Scope of the Terms of Use

These Terms of Use apply to the Web App WORKOUT TIME, hereinafter referred to as App, which can be accessed on the internet via the URL workout-time.app/start or on the internet. The App can be installed in the browser as a Progressive Web App (PWA) and is available as a native app for iOS and Android via App Stores.

The Workout-Time App is an app where users can create and play workouts with exercises. In addition, a workout plan can be created and workout progress can be tracked. If a user is logged in, they can create workouts with images, videos, and music, as well as share their workouts with other users. Playing public workouts is also possible without registration.

A more detailed description is available on the information website workout-time.de in German or on workout-time.com in English.

Unregistered Users

Users who have not registered can access and play public workouts. However, they cannot create and share workouts. These Terms of Use also apply to unregistered users, even if they have limited functionality.

Conclusion of Contract and User Account

By completing the registration process, a user agreement is concluded with the operator. The subject of the user agreement is the use of the App and its contained functions.

Creating a profile requires the creation of a user account in Google Firebase. This consists of a username, email address, and a password ("Log-in Data"). Creating a user account is only possible by providing a current email address of the user. This email address also serves for communication with the operator.

• The user assures that the data used when creating their profile ("Profile Data") is accurate.
• Users are expected to provide accurate name details. The use of a nickname within the App is permitted.
• The contract language is German.
• In any communication of the user with other users, for example, when sharing workouts, any contractual relationships arise exclusively between the participating users. The operator is neither a representative nor will they become a contractual partner.

Functional Specifications

Posted workouts are automatically assigned and displayed according to a language, a country, and sports types based on an algorithm defined in the App. There is no right to be displayed at a specific position in the workout list.

Each user has only a limited amount of storage space available within the App. The operator can change the size of the storage allocation at any time.

Each user has a maximum number of views per workout. The operator can change this number at any time.

The user is aware that activated workouts can be rated and agrees to this.

The proper functionality of the App depends on the performance of the device and operating system used by the user. The operator tries their best to provide functionality on current devices and operating systems but is not obligated to do so.

Use of the Profile

When using the App, the user can utilize various services:

• The user has the option to publish their own workouts (text, images, video, etc.) within the App.
• The user has the option to send messages to other users.
• A workout calendar can be maintained.
• Different workout formats (video, text) can be played in different modes, e.g., Start/Stop.
• The user can use services from various music platforms. These are embedded via iFrame and use the services of the respective platforms, such as Apple Music.

The operator is entitled at any time to block access to individual content, e.g., if there is a suspicion that it violates applicable law or third-party rights.

The user has no claim to the maintenance of individual functionalities of the App. The App is continuously being developed.

The operator strives for an uninterrupted operation of the App. This is naturally limited to services over which the operator has influence. The operator is free to restrict or terminate access to the App, in whole or in part, temporarily or permanently, due to maintenance work, capacity issues, and other events beyond their control.

User's Duty of Cooperation: Posting Content

The user undertakes to observe applicable law (e.g., criminal, competition, and youth protection law) when creating and using their own content and not to infringe any third-party rights (e.g., name, trademark, copyright, and data protection rights).

The user undertakes to the operator that any content posted in the App will not violate applicable law or good morals, either in its content or form. The same applies to the setting of external links. In particular, the distribution of content posted by other users is not permitted.

Prohibited content includes that which represents, concerns, or contains:

• Nudity or other sexually suggestive content,
• Hate speech,
• Racism,
• Misogyny,
• Attacks on a person or group,
• Self-harm or excessive violence,
• Fake profiles,
• Spam, including all content that has nothing to do with workouts,
• Copyright infringement of any kind,
• Doping, promoting or selling illegal substances (e.g., anabolic steroids) or dangerous medical/health advice,
• Bullying, insults, or body shaming (discrimination based on appearance, weight, or fitness level),
• Malicious software (viruses, trojans), phishing links, or fraudulent offers.

Copyrighted content may only be posted with the consent of the respective rights holder. Quotations must be marked by highlighting using the quotation function and providing the source. Foreign-language quotations must also be translated to the extent that the content is roughly apparent. In particular, incorrectly cited contributions can be removed or corrected by the moderators.

Further Duties of Cooperation of the User

The user may only use the App for private purposes without the express permission of the operator.

For commercial use, an agreement must be made with the App operator.

The user may not advertise for third parties in the App without the consent of the operator.

The user may not send messages with advertising content without the consent of the operator and the recipient (especially: spam messages).

In the event that the user uses the option to inform third parties about the existence of the App via the recommendation function provided by the operator, they must ensure that the third party agrees to the sending of the promotional recommendation email.

In the event that the content contains hyperlinks to third-party pages, the user assures that they have the right to use the hyperlink and that the website to which it refers complies with applicable law and third-party rights.

The user is obliged to handle the log-in data carefully. The user is strictly prohibited from disclosing the log-in data to third parties and/or allowing third parties access to the profile by bypassing the log-in data.

The user must refrain from any activity that is likely to impair the operation of the App or the underlying technical infrastructure and/or to overload it excessively. This includes in particular:

• the use of external software, scripts, or databases to control or connect to the App;
• the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, unless this is necessary for the proper use of the App;

Furthermore, it is a violation of personal rights and therefore not permissible to lift the anonymity of other users or to disclose information from other users from private messages, emails, or chats that are not intended for the public. Users may not include information in their posts or otherwise make known information that could reveal the identity of another user or that the user has received from other users exclusively in private messages, emails, or chats.

Should disturbances occur during the use of the portal or its functionalities, the user will immediately inform the operator of this disturbance. The same applies if the user obtains information about content published by third parties that obviously violates applicable law or third-party rights.

Usage Rights

The user grants the operator a spatially and temporally unlimited, irrevocable, transferable to third parties, non-exclusive, free right to use the posted content in the online offering. The operator is entitled at any time to use, edit, and exploit the content. This includes in particular the right of reproduction, the right of distribution, and the right of public display, especially the right of making it publicly available. The user waives the right to be named as the author. This provision does not affect the user's ability to grant third parties rights to posted content according to specific license models.

All rights to the content of the App belong to the operator. The user is prohibited from reproducing, distributing, and/or publishing content that the operator, other users, or third parties have posted in the App.

Liability

Unlimited liability: The operator is liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, the operator is liable for damages resulting from injury to life, body, and health of persons.

Otherwise, the following limited liability applies: In the case of slight negligence, the operator is only liable for the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the user may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of the operator's vicarious agents.

Indemnification Claim

The user indemnifies the operator and their employees or agents against all third-party claims arising from alleged or actual legal infringement and/or infringement of third-party rights by actions taken by the user in connection with the use of the App. Furthermore, the user undertakes to reimburse all costs incurred by the operator as a result of claims by third parties. Reimbursable costs also include the costs of an appropriate legal defense.

Personal Data

The user hereby consents to the storage of the personal data they have entered. This also applies to the storage of IP addresses transmitted with each use of the App. The user particularly consents to the display of the personal data they have entered in their profile display within the App for other users of the App and third parties who are not users of the App.

The collection, processing, and use of personal data are carried out solely in accordance with applicable statutory regulations and the App's separate Privacy Policy.

Paid Subscriptions (Pro Plan)

(1) In addition to the free Basic plan, the operator offers paid subscription plans (e.g., the Pro Plan) with extended features, such as increased media storage.

(2) The prices and billing cycles (monthly/yearly) are displayed during the purchase process. Payment can be made via PayPal or by invoice. All prices include applicable value-added tax (VAT).

(3) Paid subscriptions renew automatically for the selected billing period unless canceled before the end of the current billing cycle. Cancellations can be made directly in the App settings or by email.

(4) Upon termination of a paid subscription (downgrade to the Basic plan), the operator reserves the right to restrict the media storage space to the free tier limits. The user is responsible for backing up any excess data beforehand.

Contract Duration/Termination

The contract runs for an indefinite period and can be terminated by either party at any time without observing a notice period and without giving reasons.

In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected.

For the operator, a good cause for terminating this contract exists if the customer violates their obligations under this contract.

Final Provisions

Should the contract contain invalid provisions, the validity of the rest of the contract remains unaffected.

This contract is exclusively subject to German law.