EULA

General Terms of Use for the MATS app and MATS platform

As of: August 2025

Preliminary

The provider of the MATS app is MATS GmbH, Max-Ernst-Straße 4, 50354 Hürth, represented by its managing directors Frederik Martin, Dr. Sebastian Rösler, and Jens Seidel (hereinafter referred to as the "Provider"). The Provider makes available via third-party providers, in particular the Google Play Store and the Apple App Store (hereinafter referred to as "App Stores"), an application for mobile devices with the help of which users (hereinafter referred to as "Users") can plan and manage their sports training as athletes, receive performance diagnostics, and communicate with trainers or coaches, and Users as trainers or coaches can communicate with athletes, set their own training plans, and offer them to other Users for purchase via the Provider (hereinafter referred to as the "MATS App"). The provider also has a website at the URL address https://www.mats.coach, through which users can access their stored data and the functions of the MATS app (hereinafter referred to as the "MATS platform"). Note: Certain functions of the platform (e.g., adaptive training plans, performance forecasts, AI coaching support) are provided by AI services from our partners Svexa Sweden AB and Silicon Valley Exercise Analytics Inc.

The following provisions apply to the use of the MATS platform and the MATS app by the user:

§ 1 Scope

1.1 These General Terms and Conditions of Use apply to the use of the MATS app and the MATS platform provided by the provider to the user, in particular to registration and login to the MATS app or the MATS platform, as well as to the use of the MATS app or the MATS platform and access to offers and services of the MATS app or the MATS platform.

1.2 In the MATS app and on the MATS platform, users have the option of purchasing individual products/services from the provider, in particular training plans and performance diagnostics. All so-called in-app purchases made via the MATS app or the MATS platform or all other contracts concluded via the MATS app between the user and the provider are subject to the provider's General Terms and Conditions.

1.3 The app stores' own terms of use (e.g., Google Play Terms of Service and iTunes Terms of Service) apply in addition, in particular for the acquisition (purchase, procurement, licensing, borrowing, or subscription, etc.) of the MATS app.

1.4 Any general terms and conditions of use of the user that conflict with or deviate from these General Terms and Conditions of Use shall not be recognized by the provider unless their validity is expressly agreed to in writing.

1.5 By registering with the MATS app or using this app or the MATS platform, you as a user accept these General Terms and Conditions of Use; please read the contents of these General Terms and Conditions of Use carefully and in full.

The user can print out the Provider's currently valid General Terms and Conditions of Use at https://mats.coach/de/eula/ .

§ 2 Identity and contact details of the provider

2.1 The contact details of the provider are as follows:

MATS GmbH

Address of the branch: Max-Ernst-Strasse 4, 50354 Hürth, Germany

Phone number: 0176 81119190

Email address: support@mats.coach

2.2 Further information about the provider can be found in the legal notice on the website at the URL address https://mats.coach/de/imprint-de/.

§ 3 Usage requirements and availability

3.1 The range of functions of the MATS app or the MATS platform may vary depending on the operating system. To use the MATS app or the MATS platform, the user requires compatible hardware and software, for which the latest version is recommended and may even be required, as well as Internet access (fees may apply).

3.2 In addition, smart devices such as smartphones, (pulse) watches, smartwatches, GPS devices/systems, bicycle computers with GPS function, and connection to other apps or interfaces, such as Garmin, Wahoo, and Strava, are required for full use of the MATS app or MATS platform and the provider's services. These devices and apps/interfaces are not part of the provider's services. An up-to-date overview of compatible devices and apps/interfaces can be found at https://mats.coach/de/help-center/.

3.3 The functionality of the MATS app and MATS platform may be affected by the factors mentioned above.

3.4 Due to the nature of the internet, the provider does not guarantee that the services will not be interrupted. The provider also does not guarantee that the services will be up to date or secure. However, the provider strives to enable the user to access and use the MATS app and the MATS platform securely. The user should always use up-to-date and industry-recognized software to check for and remove viruses.

3.5 The provider shall provide the user with updates. It shall inform the user via the respective app store from which the MATS app was downloaded.

§ 4 Creation of a user profile

4.1 Use of the MATS app or MATS platform requires the creation and registration of a user profile; registration for such a profile is also possible via the third-party networks Facebook and Google. To register a user profile and use the MATS app or the functions of the MATS platform, the user must be at least 18 years old and have full legal capacity. A user profile can only be created if the user provides a current email address. This email address will also be used for communication with the provider.

4.2 After accepting the General Terms and Conditions of Use and the Privacy Policy (see § 11 of these General Terms and Conditions) of the Provider, registration takes place by entering a username, first and last name, email address, date of birth, and password. A profile photo may be uploaded optionally. The gender may be specified optionally. The user warrants that the data used to create their user profile is accurate and complete; the use of pseudonyms is not permitted. The registration of a user profile is subject to acceptance of these General Terms and Conditions of Use and the Privacy Policy. Before binding registration, the user can move back and forth as desired by clicking the corresponding forward/back buttons within the registration process and thus correct any input errors or make any desired corrections. The user can also edit their details subsequently in the profile settings of their user profile via the MATS app and the MATS platform.

4.3 If, when registering a user profile, the user has selected the "Trainer" button instead of "Athlete" (hereinafter: "trainer profile"), requires the user to maintain a paid premium subscription in order to use this trainer profile and its special functions, in particular the option of offering their own training plans via the MATS app and MATS platform through the provider. Otherwise, they will not be able to use the trainer profile. If the user receives free trial access for the first 28 days of use when registering a trainer profile, they may only use the option to post training plans for purchase by the provider during this period after purchasing a premium subscription. The provisions governing the purchase of a premium subscription are set out in the provider's general terms and conditions. The user cannot change a user profile once it has been registered as a trainer profile. However, the user is permitted to register and use a user profile as an athlete in addition to this.

4.4 After registration, the provider sends the user an email asking them to verify their registration; by clicking a button, the user is redirected to a website where the registration is finally confirmed.

4.5 By completing the registration process and creating a user profile, a usage agreement is concluded between the user and the provider for an indefinite period in accordance with these General Terms and Conditions of Use. The subject matter of the usage agreement is the use of the user profile in the MATS app or on the MATS platform.

4.6 The user may only register and create one user profile. The user undertakes to use the user profile exclusively for personal purposes and not to allow third parties to use it without the provider's consent.

4.7 There is no entitlement to registration or – prior to registration – use of the MATS app or MATS platform by the user.

4.8 Any contractual relationships arising from communication between the user and other users are exclusively between the users involved. The provider is neither a representative nor a contractual partner.

§ 5 Use and rights of use

5.1 The content contained in the MATS app or on the MATS platform is restricted to the personal use of the user, unless there are legal exceptions. By downloading the MATS app, the user does not acquire any copyrights or industrial property rights, unless these have been explicitly granted to them.

5.2 Subject to compliance with these General Terms and Conditions of Use and payment of any costs or fees incurred by the user, grants the user a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access the MATS app and use it for personal, non-commercial purposes. This license does not include the resale or commercial use of the content, the collection and use of product information, descriptions or prices, or the derivative use of the content provided by the MATS app or the MATS platform.

5.3 All rights not expressly granted to the user under these Terms of Use or other relevant terms and conditions remain reserved by the provider or its licensees, suppliers, publishers, rights holders, or other content providers. The content may not be reproduced, duplicated, copied, sold, resold, or otherwise used for commercial purposes, either in whole or in part, without the express written consent of the provider.

5.4 The MATS app or MATS platform and its functions may not be used in an abusive manner. The MATS app or MATS platform may only be used within the scope of the law and in accordance with these General Terms and Conditions of Use. Any violation of these General Terms of Use or other relevant terms and conditions, as well as any misuse of the MATS app or the MATS platform, will result in the revocation of the permission or license granted in this section (§ 5); in this case, the provider also has the right to exclude the user from using the MATS app or the MATS platform.

5.5 AI-supported content is recommendations and does not replace medical advice or diagnosis. Users undertake to check this information on their own responsibility and to seek medical advice if necessary.

§ 6 Warranty and guarantee

6.1 The statutory provisions apply, in particular §§ 434 ff. BGB (German Civil Code) and §§ 327 ff. BGB.

6.2 The provider makes no representations or warranties.

§ 7 Liability and limitation of liability

7.1 The provider shall be liable without limitation if the cause of the damage is based on intent or gross negligence. Furthermore, the provider shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the user can regularly rely. In this case, however, the provider shall only be liable for the foreseeable damage typical for this type of contract. The provider shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

7.2 The above limitations of liability do not apply in the event of injury to life, limb, or health, for a defect after assumption of a guarantee for the quality of the product, and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

7.3 Insofar as the liability of the provider is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

7.4 MATS remains the sole contractual partner of the users. Svexa acts exclusively as a technical service provider. MATS does not assume any liability for the accuracy, completeness, or correctness of the content generated by AI.

§ 8 Disclaimer

8.1 The provider is not liable for the accuracy and completeness of the information/data provided to it by the user or by manufacturers of devices or providers of apps/interfaces. Furthermore, the provider is not liable for the recording of data by the aids, smart devices, or training devices.

8.2 Downloads must be downloaded at the time of purchase and saved by the user on their own storage medium. There is no entitlement to have the downloads made available for download again at a later date.

8.3 MATS remains the sole contractual partner of the users. Svexa acts exclusively as a technical service provider. MATS does not guarantee the accuracy, completeness, or correctness of content generated by AI.

§ 9 Obligations of users and granting of rights by users

9.1 The user is obliged to provide true and complete information and data when registering their user profile and to keep this information up to date and update it immediately if necessary. If these obligations are not met, the provider is entitled to temporarily or permanently block the user.

9.2 The user is obliged to keep the login and password associated with the user profile secret and to protect the user profile from unauthorized access by third parties. The user is also obliged to inform the provider immediately if there are indications that their user profile has been misused by third parties.

9.3 The user is obliged to provide only truthful information or to post or upload content and data. The information or content must be factual and verifiably true and must not violate common decency, public order, or applicable laws, in particular trademark and copyright laws or other industrial property rights or personal rights. Only information or content to which the user posting it holds the rights or whose publication has been approved by the rights holder may be posted or uploaded. Any misuse of the option to upload, make publicly available, distribute, reproduce, or publish information or content via the MATS app or the MATS platform is prohibited. Users have no right to the publication of information or content. Information or content that is untrue, unobjective, or otherwise violates the rights of third parties or applicable laws may be corrected or removed by the provider at any time without prior notice after review.

9.4 The provider expressly distances itself from any information or content uploaded by users via the MATS app or the MATS platform and accepts no responsibility for this. If there are justified objections to information or content provided by users, these can be communicated to the provider using the contact details in § 2 of these General Terms of Use. The provider will then immediately review the objectionable information or content and, if necessary, remove it or request that the user make adjustments.

9.5 By submitting or uploading information, content, and reviews, the user grants the provider the simple, free, revocable, and spatially and temporally unrestricted right of use (including the right to edit, provided that the editing and redesign is carried out in a manner that preserves the intellectual character of the work, and the right to translate) to the submitted or uploaded information or content, together with any reviews submitted. The user waives the right to be named as the author. These rights of use are limited in content and scope to what is necessary for the operation and provision of the services of the MATS app or the MATS platform.

9.6 If the provider releases new versions, updates, upgrades, or other new deliveries with regard to the software during the term of a contract, the above obligations and rights shall also apply to these.

§ 10 Intellectual property and property rights

10.1 The Provider is the owner of all rights to the MATS app and the MATS platform, as well as the computer programs and data underlying the MATS app that are contained in the MATS app. The same applies to the design and layout of the MATS app or the MATS platform and all design drawings and other drawings, product and service names in this context. These trademarks, designs or other works belonging to the Provider may not be used, reproduced, distributed, made publicly available or otherwise exploited for other purposes without the Provider's consent.

§ 11 Data protection

11.1 The Provider attaches great importance to the protection of users' personal data. Further information on how the Provider handles the user's personal data and any settings options is provided in the Provider's privacy policy at https://mats.coach/de/privacy-policy-app/.

11.2 MATS processes personal data in accordance with the GDPR. This also includes health data within the meaning of Art. 4 No. 15 GDPR (e.g., heart rate and sleep data), insofar as this is provided by the user. We transfer data to Svexa Sweden AB (Sweden) and Silicon Valley Exercise Analytics Inc. (USA) for the provision of certain AI functions. The transfer to the USA is carried out exclusively on the basis of appropriate safeguards, in particular the EU standard contractual clauses pursuant to Art. 46 GDPR.

11.3 By activating the AI functions, the user expressly consents to their health data (e.g., heart rate and sleep data) being processed by MATS and transferred to Svexa for this purpose (Art. 9 para. 2 lit. a GDPR). Consent can be revoked at any time with future effect with a notice period of 28 days. Revocation has no effect on the continued use of the platform, but may limit the functionality of AI-based features.

§ 12 Contract amendment and termination

12.1 The user may terminate their use of the MATS app or MATS platform at any time and terminate this user agreement at any time without giving reasons and without observing a notice period by deleting their user profile. After deletion of the user account, all content and records posted will be deleted by the provider and the user will no longer have access to any content already purchased.

12.2 The provider reserves the right to change and adapt the General Terms and Conditions of Use. The user will be informed of this in advance in an appropriate manner. If the user does not agree to the change, they must discontinue use of the MATS app or the MATS platform from the date on which the change takes effect. If the user continues to use the MATS app or the MATS platform after the change has come into effect, this constitutes their agreement to the amended terms and conditions.

§ 13 Right of withdrawal and cancellation policy

13.1 If you as a user are a consumer within the meaning of § 13 BGB (i.e., a natural person who places the order for a purpose that cannot be attributed predominantly to your commercial or independent professional activity) and the right of withdrawal has not expired (see the last paragraph of this section below), you are entitled to the statutory right of withdrawal described below:

Cancellation policy

Cancellation

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (MATS GmbH, Max-Ernst-Straße 4 in 50354 Hürth, phone number: 0176 81119190, email address:support@mats.coach ) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To comply with the cancellation period, it is sufficient to send the notification of exercising your right of cancellation before the cancellation period expires.

Consequences of revocation

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

If you have requested that the services should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with respect to this contract in comparison to the total scope of the services provided for in the contract.

If you have indicated in the MATS app or on the MATS platform that the contract should be performed before the end of the withdrawal period, you acknowledge and agree that your right of withdrawal expires.

- End of the withdrawal policy -

13.2 The provider provides the following information about the model withdrawal form in accordance with the statutory provisions:

Sample withdrawal form

If you wish to withdraw from the contract, please fill out this form and send it back.

MATS GmbH

Max-Ernst-Strasse 4

50354 Hürth

Phone number: 0176 81119190

Email address: support@mats.coach

I/we (*) hereby revoke the contract concluded by me/us (*)
for the purchase of the following goods (*)/the provision of the following
service (*)

________________________________________

_______________

Ordered on (*)_______________/Received on (*) ___________

Ordered on (*)_______/received on (*) ______

________________________________________

________________

Name of consumer(s)

________________________________________

________________

Address of the consumer(s)

________________________________________

________________

Signature of the consumer(s) (only if notification is made on paper)

____________

Date

(*) Delete as applicable

§ 14 Final provisions

14.1 Contracts between the Provider and the User under these General Terms and Conditions of Use shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall only apply insofar as it does not deprive consumers of the protection afforded to them by mandatory provisions of the law of the country of their habitual residence (principle of favor).

14.2 The place of performance for all services arising from the contracts concluded between the Provider and the User and the place of jurisdiction shall be the registered office of the Provider, provided that the User is not a consumer within the meaning of § 13 BGB (German Civil Code), but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if the customer does not have a general place of jurisdiction in the Federal Republic of Germany or the European Union or if their place of residence or habitual residence is unknown at the time the action is brought. The right to bring an action before the court at another legal place of jurisdiction remains unaffected by this.

14.3 Should individual provisions of these General Terms and Conditions of Use be or become invalid and/or contradict statutory provisions, this shall not affect the validity of the remaining provisions of these Terms and Conditions of Use. The invalid provision shall be replaced by the contracting parties by mutual agreement with a provision that comes closest to the economic purpose of the invalid provision in a legally effective manner. The above provision shall apply accordingly in the event of loopholes.

14.4 The EU Commission provides an internet platform for online dispute resolution ("ODR platform") at https://ec.europa.eu/consumers/odr/. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales contracts. The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.