General terms of use

1. Scope of the Terms of Use

1.1 These General Terms and Conditions ("GTC") apply between

Julian Thiers, Höhenweg 102, 53127, Bonn

and the users of the software offered by Julian Thiers for mobile devices "VOUM" - hereinafter referred to as "APP". These GTC govern the conditions for downloading and using the APP

1.2 Users are individual persons who wish to use the APP.

1.3 The version of the GTC valid at the time the contract is concluded shall apply.

1.4 The following GTC are aimed at consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

1.5 If the Contractor uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Subject matter of the contract; conclusion of the contract

2.1 The object of the contract is the provision of the VOUM APP in accordance with the provisions of these GTC.

2.2 The provision of various subscriptions constitutes a binding offer to conclude a contract. The contract of use in accordance with the GTC is concluded when the user selects a subscription after downloading the app and accepts the offer by pressing the "Press twice to pay" button. Immediately after completing the booking process, the user receives another confirmation by email.

2.3 The user assures that he/she is of legal age according to § 2 German Civil Code (BGB) at the time of the conclusion of the contract.

3. Contract language; contract text storage

3.1 The languages available for the conclusion of the contract are: German, English

3.2 The GTC can be accessed at any time at General Terms of Use and in the Apple AppStore. The text of the contract is not stored.

4. Fees, payment, subscription and automatic renewal

4.1 Payment is processed via the Apple AppStore.

4.2 Use of the app is subject to a fee. The costs are based on the respective information in the price lists.

4.3 We reserve the right to temporarily or permanently exclude individual payment providers. The payment methods specified in the Apple AppStore are generally available to the user. These can be accessed at https://support.apple.com/en-gb/HT202631.

5. Subscription, contract term, termination

5.1 The subscription to the app is subject to a fee and entails ongoing payments. The payment amounts are processed via the payment method you have specified. Payment is due for the first time at the time of booking and subsequently at the start of each new subscription period if it has not been canceled beforehand.

5.2 The subscription is concluded for a fixed term depending on the options you choose (monthly or annual subscription).

5.3 The term of a contract for the fee-based use of the service is automatically extended by the selected term if it is not terminated in due time.

5.4 The contract can be terminated by using the "Cancel now" function provided online with a notice period of 1 (one) day to the end of the term. Otherwise, the termination must at least be in text form.

5.5 If the user stops using the service before the end of the notice period, he will not be reimbursed for the costs of any unused remaining term of his contract.

5.6 We may terminate the contract without notice if the user is in arrears with the payment of the price or a not insignificant part of the price for two consecutive months or, in a period extending over more than two months, with the payment of a fee in an amount exceeding the fee for two months.

6. Access to the APP/use of the APP/user account/revocation rights

6.1 Use of the APP is subject to a fee and requires registration. The APP can be downloaded from the Apple AppStore (see also section 7 Usage requirements).

6.2 When using the APP, the user undertakes to provide truthful and complete information about himself/herself, contact details, curriculum vitae, etc., if and insofar as the use of the services of the APP requires such input.

In particular, the user is obliged to provide only such information that relates solely to his person. The use of third-party personal data is not permitted.

6.3 User account

The APP requires the user to create a user account. With the user account, the user has the option of agreeing to further contact for the purpose of further developing the beta version of the APP. The user is entitled to delete the user account created by him at any time. The contract shall continue to run for the agreed period. At the end of the contract period, EGT shall delete all of the user's personal data.

6.4 Right of withdrawal

Consumers have a 14-day right of withdrawal.

The right of withdrawal also expires (prematurely) if you have expressly agreed that we begin with the fulfillment of the contract before the expiry of the withdrawal period. You have confirmed your knowledge that your consent will cause your right of withdrawal to expire at the beginning of the fulfillment of the contract, and we have provided you with a confirmation.

Entrepreneurs are not granted a voluntary right of withdrawal.

7. Scope of services of the APP VOUM/evaluation of data/telemetry data

7.1 The app offers a mix of fitness and social media. Users can explore a large exercise library, create personalized workouts, monitor their progress and compete with other users in friendly competitions. The user can share their training process with other users and be inspired by the progress of other users.

7.2 When you use our APP, data and information is automatically collected. The evaluation of this data enables us to further develop and improve the APP. Further information on the processing of this data can be found at Apple AppStore under [link available at launch].

8. Utilization requirements

8.1 The scope of the functions of the APP may vary depending on the operating system of the end device used. A description of the functions is listed in the respective Apple AppStore and can be viewed there by the user. Hardware and company hardware requirements for operating the APP on the respective end devices can also be viewed in the Apple AppStore.

8.2 We shall provide updates to the APP to the extent required by law in accordance with Section 327 f BGB. Further updates shall be made at our own discretion.

8.3 We have the right to change the APP at any time in a manner that is reasonable for the user. This includes, in particular, the qualitative improvement and further development of the APP in terms of technology and content.

8.4 We require a stable internet connection on the user's end device so that the user can use the current content of the app on the respective end device.

9. Rights of use

9.1 Rights of use of the APP

(a) By downloading the APP, the user acquires a non-exclusive and non-transferable license, limited in time to the duration of the installation, to download, install and use the APP on any compatible terminal device owned or controlled by the user. The right of use also includes any updates (updates, patches, etc.).

(b) The user acquires a simple and non-transferable right of use to the content accessed in the APP. The right of use entitles the user to download the content to his/her end device and to consume the content. It is limited to the period of use agreed for the respective content.

(c) The APP shall not be physically transferred to the customer. The customer may only use the APP for his own private purposes.

(d) The user is not authorized to make changes to the APP, decompile it, reverse engineer it, disassemble it, attempt to derive the source code, decrypt the source code, modify it or create derivative works of the APP or its content or reuse it in other software.

(e) The user shall not be entitled to any rights not expressly granted to the user above. In particular, the user is not entitled to use the APP beyond the agreed use. In particular, it is not permitted to reproduce, sell or transfer the APP for a limited period of time, in particular not to rent or lend it.

9.2 Obligations of the user for safe use

(a) The user shall take the necessary precautions to prevent the use of the APP by unauthorized persons.

(b) The user is liable for ensuring that the APP is not used for purposes that are racist, discriminatory, pornographic, endanger the protection of minors, politically extreme or otherwise unlawful or in breach of official regulations or requirements, or that corresponding data is created and/or stored.

9.3 Violation of the provisions of Section 9 (1) and (2) by the user

(a) If the user violates the provisions in Section 9 (1) or (2) or Section 10 (1) or (2) for reasons for which the user is responsible, we may block the user's access to the APP after prior written notification if the violation can be demonstrably remedied as a result.

(b) If the user unlawfully violates para. 2 lit. b, we are entitled to delete the data affected by this and to block access to the APP until the facts of the case have been clarified.

If the user continues to violate the provisions in paragraph 1 or 2 despite a written warning and is responsible for this, the contract may be terminated without notice and the user may be excluded from using the APP in the future.

9.4 Rights of use of the operator to the content uploaded by the user

The user grants Julian Thiers the non-exclusive right, unlimited in time, to use the content uploaded by the user comprehensively to fulfill and guarantee the scope of services of the VOUM APP described in § 4.

We shall not be liable for any infringement of third-party rights by the user if and to the extent that this infringement results from exceeding the rights of use granted under this contract. In this case, the user shall indemnify us against all third-party claims upon first request.

10. Data protection

10.1 The parties shall comply with the applicable data protection regulations, in particular those valid in Germany and the European Union.

10.2 If the user collects, processes or uses personal data of third parties, he warrants that he is entitled to do so in accordance with the applicable provisions, in particular those of data protection law, and shall indemnify Julian Thiers against claims by third parties in the event of a breach.

11. Restrictions on use

11.1 The use of the VOUM APP is exclusively for the private and professional purposes of the user.

11.2 The user is prohibited from using the VOUM APP for commercial purposes.

12. Liability

12.1 We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty and fraudulent intent
within the scope of a guarantee promise, if agreed
insofar as the scope of application of product liability law is opened up

12.2 In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

12.3 Otherwise, claims for damages are excluded.

13. Limitation of liability

13.1 We take the care normally expected of an APP provider when updating, selecting and maintaining the APP content. We assume no liability for the topicality, completeness and accuracy of the content provided, nor for its compilation and selection. This applies in particular to the training and job offers of third parties and to the evaluations created by artificial intelligence on the basis of the uploaded data.

13.2 If the availability of the APP is dependent on third-party services, we accept no liability for this availability.

14. Property rights

14.1 We reserve all rights to all content provided within the APP and the APP itself, in particular trademark rights and copyrights.

14.2 In particular, the compiled contents of the APP are database works specially created by us, specifically databases within the meaning of Sections 4 (2), 87a (1) German Act on Copyright and Related Rights (UrhG) and, where applicable, linguistic works pursuant to Section 2 German Act on Copyright and Related Rights (UrhG). The associated programs are also protected by copyright as code by §§ 69a ff. of the German Act on Copyright and Related Rights (UrhG).

15. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

16. Final provisions

16.1 German substantive law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

16.2 The place of performance shall be the registered office of Julian Thiers. The place of jurisdiction shall be governed by the statutory provisions.