General Freeletics STÆDIUM Sales Conditions

General Note: The following General Freeletics STÆDIUM Sales Conditions are intended for use with our international customers for which we do not provide localized terms and conditions.

1. Introduction

These General Freeletics STÆDIUM Sales Conditions define the legal framework for sales, deliveries, services and the offer of products by Freeletics GmbH. Our General Terms and Conditions of Business for Using Freeletics are also applicable (especially for performance of a service and/or the provision of digital content that is not stored on physical data carriers) as are the stipulations on our websites and software applications regarding returns, terms of delivery, prices and other customer information (collectively referred to as the “General Freeletics Terms and Conditions”). The term “Freeletics websites” is used below to refer to all Freeletics websites, especially but not exclusively www.staedium.com and www.freeletics.com.

2. Parties to the contract

Our range of products is aimed exclusively at customers who are at least 18 years of age and have full legal capacity. Freeletics is intended exclusively for consumers. The legal definition of a consumer is any natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Contractor describes any natural or legal person or legal partnership that enters into a legal transaction in exercising their self-employed professional or commercial activity.

The use of Freeletics products or services for business or other commercial purposes is expressly prohibited.

3. Freeletics contract subject matter, conclusion and prices

3.1 Subject matter of the contract

These General Freeletics STÆDIUM Sales Conditions form the basis for the offer and delivery of goods and services by Freeletics GmbH, Berg-am-Laim-Straße 111, 81673 Munich, support@staedium.com (hereinafter referred to as “us” or “we”). The subject matter of the contract is the sale of products, including where this involves the performance of a service and/or the provision of digital content that is not stored on physical data carriers. For complete access to certain Freeletics STÆDIUM services and products, you will need the appropriate user account and membership. For simplicity, within these General Freeletics STÆDIUM Sales Conditions, STÆDIUM membership is also referred to as the “subscription”. More detailed information about this can be found in the General Terms and Conditions of Business for Using Freeletics.

Insofar as any additional provisions apply for specific Freeletics services, we will indicate this in due course prior to your use of the service.

3.2 Conclusion of the contract

The contract comes into effect via our online shopping basket system, as follows:

The product intended for purchase is placed in the “basket”. The relevant button on the navigation bar can be selected to display the “basket” and make changes at any time. After entering your personal details along with the shipping and payment terms, all the order details will be displayed once more on the order summary page. If you choose a direct payment system (e.g. PayPal or credit card), you will either be taken to the order summary page in our online shop or first to your payment provider’s website. If you are transferred to the relevant direct payment system, you will select the appropriate option or enter data there. Next, you will be shown the order data in the form of an order summary on the payment provider’s website or once you have been transferred back to our online shop. When you submit the order using the relevant button (“confirm order” or similar) you are making a legally binding declaration that you accept the offer, which results in the contract coming into effect.

Order processing and the transmission of all information required in connection with contract conclusion is done by email and is partially automated. You must therefore ensure that the email address we have for you is correct, that there are no technical issues preventing receipt of the email and, most importantly, that the email will not be blocked by a spam filter.

We are entitled to subsequently withdraw from the contract and not supply the purchased products. In this event, we will immediately notify you and reimburse any payments you have made thus far.

3.3 Prices

Prices listed on product pages include the statutory value added tax and other price components and always exclude the relevant shipping costs.

These costs will be indicated separately during the order process and are always covered by you unless we have promised free shipping.

If the delivery is to a country outside the European Union, additional costs may be incurred that are not our responsibility, e.g. customs, taxes or money transfer fees (bank transfer or exchange rate fees), which you will be liable for.

You will be liable for costs arising from money transfers (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state, but the payment was made outside the European Union.

4. Payment terms and payment methods

4.1 Payment terms

Insofar as this is indicated during the purchase process for Freeletics STÆDIUM services and products, an advance payment will be due on the purchase price when the contract is concluded, where the amount due will have been specified within the offer. The remaining payment will be made when the goods are dispatched and will be settled automatically via your chosen payment method.

For complete access to certain Freeletics STÆDIUM services and products, you will need an appropriate subscription. More detailed information about this can be found in the General Terms and Conditions of Business for Using Freeletics. The cost of the subscription will be due when the subscription is first activated and will be charged automatically on activation via the payment method you chose during the purchase process.

In addition, the payments due from the purchase contract are payable immediately. If we offer you payment by installments or purchase on account via a payment provider, payments will be due in accordance with the installment payment agreement for the relevant payment provider.

4.2 Payment provider

On our website, we give you an overview here of the payment methods we accept. We reserve the right to require a credit check for certain payment methods and to refrain from offering certain payment methods and to refer to other payment methods. Where charges would be incurred for using a payment method, we will indicate this during the payment process. Payment providers can offer payment by installments for a fee at their own discretion. This fee is charged directly by the relevant payment provider and must also be paid directly to them. The terms and conditions for the relevant payment provider will be applicable. Please note, we will not be able to reimburse these fees in the event of cancelation.

Insofar as we incur costs and/or expenses through a payment being declined and this is your fault (e.g. due to insufficient funds in the account or because the credit card limit has been exhausted), we are entitled to charge you the relevant amount to cover the resulting costs and/or expenses. We reserve the right to assert additional claims on account of late payment. This includes closing the user account.

If your selected means of payment is frozen (e.g. due to theft) or if there are other security breaches (e.g. unauthorized disclosure of username and password), please notify us or your payment processor immediately.

The right of set-off only applies if your counterclaim is undisputed or has been established in law. You are only entitled to assert a right of retention if your counterclaim is based on the same contractual relationship.

4.3 Refunds and returns

If you use your right of withdrawal or send purchased products back to us under our voluntary return conditions, we will reimburse the amount paid within 14 days of receiving the relevant goods. We reserve the right to check the goods first to ensure they are intact and complete.

We will use the same payment method as you chose to make your payment.

5. Right of retention, retention of title

We retain ownership of the relevant goods until the purchase price has been paid in full (including value added tax and shipping costs). Accordingly, you are obliged to handle the goods with care. Until the full purchase price has been paid, you must let us know immediately if the goods are subject to any third-party rights or other third-party intervention so that we can assert our right of ownership. In addition, third parties must be informed about our right of ownership.

If you default on payment, we may withdraw from the contract and demand the return of any goods that have already been delivered under retention of title.

6. Delivery conditions and transfer of risk

6.1 Delivery conditions

On the relevant product page and during the order process, we will let you know about delivery times, delivery conditions and potentially any delivery restrictions. Our website also lists delivery restrictions. Unless explicitly agreed otherwise, we will use our reasonable discretion to determine the appropriate shipping method and transportation company and will supply the goods to your specified address. If you have ordered several items with different lead times, we are entitled to ship these items in a single consignment. The relevant delivery time will then be determined by the item with the longest delivery time.

Any deadlines for shipping the items, which we specified when the order was placed or agreed in some other way, begin when the sales agreement is established and end at midnight on the last day of this deadline period. If this falls on a Sunday or an official public holiday at the delivery location, the deadline is extended to the next working day. The deadlines we specify may be exceeded by up to two working days. Compliance with the dispatch date is defined by the date on which the goods are transferred by us to the transportation company. If we fail to adhere to a binding delivery deadline that we have agreed, you are entitled to set a reasonable extension on this deadline. If we still cannot deliver within this extended deadline and if statutory provisions do not preclude the setting of an extension period, you are entitled to withdraw from the contract or to assert claims for compensation in lieu of the service.

We are entitled to subsequently withdraw from the contract and not supply the purchased products. This applies in particular if, through no fault of our own, the goods cannot be delivered or cannot be delivered on time despite timely reordering, and if the delay to delivery is more than three working days (congruent hedging transaction). In this event, we will immediately notify you and reimburse any payments you have made thus far.

If the delivery address you specified during ordering is incorrect or incomplete, or if we fail to find you in on an agreed delivery date and the products are thus sent back, we reserve the right to charge you for the resulting costs incurred (e.g. transport and storage costs).

6.2 Transfer of risk

We are only liable for the correct delivery of goods on schedule to the transport company and are not responsible for any delays caused by the transport company. Consequently, any shipping time specified by us (the period between handover of goods by us to the transport company and delivery to you) is not binding. By contrast, however, if we have made a contractual agreement with you regarding installation or assembly work, we are required to complete this work on time and hand over to you at the time and location agreed in the contract.

Insofar as you are a consumer, the risk of accidental destruction, damage or loss affecting the supplied goods is transferred to you at the point when the goods are delivered to you or when you default in taking delivery. This does not apply if you have independently commissioned a transport company not designated by us, or some other individual to perform the delivery. By contrast, if we have agreed installation or assembly work with you, the risk of accidental loss is always transferred once the work has been completed and handed over to you at the time and location agreed in the contract.

7. Right of withdrawal and voluntary return conditions

7.1 Withdrawal policy

If you agree a purchase contract with us about a Freeletics STÆDIUM product, you are entitled to the following right of withdrawal.

You are entitled to withdraw the contract within 14 days without providing a reason. The withdrawal deadline is 14 days from the date on which you or a designated third party, who is not the carrier, received the goods or, for partial deliveries, received the final delivery. In case of a user contract or a contract regarding one-off additional services for digital content that is not supplied on physical data carriers, the withdrawal period begins from the date on which the contract was agreed. If the ordered goods can only be put into operation upon activation of a subscription (paid user contract), the withdrawal period shall only run from the date on which you were first able to activate the subscription. Please note that certain products are only sold as part of a package. These products involve inseparable services, so a partial withdrawal is excluded. Of course, you are free to withdraw the contract with regard to the overall product package. For product packages, the withdrawal period begins as soon as you have taken ownership of the final item.

To exercise your right of withdrawal, you must contact us:

Freeletics GmbH
Berg-am-Laim-Straße 111
81673 Munich

support@staedium.com

+49 89 4520 5180

making a clear statement (e.g. a letter by post, or a fax or email) letting us know your decision to withdraw the contract. You can use the attached template withdrawal form; however, this is not mandatory. The template withdrawal form can be completed and submitted electronically. If you avail yourself of this option, we will send immediate confirmation (e.g. by email) that we have received the notice of withdrawal. The withdrawal deadline is deemed to have been met if you send the message about exercising your right to withdraw before the end of the withdrawal period.

Consequences of withdrawal

If you withdraw the contract, we must immediately reimburse all payments we have received from you, including delivery costs (except additional costs incurred if you selected a different delivery method from the least expensive standard delivery offered by us), with this reimbursement taking place within 14 days of the date on which we received the notification of your contract withdrawal. We will use the same payment method for this reimbursement as you used for the original transaction, unless we have explicitly agreed otherwise; on no account will you be charged a fee due to this reimbursement. Insofar as your use of a payment method (e.g. payment by installments) is subject to a fee, which is charged directly by the relevant payment provider and must be paid to them accordingly, these fees are excluded from our reimbursement in the event of a withdrawal.

We may refuse reimbursement until we have received the items back or until you have provided evidence that the items have been returned, depending on which of these happens earlier. We reserve the right to check the items when we receive them to ensure they are in good condition and are working correctly. If we establish that an item has suffered a depreciation that can be attributed to your failure to handle the item with sufficient care, we can charge you for the possible loss in value or factor this into the reimbursement.

We will cover the cost of the return if you use the returns label provided by us or if the item is collected by us or by a carrier we have appointed. Otherwise, the cost of returning the item must be covered by you.

End of the withdrawal policy

7.2 Expiry of the right to withdrawal

The right to withdrawal expires:

1. for a contract to perform services provided we have completed the provision of the service and only began performing the service after you gave your explicit consent and simultaneously confirmed that you were aware you would lose the right to withrawal once we had completely fulfilled the contract.
2. for a contract covering the supply of digital content not located on physical data carriers provided we have started the contract performance, after you have given your explicit consent and simultaneously confirmed that you were aware you would lose the right to withdrawal once the contract performance had begun.
3. for the delivery of sealed goods, which are not suitable for return for health protection or hygiene reasons, if the seal has been removed after delivery; and also
4. for the supply of sound or video recordings or software (such as PC and video games) in a sealed package, if the seal has been removed after delivery.

7.3 Template form for your withdrawal

To make it as easy as possible for you to withdraw, you can use the withdrawal form below.

Please make sure you indicate the specific Freeletics Service you wish to withdraw.

If you want to withdraw the contract, please complete this form and return it to:

Freeletics GmbH
Berg-am-Laim-Straße 111
81673 Munich

support@staedium.com

+49 89 4520 5180

I/we (*) hereby withdraw the contract I/we (*) agreed for the purchase of the following goods (*)/the provision of the following service (*)

Ordered/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Email address of the consumer
Signature of the consumer(s)
Date

(*) delete as appropriate

7.4 Test phase

Insofar as this is indicated within the order, in addition to the statutory right of cancelation pursuant to Clause 7.1 - 7.3, we may grant you an additional voluntary 30-day right of return for our Freeletics STÆDIUM products. This 30-day period begins from the date on which you or a designated third party, who is not the carrier, received the goods or, for partial deliveries, received the final delivery. You thus have the option of either canceling the contract within 14 days of receiving the goods, or of withdrawing from the purchase contract within 30 days of receiving the goods. To assert your right of return, please contact support@staedium.com within the relevant period.

To exercise your voluntary right of return, you must return the product to us within 14 days of the end of the right of return period or of the withdrawal declaration (whichever is earlier), whereby the returned item must be complete and free from any damage caused by you. As soon as we have received the items, we will reimburse any payments you made within 14 days. We will use the same payment method for this reimbursement as you used for the original transaction, unless we have explicitly agreed otherwise; on no account will you be charged a fee due to this reimbursement.

We may refuse reimbursement until we have received the items back or until you have provided evidence that the items have been returned, depending on which of these happens earlier. We reserve the right to check the items when we receive them to ensure they are in good condition and are working correctly. If we establish that an item has suffered a depreciation that can be attributed to your failure to handle the item with sufficient care, we can charge you for the possible loss in value or factor this into the reimbursement.

We will cover the cost of the return if you use the returns label provided by us or if the item is collected by us or by a carrier we have appointed. Otherwise, the cost of returning the item must be covered by you.

8. User account and subscriptions

For full use of Freeletics STÆDIUM, you will first need to register and open a user account. A user account can either be opened online at www.staedium.com or via one of our mobile apps. In order to use all the Freeletics STÆDIUM functionality, you will need an appropriate Freeletics STÆDIUM subscription. Our paid and free user accounts are subject to our General Terms and Conditions of Business for Using Freeletics and our Privacy Policy.

Freeletics STÆDIUM subscriptions can only be used in conjunction with other Freeletics STÆDIUM products. Insofar as we optionally offer a right of return as part of the purchase of other Freeletics STÆDIUM products and you make lawful use of this right, the subscriptions linked to these Freeletics STÆDIUM services shall end at the same time as the Freeletics STÆDIUM product is returned.

9. Special deals and promotions

Freeletics frequently offers various deals, sales and promotions such as reward programs. Users are given information about these promotions via our newsletter. The promotions are not a permanent feature in the Freeletics product range and are normally offered for a limited period. There are separate conditions for these promotions, which are provided for information and participation purposes.

There may be the option to enter a voucher or discount code during the purchase process. You will be notified about the relevant conditions for redeeming such a voucher either during the ordering process or in some other way. Unless otherwise agreed, only one voucher can be redeemed for each order and vouchers cannot be combined with other promotional offers. Vouchers and discount codes cannot be redeemed for cash or an equivalent monetary value. Vouchers are not paid out or credited. The monetary value of a voucher will not be reimbursed or credited if one or all the goods are returned.

10. Liability for defects

10.1 Essential characteristics

The essential characteristics of the product and/or service we provide can be found in the relevant offer.

10.2 Statutory provisions

For claims due to defective performance, the statutory provisions are applicable. Please check the goods immediately following delivery to ensure they are complete and free from any obvious faults or transportation damage and notify us and the transport company about any complaints as quickly as possible. Failure to do this will have no effect on your statutory warranty claims, i.e. your rights as a consumer remain unaffected in any case. However, you will be helping us assert our own claims against the transport company or transport insurance.

10.3 No guarantee

We offer no assurance or guarantee that your desired training outcome or other result will be achieved by using the relevant Freeletics service. We accept no liability for specific success. Training outcomes are also influenced by uncontrollable factors, such as physical characteristics and preconditions, so there can be widely varying results for different people despite making the same use of the Freeletics services.

We also do not guarantee that the available content is suitable for all users or that specific functionality will be available or supported for a designated period, or that our Freeletics services will be available with no interruptions or faults.

Insofar as a paid user contract has been agreed, Freeletics will provide the agreed services. However, we reserve the right to modify, extend, terminate or remove our Freeletics services, content and functionality, either in whole or in part, and/or to discontinue the operation of our Freeletics services either in whole or in part.

11. Liability and warranty

11.1 General

Insofar as you are provided with instructions for the Freeletics services (e.g. for certain exercises or training sessions), it is essential you follow these instructions to avoid injury and health risks.

Insofar as you use equipment or training tools for the exercises or training sessions, it is your responsibility to ensure that such equipment and/or tools are in good working condition and installed or set up correctly.

You must observe our health information in Clause 14.

11.2 Liability for paid services

In the case of paid services, regardless of the legal reason, we have unlimited liability as a matter of principle for damage due to willful conduct or gross negligence or the absence of a guaranteed feature.

If we breach a material contractual obligation due to minor negligence, our liability is limited to reasonable, foreseeable damages. A material contractual obligation is any obligation that is necessary to fulfill the purpose of the contract, on which you, as the consumer, can rely or should have been able to rely.

Our liability in the event of culpable injury to life, limb or health remains unaffected by the aforementioned restrictions.

All further liability is excluded.

11.3 Liability of our employees

To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.

11.4 Product liability

Claims under the German Product Liability Act [Produkthaftungsgesetz] remain unaffected by the previous liability exclusions or limitations.

11.5 Warranty

The warranty period is two years from delivery.

12. Rights of use for Freeletics STÆDIUM content

The services we provide (depending on the options you have enabled or acquired) include content that is protected by copyright or in some other way, and we own the relevant rights. We grant you a simple, revocable, non-transferable right to the non-commercial use of this content in accordance with these contractual provisions. Purely for the avoidance of doubt, please note it is not permitted to distribute our content or make it publicly available, e.g. on websites other than Freeletics websites. The same applies for copying, sale or distribution, the creation of derivative works, and any activity that could disrupt or harm our Freeletics services. The right of use will lapse when your access to the respective service is no longer enabled (e.g. after you have canceled your subscription) or when your user contract ends. In particular, you are not entitled to create or retain copies of the software. Freeletics is not obliged to disclose the source code for the software.

13. Data protection

We process your personal data in accordance with our privacy policy, the latest version of which can be referenced at our website. In particular these data protection provisions govern and explain the extent to which your personal data can be seen by other users and what options you have for controlling its disclosure to other users.

For credit checking, we may consult information (e.g. a so-called credit score) from external service providers in our decision-making process, and we may make a payment method contingent on this information. During ordering, you also consent to the transmission of your personal details to the relevant service providers for the purposes of identity and credit checks plus contract processing.

14. Your health

14.1 Health requirements

Use of Freeletics STÆDIUM services is at your own risk.

Good general health is always a prerequisite for using the Freeletics STÆDIUM services. If you are aware of any pre-existing health conditions, we strongly recommend getting medical advice before starting to use the Freeletics STÆDIUM services (i.e. for training or coaching, for example). This applies in particular if you are aware of one or more of the following illnesses/conditions/procedures:

• cardiovascular disease,
• lung disease or respiratory illnesses (including asthma),
• spinal and/or joint problems,
• neuromuscular conditions,
• surgical procedures,
• other health restrictions.

For our female athletes, the training and coaching we offer should not be used by pregnant women or breastfeeding mothers.

As a general principle, always listen to your body. Prior to using Freeletics STÆDIUM for the first time, or during use, if you have any doubt as to whether you are healthy (e.g. because you are experiencing significant pain, or you feel unwell, short of breath, nauseous or dizzy), you should consult your doctor before starting or continuing with Freeletics STÆDIUM.

14.2 No substitute for medical advice

The services and information provided as part of the Freeletics STÆDIUM offering should not be considered to be medical advice. Nor do they constitute a substitute for a medical examination or consultation.

14.3 Training methods

Fitness advice is subject to constantly evolving health information and sports science findings. Although our training tips are designed around current studies and knowledge, we cannot guarantee that they correspond to the very latest research results or findings.

15. Online dispute resolution

The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the option to first resolve disputes relating to their online order out of court. You will find the dispute resolution platform here: ec.europa.eu/consumers/odr.

Consumer information: non-participation in a dispute resolution procedure.

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. Our email address can be found in the legal details.

16. Changes to the General Terms and Conditions

We reserve the right to modify and adapt these General Terms and Conditions with future effect if this is necessary due to altered legal, official or technical circumstances and the changes are reasonable, taking into account your interest in good faith. We will notify you by email of the changes at least two (2) weeks before the new version of the General Terms and Conditions comes into effect. If you do not object to the validity of the new General Terms and Conditions within this period, and you continue to use Freeletics, the new General Terms and Conditions shall be deemed to have been accepted. In the event of any objection, our ordinary right of termination is explicitly reserved. We will notify you again separately about your right to object, the deadline to do so, and the legal consequences of remaining silent or raising an objection.

If you use your own Terms and Conditions, which deviate from these General Freeletics STÆDIUM Sales Conditions, the General Freeletics STÆDIUM Sales Conditions shall apply exclusively. We do not recognize contradictory or divergent conditions unless we have explicitly agreed to this in writing on a case-by-case basis.

17. Final provisions

17.1 Applicable law

The relationship between the parties is governed exclusively by German law and excludes the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable, where such law contains mandatory legislative provisions covering consumers.

17.2 Place of jurisdiction

If you do not have a place of general jurisdiction in Germany or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.

17.3 Language of the contract

The language of the contract is English.

17.4 Severability clause

Should any individual provisions of these General Terms and Conditions be invalid, in whole or in part, this will not affect the validity of the remaining provisions.

18. Information about the supplier

Freeletics GmbH
Berg-am-Laim-Straße 111
81673 Munich
Germany

support@staedium.com

Managing Director: Assif Daniel Sobhani

Registered in the Commercial Register held at Munich District Court under number: HRB 205346

VAT number: DE289794913

19. Storage option and viewing the text of the contract

These General Terms and Conditions are not stored by us. However, the relevant General Freeletics STÆDIUM Sales Conditions, can be seen at our Freeletics STÆDIUM websites. If you wish to store these General Terms and Conditions permanently on a data carrier, you can download them free of charge as a PDF file here. You can also print or save this page by using the standard functionality offered by your browser.

Please consult the instructions for your browser software if you need help with saving. To open a PDF file, you may need a special program such as the free Acrobat Reader or a similar program that can handle PDF files.

The remaining contract information and details can be seen in your user account, provided you have created one. Alternatively, you can also print or save the automatic order confirmation you receive when you complete an order.

Version 22.06.2022

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General Terms and Conditions of Business For Using FREELETICS

General Note: The following General Terms and Conditions of Business for Using Freeletics are intended for use with our international customers for which we do not provide localized terms and conditions.

1. Introduction

We, the Freeletics GmbH pursue a vision: We want to support any person, worldwide, to release their full potential, physically as well as mentally, and to become the strongest version of themself. We provide the most important preconditions with our various products and services for this purpose. Freeletics demands and promotes physical fitness and mental willpower and self-confidence. Our focus is on effectiveness and as well as motivation and we accompany our users, the so-called Free Athletes, intensively on their journey from the beginning. Freeletics distinguishes itself by its strong and motivating user community which supports and encourages each other online and offline. We are looking forward to welcoming you as part of the Freeletics community.

The following Terms and Conditions of Business for using Freeletics define the legal framework for using the services, products, content, and functionality offered by Freeletics GmbH. This specifically includes the provision of digital content that is not stored on physical data carriers, such as Freeletics Coach and STÆDIUM membership. For simplicity, within the Terms and Conditions, STÆDIUM membership is referred to as the “subscription”. Accordingly, any provisions that apply to subscriptions shall also explicitly apply to STÆDIUM membership unless specifically stated otherwise. These T&Cs are supplemented by our “General Freeletics STÆDIUM Sales Conditions” (especially for the purchase of Freeletics STÆDIUM goods), and the stipulations on our websites and software applications regarding returns, terms of delivery, prices, and other customer information (collectively referred to as the “General Freeletics Terms and Conditions”). The term “Freeletics websites” is used below to refer to all Freeletics websites, especially but not exclusively www.freeletics.com, and www.staedium.com. For Freeletics services offered under the “STÆDIUM” name, we will in some places link to the relevant STÆDIUM information on the STÆDIUM website. You can also contact our customer service team via separate email addresses that have been set up for Freeletics or for STÆDIUM products. Detailed information about this will be provided in the Terms and Conditions of Business below.

Therefore, please read these General Terms and Conditions of Business carefully.

2. Scope

2.1 Parties to the contract and subject matter of the contract

These General Terms and Conditions of Business for using Freeletics form the basis of the user contract established between you and us, Freeletics GmbH, Berg-am-Laim-Straße 111, 81673 Munich (hereinafter referred to as “us” or “we” or “Freeletics”). The subject matter of this contract is the paid or unpaid use of services, products, content and functionality (hereinafter referred to individually as the “Freeletics Service” and collectively as the “Freeletics Services” or generally as “Freeletics”), where these are provided by us under the Freeletics and/or STÆDIUM name via our Freeletics websites or via our software applications or via user interfaces linked with our products or applications for mobile devices or other equipment or via the social media pages controlled by Freeletics. If you are using a mobile app to use Freeletics services, please check www.freeletics.com or www.staedium.com to see if we offer a mobile app for your device or for the operating system used on your device.

2.2 Terms and conditions for participating

A condition for opening a user account and using the Freeletics Services is that you are at least 18 years of age and have full legal capacity.

Freeletics is intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Use of Freeletics for commercial purposes of any kind is expressly prohibited.

2.3 Additional terms and conditions

We reserve the right to agree to additional terms and conditions for individual Freeletics Services. We will, however, notify you of this in good time prior to use.

3. Freeletics' Services and Prices

3.1 Services free of charge or for a fee

The scope of the services included in Freeletics and the Freeletics Services and available for use by you depends on the type of Freeletics Service and whether you use the Freeletics Services free of charge or for a fee. If you use it free of charge, you only have access to certain basic functions and information of the respective Freeletics Service. A more extensive range of functions is available to you if you enable the respective content modules (such as a training routine) separately in return for a one-off payment or as part of a subscription for the respective Freeletics Service.

Please note that in order to use some of the Freeletics Services to the full extent, certain equipment and training tools (such as a gym machine, dumbbells or a pull up bar) may be required. These are not part of the Freeletics Services and need to be provided or purchased by you separately at your own cost.

In case of nutrition coaching, please note that the foods suggested as part of the coaching are not part of the Freeletics Services and need to be purchased by you separately at your own cost.

3.2 Price

Please consult the relevant Freeletics website www.freeletics.com or www.staedium.com (for Freeletics STÆDIUM products) to find the current price and subscription model and the services that will then be available. All prices listed include the relevant value added tax.

4. Your Health

5. User Account

5.1 Registration process

In order to use the Freeletics Services, you must first register and open a user account to use Freeletics. You generally only need to open a single user account, even if you wish to use various Freeletics services, e.g. via different apps. You can open a user account either directly online at www.freeletics.com or www.staedium.com or via one of our mobile apps. You may not use domain names or web URLs in your user name without the prior written approval of Freeletics. During registration, we will ask you to accept these General Terms and Conditions of Business and the relevant privacy policy. After you register, for security reasons we will first send you an email in which we ask you to verify the registration by clicking on the "Confirm account" field. After you have clicked on this field you will be redirected to a website where we will finally confirm your registration. Only then will the registration process be complete.

You also have the option of signing in with your Facebook, Google, or Apple accounts. In this case, the sign-in process is completed when you have entered the account information for your corresponding account and clicked "Confirm".

6. Conclusion of a Contract

How the respective contract is formed depends on the method by which you register for Freeletics for the first time and whether you sign up for additional fee-based services.

6.1 Online registration on the website

When registering via our websites www.freeletics.com or www.staedium.com, the user contract between us comes into effect once the registration process has been completed.

6.2 Registration via mobile apps

When registering via mobile apps, the formation of the user contract depends on the rules of the app store supplier (for example Apple, Google, Sony etc.). The contract is generally formed when you click on the "Install" field in the relevant app store and, where necessary, enter your password in question. Please note that in order to use the Freeletics Services, it is still necessary to open a cost-free user account with us.

6.3 Conclusion of a contract for one off additional services for a fee or for subscriptions

You can acquire specific additional services, either by paying a one-off fee or within a subscription. If you acquire the additional services via our Freeletics websites, the contract becomes effective once you click the “Buy now” or equivalent button and successfully enter your payment information.

If you purchase the additional service via your mobile app, the contract is formed when you click on the field "Buy now", or a similar field, as part of an in-app purchase and, where necessary, enter your password for the app store in question.

6.4 Correction of input errors

If you would like to purchase a one-off additional service or a subscription on our Freeletics websites, you can cancel this process at any time and correct any input errors up to the point when you successfully enter your payment details.

If you would like to purchase a one-off additional service or a subscription via our mobile app as part of an in-app purchase, we will not ask you for any further billing or payment details because you will purchase the service via your account with your app-store supplier. Please contact the relevant app-store supplier if you would like to correct any input errors.

6.5 Contract modifications

When you change your subscription (e.g. in the form of an upgrade), Freeletics or the respective store provider (e.g. Apple) ends your existing subscription (hereafter "original subscription") and your newly selected subscription (hereafter "updated subscription") begins immediately and is active for the time period you selected. You will then have access to all features and content provided with your updated subscription. The contract for the updated subscription is concluded as described in §6.

1. When you terminate your original Freeletics subscription, you will be given as credit the purchase price already paid for the remaining term of this subscription proportionate to the purchase price of the updated subscription. This means that you will only be charged once for the difference between the two amounts for the updated subscription.
2. If you have terminated your original subscription through Apple, Apple will provide you with a pro rata refund of the purchase price you already paid for the remainder of this subscription. You will receive your updated subscription at the price shown to you respectively, which is calculated in full by Apple.
3. If you subscribed through the Google Play Store: When you choose to upgrade your Coach subscription, your original subscription ends immediately. The Google Play Store will apply any unused value from your original subscription to your updated subscription. Once that credit is used up, the Google Play Store will automatically renew your subscription at the price and payment interval you selected.

After this, your subscription will renew automatically according to the duration of the selected minimum term, until there is a cancelation on either your part or our part. With the automatic extension of the updated subscription, you will then be charged full price for the subscription.

7. Duration and scope

7.1 User contract

The user contract concluded between you and us once you register your account is valid for an indefinite period. To use certain Freeletics services, it may be necessary to purchase certain other Freeletics products and services. However, we will inform you of any relevant General Terms and Conditions in due course before the user contract is established.

As soon as you have opened a user account pursuant to Section 5, you are a user for the purposes of these General Terms and Conditions of Business and can obtain one or more Freeletics subscriptions. Some paid Freeletics services also include the option of providing other users in your household with access to the same Freeletics content. Further information about this can be found on our Freeletics websites. As a Freeletics user, you are responsible for all activities by any users associated with your user account.

7.2 One-off additional services

One-off additional services may be offered for a fixed term. They will then end automatically at the end of the term without needing to be canceled.

7.3 Scope and duration of the subscription

Our subscriptions are offered with varying minimum terms of validity and are automatically renewed for the same minimum term that has been selected until you or we cancel them. You can have several subscriptions with different durations and conditions. Please note, you must also cancel each subscription separately.We would also like to point out that the 14-day right of withdrawal is only applicable for new contracts and does not apply to automatic contract extensions.

In order to avoid any misunderstanding, please note that the term of a subscription is determined by calendar and is independent from your use or extent of your use of the respective Freeletics Service.

7.4 Special features for consumers who are habitually resident in Germany

If you, as a user habitually resident in Germany, obtain a subscription from 1 March 2022, your subscription will automatically be extended indefinitely at the end of the chosen contractual term. However, you can cancel the extended subscription at any time with a notice period of no more than one month from the end of the relevant billing period.

8. Terms and Conditions of Payment

8.1 Collection of fees

Fees are collected when the contract is concluded for purchases of additional services through the payment of a one-off sum. The fee is collected for the relevant minimum term when the contract is concluded for the purchase of a subscription. If the subscription is renewed automatically, the fee is collected in advance at the start of the relevant renewal period. Different terms and conditions apply if the fee is collected via iTunes; in this case the fee is already collected 24 hours before the start of the respective billing period.

Insofar as a free trial has been agreed, the fees for the paid subscription will be charged as soon as the trial period has ended.

8.2 Payment default

We reserve the right to assert further claims for late payments.

8.3 Set-off and retention rights

The right of set-off only applies if your counterclaim is undisputed or has been established in law. You are only entitled to assert a right of retention if your counterclaim is based on the same contractual relationship.

9. Payment Methods

If you purchase Freeletics services for a fee via in-app purchases, the respective app-store supplier will bill you. Please consult this supplier to find out what payment methods are available. If you pay for Freeletics services via our Freeletics websites, you can see an overview of the accepted payment methods at the relevant website help.freeletics.com/hc/en-us/articles/115004638785-Manage-your-Coach-subscription or www.staedium.com/pages/shipping-payment (for Freeletics STÆDIUM products). We reserve the right to require a credit check for certain payment methods.

If we incur costs and/or expenses because a payment is declined and this is your fault (e.g. because there are insufficient funds in the account or the credit card limit has already been exceeded), then we are entitled to bill you for the actual costs and/or expenses incurred.

If you incur fees when using a payment method, we will inform you of this during the purchase process. Payment providers may, at their discretion, offer you the option to pay in installments for a fee. This fee will be charged directly by the respective payment provider and is therefore payable directly to them. The terms and conditions of the respective payment provider apply. Please note that if you cancel your order, we will not be able to refund these fees.

Where there is a legitimate reason, we reserve the right for each purchase to refrain from offering certain payment methods and to specify alternative payment methods.

If your selected means of payment is frozen (e.g. due to theft) or if there are other security breaches (e.g. unauthorized disclosure of username and password), please notify us or your payment processor immediately.

10. Right of Withdrawal

10.2 Lapse of the right of withdrawal

In the case of a contract for the provision of services, the right of withdrawal lapses if we have provided the service in full and only began to perform the service after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal if we had completely fulfilled the contract.

In the case of a contract for the delivery of digital content that is not stored on a physical data carrier, the right of withdrawal also lapses if we have begun to perform the contract after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal once we had begun to perform the contract.

10.3 Template for your withdrawal from Freeletics services

To make it as easy as possible for you to withdraw and to avoid any potential queries, we have provided an electronic withdrawal form for you to use at help.freeletics.com/hc/en-us/requests/new?ticket_form_id=20452. However, you can of course also use the withdrawal form below instead. Please make sure to inform us on the specific Freeletics Service that you want to withdraw from.

If you would like to withdraw the contract then please print this form out, complete it and return it to:

Freeletics GmbH
Berg-am-Laim-Straße 111
81673 Munich

support@freeletics.com

+49 89 4520 5180

I/we (*) hereby withdraw the contract I/we (*) agreed for the purchase of the following goods (*)/the provision of the following service (*)

Ordered/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Email address of the consumer
Signature of the consumer(s)
Date

(*) delete as appropriate

10.4 Template for your withdrawal from Freeletics STÆDIUM services

You can use the withdrawal form below. Please make sure you indicate the specific Freeletics STÆDIUM Service you wish to withdraw from.

If you would like to withdraw the contract, please complete this form and return it to:

Freeletics GmbH
Berg-am-Laim-Straße 111
81673 Munich

support@staedium.com

+49 89 4520 5180

I/we (*) hereby withdraw the contract I/we (*) agreed for the purchase of the following goods (*)/the provision of the following service (*)

Ordered/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Email address of the consumer
Signature of the consumer(s)
Date

(*) delete as appropriate

11. Special deals and promotions

Freeletics is always offering different deals, sales, and promotions, such as reward programs. Freeletics users can stay informed of these deals via our newsletter. The sales are not a fixed component of the Freeletics product range and are normally only offered for a limited time. There are separate conditions for these deals, which are provided for purposes of information and participation. Insofar as we offer a discount on the price of a one-off additional service or subscription as part of this kind of deal, sale or promotion, this discount generally only applies for the minimum contract period. When the subscription is automatically extended, you will be charged the full subscription price. We will provide full information about this before the contract is agreed.

12. Liability for Defects

12.1 Statutory Provisions

Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.

12.2 Disclaimer of guarantees

We do not make any representations or guarantees that the use of the Freeletics Services will bring the training- or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the Freeletics Services.

We also do not guarantee that the available content is suitable for all users, or that particular functionality will be available or supported for a specific period, or that our Freeletics services will be available with no interruptions or faults.

Insofar as a paid user contract has been agreed, Freeletics will provide the agreed services. However, we reserve the right to modify, extend, terminate, or remove our Freeletics services, content and functionality, either in whole or in part, and/or to discontinue the operation of our Freeletics services either in whole or in part.

13. Liability

13.1 General

Insofar as you are provided with guides or instructions in connection with the Freeletics Services, it is imperative that you follow them. Otherwise you risk being injured and your general health.

Insofar as you use equipment or training tools, it is your responsibility to ensure that such equipment and tools are in good working condition and installed and/or set up properly.

You need to observe and respect our health safety notices in clause 4.

13.2 Liability for services provided free of charge

For services provided free of charge, we will be liable, regardless of the legal basis, exclusively for damage due to willful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for willful misconduct. In the event of gross negligence or the absence of a guaranteed feature, our liability is limited to reasonable, foreseeable damage. Otherwise, our liability is excluded.

13.3 Liability for services provided for a fee

In the case of services provided for a fee we have, regardless of the legal basis, unlimited liability in principle for damage due to willful conduct or gross negligence or the absence of a guaranteed feature.

If we breach a material contractual obligation as a result of slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfill the purpose of the contract, and on the fulfillment of which you as the consumer can rely or ought to be able to rely.

Our liability in the event of any injury to life, limb or health that is our fault remains unaffected by the above-mentioned limitations.

Otherwise, our liability is excluded.

13.4 Liability of our employees

To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.

13.5 Product liability

Claims under the German Product Liability Act remain unaffected by the above-mentioned liability exclusions or limitations.

14. Rights of Use over Freeletics Content

Depending on which services have been enabled for you, or which services you have purchased, the services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a simple, revocable, non-transferable right to the non-commercial use of this content in accordance with these contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that, in particular, distributing our content or making it publicly available, e.g. on websites other than Freeletics websites, is not permitted. The same applies for copying, sale or distribution, the creation of derivative works, and any activity that could disrupt or harm our Freeletics services. The right of use will lapse when your access to the respective service is no longer enabled (e.g. after you have canceled your subscription) or when your user contract ends.

15. Responsibility for User-Generated Content

15.1 Disclaimer of responsibility for third party content

You are solely responsible for content that you post within the Freeletics Services. We accept no responsibility for this content, nor do we monitor it. You are prohibited from advertising commercial websites or other products through your user account.

15.2 Compliance with statutory provisions

When supplying your own content, you are obliged to comply with all the applicable laws and other legislation of the Federal Republic of Germany. Regardless of whether this constitutes a criminal act, it is generally prohibited to provide content that is pornographic, sexual, violent, racist, instigating, discriminatory, explicit, insulting and/or libelous in nature.

In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties, as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights). In particular you must also hold the necessary rights over your profile picture or any other picture you post.

We are hereby authorized to delete or remove content that is illegal or that conflicts with the previously stated guideline, at any time and without prior warning. If you infringe on the above-mentioned principles, we are entitled to give you a warning or to temporarily block your user account, or to cancel the user contract for good cause in accordance with clause 16.3.

15.3 Indemnification

If you infringe on the principles mentioned in clause 15.2 and that this is your fault (i.e. because you acted either negligently or with intent), you are obliged to indemnify us against any third-party claims arising from such infringement. This indemnity also includes the costs of a suitable defense. You are obligated to provide assistance in clarifying the disputed situation. We reserve the right to assert claims for damages and other claims.

16. Ending the Contract

16.1 User contract

You have the right to cancel your user account at any time, without stating any reasons, thereby also ending your user contract. To do this, you simply have to select the necessary settings in your profile. Please note that after you have canceled your user account, we will or may delete all the content and training results that you added, and you will no longer have access to content that you already purchased. If, at the time of deleting your account, you still have a current subscription or have booked an additional service that has not yet expired, any sum that you have already paid will not be refunded, not even on a pro rata basis.

We are entitled to cancel the user contract without stating any reasons by giving two (2) weeks' written notice, but no earlier than at the end of the minimum contractual term or at the end of the respective renewal period of your subscription and/or at the end of the term of any additional service for which you have paid a one-off fee.

16.2 Subscription

Every subscription for a Freeletics Service must be canceled individually. You can cancel the relevant subscription without giving reasons at any time with effect from the end of the minimum term or at the end of the applicable extension or billing period. Subscriptions bought on our websites can be canceled by changing the relevant setting in your user profile on the website. Alternatively, you can cancel your subscription by emailing support@freeletics.com or support@staedium.com (for Freeletics STÆDIUM products) or by post. Subscriptions purchased via in-app purchase must be canceled using the settings in the respective app store. If your subscription fee is collected via iTunes, contrary to the provisions above, a notice period of 24 hours before the end of the minimum contractual term or before the end of the respective renewal period applies for technical reasons. Your user account and any other subscriptions will continue to exist after you have canceled your subscription.

We are entitled to cancel your subscription with effect from the end of the minimum contractual term or with effect from the end of the respective renewal period by giving two (2) weeks' written notice.

16.3 Cancellation for good cause

The right to cancel for good cause remains unaffected in the case of either party. In particular, we are entitled to cancel your user contract or your subscription with immediate effect, and to cancel your user account, if you seriously or repeatedly breach the provisions of the user contract and/or these General Terms and Conditions of Business, or if you are in arrears with your payment obligations.

16.4 Freeletics STÆDIUM membership

Freeletics STÆDIUM memberships (“subscriptions”) can only be used in conjunction with other Freeletics STÆDIUM services. Insofar as we optionally offer a right of return as part of the purchase of other Freeletics STÆDIUM services and you make lawful use of this right, the subscriptions linked to these Freeletics STÆDIUM services shall end at the same time as the Freeletics STÆDIUM product is returned.

17. Personal Data

We process your personal data in accordance with our privacy policy, the latest version of which can be referenced at www.freeletics.com/en/pages/privacy and www.staedium.com/pages/privacy (for Freeletics STÆDIUM products). In particular these data protection provisions govern and explain the extent to which your personal data can be seen by other users and what options you have for controlling its disclosure to other users.

17.1 Freeletics COACH

In your profile settings, you can configure who can see your information such as your user profile, training data, posts, training spots, etc. (Privacy Settings).

17.2 STÆDIUM

Within the STÆDIUM app you compete against other STÆDIUM users. You will be visible on the STÆDIUM leader board with your public profile (photo, first name, last name) as well as your STÆDIUM points.

18. Online dispute resolution

The EU Commission provides a platform for extrajudicial dispute arbitration. This gives consumers the opportunity to settle disputes associated with their online order out of court. The dispute resolution platform can be found here: ec.europa.eu/consumers/odr.

Consumer information: Non-participation in dispute resolution proceedings.

We are neither prepared nor required to participate in dispute settlement proceedings before a consumer arbitration board. Our email address can be found on our company info page.

19. Changes to the General Terms and Conditions of Business

We hereby reserve the right to modify and adjust the general terms of business with future effect if this is required by the legal, regulatory, or technical environment, and if these changes are reasonable and take your interests into consideration. We will advise you of the changes by email no later than two (2) weeks before the new version of the General Terms and Conditions of Business is scheduled to enter into force. If you do not object to the validity of the new General Terms and Conditions of Business within such period and continue to use Freeletics, then the new General Terms and Conditions of Business will be deemed to have been accepted. In the event that you do object, we expressly reserve our right of ordinary cancellation. We will also advise you again separately of your right to object, the deadline to do so and the legal consequences of your objection or failure to object.

If you use your own Terms and Conditions, which deviate from these General Terms and Conditions of Business for using Freeletics, the General Terms and Conditions of Business for using Freeletics shall apply exclusively. We do not recognize contradictory or divergent conditions unless we have explicitly agreed to this in writing on a case-by-case basis.

20. Final Provisions

20.1 Applicable law

The relationship between the parties is governed exclusively by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.

20.2 Place of jurisdiction

If you do not have a place of general jurisdiction in Germany or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions of Business have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.

20.3 Language of the contract

The language of the contract is English.

20.4 Severability clause

Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.

21. Information about the Supplier

Freeletics GmbH
Berg-am-Laim-Straße 111
81673 Munich
Germany

support@freeletics.com
support@staedium.com (for Freeletics STÆDIUM products)

Managing Director: Assif Daniel Sobhani

Registered in the Commercial Register held at Munich District Court under number: HRB 205346

VAT number: DE289794913

22. Option to save and review the contract language

These General Terms and Conditions of Business may be reviewed by you at www.freeletics.com/en/pages/terms/?country=en and www.staedium.com/pages/terms-conditions. If you would like to save a permanent copy of these General Terms and Conditions of Business For Using Freeletics on a data carrier, you can download them free of charge as a "pdf" file here or at www.freeletics.com/en/pages/terms/?country=en. You can also print or save this page by using the standard functionality offered by your browser. Please consult your web browser's help documentation if you need help with saving the file. To open a "pdf" file you may need special software such as the free Acrobat Reader program or a similar software program that handles "pdf" files.

You can review any further contractual information and data in your user account. Alternatively, you may also print or store the order confirmation which you will receive after making a purchase.

Version 10.08.2022