General Terms and Conditions

Preamble

These General Terms and Conditions (hereinafter “GTC") govern the contractual relationship between the provider of the mobile application “FYT" (hereinafter “provider" or “we") and the users of the application (hereinafter “user" or “you").

Provider:
Andreas Eizinger
Sole proprietorship
Max-Gandolf-Straße 41, 5201 Seekirchen am Wallersee
ATU83194106
Email: office@findyourtrainingbuddy.com

FYT is a platform that connects people with similar sporting interests in order to plan joint activities and make new social contacts. The platform is aimed at private users who wish to connect for shared sporting activities.

By registering with FYT you accept these GTC as well as our separate privacy policy.

1. Scope and range of services

1.1. These GTC apply to the entire use of the FYT app and the associated services. Deviating terms of the user are not recognised unless we expressly agree to their validity in writing.

1.2. Use of FYT's services is permitted exclusively to persons who have reached the age of 18 and have full legal capacity.

1.3. FYT provides the user with access to a platform that includes, in particular, the following functions: creation of a personal profile with sporting interests, images and further information. A matching system to find suitable activities and users.

• a) A chat function for communication after joining an activity or a successful match.
• b) A calendar function for importing activities into the user's own calendar on the device used.
• c) A “Discover" area in which user-generated activities of other members are displayed.
• d) A “TravelConnect" function (as part of the premium membership) for searching activities and sport buddies in other locations. In addition, people can connect with each other in the app by sending friend requests.

1.4. FYT offers different usage models:

• a) Standard membership: the free basic version with fundamental functions and a limited quota of interactions (e.g. “likes").
• b) Premium membership: a paid membership with an extended range of functions (e.g. unlimited “likes", activity map, TravelConnect). The exact services and costs are presented transparently before the premium membership is concluded.

1.5. FYT continuously develops its services. We are therefore entitled to change, extend or restrict the range of services at any time, provided that the essential core functions of the respective usage model are retained.

2. Registration and conclusion of contract

2.1. Use of FYT requires registration. The user is obliged to provide truthful and complete information during registration and in their profile. The use of pseudonyms as a username is permitted; however, there is no obligation to use a real name in the profile.

2.2. Each user may create only one single user account. Multiple registrations are not permitted and may lead to the immediate blocking of all associated accounts.

2.3. The contract for the use of the standard membership is concluded upon completion of the registration process in the app.

2.4. A contract for a paid premium membership is concluded by clicking the corresponding button (e.g. “order now subject to payment") and successfully completing the payment process.

2.5. There is no legal entitlement to registration. The provider is entitled to refuse a registration without giving reasons.

2.6. During onboarding, the user may mark their profile as a “sport club". In this case, instead of the personal display name, the club name provided by the user is displayed prominently along with a system-assigned club badge. By activating the club profile, the user warrants that they

• a) are fully entitled to use the chosen club name and that such use does not infringe any trademark, name, personality or other rights of third parties;
• b) do not use the club name with the intention of deceiving other users about the identity, organisational form or authorisation of the underlying profile;
• c) do not use the club mode for commercial purposes such as commercial course offerings, booking intermediation or paid advertising; a purely informative presentation of organised, non-commercial sport groups (e.g. informal running meetups, voluntarily run clubs) remains unaffected.

The provider is entitled to change or remove club names that obviously violate these provisions or applicable law without prior hearing, and to block the affected profile in the event of repeated or serious violations in accordance with section 7.

3. Paid memberships

3.1. The fees shown in the app at the time of conclusion of the contract apply to the premium membership and any other paid services. All prices include statutory value-added tax.

3.2. The term, automatic renewal and notice periods for paid memberships are communicated to the user clearly and comprehensibly before the order process is completed. Unless otherwise stated, the membership is automatically extended by the originally agreed term if it is not cancelled in good time before the end of the respective term. Cancellation can be made directly in the account settings of the app or via the respective app store operator (Apple App Store, Google Play Store).

Term: The minimum term of the premium membership is — depending on the chosen plan — one month (monthly subscription) or twelve months (annual subscription) from the day of the successful order via the respective app store (Apple App Store or Google Play Store).

Automatic renewal: After the end of the respective term, the premium membership is automatically extended by a further term of the same duration, unless it is cancelled beforehand in good time. With each renewal, the fee valid at the time of renewal becomes due again via the app store. Before the automatic renewal of an annual subscription, the respective app store sends a reminder to the email address stored in the Apple/Google account.

Notice period: The premium membership can be cancelled at any time without giving reasons, subject to a notice period of 24 hours before the end of the respective current term. Cancellation is made exclusively via the subscription management of the respective app store in which the membership was originally booked; cancellation via the app itself or by email to the provider is not possible for technical reasons. Within the app, the provider provides a direct link to the subscription management of the respective app store, through which cancellation can be carried out in a few steps.

Refunds after renewal: Amounts already debited following an automatic renewal cannot be refunded via the provider but must be claimed directly from the respective app store. Apple and Google decide on such refund requests according to their own goodwill rules.

3.3. Price adjustment: The provider is entitled to adjust the ongoing fees for premium memberships to inflation once a year. The reference value is the Consumer Price Index 2020 (VPI 2020) published monthly by Statistik Austria, or the successor index replacing it. A price adjustment only takes place if the index value has changed by at least 3 % since the last adjustment (or since the start of the contract). An increase is announced to the user at least six weeks before it takes effect by email or in-app notification. In the event of an increase, the user has an extraordinary right of cancellation at the time the increase takes effect. A price adjustment within the first two months from conclusion of the contract is excluded.

4. User obligations and rules of conduct

4.1. The user is responsible for keeping their access data (password) secret and is liable for all activities carried out via their account.

4.2. The user undertakes not to misuse FYT's services. In particular, it is prohibited to:

• a) publish content that is unlawful, insulting, pornographic, racist, glorifying violence or otherwise offensive.
• b) threaten, harass or deceive other users or violate their rights (in particular personality rights).
• c) distribute commercial advertising, chain letters, spam or pyramid schemes.
• d) use the platform for commercial intermediation, sales or advertising purposes without the provider's prior express written consent.
• e) transmit data or software that contains viruses or other harmful code.
• f) impersonate another person or make false statements about one's own identity.
• g) create fake accounts or carry out multiple registrations.

4.3. Photo guidelines: The following applies to all photos uploaded to the app:

• a) The profile photo must show the user clearly and recognisably as they currently appear.
• b) No photos may be uploaded that infringe the rights of third parties (e.g. copyright, right to one's own image). The user ensures that they hold all necessary rights to the photos they upload.
• c) Nudity, depictions of violence or other prohibited content are not permitted.

4.4. The user indemnifies and holds the provider harmless from all third-party claims, including reasonable costs of legal defence, resulting from a culpable breach of their obligations under these GTC.

5. Obligations when participating in activities

5.1. The provider merely makes the platform available for connecting with users and organising joint activities. The provider does not organise any activities itself and does not participate in them.

5.2. The organisation of and participation in activities is the sole responsibility of the platform's users. Participation in activities takes place at the users' own responsibility. Users must ensure themselves that they are physically and medically able to participate in the respective activities and that no such reasons argue against participation. In this respect, the assessment of one's own state of health is also the responsibility of the user, who must obtain medical advice in advance if necessary.

5.3. The user must provide, on their own responsibility, the equipment that is suitable, operationally safe and required for the sport (e.g. footwear, protective clothing, suitable sports equipment).

5.4. When participating in activities, the user must comply with all applicable traffic rules (in particular the road traffic regulations), the house and ground rules of the respective sports facility (sports hall, tennis court, swimming pool, etc.) as well as the requirements of the responsible club or sports facility operators.

6. Rights of use

6.1. All rights to the FYT app, the underlying software and the provider's content (texts, designs, logos) remain exclusively with the provider. The provider grants the user a simple, non-transferable, non-sublicensable and revocable right to use the app for the duration of the contractual relationship for the purposes stated in these GTC.

6.2. The user grants the provider a simple, worldwide, free of charge and transferable right of use to the content they upload (such as profile texts, images), insofar as this is necessary for the provision of FYT's services. This right includes, in particular, the storage, reproduction, formatting and making publicly available of the content within the FYT app in order to display it to other users.

6.3. This right of use serves exclusively the purpose of providing FYT's services. The user's content is not used for the provider's advertising purposes. The provider's right of use to the user's content expires when the user deletes the relevant content from their profile or terminates their account.

7. Sanctions and blocking

In the event of violations of these GTC or applicable law, the provider reserves the right to take one or more of the following measures at its own discretion and depending on the severity of the violation:

• a) A warning to the user.
• b) The deletion of individual content of the user.
• c) The temporary blocking of the user account.
• d) The permanent blocking of the user account, which is equivalent to an extraordinary termination of the contractual relationship.

8. Availability and warranty

8.1. The provider endeavours to ensure the highest possible availability of the services but cannot guarantee uninterrupted or error-free operation. Maintenance work, security updates or unforeseen technical disruptions may lead to temporary outages.

8.2. The provider does not warrant that contacts will be established or that specific social or sporting successes will be achieved through use of the app. FYT merely provides the technical platform.

9. Liability

9.1. The provider is liable, regardless of the legal grounds, only for damages based on intent or gross negligence. This limitation of liability does not apply to personal injury, to damages under the Product Liability Act or to the breach of essential contractual obligations.

9.2. In the event of a slightly negligent breach of essential contractual obligations, the provider's liability is limited to the foreseeable damage typical for the contract.

9.3. The provider is not liable for content posted by users or for damages arising from interaction between users.

9.4. FYT provides exclusively the technical platform for the intermediation of sport partners and for the organisation of joint activities. The provider is not the organiser of the activities organised via the platform and does not participate in them. The organisation, execution and compliance with any safety, insurance or official obligations is the sole responsibility of the creator of the activity and the participating users. Participation in activities and meetings takes place at one's own risk. The provider is not liable for personal injury, property damage or financial loss arising in connection with or on the occasion of an activity, unless this is based on intentional or grossly negligent conduct of the provider itself. In particular, the provider does not warrant the identity, trustworthiness, sporting suitability, professional authorisation or insurance of other users. Users are advised to carefully check the suitability of the activity and the trustworthiness of the participants before taking part, and to ensure they have sufficient insurance cover of their own.

10. Contract duration and termination

10.1. The contract for the free standard membership is concluded for an indefinite period and can be terminated by the user at any time by deleting the account in the app.

10.2. For paid premium memberships, the terms and notice periods agreed upon conclusion of the contract apply (see section 3.2).

10.3. The right of both parties to extraordinary termination for good cause remains unaffected. Good cause for the provider exists in particular in the case of serious or repeated violations by the user of their obligations under these GTC.

11. Data protection

The processing of personal data takes place exclusively within the framework of our separate privacy policy, which is available at any time in the app and on our website.

12. Consumer dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find at ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. Final provisions

13.1. Amendment of the GTC: The provider is entitled to amend these GTC at any time. Amendments are communicated to the user at least four weeks before they take effect by email or in-app notification. If the user does not object within this period, the amended GTC are deemed accepted. The user is specifically informed of this consequence in the notification.

13.2. Applicable law: Austrian law applies, excluding the referral norms of private international law and the UN Convention on Contracts for the International Sale of Goods.

13.3. Place of jurisdiction: The statutory places of jurisdiction apply to legal disputes with consumers. For all disputes arising from or in connection with contracts with entrepreneurs (e.g. trainers, companies), the exclusive jurisdiction of the materially competent court in Salzburg is agreed.

13.4. Severability clause: Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected thereby.