Passion Climb Terms of Use

Welcome to Passion Climb! We want you to understand your rights and our rights with regard to the usage of the Passion Climb website (www.passion-climb.com) and the Passion Climb Apps. Therefore please carefully read these Terms of Use, which provide the legal framework. Here are some key points:

• You can only use our services if you are in good health.
• You can cancel your subscription or delete your account at any time.
• You remain the owner of your content, but you grant us a right of use.
• You are responsible for the content you post.

Terms of Use

1. Scope

1.1 Parties to the contract and subject matter of the contract

The following Terms of Use provide the legal framework for the user contract being formed between you and Thomas Obermüller, Passion Labs, Donnersbergerstraße 19, 80634 Munich, Germany (hereinafter referred to as “us”, “we” or “Passion Labs”).

The subject matter of the contract is the free or paid use of the services offered by us on the website www.passion-climb.com or the Passion Climb Apps (hereinafter referred to as “Passion Climb Service” or, collectively, as the “Passion Climb Services” or, generally, “Passion Climb”).

1.2 Terms and conditions for participating

It is prerequisite for opening a user account and using the Passion Climb services that you are 18 years of age and have full legal capacity.

Passion Climb is intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Use of Passion Climb for commercial purposes of any kind is expressly prohibited.

1.3 Additional terms and conditions

We reserve the right to impose additional terms and conditions for selected Passion Climb Services. We will point this out to you before use.

If you access the Passion Climb Services by using the Passion Climb App and have downloaded the Passion Climb App from a third party app store, the terms and conditions of the respective store provider apply additionally. In case of the Apple App Store, these are, for example, the “End User License Agreement for Licensed Applications” (to be found at https://www.apple.com/legal/internet-services/itunes/ww/), for Google Play you can find the Terms of Use, for example, at https://play.google.com/intl/de_de/about/play-terms.html. Please make sure to check the terms of use applicable to your country.

In the event of any conflict, these Terms of Use shall prevail.

3. Registration

To use the Passion Climb Services, you must first register. The registration is performed in one of our mobile apps. As part of the registration process, we will ask you to accept these Terms of Use and our Privacy Policy. After registration, for security reasons we will first send you an email, in which we ask you to verify your registration by clicking on a confirmation button. After clicking on the button, you will be redirected to our app, in which we finally confirm the registration. Only then is the registration process complete.

Alternatively, you can also log in with your Apple, Facebook or Google account. In this case, the registration process is complete once you have entered the account details of your respective account and confirmed the registration.

4. Conclusion of Contract

How the respective contract is formed depends on whether you sign up for additional fee-based services.

4.1 Registration via mobile apps

When registering via mobile apps, the formation of the user contract depends on the rules of the app store supplier (for example Apple, Google). The contract is generally formed when you click on the “Install” field in the relevant app store and, where necessary, enter your password in question. Please note that in order to use the Passion Climb Services it is still necessary to open a free of charge user account with us.

4.2 Conclusion of a contract for one-off additional services for a fee or for subscriptions

You can purchase individual additional services either by paying a one-off fee or as part of a subscription. The contract is formed when you click on the field “Buy now”, or a similar field, as part of an in-app purchase and, where necessary, enter your password for the app store in question.

4.3 Correction of input errors

Please contact the respective app store provider if you want to correct any input errors when purchasing a one-off additional service or a subscription via in-app purchase.

4.4 Contract modifications

When you change your subscription (e.g. in the form of an upgrade), the respective store provider (e.g. Apple) ends your existing subscription (hereafter “original subscription”) and your newly selected subscription (hereafter “updated subscription”) begins immediately and is active for the time period you selected. You will then have access to all features and content provided with your updated subscription. The contract for the updated subscription is concluded as described in above.

• If you have terminated your original subscription through Apple, Apple will provide you with a pro rata refund of the purchase price you already paid for the remainder of this subscription. You will receive your updated subscription at the price shown to you respectively, which is calculated in full by Apple.
• If you subscribed through the Google Play Store: When you choose to upgrade your Coach subscription, your original subscription ends immediately. Google Play Store will apply any unused value from your original subscription to your updated subscription. Once that credit is used up, Google Play Store will automatically renew your subscription at the price and payment interval you selected.

After this, your subscription will renew automatically according to the duration of the selected minimum term, until there is a cancellation on either your part or our part. With the automatic extension of the updated subscription, you will then be charged full price for the subscription.

5. Term of Validity

5.1 User contract

The user contract concluded between you and us once you register your account is valid for an indefinite period.

5.2 One-off additional services

One-off additional services may be offered for a fixed term. They will then end automatically at the end of the term without needing to be cancelled.

5.3 Subscriptions

Our subscriptions are offered with varying minimum terms of validity and are automatically renewed for the same minimum term that has been selected until you or we cancel them.

In order to avoid any misunderstanding, please note that the term of a subscription is determined by calendar and is independent from your use or extent of your use of the respective Passion Climb Service.

6. Cancellation

6.1 User contract

You have the right to cancel your user account at any time, without stating any reasons, thereby also ending your user contract. To do this you simply have to select the necessary settings in your profile. Please note that after you have cancelled your user account we will or may delete all the content and training results that you added, and you will no longer have access to content that you already purchased. If at the time of deleting your account you still have a current subscription or have booked an additional service that has not yet expired, any sum that you have already paid will not be refunded, not even on a pro rata basis.

We are entitled to cancel the user contract without stating any reasons by giving two (2) weeks written notice, but no earlier than at the end of the minimum contractual term or at the end of the respective renewal period of your subscription and/or at the end of the term of any additional service for which you have paid a one-off fee.

6.2 Subscription

Every subscription for a Passion Climb Service must be cancelled individually. You can cancel the respective subscription without stating any reasons at any time effective at the end of the minimum contractual term or at the end of the respective renewal period. You can cancel your subscription using the settings in the respective app store. If your subscription fee is collected via iTunes, contrary to the provisions above a notice period of 24 hours before the end of the minimum contractual term or before the end of the respective renewal period applies for technical reasons. Your user account and any other subscriptions will continue to exist after you have cancelled your subscription.

We are entitled to cancel your subscription with effect from the end of the minimum contractual term or with effect from the end of the respective renewal period by giving two (2) weeks written notice.

6.3 Cancellation for good cause

The right to cancel for good cause remains unaffected in the case of either party. In particular we are entitled to cancel your user contract or your subscription with immediate effect, and to cancel your user account, if you seriously or repeatedly breach the provisions of the user contract and/or these Terms of Use.

7. Liability for Defects

7.1 Statutory Provisions

Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.

7.2 Disclaimer of guarantees

We do not make any representations or guarantees that the use of the Passion Climb Services will bring the training- or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the Passion Climb Services.

8. Liability

8.1 General

Insofar as you are provided with guides or instructions in connection with the Passion Climb Services it is imperative that you follow them. Otherwise you risk being injured and your general health.

Insofar as you use equipment or training tools it is your responsibility to ensure that such equipment and tools are in good working condition and installed and/or set up properly.

You need to observe and respect our health disclaimer in Section 2.

8.2 Liability for services provided free of charge

For services provided free of charge, we will be liable, regardless of the legal basis, exclusively for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for wilful misconduct. In the event of gross negligence or the absence of a guaranteed feature our liability is limited to reasonable, foreseeable damage. Otherwise, our liability is excluded.

8.3 Liability for services provided for a fee

In the case of services provided for a fee we have, regardless of the legal basis, unlimited liability in principle for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature.

If we breach a material contractual obligation as a result of slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfil the purpose of the contract, and on the fulfilment of which you as the consumer can rely or ought to be able to rely.

Our liability in the event of any injury to life, limb or health that is our fault remains unaffected by the above-mentioned limitations.

Otherwise, our liability is excluded.

8.4 Liability of our employees

To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.

8.5 Product liability

Claims under the German Product Liability Act remain unaffected by the above-mentioned liability exclusions or limitations.

9. Usage rights

9.1 Passion Climb content

The services offered by Us in some cases include copyright protected or otherwise protected content to which We own the necessary rights. To the extent necessary for achieving the contractual purpose, We hereby license to you a non-exclusive, non-transferable right to use such protected content for non-commercial purposes in accordance with the terms of the contract. Note that you are prohibited from disseminating or making such content publicly available, e.g. on websites. Neither the Passion Climb App nor its content may be leased or otherwise transferred to any third parties by you.

Licensed rights will lapse if and when you no longer have access to the relevant service (e.g., after your subscription has been terminated) or when the user agreement has ended.

9.2 User generated content

The content you contribute (information, data, texts, software, sounds, photos, graphics, videos, messages, postings, tags and other materials) belongs to you.

You hereby license to us, throughout the world, in perpetuity and without limitation, non-exclusive rights to all protected content that is uploaded by you. We may sublicense these rights to third parties, and it includes, in particular, the right to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, display or create derivative works from the content without you being remunerated. In particular, you also grant the right to make the content you have contributed accessible to other users, provided this is done within the scope of the contract (e.g. to show other users your copyrighted messages or to adapt the training plans).

This license expires when you delete your content or account.

10. Responsibility for Content and Services

10.1 No responsibility for third-party content or services

The Passion Climb Services may include links to websites or apps of third-party providers. In some cases, content made available by third parties may be shown or the Passion Climb Services may enable you to use additional services of third parties. We strive to design our applications in such a way that this will be readily apparent to you. All content and/or services of third-party providers are subject to the applicable terms, conditions, and rules of such third-party providers. We hereby expressly disclaim any responsibility or liability for content or services of third parties. You are personally responsible for making sure that you do not violate the terms and conditions of such third-party providers.

10.2 No responsibility for user-generated content

You are personally responsible for all content you upload using the Passion Climb Services. We do not endorse or review such content.

10.3 Responsibility of the user for violations of law

When supplying your own content, you must comply with all applicable laws and other regulations that are applicable in the country in which you are using the Passion Climb Services. Whether or not prohibited by criminal law, you are generally prohibited from making available content of a pornographic, sexual, violent, racist, inflammatory, discriminatory, offensive and/or defamatory nature.

In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights). In particular you must also hold the necessary rights over your profile picture or any other picture you post.

We may at any time remove and erase any content that is unlawful or violates the aforementioned principles. If you violate the aforementioned principles, We also have the right to send you a warning that We will suspend your user account or terminate the user agreement for good cause in its entirety in accordance with Section 6.3.

10.4 Indemnity

In the event that you have wrongfully (negligently or intentionally) violated any of the principles in Section 10.3, you are obliged to indemnify us against any third-party claims arising from such infringement. This indemnity also includes the costs of a suitable defense. You are obligated to provide assistance in clarifying the disputed situation. We reserve the right to assert claims for damages and other claims.

11. Data Privacy

We will process your personal data in compliance with our Privacy Policy. You will find the most recent version of our Privacy Policy at www.passion-climb.com/privacy. The Privacy Policy regulates and discloses, in particular, to what extent your personal data will be viewable by other users and what options you have to control transfers of your personal data. In addition, We will inform you in detail how and where We process or cause third parties to process your personal data. By entering into the user agreement with Us you expressly consent to the foregoing provisions. Your legal rights of revocation remain unaffected.

12. Changes to the Terms of Use

We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the bottom of this page) on the Passion Climb Website and/or through the Passion Climb App. Modifications will be effective on the date that they are posted to the Passion Climb Website. It’s important that you review the Terms whenever we update them before you use the Passion Climb Service. If you continue to use the Passion Climb Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms.

If you don’t agree to be bound by the updated Terms, then, you may not use the Passion Climb Service anymore. Because the Passion Climb Service is evolving over time we may change or discontinue all or any part of the Passion Climb Service, at any time and without notice, at our sole discretion.

14. Option to save and review the contract

You can view and print these Terms of Use anytime at www.passion-climb.com/terms.

You can review any further contractual information and data in your user account. Alternatively, you may also print or store the order confirmation which you will receive after making a purchase.

13. Final Provisions

13.1 Language of the contract

The official contract language is English.

13.2 Severability clause

Should any individual provisions of these Terms of Use be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.

13.3 Applicable law

The relationship between the parties is governed exclusively by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.

13.4 Place of jurisdiction

If you do not have a place of general jurisdiction in Germany or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these Terms of Use have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.

15. Information about the Supplier

Thomas Obermüller
Passion Labs
Donnersbergerstraße 19
80634 Munich
Germany

Email: contact@passion-climb.com
VAT-ID: DE332700220

16. European Dispute Resolution

The EU Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at ec.europa.eu/consumers/odr.

We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

Last revised: August 2021