Terms of Service / Nutzungsbedingungen

1. Service Provider / Anbieter

2. Acceptance of Terms

By accessing and using GymDJ, you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our service. These terms constitute a legally binding agreement between you and MR Digital Solutions UG (haftungsbeschränkt).

3. Description of Service

GymDJ is a music streaming service designed for workout and fitness activities. We provide personalized music tailored to your workout preferences. The service is available exclusively as an iOS mobile application.

4. User Accounts and Access

4.1 Account Requirements

• You must be at least 13 years old to use this service
• One free demo workout is provided per device
• Attempting to circumvent device-based limitations violates these terms

4.2 Anonymous Use

GymDJ supports anonymous usage. We do not require an email address or personal identification to use the service. Device identification is used solely for enforcing fair use policies (one free demo workout per device).

5. Subscription Plans and Payments

5.1 Free Demo Workout

Each device is entitled to one free demo workout:

• Full access to all features during the workout
• No credit card or payment method required
• One free workout per device (lifetime)
• No commitment or signup required

5.2 Free Trial (7 Days)

After your free demo workout, you can start a 7-day free trial:

• Full access to all features for 7 days
• Payment method required via Apple (not charged during trial)
• Cancel anytime before trial ends to avoid charges
• Subscription begins automatically after trial unless cancelled

5.3 Paid Subscription

Subscription plans are available after the trial period:

• Monthly and annual subscription options available
• Payment processed exclusively through Apple App Store
• Prices displayed in the app may vary by region
• We reserve the right to modify pricing with 30 days notice

5.4 Auto-Renewal and Cancellation

• Subscriptions auto-renew unless canceled at least 24 hours before renewal date
• Cancel anytime through iPhone Settings → [Your Name] → Subscriptions
• Cancellation takes effect at end of current billing period
• No refunds for partial billing periods

5.5 Payment Processing

All payments are processed by Apple Inc. through the App Store. We do not store or process credit card information. Apple's terms and conditions apply to all transactions. Refunds are handled according to Apple's App Store refund policy.

6. Right of Withdrawal (Widerrufsrecht)

For consumers in the European Union: You have the right to withdraw from subscription purchases within 14 days without giving a reason. However, by starting to use the service immediately after purchase, you expressly request that we begin providing the service during the withdrawal period, and you acknowledge that you lose your right of withdrawal once the service has been fully provided.

To exercise your right of withdrawal, you must inform us via email at [email protected]

7. Acceptable Use Policy

You agree NOT to:

• Download, record, copy, or redistribute music from our service
• Use the service for any illegal purposes
• Attempt to circumvent device-based usage limitations
• Reverse engineer, decompile, or attempt to extract source code
• Use automated systems, bots, or scrapers to access the service
• Share access with others or use multiple devices simultaneously
• Interfere with or disrupt the service or servers
• Violate any applicable laws or regulations

8. Intellectual Property Rights

The GymDJ application, including its software, user interface, graphics, logos, and branding, is protected by German and international copyright and intellectual property laws. All rights are reserved by MR Digital Solutions UG (haftungsbeschränkt).

You may not use, reproduce, modify, reverse engineer, or distribute any part of the application or its content without express written authorization.

9. Music Content and Usage Rights

9.1 Ownership

The music available through GymDJ is original content owned by MR Digital Solutions UG (haftungsbeschränkt). Our music catalog is created exclusively for use within our service and is not available through other music platforms.

9.2 User License

Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to stream music through the GymDJ app solely for your personal, non-commercial use. This license is conditioned on your compliance with these Terms of Service.

9.3 Restrictions

You expressly agree that you will NOT:

• Download, record, rip, or capture any music from the service
• Redistribute, share, broadcast, or publicly perform the music
• Use any music for commercial purposes, including in videos, podcasts, or streams
• Claim ownership or authorship of any music from our catalog
• Incorporate the music into any derivative works
• Use automated tools to access or capture audio content

9.4 Catalog Changes

The music catalog is provided "as is" and may change at any time without notice. We do not guarantee the continued availability of specific tracks or genres. We reserve the right to add, modify, or remove content at our sole discretion.

10. Service Availability and Modifications

We strive to provide uninterrupted service but do not guarantee 100% uptime. We reserve the right to:

• Modify, suspend, or discontinue the service at any time
• Perform scheduled or emergency maintenance
• Update the app with bug fixes and new features
• Change content availability based on licensing agreements

11. Account Termination

We reserve the right to suspend or terminate your access if you:

• Violate these Terms of Service
• Engage in fraudulent or abusive activity
• Attempt to circumvent payment or usage limitations
• Violate intellectual property rights

You may cancel your subscription at any time through the App Store.

12. Limitation of Liability

To the extent permitted by German law:

• GymDJ is provided "as is" without warranties of any kind, express or implied
• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid in the last 12 months
• We are not liable for interruptions caused by third parties (Apple, network providers)

Note: This limitation does not affect mandatory liability under German law for intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), or liability for personal injury or death.

13. Applicable Law and Jurisdiction

These Terms of Service are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, mandatory consumer protection laws of their country of residence may apply.

The exclusive place of jurisdiction for all disputes is Cologne, Germany. For consumers, statutory jurisdiction rules may apply.

14. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr

We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

15. Severability Clause

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Invalid provisions shall be replaced by valid provisions that most closely reflect the original intent.

16. Changes to Terms

We may update these Terms of Service from time to time to reflect changes in our practices, legal requirements, or service features. Material changes will be notified via the app or email (if provided). Continued use of the service after changes constitutes acceptance of the updated terms.

17. Contact Information

For questions, concerns, or complaints regarding these Terms of Service, please contact us at:
[email protected]

Postal address: Düsseldorfer Str. 26, 51379 Leverkusen, Germany

Last updated: December 22, 2024