top of page

TERMS OF USE & GTC

 

Sports Athletic Terms of Use

​​​

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING SPORTS ATHLETIC.

​​

General remark

These Terms of Use constitute a legally binding agreement between you and Sports Athletic with regard to the use of Sports Athletic.

Our terms of use may change. We may update these Terms of Use from time to time. If significant changes are made, we will notify you of the changes by email no later than two weeks before the new version of the Terms of Use is planned to come into force. If you do not object to the validity of the new terms of use within a period of two weeks after we have informed you and you continue to use Sports Athletic, the new terms of use are deemed to have been accepted. In the event of an objection, we expressly reserve our ordinary rights of termination. We will also separately point out your right to object, the deadline for this and the legal consequences of your silence or an objection.

Privacy Policy. Our data protection provisions describe the collection and use of personal information by Sports Athletic and apply to your use of Sports Athletic.

 

 

1.   BASIC RULES

 

1.1      Authorization to use

You are only entitled to use Sports Athletic if you are already 18 years of age and have full legal capacity, or at least 16 years old and have your parents' consent to open a user account and use Sports Athletic.

1.2     Registration rules

  • Be honest:  When registering, provide accurate and up-to-date information.

  • Be yourself:  Register in person, do not create Sports Athletic accounts for others, or transfer user accounts.

  • Be sure:  Keep your username, password and other login information safe and do not allow anyone else to use your account.

  • Be Responsible:  Notify Sports Athletic immediately of any unauthorized use of your Sports Athletic account. You are responsible for all actions taken on your Sports Athletic account, with or without your permission. To the extent permitted by law, Sports Athletic is not responsible for any damage or actions resulting from the unauthorized use of your account.

 

1.3      Health requirements

The prerequisites for using Sports Athletic are fitness for sports and a good general state of health. If you are aware of any pre-existing conditions, we strongly recommend that you seek medical advice before you start using Sports Athletic. This is especially true if you are aware of one or more of the following diseases / complaints / interventions:

  • Cardiovascular diseases

  • Lung or respiratory diseases (including asthma)

  • Spine and / or joint problems

  • neuromuscular diseases

  • operative interventions

  • other health restrictions


For our female athletes, the training we offer should not be used by pregnant or breastfeeding mothers.

In general: pay attention to your body's signals. If you have any doubts about your health (e.g. because you experience pain, general malaise, shortness of breath, nausea, or dizziness) before or during the first use of Sports Athletic, consult your doctor before starting or continuing with Sports Athletic.

 

2.      OWNERSHIP OF CONTENT

 

With the exception of user content (defined below), all content is on our platform - including texts, software, scripts, codes, designs, graphics, photos, sounds, music, videos, applications, interactive functions, articles, news, drawings, animations, Stickers, artwork and other content (“Content”) - owned by Sports Athletic or other persons / companies that have licensed us and is protected by copyright, trademark, patent and other laws. Sports Athletic also reserves all rights not expressly set out in these Terms of Use.

 

3.      PUBLISH CONTENT ON OUR SOCIAL MEDIA CHANNELS AND OUR WEBSITES

 

3.1      License for user content

Sports Athletic is not responsible for photos, videos, comments and other content ("User Content") posted by others.

When you publish User Content, you grant Sports Athletic a license as follows:

  • You guarantee that you have the right to publish your user content and that you are authorized to grant us the rights described below. You grant Sports Athletic a simple, temporally and spatially unlimited, sub-licensable, free right of use, all user content that you publish on or in connection with Sports Athletic, including all images of people who appear in the user content and all concepts or ideas that contained in the user content for all purposes, including commercial purposes. This includes the right to translate, make publicly available, reproduce, modify, produce derivative works, sub-license, distribute and assign these rights. Sports Athletic may remove User Content at any time in its sole discretion.

  • If people are shown in the user content published by you, you guarantee that these people have consented to the publication of the corresponding user content and the above-described granting of rights to us.

  • You are aware that deleted user content may still remain in Sports Athletic's systems. This does not apply if you or the person concerned request the deletion or blocking of personal data in accordance with applicable law. Your user content can also still be visible if your user content has been published and - especially if it has been publicly posted and shared with others - the others have not deleted the content.

3.2      License to use comments, feedback and ideas

You are aware that comments, feedback and ideas that you send us are made available on a non-confidential basis and that you give Sports Athletic a simple, temporally and spatially unlimited right of use, all comments, every feedback and all ideas that you share with us, without notice, to use remuneration and copyright for all purposes, including but not limited to the further development, manufacture and marketing of products and services and the development, modification or improvement of products and services.

 

 

4th      RULES OF CONDUCT FOR USERS  

 

We look forward to your contribution to the Sports Athletic community. Here are a few basic rules:

  • Be individual
    Only post user content on Sports Athletic if you have all the necessary permissions and rights to make this user content publicly available, including all consents of people who are depicted or mentioned in the user content. 

  • Be sure
    Refrain from actions that could cause damage to Sports Athletic or its users, including actions that interrupt, damage, deactivate, manipulate, overload or limit the functionality of the platform.

    • Do not post user content that contains computer viruses, programs or other computer code and do not circumvent or modify any software or security technology of the platform.

    • Do not use data mining, robots, scraping technology or other similar methods to collect data.

    • Unless otherwise stated, our platform is a public place. Only post personal information if you are sure that you and the other person (s) want to make it available to the public. Above all, be careful not to publish any personal information about others unless you have the person's consent

  • Be personal
    • Do not post any advertising, promotional or business content on the platform and do not accept payment from third parties for doing business on the platform.
    • Do not collect or request personal information from other platform users and do not send unsolicited messages.
    • Do not use automated technologies to interact with the platform.

 

  • Behave appropriately
    Respect the community and do not post user content or links and generally refrain from actions that are illegal, misleading, fraudulent, offensive, inaccurate, discriminatory or in any other way offensive or inappropriate or that violate applicable law. Sports Athletic has the right to check user content before it is published and to monitor or remove it. However, we do not have a corresponding obligation to do this.

 

  • Be yourself
    Do not pose as another person or company; this also applies to athletes or Sports Athletic employees.

 

 

5.      IMPORTANT DISCLAIMERS

 

5.1      Physical activities

Sports Athletic is used as described in point 1.3 above. shown at your own risk. It is extremely important that you stick to the rules outlined above!

Please also note that the services and information offered as part of Sports Athletic are neither medical nor medical advice. They are also not a substitute for a medical examination, diagnosis or treatment.

 

5.2      User interaction

Sports Athletic is not responsible for any damage caused by your interaction with other users. (Sports Athletic's liability for willful misconduct and gross negligence and our liability for damage to body and health remain unaffected.) Please behave responsibly and take appropriate precautions when interacting with people you do not know.

 

5.3      Limitation of Liability 

This section does not apply to users from Germany.

Sports Athletic and is not liable for direct, indirect or indirect damage or consequential damage, including, but not limited to, loss of profit or data, resulting from the use or inability to use the platform including the Sports Athletic app or the behavior of other users (online or offline) or user content or other actions in connection with the use of the platform. This applies even if Sports Athletic has been advised of the possibility of such damage occurring. You take full responsibility for your use of the platform yourself. Your claims in connection with damages that arise in connection with the use of the platform are limited to terminating the use of the platform. If Sports Athletic is made liable for damage or loss that is in any way related to your use of the platform, Sports Athletic is only liable up to a maximum of € 100.

 

 

6th      TERMINATION  

 

You are aware and agree that parts of your user content, in particular that which is displayed in public places, may remain publicly available even after you terminate your user account. This applies subject to your right to have your user content removed upon request in accordance with the applicable laws.

These Terms of Use will remain in effect even after your user account has been terminated or after you have stopped using Sports Athletic.

 

 

7th      LIMITATION OF LIABILITY  

 

Any liability of Sports Athletic as well as our employees and vicarious agents (the "released parties") is limited to cases of intent or gross negligence. In the event of slight negligence, the exempted parties are only liable if an essential obligation is violated, the violation of which endangers the achievement of the purpose of the contract or the fulfillment of which enables the proper execution of the contract in the first place and compliance with which is regularly relied on (cardinal obligation). In this case, the liability of the released parties is limited to damage that is foreseeable or typical. Liability under the Product Liability Act and for damage caused by injury to life, body and / or health remains unrestricted in any case.

 

 

8th.      APP STORES 

You acknowledge that this agreement exists exclusively between you and Sports Athletic and is not concluded with the app store from which you downloaded the Sports Athletic app (e.g. for iOS users the app store operated by Apple Inc. or for Android users the Google Play Store, which is operated by Google Inc.).   

 

 

9.      DISPUTES / OTHER PROVISIONS  

9.1      Regulations for Germany

The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. For you as a consumer, this choice of law only applies to the extent that you are deprived of any mandatory consumer protection regulations of the state in which you as a consumer have your habitual residence at the time of the conclusion of the contract.

Insofar as this does not restrict statutory consumer protection rights, the place of jurisdiction for all legal disputes, lawsuits and legal proceedings that arise directly or indirectly from or in connection with Sports Athletic is Munich.

All claims must be filed within two years of the claim arising.

 

9.2      Regulations for Austria

You agree that the Sports Athletic app, the associated online and social media presences, the terms of use and all legal disputes between you and Sports Athletic are subject to German law in all respects, without its governing law provisions or the UN Sales Convention (UN Convention on Contracts for the International Sale of Goods) apply.

Insofar as this is not prohibited and without this being intended to restrict statutory consumer protection rights, you declare that you agree that all legal disputes, lawsuits and legal proceedings that arise directly or indirectly from or in connection with Sports Athletic may only be dealt with by the competent courts in Munich, Germany.

All claims must be filed within three years of the claim arising.

9.3      Regulations for Switzerland

You agree that the Sports Athletic app, the associated online and social media presences, the terms of use and all legal disputes between you and Sports Athletic are subject to the substantive law of Switzerland in every respect, regardless of the international applicable law provisions and to the exclusion of the UN -Convention on Contracts for the International Sale of Goods.

You agree that all legal disputes arising directly or indirectly from or in connection with Sports Athletic and these Terms of Use will be decided exclusively by the competent courts of the City of Zurich, Switzerland.

All claims must be filed within two years of the claim arising.

 

 

10.  ELECTRONIC MESSAGES

 

You agree that all communications, agreements, notifications, or other communications that Sports Athletic sends you electronically will comply with the legal requirements for communications, including the written form requirement.  

 

 

11.  RIGHT OF ASSIGNMENT, NO WAIVER, SEVERABILITY CLAUSE

 

Sports Athletic can assign its rights and obligations under these Terms of Use to any third party at any time and without notifying you, unless notification is required by law. This does not affect your rights or obligations under these Terms of Use.

Any waiver by Sports Athletic to insist on or enforce compliance with these Terms of Use does not constitute a waiver of these Terms of Use or the rights of Sports Athletic. You should always assume that these Terms of Use apply.

Should individual provisions of these terms of use be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The ineffective provision is replaced by an effective provision that comes as close as possible to the meaning and purpose of the ineffective provision.

 

Thank you for reading. Have fun with Sports Athletic!

 

 

Sports Athletic GmbH
Lindenschmitstr. 18th
81371 Munich

Email: service@sports-athletic.com
Managing directors: Michaela Krist & Ingemar Pohl

 

 

 

 

 

General terms and conditions for the use of Sports Athletic

The use of Sports Athletic is only permitted for your personal training; Passing on, duplication or other use for other purposes is expressly prohibited.

 

General remark

The following General Terms and Conditions of Sports Athletic apply to consumers who have their regular residence in Germany, as well as to sports clubs based in Germany.

1 INTRODUCTION

We, the Sports Athletic GmbH, pursue a great vision: We want to improve the quality of life of athletes and promote sport by enabling every athlete in the world to do their sport as injury-free and as powerfully as possible. That's why every single one of the training plans that you get from us is made individually for you; And in the area of handball, we have also created a comprehensive training system for the handball-specific demands on your body. Sports Athletic demands and promotes prevention, strength, endurance and mobility through training and regeneration. We focus in particular on effectiveness and accompany you on your way from the start.

The following general terms and conditions define the legal framework for the use of Sports Athletic and the services we offer. Please read these general terms and conditions carefully.

2. SCOPE OF APPLICATION

2.1. Contractual partner and subject matter of the contract

These general terms and conditions form the basis for the license agreement between you and us, Sports Athletic GmbH, Lindenschmitstr. 18, 81371 Munich (hereinafter referred to as "us" or "we"). The subject of this contract is the paid use of the services offered by us under the name Sports Athletic via our website www.sports-athletic.com and via our software applications.

 

2.2. Requirement for participation

The prerequisite for opening a user account and using Sports Athletic is that you are already 18  Years and have full legal capacity, or at least 16 years old and have your parents' consent to open a user account and use Sports Athletic.

Sports Athletic is aimed exclusively at sports clubs and consumers. According to the legal definition, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. The use of Sports Athletic for commercial or other commercial purposes is only permitted with the prior express consent of Sports Athletic.

3. SPORTS ATHLETIC SERVICES AND PRICES

Please inform yourself on the website www.sports-athletic.com about the current price and subscription models. All prices quoted include the applicable sales tax.

 

4. YOUR HEALTH

4.1. Health requirements

Sports Athletic is used at your own risk.

The prerequisites for using Sports Athletic are fitness for sports and a good general state of health. If you are aware of any pre-existing conditions, we strongly recommend that you seek medical advice before you start using Sports Athletic. This is especially true if you are aware of one or more of the following diseases / complaints / interventions:
 

  • Cardiovascular diseases

  • Lung or respiratory diseases (including asthma)

  • Spine and / or joint problems

  • neuromuscular diseases

  • operative interventions

  • other health restrictions


For our female athletes, the training we offer should not be used by pregnant or breastfeeding mothers.

In general: pay attention to your body's signals. If you have any doubts about your health (e.g. because you experience pain, general malaise, shortness of breath, nausea, or dizziness) before or during the first use of Sports Athletic, consult your doctor before starting or continuing with Sports Athletic.

 

4.2. No substitute for medical advice

The services and information offered as part of Sports Athletic are neither medical nor medical advice. They are also not a substitute for a medical examination or treatment.

5. WARRANTY FOR DEFECTS

The statutory provisions apply to claims due to poor performance. Your rights as a consumer remain unaffected in any case.

6. LIABILITY

6.1. Generally

You MUST adhere to the instructions provided to you by Sports Athletic (e.g. for performing the exercises and training), as otherwise there may be increased risk of injury and / or health risks.

If you use aids or devices for the exercises and training, it is your responsibility to ensure that these aids and / or devices function properly and have been installed or set up.

You are obliged to observe our health information in section 4.

Without prejudice to the warranty for defects in accordance with Section 5 of these General Terms and Conditions, we have unlimited liability

•       in the event of intent or gross negligence,

•       for injury to life, limb or health,

•       according to the provisions of the Product Liability Act and

•       to the extent of a guarantee we have assumed.

In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), our liability is limited to the amount of damage that is foreseeable and typical for the type of business in question.

There is no further liability on our part.

6.2. Liability of our employees

To the extent that our liability is excluded or limited, the exclusion or limitation also applies in favor of our employees and agents.

​​

7. RIGHTS TO USE DPORST ATHLETIC CONTENT

 

The services we offer contain copyrighted or otherwise protected content to which we are entitled to the corresponding rights. We grant you a simple and non-transferable right to this content to use it in a non-commercial form within the framework of the contractual provisions. For the sake of clarity, we would like to point out that, in particular, you are not permitted to distribute or make our content publicly available, e.g. on websites outside of the Sports Athletic website. The right to use it expires if you are no longer activated for the respective service (e.g. after canceling your subscription) or when the user relationship ends.

 

 

8. PRIVACY POLICY

 

We process your personal data in accordance with our data protection regulations, which you can access in their current version at www.sports-athletic.com/datenschutz.

 

 

9. ONLINE DISPUTE RESOLUTION

 

The EU Commission provides a platform for out-of-court online dispute resolution, which you can access under the following link:

www.ec.europa.eu/consumers/odr

We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. Our email address is: service@sports-athletic.com

 

 

10. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS

 

We reserve the right to change and adapt these general terms and conditions with effect for the future if this is necessary due to changed legal, regulatory or technical framework conditions and the changes are reasonable in good faith, taking your interests into account. We will notify you of the changes by email no later than two weeks before the new version of the General Terms and Conditions is due to come into force. If you do not object to the validity of the new general terms and conditions within a period of two weeks after we have informed you and you continue to use Sports Athletic, the new general terms and conditions are deemed to have been accepted. In the event of an objection, we expressly reserve our ordinary rights of termination. We will also separately point out your right to object, the deadline for this and the legal consequences of your silence or an objection.

 

 

11. FINAL PROVISIONS

11.1. Applicable Law

German law applies exclusively between the parties to the exclusion of the UN Sales Convention (CISG).

11.2. Place of jurisdiction

The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. For you as a consumer, this choice of law only applies to the extent that you are deprived of any mandatory consumer protection regulations of the state in which you as a consumer have your habitual residence at the time of the conclusion of the contract.

11.3. Contract language

The contract language is German.

11.4. Severability clause

Should individual provisions of these general terms and conditions be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The ineffective provision is replaced by an effective provision that comes as close as possible to the meaning and purpose of the ineffective provision.

12. PROVIDER INFORMATION

 

Sports Athletic GmbH
Lindenschmitstr. 18th
81371 Munich

Email: service@sports-athletic.com
Managing directors: Michaela Krist & Ingemar Pohl

bottom of page