TERMS OF USE FOR OSSO

Please read the following terms of use ("Terms") carefully before using the services (as defined below) offered by OSSO ("us", "we", "our", or "OSSO"). These Terms establish the legally binding conditions for your use of the OSSO software embedded in the OSSO device, the OSSO subscription service(s) used in connection with the OSSO device/devices ("Subscription" or "Membership"), and the services, features, content, websites (or other linked pages), or applications offered by OSSO in connection therewith from time to time (collectively referred to as the "Services"). These Terms contain important information about the services provided to you and the fees and amounts we charge you. These Terms also include information about future changes to these terms and automatic renewals. By accessing and using the Services in any way, you confirm that you have read and agree to be bound by these Terms and the OSSO Privacy Policy (www.osso.fitness/privacy) ("Privacy Policy"). If you do not accept these Terms, you are not authorized to use the Services. 

While these Terms in their entirety are important, you should pay particular attention to: (a) when we can terminate these Terms, how your membership will automatically renew, and your associated payment obligations (see Sections 4 and 9); (b) the fact that we do not provide medical advice (see Section 7); (c) the disclaimers of liability in Section 10; and (d) our liability to you (see Section 11). 

INTRODUCTION

The Services allow you to track, manage, and share fitness-related data collected through the OSSO app. The Services are provided to you by OSSO in conjunction with our partners, service providers, sponsors, or other affiliated companies. In order for us to manage our website and mobile applications safely and responsibly for all our users, your use of the Services is subject to these Terms. OSSO may change these Terms, content, and/or the Services at any time, and such change will be effective upon posting the changes within the Services and notifying you thereof. By continuing to access or use the Services after such a change, you agree to be bound by the modified Terms, content, and/or Services, as applicable. In the event of a change to these Terms, you may terminate these Terms within two weeks of the change coming into effect by notifying us under Section 9, and we will refund you a pro-rata portion of the membership fee you paid in advance for the period during which you did not use the Services as a result of such termination. Regardless of whether you purchased a membership or received a membership from a third party, these Terms apply to your use of the Services in connection with a membership.

REGISTRATION

The OSSO membership includes an OSSO tool and access to the OSSO app. OSSO offers three membership options - monthly, yearly, and 24 months. Price information for each membership can be found at join.osso.fitness.

To use the membership, you must subscribe, pay all applicable subscription fees ("Membership Fees") when due, and create an account ("Account"). You agree to provide truthful, accurate, and complete information and to update and maintain your account information. You are not allowed to choose or use as a username the name of another person to impersonate them, or to use a name that is subject to the rights of another person other than you without appropriate authorization. You are solely responsible for all activities that occur under your account and for the confidential and secure retention of your account password. You may never use another person's account or registration information for the Services without permission. You agree to promptly notify us of any change in your eligibility to use the Services, a security breach, or unauthorized use of your account or password. You must never publish, distribute, or post the login credentials for your account. You have the option to delete your account, either directly or by request to one of our employees or an affiliated company. OSSO is not responsible for any losses or damages arising from non-compliance with this section.

USE OF THE SERVICES

The content may be our property or provided through an agreement with third parties, including other users of the Services or our licensors, partners, sponsors, or affiliated companies. The content is protected by intellectual property rights, including copyright under both EU and other law. Unauthorized use of the content may violate copyright, trademark, and other laws and rights. Except for your rights to user-generated content (as defined below), you have no rights to the content, and you may only use the content as allowed under these Terms. Any other use is only permitted with prior written consent from us or the owner of the content. You must retain all copyright and other proprietary notices contained in original content in any copy you make of the content. You may not sell, transfer, assign, license, sublicense, or modify content, or reproduce, display, publicly perform, create derivative works from, distribute, or otherwise use content for public or commercial purposes. If you violate any part of these Terms, your permission to access and/or use the content and Services automatically terminates, and you must promptly destroy any copies you have made of the content.

Various company, product, and service names displayed in the Services may be trademarks or service marks owned by others ("Third-Party Marks"). Your use of the Services should not be construed as granting you implicitly, by estoppel, or otherwise, a license or right to use any Third-Party Mark displayed in the Services. The Third-Party Marks may not be used to disparage third parties, their products, or services, or in any manner that, in our reasonable judgment, may damage the reputation of the Third-Party Marks.

The Services include access to links to, as well as content, recommendations, and data from, third-party websites, products, and services ("External Services"). External Services also include AI technologies, including LLM. These External Services are provided solely as an additional benefit to you, do not constitute an endorsement by us of the content, recommendations, and data provided on or through these External Services, and may be subject to separate legal terms between you and the third parties. The content, recommendations, and data of these External Services are developed and provided by others. Additionally, the Services provide access to content, recommendations, and data that are posted, stored, or displayed at the direction of users of the Services, for which we do not assume any responsibility or liability to the extent permitted by law.

The Services are intended for personal use only and may not be used in connection with commercial ventures unless expressly approved by OSSO. The following actions are expressly prohibited: (i) collecting usernames and/or email addresses of other users electronically or by other means for the purpose of sending unsolicited emails or other communications; (ii) any use of the Services that, in our sole discretion, impairs the reliability, speed, or operation of the Services or the underlying hardware or software; (iii) using methods for web scraping, web harvesting, or extracting web data from OSSO, even if the account holder has given their consent; and (iv) any use of the Services that is unlawful or violates this Agreement.

TERMINATION

Without prejudice to OSSO's other rights and remedies, OSSO has the right to (i) terminate your membership in the event of a breach of the provisions of these Terms and (ii) terminate the Services at its own discretion at any time. Unless you are in breach of these Terms, we will refund you a pro-rata portion of the membership fees you paid in advance for the period during which you are unable to use the terminated Services as a result of the termination.

You must maintain an active membership to continue using the Services. Your membership may be extended for additional periods according to the acquired membership. These Terms also apply to the extended membership.

If you have received a free membership, OSSO reserves the right to modify or terminate this free membership, your account, and your access to the Services at any time with or without notice, temporarily or permanently. Unless modified or terminated by OSSO at its own discretion, your free membership will remain in effect until the end of the respective free membership period or until you cancel or upgrade to a paid membership. 

Unless otherwise specified, no membership fees will be refunded even if you no longer use the Services. Your membership begins once you activate your OSSO app or thirty (30) days after the shipment of your OSSO tool, whichever occurs earlier. In the case of a monthly membership, you authorize OSSO to charge your payment method for one (1) month in advance. Subject to our warranty and return policies, you may cancel your monthly membership no earlier than after 12 months. In the case of an annual or 24-month membership, the initial non-refundable (subject to the terms in our warranty and return policies below) membership fee covers the first 12 or 24 months of your membership. The joining fee also covers the cost of your OSSO tool, and you retain ownership of your OSSO tool after terminating or canceling your membership and paying the joining fee.

If due membership fees are outstanding for a period of three (3) days or longer, your account will be placed in an inactive state. In this inactive state, you will not be able to use the OSSO app. Upon appropriate payment, your account will be reactivated, and you can use the full functionality of the membership and your OSSO device.

Upon cancellation or termination, all licenses granted to you herein will automatically terminate, your right to use the Services will cease, and your user-generated content, as defined below, will no longer be available to you through the Services.

5. ASSISTANCE

You may receive assistance and maintenance as described in the OSSO FAQs or as provided in your subscription.

6. USER CONTENT

The services may include features allowing for the submission of your content, either manually at the direction of users of the services or automatically in accordance with your account settings ("User Content"), as well as the hosting, sharing, and/or publishing of such User Content. You warrant and represent that all User Content provided by you is accurate, complete, and current, and complies with all applicable laws, rules, and regulations. User Content includes, among other things, all user profile information submitted by you and publicly accessible, all data collected by the OSSO device, including but not limited to statistics and measurements, wellness information, and recovery values generated through the use of the services, as well as any information submitted by you to "tag" activities recorded through the services. You acknowledge that OSSO does not guarantee confidentiality with respect to User Content you make available to others.

You are solely responsible for User Content you submit or permit to be collected, as well as the consequences arising from the publication of such User Content. In connection with the User Content you submit, represent, warrant, and covenant that: (i) you possess or can obtain the necessary licenses, rights, consents, and permissions to use all patents, trademarks, trade secrets, copyrights, or other proprietary rights in all User Content to enable the inclusion and use of the User Content in the manner contemplated by the services and these terms of use, and to grant us the right to use them; and (ii) you have obtained the express, informed, and unequivocal consent, release, and/or permission of each identifiable individual in the User Content to use the name or likeness of each identifiable individual to enable the inclusion and use of the User Content in the manner contemplated by the services and these terms of use. By submitting User Content to us, you hereby grant us an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to edit, modify, truncate, aggregate, use, reproduce, distribute, create derivative works of, display, perform, publish, and commercially exploit the non-personal User Content, in whole or in part, in connection with our provision of the services and our business (and that of our successors), including but not limited to promoting and redistributing a portion or the entirety of the services (and derivative works thereof) in any media formats and through any media channels and sharing the User Content on social media platforms (i.e., posting User Content on Twitter or Facebook, if enabled in your account's sharing settings) with our business partners and licensees for informational and analytical purposes. To the extent User Content contains personal data (as defined in the EU General Data Protection Regulation), the foregoing license is subject to our Privacy Policy. We may retain copies of User Content for backup, security, or maintenance purposes or as required by law.

In connection with User Content, you further agree not to:

(i) Submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant us all of the license rights granted herein;

(ii) Publish falsehoods or misrepresentations that could damage us or any third party;

(iii) Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

(iv) Publish advertisements or solicitations; or

(v) Impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. We do not permit copyright-infringing activities and infringement of intellectual property rights in connection with the services, and we will remove all content and User Content if properly notified that such content or User Content infringes on another's intellectual property rights. We may remove any content and User Content without prior notice. We may also terminate your access to the services for uploading such material that violates these terms of use at any time, without prior notice, and at our sole discretion. 

If you are a copyright owner or an agent thereof and believe that User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") or the EU Directive on Digital Copyright (and any national laws implementing these in the United Kingdom or in the EU) by providing our designated copyright agent with the following in writing: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on a single website are covered by a single notification, a representative list of such works on that website; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Only notifications pursuant to this Section 6 and notifications relating to complaints about User Content or violations of these terms of use should be directed to the copyright agent. All other feedback, comments, requests for technical support, and other communications should be directed to the address in Section 14.

7. FITNESS-RELATED CONTENT

The content available through the services may include workout recommendations and other media designed to assist you in achieving your health, fitness, and well-being goals. You acknowledge and agree that OSSO is not a healthcare provider, personal trainer, or fitness instructor, and that the services (including any recommendations and information available through the services that may appear personalized) may not be suitable for you. OSSO does not guarantee that specific results can be achieved through the use of the services.

8. PAYMENT OF FEES

a. Fees. You commit to paying the membership fees as described in these Terms of Use and during the purchase and payment process (including the joining fee). All payment terms presented to you when applying for membership are considered part of these Terms of Use and are incorporated herein by reference.

b. Billing. We may collect payments from you directly, or we may engage a third-party payment processor ("Payment Processor") to bill you for your membership through a payment account linked to your account with the services (your "Billing Account"). Payment processing by a Payment Processor is subject, in addition to these Terms of Use, to the terms and privacy policy of the respective Payment Processor. We are not responsible for errors by a Payment Processor. By electing to purchase a membership, you agree to either directly pay us or authorize us, through a Payment Processor, to charge your chosen payment method (your "Payment Method") for all membership fees and other charges at the then-current prices and in accordance with the applicable payment terms. You agree to make payment using your chosen Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make, even if we or a Payment Processor have already requested or received payment.

c. Payment Method. Your payment terms will be determined by your Payment Method and may be governed by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. In the event we do not receive payment from you via a Payment Processor, you agree to pay all amounts due on your Billing Account upon demand.

d. Recurring Billing. Membership payment terms may consist of an initial period for which a one-time fee is charged, followed by recurring fees to which you have agreed. By opting for a recurring payment plan, you acknowledge that these membership fees will be billed with an initial and a recurring payment, and you accept responsibility for all recurring fees prior to cancellation. We may charge regular fees (e.g., monthly or annually, depending on your subscription) without further authorization from you, until you provide notice (the receipt of which is confirmed by us) that you have cancelled this authorization or wish to change your Payment Method. Such notice will not affect fees accrued before we could reasonably act. To cancel your authorization or change your Payment Method, go to the account settings at https://app.osso.fitness.

e. Current Information Required. You must provide current, complete, and accurate information for your Billing Account. You are obligated to promptly update all information to keep it current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date of the credit card), and you must promptly notify us or our Payment Processor if your Payment Method is cancelled (e.g., for loss or theft) or if you become aware of a potential security breach, such as the unauthorized disclosure or use of your username or password. Changes to this information can be made in the account settings at https://app.osso.fitness. If you do not provide any of the above information, you agree that we may continue to charge you for any subscription fees under your Billing Account, unless you have cancelled your subscription as described above.

f. Automatic Renewal. The Membership is a successive twelve (12)-month. we will notify you by email at least thirty (30) days prior to the automatic renewal taking effect. To modify or cancel your membership, go to the account settings at https://app.osso.fitness. If you cancel your membership, you may continue to use it until the end of the current term, and your membership will not be renewed after the current term expires. However, you will not be entitled to a prorated refund of any fees paid for the current term. If you do not wish to pay recurring fees, you must cancel or terminate your membership before the end of the current term. Your membership cannot be terminated with effect before the period for which you have already paid, and OSSO will not refund any amounts paid by you, unless expressly provided for in these terms.

g. Reauthorization. If you do not cancel your membership or continue to use it, you confirm that we are authorized to charge your Payment Method for this membership or request payment of these fees from you. Your Payment Method may be charged for these fees as described in advance.

9. DISCLAIMER OF WARRANTY

We have exercised all reasonable care in providing the services. Except as stated in Section 16 and to the extent permissible under applicable law, the services and content are, however, provided on an "as is" and "as available" basis without any express or implied warranties of any kind. We hereby disclaim all implied warranties and representations, including but not limited to the warranty of merchantability, non-infringement of third-party rights, and fitness for a particular purpose. We, our affiliates, our partners, our and their respective officers, directors, employees, agents, suppliers, or licensors do not make any warranties or representations regarding the content (including User Content) or the services, including but not limited to accuracy, reliability, completeness, timeliness, or reliability. Neither we nor our affiliates or partners are liable for the accuracy, correctness, or completeness of the information transmitted to users through the services, nor for errors, mistakes, or omissions therein, or for delays or interruptions in the flow of data or information, regardless of the cause. Furthermore, we do not warrant that the services will be error-free or that the services or content will be free from computer viruses or similar harmful code. If your use of the services or content results in the need for servicing or replacing equipment or data, we are not responsible for those costs. You agree that you use the services and content at your own risk. 

10. LIMITATION OF LIABILITY

Our liability to you for failure to provide the services with reasonable skill and care is limited to the total amount of membership fees paid by you, and for any other losses or damages suffered by you, whether direct or indirect (including, without limitation, lost profits or damages arising from data loss or business interruption), arising from the use or inability to use the OSSO tool, the services, and/or the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, our liability is limited to one hundred euros. Cases of product liability and our liability for damages to life and limb remain unaffected.

11. CHANGES TO THE SERVICES

The services may change over time. We are entitled to suspend or terminate parts of the services, introduce new features, limit certain features, or restrict access to parts or all of the services. We will attempt to notify you of any material change to the services to the extent possible and reasonable. Likewise, we reserve the right to remove content or User Content

13. GENERAL

a. Assignment. You may not transfer or assign these Terms of Use or any rights and licenses granted herein, but we may do so without restriction, provided that we ensure such assignment does not adversely affect your rights under these Terms of Use.

b. Applicable Law, Jurisdiction. These Terms of Use and any disputes arising out of or in connection with them (including non-contractual disputes) shall be governed by German law, and you may bring legal proceedings in relation to the Services or these Terms of Use before the courts of Germany. If you reside outside of Germany, you may also bring legal proceedings in relation to the products or these Terms of Sale in the EU member state in which you have your residence. The possibility of initiating legal proceedings in other countries is not excluded hereby.

c. Severability Clause. If any provision of these Terms of Use is found by a competent court to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. It is the express intention of the parties that this provision not be construed as a mere shifting of the burden of proof, but as a contractual waiver of § 139 of the German Civil Code in its entirety.

d. Third-Party Distribution Channels. OSSO offers software applications that may be made available through the Apple App Store, the Google Play Store, or other distribution channels ("Distribution Channels"). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Use apply solely between you and us and not with the Distribution Channel. To the extent you use other third-party products and services in connection with using our Services, you agree to comply with all applicable terms of use for such third-party products and services. For software provided for use in connection with an Apple product (such software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Use, the following terms and conditions apply:

• OSSO and you acknowledge that these Terms of Use are concluded only between OSSO and you, and not with Apple Inc. ("Apple"), and that OSSO, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the usage rules for Apple-Enabled Software contained in the App Store Terms of Service or the App Store Review Guidelines.

• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.

• Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Apple-Enabled Software.

• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to OSSO as provider of the Apple-Enabled Software.

• OSSO and you acknowledge that OSSO, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of the Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

• In the event of any third-party claim that the Apple-Enabled Software or your possession and use of the Apple-Enabled Software infringes that third party's intellectual property rights, OSSO, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a country that supports terrorism, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

• If you have any questions, complaints, or claims regarding the Apple-Enabled Software, they should be directed to OSSO at the email address, telephone number, or mailing address set forth in Section 14 of these Terms of Use.

OSSO and you acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Use with respect to the Apple-Enabled Software and that Apple has the right (and is deemed to have accepted the right) to enforce these Terms of Use with respect to the Apple-Enabled Software against you.

14. CONTACT

If you have any questions about the Services, please submit your inquiry at support.osso.fitness. Our mailing address is OSSO Fitness, Mirker Str. 37, 42105 Wuppertal, Attn: Legal Department.

15. RIGHT OF WITHDRAWAL AND TERMINATION OF MEMBERSHIP

Right of Withdrawal.

You have the right to revoke the contract regarding your membership within fourteen (14) days without giving any reason. The withdrawal period starts with the receipt of the OSSO Tool. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter or email). The withdrawal can be sent to:

By email to hello@osso.fitness

or by mail to OSSO Fitness, Mirker Str. 37, 42105 Wuppertal, Attn: Legal Department.

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. 

Consequences of Withdrawal.

In the event of an effective withdrawal, the mutually received benefits are to be returned and any benefits derived (e.g., membership fee paid) are to be surrendered. This means that you will be refunded the membership fee you paid, as well as any delivery costs, within fourteen (14) days after exercising your right of withdrawal. The refund will be made using the same payment method you used for the original transaction, unless expressly agreed otherwise with you. We will not charge you any additional fees for the refund.

You must return the OSSO Tool received with the conclusion of the membership within fourteen (14) days after the declared withdrawal at your own expense. For this purpose, please request a return label from us at support@osso.fitness, which will be provided to you promptly. The return costs will be automatically deducted from your refund amount.

We reserve the right to withhold the refund until we have received the OSSO Tool back or until you have provided proof that you have returned it, whichever occurs earlier.

You are only responsible for any diminished value of the OSSO Tool resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Once a return is requested, the associated member account with the OSSO Tool will be deleted, and you will no longer have access to it.

Membership Termination.

In addition to the right of withdrawal, you are granted the right to terminate your membership within the first thirty (30) days after receiving the OSSO Tool. The termination is to be made in writing via email to support@osso.fitness.

You must return the OSSO Tool to us at your own expense within thirty (30) days after exercising the termination. For this purpose, please request a return label from us at support@osso.fitness, which will be provided to you promptly. Any membership fee already paid by you will be refunded to you by us within thirty (30) days after receiving the OSSO device. The return costs will be automatically deducted from your refund amount.

After the expiration of thirty (30) days, you have the right to terminate your membership at the end of the respective subscription period. In this case, you are obligated to return the OSSO Tool to us after the expiration of your membership. The return procedure corresponds to the return procedure in case of withdrawal.

SALES TERMS AND CONDITIONS OF OSSO

Please carefully read the following sales terms and conditions ("Terms") before purchasing products or a membership (each as defined below) offered by OSSO ("us", "we", "our", or "OSSO"). These Terms, together with our Terms of Use if applicable, establish the legally binding conditions for your purchase and use of OSSO products, including but not limited to the OSSO tool (as defined below), memberships, and any other peripherals, accessories, clothing, or products offered by an authorized OSSO partner (as defined below) and purchased from our online store (the "Store") (collectively referred to as the "Products" or "OSSO Products"). These Terms contain important information about the Products you are purchasing, as well as any fees and charges we will invoice you for.

By placing an order for a Product, you confirm that you have read and understood these Terms and agree to abide by them. If your order includes a membership, our Terms of Use are hereby incorporated into these Terms by reference. If you do not accept these Terms, you are not authorized to purchase Products from the Store. 

We reserve the right to amend these Terms at any time. Therefore, you should review the Terms each time before making a purchase from the Store. The Terms in effect at the time of your order will apply. If you have any questions about these Terms, you may contact OSSO at the following email address: hello@osso.fitness. In these Terms, all words following the term "including" or a similar expression are for illustration only and do not limit the meaning of the words, descriptions, definitions, phrases, or terms that precede them.

While all of these Terms are important, please pay specific attention to: (a) Payment Obligations (Section 5), (b) Disclaimers of Liability (Section 10), and (c). 

1. INTRODUCTION

Some of our Products, such as the OSSO Tool, are included in the subscription services offered by OSSO (the "Membership"), which allow the user to track, manage, and share fitness-related data collected by the OSSO App. In order to utilize the Membership, a user must create an account ("Account") as described in our Terms of Use. If you are a user of a Product for which acceptance of the Terms of Use is required to use the Product, please carefully review our Terms of Use to understand the specific terms related to your Membership and associated services. If you are purchasing a gift for which acceptance of the Terms of Use is required to use the Product, the recipient of the gift must read and agree to our Terms of Use before being able to use the Product or associated Membership and services. 

While the Store is accessible worldwide, the Products offered in the Store are not designed and tested for use in all countries. OSSO has designed the use of the Products and associated services for the countries to which OSSO also ships goods. If you have questions regarding the use of our Products and services in specific countries, please contact hello@osso.fitness. 

2. AUTHORIZED OSSO PARTNERS

OSSO occasionally collaborates with specific brands collectively referred to as "authorized OSSO partners" to offer the integration of certain OSSO Products into specific other products offered by authorized OSSO partners. The authorized OSSO partners and any associated products are specified in the Store. 

3. AVAILABILITY

All Products offered in the Store are subject to availability. We reserve the right to set quantity limits for each order, reject an order in whole or in part, and discontinue the availability of certain Products without prior notice.

We make no representations or warranties regarding the completeness, accuracy, reliability, validity, or timeliness of listings, descriptions, or images (including, without limitation, any features and specifications such as weights and sizes) for Products available through the Store. Such information and the availability of Products are subject to change at any time and without prior notice. We make reasonable efforts to accurately depict the features of the Products, including their respective colors. However, the actual colors you see depend on your computer system, and we cannot guarantee that your computer will display these colors accurately. Statutory warranty rights remain unaffected.

4. PRICING

Prices are listed in the currency applicable to your chosen location. Your total price for the Products includes the price of the Products in your order plus applicable sales tax and shipping costs, minus any discounts offered. We reserve the right to change prices at any time. However, changes will not affect orders of Products that you have already placed before the price change. We do not offer price protection or refunds in the event of a price reduction or promotional offer. In the event that a Product is listed at an incorrect price due to a typographical error or similar error, we reserve the right to reject or cancel orders for the Product listed at the incorrect price. We reserve the right to reject or cancel such orders, regardless of whether the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account for the amount paid in error.

5. PAYMENT

Terms. All payment terms presented to you when purchasing your Products are considered part of these Terms and are incorporated herein by reference. For all orders, OSSO will charge and collect sales tax in accordance with applicable laws. By providing a credit card or other payment method accepted by OSSO, you represent and warrant that you are authorized to use the designated payment method and you authorize us (or our payment processor as defined below) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If your designated payment method cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or canceled. You must resolve any payment problems we encounter in order to proceed with your order. If you wish to change or update the payment information associated with your account, you can do so at any time by logging into your account at https://app.OSSO.com and editing your payment information.

Billing. We may collect payments for the Products directly from you or we may engage a third-party payment processor ("Payment Processor") to process billing through a payment account selected or linked by you at checkout. The processing of payments by a Payment Processor is subject to the terms and privacy policy of the respective Payment Processor in addition to these Terms. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Product, you agree to pay us either directly or through a Payment Processor all amounts for the respective order in accordance with the applicable payment terms, and you authorize us either directly or through a Payment Processor to charge your chosen payment account (your "Payment Method"). We reserve the right to correct any errors or mistakes made by us or a Payment Processor, even if we or a Payment Processor have already requested or received payment.

Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. In the event that we do not receive payment from you via a Payment Processor, you agree to settle all amounts due for your order and/or for your account upon request. 

6. RESALE AND TRANSFER

Purchases made in the Store are intended for end consumers only and not for resale. We reserve the right to refuse or cancel your order if we suspect that you are purchasing Products for resale.

7. SHIPPING AND DELIVERY

Our delivery costs and methods are as described on the Store's website. The estimated arrival or delivery date is not a guaranteed delivery date for your order, and you agree that we are not liable for delayed deliveries. Undeliverable deliveries will be returned to our warehouse. It may take up to 45 days for items returned in this manner to be recognized as rejected and processed for a refund.

8. RIGHT OF WITHDRAWAL

You have the right to withdraw from the contract for a product purchase without giving any reason within fourteen (14) days. Personalized Products are exempt from the right of withdrawal. The withdrawal period is fourteen (14) days starting from the day you or a third party designated by you, who is not the carrier, take(s) possession of the goods. For digital content not delivered on a physical medium, the withdrawal period starts from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter or email). The withdrawal can be made: 

By email to legalnotices@OSSO.com

By phone at +1 (617) 670-1074

or by post to OSSO, Inc. One Kenmore Square #601 Boston, MA 02215, USA, Attn: Legal Department.

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.

Consequences of withdrawal. If you withdraw from the contract, we shall reimburse you all payments received from you, including the delivery costs. The delivery costs will only be refunded up to the amount of the least expensive standard delivery offered by us. You shall bear the costs of returning the Products to us. The reimbursement will be made without undue delay, and in any event, no later than fourteen (14) days after we receive notice of your withdrawal. We will use the same means of payment for the reimbursement as you used for the initial transaction, unless expressly agreed otherwise with you. We will not charge any fees for the reimbursement.

You shall send back the goods without undue delay and in any event, no later than fourteen (14) days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Voluntary Returns. In addition to your right of withdrawal, we accept returns of goods under the following conditions: 

Our return policy for OSSO Tools. Since OSSO Tools are directly linked to an OSSO Membership, the return conditions for OSSO Tools are governed by our Terms of Use.

Our return policy for other Products. OSSO accepts all unworn clothing and accessories within thirty (30) days of delivery, unless marked as non-returnable.

Return Conditions. This return right does not apply to clothing and accessories that have been worn or used or whose condition has deteriorated after receipt of the goods. You can request the return through support.osso.fitness. In the case of a return, you will receive a refund of the purchase price paid. Delivery costs will not be refunded. You, as the customer, are responsible for the cost of return shipping. If you purchased the Product as part of your OSSO Membership, OSSO will cover the cost of return shipping. If you have exercised your right of return, you are obliged to return the goods to us within fourteen (14) days after requesting the return. We have the right to refuse reimbursement until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier. 

9. COMPATIBILITY

The Products sold through the Store and by authorized OSSO partners are the only items compatible with each other, including but not limited to the OSSO Tool. You acknowledge that a lack of compatibility with other Products does not constitute a defect giving rise to a claim under our limited warranties described below or under our Terms of Use. Furthermore, you are solely responsible for any damage to your Product and other peripherals, accessories, or clothing used in connection with the Product caused by the use of Products or services that are not compatible with the Product.

10. WARRANTIES AND DISCLAIMERS OF LIABILITY

Except for the limited warranties listed below and cases of product liability, we are liable for the Store and all Products, services, and content available through the Store only for willful intent and gross negligence. Our liability for damages to life, body, or health remains unaffected. 

11. DATA PRIVACY AND EMAIL MARKETING

Information on how OSSO processes your data can be found in our Privacy Policy (www.osso.fitness/privacy).

When you order through the Store, we collect and store your email address. From that point forward, we will use your email address to send you information about our products and services, unless you opt out of such emails. 

12. NOTIFICATIONS

OSSO may send you notifications that are required by law or for marketing or other purposes, at its discretion, by email to the primary email address associated with your Account, in paper form, or by posting such notification on the OSSO website, unless a specific form (e.g. written form) is legally prescribed. OSSO is not responsible for automatic filtering of email notifications that you or your network provider may apply. OSSO recommends adding @OSSO.com URLs to your email address book to ensure you receive email notifications from OSSO. For notifications by email, the date on which the message is sent shall be deemed the date of dispatch.

13. NO ASSIGNMENT

You may not transfer or assign these Sales Terms and any rights and licenses granted herein, but we may do so without restriction, provided that such assignment does not impair your rights under these Sales Terms. These Sales Terms are binding upon and will inure to the benefit of our successors and permitted assigns. 

14. SEVERABILITY CLAUSE

Should a provision of these Sales Terms be found invalid by a competent court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Sales Terms, which shall remain in full force and effect. It is the express intention of the parties that this provision not be construed as a mere reversal of the burden of proof, but as a contractual waiver of § 139 of the German Civil Code (BGB) in its entirety.

15. EXPORT CONTROLS

You shall not directly or indirectly export or re-export the Products or services or related technical information to any destination or person prohibited or restricted under applicable law, including, but not limited to, U.S. export control laws and regulations.

16. APPLICABLE LAW AND JURISDICTION

These Sales Terms and any disputes arising out of or in connection with them (including non-contractual disputes) shall be governed by German law.

You may initiate legal proceedings in relation to the Products or these Sales Terms in German courts. If you reside outside of Germany, you may also initiate legal proceedings in the member state of the EU where you have your domicile. The possibility of initiating legal proceedings in other countries is not excluded hereby.

17. CONTACT

If you have any questions about the Products or these Sales Terms, please contact us by email at support@osso.fitness. Our postal address is OSSO Fitness, Mirker Str. 37, 42105 Wuppertal, Attn: Legal Department.

18. ADDITIONAL TERMS

Certain Products may be subject to additional terms. In case of conflict between these Sales Terms and the additional terms, the additional terms shall prevail.

These Sales Terms were last updated on [Insert Date].