TERMS & CONDITIONS

At Diamond App Group LLC, our goal is to help our users achieve the best fitness experience possible in a manner that suits their budget and lifestyle. To achieve this, we have updated our Terms & Conditions (“T&C”) which clearly outline rights, responsibilities, our Privacy Policy and more details about our products and services. The latest version of our T&C – effective as of January 29, 2019 – will be available to you at all times. Please take the time to read them before using Diamond App Group LLC services.



1. INTRODUCTION

1. Who we are. Diamond App Group LLC, 4315 Cottington Road, Nottingham, Maryland USA 21236 (“Diamond App Group LLC”) operates mobile apps aiming to create the best fitness experience possible for mobile users across the globe. Diamond App Group LLC offers the following Apps apart from and in connection with the services on the platform: Home Workout and Fitness App, Home Workouts and Exercises Pro, Spartan Workout & MMA Exercise, MMA Spartan Workouts Pro, Spartan Six Pack in 30 Days, Six Pack Abs Workouts Pro, Spartan System Female, Spartan System Female Pro, 7 Minute Workouts, 7 Minute Workouts Pro, Weight Loss at Home, Spartan Weight Loss Pro, Short Summer Training, Spartan Short Summer Workouts Pro, Butt & Legs Workouts, Butt & Legs Workout Pro

2. Our Goal. Diamond App Group LLC’s goal is to create an avenue for everyone in the world to pursue a healthier lifestyle through exercise and fitness.

3. Disclaimer. Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. Diamond App Group LLC neither substitutes your doctor, nor is Diamond App Group LLC responsible for your behavior. The contents of the Diamond App Group LLC Products, regardless whether they are provided by Diamond App Group LLC, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By accepting these T&C, you confirm that you are solely responsible for your health.



2. VALIDITY OF THE T&C

1. Validity. Diamond App Group LLC offers the Diamond App Group LLC Products on the basis of these T&C. The user consents to the validity of these T&C and any agreements incorporated therein by reference either by (i) using the Diamond App Group LLC Products, in case they are available without registration, or (ii) registration, in case they require an account. These T&C shall be valid until cancelled in the currently valid version as of January 29, 2019.

2. Prerequisite. Neither the registration nor the use of the complete spectrum of Diamond App Group LLC Products shall be possible without consent to these T&C.

3. Extent These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for Diamond App Group LLC Products.



3. SUBJECT OF THE AGREEMENT

Currently, Diamond App Group LLC essentially offers its users the following features and information in several languages:

Apps:

1. Applications for Apple iPhones, Android phones, and other smartphones on a global scale, that can be used both isolated on the smartphone.

2. The mobile applications are only available to users of smartphones. Only the basic functionality of the mobile applications is available for free.

3. Additional terms and conditions on the part of the mobile phone providers apply.

4. Content, e.g. texts, pictures and videos, regarding sports, health and nutrition, that is presented by Diamond App Group LLC and professional third parties.

5. Other content, such as



4. Purchases and Subscriptions

1. Free Apps, Pro Apps, and In-App Purchases. Diamond App Group LLC offers free apps which provide only basic features, workouts, and plans.

2. Pro Apps, In-App Purchases, and Subscriptions

1. Users who purchase pro apps, in-app purchases, and / or subscription plans with Diamond App Group LLC will be referred to herein as “Premium Members”

2. Diamond App Group LLC offers Pro apps which provide expanded options vs. the free apps with respect to features, workouts, and plans.

3. In-App purchases are available in Pro apps that provide additional workouts and plans over and above what is available with the purchase of the Pro apps.

4. Diamond App Group LLC offers Subscription plans that unlock all options and features, and is available for various subscription periods.

5. Specific Premium Member Terms & Conditions as set forth in Section 5 apply to users of Pro apps, users who make in-app purchases, and users who purchase subscriptions. Unless otherwise specified in the T&C or Section 5, all other provisions of these T&C also apply to the Premium Members.

6. Through purchasing a Pro App, In-App purchase, or Subscription you claim that you are over 16 years of age and that you are legally authorized to enter into agreements according to applicable law. If the aforementioned representation is not true, Diamond App Group LLC is not bound by these Premium Member Conditions.

7. Minors. Only persons legally capable to enter into agreements on their own behalf shall be permitted to make purchases with Diamond App Group LLC



5. TERMS AND CONDITIONS FOR PREMIUM MEMBERS

1. Purchase Requirement. In order to use the Diamond App Group LLC Premium Service for any purchases or subscriptions, you must (i) be legally able to make purchases, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, by credit card, via App Stores, or any other form of payment accepted by Diamond App Group LLC (the “Subscription”).

2. Types and Prices of Subscriptions. Diamond App Group LLC offers different Subscription periods so that you can choose the one that best satisfies your needs. The different Subscription types and applicable prices are available for viewing in the App Stores. All prices are subject to change at Diamond App Group LLC’s discretion at any time. Any price changes will be announced on the Platform or in the App Stores.

3. Payment.

1. Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Premium Services. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account.

2. Payments for the entire term of your Premium Membership shall be due immediately upon invoicing. Payment can be made using different online payment systems. If Diamond App Group LLC is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. Diamond App Group LLC may deliver invoices and payment reminders to the user by email.

4. Automatic Renewal. When your Subscription period expires, your credit card will be charged automatically with the standard subscription price which was valid at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at least prior to the expiration of your current Subscription. The standard subscription price can be viewed on the Platform and in the App Stores.

5. Cancellation. You may cancel your Subscription to Diamond App Group LLC Premium Service for Premium Members at any time by initiating the cancellation on the Platform or via the App Store. Unless otherwise provided for in Section 8, Diamond App Group LLC will not refund previously paid amounts.

6. Expiration. Subject to Section 5.4, for lack of a user’s cancellation of such user’s Subscription, each Subscription period ends only upon expiration of the agreed-upon time period, and regardless of the user’s actual use of the Diamond App Group LLC Premium Service for Premium Members during such period. Each user can check the length of the current Subscription period by viewing such user’s account information.

7. Contact. Please contact us for any questions you might have or to report any violations of the Purchase Conditions in this Section 5 at diamondappgroup@gmail.com

8. Application of Other Rules. Unless otherwise specified in this Section 5, all other provisions of these General T&C apply also to the Premium Members.



6. TERMINATION

1. General. Each user shall have the right to terminate the use of Diamond App Group LLC products at any time via his/her account settings. Diamond App Group LLC shall confirm such termination vis-a-vis the user.

2. Diamond App Group LLC’s Termination Right. Additionally, Diamond App Group LLC reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user’s obligations as set forth in these T&C and ancillary agreements.



7. USER OBLIGATIONS AND CONDUCT

1. User Obligations. Each user of the Diamond App Group LLC Products must:



8. BREACH OF USER OBLIGATIONS

1. Sanctions. In order to ensure the proper and reliable provision of Diamond App Group LLC Products, Diamond App Group LLC imposes the following sanctions upon breach obligations by a user:

The type of sanction shall depend on the purpose, impact, and type of the breach in light of Diamond App Group LLC’s and the user’s interests.

2. Cancellation. In the event a user account shall be cancelled in accordance with this Section 8, the respective user shall not be permitted to register again.



9. CONTENT

1. Marketing. The user consents that, as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.

2. Disclosure. Diamond App Group LLC shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to:

3. Use of Content. The user grants Diamond App Group LLC the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Diamond App Group LLC shall have the right to use, irrespective of the type of usage, all content both as part of the Platform and any other activity of Diamond App Group LLC or any company affiliated with Diamond App Group LLC. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Diamond App Group LLC uses content created by a user outside the Diamond App Group LLC Products, Diamond App Group LLC shall note that such content was created by the user.



10. PRIVACY POLICY

Please see the separate Privacy Policy available in the app description in the app store, that is an integral part of this agreement.



11. REPRESENTATIONS AND WARRANTIES

1. Limitation. Diamond App Group LLC does not claim or warrant that:

2. Own Risk. The user uses the Diamond App Group LLC Products exclusively at his/her own risk. This applies, without limitation, to:

3. Medical Advice. The use of any software or hardware offered by Diamond App Group LLC is no substitute for the consultation by the user of a specialized doctor.

4. External Content. Additionally, Diamond App Group LLC does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Diamond App Group LLC does not make any representations or warranties with respect to products or services of third party providers.



12. LIMITATION OF LIABILITY

1. General. Diamond App Group LLC shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if Diamond App Group LLC has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Diamond App Group LLC shall not be liable to other businesses and shall be liable to consumers only for personal damages. Diamond App Group LLC shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.

2. Content. Unless required by statutory law, neither Diamond App Group LLC nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the Diamond App Group LLC Products. This also applies to damages resulting from errors, problems, viruses or loss of data.

3. Downloads. Diamond App Group LLC assumes no liability for downloaded material or material obtained as a consequence of using the Diamond App Group LLC Products. The Registered User is solely responsible for any damages caused by such materials to his computer or smart phone system or for information that is lost as a consequence of downloading materials from any of the Diamond App Group LLC Products.

4. Conflicts. The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that Diamond App Group LLC will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.



13. INDEMNIFICATION BY USERS

1. Indemnification. The user shall indemnify Diamond App Group LLC for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to or any of the Diamond App Group LLC Products by such user or as a result of any other usage by such user of applications available from Diamond App Group LLC. The user shall bear the costs of any legal proceedings, in which Diamond App Group LLC may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.

2. Support. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Diamond App Group LLC all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Diamond App Group LLC may be entitled to bring against the user shall not be affected.



14. CHANGES TO THE T&C

1. General. Diamond App Group LLC reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then-current version of these T&C is available for viewing on the Platform as well as in the apps.

2. Written Form. Subject to Sections 14.1 any changes to these T&C must be made in writing. No ancillary oral arrangements exist.



15. MISCELLANEOUS

1. Severability Clause. In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.

2. Governing Law and Jurisdiction. These T&C and all contractual relations and litigation between users and the Diamond App Group LLC shall be governed by United States Law.


Last updated: January 29, 2019