Last Updated as of May 5th, 2021
The following Hyperhuman General Terms and Conditions are intended for an international use with our customers. Hyperhuman products and services are intended for a global fitness community, where all our customers and/or users are subject to the same rules. We do not provide localized terms and conditions regardless of the jurisdiction where our customers are from.
Please read these General Terms and Conditions (“GTC”) carefully. Hyperhuman S.R.L. (“Hyperhuman”, “we”, or “us”) provides an online fitness community and related products, services, content and features. By registering as a member or by visiting, browsing, or using our website, software applications and/or our services in any way, you accept and agree to be bound by these GTC, which form a binding user contract between you and Hyperhuman.
Hyperhuman transforms fitness videos into real-time adaptive training content that understands the audience through machine learning, biometric data and user feedback. We offer content creators an AI-powered end-to-end ecosystem that redefines how fitness content is produced, personalized, distributed and monetized. Hyperhuman Club provides the ultimate video training experience for the end-users.
The following GTC set out the legal framework for using the Hyperhuman software applications and/or the services that we offer. Therefore, please read these GTC carefully.
2.1 Parties to The Contract and Subject Matter of The Contract
These GTC form the basis of the user contract being formed between you and us, Hyperhuman S.R.L., Str. Plugarilor nr. 8G 500473 Brasov, Romania. The subject matter of this contract is the use, free of charge or for a fee, of the services and the related products we offer under the name Hyperhuman via our website www.hyperhuman.cc, other Hyperhuman websites or via our software applications (hereinafter referred to individually as "Hyperhuman Service" or collectively as "Hyperhuman Services" or in general "Hyperhuman" or the “Service”). If you would like to have a mobile app to use the Hyperhuman Services, please check our website www.hyperhuman.cc 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 Using Hyperhuman
A condition for opening a user account and using the Hyperhuman Services is that you are at least 18 years of age and have full legal capacity.
Another condition is that you qualify as a consumer. Hyperhuman is intended exclusively for consumers. A basic 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. The use of Hyperhuman for commercial purposes of any kind is expressly prohibited. However, this condition will not apply to trainers, for which specific rules and conditions will be provided in order to legally use Hyperhuman to its full potential.
As Hyperhuman cannot control all content posted by users, trainers and/or third parties on the Hyperhuman Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Hyperhuman be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You are not allowed to legally use Hyperhuman unless you agree to this condition.
2.3 Additional Terms and Conditions or Modification of The GTC
We reserve the right to provide additional terms and conditions for individual Hyperhuman Services and/or to modify these GTC according to clause 19 below. We will, however, notify you of this in good time prior to use.
3. Hyperhuman Services and Fees
3.1 Services Free of Charge or for a Fee
The scope of the services included in Hyperhuman and the Hyperhuman Services and available for use by you depends on the type of Hyperhuman Service you select and whether you use the Hyperhuman Services free of charge or for a fee. If you use it free of charge you will only have access to certain basic functions and information of the respective Hyperhuman 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 Hyperhuman Service.
Please note that in order to use some of the Hyperhuman Services to the full extent, certain equipment and training tools (such as a gym machine, dumbbells or a pull up bar) may be required in addition to the fees charged by Hyperhuman. These are not part of the Hyperhuman Services and need to be provided or purchased by you separately at your own costs.
In case of nutrition coaching, please note that the foods suggested as part of the coaching are not part of the Hyperhuman Services and need to be purchased by you separately at your own cost.
Please consult the website www.hyperhuman.cc for information on the respective current fees and subscription models and the services that these include. All fees stated include the applicable VAT. Please note that we reserve the right to modify our fees and/or prices.
4. Your Health
4.1 Terms and Conditions with Regard to Your Health
Use of the Hyperhuman Services is at your own risk.
An essential condition for the use of the Hyperhuman Services is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions or any concerns regarding health risks, we strongly recommend that you to seek medical advice from a doctor before you start using any of the Hyperhuman Services (such as trainings or coaching). This applies in particular if you have knowledge you are suffering from one or more of the following medical conditions:
In case of Hyperhuman 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 users should note that pregnant women and breast-feeding mothers should not do the training and/or coaching provided through the Hyperhuman Services.
The following general rules apply: Listen to what your body is telling you. Before using the Hyperhuman Services for the first time or while using Hyperhuman, if you have any doubts or worries 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 Hyperhuman.
WARNING! HYPERHUMAN OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED THROUGH HYPERHUMAN AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONALS. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE SEEN, HEARD OR READ ON HYPERHUMAN. THE USE OF THE INFORMATION PROVIDED THROUGH THE HYPERHUMAN SERVICES IS SOLELY AT YOUR OWN RISK.
Do not engage in Hyperhuman workouts if your physician or other medical services provider has instructed you not to engage in an exercise program. You should stop your workout and contact your physician if you experience any of the following symptoms: overheated, dizziness, fainting, fatigue, shortness of breath, or chest pain.
Research developments may impact the health and nutritional advice that is provided through Hyperhuman. Please remember that no assurance can be given that the information available through Hyperhuman will always include the most recent developments or that the respective developments will not be in contradiction to the previously presented information.
4.2 No Substitute for Medical Advice
The services and information offered by/through Hyperhuman and the Hyperhuman 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. Always consult a doctor for all health matters and concerns you might have in regard to the fitness and nutritional advice provided by/through Hyperhuman.
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 fitness and nutritional information and/or tips on current studies and knowledge, we do not guarantee that (i) these reflect the most up to date research findings or knowledge or that (ii) the information and knowledge contained in such studies and research findings is correct and/or up to date.
5. User Account
5.1 Registration Process
You also have the option of signing in with your Facebook, Google, or Apple accounts. In this case, the sign in process is completed when you have entered the account information for your corresponding account and clicked "Confirm". Signing in in this manner will constitute full and unequivocal acceptance of these GTC.
5.2 Closing/Cancelling Your Account
You can always close/cancel your account by selecting the corresponding setting(s) in your profile. The provisions in clause 16.1 below will be applicable.
6. Conclusion of a Contract
How the respective contract is formed depends on the method by which you register for Hyperhuman for the first time and whether you sign up for additional fee-based services.
6.1 Online Registration on the Website www.hyperhuman.cc
When registering on our website www.hyperhuman.cc, the user contract between you and us is formed when the registration process is fully completed. You will be asked to accept these GTC during that process. Accepting the GTC is imperative if you wish to use Hyperhuman.
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 or other required information. Please note that in order to use Hyperhuman it will still be 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 www.hyperhuman.cc 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 www.hyperhuman.cc, 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.
6.5 Contract Modifications
When you change your subscription (e.g. in the form of an upgrade), Hyperhuman or the respective app-store supplier (e.g. Apple) ends your existing subscription (hereafter "original subscription") and your newly selected subscription (hereafter "updated subscription") begins immediately and is active for the time period you selected. You will then have access to all features and content provided with your updated subscription. The additional / new contract for the updated subscription will be concluded as described above. Please note that:
After this, your subscription will renew automatically according to the duration of the selected minimum term, until there is a cancellation on either your part or our part. With the automatic extension of the updated subscription, you will then be charged full price for the subscription.
7. Term of Validity
7.1 User Contract
The user contract concluded between you and us according to §6 is valid for an indefinite period.
7.2 One-off Additional Services
One-off additional services may be offered for a fixed term. In this case, they will end automatically at the end of the term without needing to be cancelled.
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 Hyperhuman Service.
7.4 Amendments to The GTC
When a subscription is renewed, if the GTC have been modified, including in respect of the minimum term for which a certain subscription is available, the respective subscription will be renewed automatically under the new GTC. You will be notified in advance about any modifications to the GTC so, if you do not agree to the new GTC, you will have the possibility to cancel your subscription renewal.
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 will 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. In such case, we will be entitled to damages of at least 0.5% of the owed amount for each day of delay.
9. Payment Methods
If you purchase Hyperhuman 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 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.
If you incur fees when using a payment method, we will inform you of this during the purchase process. Payment providers may, at their discretion, offer you the option to pay in installments for a fee. This fee will be charged directly by the respective payment provider and is therefore payable directly to them. The terms and conditions of the respective payment provider apply. Please note that if you cancel your order, we will not be able to refund these fees.
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 of Withdrawal
10.1 Withdrawal Policy
If you have entered into a contract for use of Hyperhuman 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 withdraw the contract within 14 days without stating any reasons. The withdrawal period runs for 14 days from the conclusion of the contract as provided in §6.
These product packages are a non-divisible service and partial withdrawals are not permitted. You may, of course, withdraw your agreement with regard to the entire service/product package.
To exercise your right of withdrawal you must send us an
Str. Plugarilor nr. 8G Brasov
unequivocal notification (e.g. a letter sent by post, a fax or an email) of your decision to withdraw the contract. You can use the attached model withdrawal form for this, but you are not obliged to do so. You can also complete the model withdrawal form (Refund request) or make a separate unequivocal withdrawal request to email@example.com and submit it electronically. If you use this option, we will send you immediate (e.g. via email) acknowledgement of the receipt of such withdrawal. To meet the deadline for withdrawal it is sufficient to send us the notification of your wish to exercise your right of withdrawal before the withdrawal period expires. You must use the following contact details:
Str. Plugarilor nr. 8G Brasov
10.2 Consequences of Withdrawal
If you withdraw the contract, we will refund all the payments that we have received from you promptly (at the latest within 14 days from the day on which we received the notification of your withdrawal 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 incur fees when using a payment method (e.g., purchase on installments), which are charged directly by the respective payment method provider and must be paid to them accordingly, please note that we cannot refund these fees if you cancel your order.
If you asked for the services to start during the withdrawal 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 withdraw this contract compared to the full scope of the services covered by the contract.
10.3 Lapse of The Right of Withdrawal
In the case of a contract for the provision of services the right of withdrawal 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 withdrawal 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 withdrawal 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 withdrawal once we had begun to perform the contract.
11. Special Deals and Promotions
Hyperhuman will be occasionally offering different deals, sales and promotions such as reward programs for loyal customers. Hyperhuman users can stay informed of these deals via our newsletter. The sales are not a fixed component of the Hyperhuman Services range and are normally only offered for a limited time. There are separate conditions for these deals which will provided for purposes of information and participation.
12. Liability for Defects
12.1 Statutory Provisions
Romanian Statutory provisions will apply to any claims due to defective services. Your consumer rights remain unaffected in any case.
12.2 Disclaimer of Guarantees
Please, always remember that we do not make any representations or guarantees that the use of the Hyperhuman Services will bring the training- or other result intended by you. We do not promise 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 Hyperhuman Services.
Insofar as you are provided with guides or instructions in connection with the Hyperhuman 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.
13.2 Liability for Services Provided Free of Charge
For Hyperhuman 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.
13.3 Liability for Services Provided for a Fee
In the case of Hyperhuman 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. Generally, 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 on 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.
13.4 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.
14. Rights of Use over Hyperhuman Content
Depending on which Hyperhuman 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. While you are lawfully using our Services we will 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 as provided by the GTC. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites other than Hyperhuman 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.
The Service and its original content, features and functionality are and will remain the exclusive property of Hyperhuman and its licensors.
The Service is protected by copyright, trademark, and other laws of both Romania and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hyperhuman.
15. Responsibility for User-Generated Content
15.1 Disclaimer of Responsibility for Third Party Content
You are solely responsible for content that you post within the Hyperhuman Services. We accept no responsibility for this content, nor do we monitor it. You are prohibited from advertising commercial websites or other products through your user account.
15.2 Compliance with Statutory Provisions
When supplying your own content, you are obliged to comply with all the applicable laws and other legislation of Romania and the E.U., as well as the laws of your country. Regardless of whether this constitutes a criminal act, it is generally prohibited to provide content that is pornographic, sexual, violent, racist, instigating, discriminatory, explicit, insulting and/or libelous in nature.
In addition, you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights). In particular you must also hold the necessary rights over your profile picture or any other picture or video you post.
We are hereby authorized to delete or remove content that is illegal or that conflicts with the previously stated guideline, at any time and without forewarning. 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 16.3. We will also be entitled to take any other measure we deem necessary in order to prevent further damages to us or third parties or to repair such damages.
If you infringe the principles mentioned in clauses 15.1 and 15.2 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 as well as to repair any damage brought to us by your unlawful conduct (e.g. reputational damages, fines applied by the authorities, etc.). This indemnity also includes the costs of a suitable defense. You are obligated to provide assistance in clarifying the disputed situation. We reserve the right to assert claims for damages and other claims.
15.4 Your Right to Post Content
Our Service allows you to post Content. You are solely responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these GTC.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these GTC, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
15.5 Content Restrictions
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Hyperhuman reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these GTC, refuse or remove the respective Content. Hyperhuman further reserves the right to make formatting and edits and change the manner any Content. We can also limit or revoke the use of the Service if you post such objectionable Content.
As Hyperhuman cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Hyperhuman you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Hyperhuman be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
15.6 Content Backups
Although regular backups of Content are performed, Hyperhuman does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will try to provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content, but you expressly acknowledge that Hyperhuman has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
Please note that in order to protect your Content, you will have to maintain a complete and accurate copy of any Content in a location independent of Hyperhuman.
15.7 Copyright Policy
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice (contact information below) containing the following information:
Your name, address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where on the Service the material that you claim is infringing may be found, sufficient for Hyperhuman to locate the material (e.g., the URL).
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your electronic or physical signature.
You may submit this information, or any counter-notice, via:
Email, with the subject line “Copyright Notice” to: firstname.lastname@example.org, or you can reach out to us at:
Str. Plugarilor nr. 8G
Brasov, 500473 Romania
If properly notified that any materials infringe a third party’s copyright, Hyperhuman will promptly remove such materials from the Hyperhuman Site and/or Services in accordance with the applicable national and international copyright laws and regulations. In addition, Hyperhuman may, when appropriate, terminate the accounts of repeat copyright infringers.
Hyperhuman may disclose any communications, including your contact information, concerning the copyright notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
16. Ending the Contract
16.1 Unilateral Termination of The User Contract
You have the right to cancel your user account at any time, without stating any reasons, thereby also ending your user contract concluded according to §6. 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 have the right to 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. However, please note that the cancellation of your account will not discharge you from having to pay any fees or other amounts due at the time of the cancellation.
We are entitled to cancel your account and to terminate the user contract without stating any reasons by giving two (2) weeks' written notice. In this case, any fee you have paid us (one-off or subscription) will be refunded to you pro rata to the remaining period until the initial / minimum term of the Service expires. For the refund we will use the same payment method that you used for the original transaction unless a different arrangement has been expressly requested by you. If you incur fees when using a payment method (e.g., purchase on installments), which are charged directly by the respective payment method provider and must be paid to them accordingly, please note that we will not refund these fees.
Regardless of who terminates the user contract (you or us), upon your written specific request, all information we have concerning your account will be permanently deleted within 15 days as of your request. We will, however, continue to store the information/data we sometimes have to provide to the authorities, or which is needed in case of litigation or other legal proceedings. Information and/or data we receive if you sign in using your Facebook, Google or Apple accounts cannot be deleted unless an express request from Facebook, Google or Apple. In all cases, once your account is cancelled, no information will be available to other users or third parties.
16.2 Terminating Subscriptions
Every subscription for a Hyperhuman 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 www.hyperhuman.cc or mobile app by selecting the appropriate setting in your user profile. Alternatively, you may also cancel your subscription by email, sent to the address email@example.com, 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 without stating any reasons by giving you two (2) weeks' written notice. In this case, any fee you have paid us will be refunded to you pro rata to the remaining period until the end of the term for the subscription. Clause 16.1 will apply accordingly.
16.3 Termination for Good Cause
The right to terminate the contract for good cause remains unaffected in the case of either party. In particular, we are entitled to terminate your user contract or your subscription with immediate effect, without court intervention or any other formality, and to cancel your user account, if you seriously or repeatedly breach the provisions of the law, of the user contract and/or these GTC, or if you are in arrears with your payment obligations. In case the contract is terminated due to your fault, we reserve the right to delete or keep all the information, data and content connected to your account based solely on our assessment of what would be in our best interest.
17. Personal Data
In your profile settings, you can configure who can see your information such as your user profile, training data, posts, training spots, etc. (Privacy Settings).
I hereby agree that, upon beginning my Hyperhuman journey and provided that I make no changes to my privacy settings, all Hyperhuman users will be able to view my profile, my training data, my posts, my training spots, etc., without special permission. This makes it easier to follow me and/or support me during my journey with comments and motivation. If I do not want this anymore, I can set my privacy settings to private at any time, which only allows select athletes to access the previously specified information. I understand that all privacy settings I make will only apply for the future. All personal data processed up to the moment I change my privacy settings will be considered lawful and according to my will.
18. Online Dispute Resolution
The EU Commission provides a platform for extrajudicial dispute arbitration. This gives consumers the opportunity to settle disputes associated with their online order out of court. The dispute resolution platform can be found here: https://ec.europa.eu/consumers/odr/
Consumer information: Non-participation in dispute resolution proceedings.
We are neither prepared nor required to participate in dispute settlement proceedings before a consumer arbitration board. Our email address can be found on our company info page.
19. Changes to the GTC
We hereby reserve the right to modify and adjust the GTC with future effect if this is required for our business development or by the legal, regulatory, or technical environment.
We will advise you of the changes by email no later than two (2) weeks before the new version of the GTC is scheduled to enter into force. If you do not object to the validity of the new GTC within the given period and continue to use Hyperhuman, then the new GTC will be deemed to have been accepted by you. In the event that you do object, we expressly reserve our rights of unilaterally terminate you user contract according to clause 16.1. 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.
20. Final Provisions
20.1 Applicable law
The relationship between the parties is governed exclusively by Romanian 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.
20.2 Place of Jurisdiction
Unless otherwise expressly provided by imperative legal provisions or Romanian or EU law, the exclusive place of jurisdiction for all disputes arising from or in connection this contract will be our place of business, i.e. Brașov, România.
20.3 Language of the Contract
The language of the contract is English.
20.4 Severability Clause
Should any individual provisions of these GTC be or become invalid in whole or in part, this will not affect the validity of the remaining provisions, if the purpose of our contract can still be reached.
21. Information about The Supplier
Str. Plugarilor nr. 8G
500473 Brasov, Romania
22. Option to save and review the contract language
These GTC may be reviewed by you at www.hyperhuman.cc/legatClub. If you would like to save a permanent copy of these GTC on a data carrier, you can download them as a "pdf" file free of charge at www.hyperhuman.cc/legalClub. Please consult your web browser's help documentation if you need help with saving the file. To open a "pdf" file you may need special software such as the free Acrobat Reader program or a similar software program that handles "pdf" files.
You can review any further contractual information and data in your user account. Alternatively, you may also print or store the order confirmation which you will receive after making a purchase.