Terms and Conditions

1. Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Fastic GmbH, Pappelallee 78/79, 10437 Berlin, Germany (hereinafter “Provider” or “StepMade”), govern the use of the services provided via the mobile applications (hereinafter “App” or “StepMade App”) and via the website www.stepmade.app (hereinafter “Website”). These GTC apply regardless of whether the StepMade services are used free of charge or against payment.

1.2 These GTC form the basis of the contracts concluded with us on the basis of our offers in the App or on the Website. Supplementary terms may apply to individual offers (e.g. promotions); these will be referred to in the respective offer.

2. Definitions

2.1 StepMade offers its users a programme (hereinafter also “Services”) around walking, everyday activity and weight loss. This includes in particular a personal walking and step plan with a selectable programme length in weeks and a step goal adapted every week, planned walks with reminders, tracking of steps, walks and weight, progress views and forecasts of the weight trend, and coaching texts that are partly created with the help of artificial intelligence. The Services are provided via the StepMade App (iOS, Android) and via the Website.

2.2 The terms “consumer” and “entrepreneur” are used in accordance with the statutory definitions in §§ 13, 14 BGB (German Civil Code). Accordingly, 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 are both consumers and entrepreneurs.

2.3 “Distribution platform” means the online stores of platform operators such as Google (“Google Play”) and Apple (“App Store”) through which users can download the StepMade App or make in-app purchases.

2.4 “Direct purchase” means the conclusion of a paid contract directly with StepMade without the payment being processed via a distribution platform. This includes in particular purchases via the Website and purchases to which the user is redirected from within the App via a link or an embedded payment page (so-called alternative billing or “External Purchase”).

2.5 “Payment service provider” means the providers used by StepMade to process payments for direct purchases (currently in particular Stripe Payments Europe Ltd. and the payment methods offered via Stripe, such as Apple Pay, Google Pay, PayPal or Klarna).

3. Use of the StepMade Services

3.1 The StepMade Services can be used both free of charge and against payment. Installing the App via a distribution platform and visiting the Website are always free of charge. In addition, users may book paid services (e.g. “StepMade Premium”). Which features are free and which are paid is shown in the respective presentation in the App or on the Website; StepMade may change the scope of the features available free of charge in accordance with Clause 13.

3.2 The StepMade App can be installed and used on all platforms and devices supported by StepMade, in particular on mobile phones running iOS or Android. Certain features (e.g. the connection to Apple Health or Health Connect) are only available on certain platforms.

3.3 By installing the App, registering or concluding a paid contract, the user declares their agreement with these GTC. If the App is downloaded via a third-party distribution platform, the terms and conditions or terms of use of the respective platform apply additionally. In the relationship between the user and StepMade, these GTC take precedence in the event of any conflict, unless mandatory terms of the distribution platform provide otherwise.

3.4 The user confirms that all information provided by them is truthful, up to date and complete. The user undertakes to update their personal information regularly. This applies in particular to height and weight, on which the plan and the forecasts are based.

3.5 The user is obliged to protect their account against unauthorised access and misuse. Any suspicions or breaches must be reported to the Provider without undue delay.

3.6 The Provider is entitled to restrict, suspend or close a user's account if abusive conduct or a breach of these GTC is identified. Clause 7.6.7 remains unaffected.

3.7 The App is intended for persons aged 18 and over. Use by persons aged between 16 and 17 is only permitted with the consent of a parent or legal guardian. Persons under the age of 16 may not use the App. The conclusion of paid contracts is reserved exclusively for persons of full age with unrestricted legal capacity. Should StepMade become aware that personal data of persons under the age of 16 has been collected without the required consent, StepMade will take all necessary steps to delete such data without undue delay.

3.8 Motivational features such as weekly goals, records, milestones or progress indicators serve motivational purposes only. They have no monetary value, are non-transferable and do not give rise to any claim to payment, discounts or other benefits, unless this is expressly promised in an offer. StepMade may change, reset or discontinue such features.

4. Health Information on the Use of the StepMade Services

4.1 StepMade is not a medical organisation, and the content, plans, step goals and recommendations provided via the StepMade Services - including coaching texts created with the help of artificial intelligence (Clause 11) - do not constitute medical advice, diagnosis or treatment. StepMade is not a medical device. Users use the StepMade Services at their own responsibility.

In particular, users are advised to consult a doctor before using the StepMade Services if

they are under medical treatment or are taking prescription medication,
they suffer from conditions such as cardiovascular problems, diabetes, lung or respiratory diseases (including asthma), neuromuscular diseases, joint diseases or disorders of the musculoskeletal system,
they are recovering from surgery or an injury,
they are pregnant or breastfeeding,
they suffer from chronic pain, dizziness or balance disorders,
they suffer or have suffered from an eating disorder.

The recommendations made and plans provided by the Provider do not replace medical examination, treatment or professional support by qualified specialists (e.g. doctors, physiotherapists, nutrition professionals).

4.2 StepMade recommends that users maintain a healthy weight in accordance with the guidelines of the World Health Organization (WHO). A healthy body mass index (BMI) is between 18.5 and 25. A goal weight and a plan should always be consistent with the individual's health condition. If in doubt about one's own physical capacity, medical advice should be sought.

4.3 The step goals and walks suggested as part of the StepMade Services are designed for users of average health and physical fitness. The user is responsible for

adapting pace, duration and effort to their own condition,
respecting their own physical limits and not reaching a step goal at any cost,
stopping a walk immediately in the event of pain, dizziness, shortness of breath, nausea or other discomfort,
paying attention to traffic, weather, terrain and surroundings while walking.

Persons aged between 16 and 17 may only use the Services in consultation with their parents or legal guardians.

4.4 Step goals, calorie figures and forecasts of the weight trend are mathematical estimates based on the user's information and on data from Apple Health or Health Connect. They may differ from the actual course. No particular weight loss or other result is owed.

4.5 StepMade's liability is governed by Clause 15 of these GTC.

5. Creation of a User Account

5.1 The StepMade App can be used with or without a personalised user account. When the App is launched for the first time, an anonymous user account is created automatically. Registration with personal data (email, name) is not required for basic use.

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

5.3 A personalised user account is required in order to use the account across devices, to restore it after uninstalling the App or to make a direct purchase (Clause 7.2.2). If a direct purchase was made without an existing user account, the Premium features become available once a user account has been created or linked and the purchase has been assigned to it; StepMade may provide a sign-in link for this purpose which automatically signs the user in to the App.

6. Term and Termination of Free Services

If the StepMade Services are used free of charge, the user agreement may be terminated at any time by either StepMade or the user by email to support@stepmade.app or to the email address provided by the user, respectively. The user may also delete their account themselves in the App under “Profile → Delete account”.

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

7.1 StepMade offers subscriptions with various fixed terms that are subject to a corresponding usage fee (hereinafter “StepMade Premium” or “Premium features”). The usage fee is generally payable in advance for the respective billing period. For direct purchases, StepMade may also offer periodic payment (e.g. monthly) for certain terms; in this case, the usage fee is payable in the agreed instalments on the agreed due dates. Periodic payment is free of interest and charges. Access to StepMade Premium is subject to timely payment.

7.2 Conclusion of Contract

If the user wishes to use the Premium features, they can

(a) unlock them by means of an “in-app purchase” via a distribution platform (Clause 7.2.1), or
(b) acquire them by direct purchase via the Website or via a link from the App, where this is offered in the respective country (Clause 7.2.2).

7.2.1 In-app purchase. When purchasing a Premium subscription via a distribution platform, the process is governed by the terms of the respective platform operator. The purchase contract is concluded in accordance with the provisions of the respective distribution platform; these also determine whether the contract is concluded between the user and the distribution platform or between the user and StepMade. In this case, payment, renewal, termination and refunds are governed by the terms of the distribution platform.

7.2.2 Direct purchase (Website and alternative billing). StepMade also offers Premium subscriptions for direct purchase. The direct purchase can be made via the Website or - where offered in the respective country - via a link or payment page from within the App. In the case of a direct purchase, the contract is concluded exclusively between the user and StepMade (Fastic GmbH); Apple and Google are not contracting parties and are not responsible for processing, payment, renewal, termination or refunds. This also applies if the user reached the direct purchase via the App. Before redirecting from the App, the distribution platform may display a notice that the purchase takes place outside the distribution platform. Direct purchases are governed exclusively by these GTC and the offer terms displayed during the ordering process.

7.2.3 Ordering process for direct purchases. The available subscription options, their terms, billing periods, prices and renewal conditions are displayed to the user before the purchase. Our offer presentations are non-binding unless they become part of a contractual agreement. Before submitting the order, the user can review and correct their entries. By clicking the final order button, the user submits a binding offer to conclude the contract. The contract is concluded when StepMade accepts the order, but at the latest when StepMade collects the payment or the payment service provider authorises the payment, or when the Premium features are unlocked. StepMade confirms the conclusion of the contract by email and provides the user with the contract content, including these GTC, on a durable medium. The contract text is stored by StepMade and sent to the user with the order confirmation; the current GTC are also available at www.stepmade.app/terms. The contract languages are German and English; Clause 19.4 applies.

7.3 Trial Subscriptions

StepMade may offer time-limited trial subscriptions with which users can test the Premium features free of charge before concluding a paid subscription. The duration of the trial period is communicated to the user in the respective offer. No fee is charged during the trial period; however, StepMade may require the user to provide payment details. If the trial subscription automatically converts into a paid subscription after the end of the trial period, the user will be clearly informed of this and of the price, term and termination options before concluding the trial subscription; the user gives their express consent to the conversion by concluding the trial subscription. If the user cancels before the end of the trial period, no conversion takes place. For in-app purchases, the terms of the respective distribution platform apply additionally. StepMade may change the scope of trial subscriptions or cease to offer them in the future.

7.4 Paid Subscriptions with a Free Period

StepMade may offer paid subscriptions for which no fee is charged for a limited period at the beginning (e.g. “first month free” or “weeks free”). In these cases, the paid subscription contract is already concluded upon conclusion of the contract; the free period is not a trial period. The statutory withdrawal period remains unaffected by this and is 14 days from conclusion of the contract, regardless of the length of the free period. After the end 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 (initial term), plus any trial period or free period. The initial term is a maximum of 24 months.

7.6 Termination and Renewal

7.6.1 In-app purchases. If the subscription was concluded via a distribution platform, termination and renewal take place exclusively in accordance with the rules of the respective distribution platform, over which StepMade has no influence. Cancellation must be made via the subscription management of the respective app store:

Apple: Settings > [your name] > Subscriptions
Google: Google Play Store > Profile > Payments & subscriptions > Subscriptions

StepMade cannot itself cancel or refund subscriptions concluded via distribution platforms. Unless terminated in due time, the subscription is renewed in accordance with the terms of the distribution platform as set out in the respective offer and in the subscription management.

7.6.2 Direct purchases - termination. If the subscription was concluded by direct purchase, the user may terminate it at any time with effect from the end of the initial term without having to observe a notice period. Termination is possible

in the App under Profile > Subscription > “Manage subscription”,
on the Website via the cancellation button “Vertrag kündigen” (“cancel contract”) at www.stepmade.app/cancellation, which is also accessible without signing in, or
in text form, e.g. by email to support@stepmade.app.

StepMade confirms receipt of the termination in text form without undue delay.

7.6.3 Direct purchases - renewal. If the subscription concluded by direct purchase is not terminated by the end of the respective term, it is renewed automatically. The renewal period, billing cycle and price of the renewal are set out in the respective offer and are communicated to the user before conclusion of the contract during the ordering process and in the order confirmation.

7.6.4 Ordinary termination takes effect at the end of the respective term; until then, the Premium features remain available. Payment obligations that have already fallen due and instalments owed until the end of the term remain unaffected by the termination. Refunds are only made where provided for by law or by these GTC.

7.6.5 Termination of the paid subscription does not automatically result in the deletion of the user account; for this, the procedure in Clause 6 must be followed. Likewise, deletion of the user account does not automatically result in the termination of a subscription concluded via a distribution platform.

7.6.6 If StepMade terminates, the notice of termination will be sent to the email address provided by the user.

7.6.7 The right to extraordinary termination for good cause remains unaffected. Good cause for StepMade exists in particular if the user violates applicable law, these GTC or material contractual obligations. Clause 13 remains unaffected.

8. Payment, Due Date and Default

8.1 Prices and Due Date

The prices stated in the offer at the time of the order apply. The prices stated are total prices and include the applicable statutory value added tax. The usage fee is due upon conclusion of the contract or at the beginning of the respective billing period, and in the case of free periods, upon their expiry.

8.2 Payment Methods

Payment is made - depending on the sales channel -

for in-app purchases, exclusively via the respective distribution platform in accordance with its payment terms;
for direct purchases, via the payment methods offered during the ordering process, in particular credit card, debit card, Apple Pay, Google Pay, PayPal, Klarna or SEPA direct debit. The payment methods offered may vary depending on the country, offer and device.

Payment processing for direct purchases is carried out by the payment service provider. For individual payment methods (e.g. PayPal, Klarna), their terms apply additionally. StepMade does not store complete credit card details.

8.3 SEPA Direct Debit

If the user chooses SEPA direct debit as the payment method (where offered), they will be informed of the amount due and the date of the debit before each debit (pre-notification).

StepMade is entitled to shorten the statutory period for the pre-notification. In this case, the pre-notification will be given at the latest with the order confirmation or before the respective debit.

8.4 Failed Payments, Chargebacks and Dunning Costs

8.4.1 If a payment is not honoured or is charged back for reasons for which the user is responsible (e.g. due to insufficient funds, incorrect payment details or an unjustified objection or chargeback), the user must reimburse StepMade for the costs incurred as a result, in particular the fees of the bank or payment service provider. In the case of failed payments via a distribution platform, its rules apply.

8.4.2 If the user is in default of payment, they must reimburse StepMade for the costs of the payment reminders sent after the occurrence of default, in particular printing and postage costs. Payment reminders may be sent by letter, including by registered mail, and additionally electronically.

8.4.3 Further claims arising from default in payment, in particular default interest, remain unaffected.

8.5 Default in Payment

8.5.1 If the user is in default with a payment that has fallen due, StepMade may temporarily block access to the Premium features until payment has been received in full.

8.5.2 For subscriptions with a fixed term and periodic payment (Clause 7.1), the following also applies: If the user is in default with one or more payments that have fallen due for more than 28 days, all payment claims outstanding until the next possible termination date become due immediately, irrespective of the payment method chosen (acceleration). After default has occurred, StepMade requests the user to pay and informs them of the date on which acceleration will occur if payment is not made. Further statutory claims remain unaffected.

8.5.3 StepMade may assign the claim to a debt collection agency or instruct such an agency to collect it.

9. Promotional Offers, Discounts and Codes

9.1 StepMade may provide time-limited promotional offers, e.g. discounts in the App, on the Website, via push notification or email, as well as promotional or voucher codes. The conditions, period of validity and scope are set out in the respective offer.

9.2 Unless otherwise stated in the offer, a promotional price applies only to the first term of the subscription; thereafter, the price stated in the offer as the follow-on price applies. Promotions cannot be combined with one another, are non-transferable and cannot be redeemed for cash. Unless otherwise stated, a promotional offer can only be redeemed once per user.

9.3 StepMade may refuse or revoke codes and promotional benefits in the event of misuse (e.g. multiple accounts or sharing contrary to the promotion terms). Promotional codes for in-app purchases are redeemed in accordance with the terms of the respective distribution platform.

10. Changes to the Usage Fee

10.1 For in-app purchases, price changes for existing subscriptions are governed by the terms of the distribution platform; price increases only take effect with the user's consent where the distribution platform provides for this.

10.2 For direct purchases, the price agreed upon conclusion of the contract applies for the initial term. If StepMade wishes to change the price for the period thereafter, StepMade will inform the user in text form at least 30 days before the planned effective date. A price increase only takes effect if the user expressly consents to it. If the user does not consent, the subscription continues at the previous price; in this case, StepMade may terminate it by ordinary termination at the earliest possible date. StepMade passes on price reductions without consent.

11. Coaching Content and Use of Artificial Intelligence

11.1 The StepMade Services contain content that is created, edited or translated in whole or in part with the help of artificial intelligence (AI). This concerns in particular coaching texts and notes on the user's day, walks and plan. The coach in the App is not a real person.

11.2 The plan, in particular step goals, their weekly adjustment and the scheduling of walks, is calculated by StepMade according to defined rules. StepMade takes appropriate measures to ensure the quality of AI-assisted content; not every individual piece of content is reviewed by a human before it is displayed.

11.3 AI-assisted content likewise does not constitute medical advice (Clause 4). Individual content may be incomplete or inaccurate; if in doubt, the user should follow their own sense of their body and medical advice.

11.4 There is no entitlement to personal, individual support by humans or to individual responses unless this has been expressly agreed as a service.

12. Third-Party Services and Integrations

12.1 The App enables connection to third-party services, in particular Apple Health or Health Connect (transfer of health and activity data such as steps, distance, workouts and weight), and sign-in with Apple or Google. The use of these services is voluntary and can be ended at any time in the settings of the device or the App. Without a connection to Apple Health or Health Connect, the plan works with estimated or self-entered values.

12.2 Third-party services are governed exclusively by their own terms of use and privacy terms. StepMade is not responsible for the availability, accuracy and functioning of these services unless StepMade is responsible for the respective issue. Data imported from third-party services (e.g. steps or weight) may be inaccurate.

13. Changes, Interruptions and Discontinuation of the StepMade Services

13.1 StepMade may change digital products provided on a continuous basis, provided that the user does not incur any additional costs as a result, the essential purpose of the contract is preserved and one of the following valid reasons exists:

where StepMade is obliged to ensure that the Services comply with the applicable law, in particular if the legal situation changes,
where StepMade thereby complies with a court judgment or an official decision directed against StepMade,
where the change is necessary to close existing security gaps,
to adapt the Services to a changed technical environment (e.g. new operating system versions or requirements of the distribution platforms) or to a changed number of users,
where this is necessary for important operational reasons,
to maintain the conformity of the Services with the contract, in particular to meet current market requirements for services of the same kind, or
where the change is of a purely technical or procedural nature without material effects on the user, in particular purely graphical changes or changes to the arrangement of features.

Such changes may in particular concern the calculation of plans and step goals, the programme lengths offered, reminders and coaching content.

The user will be informed of material changes in good time and clearly. If a change impairs the ability to use the Services more than insignificantly, the user is entitled to the statutory rights pursuant to § 327r BGB.

13.2 The user may terminate their subscription by extraordinary termination if the purpose of the contract is significantly impaired by a change, interruption or discontinuation of the Services. In this case, the user is entitled to a pro rata refund for the unused portion of their subscription. For in-app purchases, the refund is made via the distribution platform where technically necessary.

13.3 The subscription ends automatically if StepMade or the respective distribution platform completely discontinues the service or its business operations. Clause 13.2 sentence 2 applies accordingly.

13.4 These GTC also apply to changed Services.

14. Warranty

14.1 The statutory provisions apply to defects in the digital products, in particular the provisions on contracts for digital products (§§ 327 et seq. BGB).

14.2 StepMade endeavours to ensure that the StepMade App is continuously available in full and free of errors, but does not guarantee its uninterrupted availability.

14.3 If StepMade provides updates to the App, the user should install them promptly. If the user does not install an update within a reasonable period although StepMade has informed them of the availability of the update and the consequences of failing to install it, StepMade is not liable for defects resulting solely from the missing installation; this does not apply if the missing or incorrect installation is due to defective installation instructions.

15. Liability

15.1 Claims of the user for damages are excluded. Excepted from this are claims for damages arising from injury to life, body or health, from the breach of material contractual obligations (cardinal obligations) and claims for other damage 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 fulfilment is necessary to achieve the purpose of the contract.

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

15.3 The limitations of liability in Clauses 15.1 and 15.2 also apply in favour of the Provider's legal representatives and vicarious agents if claims are asserted directly against them.

15.4 StepMade is not liable for the misuse of information that the user has made accessible to third parties themselves, for disruptions due to force majeure or other events beyond StepMade's control, or for unauthorised access by third parties to personal data (e.g. through unauthorised access to systems), unless StepMade is responsible for the respective issue. Clause 15.1 remains unaffected.

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

16. Right of Withdrawal

16.1 Consumers have a statutory right of withdrawal for direct purchases. The details, including the online withdrawal function (“Vertrag widerrufen” (“withdraw from contract”)) and the model withdrawal form, are set out in the withdrawal policy at www.stepmade.app/cancellation-policy. The withdrawal policy is displayed to the user before conclusion of the contract and sent with the order confirmation.

16.2 For in-app purchases via a distribution platform, the withdrawal and refund rules of the respective distribution platform apply; in this case, the refund is made via the distribution platform.

17. Intellectual Property

17.1 All content of the StepMade App and the Website, including texts, images, illustrations, graphics, plans, software, trademarks and logos, is protected by copyright, trademark and other intellectual property rights and is owned by the Provider or its licensors.

17.2 The user receives a non-exclusive, non-transferable, non-sublicensable and revocable right to use the content of the App for the duration of the user relationship exclusively for personal, non-commercial purposes.

17.3 Any use beyond this, in particular the reproduction, distribution, making available to the public, editing or commercial exploitation of the content, requires the prior written consent of the Provider. It is also prohibited to extract content by automated means (e.g. scraping) or to use it for training AI systems.

18. Out-of-Court Dispute Resolution

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

19. Final Provisions

19.1 All legal transactions and legal relationships with us are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and other intergovernmental agreements, even after their incorporation into German law. This choice of law does not result in users whose habitual residence is in another EU member state being deprived of the protection afforded to them by mandatory provisions of the law of that state.

19.2 In business dealings with merchants and legal entities under public law, the place of jurisdiction for all disputes concerning these terms and conditions is our registered office in Berlin. In this case, we are also entitled to bring an action at any other statutory place of jurisdiction. Any exclusive place of jurisdiction remains unaffected.

19.3 Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The invalid provisions are replaced by the statutory provisions. The same applies to unforeseen gaps.

19.4 StepMade makes these GTC available in various languages. Only the German-language version is authoritative; in the event of disputes, misunderstandings or inconsistencies, it prevails over all translated versions.

19.5 StepMade is entitled to commission third parties in whole or in part with the provision of the agreed services. The Provider may transfer its rights and obligations in whole or in part to one or more third parties; in the event of a transfer of the contract, the user is entitled to terminate the contract without notice.

19.6 StepMade is entitled to amend these GTC with effect for the future if objective reasons such as changes in legislation, decisions of the highest courts, technical innovations or new features so require and the user is not unreasonably disadvantaged as a result. The user will be notified of changes in the App or by email at least 14 days before they take effect. Every user may object to the new GTC.

20. Data Protection

StepMade's privacy notice is available at www.stepmade.app/privacy and in the App under Profile > Help > Privacy policy.

Fastic GmbH · Pappelallee 78/79 · 10437 Berlin · Germany · support@stepmade.app