adiClub Terms & Conditions and Platform Terms of Use

Chapter 1

1. ELIGIBILITY

2. JOINING THE CLUB

3. EARNING POINTS

4. EXPIRATION OF POINTS

Level Points

Points to Spend

5. CLUB LEVELS

6. LEVEL REQUALIFICATION

7. REWARDS

8. USE OF POINTS TO SPEND

a. Vouchers

b. Money can’t buy products (“MCBP”)

c. Raffles

d. Good causes

9. USE OF ACCOUNT

10. RIGHT TO WITHDRAW FROM THE CLUB MEMBERSHIP AGREEMENT

11. CONSEQUENCES OF WITHDRAWAL FROM THE CLUB MEMBERSHIP AGREEMENT

12. TERMINATION; EXPIRATION; CHANGES TO THE CLUB

13. CONFORMITY

14. DISCLAIMER AND LIMITATION OF LIABILITY

Chapter 2

1. USE OF THE PLATFORM (“Terms of Use”)

1.1 Introduction

1.2 Changes to these Terms of Use

1.3 Copyright and ownership

1.4 Trademarks

1.5 Software

1.6 Accuracy of information

1.7 Minors

1.8 Your provision of information

1.9 User-Provided Content

1.10 Your grant of license to adidas for User-Provided Content

1.11 adidas’ discretion to use User-Provided Content

1.12 Your conduct

1.13 Links to websites and online services owned or controlled by third parties and third party attributions

1.14 Registration and passwords

1.15 Operation of the Platform and termination of this agreement

1.16 Access to the Platform

1.17 Our responsibility for loss or damage suffered by you

1.18 Even if we delay in enforcing this contract, we can still enforce it later

2. DIGITAL CONTENT AND DIGITAL SERVICES PURCHASE TERMS

2.1 When do these Purchase Terms apply?

2.2 Conformity; updates

2.3 Right of Withdrawal

2.4 Consequences of withdrawal

2.5 User-Provided Content; consequences of termination

Chapter 3 – General Terms (Miscellaneous)

1. GOVERNING LAW AND JURISDICTION

2. MISCELLANEOUS

3. CONTACTING US

Annex 1 – Participating Retail Stores

Annex 2 – Sample Withdrawal Form

Terms of Use for adidas Running

1. VALIDITY OF THESE TERMS

2. PREREQUISITES FOR USE

3. USER CONTENT

4. USER OBLIGATIONS

5. RULES OF CONDUCT

6. BREACH OF USER OBLIGATIONS

7. EXCLUSION FROM THE SERVICES

8. DISCLAIMER AND LIMITATION OF LIABILITY

9. PROPRIETARY RIGHTS

10. CONFORMITY

adiClub Terms & Conditions and Platform Terms of Use

Welcome to adiClub (the “Club”). The Club includes a membership program and a subscription to the adidas Running App as further set out below in Chapter 1. Additionally, our Platform Terms of Use as set out in Chapter 2 govern your use of the adidas website through your membership account and the use of the adidas and Confirmed app (individually and collectively referred to as “App”), all of which are part of adidas’ platform (the “Platform”). Chapter 3 includes general terms that apply to the membership, subscription to adidas Running App, and the use of the Apps collectively.

The Club is organised by adidas (UK) Limited with company number 1075951, whose registered address is Pepper Road, Hazel Grove, Stockport, Cheshire, SK7 5SA, United Kingdom and VAT number is GB 46.81.71.526 (“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 https://www.adidas.co.uk/terms%5Fand%5Fconditions ("eCom Terms and Conditions").

adidas AG is the parent company of the adidas group, which includes several affiliated companies; among them adidas (UK) Limited (hereinafter referred to as "adidas/we/us").

Please read these Terms carefully.

Chapter 1

1. ELIGIBILITY

To participate in the Club, you must be at least 16 years old and a legal resident of the United Kingdom. If you are at least 16, 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 https://www.adidas.co.uk/adiclub . You may also visit our FAQ section on the Club by clicking https://www.adidas.co.uk/help?hcid=HCID%5FACCOUNT%5FNEWSLETTER. For more details, please keep reading below.

2. JOINING THE CLUB

If you meet the eligibility criteria above, you can join the Club by filling out a registration form on www.adidas.co.uk, 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 be entitled to earn membership level points (“Level Points”) and points to spend (“Points to Spend”) (together, the “Points”).

You will earn Points for purchases (except whilst using or purchasing gift cards) that you make on the UK-version of our official website www.adidas.co.uk (the “Website”), the UK-version of our official mobile applications: the adidas App or the Confirmed App (together, the “App”) or in participating adidas retail stores in the UK, as set forth in Annex A to these Terms (the “Stores”) (together, the “Eligible Channels”). For every £1 spent you will earn 10 Level Points and 10 Points to Spend.

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 at https://www.adidas.co.uk/adiclubrewards. 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 here 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, and no prior transactions or interactions will be eligible for Points. New members will start earning Points from the date they register for the Club, and 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.

You will only be entitled to accumulate a maximum of 100,000 Points to Spend (the “Limit”). If you reach the Limit but engage in an activity that should earn you Points to Spend, we will add 0 Points to Spend to your account, however this will reset the 365-day expiry period (as set out below in Clause 4).

4. EXPIRATION OF POINTS

Level Points

Level Points will remain valid for 12 months. This period will always finish at the end of the month. If you earned Level Points on June 9, 2022, they will expire on June 30, 2023, unless adidas explicitly states otherwise. Level Points cannot be transferred between members. Level Points have no cash value and cannot be exchanged for cash.

Points to Spend

To reward our most loyal members, there will be more adiClub benefits for those who earn points on a regular basis. Points to Spend will expire, on a rolling basis and to the end of the Calendar month, 12 months after your last purchase or activity that earned you Points to Spend. But because all good things must come to an end, any Points to Spend can only be retained for a maximum period of 36 months - towards the end of the month - before they expire automatically. Please note that neither a purchase later fully returned nor the birthday bonus will extend the expiration of your Points to Spend.

Example: If you earned Points to Spend on 1 January 2022 and 10 January 2022, all your Points to Spend will be saved until the end of January 2023. However, if you made a purchase on 21 June 2022 and earned some more Points to Spend, all your Points to Spend will be available for 12 months after that purchase until the end of June 2023. The Points to Spend earned in January 2022 will in any case not be available anymore after the end of January 2025.

Points to Spend cannot be transferred between members. Points to Spend cannot be exchanged for cash.

5. CLUB LEVELS

The Club has four separate levels. You can move up through the different levels by earning Level Points.

Level 1 is the entry-level for members with 0–999 Level 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 Level Points. Level 3 is for members with 3,000–8,999 Level Points. Level 4 is for members with 9,000 Level Points or more.

You can climb to the higher levels by accumulating the number of Level 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 Level 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 Level Points during the current requalification period, you will be downgraded to the next level down, regardless of the number of qualification Level 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 Level Points you need in order to requalify for your current level is equal to the minimum Level Point balance needed to enter that level.

Level Points earned after your last level entry will count towards requalification Level 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 Level Points will be set to 0.

If you do not earn enough Level 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 Level Points will be set to 0. If a member does not earn enough Level 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 https://www.adidas.co.uk/adiclubrewards.

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 2 and 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 App: available from entry into the Club and subject to acceptance of any applicable terms of use.

• Premium subscription to the adidas Running App: 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 POINTS TO SPEND

Points to Spend can be redeemed against a number of use cases, including but not limited to:

a. Vouchers

You will be entitled to use your Points to Spend to purchase a voucher (e.g. a 20% off voucher) (“Voucher”). The Voucher may then be used to make an order on the App, on the Website or in the Stores. Certain exclusions may apply, and any additional terms and conditions will be presented to you when making a purchase.

You can only use one Voucher at any one time when making a purchase and it cannot be combined with any other vouchers or discount codes. The Voucher will only apply to the product price and will not apply to any delivery costs.

No Voucher can be exchanged, transferred or redeemed for cash or Points to Spend. You may only use a Voucher for personal, non-commercial use and must not sell any Voucher. Vouchers may not be used in sales or promotional activities including as giveaways or prizes in competitions. We reserve the right to cancel any Voucher that we suspect has been resold or obtained in connection with an unauthorised sales or promotional activity.

If you return any products that you have purchased online using a Voucher, you will not be entitled to a refund of Points to Spend but, provided you have returned all of the products purchased using the Voucher, you will be entitled to request a new Voucher by contacting our adidas Customer Service here.

b. Money can’t buy products (“MCBP”)

You will be entitled to use your Points to Spend to purchase MCBP and any such purchase will be subject to our eCom Terms and Conditions and any additional terms presented to you when making a purchase.

For the avoidance of doubt, if you return any MCBP in accordance with the eCom Terms and Conditions and are entitled to a reimbursement of your Points to Spend, this will be subject to the Limit as set out above at Clause 3 (for example, if you return a MCBP that you purchased for 500 Points to Spend but have 99,990 Points to Spend at the time of the reimbursement, we will reimburse you 10 Points to Spend).

c. Raffles

You will be entitled to use your Points to Spend to participate in raffles. These will be subject to you agreeing to separate terms and conditions applicable to each raffle.

If you withdraw from a raffle prior to the conclusion of the raffle, you will be entitled to a refund of Points to Spend.

d. Good causes

When made available to you, you will be entitled to use your Points to Spend to make a contribution to a good cause as further set out in the Club. Any additional terms and conditions will be presented to you prior to making a contribution.

9. 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 Chapter 3, Section 3) 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.

10. RIGHT TO WITHDRAW FROM THE CLUB MEMBERSHIP AGREEMENT

You may withdraw from your Club membership within 14 days of the date on which you enrolled in the membership without stating any reasons. To exercise this right of withdrawal, you must inform us of your decision to withdraw from your Club membership by sending us a clear declaration (e.g. a letter sent by post) stating your decision to withdraw from the agreement. Please use the following contact details: adidas (UK) Limited, c/o adidas Customer Service, Withdrawal Department, Hoogoorddreef 9a, 1101 BA Amsterdam, The Netherlands.

To exercise your right pursuant to this section you may also use the following form:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Email address of consumer(s) which is used to register a Club membership.

Date

You may also withdraw from the Club membership electronically by filling in the explicit withdrawal declaration on our Website at https://www.contactus.adidas.com/EMEA/ContactUs?country=GB&brand=adidas&language=en%5FGB or by deleting your account by going to the “Data settings” in the footer of our Website and select the option “Delete my data & account” within the withdrawal term. If you use one of these options, we shall confirm receipt of order withdrawal via email.

11. CONSEQUENCES OF WITHDRAWAL FROM THE CLUB MEMBERSHIP AGREEMENT

If you withdraw from your Club membership on the basis of your right of withdrawal as set out above, the Club will become inaccessible to you and you shall refrain from using your Club membership and from making it available to third parties.

If you withdraw from your Club membership on the basis of your right of withdrawal as set out above, we will refrain from using any data, which is not personal data, which was provided or created by you when participating in the Club, except where such data

1. has no use outside the context of the Club membership,

2. is exclusively related to your use of the Club membership,

3. has been aggregated by us with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort, or (iv)was generated by you together with other customers, provided that other customers can still use the data.

Upon your request, we will make available to you any data, which is not personal data, which was provided or created by you when participating in the Club, except in the situations under this clause 11 (i), (ii) and (iii) as mentioned above.

If you use the option to delete your account (via “Delete my data & account” as stipulated in Clause 10 above) to withdraw from your Club membership and you want to receive a copy of your data, please make sure to download it before you delete your account by going to the ‘Data Settings’ in the footer of our Website and selecting the option ‘Send me my data’ or ‘Send me my machine readable data’.

Please note that if you have requested a copy of your data we process, your account can only be deleted after the export is completed, because otherwise, we would no longer be able to comply with this request.

For the consequences of withdrawal in respect of any data that qualifies as personal data, the provisions of the Privacy Notice apply.

12. TERMINATION; EXPIRATION; CHANGES TO THE CLUB

Notwithstanding the above, 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.

In the event of your cancellation of the Club membership, the following applies with regard to the data provided upon registration for the Club and uploaded, posted, transmitted, published, displayed or otherwise made available through or in the scope of the Club membership thereafter:

• any rights granted to us in relation the data, which is not personal data, shall expire. This does not, however, apply if such data:

  • has no use outside the context of the Club membership,

  • is exclusively related to your use of the Club membership,

  • 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 customers, provided that other customers can still use the data.

For personal data, the provisions of the Platform’s Privacy Notice shall prevail.

• we shall, at your request, provide you with the data, which is not personal data, free of charge, within a reasonable period of time and in a common and machine-readable format after the cancellation becomes effective. This does not apply if such data:

  • has no use outside the context of the Club membership,

  • is exclusively related to your use of the Club membership, or

  • has been aggregated by us with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort.

For personal data, the provisions of the Platform’s Privacy Notice shall prevail.

We may make minor changes to 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 three months' written notice.

13. CONFORMITY

We have a legal obligation to make sure that the Club conforms to the contract.

As part of this legal obligation, we may, from time to time, offer and request you to update the Club for security and technical reasons. It is your responsibility to install such updates without delay and to update the operating system of your end device if this is required for such updates. We will not be liable for any lack of conformity of the Club resulting from the lack of the relevant update when you fail to install the update that we supplied to you.

If the Club does not conform to the contract of sale and/or the statutory conformity requirements, you have the right to have the defect corrected. Your right to claim lack of conformity expires two (2) years after termination of the Club membership. You will reasonably cooperate with us to assess whether the cause of the lack of conformity lies in your digital environment. If you do not provide such cooperation, the burden of proof of any conformity will lie with you.

14. DISCLAIMER AND LIMITATION OF LIABILITY

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.

Nothing in these Terms excludes or limits our liability for:

• death or personal injury caused by our negligence;

• fraud or fraudulent misrepresentation; or

• any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

To the extent permitted by law, our aggregate liability to you in respect of any loss or damage suffered and arising out of or in connection with these Terms, whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way, shall not exceed the amount of £100.

Chapter 2

1. USE OF THE PLATFORM (“Terms of Use”)

1.1 Introduction

These Terms of Use apply to your access to and use of the Platform, including the software contained in the Platform (“Software”). Insofar the provision of personal data for the use of the Platform or the creation of the membership account qualifies as payment under applicable law, also the Digital Content and Digital Services Purchase Terms (Chapter 2, section 2) apply.

Your access to and use of the Platform and the information, materials, products, and services available through the Platform are subject to these Terms of Use, regardless of whether you possess an account through the Platform linked to your name and/or contact information (“Account”).

1.2 Changes to these Terms of Use

We may make changes to these Terms of Use at any time if we believe it is reasonably necessary to do so (including for security, legal or regulatory reasons). We will give you as much advance notice of this as is reasonably possible (and may do so by communicating the changes to you either when you log in to the Platform or by sending you notice using the contact information that you have provided to us and/or by any other means we think is appropriate).

In some circumstances we may need you to download the latest version of the Platform and/or accept a new version of these Terms of Use before continuing to use the Platform. Your continued use of the Platform will constitute your acceptance of any new or amended terms and/or updates.

1.3 Copyright and ownership

All of the content featured or displayed on the Platform, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than User-Provided Content (together “Content”), is owned by adidas, its licensors, vendors, agents, and/or its Content providers.

You must not use the Platform or any Content other than for its intended purpose. Except where we tell you otherwise in the Platform, you may view, play, print, and download documents, audio, and video found on the Platform for personal, informational, and non-commercial purposes only.

You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Platform.

Except as authorized under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Platform. For purposes of these Terms of Use, the use of any such material on any other mobile application, website, or online service is prohibited.

You are responsible for complying with all laws which apply to you and your use of the Platform. The Platform, its Content, and all related rights shall remain the exclusive property of adidas or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the Platform.

1.4 Trademarks

All trademarks, service marks, and trade names of adidas used as part of or in connection with the Platform (collectively “Marks”) are trademarks or registered trademarks of the adidas Group, or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify adidas Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Platform, without adidas’ prior written consent. The use of adidas Marks on any other mobile application, website, or online service is not allowed. adidas prohibits the use of adidas Marks as a “hot” link on or to any other mobile application, website, or online service unless establishment of such a link is approved in advance.

1.5 Software

The Software is being provided to you by adidas pursuant to the following terms. adidas grants you a non-exclusive, non-transferable, limited license to use the Software only for the purpose of using the Platform. Except as specifically provided in these Terms of Use, You may not, in whole or in part: (a) copy the Software, (b) distribute copies of the Software, in whole or in part, to any third party; (c) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Software, except as otherwise permitted by law; (d) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the Software to third parties; or (e) use the Software to act as a service bureau or application service provider, or to permit access to the Software by any third party. Part of the Software may be provided by and/or owned by third parties.

You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Platform or its content or circumvent the structure or presentation of the Platform or any of its content or (b) to interfere with the operation of the Platform or any transaction being made on the Platform or interfere or affect any person's use of the Platform or to help facilitate any third party to purchase any product on the Platform.

You may not attempt to gain unauthorised access to any part or feature of the Platform or any system connected to the Platform by hacking, password mining or other illegitimate or unauthorised means.

Certain of the third party materials supplied by adidas for use with the Software are governed by open-source software license agreements supplied with such third party materials. adidas makes no claim of ownership of such open-source software, and such software is supplied solely in accordance with the license agreements accompanying such software. Accordingly, the restrictions above concerning scope of use, ownership, modification, and other provisions relating to the Software may not apply to such open-source software.

1.6 Accuracy of information

We attempt to ensure that information on the Platform is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.

1.7 Minors

You must be 16 years of age or older to access or use the Platform.

1.8 Your provision of information

When you provide information about yourself to us or to other users of the Platform, including when you create an Account, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the Platform, and/or refuse any or all current or future use of the Platform or any portion thereof.

1.9 User-Provided Content

You understand that all information, data, or other materials that you and other users of Platform upload, post, transmit, publish, display, or otherwise make available through the Platform, including the information provided when creating an Account and information you share with or make available to other users of the Platform (“User-Provided Content”), are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Platform.

We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. Furthermore, the User-Provided Content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You understand that by using the Platform, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable.

We are not responsible for any User-Provided Content, and will not be liable for any loss or damage caused by any User-Provided Content or your use of or reliance on it.

By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content through the Platform, you agree that:

• you are the owner of all rights in such User-Provided Content;

• you have waived all “moral rights” that you may have in such User-Provided Content, including but not limited to the right to be identified as the author of such content ;

• you have the right to allow our use of such User-Provided Content under these Terms of Use;

• all User-Provided Content that you post is accurate; does not violate these Terms of Use; will not result in a breach or violation of any terms of any contract or agreement to which you are currently bound or will become bound in the future; does not and will not violate any applicable law; and will not cause injury to any person or entity; and

• you are at least 16 years old.

1.10 Your grant of license to adidas for User-Provided Content

By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content, you grant us a worldwide, perpetual, non-exclusive royalty-free license (with the right to sub-license) to use, reproduce, display, perform, adapt, modify, publish, or distribute such User-Provided Content in whole or in part in any form, medium, or technology (now known or later developed) as part of or in connection with the Platform.

We may modify or adapt User-Provided Content, including in order to transmit, display or distribute it over networks and to conform to the requirements of networks, services, or other media. We or others may, in our sole discretion, refer to your name or other identifier you provided when posting User-Provided Content. You promise that our publication and use of your User-Provided Content will not infringe the rights of any third party.

1.11 adidas’ discretion to use User-Provided Content

All User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Platform may be used by adidas in accordance with our Privacy Notice. adidas reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Platform in its sole discretion. adidas does not guarantee that you will be able to edit or delete any User-Provided Content you have made available in connection with the Platform. We are not under any obligation to keep the User-Provided Content that you make available through the Platform confidential.

1.12 Your conduct

You agree to comply with all laws, rules, and regulations applicable to your access to and use of the Platform. In addition, you agree not to:

• upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that is known by you to be false, inaccurate, or misleading;

• upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

• upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that harms minors in any way;

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted through the Platform;

• upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

• upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;

• upload, post, transmit, publish, display, or otherwise make available through the Platform any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

• upload, post, transmit, publish, display, or otherwise make available User-Provided Content provided by another user of the Platform (or an image or picture depicting such User-Provided Content) on any other website, mobile application, or online service without that user’s prior permission;

• upload, post, transmit, publish, display, or otherwise make available through the Platform any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

• take any action that interferes with the proper working of the Platform, compromises the security of the Platform, or otherwise damages the Platform or any materials or information available through the Platform;

• attempt to gain unauthorized access to any portion or feature of the Platform, to any other systems or networks connected to the Platform, to any of our or our service providers’ servers, or to any of the services offered on or through the Platform, including but not limited to by hacking, password “mining”, or any other unauthorized means;

• probe, scan, or test the vulnerability of the Platform or any network connected to the Platform or bypass the authentication measures on the Platform or any network connected to the Platform;

• in accordance with Section 1.5, use any automated means to collect information or Content from or otherwise access the Platform, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;

• harvest or otherwise collect and store information about other users of the Platform, including e-mail addresses;

• install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or

• interfere with or disrupt the operation of the Platform or server networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform.

1.13 Links to websites and online services owned or controlled by third parties and third party attributions

For your convenience, the Platform may contain links to or at times redirect you to websites and/or online services owned or controlled by third parties. Also, at your request, the Platform may connect to social networking websites that are not owned or controlled by us.

These websites and online services are not under our control, and you accept that we are not responsible or liable for the accuracy; collection, use, or disclosure of information; copyright compliance; legality; decency; or any other aspect of such websites and online services including their operation, or the content displayed on or through them. The inclusion of such a link on the Platform does not imply our endorsement of any such website or online service, the content displayed on or through it, or any association with its operators, and you agree not to hold us responsible for any harm that may arise based on your access to or use of any linked website or online service.

1.14 Registration and passwords

By registering for the adiClub, your account username and password can be used to fully access the Apps. For more information on the account, please see Chapter 1, section 9 above.

1.15 Operation of the Platform and termination of this agreement

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the Platform, or any portion of the Platform, or the agreement between you and us under these Terms of Use, for any reason including but not limited to for your violation of these Terms of Use; (ii) modify or change the Platform, or any portion of the Platform; (iii) interrupt the regular operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Platform required for, inter alia, changes to the technical environment or functionalities, changes in the number of users or improvements to the services.

On cancellation of the agreement under these Terms of Use for any reason:

• all rights granted to you under these Terms of Use shall cease;

• you must immediately cease all activities authorised by these Terms of Use including your use of the Platform;

• you must immediately delete or remove the Platform from your device(s) and immediately destroy all copies, full or partial of the Platform then in your possession, custody or control and on request by us certify to us (or our nominee) that you have done so.

You may cancel this agreement at any time without notice and for any reason by uninstalling the App. Uninstallation methods vary depending on your device. To uninstall the App, please use the application manager provided with your device or consult your device manual for reference.

The sections entitled Your Grant of License to adidas for User Provided Content and Our Responsibility for Loss or Damage Suffered by You will continue to apply after this agreement under these Terms of Use ends.

1.16 Access to the Platform

Neither adidas, nor any of its respective affiliates guarantee that the functions contained in the Platform will be uninterrupted or error-free or that defects will be corrected.

We may suspend, withdraw, discontinue or change all or any part of the Platform without notice.

1.17 Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

The Platform is for domestic and private use. If you use the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

1.18 Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

2. DIGITAL CONTENT AND DIGITAL SERVICES PURCHASE TERMS

2.1 When do these Purchase Terms apply?

These Purchase Terms apply where you provide us with your personal data in exchange for the access to and use of our Platform. This Chapter 2, Section 2 does not apply when we collect your personal data exclusively to supply digital content or a digital service to you or for the sole purpose of meeting legal requirements, or where we only collect metadata under applicable law. You agree to these Purchase Terms when you start using the Platform, for example by the creation of the adidas account. It is only possible to deviate from these Purchase Terms if agreed in writing by us.

If you do not agree to be bound by these terms of use, do not access or use the Platform.

2.2 Conformity; updates

For adidas, quality is paramount and we have a legal obligation to make sure that our Platform conforms to the contract.

As part of this legal obligation, we will, from time to time, offer and request you to install security and technical updates. It is your responsibility to install such updates without delay and to update the operating system of your end device if this is required for such updates. We will not be liable for any lack of conformity of the Platform resulting from the lack of the relevant update when you fail to install the update that we supplied to you.

If our Platform does not conform to the contract of sale, you have the right to have the defect corrected. Your right to claim lack of conformity expires two (2) years after the delivery of the Platform. You will reasonably cooperate with us to assess whether the cause of the lack of conformity lies in your digital environment. If you do not provide such cooperation, the burden of proof of any conformity will lie with you.

2.3 Right of Withdrawal

You have the right to withdraw from your agreement with us within fourteen (14) days from the date on which the agreement was entered into (“Withdrawal Period”) without giving any reason.

To meet the Withdrawal Period deadline you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the Withdrawal Period.

To exercise your right of withdrawal you must inform us (adidas (UK) Limited, c/o adidas Customer Service, Withdrawal Department, Hoogoorddreef 9a, 1101 BA Amsterdam, The Netherlands) submitting a clear declaration (e.g. a letter sent by post) stating your decision to withdraw from the agreement. You can use the sample withdrawal form attached as Appendix 2 to these Terms and Conditions, however, this is not mandatory. You may also withdraw from the contract of sale electronically by filling in the explicit withdrawal declaration on our Platform at https://www.contactus.adidas.com/EMEA/ContactUs?country=GB&brand=adidas&language=en%5FGB or by deleting your account by going to the “Data settings” in the footer of our website and select the option “Delete my data & account” within the Withdrawal Period. If you use one of these two options, we shall confirm receipt of order withdrawal via email.

2.4 Consequences of withdrawal

If you withdraw from the agreement, the Platform will become inaccessible to you and you shall refrain from using the Platform and from making it available to third parties.

If you withdraw from the agreement, we will refrain from using any User-Provided Content, which does not qualify as personal data, which was provided or created by you when using the Platform, except where such User-Provided Content:

1. has no use outside the context of the Platform,

2. is exclusively related to your use of the Platform,

3. has been aggregated by us with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort, or

4. was generated by you together with other customers, provided that other customers can still use the User-Provided Content.

Upon your request, we will make available to you any User-Provided Content, which does not qualify as personal data, which was provided or created by you when using the Platform except in the situations (i), (ii) and (iii) as mentioned above.

If you use the option to delete your account (via “Delete my data & account” as stipulated in Chapter 2, Section 2.3 above) to withdraw from the contract of sale and you want to receive a copy of any User-Provided Content, including personal data, please make sure to download it before you delete your account by going to the ‘Data Settings’ in the footer of our Website and selecting the option ‘Send me my data’ or ‘Send me my machine readable data’.

Please note that if you have requested a copy of your data we process, your account can only be deleted after the export is completed, because otherwise, we would no longer be able to comply with this request.

For the consequences of withdrawal in respect of any User-Provided Content which qualifies as personal data, the provisions of the Privacy Notice apply.

2.5 User-Provided Content; consequences of termination

Notwithstanding the above, if you have uploaded, posted, transmitted, published, displayed, or otherwise made available through the Platform User-Provided Content, the following applies in the event of termination of the purchase agreement:

• The rights granted in accordance with Chapter 2, Section 1.11 in relation to the User-Provided Content, which is not personal data, shall expire. This does not, however, apply if such User-Provided Content:

1. has no use outside the context of the Platform,

2. is exclusively related to your use of the Platform,

3. has been aggregated by us with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort, or

4. was generated by you together with other customers, provided that other customers can still use the User-Provided Content.

• We shall, at your request, provide you with the User-Provided Content, which is not personal data, free of charge, within a reasonable period of time and in a common and machine-readable format after the termination becomes effective. This does not apply in the situations under Chapter 2, Section 2.5 (i), (ii) and (iii) as mentioned above. For User-Provided Content containing personal data, the provisions of the Platform’s Privacy Notice shall prevail.

Chapter 3 – General Terms (Miscellaneous)

1. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of The Netherlands. This does not affect the applicable mandatory rights under the law of your country of residence.

You may bring any dispute which may arise under these Terms to – at your discretion - either the competent court of Amsterdam, the Netherlands, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State or otherwise the competent court of Amsterdam, the Netherlands.

2. 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.

For EU consumers only, if you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.

3. CONTACTING US

Should you have any questions about these Terms or the Club or have any reasons for a complaint you can contact us by clicking https://www.adidas.co.uk/help.

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: 1 April 2024.

Annex 1 – Participating Retail Stores

Annex 2 – Sample Withdrawal Form

To

adidas (UK) Limitedc/o adidas Customer Service,Returns department,Hoogoorddreef 9A, 1101 BA Amsterdam, The Netherlands

I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods:

______________________________________________________________

______________________________________________________________

_____________________________________________________________

Ordered on*/received on*:

______________________________________________________________

______________________________________________________________

______________________________________________________________

Name of consumer(s) and order number:

______________________________________________________________

______________________________________________________________

______________________________________________________________

Address of consumer(s):

______________________________________________________________

_____________________________________________________________

______________________________________________________________

Date/Signature of consumer(s) (only if this form is notified on paper)

______________________________________________________________

______________________________________________________________

______________________________________________________________

(*) Delete as appropriate.

Terms of Use for adidas Running

Welcome to adidas Running (“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. VALIDITY OF THESE 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.

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. PREREQUISITES 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. Indemnification. 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.

5. 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.

6. 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.

7. 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.
     
     For personal data, the provisions of the Privacy Notice apply.

3. 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.
     
     For personal data, the provisions of the Privacy Notice apply.

8. 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 its 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.

9. PROPRIETARY 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.

10. CONFORMITY

1. Conformity with the contract. We have a legal obligation to make sure that the Services and Digital Content conform to the contract.

2. Updates. As part of this legal obligation, we will, from time to time, offer and request you to install security and technical updates for the Services. It is your responsibility to install such updates without delay and to update the operating system of your end device if this is required for such updates. We will not be liable for any lack of conformity of the Services resulting from the lack of the relevant update when you fail to install the update that we supplied to you.

3. Remedies. If the Services do not conform to the contract of sale and/or the statutory conformity requirements, you have the right to have the defect corrected. Your right to claim lack of conformity expires two (2) years after the termination of your Membership.

4. Cooperation. You are required to reasonably cooperate with us to assess whether the cause of a lack of conformity lies in your digital environment. If you do not provide such cooperation, the burden of proof of any conformity of the Services will lie with you.

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: 1 April 2024.

Version valid as of: 1 April 2024.