General Terms & Conditions

Effective June 10, 2022. Last Revised August 24, 2022. The terms and conditions are governed by german law.
By signing up or continuing to use Actio, you agree to the following terms and conditions.

1. Preamble

(1) The following regulations, as far as effectively included, become subject of the contract between us, Happy Habits Solution GmbH, Köpenicker Chaussee 3a in 10317 Berlin and the users. Therefore, please read these General Terms and Conditions carefully.(2) Our goal is to help the users of our app to optimize themselves in various areas. This includes physical as well as mental activities, which are aimed at making the users more satisfied, healthier and more efficient in their everyday life.

2. Health advice

The health of our users is an important asset. Before users take part in our courses, we therefore recommend that they consult a doctor, especially to check their physical fitness. Participation in the courses is always at your own risk. Even after prior contact and possible assistance, we cannot assume any responsibility for the user's performance and the suitability of our offers for the user. This applies all the more if there are pre-existing conditions, such as heart and circulatory diseases, respiratory diseases, muscular problems or spinal diseases. The information, advice and tips provided by us can in no way replace medical advice.

3. General condition of use

(1) Our offer to conclude a contract is directed exclusively at consumers within the meaning of § 13 BGB. This is a natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity.
(2) A minimum user age of 16 years is also a prerequisite for the use of our services.
(3) The use of certain offers is only effectively possible with certain training aids (e.g. headphones). The users have to take care of the provision and if necessary acquisition of these additional means at their own expense.(4) By accepting these General Terms & Conditions users also agree to follow our Community and Content Guidelines.

4. Registration, creating a user account

(1) To use our services, users must first download our app. After that, the users can register and open a free user account via our app. During registration, users must agree to the validity of our General Terms and Conditions (GTC) and confirm that they have read the data protection information.
(2) In order to carry out the registration, it is mandatory to provide a mobile phone number and the country code. Users will then be sent a confirmation SMS with an activation code. After entering the transmitted code, the registration is completed. Only the entry of the mobile phone number is mandatory. Alternatively, users can register using their Google account or Apple account on Android and iOS devices respectively.
(3) After registration, users can enter additional information in their account, assign a username, enter information on gender and date of birth or upload a profile picture. These further details are voluntary.

5. User Content

(1) The services may contain information, text, links, graphics, photos, videos, audio, streams, or other materials (“Content”), including Content created with or submitted to the Services by users or through user account (“User Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of User Content.
(2) By submitting User Content to the services, users represent and warrant that they have all rights, power, and authority necessary to grant the rights to User Content contained within these GTC. Because users alone are responsible for User Content, users may expose themselves to liability if they post or share Content without all necessary rights.
(3) Users retain any ownership rights they have in User Content, but they grant us the following license to use that Content: when User Content is created with or submitted to the services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sub-licensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display User Content and any name, username, voice, or likeness provided in connection with User Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make User Content available for syndication, broadcast, distribution, or publication by other companies, organisations, or individuals who partner with us. You also agree that we may remove metadata associated with User Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to User Content.
(4) Although we have no obligation to screen, edit, or monitor User Content, we may, in our sole discretion, delete or remove User Content at any time and for any reason, including for violating these Terms, or if you otherwise create or are likely to create liability for us.

6. Termination

(1) Users may terminate the user relationship with us at any time and without giving reasons by deleting their user account. The deletion can be done via email to
(2) Both parties are also entitled to terminate the contract for good cause. We shall be entitled to terminate the contract for good cause in particular in cases in which the User seriously or repeatedly violates essential provisions of these General Terms and Conditions of Business.

7. Warranty for defects

The claims due to defective performance result from the statutory warranty provisions.

8. Liability

(1) Regardless of the legal grounds, we shall be liable without limitation for damages due to intent and gross negligence or the lack of a guaranteed characteristic.
In the event of a slightly negligent breach of an essential contractual obligation, we shall only be liable for typical, foreseeable damage. An essential contractual obligation is any obligation which is necessary for the fulfilment of contractual purposes and on the fulfilment of which the users can rely as consumers.
(2) Our liability for injuries to life, body or health caused by us remains unaffected by the aforementioned limitations. Otherwise our liability is excluded.
(3) Claims under the Product Liability Act shall remain unaffected by the aforementioned limitations.

9. Alternative dispute resolution; choice of law and jurisdiction

(1) With regard to the law on consumer dispute resolution, we point out that we do not participate in voluntary consumer dispute resolution. If a consumer dispute resolution would become binding for us after printing of these GTC, we will inform the users about this in an appropriate form.
(2) We refer to the European online dispute resolution platform for all contracts concluded in electronic legal transactions.
(3) For users who are not nationals of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between us and the user. Such users can sue us exclusively at their place of business.

10. Amendments to the general terms and conditions

(1) We reserve the right to amend these General Terms and Conditions with effect for the future if this is necessary due to legal, official or technical changes. However, changes will only be made if they are reasonable in good faith, taking into account the interests of the users.
(2) In the event of an amendment to these General Terms and Conditions of Business, we shall inform the users by e-mail at least two weeks before the amendment comes into effect. In addition to the right of objection, this information includes details of the objection period and the legal consequences of silence or objection. The new General Terms and Conditions shall be deemed accepted if the users have not objected within the aforementioned 2-week period.
(3) In the event of an objection, we expressly reserve the right to ordinary termination. We will also inform you again separately about your right of objection, the deadline for this and the legal consequences of your silence or objection.

11. Consumer information

(1) The contract languages are German and English. The language selection is done by specifying the language in the settings of the mobile phone. In addition, the language can be set in the app and a choice can be made between English and German.
(2) The text of the contract and these General Terms and Conditions can be viewed at any time in the user account. For permanent storage of the General Terms and Conditions, it is generally possible to save them as a PDF file. Instructions for this can usually be found in the browser software.

12. All about being a creator on Actio

To summarise: At Actio, we use the term expert and creator synonymously. A creator or expert is someone who creates a profile on Actio and has at least offered one livecasts (livestream) to educate, advise and engage with users. There are a lot of details below involving payments, fees, taxes and restrictions that you should read in full if you are a creator.

12.1 Membership?
There is no such thing as a membership or different kinds of plans. To become an expert creator, simply launch your profile and start creating public content. Using Actio and creating a profile is free of charge. When you join Actio, you become part of the Actio community. You can use creator tools that Actio provides, showcase your creations in posts or different types of livecasts, and thus receive revenue. 

12.2 Payments
As a creator you can make your live content available on Actio and decide for yourself what you would like to charge for it. You will only be credited for livecasts that are eligible for remunerations. Eligible livecasts are defined by Actio. The responsibility of proof lies with us.
We handle payments issues such as fraud, chargebacks and resolution of payments disputes. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us. In order to protect creators, we may block user’s payments if we believe them to be fraudulent.

12.3 Fees
As a creator there is a fee associated with your activities on Actio. From any revenue made from 1-on-1 livecasts or 1-to-many livecasts, 10% will be deducted by Actio as a fee if not agreed otherwise.
This is also the case for certified creators, who have a signed contract with Actio.
If you are a certified creator and have signed a contract with Actio, the content of your agreement continues to apply to any free public livecasts until further notice. In addition to Actio fees, Apple App Store and Google Play Store charge a distribution fee of 15% for every transaction made on Actio - this is applicable in case of group livecasts and digital goods. You can find an overview of your earnings and stats in your Creator Dashboard.

12.4 Tax
We collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received.

12.5 Restrictions
Creators are accountable for the content they distribute via Actio. We don’t allow content and interactions that violate our policies. You can learn more by visiting our Community Guidelines. A summary of those rules is that we don’t allow:Illegal content.

• Content that is abusive towards other people.
• Content that uses others’ intellectual property, unless you have written permission to use it or your use is protected by fair use.
• Content with real people engaging in sexual acts.
• Content that uses others’ intellectual property, unless you have written permission to use it or your use is protected by fair use. 

If your followers and participants include people under the age of 16 then please remind them that those under the age of 16 cannot use Actio. An account is tied to your creative output and cannot be sold or transferred for use by another creator.