General Terms and Conditions EGYM AG (Ltd.)

Contents

  1. General provisions

1. Scope

1.1 The following General Terms and Conditions govern the use of the various services and applications of EGYM AG, Einsteinstr. 172, 81677 Munich, Germany (hereinafter "EGYM" or "We") for natural persons (hereinafter "User" or "You"):

-EGYM Website(s) (available at www.egym.com)

2. Scope of service

2.1 EGYM enables users to use the contractual EGYM services themselves (in the case of the EGYM website or apps) or at the fitness facility agreed upon with EGYM when the contract is concluded (in the case of EGYM power equipment).

2.2 If the user uses free services, EGYM may change, extend or restrict the scope of services at its own discretion.

2.3 EGYM is not obliged to back up data for the user during the contract period or to store or archive the training or other data after the contract terminates. Users themselves are responsible for backing up their data in such a way that it can be restored with reasonable effort.

3. EGYM User account and membership, contract period/termination

3.1 To register, the user needs a valid e-mail address and, for the use of the EGYM apps and website, a password of their own choice. For the use of the equipment, the user needs a personalised RFID chip, usually provided by the fitness facility. Registration is carried out through the activation of the user profile by EGYM. The contractual relationship is personal and non-transferable.

3.2 Upon registration, the user agrees to provide true and complete information and to keep it up to date during the term of the contract.

3.3 The user must have unlimited legal capacity or act with the consent of their legal representative.

3.4 The free EGYM membership and the EGYM user profile can be terminated at any time without notice in writing (e.g. letter, fax, email). Furthermore, the user can delete their EGYM account by using the settings on the EGYM website.

4. Liability

4.1 EGYM is only liable within the framework of the contract for damages to the user, (1) which EGYM or its legal representatives or vicarious agents have caused intentionally or by gross negligence, (2) with injury to life, body or health, which are due to a breach of duty by EGYM or one of its legal representatives or vicarious agents, (3) in cases of liability under the Product Liability Act, from the assumption of a warranty or due to fraudulent misrepresentation and (4) which have arisen due to the breach of an obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the user regularly relies and may rely (cardinal obligation).

4.2 In cases (1), (2) and (3) of the above paragraph, EGYM's liability is unlimited. Otherwise, the claim for damages is limited to the foreseeable damage typical for the contract.

4.3 In cases other than those mentioned in paragraph 1 and notwithstanding the following paragraph, the liability of EGYM is excluded, irrespective of the legal grounds.

4.4 The aforementioned limitations of liability shall apply accordingly to all organs, employees and vicarious agents of EGYM. They do not change the legal burden of proof.

4.5 If the user is supervised by a personal trainer using the EGYM Trainer App, i.e. if training plans and instructions are given to the user, EGYM shall not be liable for any damages resulting from the adherence to these plans and instructions.

5. Extraordinary termination / Prohibited conduct

5.1 The statutory right to extraordinary termination for an important reason remains unaffected.

5.2 An important reason for extraordinary termination may exist in particular in the case of the following unauthorised actions by the user: publication of content with insulting, offensive or illegal content, especially as comments; harassment of other users; publication of illegal content (e.g. profile photos that violate copyrights or the personal rights of third parties or statutory provisions); presence under a false identity, false statements; provision of access IDs or passwords or the use of third-party access IDs or passwords; technical manipulations; copying of software or hardware.

5.3 The user is also entitled to extraordinary termination if training on EGYM power equipment is no longer possible at the fitness facility agreed with EGYM, e.g. if a fitness facility should change the training equipment.

6. Responsibility, warranty, no medical advice/services

6.1 EGYM does not warrant any specific training objectives or results that may be achieved through the use of the EGYM services, nor the accuracy and reliability of the information available through the EGYM services.

6.2 The EGYM services support the health, fitness and wellness of the user through use of the functionalities of the EGYM Power equipment and EGYM Fitness App and Branded Member App (including training- and exercise-related information/guidance), but do not provide medical advice or diagnoses, should not be interpreted as such and do not substitute medical advice.

7. Data privacy

Information on the processing of your personal data when using EGYM services and applications can be found in the EGYM Data Privacy Policy (https://www.egym.com/privacy).

II. Special provisions for individual services and offers

1. EGYM Website

EGYM may enable the user to make their profile (including related data such as in particular training results) accessible and comments available to other EGYM users. In particular, the user may make this profile data available to a user with personal trainer status, if supervised by the latter for training. EGYM is not directly party to the legal relationship between such users and does not assume any obligations or liability in this respect. The arrangement of the legal relationship between users, especially with a personal trainer, is exclusively the responsibility of the users concerned. Notwithstanding this, all users are obliged to comply with their obligations towards EGYM according to these General Terms and Conditions.

  1. EGYM Power equipment

EGYM Power equipment is provided by the respective fitness facility. EGYM is only responsible towards the user in connection with the EGYM user account according to the regulations of these General Terms and Conditions and according to the legal product liability.

  1. EGYM Apps (EGYM Fitness App and EGYM Branded Member App)

3.1 The necessary technical requirements, e.g. required storage space on your mobile terminal device and required software version, are set out in the description of the app available in the App Store. A further requirement for installation and use on the user's mobile device is a current and valid user account for the respective App Store and an Internet connection. The contractual relationship of the user with regard to their App Store user account shall be governed exclusively by the agreements concluded between the user and the respective App Store.

3.2 The installation and use of the app requires regular data transmission from the user's mobile device. The extent and frequency of the data transfer depend, among other things, on the type and scope of your use of the app. The connection costs incurred for the data transfer are borne by the user according to the contract with their Internet access provider.

3.3 EGYM may further develop the app at any time, as well as extend or change its functionality and issue updates for the app, but shall not be under any contractual obligation to do so. Any updates will be displayed to the user in the app or via the functionalities of the respective App Store.

3.4 By downloading and installing the app, the user receives a personal, simple and non-transferable licence to use the app on the mobile device in accordance with these conditions of use.

3.5 If the fitness facility offers optional paid additional services/extensions/extras to the membership in the fitness facility through the EGYM Branded Member App (e.g., additional services such as towel service, parking offers, nutrition coaching, etc.), which the user can purchase in the Branded Member App, the contract for booking such additional services is concluded exclusively and directly between the user and the fitness facility. EGYM is not a party to this contractual relationship, but only provides the technical platform for offering and booking such additional services and transmits the booking information to the user's fitness facility. The fitness facility is solely responsible for the conclusion of the contract via distance selling, payment processing, confirmation of the contract, and the provision of the respective additional service for the agreed duration. EGYM does not assume any warranty or liability in this regard. If the user can cancel once-booked additional services in the Branded Member App depending on the parameters set by the fitness facility, EGYM will forward this information to the user's fitness facility.

3.6 The use of EGYM apps is exclusively permitted for private, non-commercial use.

4. EGYM Trainer App

4.1 The offer of the EGYM Trainer App is exclusively for persons of full age who are trained and qualified as fitness trainers and who have a need for the use of the Trainer App. To use the EGYM Trainer App, an iPad with an internet connection is required. For a stable and error-free use of the app, we recommend that you always install the latest version of the app and update it regularly.

4.2 An EGYM user account is required to register as a Personal Trainer. The same login details are entered in the respective input fields of the Trainer App. If the app is used for commercial purposes or by a fitness facility, it must be activated by EGYM. In this case please contact trainerapp@egym.de.

4.3 A registration with the status "Personal Trainer" can be made dependent on a special confirmation of the status by EGYM. There is no entitlement to this. In particular, EGYM reserves the right to make the registration as a Personal Trainer dependent on proof of qualifications and reliability. EGYM is not party to any contract between the user and his Personal Trainer. EGYM does not assume any obligations in relation to this contract, the establishment and execution of which is exclusively between the user and the Personal Trainer.

III. Obligations of the user, responsibility for content/prohibited behaviour and reporting of infringements

1. General obligations of the user

1.1 You acknowledge that the User Account Holder is fully responsible for all activities performed through their User Account.

1.2 You agree to refrain from any action that may impair or impair the functionality of our Services (e.g. through software or other scripts). This applies in particular to the use of "robot", "spider" or "offline reader" software, which automatically generate user requests via the Internet. You also refrain from modifying, overwriting, copying or distributing areas of the Website or our Services not provided to you by us for this purpose, including areas of other users, in particular by circumventing technical safeguards, e.g. against downloading.

1.3 You may not use our offer or parts thereof, the use of our offer by you as a service or access to our offer without our prior written consent for commercial purposes of any kind, e.g. imitate, sell, rent or use or offer for our own or third party advertising purposes.

2. Contributions and other content from users

2.1 EGYM allows you to use our Services in accordance with the law and the provisions of these Terms of Use to store, publish, transmit and share content with other users to the extent that our Services include such functionality as commenting or other social features. EGYM does not supervise you and does not claim ownership of your content.

2.2 When using our services, you instruct us to store and make available to the public your content as part of our offer in accordance with the provisions of these Terms of Use. By submitting a contribution, you expressly agree to the publication, storage and further processing of your contribution in this context alone.

2.3 You warrant to us that you have all the necessary rights in relation to the content for which you use our offer for storage, publication and/or transmission and that you do not have any rights of third parties, of any kind, no legal provisions and also do not comply with the rules of these Terms of Use, in particular the provisions of No. 3.3 violate established rules. If you do not own the rights to any Content you submit, you warrant that you have effectively obtained all necessary transfers, licenses, permissions, consents and the like. In the event that you breach these warranties or any of them, you release us from any liability to any third party and hold us fully harmless.

2.4 EGYM shall be entitled to store and share Content with third parties to the extent required by law or in its dutiful discretion necessary and legally permissible to (a) comply with legal requirements or judicial or regulatory orders, (b) enforce these Terms of Use, (c) respond to claims of infringement by third parties, or (d) safeguard the rights, property or personal safety of EGYM, its users or the public.

3. Accountability, prohibited content and conduct

3.1 Responsibility for all information, data, text, photos, graphics, or other materials ("Content") stored, published, or transmitted by you or other users using the Services, e.g., to the extent that our Services include commenting or other social features, lies solely and unconditionally with the person from whom such Content originates; e.g., for Content that you have created yourself, but also for Content that you have purchased from other sources and that you store, publish, and/or transmit using our Services.

3.2 As a matter of principle, EGYM does not control content that you or other users store, publish and/or transmit through our Services and therefore does not warrant the accuracy, adequacy or quality of such content. You understand that by using the Site, you may be exposed to content that is offensive, objectionable or otherwise objectionable if the user responsible for such content does not comply with the provisions of these Terms of Use or the relevant laws.

3.3 You must comply with legal requirements when using the Services and in particular must not: - store, publish and/or transmit any data, text, images, graphics, files, links or other content that is unlawful, harmful, threatening, abusive, harassing, libelous or offensive, vulgar, obscene, hateful, racist or otherwise objectionable to minors in any way, in particular pornographic, violent or otherwise harmful to minors; - store, publish, offer and/or transmit any content that infringes the rights of third parties, in particular patents, trademarks, copyrights or ancillary rights, trade secrets, privacy rights or property rights; - store, publish and/or transmit any material that contains software viruses or other information, files or programs that are intended or likely to interrupt, destroy or limit the function of computers software or hardware or of telecommunications devices; - store, publish and/or transmit any content that you are not authorized to transmit; - impersonate another person on the Services, e.g. a representative of EGYM, or otherwise impersonate the person responsible for the Offer, or a non-existent relationship with such persons; - store, publish and/or transmit any unsolicited advertising, promotional material, junk or mass emails or SMS ("Spam"), chain letters, snowball systems or other advertising; - anyone, whether a natural or legal person or a company, harasssing, threatening, defamatory, libelating or otherwise causing any inconvenience or inconvenience to a natural person or entity or disseminate any other fact; - store or transmit any personal data; or provide any other legal advice;

3.4 Although we generally do not review or control user content, we reserve the right to reject, block, delete or, if necessary, publish content from users who are accessible via our offer with immediate effect without giving reasons, in particular content from users who have come to our attention in breach of these Terms of Use.

4. Procedures and legal consequences for user conduct obligations

Failure to comply with any of the provisions of No. 2 or paragraph 3 may lead in particular to the following consequences: Invitation to comment in case of suspected breaches of contract/law, blocking of use until facts are clarified (especially in case of multiple complaints from other users), warning, restriction/restriction in the use of the offer, complete or partial deletion of content. In case of blocking of a content, you will receive a justification from us. Further statutory or contractual rights of EGYM or affected other users, in particular to terminate or claim damages, remain unaffected.

5. Notice of infringements, complaint management

5.1 EGYM respects the intellectual property and rights of third parties and encourages its users to do the same. 5.2 If you believe that your copyright or other intangible rights, such as trademark rights or publicity rights, are infringed by the content of (another) user of our Services who uses our Services to store, publish or transmit its content, please provide us with the following information: - a description of the copyrighted work that you believe has been infringed or a description of the infringement of other rights (such as publicity rights); - a description of where the material that you believe infringes copyright or other rights is located; - your address, telephone number and email address; - a statement by you that, to the best of your knowledge, the use complained of is not authorized by the copyright owner or the owner of the other rights, by its agent or by law; - an affidavit by you that the above information is truthful and that you own the copyright or other rights or are authorized to act on behalf of the right owner.

5.3 Please inform us of any violations of these Terms of Use due to improper content. If you discover that other users’ content violates these Terms of Use or legal requirements, please notify us via email at dsa@egym.com or via our contact form at https://egym.com/en/kontakt. Please enter the identification data (if any) of the person who does not comply with the Terms of Use together with the relevant content or a description thereof or a link to it in your email to us or in the appropriate form field.

5.4 After receiving a message via the contact channels listed in section 5.3 regarding possible infringements of the rights of users of our services, this will be forwarded internally to the relevant authority for examination. You will receive an automated notification by email that we have received your complaint. After examining your submission, in particular whether it is complete, we will take provisional or, depending on the facts, final measures (see section 4.). In the event that your input is not complete or in the event that we have asked the relevant user to comment on his/her input and there are questions to you on this basis, we will contact you by email and inform you of the further steps or request further information from you. Upon completion of the complaint procedure, you will receive a message from us with the result of the examination and the steps taken/completed by EGYM.

IV. Final provisions

1. Subject to alterations

1.1 With your consent or if your consent is deemed to have been given in accordance with the following paragraph, we may amend the Terms of Use (e.g. when new functionalities or new EGYM products are introduced).

1.2 If we wish to change the Terms of Use, we will inform you of this at least 6 weeks before the proposed effective date in so-called text form (e.g. by e-mail). If you do not object within 6 weeks after receipt of this notification in text form, your consent to the change is deemed to have been given and the changes will take effect at the announced time. We will point out this consequence separately in the notification.

1.3 Irrespective of the above provisions, we reserve the right to amend the Terms of Use with effect for the future, insofar as essential provisions of the contractual relationship with the user are not affected by this and these amendments are necessary in order to take account of developments (e.g. changes in the legal situation or supreme court rulings, fundamental changes in market conditions leading to a so-called disruption of the basis of the business) which were not foreseeable by us and whose disregard would lead to a fundamental disruption of the contractual relationship.

2. Applicable law / Place of jurisdiction

2.1 The law of the Federal Republic of Germany shall apply to contracts between the provider and the user, to the exclusion of the UN Sales Convention. The legal regulations for the restriction of the choice of jurisdiction and for the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has their habitual residence, remain unaffected.

2.2 The place of jurisdiction for all disputes arising from the contractual relationship between the user and EGYM is the registered office of EGYM, provided that the user is a merchant, a legal entity under public law or a special fund under public law.

2.3 The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

[As of: December 2024]