General Terms and Conditions (GTC) – Movina

Last updated: 2026-03-24

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Fastic GmbH, Pappelallee 78/79, 10437 Berlin, Germany (hereinafter "Provider" or "Movina"), govern the use of the services provided through the mobile applications (hereinafter "App" or "Movina App") and the website www.fastic.com (hereinafter "Website"). These GTC apply regardless of whether the use of the Movina services is free of charge or subject to a fee.

1.2 These GTC form the basis of all contracts concluded with us on the basis of our offers in the App or on the Website.

2. Definitions

2.1 Movina offers its users a program (hereinafter also "Services") covering topics such as fitness, exercise, health, and physical well-being. This includes, in particular, personalized training plans, guided workouts, and progress tracking. These Services are provided through the Movina App (iOS, Android).

2.2 The terms "consumer" and "entrepreneur" are used in accordance with the statutory definitions in §§ 13, 14 BGB (German Civil Code). A "consumer" is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An "entrepreneur" is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

Customers within the meaning of these GTC include both consumers and entrepreneurs.

2.3 "Distribution platform" (Vertriebsplattform) refers to the online stores of platform operators such as Google ("Google Play") and Apple ("App Store"), through which users can download the Movina App or make in-app purchases.

3. Use of the Movina Services

3.1 The Movina Services can be used free of charge or subject to a fee. Installing the App through a distribution platform is always free of charge. In addition, there is the option to subscribe to paid services (e.g., Movina Premium).

3.2 The Movina App can be installed and used on all platforms and devices supported by Movina, in particular on mobile phones and tablets running iOS or Android.

3.3 By installing the App, the user agrees to these GTC. If the App is downloaded through a third-party distribution platform, the terms and conditions of use of the respective platform shall apply in addition. In the event of any conflict, these GTC shall prevail.

3.4 The user confirms that all information provided by them is truthful, current, and complete. The user undertakes to update their personal information on a regular basis.

3.5 The user is obligated to protect their account from unauthorized access and misuse. Any suspicions or violations must be reported to the Provider without delay.

3.6 The Provider is entitled to close a user's account if abusive behavior is detected.

3.7 The use of the App is intended for persons aged 18 and over. Use by persons between the ages of 16 and 17 is permitted only with the consent of a parent or legal guardian. The purchase of paid subscriptions is reserved exclusively for persons of legal age (18 years and over). Should Movina become aware that personal data of persons under the age of 16 has been collected without the required consent, Movina will take all necessary steps to delete such data without delay.

4. Health Notices Regarding the Use of the Movina Services

4.1 Movina is not a medical organization, and the content, training plans, and recommendations provided through the Movina Services do not constitute medical advice, a diagnosis, or a treatment. Use of the Movina Services is at the user's own risk.

In particular, users are advised to consult a physician before using the Movina Services if:

• they are under medical treatment or taking prescription medication,
• they suffer from conditions such as cardiovascular problems, diabetes, pulmonary or respiratory diseases (including asthma), neuromuscular disorders, joint diseases, or musculoskeletal conditions,
• they are recovering from surgery or an injury,
• they are pregnant or breastfeeding,
• they suffer from chronic pain, dizziness, or balance disorders.

The recommendations and training plans provided by the Provider do not replace a medical examination, treatment, or professional training supervision by qualified professionals (e.g., physicians, physiotherapists, licensed personal trainers).

4.2 Movina recommends that users maintain a healthy weight in accordance with the guidelines of the World Health Organization (WHO). A healthy Body Mass Index (BMI) ranges between 18.5 and 25. A training plan should always be aligned with the individual's health condition. In case of uncertainty regarding one's own physical capacity, medical advice should be sought.

4.3 The exercises and training plans offered as part of the Movina Services are designed for averagely healthy, physically capable users. The user is responsible for:

• the correct and safe execution of exercises,
• observing their own physical limits,
• immediately stopping an exercise in the event of pain, dizziness, nausea, or any other discomfort,
• an appropriate warm-up before and cool-down after training.

Movina provides exercise instructions and guidance on proper execution but cannot supervise the actual performance of exercises. Persons between the ages of 16 and 17 may only use the Services in consultation with and under the supervision of their parents or legal guardians.

4.4 The liability of Movina is governed by the provisions of § 12 of these GTC.

5. Creation of a User Account

5.1 The Movina App can be used with or without a personalized user account. Upon the first launch of the App, an anonymous user account is automatically created. Registration with personal data (email, name) is not required.

5.2 The user may convert their anonymous account into a personalized account at any time by linking their email address to the user account and setting a password. Alternatively, linking can be done via "Continue with Apple" or "Continue with Google."

5.3 The creation of a personalized user account may be required in order to use the account across multiple devices or to restore it after uninstalling the App.

6. Term and Termination of Free Services

If the Movina Services are used free of charge, the usage agreement may be terminated at any time by either Movina or the user by sending an email to info@fastic.com or to the email address provided by the user, respectively. The user also has the option to delete their account independently through the App settings.

7. Conclusion of Contract, Term, Renewal, and Termination of Paid Services

7.1 Movina offers subscriptions with various fixed terms that are subject to a corresponding usage fee. This fee is generally payable in advance to obtain unrestricted access to all services (hereinafter "Movina Premium" or "premium features").

7.2 Conclusion of Contract

7.2.1 If the user wishes to use the premium features of the Movina App, they may unlock them through a so-called "in-app purchase" via the respective distribution platform (Apple App Store or Google Play Store).

7.2.2 When purchasing a Premium subscription through a distribution platform, the process is governed by the terms and conditions of the respective platform operator. The purchase contract is concluded in accordance with the provisions of the respective distribution platform.

7.2.3 The available subscription options, their terms, and prices are displayed to the user in the App before purchase. By completing the in-app purchase, the user submits a binding contractual declaration.

7.3 Trial Subscriptions

Movina may offer time-limited trial subscriptions that allow users to test the premium features free of charge before purchasing a paid subscription. The duration of the trial period is communicated to the user in the respective offer. If the trial subscription converts into a paid subscription after the trial period expires, this will only occur after prior notification and express consent of the user in accordance with the terms of the respective distribution platform.

7.4 Paid Subscriptions with a Free Period

Movina may offer paid subscriptions that include a limited free-of-charge period at the beginning (e.g., "first month free"). In such cases, the paid subscription contract is already concluded at the time of contract formation; the free period does not constitute a trial phase. The statutory right of withdrawal remains unaffected and is 14 days from the date of contract conclusion, regardless of the duration of any free period. Upon expiration of the free period, the usage fee stated in the offer becomes due.

7.5 Term

The paid subscription runs for at least the term selected by the user, plus any applicable trial period.

7.6 Termination / Renewal

7.6.1 The user has the right to ordinarily terminate the Premium membership contract at the end of the respective term. Ordinary termination takes effect only at the end of the agreed term.

7.6.2 Since the subscription is concluded through a distribution platform (Apple App Store or Google Play Store), termination is carried out through the subscription management of the respective app store. The terms of the respective platform operator apply. Details regarding termination can be found in the account settings of the respective app store:

• Apple: Settings > Apple ID > Subscriptions
• Google: Google Play Store > Menu > Subscriptions

Termination of the paid subscription does not automatically result in the deletion of the user account. For account deletion, the procedure set out in § 6 must be followed separately.

7.6.3 If no timely termination is made in accordance with the terms of the respective distribution platform, the subscription will automatically renew for the originally selected term. The terms of automatic renewal are set out in the respective offer and the terms of the distribution platform.

7.6.4 Termination may also be effected by email to info@fastic.com. In the event of termination by the Provider, the notice of termination will be sent to the email address provided by the user.

7.6.5 The right to extraordinary termination for good cause remains unaffected. Good cause for Movina exists in particular if the user violates applicable law or material contractual obligations.

8. Payment and Prices

8.1 Prices and Due Dates

For orders placed in the Movina App, the prices listed in the offer at the time of the order shall apply. The stated prices are total prices and include the applicable statutory value-added tax (VAT).

8.2 Payment Methods

Payment is made exclusively through the respective distribution platform (Apple App Store or Google Play Store). Payment processing and available payment methods are governed by the terms of the respective platform operator. Movina does not have access to the user's payment instruments (e.g., credit card numbers).

8.3 Failed Payments

In the event of failed payments through the distribution platform, the terms of the respective platform operator apply. Access to premium features may be temporarily suspended in the event of non-payment.

9. Changes to the Usage Fee

The Provider reserves the right to change the usage fee for subscription options. Price adjustments will only take effect after the expiration of the current subscription term or when the next renewal of the subscription becomes due for payment. In the event of an upcoming price increase, the Provider will inform the user at least 30 days before the planned change. If the notification is given less than 30 days in advance, the price adjustment will not take effect until the subsequent payment date.

10. Changes, Interruptions, and Discontinuation of the Movina Services

10.1 Movina may modify continuously provided digital products if there is a valid reason, in particular due to technical developments, security requirements, changes in legislation, or to improve functionality and user experience, provided that no additional costs are incurred by the user and the essential purpose of the contract is preserved.

The user will be informed of material changes in a timely and clear manner. If a change more than insignificantly impairs the usability, the user is entitled to the statutory rights pursuant to § 327r BGB (German Civil Code).

10.2 The user has the right to terminate the subscription extraordinarily if a change, interruption, or discontinuation of the Services substantially impairs the contractual purpose. If the user exercises their right of termination, they are entitled to a pro-rata refund for the unused portion of their subscription.

10.3 The subscription terminates automatically if the Provider or the respective distribution platform through which the Services are provided fully discontinues the service or business operations.

10.4 These GTC shall continue to apply to any modified Services.

11. Warranty

11.1 If a contract is concluded between the Provider and the user, the Provider shall be liable for defects of the App in accordance with the statutory provisions, in particular pursuant to §§ 434 ff. BGB (German Civil Code) and the provisions governing contracts for digital products (§§ 327 ff. BGB).

11.2 The Provider endeavors to ensure continuously complete and error-free availability of the Movina App but does not guarantee or warrant its uninterrupted availability.

12. Liability

12.1 Claims by the user for damages are excluded. Excluded from this exclusion are claims for damages arising from injury to life, body, or health, or from the breach of material contractual obligations (cardinal obligations), as well as claims for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

12.2 In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract, provided that such damage was caused by simple negligence. This does not apply to claims for damages arising from injury to life, body, or health.

12.3 The limitations of liability set out in paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

12.4 Liability under the Produkthaftungsgesetz (German Product Liability Act) remains unaffected.

13. Right of Withdrawal

13.1 The following provides information on the conditions and consequences of the statutory right of withdrawal. This right is available exclusively to consumers within the meaning of § 13 BGB (German Civil Code).

13.2 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 date of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us

Fastic GmbH Pappelallee 78/79 10437 Berlin Germany Email: info@fastic.com Phone: +49 30 41735147

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

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

Note: For in-app purchases made through the Apple App Store or Google Play Store, different withdrawal terms of the respective platform operator may apply. Please also refer to the terms of the respective distribution platform.

13.3 Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For such reimbursement, we shall use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no event shall you be charged any fees as a result of such reimbursement.

If you requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you notify us of the exercise of the right of withdrawal with respect to this contract, in comparison with the total scope of the services provided for under the contract.

13.4 Model Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

— To: Fastic GmbH, Pappelallee 78/79, 10437 Berlin, Germany, info@fastic.com

— I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*)

— Ordered on (*)/received on (*)

— Name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only for notification on paper)

— Date

(*) Delete as applicable

14. Intellectual Property

14.1 All content of the Movina App and the Website, including texts, images, videos, graphics, music, exercise instructions, training plans, software, trademarks, and logos, are protected by copyright, trademark, and other intellectual property rights and are the property of the Provider or its licensors.

14.2 The user is granted a simple, non-transferable, non-sublicensable, and revocable right to use the content of the App for the duration of the usage relationship and exclusively for personal, non-commercial use.

14.3 Any use beyond this, in particular the reproduction, distribution, making available to the public, modification, or commercial exploitation of the content, requires the prior written consent of the Provider.

15. Out-of-Court Dispute Resolution

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

16. Final Provisions

16.1 The law of the Federal Republic of Germany shall apply to all legal transactions and legal relationships with us. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, including after their incorporation into German law, shall not apply. This choice of law does not preclude the user who is habitually resident in a member state of the EU or Switzerland from being afforded the protection granted by the mandatory provisions of the law of that state.

16.2 In business dealings with merchants and legal entities under public law, the agreed place of jurisdiction for all legal disputes arising from these GTC shall be our registered office in Berlin. In such cases, we are also entitled to bring proceedings at any other statutory place of jurisdiction. Any exclusive place of jurisdiction remains unaffected.

16.3 Should individual provisions of these GTC be or become wholly or partially invalid, this shall not affect the validity of the remaining GTC. The invalid provisions shall be replaced by the statutory provisions. The same applies insofar as the GTC contain any unforeseen gap.

16.4 Movina makes these GTC available to the user in various languages. However, only the German-language version shall be authoritative and shall prevail in the event of disputes, misunderstandings, or conflicts over all translated versions.

16.5 Movina is entitled to engage third parties in whole or in part for the performance of the agreed services. The Provider may also transfer its rights and obligations to one or more third parties.

16.6 The Provider is entitled to amend these GTC at any time with effect for the future, if objective reasons such as changes in legislation, decisions of the highest courts, economic developments, technical innovations, or changes in market conditions so require and the user is not unreasonably disadvantaged thereby. Amendments to the GTC will be communicated to the user in a timely manner, at least 14 days before they take effect, in a suitable manner or by email. Each user has the right to object to the new GTC.

17. Data Protection

Movina's privacy policy is available at www.fastic.com/privacy and in the App under Settings > Legal > Privacy.