GTC

GENERAL TERMS AND CONDITIONS (GTC) OF MYSPORTS GMBH

1. MySports Service and Acceptance of the General Terms and Conditions and Data Protection Regulations
2. MySports GmbH, Raboisen 6, Hamburg (henceforth referred to as " MySports") offers internet-based services (henceforth collectively referred to as " service") to sports, fitness, and wellness facilities (henceforth collectively referred to as " studios") and to their users as well as other sports enthusiasts (henceforth collectively referred to as " user"). The service of MySports particularly involves 1. Providing a service (henceforth referred to as "self-service") for communication between the user and a studio connected to him or her,
   • for the independent management of the member data stored by the studio with regard to the user (e.g., master data, contact details, contract data, payment details) by the user himself or herself;
   • to process direct payments by the user to the studio to settle negative balances on the member account; and
   • for communication between the user and the studio; 2. Providing an online booking platform (henceforth referred to as " booking portal") where the respective studio can present itself and offer its products and services (e.g., personal training, day tickets, online contracts) in a bookable manner 3. Supporting users who are beneficiaries of an activity-based sports sponsorship from their respective employer (or other third parties) in determining and explaining the amount of entitlement to employer benefits that they have earned (henceforth referred to as " activity-based sports sponsorship" or " corporate sponsorship").
3. Both the respective studio and each user are free to decide on the scope of use of the MySports service, so that the aforementioned service cannot be offered in full by every studio or used by every user.
4. MySports has the right at any time, at its own discretion, to make technical changes and/or changes to the course of events for system-related reasons, to suspend or discontinue access to free parts of the service in whole or in part, and to discontinue free parts of the service in whole or in part.
5. MySports tries to provide the service with an annual average availability of 99.95%. This does not include downtimes that are necessary for work to improve the security or integrity of the servers or to implement technical measures and that serve proper or improved provision of the MySports services (maintenance work).
6. Registration and subsequent unconditional use of the MySports service by the user constitutes acceptance of all of these GTC and all of the instructions and references included therein. In the event that the user does not agree to these regulations and conditions, he or she is not entitled to use the MySports service.
7. MySports processes the users' personal data according to the applicable data protection regulations. Details can be found in the MySports Data Protection Statement and the references included therein, which can be viewed and downloaded at https://www.mysports.com/datenschutz. There is a description there of what types of data MySports collects on the user and how MySports processes the data. The Data Protection Statement is not part of a contractual agreement between MySports and the user and may be subject to change. Therefore, the Data Protection Statement should be retrieved on a regular basis. By using the service, the user confirms that he or she has read and understood the Data Protection Statement. If personal data of the user are processed by a studio as part of the MySports service, the data protection regulations of the studio in question, which are located on the platform of the respective studio, as well as an agreement additionally concluded between MySports and the studio on joint responsibility apply as well; their essential content is also presented at https://www.mysports.com/datenschutz.
8. The MySports service with health-related content (e.g., training schedules created) is used at the user's own risk. The user must be in good general health for use. If the user is aware of any pre-existing medical conditions, it is strongly recommended to seek medical advice before using the MySports service. This applies in particular if the user may suffer from one or more of the following diseases/ailments/interferences: heart/cardiovascular diseases, lung or respiratory diseases, spinal and/or joint problems, neuromuscular diseases, surgical interventions, other health restrictions. Pregnant or nursing mothers should likewise consult a doctor.
9. General Provisions The following provisions apply to all parts of the MySports service.
10. A user is authorized to sign up if he or she is over 15 years old. If the user is under 18 years of age, he or she may only sign up and use the chargeable parts of the MySports service (e.g., use the booking portal for chargeable services) with assistance from a parent or legal guardian. The user may only install and use the MySports service for non-commercial purposes. All statements made by the user may only be made in his or her own name and are only legally effective in his or her own name.
11. MySports reserves the right to temporarily or permanently exclude a user in the event that the user violates laws, good manners, or these GTC. The user undertakes not to send any incorrect information (including incorrect personal data in particular) to MySports or using the MySports service.
12. Information that MySports provides as information on the studios and their services in performing the service comes from generally accessible information sources or has been provided by the respective studio itself. The studios are solely responsible for ensuring that all important information processed by MySports as part of this service is always updated. Although MySports proceeds very carefully and conscientiously in performing the service, MySports can neither check nor guarantee that all information is correct and complete. If the MySports service includes hyperlinks to other platforms that are run by entities other than MySports, these links are only provided to the user as a reference. MySports does not control such platforms and is not responsible for their content.
13. The user is advised that all software underlying the service is the property of MySports and/or its partner companies and is protected by copyright and corresponding contractual provisions. The user may only use the software for the contractual use of the service provided by MySports.
14. User Sign-Up
15. Setting Up a User Account Extensive use of the MySports service requires that the user signs up and creates a user account with MySports while truthfully providing the requested data. Parts of the service, such as information on the service offer from a studio, may also be used without signing up. When signing up, the user is requested to accept these GTC and the data protection regulations (see Data Protection Statement). After registration, MySports first sends an email for security reasons in which the user is asked to verify the registration. Only then is the sign-up process complete. The data of the user account and the password are to be treated as confidential. Access codes or passwords must not be made accessible to third parties. External access codes or passwords must not be used. The user is responsible for all activities in connection with his or her user account. If MySports has reasonable suspicion that a user account is being used without authorization, MySports is entitled to suspend the rights of use and to block the user account until MySports has been cleared of the suspicion of unauthorized use. The user account cannot be transferred to another person.
16. Use of the User Account by MySports to Send Messages In the event of important news, MySports sends the user service notifications and information that MySports is legally obligated to provide to the user's email address linked to the user account. Since the data stored in the user account is decisive for communication between the user and MySports, the user will always update the data provided. If the user does not agree to receive the aforementioned notifications electronically, he or she may not use the MySports service. The notification will take effect immediately.
17. Closing a User Account The user has the right to close his or her user account at any time and thus give up the legitimation to use the MySports service with immediate effect. To do so, the user must contact MySports. Once the user account has been closed, all of the content posted there is deleted from MySports or can be deleted.
18. Provisions for Using the MySports Self-Service Option
19. The MySports service is used for communication between the user and those studios that are connected to the user through a Connect. It is possible to establish a Connect between the user and a studio if the user has an ongoing contractual relationship with the studio in question or if the user wishes to establish such a relationship. However, some of the studios also use the MySports service to offer communication to users with whom there has previously been a contractual relationship, so that a Connect is also possible in this respect. The user alone decides whether a studio that meets the requirements for a Connect should be connected to the user.
20. An established Connect enables the user to exchange communication content with the connected studio and, in particular, to view his or her personal member data stored at the connected studio and to manage that data independently to the extent permitted by the respective studio. Furthermore, the user has the option of settling a negative balance on the member account. Details on the payment process can be found in Section 6.
21. Data backup for the corresponding communication content is not part of the range of services offered by MySports. Therefore, MySports only takes account of the storage of the communication content to the extent that MySports itself is legally obligated to save the content. The user is responsible for backing up storable communication content in such a way that it can be recovered with reasonable effort.
22. The content transmitted between the user and the connected studio does not become the property of MySports at any time. MySports only has limited rights to use the content in order to provide, improve, advertise, and protect the MySports service as described in this agreement while observing the statutory retention and documentation obligations.
23. MySports is not a party to the legal relationship between the user and the studio and assumes no obligations or guarantees in this regard. The regulation above does not limit the rights of the user based on the applicable data protection laws.
24. Provisions for Using the MySports Service as a Booking Portal The following provisions apply to the use of the MySports booking portal. Studios that offer services through the booking portal are henceforth referred to as " offering studios".
25. Mediation by MySports 1. The MySports service within the framework of the booking portal is limited to providing information on offers and prices from the offering studios. MySports itself is not the seller of the services offered and does not act as a representative of the respective offering studio. 2. The contract between the user and the offering studio comes into effect as soon as the user completes the final step of the order process. The offering studio is entitled to cancel the order if the offer is no longer available or if there is a case of force majeure. 3. German law applies to the act of processing an order placed between the offering studio and the user, with the exception of the UN Sales Convention (CISG). The offering studio and the user regulate the implementation of the respective legal relationship including all contractual modalities with one another. 4. The respective offering studio is solely responsible for the proper fulfillment of contracts concluded through the booking portal. The user is aware that there are no contractual relationships between the user and MySports in this respect. A legal relationship for the purpose of purchasing the services comes about solely between the user and the offering studio. 5. Invoices from the offering studio are sent to the user through the MySports service unless a different agreement has been made between the user and the offering studio. Invoices from the offering studio are due immediately and without deduction. Offsetting with counterclaims by the user is only permitted with undisputed, legally established counterclaims or counterclaims recognized in writing by the offering studio. The assertion of a right of retention is only permitted with regard to counterclaims that are based on the same contractual relationship as the claim. 6. It is clear to all parties that no debtor relationships come about between the user and MySports under any conceivable point of view except in the event that MySports itself expressly offers goods or services as a provider. If MySports itself expressly acts as a provider of goods or services, the provisions of these GTC apply accordingly insofar as they affect the relationship between the user and the offering studios.
26. Liability of MySports No Liability of MySports for Service Descriptions, Price Information, etc. 1. Prices, descriptions of the service offers, and other information published on the MySports booking portal are provided to MySports for publication by the offering studios and are not checked by MySports for completeness and accuracy. Therefore, MySports does not guarantee that this information is free of errors and points out that the information published on the booking portal may also contain typographical errors. The information provided here is subject to regular changes. 2. No Assurances, Guarantees, etc. MySports hereby expressly declares that the information provided on the booking portal does not give any assurances or guarantee statements regarding the quality of the services offered, suitability for a specific purpose, or non-infringement of third-party rights.
27. Contractual Agreements Between the User and the Offering Studio With the use of the booking portal, the following provisions become legally valid for the user as well as for the offering studio. 1. Prices, Processing of Payments in the Relationship Between the User and the Offering Studio The offering studio alone determines the price for the services sold by the offering studio on the booking portal. The price stated includes the statutory value-added tax. 2. Information on the Relationship Between the User and the Offering Studio Information on the booking portal regarding the availability of the respective service is non-binding unless the information provided on the booking portal is expressly designated as binding. 3. Revocation Instructions RIGHT OF REVOCATION The user has the right to revoke a contract concluded with an offering studio within 14 days from the day the contract was concluded, without giving any reasons. To exercise the right of revocation, the user must inform the offering studio of his or her decision to revoke the contract by means of a clear declaration (e.g., a letter sent by mail, fax, or email). To meet the revocation deadline, it is sufficient for the user to send the notice on exercising the right of revocation before the revocation period has expired. Consequences of revocation: If the user revokes a contract, the offering studio reimburses the user for all payments it has received from the user, including the delivery costs (with the exception of the additional costs that result from the user selecting a different type of delivery than the cheapest standard delivery offered by the offering studio), immediately and at the latest within fourteen days from the day on which the notice on the revocation of the contract has been received by the offering studio. For this repayment, the offering studio uses the same means of payment that the user used for the original transaction, unless something else was expressly agreed with the user; In no case is the user charged any fees for this repayment. If the user has requested that the service should begin during the revocation period, the user is to pay the offering studio an appropriate amount corresponding to the part of the service already provided up to the point in time when the user informs the offering studio of him or her exercising of the right of revocation with regard to the contract, compared to the total scope of the services stipulated in the contract. END OF THE REVOCATION INSTRUCTIONS 4. Supplementary Provisions of the Offering Studio If the general terms and conditions of the offering studio also apply to the purchase of services offered on the booking portal, this is expressly indicated on the booking portal. In the event of differences and contradictions between these GTC and the general terms and conditions of the offering studio, these GTC take precedence over the general terms and conditions of the offering studio.
28. Provisions for Making Payments The MySports service enables the user to use the MySports service (use one of the payment methods offered there) to fully or partially settle a negative balance on his or her member account with a studio or to pay fees for contracts concluded in the booking portal. Not MySports but only the respective studio is entitled to the respective payment claim against the user. To process the payments between the studio and the user, MySports has commissioned a third party provider (henceforth referred to as "payment system"). Payment processing is subject to the agreement as well as the terms of use, provisions, and data protection guidelines of the payment system. In the case of a direct debit procedure, the user is to bear the costs that the studio incurs in the direct debit procedure due to insufficient funds in the user's account.
29. Provisions for Using the MySports Service Within the Framework of Activity-Based Sports Sponsorship / Corporate Sponsorship
30. Description of the MySports Service MySports offers services to support activity-based sports sponsorship through its service platform. Activity-based sports sponsorship includes all those programs in the course of which the user is granted benefits by third parties – based on defined criteria – depending on the user's level of activity when using certain sports and fitness facilities as well as other outdoor activities. The MySports service enables the user as a beneficiary of activity-based sports sponsorship to determine the fulfillment of defined activity criteria and the amount of the resulting entitlement to benefits based on IT and to inform the sponsoring company about the amount of the respective entitlement.
31. Requirements for Using the MySports Service The requirement for using the MySports service is that 1. The user is the beneficiary of an activity-based sports sponsorship from a company that in turn uses the MySports service for activity-based sports sponsorship/corporate sponsorship (henceforth also referred to as "sponsoring company"), 2. The user, in addition to signing up for the MySports service, has used the authentication procedure offered on the MySports service platform to prove his or her right to participate in the activity-based sports sponsorship/corporate sponsorship to MySports.
32. Registration of the User for the MySports Service To prove entitlement to participate in the service for activity-based sports sponsorship/corporate sponsorship, MySports offers the registered user on the service platform the opportunity to prove his or her eligibility to participate. The user is only signed up for the MySports service with the appropriate verification.
33. Determination of the Fulfillment of Relevant Activity Criteria by MySports With registration for the MySports service for activity-based sports sponsorship/corporate sponsorship and conclusion of a contract for order processing, MySports is entitled to determine the fulfillment of the sponsoring company's activity criteria based on IT and, based on this, to determine the amount of the user's entitlement to activity-based sports sponsorship from the sponsoring company. The user can query on the MySports service platform which activity data are relevant for checking whether the respective activity criteria of the sponsoring company have been met. The relevant activity data provided are then processed for the user by MySports on an IT basis in order to determine whether the activity criteria have been met and – based on this – the amount of the user's entitlement to sports sponsorship from the sponsoring company. MySports notifies the sponsoring company of the entitlement to sports sponsorship thus determined and saves the activity data processed for the user by MySports in this context as well as the entitlement to sports sponsorship determined by MySports in the user's user account.
34. Liability of MySports
35. Availability of the MySports Service The user is aware that errors can generally occur when using software, computers, and telecommunication systems and that downtimes can occur. Therefore, MySports does not guarantee that the MySports service will be uninterrupted and secure or free from the aforementioned errors. In particular, MySports is not responsible if and to the extent that offers from the offering studios are not processed or saved on the booking portal due to technical problems.
36. No Liability on the Part of MySports for Content Posted by Users MySports is not liable for content that is uploaded, posted, published, or otherwise made accessible to users by other users, nor is it the publisher of such content. In particular, MySports cannot rule out the possibility that content posted by users is insulting or offensive and/or incorrect, violates the rights of third parties, causes damage to a user's computer or network, or is unlawful or illegal.
37. Supplementary Provisions on the Liability of MySports Toward Users 1. If health-related content (e.g. training schedules, etc.) is provided to the user as part of the MySports service, the instructions and references included therein are to be strictly observed by the user since otherwise, there are risks of injury and/or to the user's health. In addition, the user is obligated to observe the health advice in Paragraph 1.7. In the event of discrepancies or contradictions between the health advice and the instructions and references provided as part of the MySports service, the principle of caution is to be followed. If the user uses aids or devices for the exercises and training, it is his or her responsibility to ensure that these aids and/or devices function properly and have been installed or set up. 2. MySports does not assume any warranties and/or does not grant any guarantees beyond the warranties stipulated by law. MySports rules out all non-mandatory warranties and guarantees to the maximum extent permitted, including warranty of suitability for a specific purpose and non-infringement of the third-party rights. 3. In particular, MySports is not liable in the following cases:
    • MySports is not liable for content posted by the user and for content provided by third parties (e.g., training schedules from studios, user activity data collected by the studio), including links to third-party platforms.
    • MySports is not liable for the quality of the products or services purchased on the booking portal by the user.
    • MySports is only liable for breaches of essential obligations from these conditions or the contract concluded with the user.
    • MySports is not liable for indirect damage incurred by the user, including financial losses such as lost profits, unless MySports has acted at least with gross negligence or intent.
    • MySports is not responsible or liable for the non-fulfillment or delay of the obligations under these conditions insofar as this non-fulfillment or delay is due to circumstances beyond the reasonable control of MySports (e.g., labor disputes, force majeure, war, terrorist acts, malicious damage to property, accidents, or compliance with any applicable law or government order). MySports makes every reasonable effort to reduce the effects of such events and to meet the obligations not affected by them.
    • Damage resulting from injury to life, limb, or health is excluded from all of the restrictions above if MySports is responsible for it.
    • Liability under the Product Liability Act remains unaffected by all of the restrictions above (§ 14 of the Product Liability Act). The same applies to legal liability for a breach of guarantee.
    • As far as the liability of MySports is excluded or limited, this also applies to the personal liability of its staff members, employees, workers, representatives, and vicarious agents.
38. Rights of Termination
39. User's Right of Termination The user has the right to terminate the contract concluded with MySports for using the MySports service at any time by closing his or her user account or by giving notice of termination in writing (including email). Paragraph 3.3 of these GTC applies to closing the user account.
40. MySports's Right of Termination MySports is entitled to terminate the contract concluded with the user at any time in writing with a notice period of two (2) weeks, without giving any reasons.
41. Termination for an Important Reason The right to terminate the contract for an important reason remains unaffected for both parties. In the event of serious violations by the user of the provisions of these GTC (especially Paragraphs 2.1, 2.2, and 2.4), MySports is entitled to an extraordinary termination; MySports warns the user about the violation beforehand, provided that the requirement of a previous warning is not dispensable according to legal regulation.
42. Termination Declaration A termination declaration from MySports is usually sent by email to the email address linked to the user account of the user. In this respect, the regulation in Paragraph 3.2 of these conditions applies.
43. Final Provisions
44. MySports reserves the right to make changes to the platform, the service offered through it, the regulations, the conditions including these GTC at any time. The GTC that are in force at the time the platform is used apply unless a change to these conditions is required by law or official order (in this case, they also apply to legal relationships that have already been established but have not yet been settled in full).
45. For all matters relating to MySports, the exclusive place of jurisdiction is agreed to be Hamburg, Regional Court of Hamburg, as far as this is permissible. The place of jurisdiction of Hamburg particularly applies in relation to a user who has no general place of jurisdiction in Germany or another EU member state or who has moved his or her permanent residence to a country outside the EU after these GTC come into effect or whose domicile or habitual residence is unknown at the time an action is filed. The court effectively agreed between the studios and the user applies to all matters between the studios and the user.
46. The European Commission provides a platform for online dispute resolution (ODR platform). This platform can be found at http://ec.europa.eu/odr. MySports expressly rules out alternative dispute resolution according to Directive 2013/11/EU. The email address of MySports is info@mysports.com. MySports is not prepared or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
47. If a regulation in these GTC is ineffective, void, or unenforceable for any reason, this regulation is considered severable and does not affect the validity and enforceability of the remaining regulations. An ineffective, void, or unenforceable provision is to be reinterpreted in such a way that the economic purpose pursued with it is achieved.

Last updated: July 2020