Terms of use

The user of these Terms of Use is endurance coach GmbH HRB 265960 B (hereinafter referred to as "enduco"), with registered office at Warschauer Platz 11/12, 10245 Berlin.

Email: hello@enduco.app

§ 1 Subject of the Terms of Use

(1) These Terms of Use govern the use of the enduco App, which is provided by enduco GmbH. They apply regardless of whether the use is free of charge or subject to a fee. By installing the enduco App, users agree to the validity of these Terms of Use.

(2) Through the enduco App, properly registered users can have an individual season and training plan created. Users can create individual personal profiles, access, post, and share content available in the enduco App, and use the other currently available free and paid features within the scope of their respective availability. More information about the features can be found at www.enduco.app.

(3) In the relationship between enduco and the users, only these terms in their version valid at the time of use or at the time of purchase apply. Deviating or conflicting conditions of the users are not recognized unless enduco has expressly agreed to them.

(4) These terms apply equally to consumers and entrepreneurs. The terms "consumer" and "entrepreneur" are understood in accordance with the legal definitions in §§ 13, 14 BGB. Users are therefore "consumers" insofar as the use or purchase of the enduco App cannot be predominantly attributed to their commercial or independent professional activity. On the other hand, an "entrepreneur" is understood to be any natural or legal person or partnership with legal capacity who, when using the enduco App or concluding the contract, is acting in the exercise of their commercial or independent professional activity. If certain clauses apply only to consumers or entrepreneurs, this will be separately and expressly indicated.

§ 2 Download of the enduco App, Booking of Paid Features

(1) The enduco App can be used both free of charge and for a fee. When purely installing via an app store operator, e.g., via Google Play or the Apple App Store (hereinafter "distribution platform"), the app is always free of charge.

(2) If users want to use the paid features of the enduco App, they must conclude an additional contract in the app for the use of these features. This contract is generally concluded with the operator of the respective distribution platform (e.g., Google or Apple) and not with enduco. For the use of the paid features of the enduco App, the terms and conditions of the respective distribution platform apply.

Please note: By clicking on the corresponding button, users bindingly declare that they want to use the respective paid feature. The contractual partner in this case is always the operator of the distribution platform. By doing so, users bindingly accept the offer for the provision of the paid feature, and an additional contractual relationship is established.

If users decide not to use the paid features before concluding the paid subscription, they return to the free features by clicking on the corresponding button or the "back" button of their app. If a contract for the paid features has already been concluded, the cancellation conditions of the respective distribution platform apply.

(3) As a rule, when concluding a paid contract, users are initially provided with a free trial period of 14 days for the paid features. This trial period can usually only be used once by users, even if they conclude multiple paid subscription models with the respective distribution platform. Otherwise, reference is made to the contractual terms of the respective distribution platform.

(4) With the "Invite Friends" feature, existing users can invite friends to use the app by sending a code. The invited friend receives a discount or other benefit, which may vary, upon accepting the invitation and booking a paid subscription in the app. Once the invitee has accepted the invitation and the first payment for a paid subscription has been received, they are considered successfully invited. Inviting users receive updates on the status of invited friends. The inviting user receives one ticket for each successfully invited friend within a month. With each generated ticket, users receive a chance to win in the current enduco sweepstakes. Activated tickets can be reactivated for the following month if users receive a new ticket in the following month due to a successfully invited friend.

§ 3 Health Requirements for Using the enduco App

(1) The use of the training offers in the enduco App is at your own risk.

(2) A prerequisite for using the enduco App is a good general state of health. If users are aware of pre-existing conditions or injuries, medical advice must be sought before using the suggested training. This applies particularly to cardiovascular diseases, spinal and/or joint problems, or other health restrictions that affect athletic performance.

(3) If in doubt about their state of health, users are obliged to consult a doctor and seek medical advice to determine their individual health suitability for the proposed training offers based on a personal medical examination.

§ 4 Registration and Registration Eligibility

(1) The use of the services available in the enduco App requires your registration as a user. There is no entitlement to participation. enduco is entitled to reject applications for participation without giving reasons.

(2) Registration is only permitted if you are of legal age and have unlimited legal capacity. Registration is prohibited for minors. For a legal entity, registration must be carried out by a natural person with unlimited legal capacity and authority to represent.

(3) Registration in the enduco App is free of charge. After registration, users receive the opportunity to use the free enduco basic offer.

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

§ 5 Responsibility for Access Data

(1) During the registration process, users are asked to provide an email address and a password. It is the responsibility of the users to ensure that the email address does not violate third-party rights, in particular no name or trademark rights, and does not violate public policy.

(2) The access data, including the password, must be kept secret by the users and not made accessible to unauthorized third parties.

(3) It is further the responsibility of the users to ensure that access to the enduco App is exclusively by the users themselves or by persons authorized by them. If there is reason to fear that unauthorized third parties have obtained or will obtain knowledge of the access data, enduco must be informed immediately.

Users are liable for any use and/or other activity carried out under their access data in accordance with legal provisions.

(4) Users ****are obliged to keep their data (including contact details) up to date. If there is a change in the data provided during their participation, they must immediately correct the information in the enduco App in their personal settings. If users are unable to do this, the changed data must be communicated to enduco immediately by email.

§ 6 Service Offer and Availability of Services

(1) enduco provides you with various functionalities in the enduco App. For details, please refer to the enduco App and the website www.enduco.app.

The content and scope of the features are determined by the respective contractual agreements, otherwise according to the functionalities currently available in the enduco App.

In the enduco App, both free and paid features are available to users. Paid features are marked as such. Regulations for their use can be found in § 2.

(2) A claim to the use of the features available in the enduco App exists only within the framework of the technical and operational possibilities at enduco. enduco strives for the most uninterrupted usability of its features possible. However, temporary restrictions or interruptions may occur due to technical disturbances (such as interruption of power supply, hardware and software errors, technical problems in the data lines).

§ 7 Changes to Features

enduco is entitled at any time to change features provided in the app, in particular to improve them, to make new features available free of charge or for a fee, and to discontinue the provision of free features. In doing so, enduco will always take into account the legitimate interests of the users.

§ 8 Termination of Use of Paid Features

If users have concluded a paid contract with the respective distribution platform for the use of the paid features of the enduco App, the cancellation conditions are governed by the respective terms and conditions of the distribution platform through which the paid contract was concluded.

§ 9 Protection of Content, Responsibility for Third-Party Content

(1) The content available in the enduco App is predominantly protected by copyright or other protective rights and is owned by enduco or other third parties who have provided the respective content. The compilation of the content as such may be protected as a database or database work within the meaning of §§ 4 para. 2, 87a para. 1 UrhG. Users may use this content only in accordance with these Terms of Use and within the framework specified in the enduco App.

(2) The content available in the enduco App comes partly from enduco and partly from other third parties. Content from other third parties is hereinafter referred to as "Third-Party Content". enduco does not carry out any review of Third-Party Content for completeness, correctness, and legality and therefore assumes no responsibility or warranty for the completeness, correctness, legality, and timeliness of the Third-Party Content. This also applies with regard to the quality of the Third-Party Content and its suitability for a specific purpose, and also insofar as it concerns Third-Party Content on linked external websites.

All content in the app is content from enduco, except for that content which is marked with a copyright notice of the third-party provider.

§ 10 Scope of Permitted Use, Monitoring of Usage Activities

(1) The user's right of use is limited to access to the enduco App and the use of the services available in the enduco App within the framework of the regulations of these Terms of Use.

(2) Users themselves are responsible for creating the technical prerequisites necessary for the contractual use of the services within their area of responsibility. enduco does not owe them any advice in this regard.

§ 11 Prohibited Activities

(1) The features available in the enduco App are intended exclusively for non-commercial use by users. Any use for or in connection with commercial purposes is prohibited, unless such use has been expressly permitted by enduco in writing in advance. Unauthorized commercial use includes in particular

– all offers and advertisements of paid content, services and/or products, both own and those of third parties,

– all offers, advertisements, and implementations of activities with a commercial background such as competitions, raffles, barter transactions, advertisements or pyramid schemes, and

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

(2) Users are prohibited from any activities on or in connection with the enduco App that violate applicable law, infringe the rights of third parties or violate the principles of youth protection. In particular, the following actions are prohibited:

– posting, distributing, offering, and advertising pornographic content, services, and/or products that violate youth protection laws, data protection law and/or other laws and/or are fraudulent;

– using content that insults or defames other participants or third parties;

– using, providing, and distributing content, services, and/or products that are legally protected or encumbered with third-party rights (e.g., copyrights) without being expressly authorized to do so.

(3) It is also prohibited for you to take any action that is likely to impair the smooth operation of the enduco App, in particular to overload enduco's systems.

(4) Should users become aware of any illegal, abusive, contractually non-compliant or otherwise unauthorized use of the enduco App, please contact compliance@enduco.app and send enduco a corresponding screenshot of the incident. enduco will then examine the incident and take appropriate steps if necessary.

(5) In the event of suspicion of illegal or criminal actions, enduco is entitled and possibly also obliged to review these activities and to initiate appropriate legal steps if necessary. This may include forwarding a case to the public prosecutor's office.

§ 12 Blocking of Access

(1) enduco may temporarily or permanently block a user's access to the enduco App if there are concrete indications that the user has violated or is violating these Terms of Use and/or applicable law, or if enduco has any other legitimate interest in blocking. When deciding on a block, enduco will take due account of the legitimate interests of the users.

(2) In the event of temporary or permanent blocking, enduco blocks the access authorization and notifies the users of this by email.

(3) In the case of a temporary block, enduco reactivates the access authorization after the blocking period has expired and informs the users of this by email. A permanently blocked access authorization cannot be restored. Permanently blocked persons are permanently excluded from participating in the enduco App and may not re-register in the enduco App.

§ 13 Data Protection

(1) enduco will comply with the applicable data protection regulations, especially those valid in Germany, and will obligate its employees involved in the contract and its execution to maintain data secrecy, insofar as they are not already generally obligated accordingly.

(2) If enduco collects, processes, or uses personal data, it ensures that it is authorized to do so according to the applicable, especially data protection, regulations.

(3) enduco will only collect and use user-related data to the extent required for the execution of this contract. Users agree to the collection and use of such data to this extent.

(4) enduco is entitled to pass on the necessary data to third parties if it commissions them with the execution of work related to the user order.

(5) For further information, please refer to enduco's privacy policy.

§ 14 Withdrawal

(1) Consumers have a statutory right of withdrawal, which is explained below.

(2) The contract for the paid subscription is concluded with the providers Apple AppStore or Google PlayStore, not directly with enduco. Consumers have the option to cancel the paid subscription, but must do so directly through the respective providers. The execution of the withdrawal is governed by the withdrawal instructions of the respective providers, which are provided to consumers upon conclusion of the contract and confirmation of the subscription. For detailed information on the withdrawal procedure, consumers should consult the respective guidelines of the Apple AppStore or Google PlayStore.

(3) Users otherwise have the option to exercise their right to deletion of their personal data in accordance with Art. 17 GDPR.

§ 15 Warranty for Material Defects, Guarantee

(1) Insofar as the purchase contract is concluded between enduco and the user, enduco is liable for defects in the app according to the applicable statutory provisions, in particular according to the general regulations of §§ 434 ff. BGB. For entrepreneurs, the warranty period for the app provided by enduco is twelve months.

(2) enduco does not guarantee a consistently complete and error-free availability of the enduco App.

§ 16 Liability

(1) enduco's liability, that of its legal representatives and vicarious agents for breaches of duty and tort is limited to intent and gross negligence. In case of violation of essential, contract-endangering obligations (cardinal obligations), enduco, its legal representatives and vicarious agents are also liable for negligence. In any case, liability is limited to foreseeable, contract-typical damages.

(2) The exclusion or limitation of liability does not apply to liability for damages resulting from injury to life, body or health, as well as for damages resulting from product liability.

§ 17 Dispute Resolution

(1) The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.

(2) enduco is not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 18 Other Provisions

(1) German law applies exclusively, excluding the provisions of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Should a provision of these General Terms and Conditions be invalid, the contract shall remain valid in all other respects. The relevant statutory provisions shall apply in place of the invalid provision.

(3) There are no verbal or written side agreements.

(4) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and enduco is the registered office of enduco.