Terms of Use for the ROOQ App

Current at 08/2020

1. Scope of application
1.1. The ROOQ app offers training diagnostics for boxing and supports the transmission of data to one or more trainers. The ROOQ app is a service supplied by ROOQ GmbH, Im Erdbeerfeld 20, 52078 Aachen, Germany (hereinafter referred to as “ROOQ”).
1.2. The following Terms of Use apply exclusively to the contractual relationship between ROOQ and the user regarding the use of the ROOQ app.
2. Registration, conditions of use
2.1. To use the ROOQ app, the user must register and open a user account. During registration, the user must provide an e-mail address, certain personal data (e.g. name, date of birth, gender) and certain athlete-specific data. The double opt-in procedure is used for the registration process. After clicking on the “Register” button, the user will receive an e-mail with a confirmation link sent to the e-mail address that the user entered. The registration process is completed once the user has clicked on the confirmation link.
Alternatively, the user can register via a Facebook, Google or Apple account. In this case, registration is completed when the user has entered the account data of the user’s corresponding account and then clicked on the “Confirm” field.
2.2. The ROOQ app is only fully usable together with the ROOQ sensors that are inserted into the Straps. You will find further information regarding these sensors and the ROOQ Box https://rooq.de/boxing-zone/ .Without these sensors, certain features of the app cannot be used. After registering (see section 2.1), the user will be prompted to connect the sensors to the app. The connection is made via Bluetooth. The sensors used are then assigned to the app on the corresponding smartphone. Thereafter, it will not be possible to use the sensors with any other smartphone (exception: reset, see section 7).
2.3. The user must have either full legal capacity to enter into legal transactions or the consent of the user’s legal guardian.
2.4. The user must have access to a smartphone that supports Bluetooth (BLE) and has an Internet connection.
3. Contract conclusion, correction of input errors, contract language
3.1 The conclusion of a license depends on the rules of the respective store provider (e.g. Google, Apple). As a rule, the license is concluded by clicking on the Install-Button in the respective store and, if necessary, entering a password. It is necessary to open a free user account pursuant to section 2.2 in order to use the app regardless of the conclusion of a license.
3.2 Individual additional paid services can be purchased inside the app. In the case of an in-app purchase, the relevant license is concluded when the user clicks on the “Buy Now” field or a comparable field and, if necessary, enters the user’s password for the respective app store.
3.3 Since the user purchases the service through the user’s account with the user’s App Store provider, no further billing or payment information is requested from the user in the case of in-app purchases. It is therefore no longer possible to correct input errors after clicking “Buy Now” or a comparable field. In specific cases, the user will be asked to contact the user’s App Store provider to correct any input errors.
3.4 The German version of this document is authoritative.
4. Creation of an athlete-coach relationship (ACR)
4.1 The ROOQ app can be used to create an athlete-coach relationship (ACR). For this purpose, the user and the desired trainer must both explicitly consent to the disclosure of their data. If both grant their consent, selected training data of the user may be transmitted to the trainer. No data are transmitted automatically. Unless the user has consented to the disclosure of the user’s data, no ACR will be created and no data will be transferred to a trainer who has requested data.
4.2 All transmissions of data are encrypted.
4.3 By making the appropriate settings in the user’s app profile, the user may terminate an existing ACR at any time without providing reasons.
5. Prices, terms of payment, means of payment
5.1 The prices for any in-app purchases are shown with the respective offer. The prices shown are retail prices and include the statutory value-added tax.
5.2 Unless expressly stated otherwise, the prices for the in-app purchases are due for payment upon conclusion of the contract.
5.3 In-app purchases are billed by the user’s App Store provider.
6. Term and termination
6.1 The license concluded at the time of registration will remain in force for an indefinite period of time.
6.2 Contracts for one-off additional services in the form of in-app purchases are concluded for the specified period.
6.3 The user may delete their user account at any time without providing reasons and thus terminate the license. Upon deletion of the user account, all content and training services created by the user will be deleted and the user will cease to be able to access any additional services that may have been purchased. If payment for an additional service has already been made at the time of termination, such amount will be refunded neither in full nor in part.
6.4 ROOQ is entitled to terminate the license without providing reasons by giving 2 weeks’ notice in text form (i.e. letter, fax or e-mail), but at the earliest at the end of the term of the additional paid services.
6.5 The right of ROOQ and of the User to terminate for cause remains unaffected. ROOQ may terminate the license and the contract for the additional paid services with immediate effect, in particular if the user committed serious and repeated breaches of these Terms of Use or is still in default with payment obligations despite having been sent two reminders.
7. Reset
7.1 If the user replaces the smartphone to which the ROOQ sensors have been assigned (see section 2.2), the user may reset their sensors in the app’s settings. This process completely resets the sensors, which means that all data on the sensors are deleted, including the connection to the smartphone and the user’s account. Any data that have not yet been transferred to the smartphone will therefore be lost. The user may then use the app with the sensors on a new smartphone after the appropriate connection has been made in accordance with section 2.2.
7.2 To decouple the devices in accordance with section 7.1, the user requires both sensors, the previous smartphone (if still available), Internet and a Bluetooth connection.
7.3 If the smartphone is lost, the user may log into a new smartphone via the user’s account, reset the sensors and connect them to the new smartphone. The provisions in section 7.1 apply.
7.4 In addition, the sensors may be paired with another smartphone if there has been no connection between the sensors and the smartphone with which they were originally paired for a period of 14 days.
8. Duties and obligations of the user, prohibited conduct
8.1 Only one account may be registered per person at any one time.
8.2 The user must keep their access data secret and not disclose same to any third party.
8.3 The user must provide the hardware and software as well as a Bluetooth connection and a broadband internet connection for the use of the app at their own expense.
8.4 Any use of the ROOQ app is at the user’s own risk.
8.5 The user may only use the ROOQ services for their own private, non-commercial purposes. The use of the app for commercial or business purposes is prohibited.
8.6 The user must observe ROOQ’s current legal copyright and all other rights to the content of its services. The user is only granted a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual relationship. The user may not reproduce, distribute or make this content publicly accessible or remove technical protection measures or copyright notices unless this is expressly permitted.
8.7 Users are solely responsible for content that they upload or share themselves. It is illegal for users to advertise products or similar via their user account. Furthermore, users must observe all applicable laws and other legal provisions when providing their own content. In general, users are prohibited from providing content that incites hatred or is violent, racist, discriminatory, pornographic, inappropriate for minors, insulting and/or defamatory. The user undertakes not to violate the rights of third parties, in particular rights of personality as well as intellectual and industrial property rights (e.g. copyrights, trademark rights). Users must in particular also be the owners of the necessary rights to their profile picture. Content that violates these terms may be deleted or blocked by ROOQ at any time without prior notice.
8.8 Should ROOQ be held liable by third parties due to a breach of section 8.7 by the user, the user will be obliged to indemnify ROOQ against all liability on first demand. ROOQ expressly reserves the right to assert further claims.
9. Instructions on cancellation
If the user has, as a consumer, entered into a contract for paid services with ROOQ, the user will be entitled to cancel the contract pursuant to the following conditions. A consumer is any natural person who enters into a legal transaction for purposes that are outside their trade or their professional activities as an independent contractor.
Right to cancel:
You have the right to cancel this contract within fourteen days without providing reasons. The cancellation period will expire after 14 days from the day of conclusion of the contract.
To exercise your right to cancel, you must inform us (ROOQ GmbH, Im Erdbeerfeld 20, 52078 Aachen, Tel: +49 (0) 241 41252000, Fax: +49 (0) 241 41252099, E-mail: team@rooq.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To exercise your right of cancellation within the cancellation period, it is sufficient for you, before that period has expired, to send a notice concerning your exercise of the right of cancellation.
Effects of cancellation:
If you cancel this contract, we will reimburse all of your payments, including the costs of delivery up to the amount of the standard delivery charge. Our standard type of delivery is chosen to be the most economical. If you choose a different type of delivery, you will bear any additional charges or costs. Reimbursement will be without undue delay and in any event no later than 14 days from the day on which we receive notice of your cancellation of this contract. Unless we have expressly agreed otherwise with you, we will carry out reimbursement using the same means of payment as you used for the initial transaction. Subject to the above terms, we will not impose any fee for such reimbursement.
If you requested that we should begin to supply services during the 14-day cancellation period, you will pay us that part of the agreed fee which is proportionate to those of the envisaged services which have actually been performed up to receipt of your cancellation.
Note – Exclusion of the right of cancellation:
In the case of a contract for the supply of services, your right to cancel will also extinguish where we have supplied the service in full and if we first began to supply the services after your express agreement thereto and acknowledgment that you will lose your cancellation right upon complete performance of the contract.
In the case of a contract for the supply of digital content that is not on a tangible medium, your right to cancel will extinguish if we begin to perform the contract after your express agreement thereto and acknowledgment that you will lose your cancellation right upon commencement of performance of the contract.
Model Cancellation Form
If you would like to cancel this contract, please complete this form and return it to us.

To ROOQ GmbH
Im Erdbeerfeld 20
52078 Aachen
team@rooq.de

I/We (*) hereby give notice that I/we (*) cancel my/our contract of sale of the following goods (*) / for the supply of the following services (*),

____________________________________
Ordered on [*] / received on [*] __________________________________
Name of consumer(s) __________________________________
Address of consumer(s): __________________________________
_____________________________________
Signature of the consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
10. Warranty and Liability
10.1. The statutory provisions apply to claims based on defective performance. ROOQ’s liability is limited to the supply of the contractually agreed services. ROOQ is not liable for a specific result (training result or similar) and it expressly makes no guarantees or warranties in this respect.
10.2. ROOQ is not responsible for any failure of the Internet or Bluetooth connection from the user’s cell phone.
10.3. In the case of gratuitous services, ROOQ will only be liable – regardless of the legal reason – to the extent that it is guilty of intentional wrongdoing or gross negligence or causes injury to life, limb or health. In all other cases, liability on the part of ROOQ is excluded.
10.4. In the case of paid services ROOQ will only be liable, regardless of the legal reason, to the extent that it is guilty of intentional wrongdoing or gross negligence or causes injury to life, limb or health. Its liability will be limited to the intentional or negligent breach of material contractual obligations (i.e. those which the contract, in view of its purpose and content, seeks to impose on ROOQ and whose fulfillment is of the very essence for the proper implementation of the contract and, upon whose fulfillment, the user regularly relies and may rely). Liability for damages for breach of a material contractual obligation will, however, be limited to the usual damage foreseeable in connection with contracts of this kind except in the cases mentioned in sentence 1. The above provision does not reverse the burden of proof in a way which would be detrimental to the user’s interests.
10.5. To the extent to which ROOQ’s liability for damages is excluded or limited, this also applies in respect of any personal liability on the part of its employees, workers, staff, representatives and vicarious agents for damages.
10.6. Claims arising under the Product Liability Act remain unaffected by the above exclusions and limitations of liability.
11. Data Protection
ROOQ processes the personal data of users in accordance with its privacy policy, which can be found at https://rooq.de/privacy-policy/.
Users are free to determine who may view their information (training data, etc.) (see section 4). The user may terminate the athlete-coach relationship (ACR) at any time without providing reasons (see section 4.2).
12. Online dispute resolution and information pursuant to § 36 of the Act on Alternative Dispute Resolution in Consumer Matters (Gesetz über die alternative Streitbeilegung in Verbrauchersachen – VSBG)
12.1 The EU Commission provides a platform for out-of-court dispute resolution for consumers at https://ec.europa.eu/consumers/oder/
12.2 ROOQ is neither willing nor obliged to participate in dispute resolution procedures before a consumer arbitration board.
13. Applicable law
This relationship between the parties will be governed by German law to the exclusion of the U.N. Convention on Contracts for the International Sale of Goods. In business transactions with consumers within the European Union, the law at the consumer’s place of residence may also apply if mandatory consumer law provisions are involved.
14. Storage option and viewing of the content of the contract
These Terms of Use can also be viewed at https://rooq.de/terms-conditions/ and may be downloaded or printed free of charge.
Users can view any additional contract information in their user account.
15. Supplier information
ROOQ GmbH
Im Erdbeerfeld 20
52078 Aachen

E-mail: team@rooq.de
Director: Ralf Rüttgers
Registered at the Aachen Local Court : HRB 22069
VAT identification number: DE318939423