Terms & Conditions adiClub

    1. ELIGIBILITY
    2. JOINING THE CLUB
    3. EARNING POINTS
    4. EXPIRATION OF POINTS
    5. CLUB LEVELS
    6. LEVEL REQUALIFICATION
    7. REWARDS
    8. USE OF ACCOUNT
    9. TERMINATION; EXPIRATION; CHANGES TO THE CLUB
    10. PRIVACY
    11. DISCLAIMER AND LIMITATION OF LIABILITY
    12. GOVERNING LAW AND JURISDICTION
    13. DISPUTE RESOLUTION - ARBITRATION AGREEMENT, JURY TRIAL WAIVER AND CLASS ACTION WAIVER
    14. MISCELLANEOUS
    15. CONTACTING US

      Terms of Use

    1. VALITY OF THERSE TERMS
    2. PREREQUISITS FOR USE
    3. USER CONTENT
    4. USER OBLIGATIONS
    5. BREACH OF USER OBLIGATIONS
    6. EXCLUSION FROM THE SERVICES
    7. DISCLAIMER AND LIMITATION OF LIABILITY
    8. PROPRIATARY RIGHTS

    Terms & Conditions adiClub

    Welcome to adiClub (the “ Club ”), the Club includes a membership program and a subscription to the adidas running and training apps as further set out below. The Club is organised by adidas America, Inc., with offices located at 5055 N. Greeley Ave., Portland, OR 97218 (“ adidas ”, “ we ,” or “ us ”). When we refer to " you " or " your " we mean you, the person accessing these terms and conditions (the “ Terms ”). These Terms govern your participation in the Club and by participating in the Club, you agree to be bound by these Terms. By joining the Club you also agree to be bound by our eCom terms and conditions, accessible here (" eCom Terms and Conditions ").

    Please read these Terms carefully.

    The adiClub membership program may be considered a financial incentive under California law. Please see the Financial Incentive section in our California Privacy Notice for details.
    1. ELIGIBILITY
        To participate in the Club, you must be at least 13 years old and a legal resident of the United States of America. If you are at least 13, but less than 18 years old (or the age of majority in your location), you must also have the consent of your parent or guardian before enrolling in the Club and your parent or guardian must read and agree to these Terms. By enrolling and participating in the Club, you confirm that you meet these eligibility requirements.
        For a high-level summary of how to join the Club, how to earn points, available rewards and how to redeem the rewards, please visit here . You may also visit our FAQ section on the Club by clicking here . For more details, please keep reading below.
    2. JOINING THE CLUB
        If you meet the eligibility criteria above, you can join the Club by clicking the “join adiClub” link on the top right of our site and filling out the registration form, on the adidas mobile apps or in adidas retail stores. No purchase of any products is required to join the Club. Only one account is allowed per individual. If you join the Club, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form.
    3. EARNING POINTS
        As a member of the Club, you will earn points for purchases (except whilst using or purchasing gift cards) that you make on the US-version of our official website here (the " Website "), the US-version of our official mobile applications: the adidas App or the Confirmed App (together, the " App ") or in participating adidas retail stores in the United States of America, as set forth in Annex A to these Terms (the " Stores ") (together, the " Eligible Channels "). For every dollar spent you will earn 10 points.

        Purchases include purchases of regular and sale priced merchandise. Purchases at stores other than the Eligible Channels will not qualify for points (even if you purchase adidas products). If you return purchased items, the points earned by those items will be deducted from your point's total.

        In addition to earning points for purchases, you can also earn points for certain interactions with us. The number of points available will be as set out here . These include but are not limited to:
        • Welcome bonus: When you first successfully register as a member of the Club, we will automatically credit your account with points to thank you for joining.
        • Profile bonus: If you submit a complete profile on the App or Website then you will be awarded additional points. This profile bonus can only be earned once. Subsequent changes to your profile will not be awarded points, unless explicitly stated by us at that time.
        • Product reviews: You can earn points by posting a review of adidas products on the Website or App. You hereby consent to your product reviews being publicly viewable. You may only be awarded points for a maximum of 10 reviews per calendar year. For the avoidance of doubt, you are free to determine the content of your review provided that you comply with Customer Ratings and Reviews terms and conditions presented to you when submitting your review.
        • Birthday bonus: You may be eligible for bonus points on your birthday based on your level. This will be automatically credited to your membership account. Birthday bonus points will be awarded only once during a calendar year.

        From time to time, we, in our sole discretion, may change, discontinue, or add interactions where you can earn points and change the number of points earned, with or without prior notification to you.

        You must provide your adidas membership identification (email address or membership ID) in the Stores, or be logged into your adidas account on the Website or App to receive the eligible points for your purchases or interactions. In the event you are unable to receive eligible points due to not being logged in or your identification not being accepted as proof, you may contact the adidas customer services team by email at customerservice@shopadidas.com or by phone at 1-800-982-9337 with the required proof to redeem the points for your purchases or interactions.

        Existing adidas account holders can start earning points from the day they have been migrated to the Club. However, no prior transactions or interactions will be eligible for points. New members will start earning points from the date they register for the Club, however no prior transactions or interactions will be eligible for Points save that when you have provided your email address (for the purpose of being contacted in relation to Club membership) in our Stores whilst making a purchase and you subsequently join the Club, we shall award you the points for that purchase to your Club membership. Membership start dates for the Club may vary for members depending on their account type.
    4. EXPIRATION OF POINTS
        Club points will remain valid for 12 months. This period will always finish at the end of the month. If you earned points on June 9, 2019, they will expire on June 30, 2020, unless adidas explicitly states otherwise. Points cannot be transferred between members. Points have no cash value and cannot be exchanged for cash.
    5. CLUB LEVELS
        The Club has four separate levels. You can move up through the different levels by earning points.

        Level 1 is the entry-level for members with 0–999 points. You just need to register for the Club to be part of this level, and no purchase of any products is required.

        Level 2 is for members with 1,000–2,999 points.

        Level is 3 for members with 3,000–8,999 points.

        Level 4 is for members with 9,000 points or more.

        You can climb to the higher levels by accumulating the number of points mentioned above within 12 months of the end of the month of registration or current level entry (the “Membership Year”). At higher levels, you can access even greater benefits. If level upgrades are achieved by acquiring points through purchases of our products, we reserve the right to delay this upgrade for a period that is equal to the applicable return period for the purchased product(s).

        You must meet the requalification requirements at the end of your membership year in order to remain at your current level. If not, you will be downgraded to the level below. Returns can cause you to drop down multiple levels. For example, if you return an order or product, the points earned will be deducted, which could cause you to drop by that number of points.
    6. LEVEL REQUALIFICATION
        If you are in level 2, 3 or 4 and you do not earn enough points during the current requalification period, you will be downgraded to the next level down, regardless of the number of qualification points you have accumulated by this date.

        The requalification period starts on the date you reached a new level and ends 12 months later, always at the end of the month. The number of points you need in order to requalify for your current level is equal to the minimum point balance needed to enter that level.

        Points earned after your last level entry will count towards requalification points. The new requalification period will start on the exact date of that level upgrade and end 12 months later at the end of the month. After a level upgrade, your requalification points will be set to 0.

        If you do not earn enough points for your level during the requalification period, you will be downgraded. The downgrade will take place after the last day of the requalification period, which is always at the end of the month.

        If you are downgraded, your new requalification period will start on the exact date of your downgrade and end 12 months later at the end of the month, unless you upgrade during this period. After a level downgrade, your requalification points will be set to 0. If a member does not earn enough points for their level within the requalification period, they will be downgraded. The downgrade will take place after the last day of the requalification period, which is always at the end of the month.
    7. REWARDS
        Entry and progress through each of the above-mentioned levels will unlock a set of new rewards for members as set out here .

        You will have access to the rewards in your current level and the levels below them. For example, a level 3 member will have access to the rewards from level 3 as well as level 2and level 1 (except for the lower levels’ entry discount vouchers).

        Certain rewards will be conditional upon you agreeing to separate terms and conditions applicable to that reward which will be made available to you when redeeming that reward. In addition, the following terms and conditions apply to the following specific rewards:
        • Discount Vouchers: These are single use discount vouchers that are unlocked when you enter a new level. These will have limited validity periods and maximum discount values of which details will be communicated to you on receipt of the discount vouchers. Certain product exclusions may apply. These discount vouchers may not be combined with other promotions or discounts.
        • Early access to product launches: You will get early access to certain adidas product launches. These will exclude Hype product launches and is subject to pre-allocated stock availability for members.
        • Free subscription to the adidas running and adidas training apps: available from entry into the Club and subject to acceptance of any applicable terms of use.
        • Premium subscription to the adidas running and adidas training apps: You will get a subscription to Runtastic Premium for the term indicated for your level, subject to acceptance of any applicable premium membership terms. For the avoidance of doubt, the subscription may be revoked if when returning an order this results in a level downgrade.
        • Free personalisation: This reward entitles you to personalise your products from the Eligible Channels for free. This is capped to a maximum of 10 product personalisation requests per membership year.
        • Hype priority access: You will get priority access to Hype product launches. However, this does not guarantee that you will get the Hype product if you participate. This reward depends on the availability of Hype product launches.
        • Early access to sales: You may receive early access to certain sales that we make available. The duration of early access may vary between sales and could also depend on which level you are in at the time of the sale. Our standard terms and conditions for sales will also apply.

        Specific rewards (whether products or experiences) are available while supplies last and may be subject to change, discontinuance, limitations, and substitutions by us, at its discretion and at any time without notice.
    8. USE OF ACCOUNT
        You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. The Club is for your personal use only. You must not share your adidas membership identification and/or password or in any way make them accessible to others. You must immediately inform the adidas customer services team (details set out below in Clause 14) of any unauthorised use of your password or account or any other breach of security.

        You agree that you shall not:
        • access, use, reproduce, modify, download, sell, transfer, publish or otherwise make available your membership of the Club for any commercial purposes;
        • do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Club;
        • abuse your membership of the Club or use it for any unlawful or unauthorised purpose (which include transmitting any computer viruses through your account or using your account in a manner which is discriminatory, offensive, abusive, malicious, defamatory or other violates or infringes the rights of anyone else); and
        • transfer, sale or barter (or attempt to transfer, sale or barter) any of your rewards or member exclusive promotional offers.

    9. TERMINATION; EXPIRATION; CHANGES TO THE CLUB
        You may cancel your Club membership at any time by logging in to your account on the Website or App.

        We may cancel your Club membership at any time, if we determine that you (a) are ineligible in accordance with Clause 1 above, (b) have violated any of these Terms, any of the eCom Terms and Conditions, any applicable product terms of sale or any applicable law or regulation, or (c) engaged in any deception, forgery, fraud or committed any other abuse of the Club.

        We reserve the right to revoke some or all of your points or rewards if we determine that you received points or a reward due to an error, through fraud or deception, or in any manner not authorised.

        If you or we cancel your Club membership, you will lose all your accumulated points. If you cancel your membership, you may choose to rejoin the Club by registering on the Website or the App. When restarting your Club membership, your previously-earned points will not continue to your new Club membership.

        We may make minor changes to the Club and/or these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms, we add new rewards, add possibilities to earn points, modify Club functionalities or modify the technical environment). Please check these Terms regularly to ensure that you understand the up-to-date terms that apply in relation to your membership of the Club.

        For any significant changes to these Terms that will materially adversely impact you or if we choose to discontinue the Club then we shall provide you with six months' written notice.
    10. PRIVACY
        The information you provide as a member of the Club will be managed by adidas as described in adidas’ Privacy Policy . By becoming a member of the Club, you consent to receive marketing, promotions, special events, and other communications from adidas, its affiliates, and brands. You may unsubscribe from marketing communications at any time. For information on how to do so, please visit our Privacy Policy.
    11. DISCLAIMER AND LIMITATION OF LIABILITY
        THE CLUB IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADIDAS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE CLUB (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE).

        TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADIDAS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE CLUB, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

        TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADIDAS’ TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS AND THE CLUB, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED $100.
    12. GOVERNING LAW AND JURISDICTION
        ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE TERMS OR THE RIGHTS AND OBLIGATIONS OF YOU OR ADIDAS IN CONNECTION WITH THE CLUB SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF OREGON WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. FOR THE PURPOSES OF ANY DISPUTES HEREUNDER AND SUBJECT TO THE AGREEMENT TO ARBITRATE BELOW, BY ENROLLING OR PARTICIPATING IN THE CLUB, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE CLUB SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURT SITUATED IN MULTNOMAH COUNTY, OREGON.
    13. DISPUTE RESOLUTION - ARBITRATION AGREEMENT, JURY TRIAL WAIVER AND CLASS ACTION WAIVER
        By enrolling in and participating in the Club, you agree that all disputes you may have with, or claims you may have against adidas or its affiliates arising out of or connected in any way with (a) the Club, (b) these Terms, or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration.

        You and adidas intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16. All Claims must be resolved through individual (non-class) arbitration. You and adidas waive any rights to maintain other available resolution processes for Claims, such as a court action or administrative proceeding, to settle disputes. You and adidas waive any right to a jury trial for Claims. Instead of suing in court, we each agree to settle Claims only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in the agreement as a court would.

        Any Claims will be determined by arbitration in Oregon before one arbitrator. The arbitration will be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/ . Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties.

        You agree that you will not file a class action or private attorney general action against adidas or any of its affiliated companies or participate in a class action against adidas or any of its affiliated companies, in any Claim. You agree that you will not file or seek a class arbitration or participate in a class arbitration against adidas and its affiliated companies, in any Claim. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and adidas also have the right to bring qualifying claims in small claims court. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, adidas will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

        THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN APPLICABLE ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ADIDAS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

        If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms will survive the termination of your relationship with adidas.
    14. MISCELLANEOUS
        Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

        If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    15. CONTACTING US
        Should you have any questions about these Terms or the Club or have any reasons for a complaint you can contact our customer services team by email at customerservice@shopadidas.com or by phone at 1-800-982-9337.

        PLEASE RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE ADIDAS WEBSITE OR APP FREQUENTLY FOR ANY CHANGES TO THESE TERMS.

        Last Updated: 10 March 2022
        Annex A – Participating Retail Stores



    Terms of Use

    Welcome to adidas Running and adidas Training (together and each individually: the “ Services ”) and the digital content provided by Runtastic GmbH through all available channels (“ Digital Content ”). When we refer to “ you ” or “ your ” we mean you, the person accessing these terms (the “ Terms of Use ”) and willing to use the Services and or access the Digital Content. When we refer to “ Users ” we mean people that are part of our interactive sports and fitness community using the Services and when we refer to “ we " or “ us ” we mean the entity you have your Membership with or that is providing the Digital Content.
    1. VALITY OF THERSE TERMS
      1. Applicable version. These Terms of Use shall govern your usage of the Services as well as the access to Digital Content in the currently valid version which can be viewed at any time within the Services, in particular here .

      2. Integration. You consent to the application of these Terms of Use and any documents incorporated therein by reference either by (i) registering an adiClub Membership, (ii) registering a Runtastic Membership or (iii) accessing Digital Content where no subscription is required. If you do not agree to these Terms of Use, please do not register a Membership and please do not use the Services or access the Digital Content.

      3. Extend. These Terms of Use shall apply regardless of the points of access to the Services and Digital Content, including (sub-)domains and mobile applications and regardless of who you have your Membership with, i.e., who offers the Services to you, e.g. adidas or Runtastic.

      4. Additional terms. When using the Services or accessing the Digital Content on mobile devices, additional terms and conditions of the respective mobile device provider and the mobile carrier apply.
    2. PREREQUISITS FOR USE
      1. Account and terms. Neither the use of the Services nor access to Digital Content shall be possible without consent to these Terms of Use and acknowledgement of the relevant Privacy Notice . The Services may be used only if you have registered an adiClub Membership or Runtastic Membership. The use of the Services further requires that you maintain and use a device compatible for the use of the respective Service and at the required update level.

      2. Data processing and transmission. You hereby confirm your knowledge that to operate the Services and make their features available, data, including personal identifiably information, must be processed by us and transmitted from the device you use the Service with to us and back. The processing of such information is necessary to perform your contract with us. To provide certain features of the Services or subject to your consent, information might also be shared with social networks or partners as indicated in the relevant Privacy Notice .

      3. Cost incurred with data transmission. By agreeing to this Terms of Use you confirm your knowledge that certain costs of the mobile carrier will result from the transmission of information from the device you are using the Service with to us and back. Such costs will have to be borne by you.
    3. USER CONTENT
      1. General. You are permitted to upload, save, publish, distribute, transmit, and share data and information, such as – but not limited to - text, posts, comments, images, messages, interactions and the like (“ User Content ”) with other Users via the Services in accordance with statutory law and these Terms of Use.

      2. Disclosure. We reserve the right to save or disclose User Content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, to
        • comply with statutory law, or court or administrative orders;
        • ensure compliance with these Terms of Use or any other Terms agreed between you and us;
        • react to claims of breaches of law raised by third parties; or
        • safeguard our rights, property, or personal safety, or the like of Users and the public.

      3. License to User Content You hereby grant us a worldwide, irrevocable, royalty-free, non-exclusive, transferable, sub-licensable and unlimited license to use all User Content generated, transmitted, saved, and published via the Services. Irrespective of the type of usage, we shall have the right to use all User Content both as part of the Services and for any other activity we or a company affiliated with us carry. This shall include the right to change and edit such User Content unless changes or edits impair your material interests. To the extent feasible, if we use User Content outside the Services, we shall note that such content was created by you.

      4. Ownership. We do not claim ownership of any User Content and will not supervise such content.

      5. Deletion. We reserve the right to delete User Content without giving reasons and without giving any advanced notice.

      6. Inaccurate User Content. We are not responsible for inaccurate User Content created by any User.

      7. Idemnification. You shall indemnify us for all claims raised by third parties because of an infringement of their rights in connection with your User Content uploaded to any of the Services. You shall bear the costs of any legal proceedings, in which we may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless you have not been at fault in causing such infringement.

      8. Support. If a claim is brought by a third-party in relation to your User Content, you shall promptly, truthfully and completely make available to us all information available to you that may be necessary to verify such claim and/or defend against it.

    4. USER OBLIGATIONS
      1. Account safety. You are responsible for maintaining the confidentiality of your Membership identification and password (the “ Account ”) and are fully responsible for all activities that occur under your Account. The Services and Digital Content are provided for your personal use only. You must not share your Account or in any way make it accessible to others. You must immediately inform us of any unauthorized use of your account or any other breach of security via email to: fraudprotection@runtastic.com or, for Premium Members to premium@runtastic.com

      2. Limitation of use. You agree that you shall not:
        • use the Services or any Digital Content for any purpose other than its intended use;
        • access, use, reproduce, modify, download, sell, transfer, publish or otherwise make available your Account, the Services or any Digital Content for any commercial purpose;
        • commit any act that might damage, disrupt or otherwise interfere with the operation of the Services;
        • abuse or use your Account, the Services or the Digital Content for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through your Account or using your Account in a manner which is discriminatory, offensive, abusive, malicious, defamatory, or other violates or infringes the rights of anyone else);
        • violate the applicable Community Guidelines for the Services.

      3. Rules of Conduct. You must:
        • truthfully provide, and keep current and complete, your Account;
        • only save, publish, transmit and distribute User Content, you are authorized to pass on. This shall also apply to User Content subject to intellectual property rights, such as trade names and trademarks. You are exclusively responsible for your User Content;
        • not save, publish, transmit or distribute any User Content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
        • not send spam, chain letters or messages to more than one recipient at one time;
        • not carry out any disrupting interferences in the Services or their technical environment, by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding software or hardware;
        • not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
        • provide prompt notice via email to fraudprotection@runtastic.com of any detected breaches of the aforementioned obligations;
        • diligently care for your personal details and the personal details of other Users accessible via the Services and do not allow third-parties access to personal details of other users accessible via the Services;
        • regularly save User Content externally, e.g., on an external storage medium, hard drive or in the cloud. You are solely responsible for any lost or impaired User Content.
    5. BREACH OF USER OBLIGATIONS
        In order to ensure the proper and reliable provision of the Services, we might impose the following sanctions upon a breach of user obligations:
        • warning;
        • deletion of User Content;
        • temporary deactivation of your Account; and
        • cancellation (irrevocable deactivation) of your Membership.
        The type of sanction shall depend on the purpose, impact, and type of the breach considering both our and your interests.
    6. EXCLUSION FROM THE SERVICES
      1. Reasons for exclusion from the services. We may refuse access to the Services and/or Digital Content at any time, without prior notice and refuse all current or future use of the Services and/or Digital Content (or any portion thereof), without you are being entitled to a refund of any payments made, if we determine that you:
        • are ineligible in accordance with the prerequisites stated within the Terms or these Terms of Use,
        • have violated any of these Terms of Use or the user obligations stated therein, any other applicable Terms or any applicable law or regulation,
        • engaged in any deception, forgery, fraud or committed any other abuse of your Account, or
        • provided registration data that is false, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete.

      2. Consequences of exclusion. If you have generated, transmitted, saved, published, or otherwise made User Content available through the Services, the rights granted to us in accordance with Section 3.3 in relation to this User Content, which does not qualify as personal data, shall expire upon terminating the use of / being excluded from the Services. This does not apply if such User Content:
        • has no use outside the context of the Services,
        • is exclusively related to your use of the Services,
        • has been aggregated by us with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort, or
        • was generated by you together with other Users, provided that other users can still use the data.
      3. For personal data, the provisions of the Privacy Notice apply.

      4. Request for data. If you generated, transmitted, saved, published, or otherwise made available through the Services User Content, we shall, at your request, provide you with the User Content, which does not qualify as personal data, free of charge, within a reasonable period and in a common and machine-readable format after the termination of / exclusion from the Services become effective. This does not apply if such content:
        • has no use outside the context of the Services,
        • is exclusively related to your use of the Services or
        • has been aggregated by us with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort.
      5. For personal data, the provisions of the Privacy Notice apply.
    7. DISCLAIMER AND LIMITATION OF LIABILITY
      1. Disclaimer. The Services and Digital Content are provided to you “AS IS”. We do not warrant or guarantee that the Services or Digital Content will meet your expectations or that they are suitable for a particular purpose not expressly agreed upon.

      2. No medical advice and health risks. You hereby acknowledge and agree to the fact that the Services and Digital Content do not include any medical advice. The Services and Digital Content, regardless of whether they are provided by us, our partners, third parties or Users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. ALWAYS consult your doctor about your athletic behavior. The Services and Digital Content should never be interpreted in a way that contradicts medical advice, discourages you from consulting a doctor or be used to make or validate any diagnoses. We, the Services and the Digital Content neither substitute your doctor, nor do we assume responsibility for your behavior related to the use of the Services and the Digital Content. By accepting these Terms of Use, you confirm that you are aware of the fact that sporting activities are always associated with risks that can also affect your health and that you are solely responsible for your health and behavior related to the use of the Services and the Digital Content.

      3. User Identity. We are not responsible for the actual identity of a User since personal identification via the internet is possible to a limited extent only. You shall confirm the identity of other Users prior to entering any form of interaction with them.

      4. Data transfer via the internet. You hereby confirm to be aware that processing of personal identifiable information via the internet may bear risks and may lead to security incidents. In your area of responsibility, this risk is borne solely by you. We do not assume any warranties in this regard.

      5. Own risk. You access and use the Services and Digital Content at your own risk. This applies without limitation to:
        • the related use of any hardware, including, but not limited to, (i) the respective device you are using the Services with, (ii) chest straps, and (iii) smartphone dongles;
        • the download of your own and third-party content; and
        • any use of any content and other data created or provided by us or our partners, including, but not limited to (i) measured altitude details, or (ii) recommendations for actions, e.g., workout plans etc. You explicitly acknowledge that any such content or other data may contain errors, and we do not, to the extent permitted by law, assume any responsibility for the correctness of such data.

      6. Content. Unless required by statutory law, neither we nor any of our affiliated companies shall be liable for damages resulting from the use of any content made accessible through the Services or the use of the Digital Content. This also applies to damages resulting from errors, problems, viruses, or loss of data.

      7. Downloads. We assume no liability for data and/or material downloaded from or obtained by using the Services or the Digital Content. You are solely responsible for any damages caused by such materials to your devices and systems or for information lost because of downloading data and/or materials from any of the Services.

      8. Conflicts. You are solely liable for any claims or lawsuits of any kind in any way derived from or related to conflicts you have with other Users. You acknowledge and accept that we will not, under any circumstances, be liable for the acts and omissions of other Users, including the damages associated with such acts or omissions.

      9. External content. We do not make any representations or warranties with respect to external links, banners or other information and marketing offers made accessible to you via the Services or the Digital Content. Any contractual arrangements entered between you and a third-party provider, e.g., via linked websites or banners, are between you and the third-party provider only. We do not make any representations or warranties with respect to services of third-party providers.

      10. Availability. We do not provide any guarantees regarding the availability of access to the Services and/or the Digital Content and shall not be liable for any temporary unavailability or interruption of the access.

      11. Limitation. We do not claim or warrant that the Services or the necessary hardware and software will be completely free from errors or that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
    8. PROPRIATARY RIGHTS
      1. Ownership. The Services, material displayed therein and the Digital Content is and, unless otherwise expressly agreed, remains the exclusive property of us, our licensors, distributors, agents and/or its providers. You may not remove any copyright, trademark or other proprietary notices from any material on the Platform.

      2. Restricted use. You may not use, including modify, copy, distribute, share, license, reproduce and the like, the Digital Content and content displayed in the Services in any way which is not necessary for proper use in accordance with our agreement with you, not explicitly authorized within these Terms or otherwise authorized by us in writing.

      3. PLEASE RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE RUNTASTIC WEBSITE AND APPS FREQUENTLY FOR ANY CHANGES TO THESE TERMS.

        Last Updated: 10 March 2022

        Version valid for all contracts concluded after last update and for existing contracts as of: 09/03/2022