Terms of Use

TERMS OF USE

SPRT App TERMS OF USE (“Terms”)
You (in the following referred to as “you“) are currently visiting the “SPRT App” website hosted under the URL
https://sprt-app.com/ („Webseite”)
or are using the “SPRT App” application software (“App”) provided
by
SPRT APP GmbH
Potsdamer Straße 182
10783 Berlin
E-Mail: info@sprt-app.com (in the following referred to as “we”).

1. General

These Terms form part of the contract between us and you in respect of the use of the Website, App (and/or the services provided via the Website and App (collectively herein referred to as “Service”). We do not accept any other terms and conditions applicable to the use of the Service, unless confirmed in writing by us.

We aim to define and provide ultimate social fitness to users like you. Our Service is provided via our location based discovery App that uniquely connects people by integrating the best of social media into a fitness context on a multi-territorial scale. Thereby users can find and motivate each other and ultimately train together.

These Terms define the legal framework for using the Website and our Service SPRT App. We ask you to read them carefully. Your full use of the Service is subject to your installing of the “App” from the app store (iTunes or Google Play) and your successful registration with a free-of-cost account. The terms are valid for an indefinite time but may be subject to variations according to clause 2.12 below.

2. Use of the Service

2.1 You can only open an account for your own personal use. By providing your account information you assure that it is accurate, certain, up-to-date and complete and you agree to provide any updates if needed for the purpose of accuracy. The commercial use of the Service is at SPRT’s consideration.

2.2 You must be at least 14 years old to use SPRT. If you are not of age we require your parent or legal guardian to authorize your use of SPRT. In the event your parents or legal guardians refuse and/or withdraw approval of your use of the Service we will delete your account and refuse your further use of the Service. We are neither responsible nor liable for your misuse of this policy.

2.3 The safety and security of your login data is your responsibility.

2.4 You agree that you will not post any content, which depicts or is related to violence, aggression, harassment, abuse, pornography, nudity, obscenity, discrimination, destruction, or which promotes the consumption of prohibited substances; or which is harmful to any person or entity.

2.5 You agree to be liable for any activity executed through your account; thereby you assume full responsibility resulting from any lack of compliance.

2.6 You confirm that you have the right to use and edit the content that you upload and share within the Service. You are liable for any infringement of any confidentiality obligation, private personal information or any third party rights such as copyright, patents and trademarks.

2.7 You are solely responsible for your interaction with others and agree to respect the community and not to stalk, bully, or harass any users. You cannot request any private or confidential information for any purpose. Activities such as spamming, trolling or similar are also absolutely prohibited. You hereby acknowledge that you interact with other users on your own judgment and risk.

2.8 You acknowledge that we cannot assure that other users will be compliant to our Terms. Thereby you accept that we do not run any revision of content before it is posted or once it is online.

2.9 You agree to comply with our Terms including further obligations imposed by us and to comply with all applicable laws and regulations, which are relevant within the use of our Service. This also includes local laws such as copyright laws, business ability and child protection. Non-compliance might lead to blocking or termination of your SPRT account.

2.10 You are not entitled to access and/or use the API, scripts or codes of the Website and/or App. Reverse engineering is expressly prohibited.

2.11 We reserve the right to edit or terminate the provision of our Service without any previous notice or liability. You have the right to deactivate or delete your account at your own discretion within the settings field. After deactivation your content will no longer be available, however in case others have shared it, it will still be available as such (e.g. reposts). The right of use our Service is not longer provided after your account has been deactivated.

2.12 We reserve the right to block, delete or modify accounts, as well as to request adaptations for certain accounts if an important reason applies. This may be, but not limited to, the result of the breach of the Terms and/or any misconduct.

2.13 Our Service may also include links to third party services and websites, which have been posted by you or other users. We are not liable for any third-party content, since we do not own, control or maintain such. Any interactions with third party services and websites can only be executed after your own approval and selection. In most cases you will need to login with third party services within our service. We are not liable for any issues resulting out of the interaction with third party services.

2.14 You are responsible to provide at your own expense the required hardware, internet access and data volume to use our service.

2.15 We reserve the right to test new business models within our app. Hereby you grant SPRT the right to prototype, integrate and test such models within the existing service.

3. Sponsored Content and Advertising

3.1 Certain content displayed within our Service (positioned in features such as but not limited to Live Map, Home, Events) will be supported by advertising revenue. Hereby you grant SPRT the permission to place such advertising, promotions, special offers and product placements within the Service and in relation to your personal preferences. The way, look and scope of such advertisings may vary and can change anytime without previous notice.

3.2 In order to provide meaningful and suitable sponsored content for you, we will leverage information provided by your use behavior. Please refer to our Privacy Policy for additional information.

3.3 The sponsored content displayed within our Service will be provided by Third Parties. To the best of our knowledge we aim to integrate only trusted partners within our Service.

Third parties sponsoring their products and services are responsible for the correctness, accuracy, completeness, availability, security, compatibility and non-infringement of the content they publish within and / or linking from our Service.

3.4 Sponsored content is displayed within our Service only for advertising purposes and cannot be purchased or consumed within our Service. In case you want to purchase such products and services you will be connected to an external website provided by Third Parties where you can execute a purchase transaction. Any transactions and electronic contracts will then be executed between you and the Third Party involved. Only the respective third party terms apply in respect of such transactions. Third Party apply to its full extend and in regards to e.g. payment, cancellation, cancellation time, etc. Thereby SPRT is not related to and assumes no liability in respect of any such transactions, including contracts and payments.

3.5 Furthermore, sponsored Content is not intended to be a substitute for the services of professional trainers, physicians, dietologist, etc. Thereby we strongly recommend you to seek professional advice if questions arise. Hereby you acknowledge that you are solely responsible for your health and wellbeing.

3.6 We make no representation regarding the performance or correctness of the content provided by Third Parties. The use and / or purchasing of Third Party products and services is at your own risk and you are solely responsible and liable for complying with all legal and contractual requirements necessary to do so; this also applies to your age and your capacity to execute commercial transactions.

4. Privacy

We are dedicated to protect your privacy, safety and security. Our measures to do so are regulated according to our Privacy Policy which you can access anytime in our website. We ask you to read them carefully.

5. Rights

5.1 The SPRT name and logo are registered trademarks of the SPRT GmbH and may not be copied, modified and/or used without our prior written permission.

5.2 You hereby acknowledge and agree that the Service including the respective software used in connection with the Service are subject to property rights and contain confidential information, which are protected by law, statute and/or otherwise, including such in respect of the protection of patent, trademark, intellectual and/or other property rights. You further acknowledge and agree that the content of this Website and the App, including the Service offered and their design and the content herein included are protected as copyright, patent, trademark and/or by property rights. Unless we have agreed to the opposite in writing you may not alter, change and/or otherwise adapt, either in full and/or any part thereof, works made available via the Service and/or depictions in connection with the Service and/or which are based on the software underlying the Website and App and/or use such works for purposes of making available, lease, lending, sale, distribution and/or use such works for purposes of marketing and advertising. The use of the Service does not convey any rights other than the right to use the Service according to the Terms; thereby you are not entitled to remove, modify, display, sell and/or license our content and/or any parts thereof.

5.3 By sharing information and content you confirm and guarantee that:

-you own such content

-you do not infringe any third party rights such as intellectual property, copyrights, trademarks or other privacy or publication rights

-you are solely and fully liable for any claims or disputes arising from any violation

-you are legally entitled to act according to our Terms in your local jurisdiction.

5.4 You confirm that you have the rights for the information and content you post within our service and grant us a non-exclusive, royalty-free, transferable and worldwide license to use such in connection with the Service as outlined herein and in our Privacy Policy.

5.5 We try our best to provide you a stable service; nevertheless we keep the right to discontinue our Service due to reasons such as but not limited to technical failures, repairs, maintenance or upgrades. We also reserve the right to discontinue the use of specific content if required due to e.g. legal obligations.

5.6 You accept that our Service will regularly delete older pictures for the purpose of storage capacity. Thereby we recommend you to keep an own content back up. We are not responsible for the storage and back up of your content.

5.7 You are aware that SPRT is not responsible for any IT security breaches.

5.8 You can report content that infringes other people’s intellectual property rights at any time. Depending on the case we may disable the use of and access to such content if appropriate.

6. Disclaimer of Warranties

6.1 Any content within our Service (either generated in the Service or linking to third party services or websites) is provided “as is” and without any warranties of any kind. We disclaim all kind of warranties to the fullest extent of applicable law. Thereby we do not warrant for the correctness, accuracy, completeness or currency of the content provided within the Service.

6.2 You accept that your use of the Service is at your absolute sole risk.

6.3 Links from or to websites outside the Service are meant for convenience only. We do not review, endorse, approve and/or control, and are not responsible for any sites linked from or to the Service, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. We have no control over the websites and their content linked to through the Service. We assume no liability in respect of websites their content and/or services and products linked to from the Service. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software.

7. Limitation of liability

7.1 We are not liable for your actions and the content you share within the service or via the service to third party services and websites.

7.2 We are not liable for any damages or losses resulting from the inability to use our service.

7.3 Compulsory statutory provisions shall apply to default Services. The assignment of any such claims is prohibited.

7.4 Unless set out to the opposite above, further claims are excluded. We shall therefore not be liable for damages not caused on the Service itself. To the fullest extent allowed by applicable law, we shall not be liable for any: (a) direct economic or financial loss; (b) direct loss of profit; (c) direct loss of data; (d) direct loss of anticipated savings; (e) direct loss of revenue; or (f) any indirect, special or consequential loss, resulting from the access or use of the Service and/or other material contained on web links from the Service or from temporary or permanent unavailability of the Service or the content therein included, any changes to the Service and/or from any corruption or loss of data you may suffer arising from access to or use of the Service. To the extent such limitation of liability applies such limitation applies to our employees, representatives and agents.

7.5 Nothing in these Terms shall exclude or limit our liability for (i) death or personal injury caused by us or (ii) for fraud or fraudulent misrepresentation or (iii) for breach of such obligations which are essential for accomplishment of the agreement between the parties, the breach of such obligations jeopardizing the intent of the agreement and which fulfillment of such obligations has been relied on by you (Essential Obligations), (iv) or any matter that is not capable of being limited or excluded by law.

8. No Remuneration and Indemnification

8.1 You irrevocably waive any claims against SPRT in regards to the content you share within the service or via the service to third party services. You hereby indemnify us and hold us harmless from any and all third party claims, damages or losses (including reasonable legal and attorneys’ fees) resulting from any breach of our Terms and the use of any content you provide in connection with the use of the Service.

8.2 If needed, you will defend and keep SPRT harmless in case of any dispute.

9. Final Provisions

9.1 We reserve the right to modify or update the Terms. In case of such modification, we will notify you in advance before the new terms become effective. Upon acceptance of the new terms you can keep on using the Service. The new terms will be effective as of the communicated date and will define the legal base for future use and shall be deemed included in the definition of the Terms.

9.2 Our Terms and any dispute or claim arising out of or in connection with the Service will be exclusively governed in accordance with the laws of the Germany, excluding conflict of law rules and choice of law principles that provide otherwise, subject to the exclusive jurisdiction of the courts of Munich, to the extent such stipulation of the venue is allowed by law. The United Nations Convention on the International Sale of Goods does not apply.

9.3 This English version of the Terms is provided as translation for your convenience. Governing language shall be German and the German version of the Terms.

9.4 In case any individual provisions stated in our Terms is or becomes invalid in whole or in part, this will not have an effect on the validity of the remaining provisions.

 

SPRT’S TERMS OF USE
May 2018