Terms of Service
Terms of Service
Last updated: 01.11.2024
Last updated: party
Contractual Partner
On the basis of these General Terms and Conditions (GTC), a contract is concluded between the customer and Aerotune GmbH, represented by Sebastian Schluricke, Managing Director
.Address: Aerotune GmbH, Kreuzkoppel 134a, 24943 Flensburg, Germany
Tel: +49 (0) 461 31545477
Email: info@aerotune.com
Commercial Register: Flensburg
Commercial register number: HRB 12004
Sales tax identification number: DE309237761
, hereinafter referred to as provider, the following contract.
Contract
Through this agreement, the sale of services from the field of performance measurement, analysis and optimization of cyclists, triathletes and endurance athletes via the web platform of the Provider. With regard to the details of the offer and the services for the respective forms of the subscription, please refer to the respective product description on the offer page.
The Terms and Conditions are based on the following definitions:
Web platform: https://aerotune.com
The web platform combines all services of Aerotune GmbH and is provided by a free access (Freemium) or a paid access (Powermonth or Poweryear) and can be reached and can be accessed on the Internet at the following web address:
Furthermore, the provider offers an access for trainers, teams and clubs (coach). With the purchase of a coach license, an individual powermonth is required for each athlete in addition to the individual Powermonth required to receive the fee-based services. For the individual services on the web platform, the respective product descriptions apply as the basis for the general terms and conditions. No guarantee or warranty is assumed for the evaluation of the uploaded data.
Data and records
In order to perform the services of the Provider, the transmission of specific data sets by the Customer to the Provider is necessary; this is done automatically by the Customer on the Aerotune Platform. The Collection of the data sets is done by one or more sensors from third party provider(s). The continuous data acquisition by means of these sensors is to be ensured by the customer during the ensure.
Content of the records
The data records sent by the customer contain all the data required to calculate the service. data.
Format of the records
The data records shall be transmitted by the Client in the file format required by the Provider. At platform, all analyses are automatically generated and displayed to the client in his profile. displayed to the customer. Transmission shall mean the sending of the data records using exclusively of electronic means of distance communication. The transmission takes place by means of upload of the data records by the Customer to the Provider.
Data protection / processing of data
The privacy policy of the provider is here available.
Changes
The Provider reserves the right to amend these Terms and Conditions, in particular in the context of necessary updates and legal requirements. The customer has the possibility to view the currently valid version of the Terms and Conditions at any time via the website https://aerotune.com. Before each order is placed, the customer is also given the opportunity to take note of the current Terms and Conditions by clicking on the corresponding link when placing the order. The customer confirms that he/she has read and understood the Terms and Conditions in the course of the "click and accept procedure" by clicking on a non-pre-filled button separately each time an order is placed.
Conclusion
The contract is concluded in electronic business transactions via the web platform. In this context, the purchase models presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept. The ordering process for the conclusion of the contract includes the following steps on the web platform:
The contract is concluded with the sending of the order/registration confirmation.
The registration, access or use of the web platform is subject exclusively to the terms and conditions of the provider, even if the use or access is made from outside the Federal Republic of Germany. By registering, these terms and conditions are accepted and become an integral part of the service contract. This only comes into effect through separate confirmation of the order by the provider.
In the event of doubt as to the accuracy of the entries made by the customer when placing the order, the provider may demand proof of the information provided, in particular by submitting official documents. Until proof of the accuracy of the entries made, the provider is not obliged to perform the service ordered.
Duration
The contract runs for the specified time of the selected period. The range of services and the costs of the contract can be found separately on https://aerotune.com/user/account/. The contract ends automatically after this period and the account is reduced to the freemium account model. Uploading a file for paid services irrevocably enters into the contract.
Reservations
The provider reserves the right to provide a service equivalent in quality and price, e.g. through the manual evaluation of test data sent by e-mail. The service shown on the web platform is exemplary and does not represent the individual, contractual service. The provider reserves the right not to provide the promised service if it is not available.
The evaluations provided by the Provider do not constitute product-related purchase recommendations, but are evaluation results of the test data transmitted by the Customer.
Obligations of the provider
The provider makes the service offered by Aerotune GmbH available on the web platform. The provider does not owe the accessibility and availability of the web platform at all times. In particular, the web platform and the service offered may be temporarily unavailable due to technical maintenance work. Claims of the customer against the provider do not arise from this.
The provider reserves the right to change, restrict or completely discontinue the services offered at any time. The customer has no legal claim to the availability of the provider's services at any time.
After transmission of the data sets in the permissible file formats, the provider undertakes to carefully check the data. This includes in particular a check whether the data sets are undamaged and technically compatible with the evaluation software. A legal claim to a second performance of the service is unrestricted for the purchased period. Faulty data records are excluded from this.
The Provider shall calculate the selected service in each case using the most up-to-date algorithm available to it and shall check and validate the result to the best of its knowledge and belief.
Obligations of the clients
When using the web platform and the services offered, the customer is obliged to provide correct information. This includes in particular the entries that are necessary for the performance of the service. The customer must use his or her clear name, official registration address and the applicable contact data. In particular, the use of pseudonymous and incorrect contact data is not permitted. In the event of demonstrably incorrect information, the Provider reserves the right to refuse to provide the service and to take any legal action.
The Client shall not edit or modify the web platform and the digital services of the Provider. In particular, the customer undertakes not to decompile, modify, translate, spy out, reproduce or have third parties carry out such or similar activities.
All functions of the web platform, the underlying software, the source codes as well as photos, graphics and contents of the website are subject to the copyright of the provider. The customer acknowledges that the downloading and use of these elements is permitted exclusively for private purposes and in the course of placing an order within the framework of the statutory provisions. Distribution, reproduction, copying, transfer to other file formats as well as exploitation of distribution and publication are not permitted. The customer undertakes not to read out the contents and functionality of the web platform by using software or to carry out reverse engineering.
The customer undertakes to comply with the legal and statutory provisions of the respective country when carrying out the services offered on public roads, paths, etc. The provider shall not be liable for any damage caused by failure to comply with these. The provider assumes no liability for damages caused by non-observance of these!
Prices, shipping costs, return costs
The price for the performance of the service shall be expressly shown to the customer before the order is placed. The final price shown includes the statutory value added tax and all other price components. Shipping and return costs do not arise due to the digital offer of the service.
Terms of payment
The customer has only the following options for payment: payment service provider (PayPal). Other payment methods are not offered and will be rejected. If a trustee service/payment service provider is used, this enables the provider and the customer to process the payment between themselves. The escrow service/payment service provider forwards the customer's payment to the provider. Further information is available on the website of the respective escrow service/payment service provider.
The invoice amount for the service is due for payment immediately.
Set-off and right of retention
The customer shall have a right of set-off if the counterclaim has been legally established or is not disputed by the supplier.
The customer may only exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Activation
The selected service will be activated immediately after receipt of payment.
Contract design
The customer can access the current General Terms and Conditions at any time via the web platform. Should he wish to receive a copy of the General Terms and Conditions in force on the date of the contract, he may contact the supplier in this regard and will receive a corresponding copy of the General Terms and Conditions stored in-house. The customer can correct errors in the input during the order process. In the profile settings, all personal data as well as data concerning the subscription can be changed at any time.
Warranty
The information, software content and services contained on the provider's web platform are provided without any are provided without any guarantee or claim as to the correctness of their content. In particular guarantee for the technical compatibility of the web platform with the hardware and software used by the customer. hardware and software used by the customer. The calculations are only approximate values.
In all other respects, the statutory warranty and limitation provisions shall apply.
Liability
The provider is not liable for any damages resulting from transmission failures, service disruptions or other disruptions of the web platform if the company is not responsible for these or if these are based on measures serving the maintenance and further development of the website, in particular maintenance work. In this respect, the Company assumes no liability for the availability of the web platform and the associated services or for system-related failures, interruptions and malfunctions of the technical equipment and the service of the Company. In particular, the Company shall not be liable for disruptions to quality and access due to force majeure or due to events for which the Company is not responsible, in particular the failure of communication networks and gateways.
The provider assumes no liability for interruptions, delays, or failures in the transmission of data provided by third-party services that are necessary for the execution of the services. The training recommendations are based on the transmitted data and do not constitute medical advice or diagnosis. If there is any uncertainty about the suitability of the recommended training measures, the customer should always consult a doctor.
The Provider shall not assume any warranty for the data sets provided by the Client and any errors contained therein. Should it not be possible to carry out a test solely due to the defectiveness of the data sets provided by the customer, without a circumstance being involved for which the provider is responsible, the provider may nevertheless demand a proportion of the remuneration corresponding to the work performed. Any further liability on the part of the Client shall remain unaffected by this.
A warranty exclusion does not apply in the event of intent and gross negligence on the part of the provider with regard to the service provided. The provider shall be liable for slight negligence in the event of damage resulting from injury to the life, body and health of persons.
In all other respects, the following limited liability shall apply: In the event of slight negligence, the Provider shall be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the Customer may regularly rely. The liability for slight negligence is limited in amount to the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies to the benefit of the provider's vicarious agents.
Final provisions
The provider of the services is (registered with the Flensburg Local Court, commercial register number: HRB 12004 FL. The managing director authorised to represent the company is Mr Sebastian Schluricke.
These General Terms and Conditions and the legal relationship between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding German conflict of laws provisions. The applicability of mandatory standards of the state in which the customer has his habitual residence at the time of conclusion of the contract remains unaffected. These terms and conditions are based on the General Terms and Conditions and product descriptions written in German. The non-German language versions are translations of a third-party provider for which the provider assumes no liability.
The exclusive place of jurisdiction for all legal disputes arising from the contract is Flensburg, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. customer is a merchant, a legal entity under public law or a special fund under public law, or or if the customer has no place of jurisdiction in the Federal Republic of Germany.
Right of withdrawal
Withdrawal
You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform us (Aerotune GmbH, Kreuzkoppel 134a, 24943 Flensburg, Germany) of your decision to revoke this agreement by means of a clear statement (for example, a letter or e-mail).
You can use the enclosed sample revocation form, but this is not required.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we will pay back all your payments made to us, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for repayment fees.
If you have requested that the service be commenced during the period of revocation, you shall pay us a reasonable amount equal to the proportion of the services already provided to us by the exercise of the right of revocation with respect to this contracts comparison with the total scope of the services provided for in this contract.
– End of cancellation notice –
Model withdrawal form
(If you want to revoke your contract, please fill out this form and return it.)
Customer Service
You reach our customer service Mo – Fr 8:00 – 16:00
Aerotune GmbH, Kreuzkoppel 134a, 24943 Flensburg, Germany
T: +49 (0) 461 31545477
M: info@aerotune.com
Severability clause
The invalidity of any provision of these Terms and Conditions has no effect on the validity of the remaining provisions.
Generated terms and conditions with the help of the generator of the Deutschen Anwaltshotline AG and with the addition of an appointed lawyer.