Terms and Conditions

1. Scope and Provider

These General Terms and Conditions govern the use of the app "FitWithNikhil" (hereinafter "App"), offered by:

Nikhil Dingra, Lassallestr. 51, 21073 Hamburg, Germany
E-mail: info@fitwithnikhil.de

2. Subject Matter of the Contract

The App offers digital fitness and nutrition coaching. Based on the information you provide (body data, goals, training and nutrition preferences), individual training, nutrition and supplement recommendations are generated automatically and continuously adjusted. In addition, a direct chat with the coach is available.

Important notice: The training, nutrition and supplement recommendations provided in the App are partly generated automatically or with the help of AI and do not replace medical, nutritional-medical or physiotherapeutic advice. If you have health limitations, pre-existing conditions, are pregnant, or are unsure about your physical capacity, please consult a doctor before using the App.

3. Coaching by Independent Coaches

The App can also be used by other, independent trainers who use it to coach their own clients. You can tell whether this applies to you by whether the name and, if applicable, the logo of your coach appears in the App and whether you registered via their invitation link.

In this case, the coaching service itself - i.e. the coaching, the creation and adjustment of your plans and the personal communication - is provided by your coach, not by us. Your contracting partner for this service is your coach; the fee is billed via their payment account. We provide the technical platform through which this coaching takes place. These Terms and Conditions govern the use of the App; the agreements you have made with your coach apply additionally to the coaching service.

If you are not coached via such an invitation link but directly by FitWithNikhil, we are your sole contracting partner and this section does not apply to you.

4. Conclusion of Contract and Registration

The contract is concluded through your registration and confirmation of your e-mail address. This requires that you have reached the age of 18, or, in the case of minors, that the parents or legal guardians have given their consent. The information provided during registration must be truthful.

5. Prices, Free Use and Payment Terms

After registration and onboarding, you can use the App free of charge and in full for 7 days. No payment details are required for this, and no fee-based contract is created.

If you take out a subscription via our payment service provider Stripe within these 7 days, you will not be charged until the 7 days have expired (for technical reasons, at least 48 hours after taking out the subscription). After that, the subscription continues automatically unless you cancel it beforehand. If you do not take out a subscription, your access to the App ends after the 7 days until you take out a subscription. If you take one out only afterwards, the subscription begins when it is taken out and is chargeable from that point onward. Anyone who has already had a subscription will not receive another free trial.

The subscription is available monthly, quarterly or annually, depending on the option chosen. The current prices can be found on the pricing page of the App. Payment processing is carried out via Stripe.

6. Term and Termination

The subscription runs for an indefinite period and can be cancelled at any time with effect at the end of the current billing period. Cancellation is carried out independently via the subscription management in your profile (Stripe customer portal). If you cancel before the free 7 days have expired, you will not incur any costs.

Once your subscription is running on a paid basis, you can pause it in the App. While paused, nothing is charged, but the App will not be available to you during that time.

7. Right of Withdrawal for Consumers

Consumers have a statutory 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 the contract is concluded. The fee-based contract is concluded upon completion of the subscription via Stripe. To exercise your right of withdrawal, you must inform us (Nikhil Dingra, Lassallestr. 51, 21073 Hamburg, info@fitwithnikhil.de) by means of a clear statement (e.g. by e-mail) of your decision to withdraw from this contract. 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.

If you withdraw within the free 7 days, you will not incur any costs. If you expressly request that the service begin before the end of the withdrawal period and you withdraw afterward, you must pay us a reasonable amount for the services provided up to that point. The right of withdrawal expires upon full performance of the contract if you have expressly consented to this beforehand.

8. Obligations when Using the App

You are obliged to keep your access credentials confidential and not to disclose them to third parties. You are liable for activities carried out using your access credentials to the extent that you are responsible for the unauthorized use. Information on health, training status and goals must be provided truthfully and to the best of your knowledge, as the plans created are based on it.

9. Liability

We are liable without limitation for intent and gross negligence as well as under the provisions of the Product Liability Act [Produkthaftungsgesetz]. In the case of slight negligence, we are only liable for the breach of a material contractual obligation (cardinal obligation), limited to the foreseeable damage typical for this type of contract. The use of the training and nutrition recommendations is in any case at your own responsibility; we are not liable for health impairments arising from disregard of individual physical conditions or medical advice.

10. Changes to these Terms and Conditions

We reserve the right to amend these Terms and Conditions with effect for the future, to the extent necessary to adapt to changed legal or technical circumstances. We will inform you of material changes in good time, e.g. by e-mail or an in-app notice.

11. Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods; mandatory consumer protection provisions of your habitual place of residence remain unaffected. Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.