A. Provider, scope of application
1. The following general terms and conditions apply exclusively to the business relationship between blindside HB GmbH, Franz-Ehrlich-Straße 12, 12489Berlin, (hereinafter referred to as "provider") and the user in the version valid at the time of the order.
2. The subject of these terms and conditions of contract and use is the provision of the application "blindside". blindside can be used via the internet (as a web application) and as a mobile software application (app). These terms of contract and use apply to both access options.
3. By using blindside, the user acknowledges these terms of contract. If users do not agree with the regulations in these terms and conditions, they may not use Blindside.
B. Subject matter
1. Digital content in the areas of sports and fitness is offered on the platform, especially in the area of team and individual sports. The content is mainly provided by users and consists of exercises, exercise chains, application templates and training / exercise plans. The exercises are provided as texts, images, videos, audio files and external content (embedded videos from third party platforms) in Blindside.
2. Every person who expresses interest by downloading the app is a blindside user.
3. The provider strives to constantly expand the content, maintain and ensure the availability of the offer. It is continuously developed and adapted to different factors, such as the requirements of the users, the requirements of the market and the technical and economic situation after proper consideration. The offer therefore includes the applications in the current stage of development. The users have no right to claim that the offer remains unchanged in its content and scope or that it contains certain functions. Users are responsible for backing up their own data and created content, as it cannot be guaranteed that data will be deleted due to a technical error or force majeure. Likewise, there is no claim that the offer is always accessible and available and functions error-free. Nevertheless, the provider makes every effort to ensure the constant availability and functionality of blindside.
4. Likewise, the provider cannot guarantee that the web application and the application will function equally on all end devices, will be the same in its functionality and layout or will be maintained. The general usability depends on circumstances that the provider cannot influence (e.g. hardware and software of the user, data speed).
5 Furthermore, the provider reserves the right to discontinue blindside in its current form or its parts.
6. The user is also aware that the use of the app and its activation will affect the charge level of the battery of his device and its data volume.
7. The user agrees to refrain from actions that impair or may impair the functionality of the app and the offer (e.g. through software or other scripts).
C. Costs, contract terms, termination
1. The use of blindside is free of charge for all users.
2. The provider points out that the use of the application may incur further costs of the service provider on the part of the user, which are beyond the control of the provider.
3. The provider may exclude users from using the app if they violate applicable law or the provisions of these terms and conditions.
D. Notice of action, duties of users
1. The provider assumes no responsibility for the timeliness, completeness or quality of the content. There is also no verification of the content by the provider.
2. Prerequisite for the compliance and implementation of the suggestions for action and exercises is a good mental, health and physical general condition. In particular, the fitness tips, advice and articles in the content offered on blindside do not replace medical, medical and health advice, but represent a support to improve and maintain the general condition.
3. Before users implement the plans, tips and advice contained in the exercises, they should have their health checked by a doctor, as individual physical and medical characteristics (pre-existing conditions) may mean that certain exercises are not suitable for users.4. content from blindside may not be downloaded or otherwise reproduced.
E. Compensation of trainers for content creation
1. The provider does not currently compensate users for making their content available. This is planned for a later date.
F. Duties for trainers when creating content
1. The trainer undertakes to only upload content to blindside that he/she has created him/herself or for which he/she has obtained the necessary permission to use. Content from third parties must be marked as such.
2. if other persons besides the trainer are recognizable in the content, the trainer gives a legally binding assurance that he/she has the consent of the third parties depicted to use the content within the framework of the platform.
3. the content created by the trainer must not infringe any third-party rights (such as trademark rights, copyrights, personal rights), any applicable laws or offend common decency.
4. the trainer guarantees not to place any advertising (surreptitious advertising) for certain products within the content.
G. Granting of rights for content created by coaches
1. The trainer transfers to the provider the simple right of use of the created content in order to use it within the platform, i.e. in particular to reproduce it and to make it available to third parties within blindside.
2. The provider is entitled to adapt the content and to advertise with excerpts from it for blindside (also outside the platform - e.g. on other social media platforms).
3. The trainer waives his right to be named.
4. The trainer is allowed to use the content created for blindside for private or commercial purposes at any time, as long as the content is not published by a competitor of the provider. If the trainer is unsure whether a third party is a competitor, the trainer will ask the provider for a decision.
H. Granting of rights for the use of blindside
1. The provider grants the users within the scope of this contract only the right to use blindside for the specifications presented in these terms and conditions.
2. Any further use of blindside, in particular duplication, distribution, economic exploitation and decompilation is not permitted without express permission.
I. Changes to the Terms and Conditions of Contract and Use
1. The provider reserves the right to change these terms of contract with effect for the future.
The statutory liability law applies.
1. The provider processes personal data of the customer for a specific purpose and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) are used by the provider for the fulfillment and execution of the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the execution of the contract.
L. Final Provisions (Applicable Law, Contractual Language, Contractual Text, Place of Jurisdiction)
1. Contracts between the Provider and the Users shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless otherwise provided by mandatory law.
2. The contract language is German, as far as no compelling legal regulation opposes it.
3. If it concerns with the customer a buyer, a legal entity of the public right or around a public-legal special estate, is the area of jurisdiction with the registered office of the offerer area of jurisdiction for all disputes from contractual relationships between the customer and the offerer.