Terms of service
General Terms of Use
Thank you for choosing to use the Fyrce Care platform (hereinafter referred to as the “Platform”). Please note that the use of the Platform is subject to the following General Terms of Use (hereinafter referred to as the “Terms”). If you have any questions about the Platform or experience technical issues, you can contact our support service by email at hi@fyrcecare.com.
Who operates the Platform?
The Platform is provided and operated by Fyrce Care, CareMeMaybe UG (haftungsbeschränkt), Kolonnenstraße 8, 10827 Berlin, Germany (hereinafter referred to as the “Provider”) under the domain https://fyrcecare.com/en and its associated subdomains.
1. Subject Matter and Scope of Application
(1) These Terms govern the contractual relationship between CareMeMaybe UG (hereinafter referred to as the "Provider") and you as the user of the web-based Platform (hereinafter referred to as the "User"). They apply to all services and offers provided or made accessible through the Platform.
(2) The use of the Platform and the utilization of the services require the creation of a User account.
(3) Furthermore, full use of the Platform and its services requires the installation and use of the “Fyrce Care” app on a compatible device (not available yet). Access to the services is not possible, or only possible to a limited extent, without a User account as well as the proper installation and use of the app in its latest version. The app can be obtained from common app stores (e.g., Apple App Store, Google Play Store). The User is responsible for the compatibility of their device, the installation of the app, and its ongoing updates.
(4) Deviating, conflicting, or supplementary general terms and conditions of the User shall only become part of the contract if the Provider has expressly agreed to their validity in text form. This requirement for consent also applies if the Provider performs services unconditionally in the knowledge of the User’s terms and conditions.
(5) The current version of these Terms can be accessed, saved, and printed at https://fyrcecare.com/en/policies/terms-of-service.
2. Contractual Relationship; Conclusion of Contract
(1) The subject matter of the contractual relationship is the purchase of access to paid digital content and services on the web-based Platform within the scope of subscription models or as one-time purchases.
(2) The presentation of services and available purchasing models (e.g., subscriptions, one-time purchases) on the Platform does not constitute a binding offer by the Provider but merely an invitation to the User to submit a corresponding contractual offer.
The User submits a binding offer to conclude a contract for the selected service by choosing the desired product or subscription, entering the required information (including payment details), accepting these Terms and the cancellation policy, and completing the ordering process by clicking the designated button (e.g., “Subscribe Now,” “Buy Now”). The User is bound by their offer for a period of two (2) weeks after submission; the User’s statutory right of withdrawal remains unaffected.
The contract between the User and the Provider is concluded when the Provider accepts the offer. Acceptance takes place by sending an order or contract confirmation via email to the email address provided by the User. This confirmation email contains the necessary information for the initial setup or linking of the User’s personal account, which is required to access the purchased services.
(3) When subscribing to a service, a continuing obligation agreement regarding the use of the subscribed services is established. The initial contract term is determined by the model selected by the User during the ordering process. Unless otherwise specified during the ordering process or in the service description of the specific subscription, the subscription will automatically renew for the selected term, but no longer than one year, unless it is terminated in due time.
(4) When purchasing individual products such as at-home tests or supplements, a one-time purchase contract is concluded for access to the specific acquired digital content. Access is granted after the contract has been concluded and payment has been received. The duration of access can be found in the service description of the respective product.
3. Services of the Provider; Not a Medical Device, No Medical Treatment
(1) The scope of services offered on the Platform includes the provision of a digital program for preparation for egg freezing with personalized recommendations for female users, as well as other digital content covering a wide range of topics related to health and well-being in this context (e.g., recommendations on nutrition, mental health, physical activity, and lifestyle), access to a community platform, an AI-powered chat feature, the possibility to purchase individual products, and potentially other functionalities or services.
(2) The content and recommendations offered on the Platform are intended solely for general education, information, and support in leading a health-conscious lifestyle.
The content, software components, data analyses, or recommendations do not qualify as medical devices under Regulation (EU) 2017/745 (MDR), nor do they constitute telemedicine or remote treatment under Section 7(4) of the German Act on Advertising in the Field of Healthcare (Heilmittelwerbegesetz, HWG).
They do not constitute medical advice, diagnosis, therapy, or treatment in a medical sense and do not replace personal consultation or treatment by a qualified doctor, naturopath, or other medical professionals.
(3) Evaluations of genetic raw data and the resulting recommendations regarding lifestyle, nutrition, or dietary supplements are general in nature and aimed at promoting health. They do not assess individual medical conditions or create specific treatment plans. Providing a medical diagnosis or therapeutic intervention is not part of the services offered.
(4) The services only reflect the background and possibilities of the respective medical information and representations. The use of any content provided is solely the responsibility of the respective professional. The professional must ensure their necessary qualifications and lawful use of the content and must take full responsibility for any services rendered.
(5) No promises of healing are made within the scope of the services offered. Statements about possible health improvements are based on general findings in lifestyle medicine, genetics, and epigenetics, but not on individual medical reports or scientifically recognized healing methods.
(6) The Provider reserves the right to adjust, expand, reduce, or optimize the range of services offered on the Platform at any time for legitimate reasons, provided this is reasonable for the User and does not violate essential contractual obligations of the Provider. There is no entitlement to the permanent availability of specific content, functions, or offers. Users will be informed in advance within a reasonable time frame about significant changes that could affect already purchased access, memberships, or other contractual services.
4. Prices and Payment Processing
(1) The use of the services offered on the Platform is subject to a fee.
(2) The applicable prices for the various subscription models and individual products at the time of contract conclusion are based on the current price list available on the Platform, unless otherwise agreed between the parties. All prices stated on the Platform are total prices, including the applicable statutory value-added tax (VAT).
(3) Payment for the purchased services is made through the payment methods offered on the Platform during the ordering process. The Provider reserves the right to offer or discontinue specific payment methods in the future.
(4) Payment processing is carried out via external payment service providers with whom the Provider cooperates. By concluding the contract, the User authorizes the Provider or the commissioned payment service provider to collect the due amounts.
When selecting a subscription, the User authorizes the Provider or the commissioned payment service provider to collect the recurring subscription fees according to the selected payment plan from the specified account or payment method.
(5) The User is not entitled to offset any of their claims against claims of the Provider unless such counterclaims are legally established or undisputed. The same applies to the assertion of rights of retention, provided they are based on the same contractual relationship and are legally established or undisputed.
(6) The User may only exercise rights of retention if their counterclaims arise from the same contractual relationship and are undisputed or have been legally established.
5. User Rights and Obligations
(1) Upon the valid purchase of access to services (subscription or one-time purchase), the Provider grants the User a simple (non-exclusive), non-transferable, and non-sublicensable right to use the respective digital content acquired.
The usage right granted is limited to the exclusive use of the content for the User’s own non-commercial educational purposes. Any use of the digital content beyond the granted usage right is prohibited. This particularly applies to reproduction (except for private purposes, where legally permitted), distribution, public accessibility, modification, or transfer of the content to third parties, unless expressly permitted by the Provider or legally required.
(2) The User is responsible for providing, safely operating, and ensuring the compatibility of their device and the required internet connection for using the Platform and apps. The Provider has no influence on the functionality of the User’s hardware or internet connection.
(3) The User agrees not to manipulate, decompile, reverse-engineer, disassemble, or otherwise alter, modify, or adapt the Platform and its associated software systems, interfaces, and technologies, except where legally permitted under Sections 69d et seq. of the German Copyright Act (UrhG).
Moreover, the User is expressly prohibited from extracting the source code, algorithms, or other protected elements of the Platform or using them in any manner not expressly covered by the granted usage right.
(4) Any attempts to impair the functionality, security, or availability of the Platform or the underlying technology are prohibited. This includes, in particular, the distribution of viruses, malware, trojans, or other malicious software, as well as denial-of-service attacks or comparable actions.
(5) The usage rights granted under the contractual relationship are personal and non-transferable. The disclosure of login credentials to third parties or enabling third-party use of the Platform via the User’s account is prohibited.
The User is required to keep their login credentials confidential and to protect them from unauthorized access by third parties. The User is responsible for any use of their account unless they are not at fault for the unauthorized use.
(6) If the User culpably violates the provisions in Section 5 or any other essential obligations under these Terms or the User Agreement, the Provider is entitled to temporarily or permanently block access to individual services or the entire Platform (account suspension) and to terminate the contractual relationship without notice for good cause. Further contractual and statutory rights of the Provider remain unaffected.
6. User Data & Data Processing
(1) The Provider collects and processes the User’s personal data (within the meaning of Art. 4 No. 1 of the General Data Protection Regulation – GDPR) for the purpose of initiating, executing, and fulfilling the contractual relationship regarding the use of the Platform and for providing the services offered via the Platform. This includes data necessary for the fulfillment of the contract and the basic functionality of the Platform (e.g., contact data, payment data, usage data related to the account).
(2) Depending on the specific services or functions of the Platform used by the User, it may be necessary for the Provider to process special categories of personal data within the meaning of Art. 9(1) GDPR. This may include health data and genetic data. The processing of such special categories of personal data is carried out exclusively based on a legal authorization under Art. 9(2) GDPR. If no other legal basis applies for the specific processing, the processing is carried out based on the User’s explicit consent (Art. 9(2)(a) GDPR), which is obtained separately from the acceptance of these General Terms of Use during registration or when using the respective function.
(3) When processing the User’s personal data, including special categories of data, the Provider may cooperate with external service providers (processors under Art. 28 GDPR), who process the data on behalf of and according to the instructions of the Provider in order to provide certain functionalities or services (e.g., hosting, technical platform functions, app functionalities, data analysis). The Provider enters into the legally required data processing agreements with these processors.
(4) Comprehensive information regarding the type, scope, purposes, and legal bases of the processing of the User’s personal data (including the processing of special categories of data and details about the consent), the storage duration, the recipients of the User’s data, as well as the User’s rights as a data subject (e.g., right of access, right to erasure, right to withdraw consent) can be found in the Provider’s Privacy Policy.
7. Warranty Rights, Guarantees, and Availability
(1) The statutory warranty rights for digital content and digital services according to Sections 327 et seq. of the German Civil Code (BGB) as well as the general statutory provisions on liability for defects apply to the digital content and digital services provided by the Provider, unless otherwise agreed between the parties.
(2) The Provider is obligated to provide the services specified in the respective service or product description on the Platform in the specified form and quality. No additional quality guarantee is provided unless explicitly agreed otherwise.
If exceptional services are offered with a specific guarantee, the details of this guarantee, particularly its scope and conditions, are specified exclusively in the respective guarantee conditions provided to the User before concluding the contract (e.g., on the product page or separately by email).
The statutory warranty rights of the User remain unaffected by any guarantee.
(3) The User has no entitlement to uninterrupted or continuous availability of the Platform, digital content, or specific functionalities beyond the technical and operational capabilities of the Provider. Temporary restrictions or interruptions of availability may occur, particularly due to technical issues or necessary maintenance work.
(4) The Provider will inform the User in advance, where possible and reasonable, about planned maintenance work on its systems (servers, platform, app software, etc.) and the expected downtimes, usually by email or by displaying a notice on the Platform.
(5) The information and content provided as part of the services are intended solely for general education, information, and support in maintaining a health-conscious lifestyle. The Provider explicitly does not guarantee or owe any specific success, such as achieving abstinence, improving health, or enhancing physical or mental well-being through the use of the services, Platform, or apps.
(6) It is expressly clarified that the use of the Platform or apps does not replace medical treatment, psychotherapeutic intervention, or other medical/therapeutic measures, nor is it intended for creating medical diagnoses. Medical and/or therapeutic treatment remains solely the responsibility of the User and/or the medical or therapeutic professionals or institutions consulted by the User.
(7) The following additional terms apply to the sale and delivery of physical products, particularly fertility tests and dietary supplements:
a) The Provider warrants that the delivered products are free from material and legal defects at the time of the transfer of risk and conform to the specifications described on the Platform or during the ordering process. For consumers, the statutory warranty rights under Sections 434 et seq. BGB apply.
b) The statutory warranty period for new products is two years from the delivery date. Additional guarantees exist only if explicitly stated on the product page and provided to the User in text form (e.g., by email or on the Platform) before concluding the contract. The statutory warranty rights of the User remain unaffected by any guarantee.
c) The Provider does not guarantee any specific health effects of dietary supplements or test results. Statements regarding potential health effects are based on publicly available knowledge and do not constitute individual medical advice or recommendations. The use of these products is at the User’s own responsibility. Users are explicitly advised to consult a doctor before use if they have pre-existing medical conditions or known intolerances.
d) Delivery is made within the delivery time specified during the ordering process to the shipping address provided by the User. Partial deliveries are permissible if reasonable for the User and do not incur additional shipping costs.
e) If a product is delivered with obvious transport damage or other defects, the User is asked to report this to the Provider and the delivery service as soon as possible. Failure to make such a report does not affect the User’s statutory claims but helps the Provider enforce its rights against the shipping company.
8. Right of Withdrawal & Withdrawal Instructions
(1) You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day you receive the service.
(2) To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or an email). You may use the attached sample withdrawal form, although it is not mandatory. If you exercise your right of withdrawal, we will promptly (e.g., by email) confirm receipt of such withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising your right of withdrawal before the withdrawal period expires.
(3) Consequences of Withdrawal:
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), promptly and no later than fourteen days from the day on which we receive the notification of your withdrawal from this contract. We will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. We may withhold the refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
(4) If you requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point you notify us of your withdrawal from this contract, compared to the total scope of services provided for in the contract.
(5) Expiration of the Right of Withdrawal:
In the case of a contract for the supply of digital content not stored on a physical medium (e.g., online courses, access to video archives), your right of withdrawal expires prematurely if we have started to perform the contract after you have expressly consented to us beginning the performance of the contract before the withdrawal period expires and you have acknowledged that you lose your right of withdrawal upon the start of the contract’s performance.
End of the withdrawal instructions -
(6) Sample Withdrawal Form:
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods: _____________ () / the provision of the following service: _______________ ()
Ordered on: _________________ () / Received on: ______________ ()
Name of the consumer(s): ____________________________
Address of the consumer(s): ____________________________
Signature of the consumer(s) (only for notification on paper): ____________________________
Date: ____________________________
(*) Delete as applicable.
9. Termination
(1) The term of the contractual relationship depends on the type of service purchased. Contracts for the purchase of individual digital content or products (one-time purchases) automatically end with the full provision of the purchased service or upon the expiry of the usage period specified in the product description, without the need for termination.
Contracts for subscriptions initially run for the minimum term selected during the ordering process and automatically renew for the same term, but no more than one year, unless terminated in due time.
(2) Subscriptions that automatically renew can be terminated by either the User or the Provider through ordinary termination.
Ordinary termination must be made in text form. Alternatively, the User may terminate the subscription via a corresponding cancellation function in the user account.
Unless otherwise specified in the subscription model or during the ordering process, monthly subscriptions can be terminated with seven (7) days' notice to the end of the respective billing month, and annual subscriptions that automatically renew can be terminated with one (1) month's notice to the end of the respective contract term, provided that this does not result in unreasonable disadvantages for the User.
(3) The right of both parties to terminate the contract for good cause without notice remains unaffected. Good cause for termination without notice by the Provider exists, in particular, if the User seriously or repeatedly (despite prior written warning) breaches essential contractual obligations, if the User is in default with due payments despite a reminder, and/or if the User uses the Platform, apps, or services in a manner that violates applicable law, infringes on third-party rights, or significantly impairs the operation of the Platform or the interests of the Provider.
(4) Upon the effective date of termination, the contractual relationship ends, and the User loses access to the services and content associated with the terminated contract.
In the case of extraordinary termination by the Provider for good cause attributable to the User, the Provider may claim compensation for any damages incurred. Any saved expenses and benefits from alternative use of the service must be taken into account.
If the Provider terminates the contract for good cause attributable to the User, the User has no claim for reimbursement of any fees already paid for future usage periods, unless the Provider saves costs or derives benefits from the early termination.
The right of both parties to assert statutory claims remains unaffected.
10. Liability of the Provider
(1) The Provider is liable only for damages suffered by the User that are caused by the Provider, its legal representatives, or agents with intent or gross negligence.
Regardless of the degree of fault, the Provider has unlimited liability according to statutory provisions for damages resulting from injury to life, body, or health.
The Provider’s liability under the Product Liability Act, as well as liability arising from the assumption of a guarantee or fraudulent concealment of defects, remains unaffected by these liability limitations.
The Provider’s liability for default interest under Section 288(6) sentence 1 of the German Civil Code (BGB) and any other cases of mandatory, unlimited liability required by law also remains unaffected.
(2) Except in cases of unlimited liability under Section 10(1), the Provider is only liable for simple negligence if it involves a breach of essential contractual obligations (cardinal obligations). Cardinal obligations are those duties whose fulfillment enables the proper execution of the contract and on which the User regularly relies; their violation would jeopardize the achievement of the contractual purpose.
In cases of simple negligence - except for instances of unlimited liability - the Provider’s liability is limited to foreseeable damages typical for the type of contract at the time of its conclusion.
(3) Where the Platform provides access to services from third parties that are clearly identified as such and are not used by the Provider itself as agents for performing its main contractual obligations, the Provider accepts no liability for the provision of these third-party services or any resulting damages.
Any contracts regarding third-party services are concluded solely between the User and the third-party provider. The respective contractual and liability terms of the third-party provider apply.
In particular, the Provider is not liable for damages resulting from incorrect or faulty datasets, analyses, or recommendations provided directly by the third-party provider without any fault attributable to the Provider.
(4) Where the Provider’s liability is limited or excluded under the above provisions, this also applies to the personal liability of its legal representatives, employees, and agents.
(5) The statute of limitations for the User’s claims for damages is determined by statutory provisions. These liability provisions do not change the burden of proof to the disadvantage of the User.
11. Copyrights
The Provider holds copyrights to all images, videos, and texts published in its products. Any use of the images, videos, and texts is not permitted without the Provider’s consent.
12. Amendment of These Terms
(1) The Provider is entitled to amend these Terms if this is necessary to adapt to changed legal or technical conditions, to further develop the service offering, or for comparable legitimate reasons.
(2) The Provider will inform the User about planned amendments at least four weeks before the intended effective date in text form. The amended terms will be made available to the User in an appropriate manner (e.g., by email or during the next app launch).
(3) The amended terms will only become effective if the User expressly agrees to them. If the User refuses to give consent or does not respond within four weeks after receipt of the notice of change, the Provider may terminate the contractual relationship with a notice period of two weeks to the end of a calendar month, provided that it is unreasonable for the Provider to continue the existing contract.
13. Final Provisions
(1) All disputes arising from or in connection with a contract concluded based on these Terms shall be governed exclusively by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
If the User is a consumer and has their habitual residence in another EU country, they retain the protection afforded by the mandatory provisions of the law of their country of residence.
(2) If individual provisions of these Terms are wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid provision, the statutory provision shall apply.
(3) At the time of contract conclusion, there are no side agreements. Any amendments or supplements to the contract must be made in text form (Section 126b BGB), unless otherwise legally required.
(4) The statutory rules regarding jurisdiction apply.
A different place of jurisdiction at the Provider’s business location shall be agreed upon if the User relocates their residence or habitual residence from Germany to another country after concluding the contract, or if their residence or habitual residence is unknown at the time of filing the lawsuit.
(5) Unless expressly agreed otherwise, the place of performance for all contractual obligations arising from or in connection with the contractual relationship is the Provider’s business location at Kolonnenstraße 8, 10827 Berlin.
(6) The European Commission provides a platform for online dispute resolution (ODR), accessible at https://ec.europa.eu/consumers/odr/. The Provider points out that they are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board as defined by the German Consumer Dispute Resolution Act (VSBG).
(7) The language available for contract conclusion is German. In the event of discrepancies or uncertainties in translations of these Terms into other languages, the German version shall prevail.
(8) The Provider stores the text of the contract, including these Terms. The current version of the Terms can be accessed and downloaded at any time on the Platform. Any further storage of the specific contract text valid at the time of contract conclusion and its availability for the User depends on the chosen ordering process; generally, the User receives the contract confirmation and the Terms by email upon contract conclusion.