General Terms and Conditions
for
Contracts via the MATS App and MATS Platform
Status: July 2023 (V4b)
Preamble
The provider of the MATS Platform is MATS GmbH, Max-Ernst-Strasse 4 in 50354 Hürth, represented by the managing directors Frederik Martin, Dr. Sebastian Rösler and Jens Seidel (hereinafter: “Provider“). The Provider provides an online service (hereinafter: “MATS Platform“) as well as an application for mobile devices (hereinafter: “MATS App“) for athletes and trainers or coaches (hereinafter: “Users” or “Customers”) via his website www.mats.coach, with the help of which athletes can plan and control their trainings as well as receive performance diagnostics and communicate with trainers or coaches. Via the MATS App and MATS Platform, Users have the option to purchase or order or acquire individual products or services, in particular training plans and performance diagnostics, and to acquire additional functions as part of a paid subscription. Trainers also have the option to offer training plans to other users on the MATS app and MATS platform through the Provider. The following General Terms and Conditions govern purchases and other contractual transactions between the provider and users or customers (hereinafter individually/collectively also referred to as “Party” or “Parties“) via the MATS App and MATS Platform.
§ 1 Scope
1.1 These General Terms and Conditions of Business (hereinafter: “GTC“) apply to all contracts concluded by the provider and the user or customer via the MATS App or MATS Platform.
1.2 All contracts concluded between the provider and the customer via the MATS Platform or MATS App shall be governed exclusively by the provisions set forth in these GTC in the version valid at the time of the Customer’s order or offer.
1.3 Deviating general terms and conditions of the Customer shall not become part of the contract and such terms and conditions are hereby objected to by the Provider, if and to the extent that the Provider has expressly agreed to their applicability in writing.
§ 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
E-mail address: support@mats.coach
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 General Terms of Use for MATS App/ MATS Platform
3.1 In addition to these GTC, the provisions of the provider’s General Terms of Use for the use of the MATS App and the MATS Platform shall apply, in particular to the registration and setup of a User profile.
3.2 The current General Terms and Conditions of Use of the Provider are available at the following URL address: https://mats.coach/en/eula/.
§ 4 Conclusion of contract, order process and payment methods
4.1 The services offered by the provider via the MATS Platform or MATS App can only be obtained by Customers who have previously registered as a User with a User profile on the MATS App/ MATS Platform.
4.2 To place an order, the User must first navigate to the purchase area in his user profile (store). To do this, he must select “More” in the function bar of the MATS App or MATS Platform. He will then get to the “More features” section. Via this area, the user can purchase services from the Provider:
- Under the “Shop” category, the User can click on the “Diagnostics” button to access the order area for a performance diagnostic and start the ordering process. During the ordering process, the User is asked to provide certain information about his or her athletic performance, which is required to create a performance diagnostic. If the User is logged in to the MATS Platform via his User profile, he can access the training plan offers via the “Training plan store” button and start the ordering process.
- Under the category “User Settings “, the User can access the order area for the purchase of an upgrade of his User profile via the button “ Subscription “, which offers him further usage options and functionalities for his User profile (hereinafter: “Premium Subscription“).
4.3 If the User carries out the order process via the MATS App, the User requires an account with “Google Play” to use the “Google Pay” payment system of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (hereinafter “Google“) or an account in the “App Store” to use the “Apple Pay” payment system of Apple Distribution International, Hollyhill Industrial Estate, Cork, T23 YK84, Ireland (hereinafter “Apple“) in order to select a payment method and complete the order process. Via the respective payment system, the User can select a payment method or payment service as part of the ordering process. To do so, he must add a payment method or a payment service to his account as part of the ordering process if this has not yet been the case. For this purpose, a forwarding to Google or Apple takes place. The following payment methods and services are supported by Google and Apple: Payment via cell phone bill, credit or debit card, paysafecard or gift card (voucher code) from Google/Apple, Klarna and PayPal. The user will receive more information about the respective providers from Google/ Apple if he wants to add a payment method in his account. In the case of Google Pay, the User makes a binding request to purchase/acquire the selected service by selecting the button “ 1 tab buy ” (hereinafter: “Order“). In the case of Apple Pay, the order is placed accordingly by selecting the “Buy” button.
4.4 If the order process is carried out by the User via the MATS Platform, the payment processing will be carried out via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe“). To select the payment method or payment service, the User will be redirected to a page of Stripe. There the User can select the payment method and enter the required information. Payment is possible via credit card (VISA, Mastercard, American Express, Discover-Card), giropay, iDEAL, eps-transfer and Bancontact. For a binding order via the MATS Platform, the user must select the “Pay” button after specifying the payment method or payment service.
4.5 During the order process and before submitting the order, the User can adjust his details at any time and use the “back” and “continue” buttons to go to the respective previous or subsequent section of the order process. By clicking on the button, on which the price for the requested service is displayed, , the User will be redirected to the respective payment system (Google Pay, Apple Pay, Stripe), but can cancel the ordering process at any time until the binding order and return to the previous buttons. In the case of Stripe, the user can click on the arrow in the upper left corner to be redirected back to the MATS Platform or close the tab/browser. In case of Google Pay and Apple Pay, he can simply close the Google Pay and Apple Pay display respectively by clicking on the “X” icon. Before submitting his order, the User will again be given the opportunity to check and correct the information he provided during the ordering process in a confirmation window.
4.6 Furthermore, the application in the context of an order can only be submitted and transmitted if the user has accepted these GTC by clicking on the box next to “Accept GTC” and thereby included them in his application in the order. In doing so, the User must also indicate that he/she has read and understood the data protection information of the MATS App or the MATS Platforms by clicking a box next to “Data protection information acknowledged“.
4.7 After receipt of the application or the order, the Provider shall send the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print ” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded by the submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, the contract text (consisting of the order, GTC and order confirmation) is sent to the Customer by the Provider on a durable medium (e-mail or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection.
4.8 The contract shall be concluded in German and English at the user’s option.
4.9 Through the MATS App and MATS Platform, users can communicate and exchange information with each other. In addition, users as athletes have the opportunity via the MATS App and MATS Platform to obtain services for sports consulting services from users who operate a User profile as trainers/coaches. The Provider is not involved in the legal relationship between the coach/trainer and the athlete as a representative, nor does the Provider become a contractual partner in the event of such a contract being concluded between the coach/trainer and the athlete. The customer also undertakes to regulate any paid sports consulting services coach/trainer and athlete separately, independently and outside the MATS App and MATS Platform.
§ 5 Premium Subscription
5.1 If the User has purchased a Premium Subscription for his User profile, he can use extended functions, in particular the User receives additional statistics and evaluation options, e.g. the possibility of an activity comparison for his training sessions, is not subject to any time or quantity restrictions when planning his training sessions in the calendar in the MATS App or MATS Platform when setting appointments, can display his availability for any events planned by users, plan events himself and view weather forecasts for his location via the MATS App. Users with Premium Subscription also receive price discounts on the purchase of performance diagnostics. For an overview of the additional Premium Subscription features, visit https://mats.coach/en/athletes/ .
5.2 If the User has selected the button “Trainer” instead of “Athlete” when registering a User profile (hereinafter: “Trainer Profile“), he shall receive additional functions via the Premium Subscription. In particular, he can upload training plans for other users and offer them via the Provider via the MATS App or MATS Platform against payment of a fee. Further details are set out in § 8 of these GTC. An overview of the additional functions of the Premium Subscription for Trainer Profiles can be found at https://mats.coach/en/coaches/ .
5.3 The Monthly Premium Subscription is concluded for an indefinite period. A Monthly Premium Subscription can be terminated by the Parties at with a notice period of one month . An Annual Premium Subscription is concluded for a minimum term of one year. Such a Premium Subscription can be terminated within a period of one month to the end of the term. If the Annual Premium Subscription is not terminated or not terminated in due time, it shall be extended for an indefinite period, but may be terminated at any time within one month with one month’s notice.
5.4 The right of the Parties to terminate a Monthly or Annual Premium Subscription for good cause and without observing a notice period in accordance with Section 314 para. 1 of the German Civil Code (BGB) shall remain unaffected.
5.5 The notice of termination must be made at least in text form. The Customer can use the provider’s contact data under § 2 of these GTC for this purpose. The Customer also has the option of submitting the notice of termination via his user profile under “More” and there via the “Subscription” button – provided he has concluded the subscription via the MATS Platform. If the User has concluded the Premium Subscription via Google Play or the Apple App Store, he has the option of managing his Premium Subscription in the corresponding App Store. The Customer can also declare a termination declaration via a termination button on the MATS website; the Customer can access this via the following link: https://mats.coach/cancel-subscription/ .
§ 6 Services and service provision
6.1 After purchase, the user can view training plans and performance diagnostics in his User profile under “More functions” in the “Libraries” category and download them to his own storage media as long as he has a User profile on the MATS App or MATS Platform.
§ 7 Prices and payment methods
7.1 The price for the purchase of a service via the MATS App or MATS Platform is based on the information provided at the time of the order. All prices stated in the MATS App or on the MATS Platform are inclusive of the applicable statutory VAT.
7.2 The price is due immediately, i.e. immediately upon conclusion of the contract, and payable without deduction. In the case of a Premium Subscription, payment is made on a monthly basis. The first payment is due upon conclusion of the contract. Subsequent payments for the following calendar months shall be due on the day in the month whose number corresponds to the day on which the contract was concluded. If the relevant day is missing in a month, the payment shall be due at the end of the last day of the month.
7.4 The Customer shall be in default if he culpably fails to pay the amounts/partial amounts invoiced by the Provider no later than their due date. If the due date for payment is determined by the calendar, the customer shall already be in default by missing the date. During the period of default, we shall be entitled to charge default interest for the year at a rate of 5 percentage points above the prime rate. The customer’s obligation to pay default interest shall not preclude our assertion of further claims for damages caused by default.
§ 8 Offering training plans via Trainer Profile
8.1 Users can offer training plans for sale to users via a Trainer Profile as defined in section 5.2 with a Premium Subscription via the MATS App or MATS Platform. In addition to the Trainer Profile, the User also needs an account with the payment service provider Stripe (see section 4.4 of these GTC). He must create this account via the MATS App by selecting the “Stripe” button via “More” under “Company“. The current terms of use of Stripe can be found at this link: https://stripe.com/at/legal/consumer .
8.2 The sale to other Users shall be carried out by the Provider in its own name. In the event of a sale, the User of the Trainer Profile shall receive a share of the purchase price amounting to 70 percent of the net sales price. The Provider receives the remaining amount as commission.
8.3 A contract between the User of the Trainer Profile and the Provider is concluded as follows:
8.4 The contract shall be concluded in German and English at the option of the User.
8.5 Payment to the User of the Trainer Profile is made no later than 3 days after the sale of a training plan by the Provider. The User can track the circumstance and time of the sale within his account with the payment service provider Stripe. The Provider transfers the corresponding payment amount to the User’s account with the payment service provider Stripe. It is the User’s responsibility to maintain the account in accordance with the terms of use of Stripe (see section 8.1 of these GTC) in such a way that a corresponding payment can also be made by Stripe from the Provider to the User.
8.6 The User may only offer training plans that comply with those medical and sports science standards and findings that are known to the User at the time the offer is made or that should have been known to the User with regard to an existing or former profession in the sports and/or medical field and/or on the basis of the User’s own previous non-professional activity as a trainer or athlete. Notwithstanding the foregoing, the training plan must be of such a nature that, from the point of view of an averagely informed and reasonable third party without any particular prior or specialized knowledge in the medical or athletic field, compliance with the training plan does not lead to permanent health impairments for a physically healthy athlete/athlete that go beyond the actual training load. In particular, the User may not make or recommend prohibited substances and methods, e.g. for performance enhancement, the subject of the training plan.
§ 9 Warranty, guarantee
9.1 The statutory provisions shall apply, in particular §§ 434 et seq. German Civil Code (BGB) and §§ 327 ff. BGB.
9.2 Furthermore, the Provider does not make any representations or warranties with respect to its services.
§ 10 Liability and limitations of liability
10.1 The Provider is 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 enables the proper execution of the contract in the first place and on whose compliance you regularly rely. In this case, however, the Provider shall only be liable for the foreseeable damage typical for the contract. The Provider is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.2 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.
10.3 Insofar as the liability of the provider is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 11 Disclaimer
11.1 The Provider is not liable for the accuracy and completeness of the information/data provided to the Provider 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 aids, smart devices or training devices.
11.2 Furthermore, the Provider is not responsible for data, offers and content of third parties and those offered on other websites that can be accessed via the MATS App and MATS Platform.
11.3 In addition, the Provider provides the MATS App and MATS Platform and all features without warranty as to fitness for a particular purpose. The Customer is solely responsible for the design of his training, his competitions and his entire behaviour.
11.4 The provision of the MATS App and MATS Platform and their contents do not constitute a medical service or medical advice. The Customer must consult a doctor – before or during the use of the provider’s services – as soon as there is any suspicion that the use of the content provided by us could lead to damage to health.
§ 12 Privacy
12.1 Information on the handling of personal data of Users and Customers on the MATS App and MATS Platform and in the context of the provision of services by the Provider can be found in the provider’s Privacy Policy at the following URL address: https://mats.coach/en/privacy-policy-app/ .
§ 13 Intellectual property and rights of use
13.1 The Provider is the owner of all rights to the MATS App and MATS Platform, in particular to the programming and data contained in the provider’s services. The same applies to the design and layout of the MATS App and MATS Platform and all design drawings and other drawings, product and service designations in this context. Trademarks, protected 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.
13.2 The User acquires a simple and non-transferable right of use to the content/features accessed on the MATS App and MATS Platform. The right of use entitles the User to download the content and services of the Provider to his end device and to use them. It is limited in time to the period of use agreed for the respective content. In particular, the right to use content ends with the termination of the use of the MATS App and MATS Platform and/or deletion of the user profile or with the termination of subscriptions with the end of the subscription. Upon deletion of the User profile by the Customer, all content and recordings posted by the Customer shall also be deleted by the Provider. In this case, the Customer also loses the right to access content and services already purchased by the Customer via the MATS App and MATS Platform.
§ 14 Right of withdrawal and Instructions on withdrawal
14.1 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:
Instructions on withdrawal
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (MATS GmbH, Max-Ernst-Straße 4 in 50354 Hürth, telephone number: 0176 81119190, e-mail address: support@mats.coach) by means of a precise notification (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawal
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the day on which we received the notification of your withdrawal of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no circumstances will you be charged for this refund.
If you have 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 time you notify us of the exercise of the right of withdrawal with regard to this contract compared 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 execution of the contract is to begin before the end of the withdrawal period, you hereby acknowledge and agree that your right of withdrawal shall expire.
– End of the Instructions on withdrawal-
14.2 The Provider informs about the model withdrawal form according to the legal regulations as follows:
Withdrawal form
| If you want to cancel the contract, please fill out this form and send it back. To MATS GmbH Max-Ernst-Strasse 4 50354 Hürth Phone number: 0176 81119190 E-mail address: support@mats.coach I/We (*) hereby withdraw the contract concluded by me/us (*) For the purchase of the following goods (*)/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 in case of notification on paper) _________________ Date (*) Delete as applicable |
§ 15 Final provisions
15.1 Contracts between the Provider and the User under these GTC 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).
15.2 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.
15.3 Should individual provisions in these GTC 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.
15.4 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.