ADICLUB TERMS & CONDITIONS

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 – LEVEL POINTS

8. USE/REDEMPTION OF POINTS TO SPEND

a. Vouchers

b. Money can’t buy products or experiences (“MCBP”)

c. Partner Offers

9. USE OF ACCOUNT

10. PERSONAL DATA

11. TERMINATION; EXPIRATION; CHANGES TO THE CLUB

12. DISCLAIMER AND LIMITATION OF LIABILITY

13. GOVERNING LAW AND JURISDICTION

14. MISCELLANEOUS

15. CONTACTING US

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

Welcome to adiClub (the Club), which includes a membership program and a subscription to the adidas Running App as further set out below. The Club is organised by adidas Singapore Pte. Ltd., whose registered address is 109 North Bridge Road, #09-21 Funan, Singapore 179097 (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 website terms and conditions, accessible at https://www.adidas.com.sg/help-topics-terms%5Fand%5Fconditions%5Ffor%5Fwebsite%5Fuse.html (Website Terms and Conditions);

• if you are using our official mobile application, the terms and conditions of, and the privacy policy applicable to, that application (App Terms and Conditions);

• if you are using the adidas Running app, the terms and conditions of, and the privacy policy applicable to, those apps, accessible at https://www.runtastic.com/terms AND on the app (adidas Running Terms and Conditions); and

• our Privacy Policy, accessible at https://www.adidas.com.sg/privacy%5Fpolicy.

Runtastic GmbH, Pluskaufstraße 7, 4061 Pasching, Austria (Runtastic) is a brand of adidas AG which operates the adidas Running App.

On 3 November 2022, adiClub became available in adidas licensed stores in addition to adidas operated stores. Please see Clause 10 of these Terms for more information.

Effective 20 September 2023, further changes were made to these Terms in relation to the Earning of Points, Level Points and Points to Spend. In addition to other minor changes, changes were made to Sections 3, 4, 5 and 7 and a new Section 8 was added.

Please read these Terms carefully.

1. ELIGIBILITY

To participate in the Club, you must be an individual of at least 18 years old and a legal resident of Singapore. By enrolling and participating in the Club, you confirm that you meet this eligibility requirement.

For a high-level summary of how to join the Club, how to earn points and available rewards for different Club levels, please visit https://www.adidas.com.sg/adiclub. 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 the adidas website at https://www.adidas.com.sg/account-register, on the adidas mobile app, on the adidas Running App, or by scanning a QR code in adidas retail stores and following the prompts. 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 for using or purchasing gift cards or any other kinds of purchases adidas may explicitly exclude from time to time) that you make on the Singapore-version of our official website www.adidas.com.sg (the Website), the Singapore-version of our official mobile applications: the adidas App or the Confirmed App (together, the App) or in adidas retail stores in Singapore (the Stores) (together, the Eligible Channels). For every SGD 1 (including applicable GST) spent you will earn 7 Level Points and 7 Points to Spend.

adidas retail stores are:

* Discount vouchers are not redeemable at these stores

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 Points total.

In addition to earning Points for purchases, you can also earn Points or other rewards for certain interactions with us. These are set out at https://www.adidas.com.sg/adiclub and 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 a reward 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 a bonus on your birthday based on your level. This will be automatically credited to your membership account. Birthday bonus will be awarded only once during a calendar year.

• Run with adidas: You can earn Points when you participate in adidas Runners events.

• You can earn Points in the adidas Running app each time you track the distance of your run. When tracking runs, please note that Points will be given only to activities that can be tracked by GPS (e.g. we can't give Points to treadmill runs). Manual entries and edited activities are not eligible for receiving Points.

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 that could be earned, with or without prior notification to you. Please check our rules regularly.

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 that 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 (https://www.adidas.com.sg/help/sea-contact/contact-us) with the required proof to redeem the Points for your purchases or interactions within 30 days from the date of your purchase or interaction, and adidas has the sole discretion to determine whether the proof you provide is sufficient and whether to proceed with your request on the redemption of Points. Thereafter, we will not accept any further requests for Point redemptions for the same purchase or interaction.

To the extent permitted by law, we will not be liable for any delay or omission in the crediting of Points to your account for any reason whatsoever, including but not limited to technical faults, and inaccurate and/or incomplete information submitted by you.

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 particular 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. For example, if you earned Level Points on June 9, 2022, they will expire on June 30, 2023, unless adidas explicitly states otherwise. Level Points are not transferable 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 to Spend 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 – at 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 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 are not transferable 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 0-699 Level Points. You only 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 700 – 2,799 Level Points. Level 3 is for members with 2,800 – 6,999 Level Points. Level 4 is for members with 7,000 or more Level Points.

You can climb to the higher levels by accumulating the required number of Level Points mentioned above within 12 months from the end of the month of registration or current level entry (the Membership Year). Where applicable, multiple level upgrade is possible which will be based on your purchases and interactions with us. 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 (30 days) 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 next level below after the last day of the Membership Year. Returns can cause you to drop down multiple levels. For example, if you return an order or product, the Level Points earned will be deducted, which could cause you to drop a level by that number of Level Points.

6. LEVEL REQUALIFICATION

The requalification period starts on the exact date you upgrade or downgrade to a new level or maintain the current level, and ends 12 months later, always at the end of the month (unless you upgrade earlier before such end). Level Points earned after your last level entry will accumulate towards requalification points. The number of Level Points required for you to requalify for any higher level or your current level is equal to the minimum Level Point balance needed to enter that level.

After a level upgrade, your requalification Level Points will be set to 0. After a level-maintenance, your requalification Level Points will be set to the minimum Level Point balance needed to enter that level (700 for level 2, 2,800 for level 3 and 7,000 for level 4).

If you are in level 2, 3 or 4, and you do not earn enough Level Points to maintain your current level within the requalification period, you will be downgraded to the next level below, regardless of the number of requalification Level Points you have accumulated within the requalification period. The downgrade will take place after the last day of the requalification period, always at the end of the month. After a level downgrade, your requalification Level Points will be set to 0.

7. REWARDS – LEVEL POINTS

Entry and progress through each of the above-mentioned levels will unlock a set of new rewards for members as set out at https://www.adidas.com.sg/adiclub.

You will have access to the rewards in your current level and the levels below it. 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).

The lists of rewards for different Club levels are determined by us in our sole discretion. We reserve the right to change the rewards for different Club levels. The rewards offered are subject to availability. To the maximum extent permitted under applicable laws, we do not make any warranty or representation on any products or services offered as the rewards.

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 which may be offered under one or more of the levels:

• Discount Vouchers: These are single use discount vouchers that are unlocked when you upgrade to a new higher level or it’s your birthday (and you have provided us with that personal data). These will have limited validity periods which will be communicated to you on receipt of the discount voucher, and maximum discount values as 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, and they will not be redeemable at IMM, City Square Mall, Changi City Point, OG People’s Park and/or all Changi Airport retail stores. Other Eligible Channels exclusions may apply.

• Early access to product launches: You may get early access to certain adidas product launches. These may include Hype product launches and are 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 the adidas Running Terms and Conditions.

• Premium subscription to the adidas Running App: You will get a premium subscription to Runtastic Premium for the term indicated for your level, subject to acceptance of any applicable premium membership terms. Each subscription begins from the date the relevant voucher is activated with Runtastic Premium. For the avoidance of doubt, the subscription may be revoked if returning an order results in a level downgrade.

• Hype priority access: You may 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/promotions: You may receive early access to certain sales/promotions that we make available. The duration of early access may vary between sales/promotions and could also depend on which level you are in at the time of the sale/promotion. Our standard terms and conditions for sales/promotions 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 our discretion and at any time without notice.

8. USE/REDEMPTION OF POINTS TO SPEND

Points to Spend can be redeemed in a variety of ways, including but not limited to:

a. Vouchers

You may be entitled to use your Points to Spend to redeem a % off voucher (Redeemed Voucher). Every thirty (30) days and per membership account, you can redeem Points to Spend to get one Redeemed Voucher of every discount type. These will be valid for ninety (90) days from the date of redemption and can only be used once and on full price products, up to a maximum discount value of SGD500. No replacement will be given if lost or stolen, or if the Redeemed Voucher is not used within the validity period. The Redeemed 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 redeeming the voucher and when making a purchase with the Redeemed Voucher. Redeemed Vouchers will not be redeemable at IMM, City Square Mall, Changi City Point, OG People’s Park and/or all Changi Airport retail stores. Other Eligible Channels exclusions may apply.

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

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

For change of mind exchange or return of any products that you have purchased using a Redeemed Voucher, you will not be entitled to a refund of Points to Spend. To proceed with an exchange or return in accordance with our Returns Policy:

• for Redeemed Vouchers used on www.adidas.com.sg or on the adidas App:

  • for return of the entire order: please request a new Redeemed Voucher by contacting our adidas Customer Services here . Please note that only one replacement Redeemed Voucher will be provided; subsequent change of mind returns or exchanges of products purchased with a replacement Redeemed Voucher shall not be entitled to another replacement;

  • for return of part of your order: we will not replace the Redeemed Voucher and you will forfeit the discount enjoyed on the item returned;

• for Redeemed Vouchers used in participating retail stores: please visit the retail store at which you used the Redeemed Voucher to exchange your item.

b. Money can’t buy products or experiences (“MCBP”)

MCBP are products or experiences which are exclusive to members via Points to Spend redemption.

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

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 in Clause 3 above (for example, if you return a MCBP that you redeemed 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. Partner Offers

As and when available, you may be entitled to use your Points to Spend to redeem a voucher or product provided by another company (Partner Offer). These will have limited validity periods and maximum discount values, the details of which will be communicated to you on redemption and/or receipt. Certain exclusions may apply, and any additional terms and conditions will be presented to you when making a redemption. Partner Offers are subject to the terms and conditions of the company providing the Partner Offer. adidas is not responsible or liable for any loss, damage or injury suffered as the result of the use of a Partner Offer or your use of Points to Spend to redeem a Partner Offer.

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

d. Good causes

If and when made available to you, you may be entitled to use your Points to Spend to make a contribution to a good cause as further set out athttps://www.adidas.com.sg/adiclub. 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 Clause 15) of any unauthorised use of your password or account or any other breach of security. Any losses incurred or sustained by you in transmitting your personal data using your account shall be borne by you, and in no event shall any such losses in whole or in part be borne by us.

You agree that you shall not:

• access, use, reproduce, modify, download, sell, transfer, publish or otherwise make available your membership information of the Club for any commercial purposes;

• impersonate any person or falsely state or otherwise misrepresent your affiliation with any person or entity;

• do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Club;

• use your account and/or your membership of the Club for illegal purposes;

• gather and use the information and/or particulars posted or transmitted through your account, or otherwise via your membership for unsolicited advertising or unauthorised purposes;

• abuse your membership of the Club or use it 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 otherwise violates or infringes the rights of anyone else through our websites or apps); and/or

• transfer, sell or barter (or attempt to transfer, sale or barter) any of your rewards or member exclusive promotional offers.

10. PERSONAL DATA

You consent to us collecting, using, processing and disclosing your personal data in connection with your Club membership according to our Privacy Policy (as may be updated from time to time). Our Privacy Policy can be accessed at https://www.adidas.com.sg/help-topics-privacy%5Fpolicy.html.

Please note that some of the Stores are managed and operated by our licensee(s). In order for you to register, accumulate Points, redeem rewards or otherwise use or benefit from the Club in our adidas licensed stores, we need to disclose your Membership Administration Information to our licensee(s), and in return, our licensee(s) will need to disclose information on your purchases in their adidas stores to us. You agree to this collection, use, processing, transfer and disclosure of your personal data, including Membership Administration Information. Please note that our licensee(s) might collect, use or process your personal data for their own purposes, so please ask for and carefully read through their privacy policy. Our licensee(s)’ privacy policies do not constitute a part of our Privacy Policy, and they will be solely responsible for their own privacy policies and data use.

Membership Administration Information is any information related to your adiClub membership. This may include: email address, Member ID, first and last name, mobile phone number, member tier, tier achievement date, Points balance, discount coupons or vouchers available, acquisition source ID (where you signed up to our membership), your membership country, adiClub Member ID, date you became a member, store ID (if you signed up in a retail store including an adidas licensed store), membership Points, engagement history, rewards history, membership vouchers assigned to you.

11. 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, at our sole discretion, if we determine that you:

(a) are ineligible in accordance with Clause 1 above;

(b) have violated any of these Terms, any of the Website Terms and Conditions, any of the App Terms and Conditions, any of the adidas Running 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 or of your membership thereto (e.g. misuse of Points and/or rewards for any commercial purpose like resale).

Membership will terminate immediately upon a member’s death.

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. When restarting your Club membership, your previously-earned Points will not continue to your new Club membership.

To the fullest extent permitted by law, our decision on all matters and disputes concerning the Club and your membership shall be final and binding.

We may, in our sole discretion, 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 as well ashttps://www.adidas.com.sg/adiclub regularly to ensure that you understand the up-to-date terms/rules that apply in relation to your membership of the Club. Your continued participation in the program following such changes constitutes your acceptance of the changes. If we deem in our sole and reasonable discretion that any changes will materially adversely impact your membership rights, we shall give you a reasonable notice. Any such changes shall be effective from such date as determined and notified by us to you from time to time.

We reserve the right, at our sole discretion, to make determination on the termination or suspension of the Club. In such case, we will provide you with reasonable notice prior to the termination or suspension, as the case may be. Unless otherwise explicitly specified by us, your accumulated Points will expire upon the termination of the Club membership program.

You agree that you will not be entitled to any compensation in relation to any changes to the Club and/or these Terms, or termination or suspension of the Club membership program.

12. 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 CASE.

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 SGD100.

13. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of Singapore. In the event that any dispute arises under these Terms, or in relation to your membership in the Club, you and we both agree to submit to the non-exclusive jurisdiction of the Singapore courts.

14. MISCELLANEOUS

To the fullest extent permitted by applicable law, you shall indemnify us and keep us indemnified against any loss, damage, liability cost and expense (including legal costs and disbursements on a full indemnity basis), directly or indirectly arising from or relating to your misuse of your membership and/or breach of any of these Terms, including without limitation, if you commit any fraud or misrepresent any information supplied or to be supplied under these Terms.

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.

These Terms do not confer rights to a third party under the Contract (Rights of Third Parties) Act, the applicability of which is hereby excluded.

15. 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 clickinghttps://www.adidas.com.sg/help/sea-contact/contact-us.

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: 20 September 2023.

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

1.1. 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.

1.2. 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.

1.3. 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.

1.4. 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

2.1. 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.

2.2. 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.

2.3. 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

3.1. 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.

3.2. 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.

3.3. 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.

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

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

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

3.7. 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.

3.8. 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

4.1. 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

4.2. 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

7.1. 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.

7.2. 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.

7.3. 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

8.1. 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.

8.2. 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.

8.3. 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.

8.4. 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.

8.5. 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.

8.6. 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.

8.7. 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.

8.8 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.

8.9. 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.

8.10. 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.

8.11. 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

9.1. 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.

9.2. 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

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

10.2. 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.

10.3. 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.

10.4. 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: 9 March 2022

Version valid as of: 9 March 2022