Terms and Conditions

5.1 Free Registration

For the Solo plan, the user agreement is concluded upon successful registration and activation of the user account.

5.2 Paid Order

The display of paid plans does not yet constitute a binding contractual offer.

Before the conclusion of a paid subscription, the customer receives a summary of the essential contract information. This includes in particular:

• the selected plan;
• the included features;
• the monthly price;
• for team plans, the number of activated user seats;
• for team plans, the monthly total price;
• the applicable VAT;
• the monthly automatic renewal;
• the available cancellation options; and
• the payment method used.

5.3 Order with Payment Obligation

The customer submits a binding offer to conclude a paid subscription by pressing the final payment button.

For consumers, this button is labelled with “order with obligation to pay” or an equivalent legally sufficient wording that clearly indicates the payment obligation.

5.4 Acceptance

The contract for a paid subscription is concluded as soon as payment has been successfully confirmed and paid access is activated.

The customer receives an electronic confirmation.

6.1 Payment Service Provider

Payment processing is carried out through Stripe.

The customer provides the payment information required for payment processing through the payment interface supplied by Stripe.

6.2 Recurring Payments

The customer authorizes Herak Sports to collect the monthly amounts due through the selected payment method.

For team plans, the amount collected depends on the number of activated user seats.

6.3 Invoices and Payment Receipts

Invoices and payment receipts are provided or transmitted electronically to the customer.

6.4 Failed Payments

If a payment fails, the customer may be requested to update payment information.

If payment default continues, paid features may be temporarily suspended after prior notice. Mandatory statutory rights remain unaffected.

7.1 Price Calculation

The monthly cost of a team plan is calculated as follows:

Price per activated user seat and month × number of activated user seats

Example: If five activated user seats are booked under the Team plan, the monthly total price is:

5 × EUR 3.99 = EUR 19.95 including VAT

7.2 Activated User Seat

A user seat becomes billable as soon as an invited team member has accepted the invitation and receives access to the team features.

An invitation that has not yet been accepted is not billable.

7.3 Organization Owner and Administrators

The organization owner counts as a billable user seat if they have access to the application or team features.

This also applies to administrators and coaches to the extent they receive access to team-plan functions.

7.4 Adding User Seats

A team administrator may add further user seats.

Before paid activation, at least the following information is shown:

• number of additionally activated user seats;
• price per user seat;
• prorated amount for the remaining part of the current billing period;
• new monthly total price from the next billing period onward; and
• time of paid activation.

An additional user seat becomes billable only after the team administrator has expressly confirmed the activation.

7.5 Pro-Rated Billing of Additional User Seats

If a user seat is added during an ongoing billing period, the price for the remaining period is charged on a prorated basis.

From the next monthly renewal onward, the full monthly price is charged.

7.6 Removing Users and Active Refund

A team administrator may remove a team member’s access at any time.

The removal takes effect immediately.

For the unused part of the already paid current billing period, the customer receives a prorated refund.

The refund is actively processed through the payment method originally used.

From the next monthly renewal onward, the removed user seat is no longer charged.

8.1 Monthly Subscription

Paid subscriptions are concluded for an indefinite term and billed monthly in advance.

There is no minimum contract term beyond the month already paid for.

8.2 Automatic Renewal

The subscription renews automatically for another month unless it is cancelled before the beginning of the next billing period.

8.3 Cancellation

The customer may cancel the subscription at any time with effect at the end of the current billing period.

Cancellation takes place in the application under:

Settings → Billing → Open Billing Portal → Cancel Subscription

For this purpose, the customer is redirected to the Stripe customer portal.

Cancellation may also be declared by email to support@herak-sports.com.

8.4 Access until the End of the Billing Period

After ordinary cancellation, access remains available until the end of the billing period already paid for.

After that, no further monthly subscription fees are charged.

8.5 Difference between Cancellation and Revoke

Ordinary cancellation ends future renewals.

It is not the same as a consumer’s statutory right of revoke.

9.1 Revoke Period

Consumers may withdraw from an online paid contract within 14 days without giving reasons.

The revoke period begins on the day the contract is concluded.

9.2 Exercise of the Right of Revoke

To exercise the right of revoke, the consumer must inform Herak Sports by a clear statement of the decision to withdraw.

Revoke may be declared:

• via the online revoke function at /revoke;
• by email to support@herak-sports.com;
• by post to Lukas Kien, Einfangweg 49, 6370 Kitzbühel, Austria; or
• by using the model revoke form.

Use of the model revoke form is not mandatory.

9.3 Immediate Start of Performance

If a consumer wishes Herak Sports to begin providing the service before expiry of the 14-day revoke period, the consumer must expressly request this before completing the order.

If the consumer then withdraws within the revoke period, an appropriate proportionate amount may be charged for services already provided, where legally permitted.

9.4 Mandatory Consumer Rights

Mandatory statutory rights of the consumer are not restricted by these Terms.

10.1 Organizations and Groups

A team plan allows the creation of an organization and the management of groups.

The customer may appoint administrators and coaches.

10.2 Access Rights of Administrators

Administrators may access the data of all members of the organization made available in the organization and group dashboards.

This may in particular include:

• name;
• email address;
• membership status;
• assigned training plans;
• completed workouts;
• training progress;
• personal and group-related statistics;
• training videos;
• synchronized activity data from Strava; and
• other training data displayed in the application.

10.3 Access Rights of Coaches

Coaches may access the data of the members of their assigned groups made available in the group dashboards.

This may also include synchronized activity data from Strava.

10.4 Ordinary Team Members

Ordinary team members cannot view the data of other team members.

10.5 Transparency

Before joining an organization or group, the user is shown which data may be visible to administrators and responsible coaches.

Acceptance of these Terms does not replace any separate data protection consent or authorization that may be required.

10.6 Business Customers

To the extent a business customer determines the purposes and means of processing the personal data of its team members, that business customer is responsible for the lawfulness of this processing.

Where required, Herak Sports and the business customer conclude a separate data processing agreement.

11.1 Voluntary Connection

Users may voluntarily connect their Strava account with Herak Sports.

Herak Sports can also be used without a Strava connection.

11.2 Imported Activity Data

After authorization, the following Strava data in particular may be processed and displayed in Herak Sports:

• activities;
• distance;
• duration;
• speed or pace;
• elevation gain;
• GPS routes and location data;
• heart rate data;
• performance data;
• cadence; and
• other activity-related data, insofar as they are made available through the released interfaces.

Profile information is not intentionally imported.

11.3 Group Dashboards

If the user is a member of an organization or group, synchronized activity data may be displayed in the corresponding dashboards.

Administrators may access synchronized activity data of organization members.

Coaches may access synchronized activity data of the members of their assigned groups.

11.4 Disconnecting the Connection

Users may disconnect the Strava connection at any time in the application under:

Account → Strava Connection → Disconnect

Already synchronized workouts get removed, but the workouts remain in the history.

Users can delete their workouts themselves within the application.

11.5 Third Parties

Strava is an independent third party.

Herak Sports is not a service developed, operated, or sponsored by Strava.

The availability and scope of the Strava integration may change if Strava changes, restricts, or discontinues its interfaces, requirements, or technical capabilities.

Strava’s own terms and privacy policies also apply to the use of Strava.

12.1 Retention Period

In the Team plan, training videos are stored for up to three days.

In the Team Pro plan, training videos are stored for up to seven days.

12.2 Automatic Deletion

After expiry of the respective retention period, training videos may be deleted automatically.

Users are themselves responsible for securing any required content elsewhere in time.

12.3 Rights to Videos

Users may upload only videos for which they hold the necessary rights.

13.1 Personal Responsibility

Sporting activity can involve health risks.

Users are themselves responsible for checking whether an activity is suitable for their health condition, performance level, and personal circumstances.

13.2 Medical Advice

Users should seek medical advice before starting or substantially changing a training program if health complaints, injuries, pre-existing conditions, or uncertainties exist.

13.3 Emergencies

Herak Sports does not provide emergency care.

In the event of acute symptoms or an emergency, the locally responsible emergency services must be contacted immediately.

Users may use Herak Sports only lawfully and for its intended purpose.

In particular, it is not permitted to:

• access third-party accounts without authorization;
• share login credentials without authorization;
• circumvent security mechanisms;
• disrupt the application or its infrastructure;
• carry out automated queries or scraping without prior consent;
• spread malware or unlawful content;
• process personal data of other persons without legal basis;
• use team functions for unauthorized surveillance;
• infringe third-party rights; or
• use third-party data contrary to applicable requirements.

15.1 Availability

Herak Sports strives for high availability.

Uninterrupted and completely error-free use cannot be guaranteed.

Temporary restrictions may arise in particular due to maintenance work, security measures, technical faults, or changes by third parties.

15.2 Further Development

Herak Sports may further develop the application and change functions if there is an objective reason for doing so, in particular:

• technical further development;
• improvement of security;
• correction of errors;
• adaptation to legal requirements;
• prevention of misuse;
• changes to external interfaces; or
• improvement of user-friendliness.

15.3 Changes for Consumers

For consumers, changes to continuously provided digital services are made only within the framework of mandatory statutory provisions.

If a change leads to more than a minor impairment, the consumer is informed in good time. Statutory rights to terminate the contract free of charge remain unaffected.

15.4 Price Changes

Price changes do not apply retroactively.

Customers are informed of price changes in good time before they become effective.

Customers may cancel their subscription before a price change takes effect.

16.1 Rights of the Provider

The application, software, design, documentation, trademarks, logos, texts, and provider-created content are legally protected.

16.2 Right of Use

During an active user account, the user receives a simple, non-exclusive, non-transferable, and revocable right to use Herak Sports within the contractually intended scope.

16.3 User Content

Users retain their rights to content they enter or upload themselves.

Users grant Herak Sports the technically required rights to process this content solely for the provision, security, and improvement of the contractually agreed functions.

17.1 Privacy Policy

Information about the processing of personal data can be found in the separate Privacy Policy under /privacy.

17.2 Separate Consents

Acceptance of these Terms does not replace any data protection consent required by law.

Where consent is required, it is collected separately and for a specific purpose.

17.3 Team Data

Before joining an organization or group, the user is informed which data may be visible to administrators and coaches.

18.1 Consumers

Mandatory statutory warranty rights apply to consumers.

This includes in particular rights in the case of digital services that are not provided in conformity with the contract or are updated defectively.

18.2 Business Customers

For business customers, the statutory warranty rules apply unless a permissible different written agreement has been concluded.

18.3 Support

Technical problems can be reported by email to support@herak-sports.com.

19.1 Statutory Liability

Liability is governed by the applicable statutory provisions.

19.2 No Restriction of Mandatory Rights

No limitation or exclusion of liability applies where it is not legally permissible.

This applies in particular to damage to life, body, or health.

19.3 Training Decisions

Herak Sports supports training decisions but does not replace a medical or specialist assessment.

The user remains responsible for their individual training decisions.

19.4 Third Parties

To the extent legally permissible, Herak Sports is not liable for outages or changes of third-party services that lie outside Herak Sports’ sphere of influence.

Mandatory statutory rights remain unaffected.

20.1 Suspension

Herak Sports may temporarily restrict or suspend access if there is an objective reason, in particular:

• payment default;
• misuse;
• material breach of these Terms;
• security risks;
• unauthorized access;
• infringement of third-party rights; or
• legal obligations.

20.2 Prior Information

Where appropriate and legally permissible, the user is informed before a suspension and given the opportunity to remedy the problem.

Immediate suspension may be necessary in the case of acute security risks or unlawful use.

20.3 Extraordinary Termination

The right of both parties to terminate the contract for good cause without notice remains unaffected.

21.1 Complaints

Complaints may be addressed to:

Lukas Kien Einfangweg 49 6370 Kitzbühel Austria Email: support@herak-sports.com Phone: +43 664 1002736

Herak Sports endeavours to process complaints promptly.

21.2 Out-of-Court Dispute Resolution

Herak Sports is not obliged and is currently not willing to participate in dispute resolution proceedings before a consumer arbitration board.

Should a legal obligation or voluntary participation arise in the future, the required information will be provided.

22.1 Applicable Law

Austrian law applies, excluding its conflict-of-law rules.

22.2 Consumers

For consumers, this choice of law applies only insofar as mandatory protective provisions of the state in which the consumer has their habitual residence are not thereby withdrawn.

Mandatory statutory places of jurisdiction for consumers remain unaffected.

22.3 Business Customers

For disputes with business customers, to the extent legally permissible, the exclusive jurisdiction of the court with subject-matter jurisdiction at the provider’s seat is agreed.

23.1 Future Contracts

Herak Sports may amend these Terms for future contract conclusions.

23.2 Existing Contracts

Changes for existing contractual relationships are made only insofar as legally permissible.

Customers are informed in good time about material changes.

23.3 Mandatory Rights

Mandatory rights of consumers remain unaffected.

Lukas Kien Einfangweg 49 6370 Kitzbühel Austria Phone: +43 664 1002736 Email: support@herak-sports.com