Terms of Use

These Terms of Use ("Terms") are a contract between you, as a user, and ooblee Alpine GmbH, a limited liability company under Austrian law with its registered office at Am Tabor 36, 1020 Vienna, Austria, registered with the Commercial Register of the Vienna Commercial Court (Handelsgericht Wien) under FN [number — to confirm], VAT number ATU80851534 (the "Operator", "we").

The Terms govern access to and use of the Celulit App, including all content, features and services available through it (the "App"). By creating an account, starting the free trial, subscribing or otherwise using the App you accept these Terms, the Privacy Policy and the Health Notice. If you do not accept them, do not use the App.

1. What the App is

The App is a 28-day program of exercise and care, organised by day, with video lessons, short tips, questions and check-in questions. The program was created by an external collaborator, the physiotherapist Andrijana Nikolić. The App is an informational and educational tool for exercising on your own at home. It is not a health service, not a diagnosis, not a therapy and does not replace the advice of a doctor or physiotherapist. Read the Health Notice before you start; it is part of these Terms.

2. Who may use the App

You may use the App if you:

1. are at least 18 years old;
2. use it as a consumer, for your own personal, non-commercial purposes;
3. are not prohibited from using it under the law that applies to you.

There is no version for minors. If we learn that an account is used by a person under 18, we will close it.

3. Account

Access to the App requires an account tied to your email address. You sign in with a link we send to that address; there is no password. You are responsible for access to your email address and device; anything done through your account is treated as done by you. The account is personal and must not be shared. Tell us immediately at support@celulitapp.com if you suspect someone else is using your account.

You can delete your account at any time in the App (Account → Delete account). Deletion is permanent: you lose your progress, answers and settings. Deleting the account does not by itself end a subscription that is still active; see Section 7.

4. Subscription and prices

Access to the program is paid by subscription. The current prices are:

• weekly plan: €1.99 per week;
• monthly plan: €3.99 per month;
• yearly plan: €29.99 per year.

All prices are in euro and include value-added tax (VAT) where it is chargeable. The price that applies to you is the one shown at the time of purchase. We may change prices and plan structures for future billing periods; we will notify you of a price increase by email at least 30 days in advance, and the new price applies only from the first renewal after that period. If you do not agree, cancel your subscription before the change takes effect.

5. Free trial period

A new user receives a 7-day free trial period. A valid payment card is required to start the trial; we charge nothing during the trial. When the trial ends, the subscription starts automatically and is charged under the plan you chose, unless you cancel before the trial ends. The date of the first charge is shown before you confirm and in the App (Account). The trial can be used once per person; we do not offer it on re-subscription.

6. Payment and automatic renewal

By subscribing you authorise us, or our payment service provider (Stripe), to charge your card at the start of each billing period (week, month or year) until you cancel. The subscription renews automatically at the end of each period at the price then in force. Card data is processed solely by the payment service provider; we do not store it.

You can request a plan change in the App (Account → Subscription). The change applies from the next billing period unless the App states otherwise.

7. Cancellation

You can cancel your subscription at any time, without giving a reason, in the App (Account → Subscription) or by writing to support@celulitapp.com. Cancellation takes effect at the end of the current paid period: until then you keep full access, and after that no further charges are made. Except in the cases in Section 8 or where mandatory law requires it, amounts already charged are not refunded and we do not refund a proportionate part for the unused remainder of a period.

If you delete your account while a subscription is active, the subscription is cancelled together with the deletion, with the same effect.

8. Right of withdrawal

As a consumer you have the right to withdraw from the contract within 14 days of its conclusion (the day you confirm the subscription or the trial) without giving a reason, under the Austrian Distance and Off-Premises Contracts Act (FAGG) and the applicable consumer-protection rules.

Access to the program is digital content that is not supplied on a tangible medium and that starts immediately. That is why, when you confirm, we ask you to expressly request that access begin at once, before the 14-day period has elapsed, and to acknowledge that by doing so:

1. you lose the right of withdrawal to the extent the service has been fully performed by then;
2. if you withdraw after access has begun but before the period has elapsed, you owe us a proportionate part of the price for the period in which you had access, and we refund the rest.

Nothing is charged during the free trial, so withdrawing during the trial has no financial consequence. To withdraw, send a clear statement to support@celulitapp.com or by post to our address; you may use the form in the annex at the end of these Terms, but you do not have to. We refund using the same means of payment, no later than 14 days after receiving your statement.

9. Failed payment

If a charge fails (for example because the card has expired or has insufficient funds), access to the program stops until the charge succeeds. We will email you with instructions to update your card, and the payment service provider will retry the charge over the following days. If a retry succeeds, access is restored and your progress is kept. If the charge still fails after the retries, we will cancel the subscription; the account and your progress remain and you can subscribe again.

10. Program content and health notice

The content of the App (videos, texts, tips, questions) is general in nature and intended for healthy adults. No promise is made about results: cellulite is a natural and common condition, results depend on individual factors and we do not guarantee that cellulite will disappear or diminish. You use the program at your own responsibility and in line with the Health Notice. If you have any medical condition, are pregnant or are unsure whether the program is suitable for you, consult a doctor before you start.

We update and change the content (for example when the author delivers new material). Individual days, videos or features may be changed, replaced or removed; access to the program as a whole is not reduced by this.

11. Permitted use

You may use the App only for your own exercise, personally and non-commercially. You may not:

• download, record, copy, reproduce, publicly show or further distribute the videos or other content;
• share your account or access with other people, or use the content to run group training, courses or any other commercial activity;
• circumvent technical protection measures, access the App by automated means or interfere with its operation;
• use the App in a way that breaks the law or infringes the rights of others.

12. Intellectual property

The App and all its content (software, design, texts, videos, audio, marks and names) belong to the Operator or its licensors, including the author of the program, and are protected by copyright and related rights. We grant you a limited, personal, non-exclusive, non-transferable and revocable right to use the App in accordance with these Terms for as long as you have access. All rights not expressly granted are reserved.

13. Changes to the App

We may change, extend and improve the App and its features. We may discontinue the App as a whole with at least 30 days' notice by email; in that case we refund the proportionate part of a price already paid for the period after discontinuation.

14. Termination and closing the account

You may stop using the App at any time by deleting your account (Section 3) and cancelling the subscription (Section 7).

We may temporarily restrict or close your account if you seriously or repeatedly breach these Terms (in particular Sections 2 and 11), if a law or an order of a competent authority requires it, or if payment permanently fails (Section 9). We will notify you of a closure by email, with the reason, unless the law does not allow us to. If we close your account through no fault of yours, we refund the proportionate part of a price already paid for the remaining period.

Provisions that by their nature should continue to apply (intellectual property, liability, governing law) survive termination.

15. Liability

Nothing in these Terms excludes or limits our liability for:

1. death or personal injury caused by our negligence;
2. damage caused intentionally or by gross negligence;
3. any other liability that cannot be excluded or limited under mandatory law.

Otherwise we are liable only for damage that is foreseeable and typical for this kind of contract, and our total liability to you is limited to the higher of (i) €50 or (ii) the total subscription fees you paid us in the three months before the event giving rise to the damage. We are not liable for indirect damage or lost profit.

We are not liable for the consequences of exercising contrary to the Health Notice, for outages of third-party services (internet, hosting, payment networks) beyond our reasonable control, or for third-party content the App links to. The App is provided as is, with reasonable efforts to keep it available and accurate; this Section does not reduce the rights you have as a consumer under mandatory law.

16. Governing law and disputes

These Terms and any dispute in connection with them are governed by the law of the Republic of Austria, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. This choice of law does not deprive you of the protection of the mandatory consumer-protection provisions of the country of your habitual residence, including Montenegro.

Please send any complaint first to support@celulitapp.com; we aim to resolve it within 14 days. If a dispute is not resolved, the courts of Vienna have jurisdiction, provided that as a consumer you may also bring proceedings before the court of your place of residence, and may be sued only there, where mandatory law so provides.

We are not obliged to take part in proceedings before a consumer dispute resolution body and as a rule do not.

17. Changes to these Terms

We may change these Terms. We will notify you of material changes by email or by a notice in the App at least 30 days before they take effect. If you do not agree with the changes, you can cancel the subscription and delete your account before that date. Continued use after the effective date counts as acceptance. The version in force is always available in the App, with the date of the last change at the top.

18. Notices and contact

We send notices to you by email to your account address or by a message in the App. You can reach us at support@celulitapp.com or by post at: ooblee Alpine GmbH, Am Tabor 36, 1020 Vienna, Austria. The Operator's details are in the Imprint.

If a provision of these Terms is invalid, the remaining provisions stay in force. These Terms exist in Montenegrin and English; in case of a difference, the Montenegrin version prevails for users in Montenegro.

Annex: model withdrawal form

Complete and return this form only if you wish to withdraw from the contract.

To: ooblee Alpine GmbH, Am Tabor 36, 1020 Vienna, Austria, support@celulitapp.com

I hereby give notice that I withdraw from my contract for the Celulit App subscription (weekly / monthly / yearly).

• Date of conclusion of the contract: __________
• Name: __________
• Account email address: __________
• Address: __________
• Date: __________
• Signature (only if sent on paper): __________