1. Provider, Scope and Conclusion of Contract
1.1 The provider of the Exakt app and the associated services is Exakt Running GmbH, Römerstraße 58A, 83435 Bad Reichenhall, Germany, represented by its managing directors Jan Lenfert and Philipp Reiter; registered with the Local Court of Traunstein under HRB 35543. You can contact us at info@exaktrunning.com.
1.2 These Terms and Conditions apply to consumers’ private use of our fitness offering. Individually agreed arrangements take precedence. These Terms and Conditions apply to separately offered courses or other services only if they are expressly incorporated into the respective offering.
1.3 Before you make your contractual declaration, you will be given access to these Terms and Conditions and the essential information about the services. A user agreement is concluded when you register, agree to these Terms and Conditions, and we confirm your registration or activate your account. A paid subscription is concluded only through a separate order process clearly identified as involving a payment obligation. Downloading the app alone does not trigger any payment obligation.
1.4 For purchases made through an app store, the ordering and acceptance process follows the procedure described there. The contractual partner and payment processor responsible for the respective transaction are identified there; these Terms and Conditions govern our own services. The contract confirmation containing the applicable terms will be provided to you on a durable medium, for example by email.
1.5 Use of the offering is permitted from the age of 16. The statutory rules on limited legal capacity apply to users who have not yet reached the age of 18. Where the consent of a legal representative is required to conclude the contract, it must be obtained before the contract is concluded.
2. Scope and Purpose of the Programmes
2.1 Exakt Running offers digital running, movement and training programmes to promote general fitness, strength, mobility, endurance and well-being. The content may include exercise videos, instructions, training plans and functions for organising and documenting your training. The service description displayed when the contract is concluded is authoritative.
2.2 “Prevention” in this offering refers to general physical activity and fitness. The programmes are not designed to diagnose, prevent, monitor or treat specific diseases, nor to treat or rehabilitate injuries. We do not provide medical examinations, individual therapy or physiotherapy treatment.
2.3 Programmes may be adapted on the basis of general fitness goals, selected settings and permitted training information. Diagnoses, injuries, pain or rehabilitation histories are not requested and are not used to control the programmes. The app does not assess your medical fitness for exercise or your individual risk of illness or injury.
2.4 No particular training progress or sporting performance is guaranteed. Statements about general training benefits do not constitute a promise of individual success. Our obligation to provide the agreed services in accordance with the contract remains unaffected.
2.5 No certification by the Central Prevention Testing Centre (Zentrale Prüfstelle Prävention) or reimbursement by health insurance providers is promised for this app offering. Separate courses with different service features require their own expressly agreed terms.
3. Safe Use
3.1 Use the programmes in accordance with the relevant exercise instructions and your personal capacity. The app does not replace medical or physiotherapy advice and is not intended for the self-treatment of symptoms.
3.2 If you have symptoms, an existing illness or injury, or are unsure whether physical training is suitable for you, consult an appropriately qualified medical professional before exercising. If you experience pain or other unusual symptoms during an exercise, stop training and seek medical advice if necessary. The app does not provide monitoring or an emergency service.
3.3 These notices do not require you to disclose diagnoses or medical findings to us. They do not constitute an exclusion of liability; our liability is governed by Section 11.
4. User Account and Technical Requirements
4.1 Provide accurate required information when registering and keep your contact details up to date. Protect your login credentials and inform us if you suspect unauthorised access. You are not held liable on a blanket basis for every action by third parties through your account; the statutory requirements apply.
4.2 You need a compatible device and, where required by the relevant function, an internet connection. Supported operating systems, essential compatibility requirements and functional limitations are described before purchase. You are responsible for your own connection or mobile data costs under your tariff.
4.3 The current system requirements can be found in the app settings and in the respective listings in the Apple App Store and Google Play Store.
Changes to these requirements are subject to Section 15 and may not circumvent statutory update rights or rights relating to defects.
5. Prices, Subscriptions and Trial Offers
5.1 The scope, total price including applicable taxes, initial term, billing period and cancellation terms are displayed before purchase. Only the plans offered there are available. A calendar month is not automatically treated as 30 days.
5.2 Subscriptions are paid in advance for the displayed billing period, unless otherwise agreed in the specific offer. Payment is processed through the app store or payment service provider named in the ordering process. No additional fees apply unless they have been agreed in advance.
5.3 After an agreed initial term, a subscription renews for an indefinite period, provided that automatic renewal has been validly agreed, and may then be cancelled at any time with a notice period of no more than one month.
5.4 A trial offer will become chargeable afterwards only if, when booking it, you were clearly informed of its duration, the subsequent price, the start of the payment obligation and the cancellation method, and you expressly concluded the corresponding paid contract. Free registration or use of the app alone is not sufficient for this purpose.
5.5 The conditions communicated before use apply to discount and promotional offers. Restrictions to new customers, non-combinability with other offers or a higher subsequent price apply only if they are transparently stated in the offer and agreed.
5.6 Price changes for existing contracts do not become effective merely by publishing new prices. These Terms and Conditions do not provide for a general unilateral right to increase prices.
6. Cancellation and Consequences of Termination
6.1 You may cancel a subscription during the initial term, effective at the end of that term. Any notice period may not exceed one month; more favourable terms from your offer continue to apply. Section 5.3 applies to the subsequent indefinite term.
6.2 Subscriptions purchased through Apple or Google can be cancelled through the subscription management settings of the respective store. For subscriptions concluded directly with us, you can contact info@exaktrunning.com. Cancellation is also possible in the app under “Settings” → “My Account”. Legally permitted methods of giving notice are not excluded.
6.3 Cancellation generally ends access to paid services at the relevant contract end date. Deleting the app or user account does not automatically cancel a subscription billed through a store. When an account is deleted, we will point out any subscription that is visibly still active and explain how to cancel it.
6.4 Statutory rights to extraordinary termination and to terminate the contract, obtain a price reduction or receive a refund in the event of defects, non-provision or relevant changes to the services remain unaffected. A blanket “no refunds” rule does not apply.
6.5 In the event of material breaches of obligations, we may take proportionate protective measures. Immediate termination requires good cause and, where legally required, a prior warning or period to remedy the breach. In the event of an urgent security risk, a temporary suspension is possible; we will inform you of the reason and further steps insofar as legally and security-wise permissible. Not every breach automatically results in the complete loss of paid claims.
7. Data Protection
7.1 The processing of personal data is explained in our separate Privacy Policy. Your agreement to these Terms and Conditions does not constitute consent to optional analytics, advertising or the processing of health data.
7.2 The new operator will not take over any previous injury, pain or rehabilitation data and will not request such information again. The exact scope of permitted account data and the handling of the previous history are explained in the Privacy Policy and the transfer notice. Describing the offering as a fitness service does not change the data protection classification of data actually processed.
8. Rights of Use and Intellectual Property
8.1 For the duration of your entitlement to use the service, you receive a simple, non-exclusive and generally non-transferable right to use the app and the agreed content for private purposes on your compatible devices. Permitted uses under the rules of the relevant store, such as family sharing offered there, remain possible to the agreed extent.
8.2 Rights to software, videos, texts, trademarks and other content belong to us or the respective rights holders. Access does not involve any sale or transfer of these rights to you.
8.3 Without the relevant authorisation, you may not publicly distribute content, exploit it commercially, circumvent access restrictions, impair security functions or carry out automated access that places an unreasonable burden on the service. Copyright and rights notices may not be removed unlawfully.
8.4 Uses permitted by law, in particular mandatory rights relating to interoperability and the observation or examination of software under Sections 69d and 69e of the German Copyright Act (UrhG), remain unaffected. The rights of use may not be revoked at will while a contract is ongoing.
9. Feedback
You may voluntarily send us ideas and suggestions for improvement at info@exaktrunning.com. To the extent rights are required for this purpose, you grant us a simple, royalty-free right to use the feedback to review and improve our offering. This does not involve a full transfer of all rights or a waiver of non-waivable moral rights. We handle personal content in accordance with the Privacy Policy; please do not send health information.
10. App Stores and External Connections
10.1 The terms of the relevant app store or connected fitness service also apply to your use of that store or service within the respective contractual relationship. They do not replace our obligations under the contract with us.
10.2 Connections to third-party providers are offered only to the extent specifically described. Functions that would process health data are excluded from the intended operating model. You decide whether to activate an available connection.
10.3 We cannot control the services of other providers. However, if an integration is agreed as part of our service, our statutory obligations and your rights in the event of disruptions or discontinuation remain in force. A blanket exclusion of responsibility or refunds solely because a third party is involved does not apply.
10.4 If the app is obtained through the Apple App Store, Apple’s applicable terms and the provisions applicable to the Apple App Store also apply. If Exakt Running GmbH does not provide its own end-user licence agreement (Custom EULA) for the app, the standard end-user licence agreement (Standard EULA) provided by Apple, in its applicable version, applies. The user’s statutory rights against Exakt Running GmbH remain unaffected. Any statutory rights and claims against Apple are governed by the applicable agreements and statutory provisions.
11. Rights in the Event of Defects and Liability
11.1 Statutory rights apply where digital products are not provided in conformity with the contract, in particular Sections 327 et seq. of the German Civil Code (BGB), where applicable. These include, subject to the statutory requirements, the right to subsequent performance, termination of the contract, a price reduction and damages. These rights are not limited to voluntary store refunds.
11.2 We are liable without limitation in cases of intent and gross negligence, for culpable injury to life, body or health, and under mandatory statutory liability provisions. Any expressly assumed guarantee applies according to its terms.
11.3 In cases of ordinary negligence, we are liable for foreseeable damage typical of the contract if we breach a material contractual obligation. Material contractual obligations are those whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In all other cases, liability for ordinary negligence is excluded; the cases in Section 11.2 remain unaffected.
11.4 These provisions apply accordingly to our legal representatives and vicarious agents. Statutory limitation periods apply. The safety notices and the absence of a guarantee of specific training results do not eliminate liability for our own breaches of duty.
12. Change of Operator and Existing Contracts
12.1 These Terms and Conditions apply to transferred user relationships only once they have been validly agreed.
12.2 Before you consent, we will inform you of the change from Exakt Health GmbH to Exakt Running GmbH, the confirmed effective date and the material changes to the services.
12.3 Existing claims, periods already paid for and statutory rights do not lapse solely as a result of the change of operator. The migration does not by itself create a new paid order, restart a minimum term or waive refund or defect-related rights.
12.5 Previous health data will not be transferred even if you consent to the change of operator. The fact that such data are not transferred does not mean that all historical data are immediately deleted.
13. Right of Withdrawal
13.1 A statutory right of withdrawal generally applies to consumer contracts concluded at a distance. The withdrawal notice and model form at the end of this document apply to the contracts with us described there. For a transaction in which a store itself is the contractual partner, you will receive the relevant information in the respective purchase process; statutory claims against us remain unaffected.
13.2 Merely activating a subscription does not automatically eliminate the right of withdrawal. Different statutory requirements apply to services and digital content for the right of withdrawal to expire early. Where required, express declarations concerning the start of performance before the end of the withdrawal period and the loss of the right of withdrawal will be obtained and confirmed separately during the ordering process; general agreement to these Terms and Conditions is not sufficient.
14. Applicable Law and Dispute Resolution
14.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country in which you have your habitual residence remain applicable where the statutory requirements are met. Statutory places of jurisdiction are not restricted to your disadvantage.
14.3 If a provision is invalid, the statutory provisions apply in its place. The remainder of the contract continues in force as provided by law. Individual agreements take precedence; no mandatory written-form requirement is agreed for all declarations or amendments.
15. Updates, Changes to Services and Amendments to the Terms and Conditions
15.1 We provide legally required updates, including security updates, and inform you about them. The conditions under which failure to install an update affects rights relating to defects are governed by law. We do not generally exclude responsibility for errors or updates.
15.2 Changes to digital services provided on an ongoing basis that go beyond maintaining contractual conformity may be made only for a valid reason specified in the contract, for example due to changed legal requirements, the prevention of specific security risks or necessary adjustments to changed technical standards. They may not incur additional costs and must respect your statutory rights. This clause does not permit arbitrary replacement of the main service or a price increase.
15.3 We will clearly inform you of such changes. If a change affects access to or usability of the service to more than a minor extent, we will inform you in good time beforehand on a durable medium about its features, timing and your rights. Under the conditions of Section 327r BGB, you may terminate the contract free of charge within 30 days; the period begins when the information is received or, if later, when the change takes effect. Statutory exceptions and refund claims remain authoritative.
15.4 Amendments to these Terms and Conditions that require an agreement will be submitted to you for approval. Mere silence or continued use does not constitute blanket consent. Section 12 applies to the specific transition from the previous rehabilitation offering; it is not based solely on a general amendment clause.
16. Contact
Exakt Running GmbH, Römerstraße 58A, 83435 Bad Reichenhall, Germany. Email: info@exaktrunning.com. For contractual, payment or support enquiries, please provide the information required to identify the matter, but do not provide diagnoses or medical findings.