General Terms and Conditions for the Products and Services offered by Runtastic

Introduction

1. runtastic GmbH (“Runtastic”) operates an interactive online platform and mobile apps aiming to connect, and create new opportunities for, people who are, or want to become, sports- and health-conscious.
2. The online platform is currently at a beta-stage, i.e., certain functions do not work properly at the current time and there exists a higher probability for errors and problems to occur. Following completion of the beta-stage or a significant enhancement of the subject of the agreement (see point XII.1. Miscellaneous of these General Terms and Conditions), subject to the user’s consent, amended general terms and conditions will enter into force.
3. In order to be able to use the complete spectrum of Runtastic’s products and services, a one-time registration shall be required (see point IV. Registration of these General Terms and Conditions).
4. Certain content (e.g., information regarding sports, health or nutrition), including general descriptions of Runtastic are for viewing without registration
5. Runtastic’s goal is to make sports enjoyable and to make a positive contribution to people’s health.
6. Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. Runtastic neither substitute your doctor, nor is responsible for your behavior. The contents of the Runtastic sports portal (it doesn’t matter if provided by Runtastic, partners or users) aren’t a help or an alternative to the information of a doctor or a pharmacy. With the confirmation of these General Terms and Conditions, you confirm that you are solely responsible for your state of health.

Validity of the General Terms and Conditions

1. Runtastic offers the interactive online platform and mobile appson the basis of these General Terms and Conditions. By registering, the user consents to the validity of Runtastic’s General Terms and Conditions.
2. Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these General Terms and Conditions.
3. These General Terms and Conditions shall apply to all points of access ([sub-]domains, mobile access) regarding Runtastic’s offering of products and services. In particular, the Runtastic online offering will be accessible via the following domains:
   runtastic.com, runtastic.at, runtastic.de, runtastic.eu, runtastic.co.uk
4. These General Terms and Conditions shall be valid until cancelled in the currently valid version as of 29 Нояб., 2012. Runtastic reserves the right to amend these General Terms and Conditions at any time. Following such amendment, the continued use of Runtastic's offering by any registered user is subject to such user's consent to such amended terms and conditions. At any time, the then-current version of the General Terms and Conditions is available for viewing on the Runtastic website.
5. Solely the German version of these General Terms and conditions is binding.

Subject of the Agreement

Currently, Runtastic essentially offers its users the following applications and information in several languages:

1. Internet platform (label: Runtastic Sportportal)
   1. Personal profile page (label: my profile), including personal details
   2. Sports diary, including a clear overview of sports activities
   3. Statistics, analysis and comparisons concerning your sports activities
   4. Messaging system, in order to exchange personal messages
   5. Events: Here, events added by users and/or Runtastic will be presented and administered, respectively
   6. Routes: Here, routes added by users and/or Runtastic will be presented and administered, respectively
   7. News: News regarding Runtastic will be presented on this page (short form)
   8. Mobile Fitness & Health Apps
   9. Shop: In this category Runtastic displays and links to some external shops, which provide sports and fitness products. Runtastic act as agent and not as vendor. Therefore special shop terms and conditions are defined, and are not part of these General Terms and Conditions.
   10. Content (texts, pictures, videos) regarding sports, health and nutrition will be presented by Runtastic and professional third parties (sports coaches, trainers, ...)
   11. Status messages
   12. Blog: Presentation of company information, products and news in long form
   13. Other content:
       1. About us: Short description of Runtastic
       2. Company offerings: Offers of Runtastic addressed to companies
       3. Partners: Presentation of partners and supporters of Runtastic
       4. Advertising by Runtastic and/or third parties
       5. Feedback feature for users
       6. General Terms and Conditions
2. Mobile applications (label: Runtastic Mobile)
   1. Runtastic offers applications (Applications) for Apple iPhones as well as, in the future, other smartphones on a global scale.
   2. These applications can be used both isolated on the smartphone as well as in connection with the Runtastic sports portal.
   3. Subject to the user's consent, relevant data is transmitted from the smartphone to the Runtastic sports portal and shared with other social networks (e.g., Facebook), respectively.
   4. The user hereby confirms its knowledge that as a result of the transmission of data from the smartphone to the Runtastic sports portal, certain costs of the mobile carrier will be incurred that have to be borne by the user.
   5. Limitation: The service is only available to users of smartphones. Only the basic functionality of the application is available for free. Additional terms and conditions on the part of the mobile phone-providers apply.
3. Other services of Runtastic
   1. Newsletter: Runtastic will send newsletter to registered users. A user allows Runtastic with admission to these terms and conditions to send newsletters. The user can opt-out of receiving a newsletter in every edition. After opting out the user won't get newsletters from Runtastic anymore.
   2. Software and hardware development (provided by Runtastic and third parties)

Registration

1. In order to be able to use the online portal of Runtastic, a one-time, free registration is required. Runtastic offer registered users two options:
   1. "Free Membership", where only basic options (features) are available for the users and
   2. a paid "GOLD Membership" with all options (features). Details about the applicable fees for the GOLD Membership are set forth on http://www.runtastic.com/en/premium-membership. The fees listed under "Benefits" are binding. Payments for the entire term of GOLD Membership shall be due immediately upon invoicing. Payment can be made using the available online payment systems. If Runtastic is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. Runtastic may deliver invoices and payment reminders to the User by email.
2. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with Runtastic. Minors may only register with Runtastic subject to the explicit consent of their parents or legal guardians. A written consent shall be sent by email to register@runtastic.com.
3. By registering, the user confirms its knowledge and the unlimited recognition of the content of these General Terms and Conditions.
4. Each user shall register with Runtastic only once and confirms with its registration that it has not registered with Runtastic before and has not deleted a previously activated user account.
5. In principle, two ways of registration exist:
   1. Registration by use of the registration form
   2. Adoption of registration details from the social network Facebook via Facebook Connect
   3. ad 5.1) The registration with Runtastic begins with a registration form. The user shall provide the details requested on such forms (e.g., first name, last name, date of birth) completely and correctly, unless such details are marked as voluntary. The registration is only possible by use of the civil name (hence no phantasy names or pseudonyms).
   4. ad 5.2) Registration via Facebook Connet requires the confirmation that the selected details, which the user has already confirmed on Facebook, shall be adopted by the Runtastic network. The user can subsequently add to or reduce such details in its own profile.
6. Following successful registration, the user can log in to Runtastic by either (i) entering its user name or email address as well as the chosen password or (ii) causing the log-in via Facebook connect.
7. If the registration has not been completed (e.g., as a result of missing personal details or the lack of consent to these General Terms and Conditions), Runtastic will delete the (partially) activated user account within a period of seven days.
8. Runtastic reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
9. Runtastic is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users (e.g., adding as a friend, writing messages). In this connection, the user shall observe the recommendations regarding the sharing of personal details.

Right of cancellation for consumers

1. If you as a User are registered at Runtastic for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer in the sense of § 1 I Nr.2 of the KSchG (Austrian Consumer Protection Law):
   1. Right of withdrawal from contract:
      You may cancel your contractual agreement with Runtastic in writing (e.g., by letter, fax or email) within 7 (seven) working days without stating a reason. The seven working day period begins for contracts, that cover the supply of goods on the date of receipt by the consumer and for contracts for the provision of services with the date of contract. The contract can be canceled by sending timely notification to:
      
      runtastic GmbH
      Pluskaufstraße 7, 4061 Pasching
      Austria
      Fax: +43 7229 23327
      Email: office@runtastic.com
   2. Consequences of cancellation:
      In the event of a valid contract termination, services and fees provided by both parties are to be returned, and any economic advantages gained (e.g., interest) are to be repaid. If you are not able to return the services rendered fully or in part, or only in a lesser form, you are obligated to reimburse us for the value lost. This can mean that you are required to fulfill the contractual payment obligations for the time period until cancellation. Obligations to reimburse costs must be fulfilled within 30 days. This period begins for you when you send your contract termination, for us when we receive it.
2. Additional information
   The User's right of cancellation lapses before the end of the right of cancellation period if the contract has been completely fulfilled to the satisfaction of both parties before the User exercises his or her right of cancellation.

Termination and Cancellation

1. Each user shall have the right to terminate the use of Runtastic's online platform at any time via its account settings („My Profile“). Such termination shall be confirmed once.
2. The GOLD-membership initially only remains valid for the minimum use period purchased by the user. Following that, the user may voluntarily extend the GOLD-membership through explicit confirmation. Each of the user and Runtastic may terminate the GOLD-membership without any reasons upon 14 days' notice effective at the end of (i) the minimum use period specified during the registration process or (ii) the respective renewal period. Any termination may be declared by fax or letter sent to Runtastic or by fax, letter or email sent to the respective user, respectively. For purposes of termination, the user must specify its user name and email address, as registered with Runtastic. Following termination of the GOLD-membership, the user may keep its free membership, subject to the terms and conditions specified herein.
3. Additionally, Runtastic reserves the right to cancel a membership for important reasons (e.g., gross breaches of user obligations – see point VII. Sanctions and Consequences Upon Breach of User Obligations of these General Terms and conditions).
4. As a result of the termination of use or cancellation, all personal details (user account), provided by the user upon registration, shall be deactivated. Any details made public by the user (e.g., routes, notes on other users' walls) will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation.
5. In the event of termination of the use of the Runtastic platform, upon request of the user, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to delete.account@runtastic.com, which shall include the email address provided to Runtastic.

User Obligations and Conduct

1. The user of the Runtastic platform shall be required,
   1. to truthfully provide, and keep current, its registration details (see. point IV Registration of these General Terms and Conditions), and not to pass on such details to third parties.
   2. to only save, publish, transmit and distribute such content (photos, pictures, text, representations, videos, ...), if the user is authorized to pass on such content, i.e., if the user has the exclusive right to use such content or, if the user is not the owner of such rights with respect to content provided by it, the user guarantees to Runtastic that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trade marks. The user shall be exclusively responsible for such content.
   3. In particular, it shall not be permitted to save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal.
   4. not to send chain letters or messages to more than one recipient at one time (mass emails or spam).
   5. not to carry out any disrupting interferences in the Runtastic network by use of technical or electronic aids, in particular hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Runtastic's software or hardware.
   6. not to copy, distribute, transmit or collect by use of technical aids (e.g., crawlers or bots) accessible details without the consent of the respective owner.
2. The user of the Runtastic platform shall
   1. provide prompt notice via email to abuse@runtastic.com of any detected breaches of the aforementioned obligations.
   2. diligently care for the personal details and only allow such persons access to its own details that are close to the user.
   3. regularly save important personal details externally (storage medium, hard drive, clouds). Runtastic shall not be responsible for any lost or impaired details (see point X. Representations and Warranties, Limitation of Liability of these General Terms and Conditions).

Sanctions and Consequences Upon Breach of User Obligations

1. In order to ensure the proper and reliable provision of services, Runtastic shall undertake or cause the undertaking of the following sanctions and consequences upon breach obligations by a user.
2. The type of sanction shall depend on the purpose, impact and type of the breach in light of Runtastic's and the user's interests. The following sanctions shall be possible:
   1. Warning
   2. Deletion of content
   3. Temporary deactivation of user account
   4. Cancellation (irrevocable deactivation)
3. In the event a user account shall be cancelled, the respective user shall not be permitted to register again with the Runtastic.

Content Created by Users and Rights to such Content

1. Runtastic permits its registered users to use the offered portfolio of products and services in accordance with statutory law and these General Terms and Conditions, in order to upload, save, publish, distribute, transmit and share content with other users.
2. The user consents that as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.
3. The user consents that marketing measures may also be taken in the proximity of created content, which are marketed by Runtastic.
4. Runtastic shall have the right to save content or disclose such content to third parties, to the extent this is required by law or reasonably necessary and legally permissible, in order to
   1. comply with statutory law, or court or administrative orders;
   2. ensure compliance with these General Terms and Conditions;
   3. react to claims of breaches of law raised by third parties; or
   4. safeguard the rights, property or personal safety of Runtastic, its users and the general public.
5. The user grants Runtastic the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Runtastic shall have the right to use, irrespective of the type of usage, all content both as part of the Runtastic platform and any other activity of Runtastic or any company affiliated with Runtastic. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Runtastic uses content created by a user outside the Runtastic platform, Runtastic shall note that such content was created by the user.
6. Runtastic does not claim ownership of any content created by users and will not supervise such content.
7. Runtastic reserves the right to delete content created by users, such as routes, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these General Terms and Conditions, may be sanctioned accordingly (see point VII. Sanctions and Consequences upon Breach of User Obligations of these General Terms and Conditions).
8. Runtastic shall not be responsible for inaccurate content created by users (e.g., details regarding routes or events, ...).

Privacy Policy

Please see the separate Privacy Policy available on www.runtastic.com/en/privacy-policy.

Representations and Warranties, Limitation of Liability

1. Representations and Warranties
   1. Runtastic does not represent or warrant that the online portable will be available at all times, completely and free from errors or that the necessary hardware and software work without errors.
   2. Runtastic does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties
   3. The user uses the Runtastic offering exclusively at its own risk. This applies, without limitation, to
      1. the related use of any hardware, including, but not limited to, (i) the respective smartphone (e.g., in the course of using the feature "measuring pulse", by pressing the photo light for a prolonged period, the user's finger may heat up), (ii) chest straps, and (iii) smartphone dongles;
      2. downloading of the user's own and third party content;
      3. any use by the user of data created or provided by Runtastic, including, but not limited to (i) measured pulse or altitude details, or (ii) recommendations for actions (e.g., workout plans etc.). The user explicitly acknowledges that any such data or content may contain errors, and Runtastic does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
   4. The use of any software or hardware offered by Runtastic is no substitute for the consultation by the user of a specialized doctor.
   5. Additionally, Runtastic does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be placed for the user. Any contractual arrangements entered into between the user and a third party provider (e.g., via linked websites or banners) result in a contractual relationship between such user and the third party provider only. Runtastic does not make any representations or warranties with respect to products or services of third party providers.
2. Liability
   1. Runtastic shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if Runtastic has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Runtastic shall not be liable to other businesses and shall be liable to consumers only for personal damages Runtastic shall not be liable to businesses for follow-on damages , mere pecuniary losses, lost profits or damages resulting from claims of third parties.
   2. Unless required by statutory law, neither Runtastic nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online portalor mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.

Indemnification by Users

1. The user indemnifies Runtastic for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the Runtastic network by such user or other usage by such user of applications available via the Runtastic network. The user shall bear the costs of any legal proceedings in which Runtastic may be involved in connection with such claims, including all court costs and attorneys fees to the extent permitted by law, unless the user did not culpably cause such infringement.
2. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Runtastic all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Runtastic may be entitled to bring against the user shall not be affected.

Miscellaneous

1. Changes to the General Terms and Conditions
   1. Changes to these General Terms and Conditions, other than changes to point III. Subject of the Agreement of these General Terms and Conditions and II. 4. Validity of the General Terms and Conditions require the consent of the user. In the event that the user does not consent to the changed General Terms and Conditions, it shall not be permitted to any further use of the Runtastic platform.
   2. Any changes to these General Terms and Conditions must be in writing. No ancillary oral arrangements exist.
   3. In the event that individual provisions of these General Terms and Conditions shall be or become invalid, all other terms and conditions shall remain in full force and effect.
2. Governing Law and Jurisdiction
   1. These General Terms and Conditions and all contractual relations and litigation between the users and Runtastic shall be subject to Austrian law only, subject only to the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.
   2. Place of delivery and exclusive court of jurisdiction shall be Linz, Austria