Although the contractual relationship associated with the products is solely between the user and the provider, the user acknowledges and accepts, in cases where this application was obtained via the Apple App Store, that Apple may enforce these terms and conditions as a third-party beneficiary.

This application is offered by:

Felix Benderoth
Klotzstraße 11
24118 Kiel

Provider's email address: info@fbathletic.de

“This application” refers to

• Applications for mobile devices, tablets and other “smart devices”;

• all applications, sample and content files, source code, scripts, command sets or software included as part of the service, as well as the associated documentation;

The most important information at a glance

• Please note that certain provisions of these Terms and Conditions may only apply to specific categories of users, for example, only to consumers or only to users who are not acting as consumers. Any such limitations on the scope of application will be explicitly indicated in each affected clause. If no such indication is given, the clause applies to all users.

• The right of withdrawal applies only to European consumers.

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How this application works

This application is merely a technical infrastructure or platform that enables interaction between users. The provider is not directly involved in such interactions between users.

TERMS OF USE

Unless otherwise stated, access to this application is subject to the terms and conditions listed in this section.

Individual or additional terms of use or access may apply under certain circumstances and will be expressly stated in this document in such cases.

By using the service, users confirm that they meet the following conditions:

• Users can be consumers or business customers;

• Users are not located in a country that is subject to a US government embargo or has been designated by the US government as a “country supporting terrorism”;
• Users are not listed on any list of prohibited or restricted parties of the US government;

Account creation

To use the service, users must register or create a user account by providing all required data or information completely and truthfully.
The service is only available to registered users.

The user is responsible for ensuring that their login credentials are kept confidential and secure. Therefore, the user must also choose a password that meets the highest security requirements possible with this application.

By registering, users agree to be responsible for all actions that occur in connection with their username and password.
Users are obliged to inform the provider immediately and unambiguously via the contact details provided in this document if they believe that their personal information, including user accounts, access data or personal data, has been violated, unlawfully disclosed or stolen.

Conditions for creating a user account

Creating a user account is subject to the following terms and conditions. By registering, the user agrees to comply with these terms and conditions.

• The creation of user accounts by bots or other automated methods is not permitted.

• Unless otherwise stated, each user may only create one account.

• Unless explicitly permitted, a user account may not be shared with other people.

Termination of user account

User accounts can be deleted at any time as follows:

• Using the account deletion function available through this application.

• By contacting the provider directly using the contact details provided in this document.

Blocking and deleting the user account

The provider reserves the right to block or delete user accounts at any time and without prior notice in the following cases at its own discretion:

• The user has violated these terms and conditions; and/or

• The user's access to this application or use of the service may cause harm to the provider, other users, or third parties; and/or

• The user's use of the service could violate legal regulations or ordinances; and/or

• in cases of prosecutorial investigations or other official proceedings and orders; and/or

• The provider may, at its sole discretion, deem the content or use of the account inappropriate, offensive, or in breach of contract.

The blocking or deletion of the user account does not give rise to any claims for damages, indemnification or reimbursement by the user.
The blocking or deletion of the user account for reasons attributable to the user does not release the user from the obligation to pay agreed fees or prices.

Content available through this application

Unless otherwise stated or clearly indicated, all content available through this application is the property of the provider and is provided by the provider or its licensors.

The provider makes every effort to ensure that the content provided through this application does not violate applicable laws or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are requested to preferably address their complaints to the contact details provided in this document. This does not affect the right to pursue any claims (out of or in court).

Rights to the content available through this application

All rights to the content are reserved by the provider.

Users may only use the content to the extent necessary for the proper use of the service or – even implicitly – intended.

Users are specifically prohibited from reproducing, downloading, distributing beyond the limits defined below, editing, translating, modifying, redesigning, publishing, transferring to or from third parties, selling or licensing the content, and enabling third parties – even without the user's knowledge – to perform the aforementioned actions via their own device.

Where expressly indicated in this application, the user may download, reproduce and/or distribute selected content available through this application for exclusively personal and non-commercial purposes, provided that the copyright notices and any other notices required by the provider are correctly affixed.

Legal restrictions or exceptions remain unaffected.

User-generated content

Users have the option to upload, share, or provide their own content to this application.

By uploading, sharing, or providing their content as described, users assure that they are authorized to do so and that they are not violating any legal regulations or third-party rights.

Rights to user-generated content

By uploading their own content to this application, users grant the provider a non-exclusive and royalty-free right to use and process the content in order to operate and maintain this application as contractually agreed.

To the extent permitted by law, users waive the exercise of any moral rights in connection with the content transmitted to this application.

Users acknowledge, accept and confirm that all content they provide through this application is made available under the same general terms and conditions applicable to other content provided through this application.

Liability for user-generated content

Users are responsible for the content they upload to, publish, share, or make available through this application. Users acknowledge and accept that the provider does not filter or moderate such content .

The provider therefore reserves the right to remove, delete or block such content at its own discretion and to deny the uploading user access to this application without prior notice:

• if a (alleged) violation of these terms, of third-party rights or of applicable law based on such content becomes known;
• when an infringement of exclusive intellectual property rights is reported;
• when a report is received alleging a violation of the personal rights of third parties, including a violation of their privacy;
• due to an official order; or
• if the provider is notified that the availability of the content via this application may adversely affect users, third parties and/or the availability of the service.

Due to the removal, deletion, or blocking of content, the user responsible for the affected content shall not be entitled to any claims for damages or reimbursement.

Users agree to indemnify the provider against any claims and/or damages arising from or in connection with content they provide through this application.

Removal of content from parts of this application that are available through the App Store.

If the disputed content is deemed unlawful, it will be removed within 24 hours and the responsible user will be denied access to the service.

Access to external resources

Users may be able to access external resources provided by third parties through this application. Users acknowledge and accept that the provider has no control over such resources and is therefore not responsible for their content or availability.
The conditions under which such resources provided by third parties are available and under which rights of use to such content may be granted are set out in the contractual provisions of each third party or, alternatively, in the applicable legal provisions.

Permitted use

This application and service may only be used as intended and in accordance with these Terms and Conditions and the applicable legal regulations.

Users are responsible for ensuring that their access to this application and/or their use of the service does not violate any legal regulations, ordinances or the rights of third parties.

Therefore, the provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying users access to this application or service, terminating contracts, and reporting objectionable actions taking place through this application or service to the relevant authorities – such as judicial or administrative authorities – if users are proven or suspected to have:

• violate legal regulations, ordinances or these terms and conditions; or
• Infringe the rights of third parties; or
• significantly impair the legitimate interests of the provider; or
• Insult the provider or a third party.

API Terms of Use

Users can access their data relating to this application via the API interface. Any use of the API, including use of the API by a third-party product/service, is subject to these Terms and Conditions and the following additional terms:

• The user acknowledges and expressly accepts that the provider is not liable for any damages or losses resulting from the user's use of the API or the use of third-party products/services that access data via the API.

TERMS AND CONDITIONS OF SALE

Provision of personal data

In order to access or obtain some of the products provided through this application as part of this service, users may be required to provide their personal data in accordance with the requirements specified on this application.

Products that require payment

Some of the products available through this application as part of the service are subject to a fee.

Prices, terms and conditions applicable to the purchase of such products are described below. For further information, please refer to this application and the relevant sections.

To make a purchase, users must register or log in via an existing user account.

Product description

Prices, descriptions and availability of the products can be viewed in the relevant sections of this application and are subject to change without notice.

Although products are presented with the utmost technical care via this application, representations of any kind (including graphic representations, images, colors, sounds) serve only as a reference and do not constitute a guarantee regarding the properties of the purchased product.

The features of the selected product will be explained during the purchase process.

Purchase process

All steps from selecting a product to placing the order are part of the purchasing process.

The purchase process includes the following steps:

• The user selects the desired product from the range and checks their own product selection.
• After reviewing the product selection details, the user can place the order by submitting it to the provider.

Placing the order

When the user places an order, the following applies:

• The contract is concluded upon placement of the order. Therefore, placing the order obligates the user to pay the purchase price, taxes, and any other fees and expenses as specified on the order page.
• If information is required from the user, such as personal information or data, specifications or special requests, the placement of the order creates an obligation for the user to cooperate accordingly.
• Users receive an order confirmation after placing their order.

All notifications relating to the described purchase process will be sent to the email address provided by the user for this purpose.

Prices

Users are informed during the purchase process and before placing the order about all fees, taxes and costs (including any shipping costs) they will have to bear.

The prices are displayed via this application as follows:

• including all applicable fees, taxes and costs.

Offers and discounts

The provider may offer discounts or special offers for the purchase of products. Such offers and discounts are always subject to the terms and conditions listed in the relevant section of this application.

Offers and discounts are always granted at the sole discretion of the provider.

Repeated or recurring offers or discounts do not establish any claims/titles or rights that users may assert in the future.

Depending on the circumstances, discounts or offers may only be valid for a limited time or while supplies last. If an offer or discount is time-limited, the timeframes refer to the provider's time zone, unless otherwise stated. This can be found in the provider's information in this document.

Coupons

Offers or discounts may be based on coupons.

In the event of a breach of the terms and conditions applicable to coupons, the provider may lawfully refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or differing rules for the use of the coupons that can be found on the relevant information page or on the coupon itself shall always take precedence.

Unless otherwise stated, the following rules apply to the use of coupons:

• Each coupon is only valid if it is used in the manner specified on the website and/or in the coupon and within the specified period;
• A coupon can only be used in full and at the time of purchase – partial use is not permitted;
• Unless otherwise stated, single-use coupons may only be used once per purchase and can therefore only be used once even in installment purchases;
• Coupons cannot be used cumulatively;
• The coupon can only be redeemed within the period specified in the offer. After this period expires, the coupon automatically becomes invalid and excludes any possibility of asserting any rights arising from the coupon, including a cash payment.
• The user is not entitled to a credit/refund/compensation if there is a difference between the value of the coupon and the value redeemed;
• This coupon is intended solely for non-commercial use. Any reproduction, imitation, or commercial distribution of the coupon is prohibited, as are any illegal activities related to the purchase and/or use of the coupon.

Payment methods

Information on accepted payment methods will be provided during the purchase process.

Some payment methods may only be available subject to additional terms or fees. In these cases, you will find the relevant information in the corresponding section of the service (this application).

All payments are processed through third-party providers. Therefore, this application does not collect any payment information – such as credit card details – but only receives a notification when the payment has been successfully completed. Users can read this application's privacy policy to learn more about data processing and their rights regarding their data.

If payment via the available methods fails or is declined by the payment provider, the seller is not obligated to fulfill the order. In the event of a failed or declined payment, the seller reserves the right to claim all associated costs or damages from the user.

Purchase via the App Store

This application, or certain products sold through this application, must be purchased from a third-party app store. Users must follow the instructions of the respective online store (e.g., "Apple App Store" or "Google Play"), which may vary depending on the device used.

Unless otherwise stated, purchases made through third-party online shops are also subject to the terms and conditions of those third parties, which always take precedence over these terms and conditions in the event of any discrepancies or conflicts.

Users who make purchases through such third-party online shops must therefore carefully read and accept these terms and conditions.

Retention of title

Ownership of the ordered products only passes to the user upon receipt of the full purchase price by the supplier.

Maintaining usage rights

Users do not acquire any usage rights to the purchased product until the provider has received the full purchase price.

Contractual right of withdrawal

The provider grants users a contractual right to withdraw from the contract within 15 days of its conclusion, subject to the conditions described in the respective section about this application.

Delivery

Provision of digital content

Unless otherwise specified, digital content purchased through this application will be transferred via download to the devices chosen by the users.

Users acknowledge and accept that the device(s) and software (including operating systems) intended for downloading and/or using the product must be legal, widely used, up-to-date, and comply with current market standards.

Users acknowledge and accept that the ability to download the purchased product may be limited in time and location.

User rights

Right of withdrawal

Unless exceptions apply, the user may cancel the contract within the period specified below (usually 14 days) without giving any reason. This section provides users with more information about the cancellation policy.

For whom does the right of withdrawal apply?

Under EU law, European consumers have a statutory right of withdrawal for contracts concluded online (distance contracts). They can cancel the contract within the applicable period for any reason and without justification. This right of withdrawal applies unless exceptions are listed below.

The rights set out in this section do not apply to users who are not acting as European consumers. The consumer is only liable to the seller for any diminished value of the goods resulting from handling the goods beyond what is necessary to establish their nature, characteristics, and functioning.

Exercising the right of withdrawal

To exercise his right of withdrawal, the user must send the provider an unambiguous declaration stating his decision to withdraw.

For this purpose, users can use the model withdrawal form found in the "Definitions" section of this document. However, users are free to express their decision to withdraw by means of an unambiguous statement in another suitable manner. To comply with the deadline for exercising this right, the user must submit the withdrawal notice before the withdrawal period expires.

When does the cancellation period expire?

• When purchasing digital content that is not provided on a physical medium , the cancellation period ends 14 days after the day of the conclusion of the contract, unless the user has waived the right of cancellation.

Effects of the revocation

Users who properly cancel a contract will be refunded all payments made to the provider, including delivery costs if applicable.

However, the provider is not obliged to reimburse additional costs if the user has chosen a different type of delivery than the cheapest standard delivery offered by the provider.

The refund will be issued immediately, but no later than 14 days after the provider is informed of the user's decision to withdraw from the contract. The provider will issue the refund using the same payment method the user used for the original transaction, unless expressly agreed otherwise with the user. In any case, the user will not incur any costs or fees as a result of the refund.

Legal guarantee of conformity for digital products under EU law

Under EU law, traders must guarantee the conformity of the digital products they make available to consumers for a period of at least 2 years from delivery, or, in the case of digital products that are supplied continuously for a period of more than 2 years, for the entire delivery period.

If users are considered European consumers, the statutory guarantee of conformity for the digital products available on this application applies in accordance with the laws of the country in which they have their habitual residence.

The national laws of such a country may grant users further rights.

Loss of conformity claims relating to digital products

If the owner provides one or more updates for the purchased digital product, the user is obligated to install and/or implement all such updates according to the owner's instructions when requested. Failure to install or apply such updates may result in the loss of any claims of conformity with respect to the digital product.

Liability and indemnification

Unless expressly stated otherwise or agreed with the users, the provider's liability for damages in connection with the performance of the contract is excluded, limited and/or restricted to the extent permitted by applicable law.

EU users

indemnification

To the extent permitted by applicable law, the user agrees to indemnify and hold harmless the provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees from any and all claims or demands by third parties – including, but not limited to, attorneys' fees and costs – arising out of or in connection with a culpable breach of these Terms and Conditions, third-party rights or statutory provisions in connection with the use of the service by the user or its agents, officers, directors, agents, co-branders, partners and employees.

The foregoing also applies to all claims made by third parties (including, but not limited to, the owner's clients or customers) against the owner in connection with the digital products provided by the user, such as claims for defects.

Limitation of liability for user activities via this application.

The user acknowledges and accepts that the provider merely makes the technical infrastructure and functions available to the user on the service (this application).

The provider neither mediates nor moderates, promotes, or intervenes in interactions, agreements, or transactions between users. Therefore, it is not liable for such interactions between users. This includes the fulfillment of users' obligations.

Limitation of liability

Unless expressly stated otherwise and without prejudice to the applicable legal provisions, users have no right to claim damages from the provider (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, nor to damages resulting from the breach of essential contractual obligations, such as an obligation absolutely necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, provided that this application was used properly and correctly by the user.

Unless damages were caused intentionally or through gross negligence, or impair life, health or physical integrity, the provider is only liable up to the amount of damages that were typical and foreseeable at the time of conclusion of the contract.

Common provisions

No waiver

If the provider fails to assert a right or enforce a provision of these Terms and Conditions, this does not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.

Service interruption

To ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates, or other changes. Users will be informed appropriately.

Within the framework of legal provisions, the provider may also suspend or terminate the service entirely. In the event of service termination, the provider will give users the opportunity to back up personal data or information in accordance with applicable law and will take into account any claims by users under applicable law for continued use and/or compensation.

Furthermore, the service may be unavailable for reasons beyond the provider's control (so-called "force majeure") (e.g., infrastructure failures or power outages, etc.).

Resale

Users may not reproduce, duplicate, copy, sell, resell or exploit this application and service in any way without the express prior written consent of the provider, granted either directly or through a lawful reseller program.

Privacy Policy

To learn more about the use of their personal data, users can consult the service's (this application's) privacy policy.

Intellectual property rights

Without prejudice to more specific provisions of these Terms and Conditions, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights relating to the Service (this Application), are the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

All trademarks, names or images – and all other trademarks, trade names, service marks, word marks, illustrations, pictures or logos – appearing in connection with the service (this application) are and remain the exclusive property of the provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

Changes to these Terms and Conditions

The provider reserves the right to amend or otherwise modify these terms and conditions at any time. In this case, the provider will inform the user appropriately about these changes.

Such changes will only apply to the contractual relationship from the date communicated to the user.

By continuing to use the service, the user accepts the amended terms and conditions. If users do not wish to be bound by the changes, they must discontinue using the service and may terminate the contract.

If the revised terms and conditions are not accepted, either party may terminate the contract. For the relationship prior to the user's acceptance of the changes, the previously valid version of the terms and conditions applies. The user can obtain any previous version of the terms and conditions from the provider.

If required by law, the provider will inform users in advance about the effective date of the amended terms and conditions.

Assignment

The provider reserves the right, taking into account the legitimate interests of the user, to transfer, assign, replace by novation or pass on all rights and obligations arising from these terms and conditions.
The provisions regarding changes to the terms and conditions apply accordingly.

Users may not assign or transfer their rights or obligations under the Terms and Conditions in any way without the provider's written consent.

Contacts

All communications relating to the use of the service (this application) must be sent to the contact details provided in this document.

Severability clause

Should any provision of these Terms and Conditions be or become invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU users

Should any provision of these Terms and Conditions be or be deemed to be ineffective or invalid, the parties shall make every effort to reach an amicable agreement on valid and enforceable provisions and thus replace the ineffective, invalid or unenforceable parts.
Otherwise, the ineffective, invalid or unenforceable provisions will be replaced by the applicable statutory provisions, provided this is permissible or provided for under the applicable law.

Notwithstanding the foregoing, the invalidity, unenforceability, or unenforceability of individual provisions of these Terms and Conditions shall not render the entire agreement invalid, unless such provisions are essential to the contract or are of such importance that the parties would not have entered into the contract had they known of the invalidity of the provision. If the remaining terms would result in an unreasonable hardship for one of the parties, the invalidity of the individual provision shall render the entire agreement invalid.

Applicable law

These terms and conditions are governed by the law of the place where the provider is located, excluding conflict of laws rules. Users can find the location of the provider in the relevant section of this document.

Primacy of national law

However, if the law of the country where the user is located provides for a higher standard of consumer protection, then that higher standard applies.

Exception for consumers in Switzerland

If the user is classified as a consumer in Switzerland, Swiss law applies.

Exceção para Consumidores no Brasil

It is qualified as a consumer in Brasileiro and a product and/or service for commercialization in Brazil, which is subject to a Brazilian law.

Jurisdiction

The courts of the place where the provider is based – as indicated in this document – ​​shall have exclusive jurisdiction over all disputes arising out of or in connection with these terms and conditions.

Exception for European consumers

This does not apply to users acting as European consumers, nor to users in the United Kingdom, Switzerland, Norway or Iceland acting as consumers.

Exceção para Consumidores no Brasil

It is not a replica of a Brazilian user who qualifies as a consumer.

Dispute resolution

Amicable dispute resolution

Users can address any disputes to the provider, who will attempt to settle them amicably.

The user's right to take legal action remains unaffected. However, in the event of disputes concerning the use of the service (this application) or the service itself, the user is requested to contact the provider using the contact details provided in this document.

The user may send the complaint, including a brief description and, if applicable, details of the related order, purchase or account, to the provider's email address specified in this document.

The provider will process the request immediately, within 2 days of receipt.

Online dispute resolution for consumers

The European Commission has established an online platform for alternative dispute resolution, which offers an out-of-court procedure for resolving disputes relating to online contracts with consumers.

As a result, consumers in the EU, Norway, Iceland, or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform can be accessed via the following link .