General Terms and Conditions (GTC)

I. Provider

The provider of the website and the services offered through it is:

II. Scope

1. These GTC apply to all contracts between the provider and users of the website https://procoach4all.com regarding the use of the platform as well as the booking and purchase of digital training plans, features, and other services.
2. Any deviating terms and conditions of the user shall not be recognized unless the provider expressly agrees to their validity in writing.

III. Description of Services

1. The scope of content available may differ between a free trial period and a paid subscription. The applicable scope is displayed before the order is placed.
2. The provider makes available an online platform via the website that enables users to create, manage, and use digital training plans based on various exercises, content, and features.
3. Use of the platform is provided within the framework of a paid subscription. For the duration of the contract, the user receives access to the booked features and content in accordance with the selected service variant.
4. Access to the digital content and platform features is activated immediately after the conclusion of the contract. Provision is made exclusively in digital form.
5. The exact scope of features is determined by the current presentation of features on the website.
6. The provider currently offers the following booking categories:
   • Individual (use by a single natural person),
   • Team (use by multiple persons, e.g., within a club, organization, or training group),
   • Custom (tailor-made or separately agreed services following individual agreement).
7. The provider reserves the right to further develop, adjust, or modify the scope of features, the structure of the platform, and individual services at any time, provided that the essential contractual content is not adversely affected.

IV. Conclusion of Contract

1. The presentation of services on the website does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
2. The user submits a binding offer to conclude a paid subscription by completing the ordering process in full and clicking on the appropriately labeled button to place a binding order subject to payment.
3. The contract is concluded as soon as the provider accepts the order or activates access to the platform. Activation usually takes place immediately after the conclusion of the contract.
4. A prerequisite for the immediate provision of digital content is that the user expressly agrees during the ordering process that the provider may begin performance of the contract before expiry of the statutory withdrawal period and confirms that they thereby lose their right of withdrawal (§ 356 para. 5 German Civil Code – BGB).
5. In the "Team" category, orders may only be placed by an adult person authorized to represent the respective entity (e.g., board member, managing director, club representative, school management, coach with appropriate authorization). The terms of use under Section VIII of these GTC apply. By completing the order, the person placing the order confirms that they are authorized to act in a legally binding manner on behalf of the specified organization, club, or other legal or natural person. The provider is entitled to request suitable proof of authorization (e.g., extract from the register of associations, power of attorney, or comparable confirmation). If such proof is not provided within a reasonable period, the provider is entitled to terminate the contract extraordinarily or suspend access until clarification.

V. Prices and Payment Terms

1. Use of the platform is subject to a paid subscription. Monthly and annual payment may be offered. The amount of the fee depends on the selected service variant and the number of licences, and is bindingly displayed during the ordering process.
2. Payment is made monthly in advance using the payment methods offered during the ordering process.
3. The subscription begins upon conclusion of the contract and subsequent activation of access. Where a free trial period has been agreed, the payment obligation begins at the end of that period (Section V.a).
4. All prices are stated in euros and include the applicable statutory value added tax, unless expressly stated otherwise.
5. The provider reserves the right to adjust prices and service models for future contracts. For already concluded contracts, the agreed prices shall remain valid during the respective contract term unless a legally permissible price adjustment is made.

V.a Free Trial Periods

1. The provider may offer a free trial period. Whether a trial period is available, its duration and its scope are displayed before the order is placed and are binding for that order.
2. A trial period requires valid payment details. No payment is taken during the trial period.
3. During the trial period the scope of content and functions may be limited compared with the paid subscription. The limitations applicable to the respective offer are displayed before the order is placed.
4. At the end of the trial period the subscription continues automatically as a paid subscription, unless the user terminates before that date. The price, the billing interval and the date of the first payment are displayed before the order is placed.
5. Termination during the trial period takes effect at the end of the trial period. No payment then becomes due.
6. Each person is entitled to one free period. The provider may refuse a further free period.
7. Independently of this, the provider may grant partner or promotional codes which provide a free period with the full scope of services. Paragraphs 2 and 4 to 6 apply accordingly.

VI. Registration and User Account

1. Use of certain platform features requires registration. Registration is possible in two ways:

   a) "Continue with Google"

   The user logs in using their existing Google account. Authentication is carried out via the Auth0 service. After successful identity verification, the user account is created and linked to the Google account. Google transmits to the provider the contact data required to create the account (e.g., name, email address, unique user identifier), provided the user consents to such transmission.

   b) Registration by email and password

   The user first registers with an email address and password. Subsequently, linking with a Google account is mandatory. Only after consent to the linking and successful authentication via Auth0 is the user account fully activated.

2. In both cases, linking with a Google account is a mandatory requirement for using the platform. The linking serves in particular to enable calendar, task, and synchronization functions.
3. The user warrants that they are authorized to use the linked Google account.
4. Authentication is technically carried out via Auth0 as an identity service provider. The provider does not store Google passwords. Access credentials to the Google account are processed exclusively by Google.
5. The user is obliged to protect their access data (in particular the Google account and, where applicable, registered password) against access by unauthorized third parties. The provider shall not be liable for damages resulting from misuse of the Google account unless the provider is responsible for such misuse.
6. The provider is entitled to block or delete user accounts if there are indications of misuse, false information, or violation of these GTC.
7. Details regarding the processing of personal data in connection with registration, authentication via Auth0, and linking with Google are regulated in Section XIV of these GTC and in the general privacy policy.

VII. Age Restriction

1. Use of the platform and booking of services is permitted exclusively to persons who have reached the age of 16.
2. For minors under 18 years of age, the consent of a legal guardian is required.
3. Bookings in the name of children or adolescents under the age of 16 are only permitted within the "Team" category by a club, organization, or an adult responsible person (e.g., coach, instructor, or club representative).

VIII. Use by Teams, Clubs, and Youth Coaches

1. The "Team" category is intended in particular for clubs, schools, organizations, coaches, and other responsible persons who create and manage training plans for multiple athletes or participants.
2. In this case, the contractual partner is the booking organization or the adult responsible person, not the individual team members.
3. Direct booking by minor team members is excluded.

IX. User Obligations

1. The user undertakes to use the platform only in compliance with applicable laws and these GTC.
2. It is prohibited to upload or distribute content that is unlawful, offensive, discriminatory, harmful to minors, or otherwise impermissible.
3. The user may not misuse the platform, in particular not to interfere with the technical infrastructure or to collect data without authorization.

X. Copyright and Rights of Use

1. All content, training plans, exercises, texts, graphics, and software provided by the provider are protected by copyright.
2. The user is granted a non-exclusive, non-transferable right of use limited to the duration of the contract for the booked services.
3. Reproduction, distribution, or making available to the public beyond the contractually intended purpose is not permitted.

XI. Availability and Liability

1. Use of the platform requires a functioning internet connection as well as suitable technical end devices and software on the part of the user. The provider assumes no responsibility for the availability, quality, or stability of the user's or third parties' internet connection or network operation.
2. The provider shall be liable without limitation in cases of intent and gross negligence as well as in cases of injury to life, body, or health.
3. In the event of slightly negligent breach of essential contractual obligations, liability shall be limited to the foreseeable damage typical for the contract.

XII. Liability for Training Content

1. The training plans and content provided are intended solely for informational and training purposes.
2. The provider assumes no liability for health damages resulting from the implementation of the training plans unless such damages are based on intentional or grossly negligent conduct by the provider.
3. Users and coaches are solely responsible for assessing the health suitability of the persons being trained.

XIII. Contract Term and Termination

1. The contract runs for an indefinite period. There is no minimum term.
2. The user may terminate at any time. Termination takes effect at the end of the billing period already paid for. Access remains available until that date and no further payment becomes due.
3. Termination is declared in the user account, where the effective date is displayed, or on the cancellation page at procoach4all.com/kuendigen, which is available without logging in.
4. The provider may terminate with one month's notice to the end of a calendar month.
5. The right to terminate without notice for good cause remains unaffected.

XIV. Data Protection

1. Personal data shall be processed in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR).
2. In the context of registration and use of the platform, personal data is processed, in particular contact data, identification data, and – in the case of linking with a Google account – data from the Google profile.
3. For technical authentication and identity verification, the Auth0 service of Okta, Inc., 100 First Street, 6th Floor, San Francisco, CA 94105, USA, is used. In the context of linking with a Google account, data is transmitted from Google to us. Processing is carried out on the basis of Art. 6(1)(b) GDPR and – where necessary – on the basis of the user's consent.
4. Payment processing is carried out via Stripe Technology Company Limited (STC), One Wilton Park, Wilton Place, Dublin 2, D02 FX04, Ireland. If a corresponding payment method is selected, the data required for payment processing will be transmitted to Stripe. Processing is carried out exclusively for the purpose of executing the payment pursuant to Art. 6(1)(b) GDPR. The privacy policy of Stripe applies additionally: https://stripe.com/privacy.
5. Further information is set out in the separate privacy policy on the website.

XV. Right of Withdrawal (Consumers)

1. If the user is a consumer within the meaning of § 13 BGB, they are generally entitled to a statutory right of withdrawal. Separate instructions on the right of withdrawal are provided during the ordering process.
2. The services offered consist of the provision of digital content and access to an online platform activated immediately after conclusion of the contract.
3. The right of withdrawal shall expire prematurely pursuant to § 356 para. 5 BGB if:
   • the user expressly agrees that the provider begins performance before expiry of the withdrawal period, and
   • the user confirms knowledge that they lose their right of withdrawal.

   The express consent and confirmation of knowledge shall be given during the ordering process by means of a separate, non-preselected confirmation action (e.g., checkbox).

4. If such consent is given in accordance with paragraph 3, no right of withdrawal exists.

XVI. Amendments to the GTC

1. The provider reserves the right to amend these GTC if necessary for legal, technical, or economic reasons.
2. Users shall be informed of significant changes in due time. If the user does not object within 14 days, the changes shall be deemed accepted.

XVII. Final Provisions

1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Place of jurisdiction, insofar as legally permissible, is the registered office of the provider.
3. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.