enduco Terms of Use

The user of these terms of use is enduco GbR (André Siegl, Philipp Staudt, Gerrit Schelter, Benedict Strube, Lennard Schäfer and Lorenz Nicolay; hereinafter referred to as “service provider”), with headquarters in Campus Geb. A1.1, Saarland University, 66123 Saarbrücken, Germany.

E-Mail: hello@enduco.app

I. Subject matter of the contract, changes

§ 1 Subject of the Terms of Use 

(1) enduco GbR provides a platform on enduco.app and in addition an app for mobile devices (hereinafter referred to as “enduco platform” and “enduco apps”, collectively referred to as “enduco services”), via which the duly registered participants can create an individual season- and training plan. The participants can create individual personal profiles, retrieve, upload and share content available on the platform and use the other free and paid services currently available on the platform within the scope of their respective availability. Further information on the services can be found at www.enduco.app/services.

(2) These Terms of Use govern the provision of the Services by the Service Provider and the use of these Services by you as a duly registered subscriber.

§ 2 Amendments to the Terms of Use 

(1) The service provider reserves the right to change these terms of use at any time with effectiveness also within the existing contractual relationships. The Service Provider will notify you of such changes at least 30 calendar days prior to the planned effective date of the changes. If you do not object within 30 days of receipt of the notification and continue to use the services even after the objection period has expired, the changes shall be deemed to have been agreed effective from the end of the period. In the event of your objection, the contract will be continued under the previous conditions. In the notification of change, the service provider will inform you of your right to object and of the consequences. 

(2) In the event of changes to the value added tax, the service provider is entitled to adjust the remuneration for your access in line with this change without the aforementioned right of objection.

II. registration for participation,

Handling of access data, termination of participation

§ 3 Authorization to register 

(1) The use of the services available on the platform requires your registration as a participant. There is no entitlement to participation. The service provider is entitled to reject participation requests without giving reasons. 

(2) Registration is only permitted if you are of legal age and have unlimited legal capacity. Minors are not allowed to register. In the case of a legal entity, the registration must be made by a natural person with unlimited legal capacity and power of representation.

§ 4 Your registration on the platform 

(1) Registration on the platform is free of charge for you. After the registration you get the possibility to use the free enduco basic offer. Details can be found at www.enduco.app/services.

Please note: If you wish to make use of the enduco platform as a chargeable offer and this is for a purpose that cannot be attributed to your commercial or self-employed professional activity, you are entitled to a statutory right of revocation. You can find more information on the right of revocation and the revocation instructions at www.enduco.app/services. 

(2) The contact details and other information requested by the service provider during the registration process must be provided by you completely and correctly. When registering a legal entity, the natural person authorized to represent must also be specified. 

(3) After you have provided all the requested data, the service provider will check it for completeness and plausibility. If the information is correct from the service provider’s point of view and there are no other concerns from the service provider’s point of view, the service provider activates your requested access and notifies you of this by e-mail. The e-mail shall be deemed acceptance of your request to participate. Upon receipt of the e-mail, you are entitled to use the platform within the scope of these Terms of Use. To do this, you must confirm your activation in advance by clicking on the link contained in the e-mail.

§ 5 Responsibility for access data 

(1) During the registration process, you will be asked to provide a username and password. You can use this data to log on to the platform after you have activated your access and confirmed your access in accordance with § 4 (3). It is your responsibility to ensure that the user name does not infringe the rights of third parties, in particular name or trademark rights, and does not offend common decency. 

(2) The access data including the password shall be kept secret by you and shall not be made accessible to unauthorised third parties. 

(3) It is also your responsibility to ensure that your access to the Platform and use of the services available on the Platform is exclusively by you or by persons authorised by you. If it is to be feared that unauthorised third parties have gained or will gain knowledge of your access data, the service provider must be informed immediately.

You are liable for any use and/or other activity carried out under your access data in accordance with the statutory provisions.

§ 6 Updating the Participant Data

You are obliged to keep your data (including your contact details) up to date. If there is a change in the data provided during your participation, you must immediately correct the data in your personal settings on the platform. If you are unable to do so, please inform us of your changed data immediately by e-mail or letter.

§ 7 Termination of Participation 

(1) You can cancel the enduco contract at any time by unsubscribing from the platform.

(2) With the effective date of the termination the contractual relationship ends and you may no longer use your access. The service provider reserves the right to block the user name and password when the termination takes effect.

(3) The service provider is entitled to irretrievably delete all data created within the scope of your participation at the end of 30 calendar days after the termination becomes effective and after any statutory retention periods have expired.

III. Services and Contents on the Platform

§ 8 Range of Services and Availability of Services 

(1) The service provider provides you with various functionalities on the platform. For details, please refer to the following overview www.enduco.app/services.

The content and scope of the services are determined by the respective contractual agreements, otherwise by the respective functionalities currently available on the platform.

On the platform, both free and chargeable services are available to you. Chargeable services are marked as such in each case. Regulations on their use can be found in § 12.

(2) The services available on the platform may also include third-party services to which the service provider merely provides access. For the use of such services – which are marked as services of third parties in each case – regulations deviating from or additional to these terms of use may apply, to which the service provider will draw your attention in each case.

(3) A claim to the use of the services available on the platform exists only within the framework of the technical and operational possibilities of the service provider. The Service Provider shall endeavour to ensure that its services can be used as uninterruptedly as possible. However, temporary restrictions or interruptions may occur due to technical faults (e.g. interruption of the power supply, hardware and software faults, technical problems in the data lines).

§ 9 Changes to Services 

(1) The service provider is entitled at any time to change services provided free of charge on the platform, to make new services available free of charge or free of charge and to discontinue the provision of free services. The service provider will take your legitimate interests into consideration.

(2) In the event of a change to paid services, § 2 shall apply mutatis mutandis.

§ 10 Protection of Contents, Responsibility for Contents of Third Parties 

 (1) The contents available on the platform are predominantly protected by copyright or other protective rights and are the property of the service provider or other third parties who have made the respective contents available. The compilation of the contents as such may be protected as a database or database work (Art. 4 paragraph 2, art. 87a paragraph 1 UrhG). You may only use these contents in accordance with these Terms of Use and within the framework specified on the platform.

(2) The content available on the Platform is partly provided by the Service Provider and partly by other third parties. Contents of other third parties are hereinafter referred to as “third party contents“. The Service Provider does not check third-party content for completeness, correctness and legality and therefore assumes no responsibility or warranty for the completeness, correctness, legality and up-to-dateness of the third-party content. This also applies with regard to the quality of third-party content and its suitability for a specific purpose, and also insofar as third-party content on linked external websites is concerned.

All contents on the platform are contents of the service provider, with the exception of those contents which are marked with a copyright notice of the third party provider.

IV. Use of Services on the Platform by You

§ 11 Scope of permitted Use, Monitoring of the Usage Activities 

(1) Your right of use is limited to access to the platform and use of the services available on the platform within the framework of the provisions of these Terms of Use.

(2) You are responsible for creating the necessary technical prerequisites in your area of responsibility for the contractual use of the services. The service provider does not owe you any advice in this regard.

§ 12 Use of Chargeable Services 

(1) The service provider shall offer both free and chargeable services on the platform. You will always be expressly informed of the applicable prices prior to use on the platform.

Please note: By clicking on the corresponding button, you make a binding declaration that you wish to make use of the respective service. The service provider will be the contractual partner in each case. By doing so, you bindingly accept the offer to provide the chargeable service and a further contractual relationship is created. The present Terms of Use shall also apply to this contractual relationship, as well as any other conditions about which the service provider will inform you before using the service.

If you do not wish to make use of the chargeable service, you can return to the free services by clicking on the corresponding button or the “return” button on your browser.

(2) All fees stated include the applicable statutory value-added tax.

(3) The fee for the chargeable services used by you will be charged to your credit card as specified during registration or before using the service. You can call up the invoice for the chargeable services used in your personal area.

(4) You may only offset undisputed or legally established counterclaims if the counterclaim is not based on the same contractual relationship. You can only assert a right of retention if it is based on the same contractual relationship.

§ 13 Creation of User Profiles

Insofar as functionality is available on the platform, you can individually design your user profile according to your ideas within the framework of these Terms of Use. Please note the restrictions of § 15.

§ 14 Right to use Content available on the Platform 

(1) Insofar as further use is not expressly permitted in these Terms of Use or on the Platform or made possible on the Platform by appropriate functionality (e.g. download button),

– you may access and display the content available on the platform online exclusively for personal purposes. This right of use is limited to the duration of your contractual participation in the Platform;

– you are prohibited from editing, modifying, translating, presenting or demonstrating, publishing, exhibiting, duplicating or disseminating the content available on the Platform in whole or in part. It is also prohibited to remove or change copyright notices, logos and other marks or protective notices.

(2) You are only entitled to download content (“Download”) and print out content if there is a possibility to download or print it on the platform as functionality (e.g. by means of a download button).

You are granted an unlimited and non-exclusive right to use the duly downloaded or printed content for your own non-commercial purposes. As far as content is concerned which is made available to you against payment within the framework of the basic membership, a further prerequisite for this granting of rights is the complete payment of the respective content. Otherwise, all rights to the contents remain with the original copyright holder (the service provider or the respective third party).

(3) Your mandatory legal rights (including the duplication for private and other own use according to Art. 53 UrhG) remain unaffected.

§ 15 Prohibited activities 

(1) The services available on the platform are exclusively intended for non-commercial use by the participants. Any use for or in connection with commercial purposes is prohibited unless such use has been expressly permitted by the Service Provider in advance in writing. Unauthorized commercial use includes in particular

– all offers and applications for remunerated content, services and/or products, both your own and those of third parties,

– all offers, applications, and conduct of activities with a commercial background such as contests, sweepstakes, barter, advertisements, or pyramid schemes; and

– any electronic or other collection of members’ identity and/or contact information (including email addresses) (e.g., for sending unsolicited emails). 

(2) You are prohibited from any activities on or in connection with the Platform that violate applicable law, violate the rights of third parties or violate the principles of the protection of minors. In particular, the following actions are prohibited:

– the posting, distribution, offering and advertising of pornographic content, services and/or products that violate laws for the protection of minors, data protection laws and/or other laws and/or fraudulent content, services and/or products;

– the use of content that offends or defames other participants or third parties;

– the use, provision and distribution of content, services and/or products that are protected by law or encumbered with the rights of third parties (e.g. copyrights) without expressly being entitled to do so. 

(3) You are also prohibited from performing any actions that could impair the smooth operation of the platform, in particular from placing an excessive load on the systems of the service provider.

(4) Should you become aware of any illegal, abusive, contract-breaching or otherwise unauthorized use of the platform, please contact compliance@enduco.app and send us an appropriate screen shot of the process. The service provider will then check the process and, if necessary, take appropriate steps.

(5) If there is a suspicion of illegal or punishable actions, the service provider is entitled and, if necessary, obliged to check your activities and, if necessary, to take appropriate legal steps. This can also include the forwarding of a fact to the public prosecutor’s office.

§ 16 Blocking of accesses 

(1) The Service Provider may temporarily or permanently block your access to the Platform if there are concrete indications that you have violated or have violated these Terms of Use and/or applicable law, or if the Service Provider has any other justified interest in the blocking. The Service Provider will take your legitimate interests into account when deciding whether to block the Service.

(2) In the event of temporary or permanent blocking, the service provider will block your access authorization and notify you of this by e-mail.

(3) In the event of a temporary blocking, the service provider reactivates the access authorization at the end of the blocking period and notifies you of this by e-mail. A permanently blocked access authorization cannot be restored. Persons permanently blocked are permanently excluded from participation in the platform and may not re-register on the platform.

V. Processing of your personal data

§ 17 Data protection 

(1) The quality requirements of the service provider include the responsible handling of the personal data of the subscribers (this data is hereinafter referred to as “personal data“). The personal data resulting from your registration on the platform as well as from the use of the available services will therefore only be collected, stored and processed by the service provider insofar as this is necessary for the contractual provision of services and permitted by statutory provisions or ordered by law. The service provider will treat your personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass it on to third parties.

(2) In addition, the service provider will only use your personal data if you have expressly consented to this. You can revoke your consent at any time.

VI. Limitation of Liability

§ 18 Limitation of Liability for gratuitous Services

Should you suffer any damage as a result of the use of services provided free of charge on the platform (including the retrieval of free content), the service provider shall only be liable to the extent that your damage has arisen as a result of the contractual use of the free content and/or services, and only in the event of intent (including fraudulent intent) and gross negligence on the part of the service provider.

§ 19 Limitation of liability for chargeable services

In the context of the use of chargeable services (including the retrieval of chargeable content) by you, the service provider is liable in accordance with the following provisions:

(1) The service provider has unlimited liability for damages caused intentionally or through gross negligence by the service provider or its legal representatives, executives or simple vicarious agents.

(2) In cases of slightly negligent violation of only insignificant contractual obligations, the service provider is not liable. Furthermore, the liability of the service provider for damages caused by slight negligence is limited to those damages which must typically be expected to occur within the scope of the respective contractual relationship (contract-typically foreseeable damages). This also applies to slightly negligent breaches of duty by legal representatives, executives or simple vicarious agents of the service provider.

(3) The above limitation of liability does not apply in the case of fraudulent intent, in the case of bodily injury or personal injury, for the violation of guarantees and for claims arising from product liability.

VII. Other Provisions

§ 20 Requirement of written Form

Unless expressly stated otherwise in these Terms of Use, all declarations made in connection with participation in the Platform must be made in writing or by e-mail. The e-mail address of the service provider is hello@enduco.app. The postal address of the service provider is:

Campus Building A1.1

Saarland University, Starter Centre

66123 Saarbrücken, Germany

Contact details are subject to change without notice. In the event of such a change, the service provider will inform you accordingly.

§ 21 Severability Clause

Should any provision of these Terms of Use be or become invalid, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes closest in economic terms to the provision intended by the parties.

§ 22 Applicable Law

These Terms of Use shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG).

§ 23 Place of jurisdiction

The exclusive place of jurisdiction for all disputes arising from these Terms of Use shall be the registered office of the Service Provider, to the extent that such a place of jurisdiction agreement is admissible.

Status: 12.06.2019