1.1 First, we would like to introduce you to freshminds and WeBurn. We are a team of fitness, health and nutrition enthusiastic girls (and a few guys) who believe that FUN and RESULTS are supposed to be the core elements of fitness workouts. Nothing else. If fitness is fun and effective, we are motivated. If not, we stop working out because of a lack of motivation. The more fun and effective the fitness routine is, the happier we are and will be. To enjoy a healthier and happier life is our mission and the basis of everything we do at freshminds and WeBurn. As a result, we have developed science-based, highly effective women HIIT home workouts that are fun.
2.1 THE CONDITION FOR THE USE OF THE WEBURN APP IS A GOOD STATE OF HEALTH.
2.2 HIIT (HIGH INTENSITY INTERVAL TRAINING) WORKOUTS, THE BASIS OF ALL WEBURN WORKOUTS, ARE NOT SUITABLE FOR EVERYONE. AS THEY ARE VERY INTENSE, MUSCULAR INJURIES CAN ARISE. MOREOVER, THE HIGH INTENSITY MAY BE A RISK FOR PERSONS WHO HAVE HAD CARDIOVASCULAR PROBLEMS. ALL INTERESTED USERS OF WEBURN SHOULD TALK TO A PHYSICIAN BEFORE CARRYING OUT THE WORKOUTS AND GET A MEDICAL APPROVAL IN CASE THEY ARE NEW TO HIIT WORKOUTS OR HAVE DOUBTS FOR HEALTH REASONS. IN THE EVENT OF CERTAIN DISEASES PREVENTIVE MEASURES CAN BE USEFUL OR NECESSARY. HOWEVER, IN THIS CASE, A PREVIOUS MEDICAL APPROVAL FROM THE USER’S PHYSICIAN IS REQUIRED IN ORDER TO EXCLUDE CERTAIN INCIDENTS. IN CASE OF LUNG, RESPIRATORY TRACTS, CARDIOVISCULAR OR JOINT PROBLEMS (INCLUDING SHOULDERS, KNEES, HIPS, SPINAL COLUMN) OR OTHER HEALTH PROBLEMS, FRESHMINDS ALWAYS RECOMMENDS VISITING A PHYSICIAN BEFORE USING THE WEBURN APP.
2.3 ALL WEBURN USERS SHOULD ALWAYS DO WARM-UP EXERCISES BEFORE WORKING OUT, STRETCH EXERCISES AFTER THE WORKOUTS AND TAKE AT LEAST 24 TO 48 HOURS OF REST FOR THE BODY PARTS TRAINED BETWEEN WORKOUTS.
2.4 NONE OF THE STATEMENTS OR CONTENT OF FRESHMINDS OR WEBURN SHOULD BE CONSIDERED AS MEDICAL CONSULTATION OR ADVICE; A MEDICAL EXAMINATION MUST ALWAYS BE FULFILLED.
2.5 CONCERNING ALLERGIES, IT IS IN THE SOLE RESPONSIBILITY OF THE WEBURN USER TO CHECK FOR NON-COMPATIBLE SUBSTANCES BEFORE EACH AND EVERY FOOD INTAKE.
2.6 THE USE OF THE WEBRUN APP IS VOLUNTARY, AT THE USER’S OWN RISK AND AT THE USER’S OWN RESPONSIBILITY. IN ANY CASE, THE WEBURN USER SHOULD AVOID OVERSTRESSING THE BODY AND DOING JERKY MOVEMENTS TO PREVENT INJURY. THE WEBURN APP IS NOT SUITABLE FOR DIABETICS, PREGNANT AND BREASTFEEDING WOMEN. IN CASE OF SUDDEN MENTAL OR HEALTH STATE CHANGES (LIKE SICKNESS, DIZZINESS, PAIN, PALPITATIONS AND OTHERS) DURING A WORKOUT, THE WORKOUT SHOULD IMMEDIATELY BE STOPPED AND A PHYSICIAN SHOULD BE VISITED. GENERAL RISKS WHILE DOING THE WORKOUTS (LIKE SPRAINING DESPITE WARM-UP EXERCISES, COLD AFTER WORKING OUT OUTSIDE, DIRTY OR DAMAGED CLOTHES) ARE IN THE SOLE RESPONSIBILITY OF THE WEBURN USER AND THE WEBURN USER HAS TO COVER RESULTING PHYSICAL DAMAGES OR PERSONAL INJURIES.
2.7 THE WEBURN USER CONFIRMS WITH THE REGISTRATION IN THE WEBURN APP THAT SHE OR HE HAS READ, UNDERSTOOD AND ACCEPTED SECTIONS 2.1 TO 2.6 OF THESE TERMS OF SERVICE, THAT SHE OR HE FEELS HEALTHY, THAT SHE OR HE HAS INCORPORATED ALL ASPECTS OF HER OR HIS STATE OF HEALTH AND THAT SHE OR HE HAS BEEN ADVISED BY FRESHMINDS THAT HEALTH RISKS OF ANY KIND ALWAYS NEED TO BE CHECKED AND APPROVED BY A PHYSICIAN BEFORE DOING ANY OF THE WORKOUTS OR IMMEDIATELY IN CASE OF SIGNS DURING A WORKOUT.
3.1 THESE TERMS OF SERVICE APPLY TO ALL LEGAL RELATIONS BETWEEN FRESHMINDS GMBH, REPRESENTED BY THE MANAGING DIRECTORS LENNART BRANDT AND DR. MAXIMILIAN MUELKE, BORSELSTR. 20, 22765 HAMBURG, GERMANY, REGISTERED UNDER NUMBER HRB 146668 AT AMTSGERICHT HAMBURG ("FRESHMINDS") AND THE USERS ("USER") OF THE WEBURN APP AND THE WEBSITE WWW.JOINWEBURN.COM INCLUDING ALL SUBDOMAINS AND LINKS (“WEBURN”, "WEBURN APP", "APP”, “WEBSITE”). IN CASE OF APP USAGE BY THE USER, A USAGE LICENSE CONTRACT BETWEEN FRESHMINDS AND EACH USER COMES INTO EFFECT WHICH SERVES AS THE LEGAL BASIS FOR THE APP OFFERED TO THE USER AND ITS FREE OR PAID MEMBERSHIP SERVICES AND FUNCTIONALITIES.
3.2 A USER IS EVERY PERSON DOWNLOADING AND INSTALLING THE WEBURN APP, REGISTERING WITHIN THE APP AND CREATING A USAGE LICENSE CONTRACT WITH FRESHMINDS TO USE THE APP AND WEBSITE.
3.3 THE USE OF THE WEBURN APP IS PERMITTED ONLY FOR CONTRACTUALLY CAPABLE NATURAL PERSONS AND CONSUMERS. UNDERAGED PERSONS ARE NOT ALLOWED TO USE THE APP OR ONLY WITH THE EXPLICIT PERMISSION OF THE USER’S PARENTS (WITH THE PARENTS ACCEPTING THESE TERMS OF SERVICE). COMMERCIAL OR OTHER PROFESSIONAL USE OF THE WEBURN APP IS PROHIBITED.
3.4 For the use of the App, the user should have a modern mobile device with access to appstores, the device’s hard disk and a fast internet connection. Due to the variety of display sizes and hardware manufacturers, design elements may not always be displayed correctly, or functionality (e.g., due to poor internet connection or lack of processor speed for animations) may be limited or impossible. Every user is advised to always install the latest device software, to update the App regularly and to ensure good interception.
3.6 The Terms of Service of the time the contract is concluded or the registration is completed are the ones that the user is bound to. They can be viewed, stored and printed out by the user (before the registration or immediately after the registration in the settings or at www.joinWeBurn.com/terms). freshminds will separately refer to the user’s cancellation right, the opposition period and the impact of user silence in this regard (if applicable in the user’s country). The Terms of Service may be changed between the user and freshminds afterwards by means of an appropriate agreement as follows: freshminds shall submit the modified conditions in text format before getting legal validity. At the same time, freshminds will provide the user with a contact option. If the user accepts the modified conditions, he or she can continue to use the app without restrictions. Otherwise, the user can contact freshminds in case she or he has questions or does not want to accept the changed Terms of Service for further utilization of the services.
4.1 In the Appstore, users find a detailed description of the functionality of the App.
4.4 In case the user decided for a paid full membership subscription, the price for the full minimum period chosen by the user is debited in advance - both for a newly started paid full membership subscription or the start of the first minimum run-time as well as for the automatic extensions of the minimum run-times. For certain appstores (e.g. Apple), the debiting is done 24 hours before the automatic extension becomes active. The condition for the completion of a full membership subscription is that the user has saved valid payment details in his or her appstore account for in-app purchases. If this is the case, the appstores also send an invoice to the user for the subscription fees which the user can store and print.
4.5 After registration, the user might be offered the possibility to test the paid full membership features for free for a limited amount of days. After the test period, the user’s account is downgraded to the free membership, if the user does not subscribe to a paid full membership.
4.6 The user license contract for the paid subscription services or the paid full membership subscription, respectively, run as long as either the user or freshminds cancel the membership or the full membership subscription. The termination of the paid full membership subscription can (and has to) be done by the user up to 24 hours before the expiry of the respective current minimum run-time in the settings of his or her appstore (Google, Apple) – independent on what the reason for the cancellation is. In the case of a termination of a full membership subscription, this runs until the end of the currently running minimum run-time; afterwards, the user’s account is downgraded to the free membership. A refund of prepaid subscription fees or parts thereof is not possible. freshminds may terminate a free membership with a 2-week notice period or a paid full membership subscription with a 2-week notice period before the end of the current minimum run-time – without stating the reason why the membership is canceled. In case of the termination of a free membership, the right to use of the App expires; in the case of the termination of a paid full membership subscription, the right to use the paid functionalities of the App ceases. A user who has been excluded from the App is prohibited from registering again without the consent of freshminds. The right of an extraordinary termination is always unaffected and possible. An extraordinary reason for termination is when freshminds stops operating the App.
5.1 Cancellation Policy
5.1.1 Right to cancel
The user has the right to cancel a paid full membership subscription within 14 days after the day of the first start of the contract (without stating the reasons for cancelling).
To cancel the contract, he or she has to send an unequivocal notification (e.g. letter by post or by e-mail) to
freshminds GmbH, Borselstr. 20, 22765 Hamburg, Germany
The user can use the example cancellation form from section 5.2, but does not have to use that form. In order to meet the 14-day deadline, it is sufficient to send away the unequivocal notification within the 14-day cancellation period.
5.1.2 Consequences of cancellation
If the user cancels the paid full membership subscription within the 14-day-period, freshminds has to pay back all fees paid to freshminds for the paid full membership subscription, including delivery costs (but not including any additional charges that arose because the user decided for a different, not offered payment method), promptly and within 14 days after freshminds received the user’s unequivocal notification. For this repayment, freshminds will use the same payment method that the user chose to pay for the paid full membership; if the user and freshminds do not agree on a different payment method. freshminds will not charge any fees for the repayment.
If the user wanted the paid services offered with the paid full membership to start within the 14-day cancellation period, the user has to pay an appropriate amount relative to the whole paid full membership fees for the days the services were active.
(- End of Cancellation Policy -)
5.2 Example Cancellation form
If the user wants to cancel the paid full membership subscription, the user can send the following text to
freshminds GmbH, Borselstr. 20, 22765 Hamburg, Germany
by e-mail or as a letter by post:
I/We (*) hereby cancel my/our (*) contract for buying the following goods / ordering the following services(*):
Ordered/ Received at (*): ___________________________________________
Name of user: ___________________________________________
Address of user: ________________________________________
User Signature (in case of letter on paper)
* Delete whatever is not applicable
(- End of Example Cancellation Form -)
5.3 Lapse of Right to Cancel
5.3.1 The right to cancel ceases in a service contract, if freshminds fully delivered the requested services and only started delivering the services after the user gave his or her explicit approval and simultaneously confirmed that he or she knew about the fact that he or she will lose his or her right to cancel in case of full service delivery by freshminds.
5.3.2 The right to cancel also ceases in case of digital content that is not stored on a physical data carrier, if freshminds only started with the delivery of the ordered services after the user 1. gave his or her explicit approval to start the service delivery before the 14-days cancellation period is over and 2. simultaneously confirmed that he or she knew about the fact that he or she will lose his or her right to cancel in case of the start of the service delivery by freshminds.
6.1 Each user commits him- or herself not to violate any applicable laws and to comply with these Terms of Service.
6.2 If a user is in arrears with the payment obligations of a paid full membership subscription or if a debiting of paid full membership subscription fees is refused due to a user's fault, freshminds can demand damages and / or withdraw from the contract (extraordinary termination according to section 4.6).
6.3 All content uploaded, published or shared by a user is also subject to these Terms of Service. The contractual relationship with the user as the publisher is created as soon as the user uploads, publishes or shares the content or freshminds receives the content from the user for the purpose of publishing it.
6.4 Each user commits him- or herself to check the uploaded, published or shared content prior to publication via the App for legality as well as correctness as well as commits him- or herself not to upload, publish or share content that is not true, contrary to law and fraudulent; and only uploads, publishes and shares content that does not violate any domestic or foreign law, copyright laws, trademark laws, property rights or personal rights of third parties; complies with these Terms of Service and is not inappropriate in any other form (e.g. as being extremist, pornographic, sexual, racist, anti-Semitic, unmasking, discriminating, offensive, dangerous, political, inappropriate for minors or otherwise unsuitable, inappropriate or not conforming to the law). The user commits him- or herself not to do any other actions that are prohibited according to these terms. The following actions are prohibited (list not exhaustive):
6.4.1 Copying, posting, uploading or sharing identifiable persons in photos or videos, if these persons have not explicitly given their consent to be published in or outside the App,
6.4.2 Sub-licensing of the App or its components, the provision to third parties for purposes other than those specified in these Terms of Service, the reproduction for those and other access and disclosure,
6.4.3 Processing or modifying the App or components thereof,
6.4.4 Decoding of the App or components thereof (reverse engineering); if and to the extent that the applicable law is not explicitly permitting that,
6.4.5 The disturbance of the App or components thereof,
6.4.6 The damage to the App or its components by means of Trojans, viruses or other such malware,
6.4.7 The transfer of the account to other users,
6.4.8 The use of false personal data and the use of data of other users without their consent, and
6.4.9 The use of the App for advertising.
6.5 EACH USER IS FULLY RESPONSIBLE FOR THE UPLOADED, PUBLISHED, SHARED AND INSERTED CONTENT AS WELL AS ACTIONS BY HIM- OR HERSELF – WITHOUT LIMITATION – AND IMMEDIATELY REMOVES ALL PROHIBITED AND INAPPROPRIATE CONTENT ACCORDING TO SECTION 6.4 IN CASE OF ANY INDICATION REGARDING THE VIOLATION OF THESE TERMS OF SERVICE.
6.6 EACH USER IS OBLIGED TO NOTIFY FRESHMINDS AS SOON AS INDICATIONS FOR NON-CONTRACT-COMPLIANT ACTIVITIES ARISE ACCORDING TO THESE TERMS OF SERVICE THROUGH OWN OR OTHER USER OR THIRD PARTY BEHAVIOR. IF THIS IS NOT DONE BY THE USER, THE USER SHOULD BE RESPONSIBLE FOR DAMAGE THAT AFFECTS FRESHMINDS, IF THE DAMAGE ARISES FROM THE USER’S MISBEHAVIOR. EACH USER IS GENERALLY LIABLE FOR ALL ACTIVITIES THAT ARE DONE VIA HIS OR HER ACCOUNT.
6.7 Since the freshminds does not check the content of the users before publication, some content might be considered inappropriate.
6.8 freshminds has the right to reject or remove (without justification as to why) uploaded, published or shared content from the App and receives an extraordinary right of termination according to section 4.6, if there is a presumption that these Terms of Service or other laws or rights and obligations have been infringed or content is classified as inappropriate according to freshminds. freshminds will fully comply with the instructions of authorities that require the disclosure of the identity or residence of users who have violated the provisions of this section.
6.9 All protectable content uploaded, published or shared by a user will remain the property of the creator.
6.10 If a user shares content via the offered sharing functionality (in particular Facebook, Whatsapp, Snapchat, Twitter, Instagram, but also other sharing possibilities through the "sharing" functionality of the smartphones or via screenshots), the user has to have the right to do that. It is permitted as long as other involved parties (if others are involved, e.g. workout partners on a screenshot, other users or creators of the publication) have not given the explicit publishing approval.
6.11 Each user has to contact his or her appstore (Apple, Google) provider for errors during the subscription process, since the billing is done entirely via the appstores.
6.12 freshminds’ own, self-prepared content is always accessible via the Website www.joinWeBurn.com and the WeBurn App. The User is permitted to use the content made available for private purposes and store it permanently on any storage medium. The printing of freshminds' content is also permitted. However, such content may not be used for commercial purposes and shared with third parties without the prior written consent of freshminds – if the content is not already available to the public.
6.13 freshminds is committed to regular maintenance and tries to fix known bugs and provide troubleshooting in a timely manner.
6.14 The aim of freshminds is to continuously improve and develop the App. freshminds is, at any time and in its sole discretion, allowed to adapt or modify its products and services, add, pause and suspend certain functionalities or the entire App and / or replace its products and services with new versions. Users will benefit from such adjustments, extensions or newer versions without compensation, and in return accept them without prior notice from freshminds. As far as possible and reasonable, freshminds will inform the users in advance anyway. In case freshminds decides to suspend the entire App business, all users with a paid subscription will be informed in the App. In addition, those users will receive a push notification about it (in case those users have accepted the delivery of push notifications and are able to receive those messages). Afterwards, those users have 4 weeks, starting with the date freshminds publishes the message in the App, to contact freshminds by e-mail to hello@joinWeBurn.com. The paid membership still has to be cancelled by the user in his/her phone settings (Google Play and Apple). freshminds will, however, refund the part of the membership fees paid in advance for the not-yet-utilized period of the current subscription period after deduction of VAT (if applicable) and the 30%/15% App Store or Google Play Store fee which had been deducted before the pay-out to freshminds. In case of lifelong subscriptions (one off payments), the calculation whether a refund is eligible is done with the longest available subscription period (excluding the lifelong subscription). The refund will be done via PayPal or, if within Germany, via bank transfer (in some cases, i.e. for Google Playstore users, freshminds will try to do the refund via the Stores directly). The user has to provide a valid PayPal or German bank account to freshminds. If the user did not ask for a refund and did not provide his/her payment details within the 4 weeks, the user is not entitled to get any refund anymore.
6.15 freshminds is explicitly permitted to use the user's contact information provided or to use in-app- or push notifications or e-mails to inform about any App-related topics, to send newsletters, and to provide users with relevant advertising about freshminds apps. The User can unsubscribe from those messages him- or herself, by simply switching off push notifications by the App or not subscribing or unsubscribing from the e-mail service.
6.16 The App, Website, brands, designs, code, content, information, databases, computer programs or components thereof are the property of freshminds or freshminds has the right to use them. All property rights are reserved exclusively for freshminds.
6.17 The use of the App by the users is evaluated by freshminds and used for its own purposes.
8.1 EACH USER GUARANTEES THAT HE OR SHE ONLY ACTS IN COMPLIANCE WITH THESE TERMS OF SERVICE AND FULLY FOLLOWS THE RULES, RIGHTS, RESPONSIBILITIES AND DUTIES FROM SECTION 6 WHEN USING HIS OR HER ACCOUNT OR WHILE UPLOADING, PUBLISHING OR SHARING CONTENT. EACH USER IS FULLY RESPONSIBLE FOR HIS OR HER BEHAVIOR AND THUS LIABLE.
8.2 SHOULD ABOVE MENTIONED GUARANTEES NOT BE COMPLIED WITH BY THE USER (AND THIS IS NOT THE RESULT OF AN OMISSION BY FRESHMINDS) AND SHOULD THIS LEAD TO DAMAGES, PROFIT SETBACKS, COSTS AND/OR OTHER SPECIAL FACTORS (INCLUDING LAWYER AND COURT COSTS) FOR FRESHMINDS AND / OR ITS REPRESENTATIVES (MANAGERS, EMPLOYEES, CONSULTANTS), THE USER INDEMNIFIES FRESHMINDS AND / OR ITS REPRESENTATIVES – WITHOUT LIMITATION – FROM CLAIMS FROM THIRD PARTIES OR AUTHORITIES IN THIS REGARD.
8.3 IF, IN THE EVENT OF A GUARANTEE BREACH, THIRD PARTY CLAIMS AGAINST FRESHMINDS OR ITS REPRESENTATIVES ARISE, THE USER IS OBLIGED TO PROVIDE ALL RELEVANT INFORMATION AS SOON AS POSSIBLE – ACCURATELY AND ENTIRELY.
8.4 GUARANTEES AND WARRANTIES OF FRESHMINDS ARE, AS FAR AS POSSIBLE, EXCLUDED OR LIMITED TO THE MINIMUM LEGALLY POSSIBLE, RESPECTIVELY. THE USER AGREES THAT FRESHMINDS PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY.
8.5 THE DESCRIBED GUARANTEE PROVISIONS REPRESENT ALL GUARANTEE PROVISIONS AGREED ON UND REPLACE ALL OTHER EXPLICIT OR IMPLIED, ORAL OR WRITTEN AGREEMENTS OR PROMOTIONS OF THE PARTIES REGARDING THE WEBURN APP AND WEBSITE.
9.1 FRESHMINDS IS NOT LIABLE FOR INCIDENTS OR ACCIDENTS ARISING FROM THE IMPLEMENTATION OF WORKOUT RECOMMENDATIONS.
9.2 FRESHMINDS DOES NOT GUARANTEE FOR AND IS NOT LIABLE FOR ANY WORKOUT RESULTS. THIS IS DEPENDENT ON NUTRITION, PHYSIQUE, GENETICS, WORKOUT DISCIPLINE AND OTHER FACTORS. CALORIE-BURN NUMBERS COMMUNICATED BY FRESHMINDS ARE ESTIMATES AND APPROXIMATED VALUES. WITHOUT DETAILED DATA SUCH AS THE USER’S HEARTRATE, THE CALORIES BURNED CANNOT BE DEFINED EXACTLY.
9.3 FRESHMINDS WORKS WITH STANDARDIZED, PUBLICLY KNOWN AND SCIENCE-BASED WORKOUT CONCEPTS THAT ARE NOT SEPARATELY TESTED BY FRESHMINDS AND NOT PERMANENTLY OPTIMIZED ON THE BASIS OF THE NEWEST MEDICAL FINDINGS. FRESHMINDS IS NEITHER LIABLE FOR THE TRAINING METHODS, THE CONTENT OF THE EXAMPLE EXERCISE VIDEOS, THE RIGHT EXECUTION OF THE EXERCISES NOR ANY INFORMATION IN THIS REGARD.
9.4 FRESHMINDS AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE CORRECT USE OF TRAINING EQUIPMENT OR MATERIALS AND THE CONSUMPTION OF BEVERAGES, FOOD OR OTHER ASPECTS IN THIS REGARD, WHICH MAY BE RELEVANT IN THE CONTEXT OF EXERCISING OR WITH REGARD TO THE EXAMPLE EXERCISE VIDEOS.
9.5 FRESHMINDS AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE CONTENT UPLOADED, PUBLISHED OR SHARED CONTENT BY THE USERS. FRESHMINDS AND ITS REPRESENTATIVES DO NOT EXPLICITLY CHECK THE CONTENT OF THE USERS. FRESHMINDS AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY MISBEHAVIOR OR THIRD PARTIES OR USERS AND ARE THUS NOT LIABLE FOR THE COMPLETENESS OF ANY SUCH CONTENT, THE COMPLIANCE WITH THE LAW AND THE AVAILABILITY OF ANY SUCH CONTENT.
9.6 FRESHMINDS AND ITS REPRESENTATIVES ARE NOT LIABLE IN CASE OF FORCE MAJEURE, MALWARE, TERRORISTIC, WAR OR STRIKE ACTIVITIES, EPIDEMICS OR OTHER SIMILAR EVENTS.
9.7 ALL USER DATA (USERNAME, FIRST NAME, ETC.) AND CONTENT UPLOADED, PUBLISHED OR SHARED BY THE USER ARE ENCODED WITH SSL-TECHNOLOGY BETWEEN APP AND SERVERS. HOWEVER, THE TRANSMISSION OF DATA IN THE WORLD WIDE WEB IS NEVER PERFECTLY SAFE, EVEN IF FRESHMINDS PROVIDES CONTENT AND DATA WITH HIGHEST SECURITY MECHANISMS. VIRUSES, TROJANS, HACKER ATTACKS OR OTHER THREATS THROUGH THIRD PARTIES CAN NEVER BE ENTIRELY EXCLUDED. FRESHMINDS IS THUS NOT LIABLE FOR THE SAFETY OF THE CONTENT AND DATA.
9.8 FRESHMINDS TRIES TO OFFER THE APP AND WEBSITE SERVICES FOR THE USER 365 DAYS PER YEAR AND 24 HOURS A DAY. HOWEVER, FRESHMINDS IS NOT LIABLE FOR BUGS, DELAYS, COMPLETE OR PARTIAL OUTAGES OR NON-ACCESSIBILITY. DUE TO CHANGES, ADJUSTMENTS, MAINTENANCE, OR OTHER REASONS, THE APP CAN SOMETIMES BE FULLY OR PARTIALLY OFFLINE. THIS DOES NOT LEAD TO ANY LIABILTY OF FRESHMINDS. FRESHMINDS IS DEPENDANT ON THIRD PARTY SERVICES (HOSTING PROVIDER, CDN (CONTENT DELIVERY NETWORK) PROVIDERS, SOCIAL NETWORK PLUGINS, ETC.) AND THUS CAN NEVER GUARANTEE 100% ONLINE STATUS.
9.9 DUE TO THE LARGE NUMBER OF DIFFERENT DISPLAY SIZES AND HARDWARE MANUFACTURERS, DESIGN ELEMENTS MAY NOT ALWAYS BE DISPLAYED CORRECTLY, OR THE FUNCTIONALITY CAN BE LIMITED OR IMPOSSIBLE (E.G. DUE TO LACK OF SPEED OR PROCESSOR POWER FOR ANIMATIONS). FRESHMINDS RECOMMENDS ALL USERS TO ALWAYS INSTALL THE LATEST DEVICE SOFTWARE AND UPDATE THE APP REGULARLY. FRESHMINDS IS NOT LIABLE FOR ANYTHING WITH REGARD TO SUCH PROBLEMS.
9.10 FRESHMINDS IS NOT LIABLE FOR LINKS TO THIRD PARTY WEBSITES, SERVICES AND PRODUCTS IN THE APP OR ON THE WEBSITE WWW.JOINWEBURN.COM. FRESHMINDS DOES NOT TAKE ANY RESPONSIBILITY FOR THE AVAILABILITY AND THE CONTENT OF THIRD PARTY WEBSITES, SERVICES AND PRODUCTS. CONTRACTS OR SIMILAR LEGAL AGREEMENTS CAN ONLY BE ESTABLISHED BETWEEN THE USER AND THE THIRD PARTY.
9.11 FRESHMINDS AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY DAMAGES, COSTS OR LOSSES OF USERS IF GROSS/ORDINARY NEGLIGENCE, INTENT, THE ABSENCE OF VESTED OR GUARANTEED CHARACTERISTICS OR VERY SEVERE BREACH OF CONTRACT OF FRESHMINDS CANNOT BE PROVED. THE DUTY OF REPLACEMENT IN CASE OF VESTED OR GUARANTEED CHARACTERISTICS OR GROSS/ORDINARY NEGLIGENCE IS LIMITED TO THE PREDICTABLE DAMAGE TYPICAL FOR THE CONTRACT. IN ALL OTHER CASES, FRESHMINDS IS NOT LIABLE (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF PROFITS, COSTS, MISSING SAVINGS, FUNCTIONALITY BUGS OR OUTAGES OF THE APP OR CERTAIN FUNCTIONALITIES OR THIRD PARTY CLAIMS). ALL LIMITATIONS OF LIABILITY SHALL NOT APPLY TO CLAIMS FROM PRODUCT LIABILITY LAWS (OR EQUIVALENT).
9.12 ALL LIMITATIONS OF LIABILITY DO NOT ONLY APPLY TO FRESHMINDS, BUT ALSO THE PERSONAL LIABILITY OF ITS MANAGERS, EMPLOYEES, REPRESENTATIVES, ASSISTANTS, AND OTHERS.
10.1 In order to comply with their obligations and to assert their rights, freshminds is entitled to consult third parties.
10.2 If freshminds sends notifications or messages to the user to the last contact details, which have been communicated to freshminds, these notifications and messages are deemed to be effectively communicated.
10.3 The laws of the Federal Republic of Germany, excluding the private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG), exclusively apply to these Terms of Service. In case of consumers within the European Union, this choice is valid only in so far as the protection is not withdrawn by mandatory provisions of the law of the country in which the consumer is habitually resident.
10.4 English is contract language.
10.5 The exclusive jurisdiction for all legal actions and disputes is the domicile of freshminds if the user does not have a permanent place of residence or jurisdiction in Germany or any other member state of the European Union.
10.6 Should one or more provisions of these Terms of Service be or become ineffective, this does not affect the validity of the remaining provisions. In such a case, the non-effective provisions are replaced by provisions which are closest to the intended economic sense of the ineffective provision.
Effective as of: 25 May 2018