General Terms, Conditions and Privacy Policy for "Das Trainingslager" App (as at: 11.04.2024)

Subject matter of the contract and scope

"Das Trainingslager" App is an offer by Raphael Jesse, Das Trainingslager, Karl-Liebknecht-Str. 9, 10178 Berlin and is hereinafter referred to as DTB or DTB App.

1. Scope

These General Terms and Conditions (GTC) govern the use of the DTB app provided by DTB by its users. Users are persons who are authorized to use the DTB app on the basis of a user agreement concluded with DTB. The offer of the DTB app is intended for private use only and is aimed exclusively at consumers. By registering in the DTB app and checking the "GTC" checkbox, the user accepts these GTC. DTB does not recognize any deviating GTC used by the user and objects to them. Deviating individual agreements on the use of the DTB app require confirmation by DTB in text form to be effective.

2. Amendment of the GTC

DTB reserves the right to amend these GTC at any time, even after conclusion of the contract, insofar as this is reasonable for the user in the event of changes in the law, changes in case law or changes in the economic circumstances of DTB or in consideration of other interests of DTB. New versions of the GTC shall become part of the contract if DTB expressly notifies the user of them, makes the new version available to the user, highlighting the changes, and the user agrees to the new version of the GTC within one month. The user will again be informed of this deadline and the consequences of fruitless expiration of the deadline when the new version of the GTC is issued.

3. Inclusion notice

In the interest of better readability, gender-related formulations are not used in the text of these Terms of Use. Insofar as the text only uses the masculine form, this also always refers to female users.

4. Retrievability of the Terms of Use

These GTC can be retrieved at any time in the DTB app at . It is also possible to download, save and print the GTC.

2. Offer of DTB

2.1 Scope of services of the DTB app

In the DTB app, DTB provides the user with athletic exercises and workouts of different training levels together with explanations in video, photo and text for independent execution at any place and at any time. This content is to be obtained exclusively via the DTB app. The user has no claim to delivery of the content on other media or data carriers, nor to their transmission by mail, fax, etc.

3. Conclusion of contract, prices and payment

3.1 Conclusion of contract

The DTB-APP can be ordered via the app stores "Google Play" or "iTunes". The conclusion of the usage contract for the DTB app is governed by the general terms and conditions of the respective app store provider. As a rule, the usage contract is concluded at the moment when the user clicks on the Install button in the respective store.

3.2 Prices, sales tax, internet connection charges,

The use of the DTB app is subject to a fee for the user. The amount of the usage fee depends on the type and content of the subscription selected in each case (flexible or classic use of the DTB app). If a total payment has been agreed for a specific period, this is due at the beginning of the period. Otherwise, agreed usage fees are due immediately. All prices stated in the order form include the statutory value added tax applicable at the time of conclusion of the contract. The installation and use of the DTB app requires data transmission to the user's mobile device. The scope and frequency of data transmission depend, among other things, on the type and scope of use of the DTB app. Any connection, telecommunication and Internet costs incurred in this regard shall be governed by the contract existing between the user and his Internet access provider and shall be borne by the user himself.

3.3 Payment

The user can purchase the DTB app subscription exclusively via his account in the app store. With regard to these payment transactions, the general terms and conditions of the respective app store apply. With regard to the correction of any input errors during payment, the user can contact his app store.

4. Cancellation policy

Users residing in Germany and in the territory of the European Union have a statutory right of withdrawal. Other users residing outside this area may have a legal right of withdrawal and can inform themselves about this in the terms of use of the respective app store provider. If the User has a statutory right of withdrawal, DTB will inform the User below how to exercise this right and what the consequences of his withdrawal are:

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform Raphael Jesse, Das Trainingslager, Karl-Liebknecht-Str. 9, 10178 Berlin, phone number: +4915124111885, e-mail address: info@dastrainingslager.de by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
To

Raphael Jesse, Das Trainingslager, Karl-Liebknecht-Str. 9, 10178 Berlin,
Telefonnummer: +4915124111885, E-Mail-Adresse: info@dastrainingslager.de

I/we (*) hereby revoke 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 consumer(s) (only in case of paper communication)
- Date
__________
(*) Delete as applicable

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you revoke this contract, DTB shall return to you all payments that DTB has received from you without undue delay and no later than 14 days from the day on which DTB received the notification of your revocation. For the repayment, DTB will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will DTB charge any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you shall pay DTB an appropriate amount corresponding to the proportion of the services already provided up to the point in time at which you notify DTB 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.

5. Rights and duties of the user

5.1 Rights of use of the user

By downloading and installing the DTB App, DTB grants the User a personal, nonexclusive and non-transferable license only to use the DTB App on his mobile device in accordance with these GTC. The user may use the DTB app exclusively for private, noncommercial use.

5.2 Registration and creation of a user account

In order to use the DTB app, the user must register. For this purpose, the user must fill in the fields marked as mandatory in the registration mask. The user assures that the information he/she provides there is true and that he/she can be reached by DTB under the contact data provided. The user may not provide data of third parties. The user must keep his contact data up to date. The information entered during registration can be changed or updated at any time in the personal area. If the user has not yet reached the age of 18, he/she requires the permission of his/her parents or legal guardians to register in the DTB app and to use it. Parents or legal guardians who have agreed to these terms of use and allow the underage user to use the DTB offer are responsible for the actions of the minor within the DTB app and its use - insofar as this is permissible under applicable law.

5.3 Access data

After successful registration, the user receives an access password, which he can then change at any time. The password must be kept secret and may not be passed on to third parties. Any misuse of the user's login data that becomes known to the user must be reported to DTB immediately. In this case, the user must change his login data immediately. The user is liable for all damages incurred by DTB or persons and companies acting on its behalf as a result of third parties gaining access to the DTB offer using his password. This liability shall only cease if the user proves that neither he nor his vicarious agents are responsible for the disclosure of the password.

5.4 User Data

Das Trainingslager app collects data for account creation securely stored in our databases. This including First Name, Last name, Email, Phone number, Hashed password.
Data are used to enable login feature since all workouts data are available after login.

5.5 Health and training success

The content offered in the DTB app is intended to promote the health, fitness and wellbeing of the user. Nevertheless, the use of the DTB app is at the user's own risk. He/she selects the content (e.g. exercises, instructions, training levels, etc.) on his/her own responsibility and decides for himself/herself whether these can be mastered by him/her in a way that is not harmful to health. DTB encourages the user to perform the exercises offered in the DTB app precisely and carefully and to increase the physical load only appropriately when performing the exercises. The user must comply with the exercise instructions provided in the DTB app without fail, otherwise there is a risk of injury and/or health risks. When using aids or equipment, the user is solely responsible for ensuring that he/she installs or sets up these aids and/or equipment properly and that they are in working order. DTB neither guarantees the correctness of the execution of the offered exercises nor that certain training successes can be achieved through the DTB app. The services offered in the DTB app are not medical advice and do not replace a medical examination, diagnosis or treatment. DTB recommends that users undergo a medical examination before implementing any sports, nutrition or health-related advice from the DTB app. This applies in particular to pregnant women, nursing mothers, persons with physical or health restrictions or allergies. DTB also does not guarantee that the content offered in the DTB app corresponds to the current state of research.

6. Technical requirements for the use of the DTB app

The contractual use of the DTB app depends on the hardware and software used by the user (mobile device, tablet, operating system, etc.) meeting the minimum technical requirements for the use of the software version currently offered. The minimum technical requirements are listed in the product description in the app store. DTB may further develop the DTB App at any time as well as expand and change its functionality and issue updates, but is not contractually obligated to do so. Any updates will be displayed to the user in the DTB app or via the functionalities of the respective app store. In the event of changes to the system requirements, DTB shall not assume any obligation to provide the User with a permanently functional application for his end device if the operability of his end device is restricted by further technical developments. Neither DTB nor the providers commissioned by DTB can guarantee that the DTB app will always be available without errors. In particular, DTB cannot be held liable for impairments or limitations whose cause lies outside DTB's sphere of influence (e.g. actions of third parties not acting on behalf of DTB; technical conditions of the Internet beyond DTB's control; defects in the user's hardware or software; force majeure). DTB is entitled to temporarily suspend or restrict the DTB App, taking into account the interests of the User, if this is necessary to carry out maintenance work or for other technical reasons. During the maintenance work, the services of the DTB app may not be available or may only be available to a limited extent.

7. Contract terms and termination

7.1 Contract term

The contract is concluded for the duration of the respective agreed initial term. After expiration of the initial term, the respective contract is automatically extended for an indefinite period.

7.2 Cancellation

Flexible DTB app usage has an initial contract term of one month. The classic DTB app usage has an initial term of 6 months or 12 months. Both the flexible and the classic DTB app subscription can be terminated for the first time by giving 24 hours' notice at the end of the initial term without giving reasons. After the initial term has expired, the usage contract can be terminated at any time without giving reasons. The user must cancel the DTB app subscription purchased via an app store in the settings of its respective store. Insofar as the app store collects the subscription fee, the cancellation period specified there (usually 24 hours) must be observed. After cancellation of the DTB subscription, the user account remains in existence as long as the user does not also cancel it. To delete the DTB user account in the DTB app, the user must proceed as follows: in the "Menu", the user must click on "Remove account". He will then be prompted to enter his password. Then the button "Delete account" appears with the choice "Confirm" and "Cancel". As soon as the user has clicked the "Confirm" button, his user account is deleted. All data and content entered by the user will then be irretrievably deleted. The user no longer has access to content that has already been purchased. The DTB app is then still on the user's device, but can no longer be used. To remove the DTB app from the device, the user must follow the device manufacturer's instructions. If a subscription to the DTB app is still running at the time of termination or account deletion, any amount already paid by the user for this will not be refunded - not even on a pro rata basis. In addition, the contract may be terminated by either party for cause without notice. For DTB, good cause shall be deemed to exist in particular if the user has passed on his access data to third parties without permission or has proven misuse of the DTB app in any other way.

8. Liability

DTB shall be liable, irrespective of the legal grounds, for damages due to intent and gross negligence or the absence of a guaranteed characteristic, in principle without limitation. Insofar as DTB breaches an essential contractual obligation due to slight negligence, DTB's liability shall be limited to the typical, foreseeable damage. Essential in this sense is any obligation that is necessary for the fulfillment of contractual purposes and on the fulfillment of which the user as a consumer could have relied (so-called cardinal obligations). DTB's liability for injury to the User's life, body or health for which DTB is responsible shall remain unaffected by the aforementioned limitations. In cases other than those mentioned above and without prejudice to the following paragraph, DTB's liability is excluded regardless of the legal grounds. The above limitations of liability apply accordingly to all organs, legal representatives, employees and vicarious agents of DTB. They do not cause any change in the legal burden of proof.

9. Data protection

Information about which data of the user is processed in which way in connection with his or her use of the DTB app is provided by DTB in the data protection information, which can be accessed at: www.dtb.../datenschutz.de

10. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS) under the link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage . DTB is neither obligated nor willing to participate in the dispute resolution procedure.

11. Final provisions

11.1 Severability clause

The invalidity or ineffectiveness of individual provisions of these GTC shall not affect the validity of the remaining provisions. The same applies in the event that the contract contains a loophole or individual provisions are not feasible. In place of the invalid or unenforceable provisions or to fill the loophole, a provision shall be made which, as far as legally possible, comes as close as possible to what the parties intended or would have intended in accordance with the meaning and purpose of the contract if they had considered the point when concluding this contract or when subsequently including the provision.

11. 2 Application of German law

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with users within the European Union, the law of the user's place of residence may also be applicable, provided that mandatory consumer law provisions are involved. This shall not affect the assertion of tort claims or the possible applicability of mandatory consumer protection provisions under the law of the country in which the user is domiciled or habitually resident.

11.3 Place of jurisdiction

If the User is a consumer domiciled in the EU, the User may bring an action against DTB in accordance with the statutory rules of jurisdiction. Otherwise, the place of jurisdiction shall be DTB's registered office, insofar as this is legally permissible. In the event that the user moves his residence or habitual abode abroad after conclusion of the user agreement and his residence is unknown, the registeared office of DTB is agreed as the place of jurisdiction.

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German Version PDF