Terms of Use

Terms of Use

“Get Your Coach“

a Service of

Get Your Coach (Inh. Alexander Bünger)

Manfred-v.-Richthofen-Straße 12

12101 Berlin

General Provisions

Welcome to Get Your Coach. Get Your Coach is the community app (hereinafter also referred to as “Get Your Coach App”) where you, as a user interested in sports, can search for a personal/individual trainer (also referred to as “coach”) or, as a coach of any sport, offer coaching to users interested in sports. With Get Your Coach we want to simplify the training experience for all users in the community, make it more diverse and especially accessible. All services and features of our Get Your Coach App can also be found in our service description at https://getyourcoach-app.de/. 

  1. General & Applicability

 

  • These General Terms of Use (“Terms of Use”) apply with respect to the services of Get Your Coach, Alexander Bünger, e.K., Manfred-v.-Richthofen-Straße 12, 12101 Berlin, Germany (hereinafter also referred to as “we” or “Get Your Coach”), which we provide to you as a user (hereinafter referred to as “user” or “you”) in the context of the use of our Get Your Coach App.
  • These Terms of Use apply regardless of whether you are a consumer, entrepreneur or merchant. Some special features apply to consumers, which we may refer to in these Terms of Use at the appropriate places. You are a consumer if you act as a natural person, conclude legal transactions, i.e. in particular contractual agreements between you and us, for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity (§ 13 BGB – German Civil Code). You are an entrepreneur if you act as a natural or legal person or as a partnership with legal capacity and, when concluding legal transactions, act in the exercise of your commercial or self-employed professional activity (§ 14 BGB – German Civil Code).
  • Your terms and conditions, should you have any, shall not apply, regardless of whether you expressly refer to them or we do not expressly object to them. Your terms and conditions will only become part of the contracts concluded between us if we expressly agree to your terms and conditions.
  • Our Get Your Coach App is available to users and coaches interested in sports as well as to professional and commercially acting coaches (hereinafter all aforementioned and thus all users of the Get Your Coach App also summarized as “users”). Users can create their own profile in the Get Your Coach App. For professional coaches who would like to place advertising services in our Get Your Coach App, our regulations on services subject to remuneration from section 11 below also apply.
  1. Use of Get Your Coach App & Registration

 

  • In order to access our Get Your Coach App, you must first download and install the App from the relevant Apple App Store or Google Play Store (hereinafter also referred to collectively as the “App Store”). This requires the existence of an account for the App Store.
  • By downloading the App from the App Store, you receive the personal, limited, single, temporary and non-transferable right (=”License”) to install the Get Your Coach App on your mobile devices. This License applies to all mobile devices linked to your App Store account.
  • To use our Get Your Coach App, you must register as a user.
  • Your registration as a user is free of charge in any case. For your registration as a user, you must be legally competent and a natural person. This means that you must be at least 16 years old. If you have not yet reached the age of 16, you need the consent of your legal guardian or legal representative to use our Get Your Coach App. Furthermore, you may not impersonate someone else or provide inaccurate or false information.
  • To register, you must fill out the registration form provided in our app completely and truthfully and send it to us. Your username must not infringe the rights of third parties or offend common decency. Therefore, it is best to choose a username that sounds good, describes you, but does not offend others. If we give you the opportunity to post a profile picture, only natural persons or a logo are to be depicted on it. We are entitled to request written proof to verify your data or to reject user names.
  • By submitting the registration form, you make a binding offer to us to conclude a user contract for a free basic version of our Get Your Coach App. This user contract is concluded by the confirmation of the registration and the activation of your user profile by us. As a user, you may only register once.
  1. Rights of Use

 

  • With your registration, you receive a simple, non-exclusive right to use our Get Your Coach App, limited in time and space for the duration of the respective user contract of the Get Your Coach App. This means that you may use the Get Your Coach App with all features available to registered users for as long as you are registered as a user of the Get Your Coach App.
  • You are not entitled to exhibit, publicly reproduce, in particular make publicly available, edit, redesign, translate, decompile or otherwise transform our Get Your Coach App and its features. Your rights under §§ 69d para. 3, 69e UrhG (German Copyright Code) remain unaffected. In short, this means that only we as the app provider are entitled to provide the features of our Get Your Coach App to our users. You may not simply copy and redistribute them.
  • The Content of our Get Your Coach App and its features are our exclusive property or our exclusive rights ownership or the rights ownership of our respective licensors. Our Content is protected by national and international law, in particular copyright law. Unauthorized distribution, reproduction, exploitation or other infringement of our intellectual property rights and copyrights will be subject to civil and/or criminal prosecution.
  1. Community Guidelines

 

  • For all publications of images, videos, texts, services, other details and information in the Get Your Coach App (hereinafter also referred to as “Content”), you must observe the following provisions in particular:
    • You own the Content or have all licenses, rights, consents, permissions and authority necessary to authorize us to use your Content in accordance with the Terms of Use,
    • Your Content does not infringe or otherwise violate the intellectual property rights or other rights of any third party,
    • You have the necessary qualifications, credentials, and expertise (including the necessary education, training, qualifications, certifications, and skills) to create Your Content, to provide information or advice as a Coach, and to operate Your business, if applicable,
    • You will not post any inappropriate, offensive, racist, inflammatory, sexist, pornographic, false, misleading, inaccurate, infringing, defamatory or libelous Content,
    • You will not post or transmit any unsolicited or unauthorized advertisements, promotional materials, unsolicited or spam messages, or any other solicitations (commercial or otherwise) within Your Content for the other users.
  • You grant us, free of charge and worldwide, all rights of use to your Content that we need to display, distribute, make available to other users, or market it as part of the features of the Get Your Coach App. For the features of the Get Your Coach App, feel free to take a look here.
  • We may review any registration process and any posting of Content prior to publication. This review refers to the seriousness of your Content, the ownership of the corresponding rights of use to your Content as well as its quality. If we determine during the review that you do not meet the requirements of the Get Your Coach App, the legal consequence of section 4 paragraph 7 applies.
  • You are obligated not to use your terminal device or the App Store account, the login name or the password of another user without authorization under any circumstances. If a third party uses your App Store account after having obtained your access data, e.g. because you have not adequately secured them against unauthorized access, you shall be responsible for all damages resulting therefrom and shall be liable as if you had caused such damages yourself.
  • You must inform us immediately as soon as you become aware that unauthorized third parties know the access data to your App Store account or that unauthorized third parties are using your end device. We point out that access data should be changed regularly for security reasons.
  • When using the Get Your Coach App, you are prohibited from:
    • violate third party property rights such as trademarks, copyrights and rights to a name,
    • harass other users and third parties,
    • Use measures, mechanisms or software in connection with the App that may interfere with the function and operation of the App,
    • Take any action that may place an unreasonable or excessive load on the technical capabilities of the Get Your Coach App,
    • Block, override or modify any of Our features,
    • add elements to the Get Your Coach App or change, delete or otherwise modify elements of the Get Your Coach App,
    • copy, extract or otherwise use graphic elements or attempt to decompile the source code of the Get Your Coach App (subject to § 69e UrhG),
    • Use tools that interfere with the operation of the Get Your Coach App (in particular so-called “bots”, “hacks”, etc.),
    • to obtain premium functions or other advantages, such as the systematic or automatic control of the Get Your Coach App or individual functions of the Get Your Coach App, by using third party software or other applications or to exploit program errors for one’s own advantage (“exploits”),
    • distribute commercial advertising for third-party products or programs in connection with the Get Your Coach App,
    • to use malicious or virus-infected documents, files, IT systems of third parties and data in connection with the Get Your Coach App,
    • use mechanisms, software and scripts beyond provided functionalities and interfaces, especially if this blocks, modifies, copies or overwrites our features, as well as
    • interfere with our features by altering data (§ 303a StGB), computer sabotage (§ 303b StGB), falsification of evidentiary data (§ 269, 270 StGB), suppression of evidentiary data (§ 274 StGB), computer fraud (§ 263a StGB), spying on data (§ 202a StGB), interception of data (§ 202b StGB) or other criminal acts.
  • We are entitled, provided that we give you legitimate reasons for doing so, to block or exclude you as a user of the Get Your Coach App and to extraordinarily terminate the contract concluded with you for the use of the Get Your Coach App if we receive repeated complaints about you or if you have repeatedly disregarded the provisions of these Terms of Use, other requirements communicated by us or compliance with statutory regulations. We will inform you immediately about the blocking or exclusion and give you the opportunity to comment. Before a complete block or a complete exclusion, we will inform you 30 days in advance, stating the relevant reasons. Provided that you remove the reason that led to the rejection, suspension or exclusion, we will consider a reinstatement in the Get Your Coach App.
  1. General

 

  • With the Get Your Coach App and its features, we merely provide you with a technical basis for the purposes to be depicted herewith by you as a user. We assume no responsibility for the actions performed with our Get Your Coach App, in particular not for the Content processed with our Get Your Coach App or for contracts and agreements that you enter into with other users, coaches and companies in, through or in connection with the Get Your Coach App. You are solely responsible for this. If you do not have sufficient authorization to enter into such contracts, for example because you are a minor, we strongly recommend that you obtain the consent of your legal guardians or other legal representatives before entering into such contracts with other users. If a third party makes a claim against us for actions for which you are solely responsible, you must indemnify us from any corresponding damages that can be traced back to your conduct that is contrary to the contract or the law.
  • For the use of the Get Your Coach App, the provisions of rental law apply. Maintenance measures such as troubleshooting, updates or further developments are part of our service obligations. Beyond the maintenance measures, the statutory rental defect warranty law shall apply.
  • Adjustments, changes and additions to our Get Your Coach App as well as measures that serve to identify and remedy malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
  • Links or functionalities in the Get Your Coach App may take you to third-party websites and software that are not operated by us and for which we are not responsible. Such links or functionalities are either clearly marked or recognizable by a change in the address line of the browser or a change in the user interface.
  1. Liability & Limitations

 

  • Our liability arising from the contract concluded between us, irrespective of the legal grounds, for your damages that do not result from injury to life, body or health, shall be limited in amount to the damages typically foreseeable at the time of the conclusion of the contract and on the merits to essential contractual obligations, insofar as the damage was caused by us or by a legal representative or a vicarious agent neither intentionally nor grossly negligently.
  • This limitation of liability shall not apply insofar as the damage is based on an intentional or grossly negligent breach of essential contractual obligations by us or by a legal representative or a vicarious agent. An essential contractual obligation is an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely.
  • You are fully responsible for contractual relationships concluded between you and other users via the Get Your Coach App. This applies in particular to contracts that come into being between users (in particular between athletes and coaches) or other third parties regarding corresponding services in the area of coaching. If claims are made against us by another user or a third party on the basis of such a contractual relationship, you must indemnify us against any resulting liability and claims at first request and reimburse us for reasonable costs of legal action.
  1. Term & Termination

 

  • The duration of the contract between us regarding the use of our Get Your Coach App is based on the version you have booked or the functions you have booked. The free contract in the basic version generally runs for an indefinite period. The terms of premium functions can be found in our pricing model.
  • The contracts between us regarding the use of the Get Your Coach App can be terminated with a notice period of 2 weeks to the end of the current month. In the case of paid premium functions, the cancellation must be sent to us in text form (by e-mail) or you can simply click on the “Cancel now” button in your user account. If you use the basic version, the cancellation will be done by deleting your user account. If you do not cancel, the contract for the premium functions will be extended by 1 month.
  • If, upon termination of a contract for the use of our Get Your Coach App, there are still performance obligations from other contracts between us and you or between you and other users or third parties, you must provide these independently of the termination of the contract for the use of the Get Your Coach App. In this respect, you are obliged to maintain the contractual relationship regarding the use of the Get Your Coach App as long as you still have to provide services via the Get Your Coach App.
  • For all other contractual relationships that arise through or in connection with the use of the Get Your Coach App or other services of Get Your Coach (coaching contracts, etc.), the provisions on contract duration and termination stated in the respective terms and contracts shall apply.
  • The right to extraordinary termination for good cause (§ 314 BGB) remains unaffected. An important reason for us exists in particular if (i) you seriously violate these Terms of Use, or (ii) you are in default with the payment of the costs for the use of chargeable services despite a reminder and a grace period for payment of at least two calendar weeks.
  1. Place of Jurisdiction

 

If you act as a company or are a merchant within the meaning of the HGB (German Commercial Code), our registered office is the place of jurisdiction for all disputes arising from this contract. In the case of contracts with consumers, the statutory provisions on the respective competent court shall apply.

  1. Online-Dispute Resolution

 

Information on online dispute resolution for consumers: We draw your attention to the possibility of online dispute resolution (so-called “ODR platform”). Consumers can use the ODR platform as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase or service contracts. The ODR platform can be accessed at the following link: http://ec.europa.eu/consumers/odr. We are willing to participate in the resolution of disputes via this ODR platform.

  1. Other

 

  • Should any provision of these Terms of Use be or become invalid or unenforceable, the remaining provisions of these Terms of Use shall remain unaffected, unless the omission of individual clauses would put a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.
  • Amendments and supplements to these Terms of Use and to the entire contract existing between us must be made in text form to be effective. Changes and additions to the contract that are (have to be) made by us due to changed legal or technical requirements for our service provision shall become effective if you do not object to a change in text form within one month after receipt of a change notification and we have informed you in advance of your right to object. If you object to the change, the contract shall continue to apply unchanged and we shall be entitled to extraordinary termination of the contract with one month’s notice to the end of the next calendar month. Changes and additions to the contract that we wish to make due to changed performance, compensation or other commercial or operational requirements will only become effective if you expressly agree to them. This consent can be given by clicking a consent button in the change notice (email or pop-up in the context of using our services) or in any other simple & transparent way provided by us to you. The text form also applies to an amendment of this form clause. The priority of individual ancillary agreements remains unaffected. The aforementioned deadlines do not apply and there is only a right to information about changes to the contract, provided that the changes are necessary to avert an unforeseen and imminent danger, to protect you from fraud, malware, spam, violations of data protection or other cybersecurity risks.
  • Both parties are entitled to transfer the contract to a company affiliated with them, a legal successor or a company taking over the respective services. They shall inform each other of this in text form prior to the planned transfer.
 
 

Paid Service

  1. Conclusion

 

  • A contract on the use of chargeable services of our Get Your Coach App, i.e. in particular the purchase of rights to advertisements and other advertising services in our Get Your Coach App (not on the services agreed within the scope of contracts concluded between you as users or between users and third parties) is concluded (subject to section 11.2 on the purchase of chargeable app and in-app purchases) as follows:
    • In our app you will find information about the content and costs of the chargeable services we offer. This information does not constitute an offer to conclude a contract for the use of our services.
    • Only by submitting the corresponding booking form do you make a binding offer to us to conclude a contract for the corresponding services.
    • Before submitting the booking form, we will inform you that the booking is subject to costs and give you the opportunity to take note of these terms of use.
    • Furthermore, before sending the booking form, we give you the opportunity to check your entries and correct them if necessary.
    • After sending the booking form, you will receive a confirmation of receipt of your booking from us to the e-mail address you provided. This confirmation of receipt also represents the acceptance of your offer to book the service.
    • In this e-mail or in a separate e-mail you will receive a contract confirmation together with all necessary information and documents from us (contract confirmation).
    • With the full payment of the purchased services you get immediate access to the services.
  • App- and In-App-Purchase:
    • The purchase and download of a paid app takes place in the app store (hereinafter referred to as “app purchase”). The app purchase is processed by the app store. The conclusion of the contract and the payment processing shall be governed by the terms and conditions of the App Store.
    • The purchase of premium functions may also be possible directly in the app (hereinafter referred to as “in-app purchase”). The processing of the in-app purchase is carried out by the app store. The conclusion of the contract and the payment processing are governed by the terms and conditions of the app store.
    • The “purchase” of an app and/or the purchase of premium functions basically only means the granting of a right to use it. The scope and duration of the granted right of use depend on the respective service (for the right of use, see above).
  1. Remuneration

 

  • You will be informed of the type and amount of payment for the purchased service during the booking process. It is due for payment within 14 days after receipt of a proper and verifiable invoice, which is usually sent together with the confirmation of receipt.
  • Payment of the fees for the booked services must be made to our bank account. This can be found in the enclosures to the confirmation of receipt. Payment can be made in particular via payment options provided by us.
  • We will inform you of the specific modalities for processing the purchase via one of the means of payment during the order process. We do not charge a separate fee for any of the mentioned means of payment.
  1. Revocation

 

  • If you use our services as a consumer, you can revoke the contract concluded between us for our services as follows:
  • Cancellation policy

You may revoke your contractual declaration in writing (e.g. letter, e-mail) within 14 days without giving reasons. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations pursuant to § 312 e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period.

The revocation is to be sent to:

Get Your Coach (Inh. Alexander Bünger)
Manfred-v.-Richthofen-Straße 12
12101 Berlin

E-Mail: info@getyourcoach-app.de
Phone: 0172 3138054

 

Consequences of revocation

If you effectively revoke the contract or individual bookings, we will reimburse you all payments that we have received from you within the scope of the revoked service/booking immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. In no case will you be charged for this repayment.

 

Special notes

The right of withdrawal expires as soon as the service to which the revoked booking refers has been performed. In the case of digital services, this is the case in particular with the activation and use of the chargeable features.

– End of the legal cancellation policy –

 

Sample cancellation form

(If you want to revoke the contract/service/booking, you can fill out this form and send it back to us. However, you are not obligated to comply with this form)

To:

Get Your Coach (Inh. Alexander Bünger)

Manfred-v.-Richthofen-Straße 12

12101 Berlin

E-Mail: info@getyourcoach-app.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)

Ordered on (*)/received on (*) ______________________________

Name of consumer(s) ______________________________

Address of the consumer(s) ______________________________

Signature of consumer(s) ______________________________

(only in case of notification on paper)

Date ______________________________

(*) Delete where inapplicable.

  1. P2B Rules

 

  • If you acquire rights to advertisements and other advertising services in our Get Your Coach App, the provisions set forth in this Section 14 shall also apply.
  • In the Get Your Coach App, you can book “advertising spaces” for a separate fee. By booking an advertising space, the placement of your profile or your offers and services is improved. You are responsible for the use and design of the advertising space or the advertisement. With the “advertising space” no insertions (e.g. CPM) can be guaranteed. If several users book advertising space, other users will be randomly shown the corresponding ad. The ranking of the placement of the advertising spaces booked by you is designed in such a way that each advertising banner appears on an equal footing with advertising banners booked by other users, often in the most relevant places in our Get Your Coach App within the framework of the booked advertising conditions.
  • If you have any complaints or questions about our policies and offers, you can contact us at any time at support@getyourcoach-app.de. We will attempt to resolve your complaint amicably within 30 days of receipt. If we are not able to resolve your complaint or question to an acceptable extent, we will offer you the opportunity, if you so wish in the individual situation, to engage in mediation with us and to clarify the complaint or question for you.

July 2022

 

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