- General
- Changes to these general terms and conditions
- Description of the services
- Registration
- Conclusion of contract
- Duties of the customer and prohibited conduct
- Warranty, liability
- Availability, modification, interruption, discontinuation of the services
- Duration of the contract, termination of the contract
- Terms of payment
- Final provisions
- Cancellation policy
- General
The following Terms and Conditions serve to ensure the security of interactive communication between the Users and Customers of the Services (DOJO ATHLETICS, MATCHPOINT ATHLETICS) of Motion Nexus GmbH, regulate the contractual relationship between Motion Nexus GmbH and the Users and define the conditions under which the use of the Services (e.g. mobile applications/software applications) takes place. The business relationship between Motion Nexus GmbH and the Customer is governed exclusively by the following General Terms and Conditions (GTC) in the version valid at the time of the order. The Motion Nexus Services are available via mobile devices as a mobile app. The Motion Nexus Services offer a comprehensive and professionally prepared training programme with a training plan and training programmes. The operator of the Motion Nexus Services is Motion Nexus GmbH, Managing Director Mr Alexander Schenk, Gottlieb-Olpp-Straße 31, 72076 Tübingen. The current version of these GTC can be found at www.motion-nexus.com and on the websites and software applications of Motion Nexus Services.
- Changes to these general terms and conditions
Motion Nexus GmbH shall be entitled to amend these General Terms and Conditions with effect for the future, with the exception of the material contractual obligations. In such cases Motion Nexus GmbH shall notify the Customer of a change or amendment in writing or by e-mail at least 4 weeks before it comes into force and shall make special reference to the fact that the changes will take effect in the absence of an objection. The customer can object to such a change or addition within a period of 2 weeks from receipt of the change notification in text form (§ 126b BGB), e.g. in writing or by e-mail (e-mail address).
- Description of the Services
(1) The prerequisite for the use of the offer of Motion Nexus GmbH is the registration of the User on the Motion Nexus Services via his Apple or Google account (single sign-on). Motion Nexus GmbH can offer free trials of the content or services of the Motion Nexus Services during a trial period either independently after free registration or in connection with the conclusion of a contract for a chargeable usage package. Notwithstanding any agreements to the contrary, there is no entitlement to a free trial.
(2) In addition, or after the trial period, Motion Nexus GmbH shall make extended functions available to its Customer for different terms in return for a fee (paid memberships). Service content and charges can be found on the websites and mobile applications of Motion Nexus Services under the heading ‘Prices’. All prices and charges stated on the website or within the mobile applications of Motion Nexus Services are – unless otherwise stated – in euros including the statutory value added tax applicable at the time. For customers resident in third countries (i.e. countries outside the European Union), the amounts stated are net prices.
- Registration
(1) Registration takes place exclusively via the single sign-on procedure of the customer’s Apple or Google account.
(2) Only users with full legal capacity are entitled to use the service.
- Conclusion of contract
Ordering the Motion Nexus Services subscription service is subject to a charge and can only be made online via the Customer’s Google account or Apple account. The contract is concluded for a specific term. Terms, service content and charges for the subscription services can be found on the websites and mobile applications of Motion Nexus Services under the heading ‘Prices’. Motion Nexus GmbH shall confirm receipt of the order immediately by e-mail. The respective package shall be available to the Customer immediately after confirmation or after the end of the free trial period.
(6) Obligations of the Customer and prohibited conduct
(1) The Customer undertakes to use the subscription services exclusively for private purposes. The use of the Motion Nexus Services for indirect or direct commercial purposes, in particular (i) use in fitness centres or in any other commercial operation in the field of sport, health, fitness or similar, and (ii) for advertising products or services or other objectives of organisations or companies of any kind, is prohibited – unless separately contractually regulated – and constitutes misuse.
(2) The user undertakes to provide true and complete information when registering and to keep this up to date during the term of the contract by adjusting it or notifying Motion Nexus GmbH.
(3) Only one registration may be maintained per person at any one time.
(4) The user is obliged to keep his access data secret and not to pass it on to third parties. The transfer of the possibility of using the registration and/or a chargeable usage package to third parties is prohibited.
(5) The user is obliged to observe the statutory copyrights and other rights existing in respect of the contents of chargeable usage packages and other contents in the Motion Nexus GmbH/Motion Nexus Services offer. He may not duplicate, distribute or make publicly available such content or remove technical protective measures or copyright or rights notices unless this is expressly permitted.
(6) The user has the obligation to provide, at his own expense, hardware and software as well as a broadband internet connection for the retrieval of the agreed content or services from the Motion Nexus GmbH offer.
(7) The user bears full responsibility for his physical and health capacity. In the event of illness or pregnancy the use of the offers of Motion Nexus GmbH and the Motion Nexus Services is to be clarified by the user on his own responsibility with a doctor.
(8) In the event of violations, Motion Nexus GmbH reserves the right to temporarily or permanently block user access without stating reasons, if and as soon as it becomes aware of such violations. This is particularly the case if authorities and/or other third parties take measures of any kind against Motion Nexus GmbH or the Customer and base these measures on the allegation of illegality of content of the Customer and/or infringement of rights by the Customer. The blocked Customer is prohibited from registering again under a different account or using the platform in any other way. Motion Nexus GmbH reserves the right to initiate criminal proceedings and/or assert claims (in particular claims for injunctive relief and damages) against the member.
- Warranty, liability
(1) Motion Nexus GmbH shall be liable for intent and gross negligence. Furthermore, Motion Nexus GmbH shall be liable for the negligent breach of obligations the fulfilment of which is essential to the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which customers may regularly rely on. In the latter case, however, Motion Nexus GmbH shall only be liable for the foreseeable damage typical of the contract. Motion Nexus GmbH shall not be liable for the slightly negligent breach of obligations other than those referred to in the above sentences. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
(2) The restrictions in paragraph 1 also apply in favour of the legal representatives and vicarious agents of Motion Nexus GmbH if claims are asserted directly against them.
(3) Motion Nexus GmbH gives no guarantee that the Motion Nexus Services will meet the Customer’s expectations and in particular gives no guarantee that success will be achieved from the use of the Services. Use of the Services is expressly at the Customer’s own risk. It is pointed out that no diseases or disorders of a pathological nature are diagnosed or treated on or with the Motion Nexus Services or other offerings of Motion Nexus GmbH. Under no circumstances does information or programme functions on the website or mobile app replace medical, nutritional, psychological or sports science care. The contents of the products do not replace medical examination or treatment. It does not constitute medical advice.
(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect Motion Nexus GmbH is not liable for the constant and uninterrupted availability of our online system or the Motion Nexus Services. For testing purposes, interruptions, changes in coding may be brought about. This will be announced to the client – as far as possible – in advance.
(5) Motion Nexus GmbH accepts no liability for the availability of third-party services, the spying out of passwords by third parties, misuse by third parties by means of faking a false identity, or by means of using spied-out passwords.
- Availability, modification, interruption, discontinuation of the Services
(1) The Motion Nexus Services are generally available to the Customer 24 hours a day.
(2) Motion Nexus GmbH shall endeavour to offer the Service for retrieval without interruption as far as possible. Even with all due care, however, downtimes – for example due to maintenance work and software updates as well as times when the Service is unavailable due to technical or other problems beyond the control of Motion Nexus GmbH (force majeure, fault of third parties etc.) – cannot be ruled out. The service description therefore limits from the outset the retrievability of all services to such free of significant impairments.
In order to be able to make full use of the Motion Nexus Services, the Customer must use the latest technologies or enable their use on his mobile device. If older technologies or technologies not in general use are used, the Customer may only be able to use the Motion Nexus Services to a limited extent.
(3) Motion Nexus GmbH is entitled to make changes to and/or deviations from the scope of services provided that the purpose of the contract for the Customer is not impaired or is impaired only insignificantly and the change or deviation is based on a general – i.e. not just in relation to individual Customers – change to the offer or individual products. Motion Nexus GmbH shall furthermore be entitled to make a change or deviation if a licence or other entitlement of a third party underlying the performance has lapsed. Furthermore, changes or deviations are permissible insofar as they are necessary for adaptation to the state of the art or for optimisation of the technical systems. Insofar as the changes and/or deviations should lead to a significant restriction of the scope of services, the customer is entitled to extraordinary termination of the contract within six weeks of the occurrence of the significant restriction. If the customer does not make use of this right and if the customer has been informed of this legal consequence in the notification of change, the contract shall be continued with the changed scope of services.
(4) In the event of the permanent discontinuation of the Motion Nexus Services, Clause 2 (Amendment of the GTC) of these GTC shall apply accordingly. Beyond this, however, the Customer shall not be entitled to any claims for damages or warranty claims as a result of the permanent discontinuation of the Service.
- Duration of the contract, termination of the contract
(1) The contract for the use of the Motion Nexus Services is concluded for a period of one, three or six month(s).
(2) The time-limited subscription Services end at the end of the term. Each subscription to a Motion Nexus Service must be cancelled individually. You can cancel the respective subscription without giving reasons at any time with effect from the end of the minimum term or the end of the respective renewal period via the Apple or Google account or the respective Store. Motion Nexus GmbH is entitled to terminate each subscription at the end of the minimum term or at the end of the respective renewal period with two (2) weeks’ notice in text form.
(3) The contract for the use of the free test phase of the subscription service is automatically extended to the package selected at the beginning after the expiry of the period without termination.
(4) The right of the Customer or Motion Nexus GmbH to extraordinary termination of the subscription services for good cause exists unaffected by any term. Such cause shall be deemed to exist for Motion Nexus GmbH in particular in the event of default in payment of more than two weeks, although the Customer has previously been reminded to pay. In such cases Motion Nexus GmbH reserves the right to exclude the Customer from using the subscription services and to terminate the contract with immediate effect.
(5) Termination by the Customer shall only be effective if it is made on the respective Google account or Apple account or in the respective Store.
(6) If the contractual relationship is terminated by extraordinary notice of termination by Motion Nexus GmbH before expiry of the agreed term of the contract, a residual charge amounting to a flat rate of 25% of the charge which would have accrued during this period shall be payable on termination of the contractual relationship for the period between termination of the contract and the end of the agreed term of the contract. The residual fee may not be demanded if the Customer proves that the amount due to Motion Nexus GmbH is lower than the lump sum.
- Terms of payment
(1) When a subscription is purchased, the fee shall be collected in advance for the respective minimum term at the time the contract is concluded. If the subscription is automatically renewed, the fee shall be collected in advance at the beginning of the respective renewal period.
(2) Costs for Internet access and for the use of the Internet by the Customer (e.g. DSL access, cable Internet access, mobile Internet access) shall be borne by the Customer itself and are not part of the offer of Motion Nexus GmbH.
(3) If payment of the charges is not made due to transaction problems, return debit note or non-payment, Motion Nexus GmbH shall set a period of 7 days for payment to be made. If payment has not been received by then, Motion Nexus GmbH shall be entitled to block access to the subscription services after setting a further deadline of 7 days. Blocking access to the Subscription Services is not equivalent to termination of the Subscription Service and does not constitute exercise of the right of withdrawal by Motion Nexus GmbH. The right to assert further claims for damages and the extraordinary termination of the contract by Motion Nexus GmbH in the event of continuing default in payment shall remain unaffected. As soon as payment of the outstanding fees has been received in Motion Nexus GmbH’s account, Motion Nexus GmbH shall reactivate access to the subscription services. Motion Nexus GmbH reserves the right, in the event of non-payment, to assign the outstanding claims to a collection agency.
- Final provisions
(1) These General Terms and Conditions are complete and final. Amendments and supplements to these General Terms and Conditions should be made in writing in order to avoid ambiguities and disputes between the parties about the content of the contract agreed in each case.
(2) The law of the Federal Republic of Germany shall apply to contracts between Motion Nexus GmbH and customers if
– the Customer has his habitual residence in the Federal Republic of Germany, or
– the Customer’s habitual residence is in a state which is not a member of the European Union.
In the event that the customer has his habitual residence in a member state of the European Union, German law shall also be applicable, whereby mandatory provisions of the state in which the user has his habitual residence shall remain unaffected.
Notice pursuant to § 36 VSBG
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
– END OF THE GENERAL TERMS AND CONDITIONS –
- Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us, Motion Nexus GmbH, Gottlieb-Olpp-Straße 31, 72076 Tübingen, Germany, telephone +49 170 4758907, by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use ready-made sample cancellation forms for this purpose, but they are not mandatory. In order to ensure an easier assignment of your contract, we ask you to include the following information in your revocation: Date of subscription, e-mail address, first and last name and date of cancellation.
To meet the cancellation deadline, it is sufficient for you to send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
– END OF THE CANCELLATION POLICY –
