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Terms and Conditions

KAF (Kinetic Aesthetic Fusion) App

Definitions and Scope

The KAF (Kinetic Aesthetic Fusion) Private Practice, represented by the founder and owner PD Dr. med. Ama Kyeremaa Finjap, Europastraße 4, 67433 Neustadt an der Weinstraße, Germany (“Provider”), develops and operates the website www.dr-kaf.com (“Website”) and the KAF Application (“App”). The Provider offers guided exercises through the Website and the App for the prevention and elimination of back tension and pain, improvement of mobility, and relaxation for registered users for a fee (“Coaching”). Additionally, informational material from the Provider’s experts is offered. “Users” are all natural persons who use the Website, the App, and/or the Coaching offered therein.

These Terms and Conditions (“T&C”) in their version valid at the time of the conclusion of the contract apply to the entire range of services offered by the Provider.

Conflicting, differing, or supplementary terms and conditions of the User do not become part of the contract unless the Provider explicitly agrees to their applicability in written form. These T&C also apply if the Provider, with knowledge of conflicting or differing conditions of the User, performs services unconditionally without having previously given his consent in written form.

User’s Health Condition

A prerequisite for the use of the Coaching is a stable general health condition. The User assures that they meet this requirement.

Neither the Provider nor the Coaching nor the informational material offers medical or therapeutic diagnosis, recommendation, or treatment.

Users who require or have received medical or therapeutic diagnoses, recommendations, or treatments must consult with Praxis Dr. KAF, their doctor, or therapist before using the Coaching.

The use of the Coaching is at the User’s own risk. If the User experiences pain or discomfort during or after the application of the Coaching, they should discontinue the Coaching and, if necessary, consult a doctor at their discretion.

The Provider is entitled to make the use of the Coaching dependent on suitable proof of the User’s identity and/or usability.

Service Offer

The Coaching offered by the Provider is provided through an interactive software-based medical application for online-supported management of various physical complaints and prevention. The Website and the App provide a complaint check, guided therapy exercises in the form of videos, action and movement recommendations, tracking tools, and live chats (“Service Offer”).

The Provider continuously develops the software and its content. New functions may be introduced, and existing ones replaced by new ones or removed without replacement.

Registration and Use

The User’s registration and a paid membership (3 months, 6 months, 9 months, or 12 months duration) or another authorization (cost coverage) are prerequisites for the use of the Service Offer. The costs of the respective membership will be charged separately to the User or the cost-covering entity upon registration.

Access to the contents of the Service Offer is only possible during the term of a membership.

Registration requires entering a valid email address and the truthful information of the data to be entered by the User in the respective input mask. Registration on behalf of a competent third party – regardless of their consent – and multiple registrations by a User under different names or email addresses are not permitted. The Provider expressly reserves the right to verify the data provided at registration through appropriate measures.

Upon confirmation of registration by the Provider, a contract for the use of the Service Offer is concluded between the Provider and the User.

Registration requires the User to be at least 18 years old or have the explicit consent of the legal guardian(s).

The Email Address

The email address serves to activate the Service Offer, and the User is granted access to the App after the paid order of the chosen membership. In the case of a business cooperation, the User receives the activation directly from their employer. The same applies to cost coverage for other entitlements.

Trial memberships also require an email address activation.

Contract Term and Termination

The term of the respective membership begins with the conclusion of the contract.

The membership applies with a minimum contract term of 3 months; thereafter, it must be renewed and will then proceed in sections of 3 months each (i.e., 3, 6, 9, or 12 months). If the membership is not terminated, it runs for 3 months each. It does not automatically renew but requires active renewal and thus adaptation of the service program, particularly the exercises for the respective period of 3 months.

The membership from a cost coverage (business cooperation, other entitlement) ends automatically after 3 months and must be actively renewed.

After the end of the membership, no content can be accessed in the App. However, the data entered by the User remains saved in their user profile.

The right to extraordinary termination for good cause remains unaffected.

Access Blocking

The Provider reserves the right to block the User’s access in case of justified suspicion of misuse or significant breach of contract. The User must be heard immediately. If the suspicion can be cleared, the blocking will be lifted, and the membership term will be extended by the blocking period. Otherwise, the Provider is entitled to extraordinary termination.

If the contract ends through extraordinary termination before the end of the minimum contract term of 3 months, the User remains obliged to provide full consideration until the time of possible ordinary termination.

User Obligations

To use the Website, KAF App, and Coaching, the User must provide the necessary hardware and software facilities as well as the required network and data volume.

If the User does not clearly understand Coaching or instructions, they can contact the Provider before executing the Coaching or the instruction to clarify any questions and uncertainties.

The User must keep their access data, especially the email address chosen by them, confidential at all times and prevent access by third parties through appropriate measures. The User is obliged to inform the Provider immediately if there are indications that the access data might be used without authorization. The User is liable for any misuse.

Copyright Protection, Prohibition of Duplication

The contents of the KAF App, therapy videos, Coaching, and informational material (e.g., videos, audio, images, texts, software) are protected by copyright. Their use is subject to the respective applicable copyright laws.

All rights to Coaching content and informational material, especially the copyright usage and exploitation rights, are exclusively vested in the Provider in the Provider-User relationship.

Saving or archiving the provided content outside the Website or the App is not permitted.

Passing on or offering the content to third parties is also not permitted. It must be noted that the therapy program is highly individualized to the respective user’s situation and should not be used by third parties without medical assignment.

Any commercial duplication of the copyright-protected content or commercial transfer to third parties is prohibited and will be prosecuted by legal action.

The User is prohibited from removing copyright notices, trademarks, and other legal reservations from downloaded content.

Questionnaire

As part of the registration process, the User will be asked to answer some questions about themselves, and further questions about possible existing complaints or prevention interests will be determined via consultation. This will ascertain which body region is individually affected and with which individual program the therapy should proceed. This forms the basis for the conception of the provided Service Offers.

The data collected in this way will only be anonymized and stored based on the Provider’s data protection regulations in the event of successful registration.

Availability

The Provider’s digital Service Offer is generally available 24 hours a day, seven days a week. Excluded from this are the times during which data backup work and system maintenance or program maintenance work on the system or database are carried out. The Provider will keep the resulting disruptions to a minimum.

The Provider has no influence on disruptions resulting from circumstances for which the Provider is not responsible, especially due to force majeure. The Provider will inform the User of scheduled availability restrictions of the Service Offer with reasonable advance notice by email.

Liability

The physical condition of each individual User is different.

The health of each individual depends on many particularities. The success of the Coaching also depends on numerous factors over which the Provider has no control. Consequently, no guarantee can be given for the success of a Coaching.

The Provider does not assume any liability or guarantee for the intended functionality and availability of the Coaching content.

The Provider’s liability for the functionality and availability to meet the User’s medical needs is particularly excluded if the User has provided false or incomplete information.

The Provider assumes no liability for health damages that Users suffer due to improper execution of the Coaching content and/or due to recognized or unrecognized pre-existing conditions.

The Provider is not liable for damages that the User incurs due to unavailability or technical malfunction of the service. Any possible reduction of the membership fee remains unaffected.

The Provider excludes any liability for negligent breaches of duty, unless they are damages resulting from injury to life, body, or health or guarantees.

The aforementioned exclusions of liability also apply to breaches of duty by the Provider’s vicarious agents and legal representatives.

The Provider expressly assumes no liability for services of third parties marked as such. Reference is made to the respective contractual and data protection provisions of the respective third-party provider in this regard.

Liability under the Product Liability Act remains unaffected.

User Data and Confidentiality

The User is informed that the Provider collects, processes, and uses personal inventory and usage data in machine-readable form within the scope of the purpose of the contractual relationship. All personal data will be treated confidentially. The privacy policy is available here.

The contracting parties undertake to treat the information from the area of the other party that becomes known to them during the performance of the contract as confidential.

Right of Withdrawal, Dispute Resolution, and Contract Text Storage

Users who are consumers within the meaning of § 13 BGB have a legally prescribed right of withdrawal.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB).

Right of Withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us

 of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Your right of withdrawal expires prematurely if we have fully provided the service and have started to perform the service only after you have given your express consent as a consumer and at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract by us.

Consequences of Withdrawal:

If you withdraw from this contract, we will reimburse all payments we have received from you without undue delay and no later than fourteen days from the day on which we received the notice of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the initial transaction unless expressly agreed otherwise with you; in no event will you incur any fees as a result of this reimbursement.

If you requested that the services begin during the withdrawal period, you must pay us an amount proportionate to the services provided up to the point you notified us of your exercise of the right of withdrawal from this contract, compared to the full coverage of the contract’s intended services. If our service was previously provided free of charge, then you have no claim for reimbursement.

Model Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.) KAF Private Practice, Europastraße 4, 67433 Neustadt an der Weinstraße, kontaktkafapp@dr-kaf.de

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

Ordered on ______________(*) /received on ______________(*)

Name of consumer(s)______________

Address of consumer(s)_______________

(only if this form is notified on paper)

Date_______________(*) Delete as appropriate.

As an online business, the Provider is obliged to inform the consumer customers about the European Commission’s platform for online dispute resolution (OS platform). This OS platform is accessible via the following link: https://webgate.ec.europa.eu/odr. However, the Provider does not participate in a dispute resolution procedure before a consumer arbitration board.

The Provider does not store the contract text.

Amendments

The Provider has the right to change these Terms and Conditions at any time with effect for the future towards the User.

Any intended change will be communicated to the User by email to the last email address provided to the Provider. The respective change becomes effective if the User does not object within two weeks after the email has been sent. Timely dispatch of the objection is decisive for compliance with the two-week period.

If the User objects to the change within the two-week period, the Provider is entitled to terminate the contractual relationship without notice.

If the contractual relationship is continued after the User’s effective objection, the previous Terms and Conditions remain valid.

Applicable Law and Jurisdiction

German law exclusively applies.

The place of jurisdiction for all disputes is Neustadt an der Weinstraße, provided the User is a businessperson, merchant, or legal entity under private or public law. The same applies to Users who have no general place of jurisdiction in Germany or another EU member state, or who have moved their residence abroad after the conclusion of the contract, or whose residence or habitual abode is unknown at the time of filing the suit or who have no general place of jurisdiction in Germany.

Final Provisions

The User can print or save these T&C using the browser function. The User can also download and archive this document in PDF format. To open the PDF file, the free program Adobe Reader (available at www.adobe.de) or comparable programs that can handle the PDF format are required.

If any provisions of these T&C, including this provision, are wholly or partially invalid or become invalid, the validity of the remaining provisions shall remain unaffected. Instead of the invalid or missing provisions, the respective statutory provisions shall apply.

Date: July 2024

© 2024 KAF

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