorrect personal data during your registration in the software application “Move it Mama” or repeatedly violate these terms and conditions.

9. Right of withdrawal

As a consumer, you have a right of revocation according to the following instructions, unless you have expressly agreed that we shall commence performance of the contract before the end of the revocation period and confirmed that you lose your right of revocation by agreeing to this at the commencement of performance of the contract by us.

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of revocation, you must notify us, MO BIG GmbH, Drosselweg 14, 45739 Oer-Erkenschwick, telephone number: 02368/ 80636, e-mail: Media@moveitmama.de by means of a clear statement (e.g. a letter or e-mail sent by post) about your decision to withdraw from the contract. You can use the sample cancellation form below, but this is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke the contract, we shall reimburse you for all payments we have received from you, including delivery costs (except for additional costs resulting from the fact that you have chosen a delivery method other than the cheap standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this repayment we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

Other notes

Your right of revocation expires in the case of a contract for the delivery of digital content not on a physical data carrier, even if we have started to execute the contract after you have expressly agreed that we will start executing the contract before the end of the revocation period.

– End of the revocation instruction –

The right of revocation does not apply (i) to distance contracts for the delivery of goods which have been produced according to customer specifications or which are clearly tailored to personal requirements or which are not suitable for return due to their nature or which can spoil quickly or whose expiration date would be exceeded and (ii) to the delivery of audio or video recordings or of software if the customer has unsealed the delivered data carriers.

We provide information about the sample revocation form in accordance with the legal regulations as follows:

Sample withdrawal form

(If you want to cancel the contract, please fill out this form and send it back)

– To MO BIG GmbH, Drosselweg 14, 45739 Oer-Erkenschwick, e-mail: Medi-a@moveitmama.de:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of communication on paper)
– Date
(*) Delete as applicable

10. Liability

10.1 In the case of services provided free of charge, we shall be liable, irrespective of the legal grounds, exclusively for damages caused by intent and gross negligence. Otherwise our liability is excluded.

10.2 In the case of services rendered against payment, we shall be liable without limitation for damages due to intent and gross negligence, irrespective of the legal grounds. If we breach an essential contractual obligation through negligence, our liability shall be limited to the typical, foreseeable damage. An essential contractual obligation is any obligation which is necessary for the fulfilment of contractual purposes and on the fulfilment of which you can or could have relied as a consumer. We are not liable for the slightly negligent breach of other obligations than those mentioned in the above sentences.
The above exclusions of liability shall not apply in the event of injury to life, body or health for which we are responsible. Our liability under the Product Liability Act shall also remain unaffected. To the extent that our liability is excluded or limited, the exclusion or limitation shall also apply in favour of our employees and agents.

11. Data protection

We process your personal data in accordance with our privacy policy, which you can view in its current version as part of your registration process with us or at any time in the menu of the software application “Move it Mama” under the heading “Privacy”.

12. Online dispute resolution

The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with your online order out of court first. You can find the dispute resolution platform here: https://ec.europa.eu/consumers/odr/. Our e-mail address is: E-Mail: Media@moveitmama.de. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

13. amendments to the general terms and conditions

We reserve the right to change and adapt these General Terms and Conditions with effect for the future if this is necessary due to changes in the legal, official or technical framework conditions and if the changes are reasonable in good faith taking into account your interests.

14. Final provisions

14.1 Rights and claims from and in connection with the contracts concluded with us are not transferable by you. You are only entitled to a right of set-off if your counterclaim against us has been legally established, is undisputed or acknowledged. You are only entitled to a right of retention if and insofar as your counterclaim is based on the same contractual relationship.

14.2 German law shall apply exclusively between the parties, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), if you have your habitual residence in Germany or if your habitual residence is in a country that is not a member of the European Union. In the event that you have your habitual residence in a member state of the European Union, the applicability of German law also applies, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.

14.3 If you do not have a general place of jurisdiction in Germany or in another EU member state or if you have moved your permanent residence to a country outside the EU after these General Terms and Conditions have come into effect or if your residence or usual place of abode is not known at the time of the commencement of legal action, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.

14.4 The contractual language is German. Translations of these General Terms and Conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.

14.5 Should individual provisions of these General Terms and Conditions of Business be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The parties undertake to replace the wholly or partially void, ineffective or unenforceable provision with the effective and enforceable provision that comes closest to what the parties intended to achieve with the ineffective provision. The same applies to loopholes in these General Terms and Conditions.

15. provider information

MO BIG Ltd.
throttle travel 14
45739 Oer-Erkenschwick
Commercial register: HRB 8237
Register court: Local court Recklinghausen
Represented by the managing directors:
Birte Tegeler, André Tegeler

CONTACT
Phone: 02368/ 80636
E-mail: Media@moveitmama.de