ForgeFormTerms of use
Draft. These terms are not in force yet. They apply once the details in square brackets are filled in and a lawyer has reviewed them. This is a translation; the German version is binding.
1. Provider and scope
ForgeForm is provided by Robert Stertz, Stetten Straße 24, 86150 Augsburg, Germany, see the legal notice. These terms apply to the ForgeForm app, the web app at app.forgeform.de and the Trainer Console, and to every purchase in them. Users' own terms do not apply.
2. What ForgeForm is
ForgeForm is an app for logging training, food, weight and progress, on your own or with a trainer. Trainers coach their clients through the Trainer Console. ForgeForm is not a medical device and does not replace medical advice. Talk to a doctor before changing your training or diet substantially, especially with a health condition or during pregnancy.
3. Account
You need an account to use ForgeForm, and you must be at least 16. An account belongs to one person; keep your password secret. You can delete your account in Settings at any time. A Pro subscription bought on the web is cancelled with it; one bought through Google Play you cancel there yourself.
4. Free use and ForgeForm Pro
The basic features are free. ForgeForm Pro unlocks more, as listed on the app's Pro page. Pro is a subscription, billed monthly or yearly.
Bought through Google Play. You order on Google Play's order page; Google handles the payment for us.
Bought on the web. You order on the checkout page of our payment provider RevenueCat; RevenueCat and Stripe handle the payment for us. In both cases we are the seller.
The price is shown with its billing period before you order. [VAT statement: "All prices include VAT." or "No VAT is charged under §19 UStG."] The contract is concluded when you click the order button.
Term and renewal. The subscription renews automatically for the same period at the end of each period unless you cancel before. A cancellation takes effect at the end of the current period; Pro stays unlocked until then.
Free trial. If a free trial is offered, it turns into the paid subscription when it ends, unless you cancel before.
Cancelling. A subscription from Google Play is cancelled under "Subscriptions" in Google Play. A subscription from the web is cancelled through the link in every billing email, or on the page Cancel contracts here.
5. Pro through a trainer
If your trainer has a paid ForgeForm plan, Pro is included for you while you are their client and their plan runs. When either ends, this Pro ends. Your trainer sees only what you agreed to when joining, and you can end the connection in Settings at any time.
6. Trainer plans (businesses only)
Trainer plans are sold only to businesses within the meaning of §14 BGB, that is, to people using ForgeForm for their self-employed professional work. By ordering, you confirm that this applies to you. There is no consumer right of withdrawal for trainer plans.
A plan includes a number of client seats. A seat is an active client connection or an invitation that has not expired. Paid plans are billed through Stripe; a trial requires a payment method. You can cancel through "Manage billing" in the Trainer Console, effective at the end of the current period. When a paid plan ends, the console stays fully usable for 14 days and readable after that; no data is deleted because of it.
As a trainer, you use your clients' data only to coach them, and in line with data protection law.
7. What is not allowed
Using ForgeForm for unlawful purposes, using other people's accounts, harassing others through chat or attachments or sharing unlawful content, and disrupting the service or its interfaces or querying them automatically without permission are not allowed. We may suspend an account that does.
8. Availability
We aim to keep ForgeForm running without interruption but cannot guarantee it, for example during maintenance or a provider's outage. What you log offline is synced once you are connected again.
9. Liability
We are liable without limit for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act. For slight negligence we are liable only for breaching an essential contractual obligation, one whose fulfilment makes the contract possible and on which you may rely, and only up to the foreseeable damage typical for the contract. Otherwise our liability is excluded.
10. Changes to these terms
We may change these terms for the future, for example for new features or a change in the law. We announce changes in good time. A change that limits your rights in a paid subscription applies only with your consent.
11. Law and disputes
German law applies. If you are a consumer, you keep the protection of the mandatory rules of the country you live in. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
Right of withdrawal
For consumers buying ForgeForm Pro.
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.
To exercise your right of withdrawal, you must inform us (Robert Stertz, Stetten Straße 24, 86150 Augsburg, Germany, phone +49 162 9102029, stertz.robert@gmx.de) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory.
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.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To Robert Stertz, Stetten Straße 24, 86150 Augsburg, Germany, phone +49 162 9102029, stertz.robert@gmx.de:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: ForgeForm Pro
Ordered on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.