General terms and conditions
1. Scope & definitions
Twaiv GmbH (hereinafter referred to as "us") provides you with an app for running training. The Trait app (hereinafter referred to as Trait) is available for the iOS and Android platforms. Trait is a registered trademark of Twaiv GmbH. As a user of the Trait App, we provide you with services which we explain in more detail in these general terms and conditions. Our general terms and conditions apply exclusively; conflicting or deviating terms and conditions of users of the Trait app can only become part of the contract if they comply with the content of our present general terms and conditions or if we expressly accept them in writing. This also applies if, despite knowledge of conflicting or deviating terms and conditions from you, we provide our services without reservation.
2. Service description
The Trait app essentially offers the following functions:
1. Personal profile with personal data as a basis for individual training plans
2. Preparation of training plans for different running distances and target times, taking into account the latest scientific findings
3. Importing training data from third-party services (including Garmin and Strava), evaluating and visualizing the data, deriving recommendations for action and creating statistics and fitness status
4. Content in the form of texts, images and videos about running and fitness
2.2 We reserve the right to change Trait app options and features at any time. This also includes features and options that are subject to a fee. The changes are usually intended to further optimize and improve the Trait app.
3. Liability and disclaimer
3.1
Your health is very important to us. Please ALWAYS consult your doctor regarding your sporting behavior. We and Trait are in no way a substitute for your doctor and take no responsibility for your actions. All content on our products, regardless of whether provided by ourselves, partners or users, is not a supplement or substitute for information provided by a doctor or pharmacist. By agreeing to these terms and conditions, you confirm that you, as a user, are exclusively responsible for your health.
3.2
We are expressly not responsible for the accuracy of our analyses, recommendations and training plans, as they are based on general models. The individual circumstances of individual people can differ significantly from the general models.
3.3
Twaiv GmbH is liable for damages in accordance with the statutory provisions for personal injury and for damage under the Product Liability Act. In accordance with legal provisions, we are also liable for damage caused by gross negligence. Liability against companies for subsequent damages, mere financial losses, loss of profit, damages arising from third-party claims is excluded.
4. Registration, conclusion of contract
4.1
By completing the registration in the Trait app by entering a valid email address, a password, acknowledging our privacy policy and accepting these general terms and conditions, you conclude a user contract with us for the Trait app services. After registration is completed, your personal user account will be created.
4.2
Your contract partner is Twaiv GmbH, our address and further data can be found in the legal notice.
4.3
We reserve the right to reject users without giving reasons. In this case, the data already transmitted will be deleted immediately.
5. Misuse
5.1
You must protect your account from unauthorized access and misuse. If there is or suspicion of abusive or fraudulent use, please contact us immediately ([email protected]).
5.2
We will not refund any charges until the unauthorized access or misuse has been reported to us. We reserve the right to close your account as soon as you have notified us of any misuse or fraudulent use of your account.
6. Remuneration and Payment
6.1
The Trait app is free to use, but there is a fee for certain functionalities. This fee is to be paid via Apple App Store, Google Play Store or another accepted payment method.
6.2
Payment concludes a subscription. We offer various subscriptions, which vary in duration and price. The respective prices can be viewed in the app stores.
6.3
Each subscription period must be paid in full in advance. As soon as the subscription period reaches its end, it is automatically extended for exactly that subscription period with the standard price, i.e. not with a promotional or promotional price.
6.4
The subscription can be canceled at any time via the respective app store. Fees that have already been paid will not be refunded by us.
6.5
We reserve the right to change the prices for subscriptions or to charge for free features at any time. Conversely, we can also offer paid functions free of charge, although in this case we will not refund any fees already paid.
6.6
We may offer special offers that may have additional terms or restrictions. These special promotions and offers cannot be transferred from one user to another user.
7. Availability
7.1
We do not guarantee that the Trait app and underlying services will be available at all times, completely and without errors.
7.2
We reserve the right to discontinue our services at any time and without specific deadlines without further justification. Fees already paid will not be refunded in this case.
8. Termination
Every user has the right to cancel the use of Trait at any time by deleting the user account in the app, or by sending an email to [email protected]. Any ongoing subscription must be canceled via the respective app store. A termination will result in the user account and all personal data submitted being deleted, as described in the privacy policy.
9. Obligations of the user
9.1
Every Trait user is committed to:
1. Handle personal data, in particular login details, carefully and not to grant any third person access to your own data.
2. Not to store, publish, transmit and distribute racist, insulting, discriminatory, defamatory, sexual, violent or other illegal content.
3. To refrain from interfering with the Trait Network, including the Trait products, using technical or electronic tools, in particular hacking attempts, brute force attacks, injecting virus/worms/Trojans and other attempts to interfere with Trait's software.
4. To regularly back up important personal data yourself externally, e.g. on storage media, hard drives or in the cloud. We are not responsible for lost or damaged data.
9.2
Depending on the seriousness and nature of the offense, breaches of obligations may result in a warning up to and including the exclusion of the use of Trait. An exclusion also results in the deletion of the customer account, including all data. The excluded user may no longer register again.
10. Privacy policy
We process your personal data exclusively for the purpose of providing Trait App services and will not use your personal data for any other purpose. For details, please refer to the privacy policy, which can be accessed at https://trait.club/privacy at any time.
11. Miscellaneous
11.1
These terms and conditions and all contracts concluded between us and the user including these terms and conditions are governed by the laws of the Federal Republic of Germany, excluding conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods.
11.2
We reserve the right to amend these terms and conditions from time to time in order to be able to respond appropriately to changing legal frameworks, economic conditions or user interests, among other things. Amendments and additions to these terms and conditions must be made in writing. This also applies to an amendment or cancellation of this written form requirement.
11.3
In the event of minor changes to these terms and conditions (for example, a change in law that requires us to change these terms and conditions), we can simply make the new terms and conditions available in the app and on the website. If there are significant changes to these terms and conditions that adversely affect the user, we will obtain your express consent to the changes in the app or will inform you at least two weeks before the changes take effect by sending an email to the address provided during registration
11.4
Should individual provisions of these terms and conditions be or become invalid or unenforceable or contain a gap, the remaining provisions shall remain unaffected. The parties agree to replace the ineffective or unenforceable provision with a valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision or fills this gap.
11.5
As part of the regulation on online dispute resolution on consumer matters, an online dispute resolution platform from the EU Commission is available at http://ec.europa.eu/consumers/odr/. We would like to point out that we are required by law to provide this notice, but are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.