Terms and Conditions for Users
These General Terms and Conditions (“GTC”) shall be deemed to be an agreement between you and us and shall govern the opportunity granted to you to use our online platform (“Platform”). Therefore, please read these GTC carefully and also take a look at our Privacy Policy and Withdrawal Policy.
For your registration, the use of the Platform and the demand of a video, you must be able to conclude legally binding contracts with Uthletix. If you are not yet of age, i.e. you have not yet reached the age of 18, we would like to point out that the consent of your legal representative may be required for the contractual relationship to become effective. Please inform yourself accordingly and obtain any required consent.
1. Introduction
1.1 Uth International GmbH, In der Aue 22, 51143 Cologne, Germany, registered in the Commercial Register of the Local Court of Cologne under HRB 113744 (“Uthletix” or “we”), operates a Platform on which amateur and professional athletes (“Coaches”) may upload educational Videos (“Videos”) created under their own responsibility and at their own expense.
1.2 The Videos shall contain training exercises of the sports practiced by the respective Coach with which the customers (“Users”) can improve their own athletic skills (Uthletix and the Users each individually the “Contracting Party” and collectively the “ContractingParties”). The User is solely responsible for the User’s individual learning success. Neither Uthletix nor the Coach can and will guarantee that the Videos will lead to an increase in the User’s performance. A specific success is not owed.
1.3 Users may demand the individual Videos via the Platform operated by Uthletix for viewing on their private (mobile) devices for a period of three (3) months each (the “Provision Period”) against payment of a fee determined for each Video (“Demand”). The Platform is accessed via the Uthletix website and any other services, whereby Users create an individual profile for the use of the Platform (“User Account”).
2. Scope
2.1 These GTC shall conclusively define the contractual business relationship between the Contracting Parties and shall apply to the entire contractual relationship between the Contracting Parties, unless expressly agreed otherwise by written agreement between the Contracting Parties.
2.2 The Videos offered by Uthletix on the Platform and other content entered and uploaded by the Coach, such as the titles of the Videos, information in the application for admission, their profile photo (collectively the “Other Content”) are intended exclusively for consumers. According to the statutory definition, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to a commercial nor to a self-employed professional activity. The creation of a User Account and the Demand of Videos or Other Content for trade or other commercial purposes is expressly prohibited. With the conclusion of the contract the User confirms to Uthletix to use the offered services exclusively for private use.
2.3 In each case, the version of these GTC that is valid when a Video is Demanded by the User shall be applicable.
2.4 Covenants, side agreements or other changes of the contract requested by the Coach are only valid upon explicit written confirmation by Uthletix. Unless Uthletix has agreed in writing in the individual case, conflicting or deviating conditions do not apply.
2.5 The contract is concluded in German or English.
3. Registration and Conclusion of the Contract
3.1 Prerequisite for the use of the Platform by a User is the one-time registration of the User by opening a User Account. Upon registration, the User is requested to accept these GTC and the applicable privacy policy. After registration, the User will be sent an e-mail for security reasons, asking him/her to confirm the registration. The registration process is then completed and the User Account is activated. The activation of the User Account results in the conclusion of a contract between the Contracting Parties.
3.2 Inadmissible in the context of registration are usernames that violate the rights of third parties, in particular name or trademark rights, or that are otherwise illegal or offend common decency. The User is obligated to truthfully and completely provide the data collected during registration. The User may not provide any data of third parties during registration.
3.3 The login data are individualized and may only be used by the respective authorized User. The User is obliged to keep his/her username and password confidential and to protect them from unauthorized access by third parties. In case of suspicion of misuse by a third party, the User will inform Uthletix immediately and support Uthletix in the clarification of any attacks on the Platform, as far as it is possible for the User. In case of abuse or suspicion of abuse, Uthletix is entitled to (temporarily) block the access of the User to prevent further abuse. Uthletix will inform the User about the blocking. Uthletix does not assume liability for damages caused to a User by misuse of the login data by third parties. A liability of Uthletix according to the provisions of Section 8 remains unaffected.
3.4 The User can Demand individual Videos against payment of the respective fee. In each case, a contractual relationship is established in accordance with these GTC when the User clicks on the “Demand now subject to a fee” button and has successfully entered or confirmed his/her payment information. Until then, the User can view and change the data at any time and correct input errors.
3.5 The contract text is not stored by Uthletix. The specific Demand data of the User are stored at Uthletix and can be viewed by the User in the User Account. In the User Account, the User can view data about his/her completed, open and recently Demanded Videos.
4. Services and Obligations of Uthletix
4.1 Upon successful registration in accordance with Section 3 Uthletix makes the Platform available to the User for use in accordance with the contract.
4.2 Uthletix undertakes to operate a functional Platform including the promised services and functionalities, to maintain, service and update it and to provide access to suitable Coaches.
4.3 However, there is no obligation on the part of Uthletix to offer the Platform in the current form and/or for a certain period of time. Uthletix endeavors to ensure an annual average availability of the Platform of 98 %. A continuous availability of the Platform cannot be guaranteed, in particular with regard to necessary maintenance work or other necessary interventions in the operation of the Platform. During the performance of necessary maintenance work or other necessary interventions in the operation of the Platform, which temporarily impair the availability of the Platform, the obligations under Sections 4.1 and 4.2 are suspended. A single interruption may not continue for more than 48 hours.
4.4 If a Video is Demanded by the User, the User can Demand the respective Video as often as desired within the Provision Period via a link. A return, cancellation or revocation of the Video after Demand is excluded. The User confirms with the Demand of a Video that Uthletix has already started with the fulfillment of the contract before the expiration of the withdrawal period according to Section 10 in connection with the withdrawal policy and that the User is aware of the expiration of his/her right of withdrawal according to Section 10.2. Uthletix will send the User a confirmation of the expiration of his/her right of withdrawal by e-mail together with the confirmation of the contract.
4.5 After expiration of the Provision Period, the link loses its validity, so that the User can no longer access the respective Video. A Video does not need to be cancelled.
5. Obligations of the User
5.1 The User is only allowed the own, private use of the Videos for the purpose intended by Uthletix with the Platform according to Section 1.2 namely to present training exercises to the User with which he/she can improve his/her own athletic skills. In particular, the User is not entitled to watch the Videos together with third parties or to distribute, upload, publish or otherwise make the Videos available to the public in any way and in any form known or unknown at the time of the conclusion of the contract against payment or free of charge. The same applies to the reproduction, distribution or sale, electronic modification, production of derivative works and other actions, which could damage the services of Uthletix.
5.2 The User undertakes to refrain from all measures that endanger or disrupt the functioning of the Platform and not to access data to which he/she is not entitled. Furthermore, the User must ensure that the information and data transmitted via the Platform are not infected with viruses, worms, Trojan horses or other harmful content.
5.3 The User will indemnify Uthletix on first demand from all claims third parties may have against Uthletix because of the violation of their rights due to the non-observance of the obligations under the above Section 5 by the User, provided that the User is responsible for this (i.e. has acted negligently or intentionally). In this regard, the User shall also bear the costs of Uthletix’s legal defense, including all court and attorneys’ fees.
5.4 In the event of a violation of the provisions set forth in Section 5 Uthletix has the right to (temporarily) block the User Account. In addition, Uthletix is entitled – regardless of any statutory rights of termination – to terminate the User Account without notice. If possible, Uthletix will inform the User about the reasons of an intended measure according to this Section 5.4 and give the User the opportunity to comment on this in advance. In any case, Uthletix will subsequently inform the User about the measure taken according to this Section 5.4 stating the reasons and give him/her the opportunity to comment.
6. Prices and Payment Terms
6.1 For each Video that the User Demands on the Platform, the User pays a fee to Uthletix. The fees vary depending on the Video and are displayed to the User before the Video is Demanded. The User receives a contract confirmation and an individual invoice by e-mail each time a Video is Demanded.
6.2 The fees are due immediately with the Demand of the respective Video. Uthletix reserves the right to assert claims for late payment.
6.3 The payment can be made via the service provider PayPal. This allows payment by credit card, direct debit or PayPal credit.
6.4 If Uthletix incurs costs and/or expenses because a payment is rejected and the User is responsible for this (e.g. because his/her account is not covered or the limit of his/her credit card is exceeded), Uthletix is entitled to charge the User for the incurred costs and/or expenses in the actual amount.
6.5 If a fee cannot be collected despite being due, the Video Demanded via the link cannot be played until payment has been made.
6.6 If fees are incurred when using a means of payment, Uthletix will inform the User in advance. For every Demand, Uthletix reserves the right not to offer certain means of payment and to refer to other means of payment in case of a justified reason.
7. Granting of Rights of Use
The Videos and Other Content offered by Uthletix contain copyrighted and otherwise protected content to which Uthletix has the corresponding rights. Uthletix grants the User a non-exclusive, non-transferable and non-sublicensable right to the content of the Videos and Other Content, which is revocable in accordance with the provisions of these GTC, to use the content for personal, non-commercial, private purposes in accordance with the provisions of these GTC and within the scope of the purpose intended by Uthletix with the Platform in accordance with Section 1.2. No further rights or claims are transferred to the User. The right to use a Video according to this Section 7 expires when the Provision Period for the respective Video ends.
8. Warranty and Liability
8.1 The use of the Videos and Other Content is at the User’s own risk. The learning content transmitted in the Videos and Other Content does not contain any medical advice. The User is himself/herself responsible for his/her individual learning success. Neither Uthletix nor the Coach can and will warrant that the Videos and Other Content lead to an increase in performance of the User. A specific success is not owed.
8.2 Uthletix strives to provide the User with a high-quality playback experience. However, Uthletix assumes no liability for the display quality of the Videos, as this is not part of the contractual relationship. The User alone is responsible for ensuring that he/she has all hardware and software that is technically required to Demand the Videos. The display quality of the Videos may vary depending on the end device and is dependent on various factors, such as location, the available bandwidth and the speed of the User’s Internet connection. Not all Videos are available in formats such as HD, Ultra-HD and HDR. The minimum speed for watching Videos in standard resolution is 16 Mbit/s. For better picture quality, a faster connection is recommended.
8.3 Uthletix does not adopt external content as its own under any circumstances and does not assume any liability for illegal or non-contractual content of the Videos or the Other Content. If Uthletix gets knowledge of illegal or non-contractual content, Uthletix will take action against this with the available possibilities. A liability of Uthletix according to the provisions of Sections 8.7 to 8.9 remains unaffected.
8.4 Uthletix assumes no liability for disruptions of the line network for which Uthletix is not responsible.
8.5 The liability does not extend to impairments of the contractual use of the services provided by Uthletix on the Platform, which have been caused by an improper or incorrect use by the User.
8.6 Insofar as the Platform offers the possibility of forwarding to databases, websites, services, etc., e.g. by setting links or hyperlinks, Uthletix is not liable for the accessibility, existence or security of these databases or services, nor for their content. In particular, Uthletix is not liable for their legality, correctness of content, completeness, topicality etc.
8.7 The liability of Uthletix or a legal representative or vicarious agent for damages resulting from injury to life, body or health and under the Product Liability Act is unlimited.
8.8 Uthletix is liable for intent and gross negligence in accordance with the statutory provisions.
8.9 In other cases Uthletix is only liable in case of violation of a contractual obligation, the fulfillment of which enables the proper execution of these GTC in the first place and on the compliance of which the User may regularly rely (so-called cardinal obligation), and this is limited to the compensation of the foreseeable and typical damage. In all other cases the liability of Uthletix is excluded.
9. Term and Termination
9.1 The contractual relationship concluded by opening a User Account is valid for an indefinite period of time.
9.2 The User is entitled to delete his/her User Account at any time and without giving reasons and thereby terminate the contractual relationship by making the necessary settings in his/her User Account. After deletion of the User Account, all data stored by the User will be irrevocably deleted; a recovery of the data is legally and technically impossible. If the Provision Period for Videos has not yet expired at the time of deletion, the fees paid will not be refunded either in full or pro rata.
9.3 Uthletix is entitled to terminate the contractual relationship with a notice period of 14 days to the end of the following calendar quarter without giving reasons. Any termination must be made in writing or by e-mail. From the time of receipt of the termination letter, the User cannot Demand any new Videos. After termination of the contractual relationship, the User Account, all stored data and all Demanded Videos will be irrevocably deleted. The right to extraordinary termination remains unaffected.
9.4 In case of suspicion of a violation of these GTC by the User, Uthletix may investigate the suspected violation. Uthletix is subsequently entitled to (temporarily) block access to the Platform or to terminate the contractual relationship extraordinarily if:
- the User has substantially or repeatedly violated these GTC, for example, by providing the User’s username and password to third parties (so-called account sharing);
- Uthletix is required to do so by law; or
- it is reasonably necessary to solve a serious technical or safety problem.
Uthletix will inform the User about the suspicion in advance and communicate the intended measures as well as the reasons for them. The User will be given the opportunity to comment and avert the measures by eliminating the suspicion by submitting suitable evidence at his/her own expense.
10. Right of Withdrawal
10.1 As a consumer, the User is entitled to a statutory right of withdrawal when concluding a distance selling transaction, which Uthletix informs about in accordance with the statutory model below. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
10.2 A conclusion of contract according to Section 10.4 shall be deemed to have been concluded each time a Video is Demanded if the User has clicked on the “Demand now subject to a fee” button and has successfully entered or confirmed his/her payment information.
Withdrawal Policy
Right of Withdrawal
10.3 You are entitled to withdraw from this contract within fourteen days without giving any reason.
10.4 The withdrawal period is fourteen days from the day of the conclusion of the contract.
10.5 To exercise your right of withdrawal, you must inform us,
Uth International GmbH,
In der Aue 22, 51143 Cologne, Germany
Phone number: 02203/951627, e-mail: info@uthletix.com
by means of a clear statement (e.g. a letter sent by mail or e-mail) about your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
10.6 In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the Withdrawal
10.7 If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favourable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawal of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
End of the Withdrawal Policy
Expiry of the Right of Withdrawal
10.8 The right of withdrawal in a contractual relationship for the delivery of digital content which is not on a physical data carrier expires if Uthletix has started the execution of the contractual relationship after the User (i) has expressly agreed that Uthletix starts the execution of the contractual relationship before the expiry of the withdrawal period and (ii) the User has confirmed his/her knowledge that by his/her consent he/she loses his/her right of withdrawal with the start of the execution of the contractual relationship. The Videos and Other Content made available via the Platform are digital content within the meaning of this Section 10.8.
Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it to us by mail or e-mail (info@uthletix.com)).
To Uth International GmbH, In der Aue 22, 51143 Cologne, Germany:
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following services (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of notification on paper)
- Date
(*) Delete as applicable.
11. Customer Service
You can reach our customer service as follows: Phone number: 02203/951627, e-mail: info@uthletix.com.
12. Confidentiality
12.1 “ConfidentialInformation” shall mean all information and documents of the respective other Contracting Party which are marked as confidential or which are to be regarded as confidential from the circumstances, in particular all information, documents and documentation of the Contracting Parties concerning the services, offers, license and usage rights and fees. The existence and content of these GTC shall also be confidential.
12.2 The Contracting Parties agree to maintain confidentiality with respect to Confidential Information. The Recipient shall take all reasonable measures to prevent the disclosure, dissemination or unauthorized use of Confidential Information, including at least the measures it takes to protect its own Confidential Information of a similar nature. Recipient shall not export Confidential Information in a manner that violates European Union export regulations. These obligations shall continue indefinitely after termination of the contractual relationship.
12.3 Such confidential information is exempt from the foregoing obligations,
· which were demonstrably already known to the recipient at the time the contract was concluded or subsequently become known to it from a third party, without this violating a confidentiality agreement, statutory regulations or official orders;
· which are public knowledge at the time of the conclusion of the contract or are made public thereafter, insofar as this is not based on a breach of this contract;
· which must be disclosed due to legal obligations or by order of a court or authority. To the extent permissible and possible, the recipient obligated to disclose shall inform the other Contracting Party in advance and give it the opportunity to object to the disclosure;
· the publication of which both Contracting Parties mutually agree in writing or by e-mail.
12.4 All Confidential Information shall remain the exclusive property of the disclosing Contracting Party. Disclosure of Confidential Information by the disclosing Contracting Party shall not constitute an express or implied grant to the recipient of any rights in patents, copyrights, trade secrets, trademarks or other intellectual property rights of the disclosing Contracting Party.
13. Privacy
13.1 Regarding personal data, please refer to Uthletix’s Privacy Policy
13.2 With the conclusion of the contractual relationship, the User gives Uthletix his/her consent to anonymously record information about the frequency of Videos and Other Content Demanded in order to measure the acceptance of the offer.
14. Final Provisions
14.1 The User shall only be entitled to set-off or to exercise rights of retention if the claims asserted by him/her are undisputed or have been legally established.
14.2 Contracts between the Contracting Parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the country in which the User has his/her habitual residence as a consumer, shall remain unaffected.
14.3 If the User does not have a general place of jurisdiction in Germany or in another EU member state or if the User moves his/her permanent residence or habitual residence to a country outside the EU after these GTC become effective or if the User’s permanent residence or habitual residence is not known at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the place of business of Uthletix.
14.4 The European Commission provides a platform for out-of-court dispute resolution at http://ec.europa.eu/consumers/odr/, giving consumers the opportunity to resolve disputes related to an online order out of court first. Uthletix’s email address is info@uthletix.com. Uthletix is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
14.5 Amendments and supplements to these GTC must be made in writing. This also applies to the amendment or cancellation of this clause.
14.6 Should one or more provisions of the GTC be or become invalid or void in whole or in part or contain a loophole, the validity of the remaining provisions of the GTC shall remain unaffected. Insofar as individual provisions have not become part of the contract, are invalid, unenforceable or void, the statutory provisions shall apply. In the absence of a corresponding statutory provision, a provision shall apply which the Contracting Parties would have made if they had considered this point from the outset. The same shall apply accordingly in the event of a loophole.