{"service":{"name":"adidas","url":"https://www.runtastic.com/en/terms","lang":"ENG","sector":"Sport","hq":"Germany","hq_category":"EU","is_public":"Public","is_paid":"Optionally paid","date":"24.01.2022"},"document":{"title":"","text":"TERMS & CONDITIONS\nPart A: Runtastic\nINTRODUCTION\nVALIDITY OF THE T&C\nSUBJECT OF THE AGREEMENT\nREGISTRATION\nGENERAL TERMS AND CONDITIONS FOR ALL USERS\nSPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS\nDISCONTINUATION\nTERMINATION\nSPECIAL CANCELLATION RIGHT FOR CONSUMERS\nCONFORMITY\nUSER OBLIGATIONS AND CONDUCT\nBREACH OF USER OBLIGATIONS\nCONTENT\nPRIVACY POLICY\nREPRESENTATIONS AND WARRANTIES\nLIMITATION OF LIABILITY\nINDEMNIFICATION BY USERS\nCHANGES TO THE T&C\n\nMISCELLANEOUS\nPart B: adidas Membership Program\nThese Terms & Conditions consist out of two parts. The first part (A) applies to use of the Runtastic Products (as\ndefined below). Part B applies to the adidas Membership Program called e.g. Creators Club, adiClub or\nUniverse. The adidas Membership Program is currently only available and integrated in the Runtastic Products\nin the countries listed here and is therefore only relevant to users in those countries. Runtastic is part of the\nadidas Group.\n\nPart A: Runtastic\nAt Runtastic, our goal is to support our users on their fitness journeys and provide the best possible experience.\nTo achieve this, we have updated our Terms & Conditions (“ T&C ”) which clearly outline rights, responsibilities,\nour Privacy Policy and more details about our products and services.\nThe latest version of our T&C – effective as of January 1, 2022 – will be available to you at all times. Please take\nthe time to read them before using Runtastic services.\nINTRODUCTION\nWho we are. runtastic GmbH, Pluskaufstraße 7, 4061 Pasching, Austria (“ Runtastic ”) operates an interactive\nonline platform (“ Platform ”) and mobile apps (“ Apps ” and together with the Platform, the \" Runtastic\nProducts ”) aiming to connect, and create new opportunities for people who are, or want to become, sports-\nand health-conscious. Runtastic offers Apps apart from and in connection with the services on the Platform.\nEffective as of January 1, 2020 and subject to its discontinuation in accordance with Section 7 , Runtastic offers\na number of Apps that include but may not be limited to the following:\nadidas Running, adidas Training.\nRegistration. In order to be able to use the complete spectrum of Runtastic Products, a one-time registration is\nrequired (see Section 4 ). However, certain content (e.g. information regarding sports, health, or nutrition),\nincluding general descriptions of Runtastic, can be viewed without registration.\nOur Goal. Runtastic’s goal is to make sports enjoyable and to make a positive contribution to people’s health.\nDisclaimer. Your health is very important to us. ALWAYS consult your doctor about your athletic behavior.\nRuntastic neither substitutes your doctor, nor is Runtastic responsible for your behavior. The contents of the\nRuntastic Products, regardless whether they are provided by Runtastic, its partners or users, are not meant to\nsupplement, let alone replace, the information provided by doctors or pharmacies. By accepting these T&C, you\nconfirm that you are solely responsible for your health.\nVALIDITY OF THE T&C\nValidity. Runtastic offers the Runtastic Products on the basis of these T&C. The user consents to the validity of\nthese T&C and any agreements incorporated therein by reference either by (i) using the Runtastic Products, in\ncase they are available without registration, or (ii) registration, in case they require an account. These T&C shall\nbe valid until cancelled in the currently valid version as of January 1, 2022.\nPrerequisite. Neither the registration nor the use of the complete spectrum of Runtastic Products shall be\npossible without consent to these T&C.\nExtent. These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for\nRuntastic Products. In particular, the Runtastic online offering will be accessible via Runtastic.com .\nSUBJECT OF THE AGREEMENT\nCurrently, Runtastic essentially offers its users the following features and information in several languages:\n\nPlatform.\nPersonal profile page, including personal details;\nNews regarding Runtastic in short form;\nMobile Health & Fitness Apps;\nContent, e.g. texts, pictures and videos, regarding sports, health and nutrition, that is presented by\nRuntastic and professional third parties (sports coaches, trainers,...);\nStatus messages;\nA blog presenting company information, products and news regarding health and fitness in long form; and\nOther content, such as:\nAbout us: Short description of Runtastic;\nCompany offers: Offers of Runtastic addressed to companies;\nAdvertising by Runtastic and/or third parties;\nSupport for users;\nPrivacy Policy and these T&C;\nPress & Media Center;\nJobs; and\nLegal information.\nApps. Applications for Apple iPhones, Android phones, and other smartphones and other devices on a\nglobal scale, that can be used both isolated on the smartphone as well as in connection with the\nPlatform.\n3.2.2. Subject to the user’s consent, relevant data is transmitted from the smartphone to the Platform and\nshared with other social networks (e.g., Facebook), respectively. Please see our Privacy Policy\nfor more information.3.2.3. The user hereby confirms the user’s knowledge that as a result of the\ntransmission of data from the smartphone to the Platform, certain costs of the mobile carrier will be\nincurred that have to be borne by the user.\n3.2.4. The Apps are only available to users of smartphones and other devices. Without a Premium\nMembership, as defined below, only the Basic Features, as define bellow, are available.\n3.2.5. Additional terms and conditions on the part of the mobile phone providers apply.\nREGISTRATION\nBasic Membership. The Runtastic Products require a one-time registration. The minimum age for registration is\ndetermined by country. The list of age limits can be seen in full here\n. The “ Basic Membership\n\" makes only basic options and features in the Apps available to users (“ Basic Features\n”). Runtastic offers users three ways of registering:\nvia the registration form provided on the Platform;\nvia one of the Apps: For purposes of registration, the user shall provide the details requested by the registration\nform, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as\nvoluntary. Registration is only possible by using the user’s civil name, i.e., the use of fantasy names or\npseudonyms is not possible; or\nvia adoption by Runtastic of registration details provided by the user in the social networks Facebook or\nGoogle: Registration via Facebook Connect or via Google Sign-In requires the user to confirm that the selected\ndetails, which the user previously provided on Facebook or Google, shall be adopted by the Runtastic network.\nThe user can subsequently add to or reduce such details in such user’s profile on the Platform; or\nif available in your country: via the registration forms provided by adidas on its websites and/or apps.\nPremium Membership. A Runtastic Premium Service for Premium Members, with all options and features\n(\" Premium Membership ”), is also available against payment of a certain price. With this Premium Membership\nadditional options and features (“ Premium Features ”) that are not available to Basic Members, are unlocked.\nRuntastic may offer Apps with or without Premium Features being available for that specific App.\n4.2.2. Specific Premium Member Terms & Conditions as set forth in Section 6 apply to the Premium\n\nMembership. Unless otherwise specified in the T&C or Section 6 , all other provisions of these T&C also apply\nto the Premium Members.\n4.2.3. By registering as a Premium Member, you confirm that you meet the age requirements stated in the\napplicable law (more information to be found here ) and are thereby legally entitled to enter into contracts. If the\naforementioned representation is not true, Runtastic is not bound by these Premium Conditions.\nMinors. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register\nwith Runtastic.\nConsequences of Registration. By registering, the user confirms his/her knowledge and the unlimited\nrecognition of the content of these T&C as well as that all registration data is true, accurate, current, and\ncomplete, and he/she will keep all registration information up to date.\n4.4.2. Each user shall register with Runtastic once only, and confirms with his/her registration that he/she has\nnot registered an account with Runtastic before and has not deleted a previously activated user account.\n4.4.3. Following successful registration, the user (then the “ Registered User ”) can log on to the Platform by\neither (i) entering his/her email address and the chosen password, or (ii) accomplishing the login via Facebook\nConnect, or Google Sign-In.\nRights of Runtastic. Runtastic reserves the right to reject users without giving reasons. In this event, any\ntransmitted details will be deleted promptly.\n4.5.2. If you provide any information that is untrue, inaccurate, not current or incomplete, or Runtastic has\nreasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Runtastic\nhas the right to suspend or terminate your account immediately and without prior notice and to refuse any and\nall current or future use of the Premium Services (or any portion thereof), without the Registered User being\nentitled to a refund of any previously paid amount.\n4.5.3. In any event, Runtastic reserves the right to contact you at any time to verify your registration data.\nUser Identity. Runtastic is not responsible for the actual identity of the user, since personal identification via the\ninternet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to\nentering into any form of interaction with such users, e.g., adding as a friend or by writing messages.\nGENERAL TERMS AND CONDITIONS FOR ALL USERS\nFraud protection. You must protect your account from unauthorized and fraudulent use. Please notify us\nimmediately by email at fraudprotection@runtastic.com or, for Premium Members, premium@runtastic.com ,\nof any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.\n5.1.2. Runtastic will not refund any amounts paid by you to Runtastic before you report an unauthorized or\nfraudulent use of your account.\n5.1.3. Runtastic has the right to close or cancel the account of any Registered User in the event of any\nunauthorized or fraudulent use of the account.\nPromotions and Free Offers. Runtastic may run promotions and free offers, which may be subject to additional\nterms or restrictions. These promotions and offers may not be transferred between users.\nChanges to the Runtastic Products. Runtastic reserves the right to change options or features - including\nPremium Features - in the Runtastic Products. In most cases Runtastic makes changes to the Runtastic\nProducts to enhance or improve them. We might also make modifications if such are necessary to comply with\nchanges in legislation, technical and/or safety requirements or to reflect changes in our company and product\nstrategy and to respond to the market and competitive situation. Insofar as the changes will not have a material\nadverse effect on your use of the Runtastic Products, Runtastic will not refund previously paid amounts, unless\notherwise provided for in Section 7 .\nSPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS\nSubscription Requirement. In order to use the Runtastic Premium Service for Premium Members, you must (i) be\na Registered User, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or\namounts associated with the Premium Services, by credit card, via AppStores, or any other form of payment\naccepted by Runtastic (the “ Subscription \").\nTypes and Prices of Subscription. Runtastic offers different Subscription periods so that you can choose the one\nthat best satisfies your needs. The different Subscription types and applicable prices are available for viewing h\n\nere or in the App Stores. All prices are subject to change at Runtastic’s discretion at any time. Any price\nchanges will be announced on the Platform or in the App Stores.\nPayment. Payment is made in advance for each subscription period. In other words, you can select the\nsubscription period that best satisfies your needs to access the Premium Services. Once you signed up and\npaid for the Subscription, the selected validity period will be associated with your account.\n6.3.2. Payments for the entire term of your Premium Membership shall be due immediately upon invoicing.\nPayment can be made using different online payment systems. If Runtastic is unable to collect any fees from an\naccount designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including\nbank charges related to any debit entries or similar charges. Runtastic may deliver invoices and payment\nreminders to the user by email.\nAutomatic Renewal. When your Subscription period expires, your credit card will be charged automatically with\nthe standard subscription price which was valid at the time of Subscription, i.e., special offer prices do not apply\nin this case, and your Subscription will be renewed for the same period of time unless you cancel your\nSubscription, at least prior to the expiration of your current Subscription. The standard subscription price can be\nviewed on the Platform and in the App Stores.\nCancellation. You may cancel your Subscription to Runtastic Premium Service for Premium Members at any\ntime by initiating the cancellation on the Platform or via the App Store. Unless otherwise provided for in Section\n7 , Runtastic will not refund previously paid amounts.\nExpiration. Subject to Section 6.4 , for lack of a user’s cancellation of such user’s Subscription, each\nSubscription period ends only upon expiration of the agreed-upon time period, and regardless of the user’s\nactual use of the Runtastic Premium Service for Premium Members during such period. Each user can check\nthe length of the current Subscription period by viewing such user’s account information.\nContact. Please contact us for any questions you might have or to report any violations of the Premium\nConditions in this Section 6 at premium@runtastic.com .\nApplication of Other Rules. Unless otherwise specified in this Section 6 , all other provisions of these General\nT&C apply also to the Premium Members.\nDISCONTINUATION\nDiscontinuation of Runtastic Products. Runtastic reserves the right to discontinue one or more Runtastic\nProduct. We might discontinue Runtastic Products if this is necessary to comply with changes in legislation,\ntechnical and/or safety requirements or to reflect changes in our company and product strategy and to respond\nto the market and competitive situation. All users shall be given reasonable prior notice of the discontinuation of\na Runtastic Product. After the notification, Premium Members shall be able to use the App for the duration of\ntheir current Subscription period. Please note that during this period the two following limitations apply:\n1. It may not be possible to download the App on another device.\n2. Runtastic will not update the Runtastic Product during this period for any other purposes than security and\nconformity with the contract. This means that if the operating system of your device is updated or if other\nrelevant third party technical services change during this period, it may not be possible to use the Runtastic\nProduct any longer. Runtastic assumes no liability for this.\nIf you have purchased your Premium Membership through an App that will be discontinued, your Subscription\nwill not be automatically renewed and will expire at the end of your current Subscription. If you have purchased\nyour Premium Membership through another App - that will not be discontinued - automatic renewal as\ndescribed in Section 6.4 shall still occur. Subject to the two limitations as described above, only if Runtastic\ncannot provide the possibility for you to use the App until your current Subscription period has ended, are you\nentitled to a pro rata refund of the payment for the current Subscription of your Premium Membership. If this\noccurs, you can contact Runtastic (see Section 6.7 ) to claim your refund.\nNotice. Runtastic may give notice as mentioned under Section 7.1 by informing you either by email or through\ncommunication within the Runtastic Products.\nTERMINATION\nGeneral. Each user shall have the right to terminate the use of Runtastic Products at any time via his/her\naccount settings. Such termination shall be confirmed to the user.\n\nRuntastic’s Termination Right. Additionally, Runtastic reserves the right to terminate a user’s membership for\nimportant reasons, such as due to gross breaches of the user’s obligations as set forth in these T&C and\nancillary agreements.\nConsequences of Termination. If you have generated, transmitted, saved, published content, or otherwise made\ncontent available through the Runtastic Products, the rights granted to Runtastic in accordance with Section\n13.4 in relation to this content, which does not qualify as personal data, shall expire upon terminating the use of\nthe Runtastic Products. This does not apply if such content:\nhas no use outside the context of the Runtastic Products,\nis exclusively related to your use of the Runtastic Products,\nhas been aggregated by us with other data and cannot be disaggregated or can only be disaggregated\nwith disproportionate effort, or\nwas generated by you together with otherusers, provided that other users can still use the data.\nFor personal data, the provisions of the Privacy Policy ( Section 5.2 ) apply.\nRequest for data. If you generated, transmitted, saved, published or otherwise made available through the\nRuntastic Products content, we shall, at your request, provide you with the content, which does not qualify as\npersonal data, free of charge, within a reasonable period of time and in a common and machine-readable format\nafter the termination becomes effective. This does not apply if such content:\nhas no use outside the context of the Runtastic Products,\nis exclusively related to your use of the Runtastic Products or\nhas been aggregated by us with other data and cannot be disaggregated or can only be disaggregated\nwith disproportionate effort.\nFor personal data, the provisions of the Privacy Policy ( Section 6.3 ) apply.\nFurther Information. Please see our Privacy Policy for further information on the deletion of your account.\nSPECIAL CANCELLATION RIGHT FOR CONSUMERS\nApplication of Consumer Laws. If you are a Registered User, using the Runtastic Products for a purpose that is\nnot related to either your commercial or professional freelance activity, the following provisions apply to you as a\nconsumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz;\nKSchG).\nRight of Withdrawal from Contract - You may cancel your agreement with Runtastic in writing, e.g., by letter\nor email, within 14 days of the date on which the agreement was entered into without stating any reasons. You\ncan cancel the agreement by sending your notification to:\nruntastic GmbH, Pluskaufstraße 7, 4061 Pasching, Austria\nor via Email: cancellation@runtastic.com .\nConsequences of Cancellation - In the event of cancellation, any benefits received by one party from the other\nmust be returned, and any economic advantages gained must be repaid. If you are not able to return the\nservices rendered to Runtastic in full or in part, you are obligated to reimburse Runtastic for the value lost - in\nrelation to the time of use of the rendered services. This may mean that you are required to fulfill your payment\nobligations proportionally until cancellation has become effective. Obligations to reimburse costs must be\nfulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we\nreceive it.\nCancellation. The exercise of your cancellation right pursuant to this section may occur via the following cancell\nation form :\nI/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the\nprovision of the following service (*),\nOrdered on (*)/received on (*),\nName of consumer(s),\nAddress of consumer(s),\nEmail address of consumer(s) which is used to login to Runtastic Products,\nSignature of consumer(s) (only if this form is notified on paper),\nDate\n(*) Delete as appropriate\n\nCONFORMITY\nConformity. We have a legal obligation to make sure that the Runtastic Products conform to the contract.\nUpdates. As part of this legal obligation, we will, from time to time, offer and request you to install security and\ntechnical updates for the Runtastic Products. It is your responsibility to install such updates without delay and\nto update the operating system of your end device if this is required for such updates. We will not be liable for\nany lack of conformity of the Runtastic Products resulting from the lack of the relevant update when you fail to\ninstall the update that we supplied to you.\nRemedies. If our Runtastic Products do not conform to the contract of sale and/or the statutory conformity\nrequirements, you have the right to have the defect corrected. Your right to claim lack of conformity expires two\n(2) years after the termination of the membership.\nCooperation You are required to reasonably cooperate with us to assess whether the cause of a lack of\nconformity lies in your digital environment. If you do not provide such cooperation, the burden of proof of any\nconformity of the Runtastic Products will lie with you.\nUSER OBLIGATIONS AND CONDUCT\nUser Obligations. Each user of the Runtastic Products must:\ntruthfully provide, and keep current and complete, his/her registration details, and must not pass on such\ndetails to third parties;\nonly save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or\nvideos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use\nsuch content or, (ii) in the event that the user is not the owner of such rights with respect to content\nprovided by it, if the user guarantees to Runtastic that all required rights, licenses, permits etc. have been\nvalidly obtained. This shall also apply to content subject to intellectual property rights, such as trade\nnames and trademarks. The user shall be exclusively responsible for such content;\nnot save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating,\nsexual, glorifies violence or is otherwise illegal;\nnot to send chain letters or messages to more than one recipient at any one time, i.e., the user must not\nsend mass emails or spam;\nnot carry out any disrupting interferences in the Runtastic network, including the Runtastic Products, by\nuse of technical or electronic aids, such as hacking attempts, brute force attacks, planting of\nviruses/worms/trojans and other disrupting attempts regarding Runtastic’s software or hardware;\nnot copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible\ndetails without the consent of the respective owner;\nprovide prompt notice via email to fraudprotection@runtastic.com of any detected breaches of the\naforementioned obligations;\ndiligently care for the personal details and only allow such persons access to their own details that are\nclose to the user; and\nregularly save important personal details externally, e.g., on an external storage medium, hard drive or in\nthe cloud. Runtastic shall not be responsible for any lost or impaired details.\nBREACH OF USER OBLIGATIONS\nSanctions. In order to ensure the proper and reliable provision of Runtastic Products, Runtastic imposes the\nfollowing sanctions upon breach of user obligations by a user:\nwarning;\ndeletion of content;\ntemporary deactivation of user account; and\ncancellation (irrevocable deactivation).\nThe type of sanction shall depend on the purpose, impact, and type of the breach in light of Runtastic’s and the\nuser’s interests.\n\nCancellation. In the event a user account shall be cancelled in accordance with this Section, the respective user\nshall not be permitted to register again.\nCONTENT\nGeneral. Runtastic permits its Registered Users to use the offered portfolio of Runtastic Products in accordance\nwith statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with\nother users.\nTracking. The user consents that, as a result of the automatic evaluation of the way such user uses the Platform,\nit may be exposed to certain offers and/or marketing messages tailored to such user. Please see our Privacy\nPolicy concerning tracking for marketing purposes.\nDisclosure. Runtastic shall have the right to save content or disclose such content to third parties, to the extent\nthis is required by law, or legally permissible and reasonably necessary, in order to\ncomply with statutory law, or court or administrative orders;\nensure compliance with these T&C;\nreact to claims of breaches of law raised by third parties; or\nsafeguard the rights, property or personal safety of Runtastic, its users and the general public.\nUser Content. The user grants Runtastic the irrevocable, free, non-exclusive and unlimited right to use all\ncontent generated, transmitted, saved and published by such user. Accordingly, Runtastic shall have the right to\nuse, irrespective of the type of usage, all content both as part of the Platform and any other activity of Runtastic\nor any company affiliated with Runtastic. This shall include the right to change and edit such content, unless\nsuch changes or edits impair material interests of the user. In this connection, the user waives, to the extent\nlegally permissible, all intellectual property rights. However, to the extent feasible, in the event that Runtastic\nuses content created by a user outside the Runtastic Products, Runtastic shall note that such content was\ncreated by the user.\nOwnership. Runtastic does not claim ownership of any content created by users and will not supervise such\ncontent.\nDeletion. Runtastic reserves the right to delete content created by users, such as routes, photos, events or\ncomments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these\nT&C, may be sanctioned in accordance with Section 12 .\nInaccurate Content. Runtastic shall not be responsible for inaccurate content created by users, e.g., details\nregarding routes or events etc.\nPRIVACY POLICY\nPlease see the separate Privacy Policy available on www.runtastic.com/privacy-policy that is an integral part\nof this agreement.\nREPRESENTATIONS AND WARRANTIES\nLimitation. Runtastic does not claim or warrant that\nthe Runtastic Products will be available at all times, or that they and the necessary hardware and software\nwill be completely free from errors; and\nthe transmission of data via other systems, in particular the internet and telecommunication networks, is\nnot tracked, recorded or distorted by third parties.\nOwn Risk. The user uses the Runtastic Products exclusively at his/her own risk. This applies, without limitation,\nto\nthe related use of any hardware, including, but not limited to, (i) the respective smartphone, e.g., in the\ncourse of using the feature “measuring pulse”, by pressing the photo light for a prolonged period, the\nuser’s finger may heat up, (ii) chest straps, and (iii) smartphone dongles;\ndownloading of the user’s own and third party content; and\n\nany use by the user of data created or provided by Runtastic, including, but not limited to (i) measured\npulse or altitude details, or (ii) recommendations for actions, e.g., workout plans etc. The user explicitly\nacknowledges that any such data or content may contain errors, and Runtastic does not, to the extent\npermitted by law, assume any responsibility for the correctness of such data.\nMedical Advice. The use of any software or hardware offered by Runtastic is no substitute for the consultation\nby the user of a specialized doctor.\nExternal Content. Additionally, Runtastic does not make any representations or warranties with respect to\nexternal links, banners or other information and marketing offers that may be made accessible to the user. Any\ncontractual arrangements entered into between the user and a third party provider, e.g., via linked websites or\nbanners, result in a contractual relationship between such user and the third party provider only. Runtastic does\nnot make any representations or warranties with respect to products or services of third party providers.\nLIMITATION OF LIABILITY\nGeneral. Runtastic shall be liable for damages as currently provided by law, regardless of the statutory basis of\nsuch liability (precontractual, contractual, tort) only if Runtastic has caused a certain damage willfully or with\ngross negligence. In the event of slight negligence, Runtastic shall not be liable to other businesses and shall be\nliable to consumers only for personal damages. Runtastic shall not be liable to businesses for follow-on\ndamages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.\nContent. Unless required by statutory law, neither Runtastic nor any of its business affiliates shall be liable for\ndamages resulting from the use of content made accessible through the use of the Platform or other forms of\nuse of the Runtastic Products. This also applies to damages resulting from errors, problems, viruses or loss of\ndata.\nDownloads. Runtastic assumes no liability for downloaded material or material obtained as a consequence of\nusing the Runtastic Products. The Registered User is solely responsible for any damages caused by such\nmaterials to his computer or smart phone system or for information that is lost as a consequence of\ndownloading materials from any of the Runtastic Products.\nConflicts. The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from\nor related to conflicts with other users. The Registered User acknowledges and accepts that Runtastic will not,\nunder any circumstances, be liable for the acts and omissions of other users, including the damages associated\nwith such acts or omissions.\nINDEMNIFICATION BY USERS\nIndemnification. The user shall indemnify Runtastic for all claims raised by third parties as a result of an\ninfringement of their rights by the user in connection with content uploaded to or any of the Runtastic Products\nby such user or as a result of any other usage by such user of applications available from Runtastic. The user\nshall bear the costs of any legal proceedings, in which Runtastic may be involved in connection with such\nclaims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at\nfault in causing such infringement.\nSupport. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely\nmake available to Runtastic all information available to such user that may be necessary to verify such claim and\ndefend against it. Any additional claims for damages that Runtastic may be entitled to bring against the user\nshall not be affected.\nCHANGES TO THE T&C\nGeneral. Runtastic reserves the right to amend these T&C from time to time for a number of reasons including,\nwithout limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service\nreasons. At any time, the then-current version of these T&C is available for viewing on the Platform as well as in\nthe Apps.\nChanges. In case of minor changes to these T&C (if, for example, there is a change in the law that means we\nneed to change these T&C), we may simply make the new T&C available for viewing on the Platform and in the\n\nApps. Please check these T&C regularly to ensure that you understand the up-to-date terms. For any significant\nchanges to these T&C that will materially adversely impact you, Runtastic will either obtain your specific consent\nto the changes through communication in the Runtastic Products, or Runtastic will inform you of any changes at\nleast two weeks prior to the effective date of the changes via email to the address provided during Registration\n(“ Amendment Information ”). From receiving the Amendment Information, you will have an objection period of\ntwo weeks.\n18.2.2. The Amendment Information will entail (i) the updated T&C, (ii) the effective date of the changes, (iii) a\ntwo-week objection period, (iv) information on the consequences of omitting an objection.\n18.2.3. If you do not object to the changes, the updated T&C will be deemed accepted.\n18.2.4. In the event that you object to the changes, Runtastic is entitled to terminate the user contract and\ndelete your user account, under consideration of your interests if continuing of the contractual relationship\nunder the scope of the current terms and conditions is not possible or unreasonable for Runtastic.\nWritten Form. Subject to Section 18.1 and Section 18.2 , any changes to these T&C must be made in writing.\nNo ancillary oral arrangements exist.\nMISCELLANEOUS\nSeverability Clause. In the event that individual provisions of these T&C shall be or become invalid, all other\nterms and conditions shall remain in full force and effect.\nGoverning Law and Jurisdiction. These T&C and all contractual relations and litigation between the users and\nRuntastic shall be governed by Austrian law, excluding the conflict of law-provisions and the United Nations\nConvention on Contracts for the International Sale of Goods.\n19.2.2. Place of delivery and exclusive court of jurisdiction shall be Linz, Austria.\n19.2.3. This section is not relevant for any users that are consumers within the meaning of the Austrian\nConsumer Protection Act (Konsumentenschutzgesetz, KSchG).\nPart B: adidas Membership Program\nIF YOU USE ANY RUNTASTIC PRODUCTS IN THE COUNTRIES LISTED HERE , YOU\nSHALL AUTOMATICALLY BECOME A MEMBER OF THE ADIDAS MEMBERSHIP\nPROGRAM (CALLED E.G. CREATORS CLUB, ADICLUB) IF YOU ARE NOT A MEMBER\nALREADY. PLEASE CHECK THE LIST REGULARLY AS IT MIGHT BE\nSUPPLEMENTED.\nThis membership is subject to specific Terms & Conditions. By continuing to use a Runtastic Product in one of\nthe listed countries, you hereby accept the respective Creators Club Terms & Conditions. You can find those\nTerms & Conditions applicable in your country here . Please note that in these countries the adidas\nMembership Program is an integral part of Runtastic Products and Runtastic Products cannot be used without\nadidas Membership Program in these countries. That particularly means by cancelling your adidas Membership\nProgram, you also cancel your use of Runtastic Products.\n\nLast updated: 24 January 2022\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":0,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract, but only in relation to businesses"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":0,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence, but only in relation tu businesses"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":0,"explanation":"When the company reserves the right to change the service without a valid reason specified in the contract (the company reserves the right to change the service in a vague way, by using non-precise, general reasons that are hard to interpret by the consumer and give the company freedom to understand them broader than necessary)"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Main parameters used in recommender systems","legal_ground":"Article 29 DSA*","code":"recom","score":-1,"explanation":"Not setting out in the ToS the main parameters used in the fully or partially automated systems used by online platforms to suggest or prioritize information to recipients of the service (recommender system)."},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":1,"explanation":"Clause ensuring the right to retrieve all of the digital content belonging to the user after contract's termination"},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}