1. Responsible provider and subject matter
    1. The responsible provider of the HelloSports app (hereinafter: HelloSports) and the services offered therein is SIGNA Sports United X GmbH with its registered office in Berlin, represented by its managing directors Dr. Stephan Zoll and Philipp Rossner (hereinafter: "Provider").
    2. The object of HelloSports is the collection of activity points by users in fitness or sports trackers supported by HelloSports (e.g. Fitbit or Strava; hereinafter "activity trackers"). These activity points can be redeemed via HelloSports for vouchers or other benefits (e.g. discounts in online shops). In addition, participation in so-called challenges is also offered, through which users can also acquire activity points or vouchers. Other circumstances such as advancing to certain activity levels or sharing certain content such as photos can also be rewarded with activity points. In order to earn activity points in HelloSports, the respective user must connect HelloSports with one or more of the activity trackers used by him/her and supported by HelloSports. Identical activities recorded or saved via several activity trackers at the same time are only taken into account once in HelloSports when collecting activity points.
  2. Scope, conditions of participation and definitions
    1. These Terms of Use apply to the use by a consumer (hereinafter "User") of the app called HelloSports provided by the Provider via the Apple App Store or the Google Play Store (hereinafter each "App Store"). Express reference is made to the data protection provisions of HelloSports that apply in addition to these Terms of Use.
    2. Users of HelloSports can only be natural persons and consumers. Users and consumers are expressly included in these terms.
      A consumer within the meaning of these Terms of Use is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity.
    3. Natural persons who do not have unlimited legal capacity (in particular minors under the age of 18) may only use HelloSports with the consent of their legal representative. The Provider reserves the right to make the use of HelloSports in this case dependent on the submission of a written declaration of consent by the legal representative.
    4. In addition to these Terms of Use, special terms of use (licence terms) of the respective app store operator may apply with regard to the use of HelloSports. Insofar as the terms of use of the App Store Operator contradict these Terms of Use with regard to the use of the App, these Terms of Use shall apply exclusively. Otherwise, the terms of use of the app store operator shall apply in addition to these terms of use.
    5. If activity points collected via HelloSports are redeemed for vouchers and these vouchers are used for the purchase of goods, digital content, services or similar in connected webshops, the relevant terms of use and other provisions of the respective webshop shall apply.
  3. Registration; conclusion of contract
    1. Registration of the user is a mandatory requirement for the user to be able to use HelloSports. Registration can either take place by opening a user account with HelloSports or directly via an existing account of the user with another service (e.g. Apple, Google, Facebook etc.), insofar as this is supported by HelloSports.
    2. A contract for the use of HelloSports is concluded between the Provider and the User by the User installing HelloSports on his mobile device via an App Store and subsequently registering with HelloSports as a User. Registration with HelloSports is free of charge.
    3. A user registers by entering the requested data, clicking on the "Create account" button and confirming his registration by clicking on the corresponding link in the confirmation e-mail sent to him. In the case of registration via an existing account of the user with another service, the contract is concluded immediately upon registration, without any further action by the user being required. Please also read the information in section II.4 of the HelloSports privacy policy.
    4. The data requested during registration must be provided completely and correctly by the user. The user is obliged to keep this data (including e-mail addresses) up to date at all times. As a matter of principle, the provider does not check the transmitted data for correctness and completeness.
    5. Each user can only set up one user account for HelloSports. His/her authorisation to use HelloSports applies only to him/her personally and is non-transferable.
  4. Service content
    1. With HelloSports, the Provider provides an app for mobile end devices. Use of the app requires effective registration of the user (see above under section 3 of these Terms of Use). The functional scope and technical specifications of the app are described in more detail in the service description in the App Store.
    2. The Provider is not responsible for establishing and maintaining the data connection between the User's IT system and the Provider's server.
    3. HelloSports is offered subject to availability. An availability of 100 percent is technically impossible to realise and can therefore not be guaranteed to the user by the provider. However, the Provider shall endeavour to keep the service available as constantly as possible. In particular, maintenance, security or capacity issues as well as events beyond the control of the provider (disruptions of public communication networks, power failures, etc.) may lead to disruptions or temporary shutdown of the service. As far as possible, the Provider shall carry out maintenance work during periods of low usage.
    4. The App is updated by the Provider at irregular intervals. Accordingly, the user shall only receive the right to use the app in its current version. In contrast, the user has no claim to the app being in a certain state.
    5. Without an internet connection, the use of HelloSports is only possible to a limited extent. Internet providers may always charge fees for the use of an internet connection.
    6. Registration with HelloSports is free of charge. For any additional services offered by connected online shops in connection with HelloSports (e.g. premium memberships or similar), the user must conclude separate contracts with the respective online shops.
  5. Discontinuation of the service; changes in performance
    1. The provider expressly reserves the right to discontinue the service at any time. The User cannot derive any claims against the Provider or the online shops connected to HelloSports solely from or in connection with the discontinuation of the service. Nor does the user have any claim to the presence or absence of certain functions in HelloSports.
    2. Activity points already collected when the service is discontinued expire without replacement unless the activity points have already been converted into vouchers for connected online shops. The activity points already converted into vouchers can be redeemed at the connected online shops until the respective expiry date of the vouchers.
    3. A discontinuation of the service has no effect on vouchers that have already been redeemed.
    4. Furthermore, the Provider reserves the right to change the services offered or to offer different services,
      • insofar as it is obliged to do so due to a change in the legal situation;
      • to the extent that he or she thereby complies with a court judgment or an official decision directed against him or her;
      • insofar as the respective change is necessary to close existing security gaps;
      • if the change is only beneficial to the user;
      • if the change is of a purely technical or procedural nature with no significant impact on the user; or
      • this is otherwise reasonable for the user.
    5. Changes with only an insignificant influence on the functions of the App Service do not constitute changes in performance within the meaning of this clause. This applies in particular to changes of a purely graphical nature and mere changes to the arrangement of functions.
  6. Conditions for collecting activity points and redeeming vouchers
    1. HelloSports users can collect activity points in the app by connecting one of the HelloSports connected activity trackers to HelloSports. The activity trackers connected to HelloSports can be viewed in the app under "Profile". Certain sports activities recorded in the respective activity tracker (see section 6.2) can then be converted into redeemable activity points in HelloSports. Identical activities recorded or saved via several sports trackers at the same time are only taken into account once in HelloSports when collecting activity points. The provider expressly reserves the right to include other activity trackers in HelloSports in the future or to remove them again.
    2. Only certain sports or fitness activities recorded in connected sports or fitness trackers can be converted into activity points in HelloSports. The Provider expressly reserves the right to include or remove additional sports in HelloSports in the future. It is also possible that certain online shops connected to HelloSports will only allow the redemption of activity points from certain sporting activities (such as running).
    3. HelloSports users are offered vouchers for online shops within HelloSports against which they can redeem their activity points. Activity points can only be redeemed via the respective online shop, not directly via HelloSports.
    4. It can take up to 24 hours after recording the activities in the sports trackers until the activity points are available for redemption.
    5. Activity points are redeemed the moment the user clicks on the "Redeem points" button in HelloSports. Redeemed points are then no longer available for further redemption, but are used up.
    6. Activity points have an expiry date of 12 months after which they are no longer available for redeeming vouchers or other discounts in connected online shops. If activity points are not redeemed 12 months after they have been transferred to HelloSports, they automatically expire without replacement and are automatically deducted from the user's existing account.
    7. Activity points cannot be sold, transferred or assigned and are not redeemable for cash.
    8. The provider reserves the right to exclude users from the use of HelloSports who have provided false information during registration or have otherwise acted with fraudulent, misleading or deceptive intent in or in connection with the use of HelloSports. Further claims by the Provider for damages or other compensation in connection with such activities remain reserved.
  7. Participation in challenges
    1. Activity points and vouchers can also be earned by users by participating in challenges. In a challenge, users are invited to record a certain activity (e.g. running 10 km at a stretch) with a connected activity tracker and to receive activity points or vouchers if they complete the activity successfully. To participate in a challenge, the user must click on the "Accept Challenge" button.
    2. Participation in a challenge is confirmed to the respective user with a message in the app that he or she has successfully registered. The user must then complete the required activity within the defined duration of the challenge and record it with the connected activity tracker. Challenges usually have a defined duration during which the required activity is evaluated, provided that the user has confirmed participation. The user can view the remaining time for the challenge as well as his or her own participation status within the challenge under "Progress". If the user independently cancels a challenge or if the necessary activities of a challenge are not performed, the user will not receive any pro rata activity points for the partially performed activities within the framework of the challenge.
    3. In the event of an external event (e.g. natural disasters, power cuts, strikes, etc.) that prevents the Provider from carrying out the Challenges under the described conditions or hinders a continuation without the Provider being responsible for this, the Provider may, at its own discretion, cancel the "Challenge" and/or resume it at another time under the same conditions.
    4. If for any reason Challenges fail to run as planned, including due to computer viruses, bugs, tampering, unauthorised intervention, fraud, technical failure or any other cause beyond the Provider's control which damages or interferes with the server, the Provider reserves the right to take any action, modify, cancel the Challenges or exclude Participants.
  8. Changes to the terms of use
    1. The provider reserves the right to change these terms of use at any time without giving reasons, unless this is unreasonable for the user. The provider shall notify the user of any changes to the terms of use in text form in good time. If the user does not object to the validity of the new terms of use within a period of two weeks after notification, the amended terms of use shall be deemed accepted by the user. In the notification, the provider shall inform the user of his right to object and the significance of the objection period. If the user objects to the changes within the aforementioned period, the provider is entitled to exclude the user from using HelloSports when the changes take effect and to delete the user's profile.
    2. The Provider further reserves the right to amend these Terms of Use,
      • insofar as it is obliged to do so due to a change in the legal situation;
      • to the extent that he or she thereby complies with a court judgment or an official decision directed against him or her;
      • insofar as the respective change is necessary to close existing security gaps;
      • if the change is only beneficial to the user; or
      • if the change is of a purely technical or procedural nature without any significant impact on the user.
    3. The user's right of termination in accordance with clause 9 remains unaffected by this.
  9. Term and termination
    1. The user contract concluded upon registration with HelloSports shall run for an indefinite period. The user may terminate the contract at any time and without notice by sending an informal e-mail of termination to support@hellosports.app. The user's account will then be deleted and a confirmation e-mail sent to the user. HelloSports will then delete the user's account and send the user a confirmation e-mail about the effectiveness of the termination or the deletion of the customer account. When the cancellation becomes effective, all accumulated activity points/points are deleted and lose their validity. The deleted activity points cannot be used for a reactivated customer account or transferred to another customer account. Activity points already redeemed for vouchers can be redeemed in the respective online shops until the respective expiry date of the vouchers.
    2. Termination of this user contract has no effect on the user's access to any customer accounts with connected online shops. These are managed exclusively by the online shops.
    3. The provider also has the right to terminate the user contract at any time without notice. The provisions of clause 9.1. shall apply accordingly in this case.
  10. Obligations of the user when using HelloSports
    1. The user can upload a profile picture in HelloSports and, if necessary, add further information to his profile or provide other content. All of this is hereinafter referred to as "uploading content" or "uploaded content".
    2. Each user is solely responsible for the content posted, in particular for its truthfulness and legal harmlessness. The user shall ensure that the content posted does not violate these Terms of Use or applicable law.
    3. The user declares and assumes responsibility that he has the right to use the content used in his entries. In particular, he/she shall ensure that no rights of third parties are infringed by his/her entries, in particular copyrights, trademark rights and personal rights as well as rights of a competitive nature.
    4. The content posted by a user on HelloSports is solely attributable to the respective user and does not reflect the views of the provider. The provider does not guarantee the accuracy of the content and it is not possible for the provider to control files and content uploaded, transmitted or posted by users on HelloSports. Each user is responsible for critically checking the truthfulness of content.
    5. In principle, the user is liable for all activities carried out using his access, insofar as he is responsible for this. The user is responsible for maintaining the confidentiality of the access data. He must ensure that they are not accessible to third parties. The user must inform the provider immediately if there are indications that his access is being or has been used by third parties.
    6. The user may not use HelloSports in a way that adversely affects the availability of the app (e.g. uploading large files, spam). The Provider reserves the right to limit the amount of data for uploads in order to ensure the availability of the app. The use of crawlers or similar tools is also prohibited.
    7. Insofar as the Provider becomes aware that one of the posted contents violates the aforementioned regulations or if the Provider is requested to do so by a third party claiming a violation, the Provider is entitled to immediately remove the content in question and to block the violating user and/or to delete his account and to exclude him from future use of HelloSports.
  11. Granting of rights of use by the provider
    1. The Provider grants the User a simple, non-transferable right, limited to the duration of the usage agreement, to use HelloSports within the scope of these Terms of Use.
    2. Commercial exploitation of the app is not permitted.
    3. With regard to profile photos uploaded by the user, the user expressly agrees that the provider may make these photos publicly accessible to other users for the duration of the user relationship. Further information on this can be found in the HelloSports privacy policy.
    4. Users are not granted any editing rights. This also prohibits, in particular, changes to the software within the scope of reverse engineering.
    5. The user may not make HelloSports accessible to third parties unless this is absolutely necessary to achieve the purpose of use of the app. The user shall ensure that he does not provide third parties with any means of circumventing access to HelloSports.
    6. The other statutory and contractual provisions shall remain unaffected.
  12. Liability
    1. The Provider shall be liable to the User for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
      The provider shall be liable without limitation for every legal reason
      • in the event of intent or gross negligence,
      • in the event of intentional or negligent injury to life, limb or health,
      • on the basis of a guarantee promise, unless otherwise regulated in this respect,
      • on the basis of mandatory liability such as under the Product Liability Act.
    2. If the provider negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with section 12.1 above. Material contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the user may regularly rely on.
    3. In all other respects, any liability on the part of the Provider is excluded.
    4. The above liability provisions shall also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.
    5. The Provider shall not be liable for data loss caused by technical failures, interrupted data transmissions or other problems and damages in this context for which it is not responsible. The Provider shall not be liable for damage caused by the disruption of its operation or the operation of its app as a result of force majeure, riots, acts of war and natural disasters or as a result of other events for which it is not responsible (e.g. strikes, lock-outs, traffic disruptions, orders by public authorities in Germany and abroad) or which are attributable to technical problems for which it is not responsible. This also applies if these disruptions occur at third parties commissioned by the provider.
  13. Severability clause

    Should individual provisions of these Terms of Use be invalid or unenforceable in whole or in part or become invalid or unenforceable after conclusion of the contract, the validity of the remainder of the contract shall not be affected. This provision is not only a mere reversal of the burden of proof, but also an overall waiver of the provisions of ยง 139 BGB.

  14. Applicable law, contractual language
    1. These Terms of Use shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the law of the state in which a consumer has his habitual residence remain unaffected.
    2. The contractual language is German.
  15. Alternative Dispute Resolution
    1. The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr .
      This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
    2. The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.