Eula

1.1

These General Terms and Conditions of Use apply to the use of MATS App and MATS Platform provided by the Provider to the User, in particular to registration and login to MATS App or MATS Platform, as well as the use of MATS App or MATS Platform and access to offers and services of MATS App or MATS Platform.

1.2

The MATS App and the MATS Platform enable Users to purchase individual products/services of the Provider, in particular training plans and performance diagnostics. The General Terms and Conditions of the Provider shall apply to all so-called in-app purchases via MATS App or MATS Platform or all other contracts between the User and the Provider concluded via MATS App.

1.3

In addition, the App Stores’ own terms of use (e.g. Google Play terms of use and the iTunes terms of use) apply, in particular for the acquisition (purchase, subscription, licensing, lending or subscribing, etc.) of MATS App.

1.4

General terms and conditions of use of Users 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 in MATS App or using this app or the MATS Platform, you as a User accept these General Terms of Use; therefore, please read the contents of these General Terms of Use carefully and completely.

1.6

The User can access and print out the currently valid General Terms of Use of the Provider at https://mats.coach/en/eula/ .

2.1

The contact details of the Provider are as follows:

2.2

Further information about the Provider can be found in the imprint on the website at the URL address https://mats.coach/en/imprint/.

3.1

The functionality of MATS App or MATS Platform may vary depending on the operating system. To use MATS App or MATS Platform, the User needs compatible hardware and software, with the latest version recommended and may even be required, and Internet access (fees may apply).

3.2

In addition, smart devices, such as smartphones, (pulse) watches, smartwatches, GPS devices/systems, bike computers with GPS function, and the connection with other apps or interfaces, for example Garmin, Wahoo and Strava, are required for the full use of MATS App or MATS Platform and services of the Provider. These devices and apps/interfaces are not part of the Provider’s services. For a current overview of compatible devices and apps/interfaces, please visit https://mats.coach/en/help-center/ .

3.3

The functionality of MATS App and MATS Platform may be affected by the above factors.

3.4

Due to the peculiarities of the Internet, the Provider does not guarantee that the services will not be interrupted. The Provider also does not guarantee timeliness and security of the services. However, the Provider shall endeavor to provide the User with secure access and use of MATS App or MATS Platform. User shall always use up-to-date and industry-accepted software to scan for and remove viruses.

3.5

The Provider provides the User with updates. He informs the User via the respective app store from which the User has downloaded the MATS app.

4.1

Any use of MATS App or MATS Platform requires the registration of a User profile; registration for such a profile is also possible via the third-party networks Facebook and Google. The User must be at least 18. years old and legally capacitated to register a user profile and to use MATS App or the MATS Platform features. The creation of a User profile is only possible if the User provides a current e-mail address. This e-mail address is also used for communication with the Provider.

4.2

After the User has accepted these General Terms of Use and Privacy Policy (information on this under § 11 of these General Terms of Use) of the Provider, the User can register a User profile by entering a Username, his first and last name, an e-mail address, a password and date of birth. A profile photo can optionally be uploaded. Optionally, the gender can also be specified. The User assures that the data used in the creation of his user profile is accurate and complete; the use of pseudonyms is not permitted. The registration of a user profile is subject to the User’s agreement to these General Terms of Use and the Privacy Policy. Before the binding registration, the User can go back and forth within the registration process by pressing the corresponding forward/backward buttons and thus correct input errors or make desired corrections. He can subsequently also edit his entries in the profile settings of his user profile via MATS app as well as MATS platform.

4.3

If the User has selected the button “Trainer” instead of “Athlete” when registering a User profile (hereinafter: “Trainer profile”), it is necessary for the User to have a paid Premium Subscription in order to use this Trainer profile and its special functions, in particular the possibility of offering own training plans via the MATS App and MATS Platform through the Provider. Otherwise, he cannot use the Trainer profile. If the User receives a free trial access for the first 28 days of use when registering a Trainer profile, however, he/she can only use the option to upload training plans for purchase through the Provider during this period by purchasing a Premium Subscription. The provisions governing the purchase of a Premium Subscription are governed by the Provider’s General Terms and Conditions. The User cannot change a Trainer profile once it has been registered as a Trainer profile. However, the user is allowed to register and use a User profile as an athlete.

4.4

After registration, the Provider sends the User an e-mail with the request to verify the registration; by clicking a button, the User is redirected to a web page where the registration is finally confirmed.

4.5

By completing the registration process and creating a User profile, a contract of use for an indefinite period of time is concluded between the User and the Provider in accordance with these General Terms of Use. The subject of the user contract is the use of the user profile in MATS App or on the MATS Platform.

4.6

The User may only log in and register one User profile. The User undertakes to use the user profile exclusively personally 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 MATS App or MATS Platform of the User.

4.8

In any communication of the User with other users, any contractual relationships arise exclusively between the users involved. The Provider is neither a representative nor does he become a contractual partner himself.

5.1

The content of MATS App or MATS Platform is restricted to the User’s personal use, unless legal exceptions apply. By downloading the MATS App, the User does not acquire any copyrights or industrial property rights, unless these have been explicitly granted to the User.

5.2

Subject to User’s compliance with these General Terms of Use and payment of any applicable fees or charges, the Provider grants the User a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and make personal, non-commercial use of the MATS App. This license does not include the resale or commercial use of the content, any collection and use of product information, descriptions or prices, derivative use of the content provided by the MATS App or the MATS Platform.

5.3

All rights not expressly granted to the User on the basis of these General Terms of Use or other relevant terms and conditions are reserved by the Provider or their 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, in whole or in part, without the express written consent of the Provider.

5.4

MATS App or MATS Platform and its functions may not be used in an abusive manner. MATS App or MATS Platform may only be used within the scope permitted by law and in accordance with these General Terms of Use. Any violation of these General Terms of Use or other relevant terms and conditions as well as any misuse of MATS App or the MATS Platform shall result in the termination of the permission or license granted in this section (§ 5); furthermore, in this case the Provider shall have the right to exclude the User from using the MATS App or the MATS Platform.

6.1

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

6.2

The Provider makes no representations or warranties.

7.1

The Provider shall be liable without limitation insofar as the cause of damage is based on intent or gross negligence. Furthermore, the Provider is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the User can regularly rely. In this case, however, the Provider shall only be liable for the foreseeable damage typical for the contract. The Provider shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.

7.2

The above limitations of liability shall not apply in the event of injury to life, limb and health, for a defect following the 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.

8.1

The Provider is not liable for the accuracy and completeness of the information/data provided to him 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 tools, smart devices or training devices.

8.2

Downloads must be downloaded at the time of purchase and saved by the User on his or her own storage medium. There is no claim that the downloads will be made available for download again at a later date.

9.1

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

9.2

The User is obliged to keep the login and the password belonging to the user profile secret and to protect the user profile from unauthorized access by third parties. He is also obliged to inform the Provider immediately if there are indications that his 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 demonstrably true and generally not violate morality, public order or applicable laws, in particular trademark rights, copyrights or other industrial property rights and personal rights. Only information or content may be posted or uploaded to which the posting User holds the rights or to which the rights holder has consented to publication. Any improper use of the possibility to upload, make publicly available, distribute, reproduce or publish information or content via MATS App or MATS Platform is prohibited. Users have no claim to publication of the details 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 after review without prior notice.

9.4

The Provider expressly distances itself from any information or content uploaded by Users via MATS App or MATS Platform and takes no responsibility for it. If there are justified objections to information or content provided by Users, these can be communicated to the Provider via the contact data under § 2 of these General Terms of Use. The Provider will then immediately check the objectionable information or content and, if necessary, remove it or require the User to make adjustments.

9.5

By submitting or uploading information, content and ratings, the User grants the Provider the simple, free, revocable, and spatially and temporally unrestricted right of use (including the right to edit, insofar as the editing and redesigning is done while preserving the intellectual character of the work, as well as the translation right) to the submitted or uploaded information or content, including any rating given. The User waives the right to be named as author. These rights of use are limited in content and scope to what is necessary for the operation and provision of the services of MATS App or MATS Platform.

9.6

If the Provider makes 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.

10.1

The Provider is the owner of all rights to MATS App and MATS Platform, as well as to 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 designations 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.

11.1

The Provider attaches great importance to the protection of the User’s personal data. More detailed information on the Provider’s handling of the User’s personal data and any possible settings can be found in the Provider’s Privacy Policy at https://mats.coach/de/privacy-policy-de/.

12.1

The User may terminate the use of MATS App or MATS Platform at any time and may terminate this User agreement at any time without giving reasons and without observing a notice period by deleting his user profile. After deletion of the User account, all posted content and recordings will be deleted by the Provider and any content already purchased by the User will no longer be accessible in this case.

12.2

The Provider reserves the right to change and adapt the General Terms of Use. The User will be informed of this in advance in a suitable manner. If the User does not agree to the change, the User must stop using MATS App or the MATS Platform as of the notified date on which the change comes into effect. If the User continues to use the MATS App or the MATS Platform after the change comes into effect, this shall constitute his consent to the changed conditions.

13.1

If you as a User are a consumer in the sense of § 13 BGB (i.e. a natural person who concludes a legal transaction for a purpose which cannot be assigned to their commercial or independent professional activity.), and the right of withdrawal has not expired (see below in the last paragraph of this section), you are entitled to the statutory right of withdrawal described below:

13.2

The Provider informs about the model withdrawal form according to the legal regulations as follows:

14.1

Contracts between the Provider and the User under these General Terms 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 to the extent that the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not thereby withdrawn (favorability principle).

14.2

The place of performance for all services arising from the contracts concluded between the Provider and the User as well as the place of jurisdiction shall be the Provider’s place of business, insofar as the User is not a consumer within the meaning of Section 13 of the BGB, 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 the customer’s place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.

14.3

Should individual provisions in these General Terms of Use be or become invalid and/or contradict the statutory regulations, this shall not affect the validity of the provisions in these Terms of Use in other respects. The ineffective provision shall be replaced by the contracting parties by mutual agreement with a provision that comes as close as possible to the economic purpose of the ineffective provision in a legally effective manner. The above provision shall apply mutatis mutandis 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 contact point for the out-of-court settlement of such disputes arising from online purchase contracts. The Provider is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.