TERMS OF USE
FITPIXX or Gerald Teufl, Sonntagbergerstraße 14, A-3332 Rosenau am Sonntagberg, (hereinafter referred to as "FITPIXX") is pleased that you (hereinafter referred to as "User") are using mobile applications ("Apps") of FITPIXX or its website. FITPIXX provides its services, the website "fitpixx.design" as well as programmed Apps, under the following conditions:
- FITPIXX is not liable for damages caused by the website or mobile applications of FITPIXX, unless they are caused intentionally or by gross negligence. This applies to material as well as immaterial damages and in particular to possible data loss.
- FITPIXX does not assume any liability for the contents, provided free of charge within its services. In case of paid contents the liability for slight negligence is excluded.
- FITPIXX is also not liable and does not provide any warranty for possible defects of the free services.
- By making its Apps and website content publicly available, FITPIXX grants the User a right of use which can be revoked at any time. However, all copyrights remain with FITPIXX. The right of use only covers the use of the services for the respective purpose. In the case of the mobile application, this is the proper use on a smartphone, in the case of the website this is the access to the provided contents. Reproduction is not permitted, unless FITPIXX has expressly agreed to such reproduction.
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The User is not entitled to use the services as follows:
- Any use that is prohibited by law, regulation or governmental order or regulation in any relevant jurisdiction.
- To violate the rights of others.
- For unauthorized access to or unauthorized interference with services, devices, data, accounts or networks.
- To distribute spam or malware.
- In a manner that could damage its services or interfere with others' use of its services.
- In an application or situation where an error in the subject matter of the contract could result in death or serious injury to body or health or serious damage to property or the environment.
- In any other manner not in accordance with the purpose of the services.
- Any disputes arising out of these Terms of Use or from the use of the services shall be settled before the competent courts at the seat of FITPIXX.
- The use of the services as well as these Terms of Use are subject to Austrian law under exclusion of the UN Convention on Contracts for the International Sale of Goods and the referral norms.
- If one of the above provisions is or becomes invalid, the validity and effectiveness of the remaining provisions shall not be affected. In the event of invalidity, ineffectiveness or unenforceability, FITPIXX and the User shall be deemed to have agreed upon a provision which comes as close as possible to the economic result of this provision and which is not invalid, ineffective or unenforceable.
Last Updated: September 2020