1 INTRODUCTION

1.1 Who we are

Felix Raab Alexander Kasper Julian Rothenbacher Manuel Frietsch GbR, Kriegsstraße 288, 76135 Karlsruhe, Germany (“firstmove”) operates an interactive online platform (“Platform”) and mobile Apps (“Apps” and together with the Platform, the “firstmove Products”) aiming to empower athletes to gain feedback about complex movements in sports to become more conscious about their body. Furthermore, we’re striving to link athlete’s training load to his/her performance development. firsmove offers an iOS, and Watch OS App in conjunction with the services on the platform.

1.2 Registration

In order to be able to use the complete spectrum of firstmove Products, a one-time registration is required.

1.3 Our Goal

firstmove creates a fully improved strength training experience based on your body’s needs powered by Apple Watch.

1.4 Disclaimer

The use of the contents of the firstmove products is at your own risk and personal responsibility. I hereby expressly waive all claims, of whatever nature, arising from damage, injury or consequential damage in connection with my use of the firstmove products. Liability on the part of firstmove is also excluded for damage to property. I declare that I am in good health. I have taken out an insurance policy with a doctor regarding my state of health. If I have waived this, I do so at my own risk. In the event of an accident or damage, firstmove accepts no liability for health risks, including those of which I am currently unaware. firstmove does not replace my doctor or professional trainer, nor is firstmove responsible for my sporting behaviour. The content of the firstmove products, whether provided by firstmove, its partners or users, is not intended to supplement, let alone replace, the information provided by doctors or pharmacies or professional trainers. I have fully informed myself of the contents of this disclaimer by reading it and accept the same by my use of the firstmove Products.

2 VALIDITY OF THE T&C

2.1 Validity

firstmove offers the firstmove Products on the basis of these T&C. The user consents to the validity of these T&C and any agreements incorporated therein by reference either by (i) using the firstmove Products, in case they are available without registration, or by (ii) registration, in case they require an account. These T&C shall be valid until cancelled in the currently valid version of April 6th, 2021.

2.2 Prerequisite

Neither the registration nor the use of the complete spectrum of firstmove Products shall be possible without consent to these T&C.

2.3 Extent

These T&C shall apply to all points of access, including (sub-) domains and mobile applications, for firstmove Products. In particular, the firstmove online offering will be accessible via www.firstmove.fit.

3 SUBJECT OF THE AGREEMENT

Currently, firstmove essentially offers its users the following features and information in one language: English

3.1 Platform

3.1.1 Personal profile page, including personal details;

3.1.2 News regarding firstmove in short form;

3.1.3 Fitness Apps;

3.1.4. Content, e.g. texts, pictures, regarding sports, that is represented by firstmove;

3.1.5 Other content, such as

• Support for users;
• Privacy Policy and these T&C;
• Legal Information

3.2. Apps

3.2.1. Applications for Apple iPhones and Apple Watches on a global scale, that can be used both isolated on the smartphone/smartwatch as well as in connection with the Platform.

3.2.2. Subject to the user’s consent, relevant data is remitted from the smartphone to the Platform and shared with other social networks (e.g. Facebook), respectively. Please see our Privacy Policy for more information.

3.2.3. The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the Platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.

3.2.4 The mobile applications are only available to users of smartphones and smartwatches. Only the basic functionality of the mobile applications is available for free.

3.2.5 Additional terms and conditions on the part of the mobile phone providers apply.

4 REGISTRATION

4.1 Free Membership

The firstmove Products require a one-time, free registration. The minimum age for registration is determined by country. The “Free Membership” makes only basic options and features in the Apps available to users (“Free Features”). firstmove offers users one way of registering:

4.1.1 Via one of the Apps: For purposes of registration, the user shall provide the details requested by the registration form, e.g. email address.

4.2 Minors

Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with firstmove.

4.3 Consequences of Registration

4.3.1 By registering, the user confirms his/her knowledge and the unlimited recognition of the content of these T&C as well as that all registration data is true, accurate, current, and complete, and he/she will keep all registration information up to date.

4.3.2 Each user shall register with firstmove once only, and confirms with his/her registration that he/she has not registered an account with firstmove before and has not deleted a previously activated user account.

4.3.3 Following successful registration, the user (then the “Registered User”) can log on to the Platform by entering his/her email address and the chosen password.

4.4 Rights of firstmove

4.4.1 firstmove reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.

4.4.2 If you provide any information that is untrue, inaccurate, not current or incomplete, or firstmove has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, firstmove has the right to suspend or terminate your account immediately and without prior notice and to refuse any and all current or future use of the Premium Services (or any portion thereof), without the Registered User being entitled to a refund of any previously paid amount.

4.4.3 In any event, firstmove reserves the right to contact you at any time to verify your registration data.

4.5 User Identity

firstmove is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extend. Each user shall himself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.

5 GENERAL TERMS AND CONDITIONS FOR ALL USERS

5.1 Fraud Protection

5.1.1 You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at [email protected].

5.1.2 firstmove will not refund any amounts paid by you to firstmove before you report an unauthorized or fraudulent use of your account.

5.1.3 firstmove has the right to close or cancel the account of any Registered User in the event of any unauthorized or fraudulent use of the account.

5.2 Promotions and Free Offers

firstmove may run promotions and free offers, which may be subject to additional terms and restrictions. These promotions and offers may not be transferred between users.

5.3 Changes to the Apps

firstmove reserves the right to change options or features in the Apps. In most cases fistmove makes changes to the Apps to enhance or improve them. Insofar as the changes will not have a material adverse effect on your use of the App, firstmove will not refund previously paid amounts, unless otherwise provided for in Section 8.

6 DISCONTINUATION

6.1 Discontinuation of Apps

firstmove reserves the right to discontinue one or more Apps. All users shall be given notice of the discontinuation of the App. Please note that during this period the two following limitations apply:

1. It may not be possible to download the App on another device.

2. firstmove will not update the App during this period. This means that if the operating system of your device is updated or if other relevant third party technical services change during this period, it may not be possible to use the App any longer. firstmove assumes no liability for this.

6.2 Notice

fistmove may give notice as mentioned under Section 6.1 by informing you either by email or through communication within the firstmove Products.

7 TERMINATION

7.1 General

Each user shall have the right to terminate the use of firstmove Products at any time via his/her account settings. Such termination shall be confirmed to the user.

7.2 firstmove’ Termination Right

Additionally, firstmove reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user’s obligations as set forth in these T&C and ancillary agreements.

7.3 Further Information

Please see our Privacy Policy for further information on the deletion of your account.

8 SPECIAL CANCELLATION RIGHT FOR CONSUMERS

8.1 Application of Consumer Laws

If you are a Registered User, using the firstmove Products for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer.

8.2 Right to Withdrawal from Contract

You may cancel your agreement with firstmove in writing, e.g., by letter or email, within 14 days of the date on which the agreement was entered into without stating any reasons. You can cancel the agreement by sending your notification to:

Felix Raab Alexander Kasper Julian Rothenbacher Manuel Frietsch GbR
Kriegsstraße 288
76135 Karlsruhe Germany
Email: [email protected]  

8.3 Consequences of Cancellation

In the event of cancellation, any benefits received by one party from the other must be returned, and any economic advantages gained must be repaid. If you are not able to return the services rendered to firstmove in full or in part, you are obligated to reimburse firstmove for the value lost – in relation to the time of use of the rendered services. This may mean that you are required to fulfill your payment obligations proportionally until cancellation has become effective. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we receive it. Cancellation Form. The exercise of your cancellation right pursuant to this section 8 may occur via the following cancellation form: (If you wish to cancel the agreement, please fill in and return the form below.)

To Felix Raab Alexander Kasper Julian Rothenbacher Manuel Frietsch GbR,
Kriegsstraße 288,
76135 Karlsruhe, Germany,
Email: [email protected] 

I/We (\*) hereby give notice that I/We (\*) withdraw from my/our (\*) contract if sale of the following goods (\*)/for the provision of the following service (\*). 
Ordered on (\*)/received on (\*), 
> Name of consumer(s), 
> Address of consumer(s), 
> Email address of consumer(s) which is used to login to firstmove Products, 
> Signature of consumer(s) (only if this form is notified on paper), Date 
> (\*) Delete as appropriate 

9 USER OBLIGATIONS AND CONDUCT

9.1 User Obligations

Each user of the firstmove Products must

9.1.1 truthfully provide, and keep current and complete, his/her registration details, and must not pass on such details to third parties;

9.1.2 only save, publish, transmit and distribute such content, e.g. photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive rights to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to firstmove that all required rights, licenses, permits etc. have been avidly obtained. This shall also apply to content subject to intellectual property rights, such as trademarks. The user shall be exclusively responsible for such content;

9.1.3 not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;

9.1.4 not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;

9.1.5 not carry out any disrupting interferences in the firstmove network, including the firstmove Products, by the use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding firstmove’s software;

9.1.6 not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;

9.1.7 provide prompt notice via email to [email protected] of any detached breaches of the aforementioned obligations.

9.1.8 diligently care for the personal details and only allow such persons access to their own details that are close to the user; and

9.1.9 regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. firstmove shall not be responsible for any lost or impaired details.

10 BREACH OF USER OBLIGATIONS

10.1 Sanctions

In order to ensure the proper and reliable provision of firstmove Products, firstmove imposes the following sanctions upon breach obligations by a user:

• warning
• deletion of content
• temporary deactivation of user account; and
• cancellation (irrevocable deactivation)

The type of sanction shall depend on the purpose, impact and type of breach in light of firstmove’s and the users interests.

10.2 Cancellation

In the event a user account shall be cancelled in accordance with this Section 10, the respective user shall not be permitted to register again.

11 CONTENT

11.1 General

firstmove permits its Registered Users to use the offered portfolio of firstmove Products in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with other users.

11.2 Tracking

The user consents that, as a result of automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and /or marketing messages tailored to such user. Please see our Privacy Policy concerning tracking for marketing purposes.

11.3 Disclosure

firstmove shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible any reasonably necessary, in order to

11.3.1 comply with statutory law, or court, or administrative order;

11.3.2 ensure compliance with the T&C;

11.3.3 react to claims of breaches of law raised by third parties; or

11.3.4 safeguard the rights, property or personal safety of firstmove, its users and the general public.

11.4 Use of Content

The user grants firstmove the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such a user. Accordingly, firstmove shall have the right to use, irrespective of the type of usage, all content both as part of firstmove or any company affiliated with firstmove. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that firstmove uses content created by a user outside the firstmove Products, firstmove shall note that such content was created by the user.

11.5 Ownership

firstmove does not claim ownership of any content created by users and will not supervise such content.

11.6 Deletion

firstmove reserves the right to delete content created by users, such as routes, phones, events or comments without giving reasons. In this event, the user of these T&C, may be sanctioned in accordance with Section 11.

11.7 Inaccurate Content

firstmove shall not be responsible for inaccurate content created by users, e.g., details regarding exercise execution and improvement etc.

12 PRIVACY POLICY

Please see the separate Privacy Policy available on https://onerepahead.gitlab.io/privacy-policy/ that is an integral part of this agreement.

13 REPRESENTATIONS AND WARRANTIES

13.1 Limitation

firstmove does not claim or warrant that

13.1.1 the firstmove Products will be available at all times, or that the software will be completely free from errors; and

13.1.2 the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.

13.2 Own Risk

The user uses firstmove Products exclusively at his/her own risk. This applies, without limitation, to

13.2.1 the related use of any hardware, including, but not limited to, the respective smartwatch, e.g., in the course of using the feature “movement recording”, by using kettlebells which might fall on the smartwatches’ screen;

13.2.2 downloading of the user’s own and third party content; and

13.2.3 any use by the user of data created or provided by firstmove, including, but not limited to (i) acceleration, gyroscope, and heartrate, or (iii) recommendation for actions, e.g., performance, exertion, an increase of repetitions or weight used etc. The user explicitly acknowledges that any such data or content may contain errors, and firstmove does not, to the extent permitted by law, assume any responsibility for the correctness of such data.

13.3 Medical Advice

The use of any software offered by firstmove is no substitute for the consultation by the user of a specialized doctor.

13.4 External Content

Additionally, firstmove does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangement entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. firstmove does not make any representations or warranties with respect to products or services of this 3rd party provider.

14 LIMITATION OF LIABILITY

14.1 General

firstmove shall be liable as currently provided by law, regardless of the statutory basis of such liability (pre-contractual, contractual, tort) only if firstmove has caused a certain damage wilfully or with gross negligence. In the event of slight negligence, firstmove shall not be liable to other businesses and shall be liable to consumers only for personal damage. firstmove shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.

14.2 Content

Unless required by statutory law, neither firstmove nor any of its businesses affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the firstmove Products. This also applies to damages resulting from errors, problems, viruses, or loss of data.

14.3 Downloads

firstmove assumes no liability for downloaded material or material obtained as a consequence of using firstmove Products. The Registered User is solely responsible for any deranges caused by such materials to his computer or smartphone system or for information that is lost as a consequence of downloading materials from any of the firstmove Products.

14.4 Conflicts

The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that firstmove will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.

15 INDEMNIFICATION BY USERS

15.1 Indemnification

The user shall indemnify firstmove for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to or any of the firstmove Products by such user or as a result of any other usage by such user of applications available from firstmove. The user shall bear the costs of only legal proceedings, in which firstmove may be in involved in connection with such claims, including all court costs and attorneys fees to the extent permitted by law, unless the user was not at fault in causing such infringement.

15.2 Support

In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to firstmove all information available to such claim and defend against it. Any additional claims for damages that firstmove may be entitled to bring again the user shall not be affected.

16 CHANGES TO THE T&C

16.1 General

firstmove reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then-current version of these T&C is available for viewing on the platform as well as in the apps.

16.2 Changes

In case of minor changes to these T&C (if, for example, there is a change in the law that means we need to change these T&C), we may simply make the new T&C available for viewing on the platform and in the apps. Please check these T&C regularly to ensure that you understand the up-to-date terms. For any significant changes to these T&C that will either obtain your specific consent to the change through communication in the firstmove Products, or firstmove will inform you of any changes at least two weeks prior to the effective date of the changes via email to the address provided during Registration (“Amendment Information”). From receiving the Amendment Information, you will have an objection period of two weeks. The Amendment Information will entail (i) the updated T&C, (ii) the effective date of the changes, (iii) a two-week objection period, (iv) information on the consequences of omitting an objection. If you do not object to the changes, the updated T&C will be deemed accepted. In the event that you object to the changes, firstmove is entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current T&C is not possible or unreasonable for firstmove.

16.3 Written Form

Subject to Sections 16.1 to 16.2, any changes to these T&C must be made in writing. No ancillary oral agreements exist.

17 MISCELLANEOUS

17.1 Severability Cause

In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.

17.2 Governing Law and Jurisdiction

17.2.1 These T&C and all contractual relations and litigation between the user and firstmove, shall be governed by German law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.

17.2.2 Place of delivery and exclusive court of jurisdiction shall be Mannheim, Germany.