MySports Rewards GmbH
GENERAL TERMS AND CONDITIONS (GTC) OF MYSPORTS REWARDS GMBH
1. Scope and recognition of the general terms and conditions and data protection regulations
MySports Rewards GmbH, Raboisen 6, Hamburg (hereinafter referred to as “MySports Rewards”) offers the service of promoting regular, healthy exercise (hereinafter referred to as “service”) for participating companies (hereinafter referred to as “partner companies”) and their employees, as well other private individuals (hereinafter collectively referred to as “users”). The following agreement is aimed at users of the MySports Rewards service, which is offered via the MySports Rewards service platform. This service is initially designed for an indefinite period and includes in particular:
the provision of functionalities for determining and evaluating the user's activity level using external sources,
supporting users in increasing their physical activity through digital motivation, advice, organizing competitions, awarding awards and bonus points, etc. (hereinafter referred to as the “support program”),
the establishment of a connection and the transmission of crucial information about the user's activity level to the selected and requested partner company, provided that the partner company has agreed to such cooperation by means of a contractual agreement with MySports Rewards (hereinafter referred to as the “partner program”), the complete processing of the operation or . redeeming reward points for the non-cash benefits offered and available in the rewards shop (“non-cash rewards”).
the complete processing of the use or redemption of reward points against the non-cash benefits offered and available in the rewards shop (“non-cash rewards”).
Further details about the service can be found in the following paragraphs (Section 4). Both the respective partner company and each user are free to decide on the extent to which the MySports Rewards service is used. It may be that the aforementioned service is not fully offered to every user.
MySports Rewards provides the service in the current version and expressly reserves the right to make content and technical updates at any time. Updates are made to adapt to the state of the art, to optimize system performance and user-friendliness, to correct errors, to update and complete, to optimize the program or if they are required for licensing reasons. The user is required to carry out the updates provided to him immediately. If the user fails to carry out updates or does not carry them out properly, MySports Rewards is not responsible for the resulting defects. MySports Rewards has the right at any time - at its sole discretion - to suspend or discontinue access to free parts of the service in whole or in part, as well as to discontinue free parts of the service in whole or in part.
The service is generally designed for around-the-clock access. MySports Rewards strives for an availability time of 98 percent on a monthly average. This promise does not cover times of temporary unavailability due to routine or necessary maintenance, data backup or update measures. Also not covered are downtimes that are due to a lack of technical requirements to be created by the user for access to the service, which are based on errors in the general telecommunications infrastructure or which are the responsibility of the data transmission company, or which are due to force majeure beyond the control of MySports Rewards are attributable.
The registration and subsequent unconditional use of the service by the user constitutes agreement with these terms and conditions and all notices and references contained therein. In the event that the user does not agree with these regulations and conditions, he is not entitled to use the service to use.
The use of the service with health-related content (e.g. created training plans, participation in support programs, partner programs or competitions) is at your own risk. The prerequisite for use is that the user is in good general health. If the user is aware of any pre-existing medical conditions, it is strongly recommended that they seek medical advice before starting to use the service. This applies in particular if the user may suffer from one or more of the following diseases/conditions/procedures: cardiovascular diseases, lung or respiratory diseases, spine and/or joint problems, neuromuscular diseases, surgical procedures, other health restrictions. Pregnant or nursing mothers should also consult a doctor.
2. General Provisions
The following provisions apply to all components of the service.
MySports Rewards reserves the right to temporarily or permanently exclude a user in the event of violations of laws, morality or these Terms and Conditions. The user undertakes not to send any incorrect information (in particular any incorrect personal data) to MySports Rewards or using the service.
Information that MySports Rewards provides in the performance of the service as information about third-party companies and their services either comes from generally accessible information sources or was provided by the respective third-party company itself.
They are solely responsible for ensuring that the information disseminated about them and their achievements on this MySports Rewards service is updated. Although MySports Rewards takes great care and diligence in providing the service, due to its dependence on third-party companies and other generally available sources of information, MySports Rewards cannot verify or guarantee that all information is correct and complete.
If the service contains hyperlinks to other platforms that are operated by persons other than MySports Rewards, these are only provided to the user as a reference. MySports Rewards does not continuously monitor such platforms and is not responsible for their content.
The user is advised that all software underlying the service is the property of MySports Rewards and/or third-party companies and is protected by copyright and relevant contractual provisions. The user may only use the software for the contractual use of the service provided by MySports Rewards.
The User is advised that he may access or use the entire Service only for lawful, authorized and permitted purposes. The user will not use (or assist third parties in using) the entire service in a way that:
violates the rights of MySports Rewards, other users or third parties;
is obscene, abusive, threatening, intimidating, harassing, racially or ethnically objectionable, or incites or encourages conduct that is illegal or otherwise inappropriate;
contains falsehoods, misrepresentations or misleading statements;
contains illegal or unauthorized communications;
involves any non-personal use of the Services unless authorized by MySports Rewards.
3. User registration
3.1. Setting up the user account and providing the service
The comprehensive use of the service requires that the user registers and creates a user account with MySports Rewards, truthfully providing the requested data. A user account is created based on the data provided, unless another account already exists with identical data but which must be unique within the service (e.g. an email address). When registering, the user is asked to accept these terms and conditions and the data protection regulations (see data protection declaration). After registration, MySports Rewards first sends an email for security reasons asking the user to verify the registration. Only then is the registration process completed. The agreed service is only accessible to the user after registration has been completed and/or after successful login. MySports Rewards is not obliged to make the service available to the user if the user has not registered and/or logged in.
The user account details and password must be treated confidentially. Access IDs or passwords may not be made accessible to third parties. Third-party access IDs or passwords may not be used. The user is responsible for all activities related to his user account. If MySports Rewards becomes aware of reasonable suspicion that a user account is being used without authorization, MySports Rewards is entitled to suspend the usage rights and block the user account until the suspicion of unauthorized use has been dispelled by MySports Rewards. The user account is not transferable to another person.
3.2. Use of the user account by MySports Rewards for messaging
In the event of important news, MySports Rewards sends the user service notifications and information that MySports Rewards is legally obliged to provide to the user's email address associated with the user account. Since the data stored in the user account is crucial for communication between the user and MySports Rewards, the user will always update the data provided. If the user does not agree to receive the aforementioned notifications electronically, he or she may not use the service. The notification will take effect immediately.
3.3. Closing a user account
The user has the right to close their user account at any time and thereby give up their authorization to use the service with immediate effect. To do this, the user must contact MySports Rewards. After closing the user account, all MySports Rewards content posted there will be deleted or blocked - subject to statutory documentation and retention periods.
4. MySports Rewards services
4.1. Functionalities for determining and evaluating the user's activity level
MySports Rewards offers the user the opportunity to bundle and evaluate their activity data from various sources. The user himself decides from which sources activity data should be collected. The user has the option of obtaining activity data from sports and fitness facilities (hereinafter referred to as “studios”) with which the user has an ongoing contractual relationship and a corresponding contractual relationship between MySports Rewards and the studio or between MySports Rewards and MySports GmbH (MySports GmbH, Raboisen 6, 20095 Hamburg, Germany). MySports Rewards is not a party to the legal relationship between the user and the studio and assumes no obligations or liability in this regard. In addition to activity data from studios, other sources (e.g. via the use of geolocation data or connecting your own fitness trackers or apps) can be included to determine activity data. The user's collected activity data is stored in their user account.
MySports Rewards offers various services to promote regular, healthy exercise with the aim of motivating individual users and/or users in groups (hereinafter also referred to as “teams”) to be more active and to promote communication within the teams . The service includes varying programs that make the activity of the individual and/or the team measurable both in studios and as part of outdoor activities and through the organization of competitions, the awarding of awards, the awarding of activity and bonus points, and events of charity projects etc. as well as through digital consulting services.
Individual users can create, join or be added to teams depending on their chosen settings. The respective team is then connected to the user account of the respective user.
MySports Rewards offers various promotional measures. The content of the respective funding measure, the activity criteria to be met, the type and scope of a claim to activity points resulting from participation in a funding measure, the number of reward points to be acquired and other details depend on the service package selected by the user. Details will be determined by MySports Rewards and published via the Service.
Activity criteria fulfilled by the respective user are collected by MySports Rewards from the sources approved by the user and linked via the service, evaluated as part of the service by MySports Rewards and stored in the user account of the respective user. The user's own activity data and evaluations are available to the user in the user account. Furthermore, members of a team have the opportunity to use the service, depending on the settings selected, to find out about the activity data of all members of their own team and the group results of rival teams.
In addition to the service described above, MySports Rewards offers support programs for companies - partner programs - which can be booked. In the case of a partner program, the booking partner company determines which people should be entitled to use the partner program and which service package can be used. The partner company also determines the point in time at which a user's right to use the partner program should end. The partner company receives anonymized evaluations from MySports Rewards about the activity results of users participating in its partner program. MySports Rewards also sends messages to the partner company if a participating user has not actively participated in the partner program for a period defined for partner companies (usually one month) (so-called “inactivity message”).
4.3. Requirements for using the service
The prerequisite for using the service is that the user has registered.
The prerequisite for using a partner program is that
the user has registered and entered the “program ID”,
the user's right to use the partner program has not been lost again (e.g. due to termination) and
the user has consented to the processing of their data to create and send inactivity messages to the partner company and has not revoked this consent to MySports Rewards.
Before using a partner program for the first time, the user must enter the program ID provided to them by the partner company in the service in order to prove their eligibility to MySports Rewards. MySports Rewards informs the partner company about the registration for the partner program by providing the user's last name, first name, email address and date of birth and using the program ID. If the partner company then informs MySports Rewards that the user does not have authorization, MySports Rewards is entitled to exclude the user from the partner program until clarification is made.
The right to use the service is terminable, non-exclusive, non-sublicensable and non-transferable by the user. It entitles the respective owner to use the service in accordance with the then applicable terms and conditions of MySports Rewards. Apart from the rights expressly granted, the user is not granted any rights of use, tacitly or in any other way.
5. Acquisition of activity and reward points, redemption of reward points
5.1. General regulations
The user can only earn both activity and reward points for activity-based services provided by him personally, in compliance with the applicable rules. The user is obliged to ensure that no activity and/or reward points are credited to his user account for services provided by third parties or services provided in violation of the rules. If the user becomes aware of corresponding credits, he must immediately arrange for the relevant points to be deleted.
Only reward points earned by the user legitimize the receipt of non-cash rewards. Activity points, on the other hand, only represent a measurement for evaluating the level of activity and do not justify receiving a bonus.
5.2. Rules for redeeming reward points
Every user can redeem earned reward points (so-called “STARS”) for non-cash rewards. The prerequisite for redeeming reward points for non-cash rewards is the availability of the respective reward offer and the required number of reward points. Both will be announced on duty. Non-cash rewards are provided by MySports. Relevant details can be found in the service. MySports has no influence on the availability and quality of non-cash rewards provided by third parties. In addition to the reward points to be used, the user must pay taxes (e.g. VAT) as well as any additional fees that may arise (e.g. shipping costs), which can be offset by existing reward points. Information about their amount can be found in the service. Reward points do not grant any monetary entitlement; cash payment of earned non-cash rewards is excluded.
Claims for the provision of non-cash rewards against other users of the service and/or against the partner company are excluded.
5.3. No transferability and no trading of reward points/abuse
Selling, exchanging, offering for auction or otherwise passing on reward points to third parties is prohibited unless the action in question is an intended part of a promotion offered by MySports Rewards. Arranging the purchase or sale of reward points, as well as the acquisition and use of reward points acquired through the aforementioned actions, are also prohibited. A user acts abusively if his actions violate the aforementioned regulations.
If the user is responsible for mishandling reward points, MySports Rewards is entitled to refuse the use in question; this applies in particular to the redemption of the affected reward points. The right to termination in accordance with Section 8 as well as the right to assert further claims against the user, including compensation for damages, remain unaffected. If the misuse affects a non-cash reward already received by the user, MySports Rewards is entitled to recalculate the non-cash reward received in euros and charge it to the offending user. Furthermore, MySports Rewards is entitled to demand compensation in the event of abusive behavior for which the user is responsible. This right also applies in particular in the event that the user uses more reward points than his user account has as a result of misuse or irregular behavior and therefore acquires a negative point balance. In all cases, the user reserves the right to prove that no damage or less damage has occurred.
5.4. Expiry of reward points
If reward points are not redeemed for a reward within 36 months of being credited to the user account, they will expire at the end of the next month, unless longer expiry periods have been announced by MySports Rewards in the service. MySports Rewards will inform the user of the expiry date and the number of reward points affected, usually one month before the expiry date. However, MySports Rewards is not obliged to do this.
5.5. Duties and taxes
The user is hereby advised that he is responsible for fulfilling all duties and tax obligations that arise from or as a result of the user's use of the service and, in addition to submitting the relevant declarations to the tax authorities, also the relevant ones Payments in the amount owed must be made by the due date.
5.6. Expiration of the right to use the service, validity of the reward points
The user's right to use the service ends when
the user terminates the contractual relationship with MySports Rewards or unsubscribes from using the service or
MySports Rewards (only) terminates the user's right to use the service or
MySports Rewards terminates the entire contractual relationship with the user.
The user is advised that MySports Rewards will terminate the user's right to use the service, in particular if the user is in arrears with the payment of the usage fee owed by him or a non-insignificant portion. The same applies in the case of a partner program if MySports Rewards is requested to be terminated by the partner company. The user of a partner program is aware that MySports Rewards has committed itself to the partner company to terminate the user's right to use the partner program service if MySports Rewards is requested to do so by the partner company. MySports Rewards will not check whether the partner company is entitled to revoke the user's right to participate. MySports Rewards is not liable for any misconduct by the partner company in relation to the user.
Once the termination or deregistration of use of the service takes effect, the user loses the right to use the service and any partner programs.
Rewards points earned by the user remain valid for a period of twelve months after the termination of the right to use the service, unless an earlier expiry occurs in accordance with Section 5.4.
6. Usage fee and provisions for making payments
MySports Rewards offers users individual paid services or service packages within the service, for which the user must pay the required fee when booking these service packages using an available payment system. The fee is due monthly in the amount of the selected service package. The user is liable for the usage fee. The usage fee is due in advance at the beginning of each calendar month.
7. Liability of MySports Rewards
7.1. Availability of the MySports Rewards service
The user is aware that errors can generally occur when using software, computers and telecommunications systems and that downtimes can occur. MySports Rewards therefore does not guarantee that the MySports Rewards service will be uninterrupted, secure or free from the aforementioned errors. In particular, MySports Rewards is not responsible if and to the extent that data from the studios, partner companies or external sources are not processed or saved due to technical problems.
7.2. MySports Rewards has no liability for content posted by users or third parties
MySports Rewards is not liable for content uploaded, posted, published or otherwise made available to others by users or third parties and is not the publisher of such content. This applies in particular to training plans, user activity data collected by the studio, including links to third-party platforms. MySports Rewards cannot rule out that content posted by users or third parties is offensive or objectionable and/or incorrect, violates the rights of third parties, causes damage to a user's computer or network or is unlawful or illegal.
If health-related content (e.g. training plans, etc.) is made available to the user as part of the service, the instructions and information contained therein must be strictly adhered to by the user, otherwise there are risks of injury and/or health. The user is also obliged to observe the health instructions in section 1.6. In the event of discrepancies or contradictions between health instructions and the instructions and information provided as part of the service, the principle of caution should be followed. If the user uses aids or devices for the exercises and training, it is his responsibility to ensure that these aids and/or devices function properly and have been installed or set up.
7.3. Liability of MySports Rewards for damages to the user
MySports Rewards is liable to the user in accordance with the statutory provisions for intentional or grossly negligent actions or omissions by MySports Rewards.
In the event of slight negligence, MySports Rewards is only liable for damages to the user that are attributable to significant breaches of duty that jeopardize the achievement of the purpose of the contract, or to the breach of duties whose fulfillment is essential for the proper execution of the contract. Liability is limited to foreseeable damage that is typical for the contract. This applies to all claims for damages, regardless of the legal basis, including claims arising from tortious acts.
The limitations of liability do not apply in cases of mandatory legal liability (e.g. under the Product Liability Act), for damages due to injury to life, body or health, or for damages that are covered by a guarantee provided by MySports Rewards. To the extent that the liability of MySports Rewards is excluded or limited, this also applies to the personal liability of MySports Rewards employees, employees, employees, representatives and vicarious agents.
8. Termination Rights
8.1. User’s termination rights
The user has the right to terminate the contract concluded with MySports Rewards for the use of the service at any time by closing his user account or by submitting a notice of termination in text form (including email). Section 3.3 of these General Terms and Conditions applies to closing the user account. If the contractual relationship is terminated during a current month, the user is not entitled to a full or partial refund of the usage fee paid by him in accordance with Section 6 for the month in question. The user is expressly prohibited from using the service himself or making it available to third parties for use after the contract has ended.
8.2. MySports Rewards Termination Rights
MySports Rewards has the right to terminate the contracts concluded with the user in whole or in part (e.g. termination of only the right to use a partner program) in text form with one day's notice to the end of the calendar month. MySports Rewards also reserves the right to to discontinue non-paid parts of the service in whole or in part at any time.
8.3. Termination for good cause
The right to terminate for good cause remains unaffected for both parties. If the user seriously violates the provisions of these General Terms and Conditions, MySports Rewards is entitled to extraordinary termination; Beforehand, MySports Rewards will issue a warning about the violation, unless the requirement for a prior warning is dispensable under the statutory provisions.
8.4. Notice of Termination
A notice of termination from MySports Rewards is usually sent by email to the email address associated with the user's user account. In this respect, the regulation in section 3.2 of these conditions applies.
9.1. Right of withdrawal
The user has the right to revoke the contract within fourteen days from the day the contract was concluded without giving any reasons.
In order to exercise the right of withdrawal, the user must inform MySports Rewards of the decision to withdraw from this contract by means of a clear statement. The user must send the declaration to the following address:
MySports Rewards GmbH
In order to meet the cancellation period, it is sufficient that the notification of the exercise of the right of cancellation is sent before the cancellation period has expired.
9.2. Consequences of revocation
If the user revokes the contract, MySports Rewards must repay all payments received no later than fourteen days from the day on which notification of the revocation of this contract was received by MySports Rewards. For the refund, MySports Rewards uses the same payment method that the user used in the original transaction, unless expressly agreed otherwise; In no case will any fees be charged as a result of this repayment.
9.3. Expiry of the right of withdrawal
MySports Rewards also informs that the user's right of cancellation expires if the user agrees to the performance of the service (provision of the digital content) by MySports Rewards before the cancellation period expires. By clicking the “Buy now” button, the user agrees that MySports Rewards will begin fulfilling the paid contract for the selected service packages before the cancellation period expires.
9.4. Value replacement
If the service was not provided in full or only in parts, the user is obliged to pay compensation for the parts of the service provided until revocation. The amount of the compensation depends on the agreed total price of the service packages.
10. Final provisions
The service is subject to the terms and conditions in force at the time the service is used. If the User is the holder of a User Account and provided that the change does not put him or her at an unreasonable disadvantage, MySports Rewards is entitled to change the Terms and Conditions, in whole or in part, at any time for the following valid reasons: For legal or regulatory reasons; for safety reasons; to further develop existing features of the Service or improve usability and to add additional features; to take account of technical progress and make technical adjustments and to ensure the future functionality of the service. If MySports Rewards makes changes, MySports Rewards will inform the user (see Section 3.2) of this within a reasonable period of time and point out the rights to which they are entitled (see Section 3.3). If any modification is found to be invalid, void or for any reason unenforceable, this will not affect the validity and enforceability of the remaining modifications or conditions. Notwithstanding this, MySports Rewards reserves the right to make changes to the service at any time.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws. For all matters relating to MySports Rewards, the courts of the Hamburg district are agreed to have exclusive jurisdiction, to the extent permitted. The place of jurisdiction in Hamburg applies in particular in relation to a user who does not have a general place of jurisdiction in Germany or in another EU member state or who moves his permanent residence to a country outside the EU after these General Terms and Conditions come into effect or whose residence or usual place of abode is not at the time the action is filed is known. If the user is a consumer with habitual residence in the EU, he also enjoys protection from the mandatory provisions of the law of his country of residence. He can assert claims in connection with these General Terms and Conditions, which arise from consumer protection standards, either in Germany or in the EU member state in which he lives. The court effectively agreed between Studios and the user applies to all matters between Studios and the user.
The European Commission provides a platform for online dispute resolution (OS platform). This platform can be found at http://ec.europa.eu/odr. MySports Rewards expressly excludes alternative dispute resolution in accordance with Directive 2013/11/EU. The MySports Rewards email address is firstname.lastname@example.org. MySports Rewards is not willing or obliged to take part in dispute resolution proceedings before a consumer arbitration board.
If any provision in these Terms and Conditions is invalid, void or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. An ineffective, void or unenforceable provision must be reinterpreted in such a way that the economic purpose it pursues is achieved.