General Terms and Conditions (GTC) of ELABAWO

Please be advised that the german version is the legally binding version

Our General Terms and Conditions (GTC) are deemed agreed upon when using the ELABAWO App. They particularly include your rights and obligations as a user of our platforms, as well as the key data protection provisions.

Preamble to the ELABAWO App

The mission of ELABAWO: We are dedicated to making fitness accessible everywhere—whether in your living room, local park, or even your office. We believe that fitness and health should not be limited by location or expensive gym memberships. Therefore, we have created an affordable solution to help you combat daily stress.

The following General Terms and Conditions for the use of ELABAWO define the legal framework for utilizing the services, products, content, and features provided by Elabawo UG (limited liability). This particularly includes the provision of digital content not stored on physical media, such as the ELABAWO App. These General Terms and Conditions provide comprehensive information about this. We kindly ask you to read them carefully.

1 Scope

1. These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concerning the provision of services, particularly through the ELABAWO App, between:

Elabawo UG (haftungsbeschränkt)
Hansaring 77
50670 Cologne, Germany
(Further information in the imprint:

https://www.elabawo.com/impressum/)

(hereinafter referred to as “Provider,” “we,” or “us”)

and you
(hereinafter referred to as “Partner,” “your,” or “you”).

1. These GTC apply regardless of whether you are a consumer or an entrepreneur.
2. You are considered a “consumer” if you are a natural person entering into a contract with us for purposes that are predominantly neither related to your commercial nor your independent, professional, public-sector, or non-profit activities.
3. You are considered an “entrepreneur” if you are a natural person or acting on behalf of a legal entity or a legally capable partnership, engaging in the contract with us in the exercise of your commercial, professional, independent, public-sector, or non-profit activities.
4. These GTC apply to all our platforms. “Platforms” refer to all sales and operational channels and services utilized by us, including our websites, apps, and our profiles on third-party websites or apps.
5. The version of the GTC valid at the time of contract conclusion shall apply. Deviating GTC are not accepted, even if we have not explicitly objected to their inclusion. Exceptions may apply if explicitly stated in these GTC. In cases of discrepancies or differences in interpretation, the German versions of legal texts or documents prevail over their translations, which are provided solely for better understanding.
6. All agreements made between you and us in connection with a service, including but not limited to an order or engagement, accompanying documents, our confirmation, or acceptance, and as supplemented by these GTC, are binding. These GTC also apply to future orders or engagements placed during or after the contract term, unless other GTC are included at that time.
7. Unless changes and amendments to these GTC are made in writing, electronically or digitally created documents are equivalent to written ones.
8. These GTC also apply to other contracts concluded between you and us unless specific GTC apply to the other contract type and these GTC can be applied in substance.

2 Scope of Services

1. The scope of the ELABAWO services available to you depends on whether and which ELABAWO services you use free of charge or for a fee. With free use, you have access to certain basic functions and information of the respective ELABAWO service. Extended functionality is available if you unlock certain content (e.g., Coach) for the respective ELABAWO service through a one-time payment or subscription.
2. To use our services, you will gain access to software, online databases, functions, operating systems, documentation, and all other components of our software (“Services”). You can use the services via our platforms, particularly through our mobile apps for iOS, Android, and other mobile devices, as well as websites.
3. The extent of our services in individual cases is determined by:
   • Your order or engagement, regardless of the platform used to place it, particularly in the case of an online order (e.g., the service description during the ordering or engagement process, on the website or app) or in text form (e.g., order or engagement documents, including attachments, whether in paper or electronic form via email).

Subsequent changes to the order or engagement require a separate agreement and additional compensation.

Please note that the full use of some ELABAWO services may require aids or training equipment (e.g., resistance bands, weight benches, pull-up bars, etc.). These are not part of the ELABAWO services and must be purchased or provided separately at your expense.

3 Remuneration and Execution

1. We receive compensation for our services based on your order or engagement, as detailed in the section on the scope of services.
2. We commit to providing the agreed services diligently and carefully. No activity requiring official licensing is performed, particularly no medical or therapeutic services.
3. We are entitled to involve third parties, particularly subcontractors, to provide the services.
4. If a service is provided in accordance with the contract using “artificial intelligence” or AI tools such as OpenAI GPT-3 or GPT-4, we accept no liability for the accuracy or completeness of the results achieved or for potential legal infringements due to the use of such tools—particularly concerning the rights of third parties such as data protection, copyright, or trademark rights. The provision of such services is exclusively performed by the AI tool and is neither reviewed by us during the process nor in the results. Legal and content review is your responsibility.
5. If a service is provided free of charge in accordance with the contract, no liability is assumed for the accuracy or completeness of the results achieved, except for damages to life, body, or health and as per the Product Liability Act. Content review is your responsibility.

4 Conclusion of the Contract

1. When we present our services on our platforms or third-party platforms (particularly Android and Apple App Stores), this does not constitute a binding offer to conclude a contract. The presentation is merely a non-binding display. Our offers and cost estimates are subject to change.
2. You can place a legally binding order or engagement in any manner offered by our platforms or suggested by us on a case-by-case basis. In particular, you can proceed as follows:
   1. By clicking an order or engagement button on our platforms, particularly on our websites and apps, as well as our profiles on third-party websites and apps.
   2. By sending us completed order or contract documents through any common communication channel such as email, postal mail, or our social media profiles, or by responding with acceptance to a contract proposal sent to you via such a communication channel.
   3. By handing over completed order or contract documents—for example, in our or your premises, sales areas, trade fairs, information or promotional events, or on any other occasion.

Once two weeks have elapsed from the time you place your order or engagement, you are bound by it.

1. By placing an order or engagement, you also agree to these GTC and the data processing as per our privacy policy. If you download the app from third-party platforms (e.g., Apple App Store, Google Play, or Amazon Appstore), the terms and conditions, GTC, and privacy policies of the respective third party apply insofar as there are overlaps, particularly concerning payment terms, withdrawal rights, user account provisions, and service availability.
2. We can confirm the receipt of your order or engagement:
   • By email to the email address you provided or used, or through a message within our platforms, particularly on our websites and apps as well as our profiles on third-party websites and apps.
   • By confirmation letter by mail or by hand delivery.

Confirmation does not constitute binding acceptance of the order or engagement unless the acceptance is expressly stated along with the confirmation. We generally confirm orders or engagements ourselves. However, a third party may provide confirmation on our behalf if you have placed the order or engagement through a third-party platform, such as a third-party website or app.

1. A contract between you and us is concluded only when we:
   1. Explicitly accept the order or engagement.
   2. Begin providing the service.
   3. Issue an invoice.
   4. Deliver the service—either wholly or partially.
   5. Set up an account on our platforms—whether by registration, data transfer from a third party, or any other method.

Acceptance may occur simultaneously with confirmation.

1. If there are multiple contracting parties—particularly if the order or engagement was placed jointly by multiple individuals—or if the contracting party is a partnership, the contracting parties or the partners of the partnership are jointly and severally liable for our claims. We are entitled to rely on the instructions and information of a single contracting party or partner of a partnership during the execution of the contract, particularly without consulting the other contracting parties or partners, unless otherwise explicitly objected to in writing. An objection entitles us to terminate the contract based on and with the consequences of non-cooperation.

5 Registration, Account, Content

1. If the use of one of our services requires creating an account on our platforms, you will obtain it through registration.
2. Providing the data requested during registration is mandatory. You assure its completeness and accuracy. Registration can be completed by entering your data on our platforms.
3. The following conditions apply for registration:
   1. Consumers must be fully legally competent natural persons over the age of 18.
   2. Businesses as natural persons must meet the criteria of a consumer.
   3. Entrepreneurs as partnerships, corporations, or any other legal entities, associations, or groups must have legal capacity and an authorized representative. Providing a P.O. box is insufficient.
4. There is no entitlement to registration. We reserve the right to reject a registration. By completing registration, a contractual relationship between you and us is established.
5. Upon registration, you will receive an account containing all necessary data for use. Usage is limited to you personally; in particular, you may not allow third parties to use the account or transfer the account to third parties (account sharing). The password can be changed at any time. Multiple accounts for one person are not allowed. The account remains valid until the termination becomes effective. If you download the app from third-party platforms (e.g., Apple App Store, Google Play, or Amazon Appstore), the terms and conditions (GTC) and privacy policies of the respective third-party provider apply to the extent of any overlaps—particularly regarding payment terms, withdrawal rights, user account provisions, and service availability.
6. You are responsible for the content and quality of all information provided. You guarantee its accuracy and completeness. We are not aware of the content and generally do not review it. You commit to not providing, uploading, or submitting illegal, unlawful, or rights-infringing content and data to us or third-party providers, nor to use the platforms in any unlawful manner, such as committing crimes or offering illegal services. You agree not to misuse the service and, in particular, not to disseminate illegal, immoral, defamatory, offensive, obscene, pornographic, or politically radical content.
7. You must not compromise the secure operation of our platforms. You must refrain from any actions that could harass other users or go beyond the intended use of our platforms. Specifically, you are obligated to refrain from:
   1. Uploading or sending files containing a virus or other malware or taking actions that could impair the functionality or accessibility of the platforms or alter or delete content.
   2. Uploading or sending any form of advertising, especially email spam, SMS spam, chain letters, or other harassing content.
   3. Subjecting the platforms to excessive load or otherwise disrupting or endangering their functionality.
   4. Using crawlers, spiders, scrapers, or other automated mechanisms to access and collect content from the platforms without written consent.
   5. Collecting or using information like email addresses or phone numbers of other users without prior consent.
   6. Reproducing, making publicly accessible, distributing, editing, or using content from the platforms or third parties in any manner beyond its intended use without prior consent from us or the third parties.
8. We reserve the right to take any action regarding your account without providing a reason. In particular, we may request a statement from you, temporarily suspend the account, issue a warning, or permanently suspend or delete the account. Regarding content you publish on our platforms, we may, at our discretion, modify or delete it—primarily to ensure better comprehensibility, especially in cases of content, grammatical, or spelling errors, but also for any other reasons at our discretion. Additionally, we explicitly reserve the right to pursue civil and criminal claims. These measures do not affect payment obligations for already established service relationships, especially if the service has already been partially or fully rendered.
9. If services on our platforms can be used without an account, you already make an offer to conclude a contract for the duration of the platform usage under these GTC by using our platforms, which we accept by providing the service.
10. If the app was downloaded from third-party platforms, the terms and conditions (GTC) and privacy policies of the respective third-party provider may apply regarding registration and accounts, to the extent of any overlaps.

6 Prices, Payment, Default, Payment Terms, Offsetting, Right of Retention

1. Unless otherwise presented or agreed in individual cases, the prices we quote are gross prices, including VAT.
2. Unless otherwise agreed between you and us, our remuneration becomes due upon contract conclusion and before the respective service is provided. Payment must be made within 2 weeks of the invoice being issued (invoice date). Failure to make payment results in default. In the event of default, we are entitled to claim default interest and additional damages under legal provisions. The default interest rate is 5 percentage points above the base interest rate per year for consumers and 9 percentage points above the base interest rate per year for entrepreneurs, as per § 288 BGB.
3. We offer various payment methods and services. You can pay using any payment method we provide, including:
   1. Transferring funds to an account specified by us.
   2. Granting us a direct debit or SEPA mandate.
   3. Paying by EC/Maestro or credit card.
   4. Paying through a third-party platform (e.g., Apple App Store, Google Play, or Amazon Appstore).
   5. Paying via a payment service provider specified by us (e.g., PayPal).

We reserve the right to exclude or subsequently include specific payment methods.

1. You use a payment service provider by clicking the payment service provider’s button during the ordering process. This redirects you to the respective service provider’s page. Payment through a third-party platform, like the Apple App Store, Google Play, or Amazon Appstore, occurs by downloading our app from them. We provide access to the service provider or platform but are not a contracting party. Using a payment service provider or platform may require a separate contract with them. Their respective terms and conditions, GTC, and privacy policies apply.
2. For direct debit, SEPA mandates, or EC/Maestro or credit card payments, we will debit your account no earlier than the due date. A granted direct debit mandate applies to subsequent orders unless revoked.
3. Offsetting our claims is not permitted unless your counterclaims are legally established or undisputed, or you assert complaints or counterclaims from the same contract relationship.
4. You may only exercise a right of retention if your counterclaim arises from the same contract relationship and is legally established or undisputed.
5. If payment for one or more of our claims is not made on time, we may engage a collection agency (e.g., Creditreform) to collect the outstanding amount. You consent to the necessary data transfer to the collection agency upon contract conclusion, including name, address, contract date, invoice number, invoice amount, and due date.
6. Fees, charges, or other payment claims from third parties arising from service provision are not included in our prices and must be settled by you directly with the respective parties. If these costs are advanced by us, they must be reimbursed to us.
7. Hourly fees are billed in 15-minute increments (0.25 hours). Any unutilized hours from prepaid packages or time quotas for overall or specific services expire upon completion of the service and are neither transferable to other services nor refundable.
8. If the app was downloaded from third-party platforms, the terms and conditions (GTC) and privacy policies of the respective third-party provider apply to the extent of any overlaps.
9. We reserve the right to adjust prices for contract renewals (especially if a previous special offer included discounted standard prices) or change subscription prices.

7 Duration and Termination

1. The contract term begins—unless otherwise agreed electronically or in writing—upon the dispatch of the order or order confirmation by the provider to the partner.
2. For subscriptions concluded via the Apple App Store or Google Play Store, the subscription is automatically renewed for the same term unless canceled at least 24 hours before the end of the current term. Cancellation must be made directly via the respective platform (Apple App Store or Google Play Store). A cancellation notice to us directly is not sufficient.
3. The concluded contract generally runs for an indefinite period unless a fixed term has been agreed (e.g., subscription via the App Store or Play Store), in which case the fixed term and automatic renewal apply.
4. If a minimum contract term is agreed, the contract will extend to an indefinite period after the minimum term unless terminated by either party with a one-month notice period before the end of the respective term. After transitioning to an indefinite term, the contract can be terminated with one month’s notice effective at the end of any month.
5. If we terminate the contract for cause, you are obligated to reimburse us for costs and fees incurred up to the termination date. Services rendered by us up to that point will be billed proportionately where possible; otherwise, a full billing will be issued.
6. Termination should be carried out using the same method as the order (e.g., if the order was placed via the Google Play Store, the termination should also occur there).

8 Rights to Work Results

1. We acknowledge that all rights to the results of work, including data or documents used in the work (e.g., files, drafts) or other protectable assets, and all intellectual property rights embodied in or resulting from their use, only pass to you to the extent that the rights are limited to the contractually agreed private (i.e., non-commercial, non-professional, non-public sector, or non-charitable) and non-public (i.e., not through publication) use. You hereby accept this transfer.
2. If the rights transfer described above cannot be effectively implemented, we hereby grant you a usage right to the work results or intellectual property rights, subject to the restrictions outlined above. This also includes new forms of use that may arise in the future. To the extent legally permissible, we irrevocably waive all moral rights in any work results, including the right of attribution and the right to object to derogatory treatment.
3. You may not transfer the rights granted to third parties.
4. The aforementioned transfer or granting of usage rights only occurs after full payment of our fees.
5. We may use the work results within our business operations and freely reuse them after removing customer-specific details.
6. Documents or files transferred to you during contract execution—such as presentations, preliminary work, concepts, white papers, or copies—may only be shared with third parties, published, presented, or used outside private or internal corporate use with our written consent. No liability is assumed for their completeness or accuracy.

9 Right of Withdrawal

1. If you are an entrepreneur as defined in § 14 of the German Civil Code (BGB), there is no right of withdrawal. For consumers, the following applies:

Withdrawal Policy

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date the contract was concluded.
To exercise your right of withdrawal, you must notify us (Elabawo UG (limited liability), Hansaring 77, 50670 Cologne, info@elabawo.de) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse you for all payments received from you, including delivery costs (except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the date we receive your notice of withdrawal. For this reimbursement, we will use the same payment method you used for the initial transaction unless expressly agreed otherwise with you; in no case will you incur fees for this reimbursement.
If you requested the commencement of services during the withdrawal period, you must pay us an appropriate amount proportional to the services provided up to the point you notified us of exercising the right of withdrawal compared to the total scope of services under the contract.

Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it.)

To:
Elabawo UG (limited liability), Hansaring 77, 50670 Cologne, info@elabawo.de:

• I/We () hereby withdraw from the contract concluded by me/us () regarding the provision of the following service (*):
• Ordered on () / Received on ():
• Name of the consumer(s):
• Address of the consumer(s):
• Signature of the consumer(s) (only if this form is notified on paper):
• Date:

(*) Delete as applicable

END OF SAMPLE FORM

1. The right of withdrawal does not exist, expires, or may be excluded if a legally regulated case, corresponding court decision, or another legal reason applies. Legally regulated cases arise, particularly under §§ 312g or 356 BGB, for contracts regarding services in the areas of accommodation for purposes other than residential, transport of goods, car rentals, delivery of food and beverages, or other services in connection with leisure activities if the contract provides for a specific date or period for service delivery.
2. The right of withdrawal expires for contracts involving the supply of non-physical digital content if the entrepreneur has begun executing the contract after the consumer:
   1. Explicitly consented to the execution beginning before the withdrawal period expires, and
   2. Confirmed acknowledgment of losing the right of withdrawal upon execution beginning.
3. The right of withdrawal expires for contracts involving service delivery if the entrepreneur has fully performed the service and only began execution after the consumer provided explicit consent and acknowledged losing the right of withdrawal upon full execution.

10 Duty to Cooperate

1. You will assist us in providing our agreed services by taking appropriate cooperative actions. This includes promptly providing required information, data, circumstances, and conditions; supplying documents, materials, items, or access required for service performance; promptly issuing instructions and approvals; and designating a competent contact person who will not be replaced. You must be authorized for your actions, particularly for transfers or access provisions, ensuring no third-party rights or regulatory provisions are violated.
2. If you are not authorized under paragraph 1—for example, due to competition, data protection, trademark, or other legal violations—this also constitutes a lack of cooperation. You guarantee your authorization for such actions. We will not conduct an independent review. You shall indemnify us on demand against any claims made by third parties due to your lack of authorization and compensate for any damages arising from third-party claims, including legal defense costs.
3. Missing, incomplete, damaging, or unlawful cooperation—e.g., by providing incomplete, incorrect, or unusable information, data, materials, or documents—entitles us to terminate the contract, in the case of a contract with an entrepreneur, without affecting agreed remuneration.
4. If damage results from incorrect cooperation, you are liable for compensation. You will also indemnify us against any third-party claims arising in connection with your grossly negligent incorrect cooperative actions.

11 Communication

1. To ensure quick and straightforward communication, correspondence is primarily conducted via email and your account on our platforms. You agree to receive information via email, through your account on our platforms (if available), by postal mail, or through other means.
2. Dispatch and communication are at your risk. We are not responsible for interruptions in internet network operations, third-party server and software issues, or problems with postal or delivery services and shall not be held liable.

12 Technical Availability, Data, Functionality, and Content

1. The platforms are accessible 24/7, except in cases of force majeure or events beyond our control, and subject to outages and maintenance work necessary for operation. We strive with great care to ensure maximum availability. Availability also depends on your technical equipment. Interruptions may occur due to necessary maintenance and security work or unforeseen events beyond our control.
2. We are not liable for data loss or damages resulting from it, provided the damages could have been avoided through regular and complete data backups on your end.
3. We reserve the right to modify any functionality, appearance, structure, or content of our platforms without seeking your approval.
4. We are authorized to block or modify all content, including user-generated content.

13 Granting of Rights to Data

1. You agree not to distribute texts, images, videos, audio files, and/or other content (“Files”) through the platforms that violate applicable laws, moral standards, and/or these GTC. You specifically agree to respect third-party rights, such as copyrights, trademarks, patents, utility model rights, design rights, database rights, and any other intellectual property rights (“Protection Rights”).
2. You hereby grant us a comprehensive, exclusive, geographically and temporally unlimited, and unrestricted right of use for all usage types concerning the Files or Protection Rights you publish on our platforms, upload to your account, or otherwise provide to us. This includes the right to your image, name, company name, trademark, and any other materials. To the extent permitted by law, you irrevocably waive all moral rights associated with the Files, including the right of attribution and the right to object to derogatory treatment.
3. The granting of rights specifically includes the right to exploit the Files for our own or third-party purposes in any way, globally and indefinitely, including on and within products (whether ours or for third parties), across all usage types. It also encompasses the rights to duplicate and/or publish the Files. The rights include the right to edit the Files, allowing us or third parties to make further changes.
4. Any Files created by us for you remain subject to all copyrights and usage rights held by us.
5. If the app is downloaded from third-party platforms, the terms and conditions (GTC) and privacy policies of the respective third-party provider may apply, to the extent of any overlaps.

14 Our Rights to Our Platforms

1. You agree that the platforms and all associated applications constitute database works and databases within the meaning of §§ 4 para. 2, 87a para. 1 of the German Copyright Act (UrhG), of which we are the legal owners. All associated applications are protected under §§ 69a et seq. UrhG. They are protected by copyright law.
2. The rights to all other elements of our platforms, including the usage and related rights to the content and documents we have created or acquired through licensing, also belong exclusively to us. In particular, trademarks, other designations, company logos, protection notices, copyright notices, or other elements identifying our platforms or derived features may not be removed or altered. This also applies to printed materials.

15 Changes to Services

We reserve the right to modify, restrict, or terminate access to software, online databases, functions, operating systems, documentation, and all other components of our software required for utilizing our services—partially or entirely, temporarily or permanently—without prior notice, where legally permissible. Specifically, we reserve the right to change, deactivate, or reclassify features of our services (e.g., design, layout, categories, structure, or availability), transition free features to paid ones, discontinue certain features, or suspend compatibility (e.g., with specific device types or operating systems).

16 End-User License Agreement (EULA)

1. We grant you a personal, non-exclusive, revocable, non-transferable, worldwide right to use the platforms—including any software functions on the website or apps—along with their content, services, other features, and updates. This is granted solely for your personal needs within the scope of using the platforms and their services, excluding all other purposes.
2. Our digital products (including apps and software) are licensed to you and not sold.
3. The license does not grant you usage rights to the content. Specifically, you are prohibited from:
   1. Adapting, altering, translating, editing, decompiling, disassembling, reverse engineering, or replicating the platforms or any part of them.
   2. Exporting the platforms, their content, services, other features, or updates, or combining them wholly or partially with other software programs, or reproducing them permanently or temporarily by any means and in any form.
   3. Extracting or reusing content from databases generated from the platforms.
   4. Creating derivative works based on the licensed platforms.
   5. Using processes or software designed to copy the platforms, their content, services, other features, or updates without our consent.
   6. Setting up systems capable of hacking the platforms.
   7. Offering or providing our services to third parties without our consent.
4. Any violation of the prohibitions may result in criminal liability and claims for damages.
5. If the app is downloaded from third-party platforms, the terms and conditions (GTC) and privacy policies of the respective third-party provider may apply, to the extent of any overlaps.

18 Advertising by Third Parties

1. We reserve the right to display third-party advertisements on our platforms. We have no influence over the advertisements, particularly concerning their content, reliability, or accuracy. Advertisement display does not constitute approval by us; the advertiser alone is responsible. Any engagement with the advertisements—such as clicking, using services via an application programming interface (API), or visiting platforms linked in the advertisement—is subject to the advertiser’s terms and conditions, GTC, and privacy policies.
2. Advertisements may include links to third-party platforms or API-based third-party applications. In such cases, the advertiser is solely responsible, and their terms and conditions, GTC, and privacy policies apply.
3. Some advertising content or links on our platforms may be so-called affiliate links. If you click on these links and make a purchase, we may receive a commission or other compensation from the respective third party. These affiliate links are marked accordingly (e.g., as “Advertisement,” “Sponsored,” or “Affiliate Link”). We are not responsible for the offers, content, or transactions made via such links. The respective third party is solely responsible, and their terms and conditions and privacy policies apply.

19 Copyright and Other Rights

We retain copyright and other intellectual property rights to all images, videos, texts, and other content protected under copyright or similar laws that are published on our website, profiles on other websites, social media profiles, and all our platforms. Using these images, videos, texts, or other content is prohibited without our written consent.

20 Data Protection and Data Security

More information can be found here: https://www.elabawo.com/privacy-policy/

1. We collect your personal data and, where applicable, other data provided by you or obtained during contract fulfillment for the purpose of performing the contract and fulfilling contractual and pre-contractual obligations. Data collection and processing are necessary for contract fulfillment and are based on Article 6(1)(b) GDPR. We process data in compliance with GDPR obligations. As per Article 5(1) GDPR, personal data must primarily be:
   (a) Processed lawfully, fairly, and transparently for the individual concerned (“lawfulness, fairness, transparency”).
   (b) Collected for specified, explicit, and legitimate purposes and not further processed in a way incompatible with those purposes (“purpose limitation”).
   (c) Adequate, relevant, and limited to what is necessary for processing purposes (“data minimization”).
   (d) Accurate and, where necessary, kept up to date; steps must be taken to ensure that inaccurate personal data is erased or rectified promptly (“accuracy”).
   (e) Stored in a form that permits identification of the data subject for no longer than necessary for processing purposes (“storage limitation”).
   (f) Processed securely, including protection against unauthorized or unlawful processing and accidental loss, destruction, or damage through appropriate technical and organizational measures (“integrity and confidentiality”).
2. Data will generally not be disclosed to third parties unless required by law, necessary for contract execution, or for compliance with statutory deadlines. For example, data transfer may be required to perform a third-party query essential for contract execution, forward your data to a payment service provider, or engage subcontractors to fulfill our obligations to you. In such cases, these service providers typically establish a direct contractual relationship with you and act on their own responsibility.
3. Once data is no longer required for processing purposes and no statutory retention obligations exist, we delete it. During the establishment and execution of our contractual relationship, we store your data. In some cases, data may need to be retained even after termination of our contractual relationship. For instance, invoice data (billing documents) must be retained for ten years in compliance with § 147 of the German Fiscal Code.
4. You have the right to access, transfer, delete, rectify, restrict, or block your personal data. You are entitled to free access to all personal data concerning you. You may contact us with your request. Additionally, you have the right to seek administrative or judicial remedies or contact a supervisory authority.
5. If the app is downloaded from third-party platforms, the terms and conditions (GTC) and privacy policies of the respective third-party provider may apply, to the extent of any overlaps.

21 Liability, Indemnification, and Reimbursement of Expenses

1. We are liable to you in all cases of contractual and non-contractual liability for damages or reimbursement of wasted expenditures in accordance with statutory provisions in cases of intent and gross negligence.
2. In other cases, we are liable—unless otherwise provided in paragraph 3—only for the breach of a contractual obligation whose fulfillment is essential for the proper execution of the contract and upon which you, as the contracting party, may regularly rely (so-called cardinal obligation). Liability is limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
3. Our liability for damages resulting from injury to life, body, or health, and under the Product Liability Act, remains unaffected by the aforementioned and all other liability, warranty, or responsibility limitations or exclusions agreed upon in these GTC or between us.
4. You indemnify us against any claims by third parties arising from your culpable breach of obligations—particularly those stemming from these GTC—against us and/or our vicarious agents. Upon first request, you will reimburse us for any damage resulting from third-party claims, including any court and attorney fees incurred for legal defense. Statutory provisions apply otherwise.
5. We are entitled to reimbursement for expenses that we deemed necessary under the circumstances and were not at fault for, particularly any expenses required to protect the contractual object, as well as a locally customary and reasonable remuneration.
6. The following provisions must be observed, as their violation may lead to exclusion of our liability or to your liability toward us or third parties:
   1. Use only in good general health: No injuries or limitations relevant to the use of our services should be present. This particularly applies to cardiovascular diseases, respiratory diseases, neuromuscular conditions, spinal or joint issues, and other health restrictions.
   2. Pregnant or nursing individuals should refrain from using the services. In specific cases, consult a doctor before using the app. Any information provided by us is not a substitute for medical advice.

Pay attention to your body’s signals. If you have doubts about your health before first using or during the use of Elabawo—e.g., in cases of severe pain, general discomfort, shortness of breath, nausea, or dizziness—consult your doctor before starting or continuing your training.

22 Place of Performance, Governing Law, Contract Language, and Jurisdiction

1. The place of performance for all services under the contract is Cologne.
2. The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If both you and we are merchants at the time of contract conclusion and you have your registered office in Germany, the exclusive place of jurisdiction is our registered office in Cologne. Otherwise, the applicable statutory provisions govern local and international jurisdiction.
3. The contract language, unless otherwise agreed in writing, is German. Translations of legal texts or documents are solely for better understanding. In particular, concerning contractual agreements, these GTC, the privacy policy, or other legal texts or documents, the German versions are legally binding; this applies especially in cases of discrepancies or differences in interpretation.
4. Regarding disputes with consumers, the EU Commission has created an online dispute resolution platform under the ODR Regulation and § 36 VSBG. This platform serves as a point of contact for the out-of-court resolution of disputes related to contractual obligations arising from online purchase agreements. Further information is available at: Link. Participation in dispute resolution proceedings before a consumer arbitration board is not mandatory and is not undertaken by us.

23 Final Provisions

1. Changes and additions to these GTC must be made in writing, and we reserve the right to do so. Amendments require that you are not unreasonably disadvantaged, there is no violation of good faith, and the amendment is not opposed. In the event of a change, notification will be sent via one of our communication channels—particularly via email—two months before it takes effect. The amendment becomes effective if it is not opposed within this period, after which the amended GTC will apply.
2. We reserve the right to assign this contract to another company. Such an assignment will take effect one month after a notification of assignment is sent through one of our communication channels—particularly via email. In the event of an assignment, you have a right of termination, which is valid for one month after receipt of the assignment notice. All rights granted to us are simultaneously granted to our legal successors.
3. If any provision of these GTC is invalid, the validity of the remaining provisions shall not be affected. The invalid provision will be replaced by a valid provision that most closely approximates the intended economic purpose.