Terms of Use

Effective date: October 26, 2023

Preamble

The Tredict website and the associated applications and services are made available to you by Felix Gertz, Fibigerstrasse 392, 22419 Hamburg, Germany, hereinafter referred to as "Tredict Website", "Website" or "Tredict", in accordance with these terms of use and in compliance of the data protection declaration.

By creating a Tredict profile and clicking on "Register now", you agree to these terms of use. Do not access the Tredict website if you do not agree to these terms of use.

"you" means you as a natural person or an authorized representative of an organization.

The Terms of Use were originally composed in German language. This is the English translation. In case of a mistakenly difference by translation the German Nutzungsbedingungen is the prioritized document.

Registration and account authorization

Tredict is aimed exclusively at people who are at least 14 years old. If you are under the legal age in your area of law to conclude a binding contract, you assure that a parent or legal guardian has checked these terms and conditions and approved them on your behalf.

In order to use Tredict, you have to register and create an account. The following data must be entered when registering: first and last name, email address, password, gender and year of birth. The data entered during registration will be used for the purpose of using the service. Tredict may send you emails for the following events and topics: Account and payment-related information, connection requests from coaches or athletes, information relating to the technical operation of Tredict, changes in the scope of offers and changes to the terms of use.

After registration you can use Tredict in full for 3 months free of charge. After the first 3 months after your registration or if the date of your paid period has passed, your account is restricted to read access with the exception of your account settings. With a one-off payment, you can extend full access at any time by an additional 12 months, at the earliest 3 months before the end of your paid period. The prices can be found in the price overview on the website.

Payments

At Tredict you can either pay by credit card, PayPal or if you come from Germany you can also use the SEPA direct debit. By providing your payment information, you authorize us to receive and save your payment information from credit card networks and the payment processor. The payment information is stored in a database separate from your account information.

Revocation of payment

Payments made can be refunded within the first 14 days after payment, provided you have not used Tredict during this payment period.

Cancellation and account deletion

You can delete your Tredict account at any time in the account settings. Deleting is equivalent to canceling your account. A payment that has already been made or a difference in amount to the paid period will not be reimbursed when an account is canceled or deleted. Tredict is entitled to terminate your contract without notice at the end of your paid period with a notice period of 2 weeks. If you violate common decency or otherwise violate the terms of use, Tredict is entitled to immediately exclude you from the website and the service provided or to delete your account. Your account data and all related information will be removed from the database and its replication immediately after deletion. It may take up to a month for the deletion to go through the entire backup rotation.

Warranty and disclaimer

Tredict provides its information and services in good conscience, however errors or inaccuracies may be existent.

The services, information and content on the Tredict website are provided "as is" and without any guarantee. Tredict is not liable for the correctness of the information and content on the Tredict website or the consequences that arise from the use of the services and content.

Tredict gives you no guarantee that: (1) The Tredict application and its services meet your requirements or expectations; (2) The results and values ​​obtained from the use of the Tredict website are accurate or reliable; (3) Tredict is available at all times, is safe or error-free; (4) Errors found in Tredict or the services are corrected; (5) A loss of your data due to a technical defect or human error can be excluded.

You are aware and you expressly acknowledge that the use of Tredict is no medical advice. The values ​​and contents provided on Tredict are to be questioned and may not be used instead of the advice of a doctor or other medical professionals. Tredict is not responsible for your health and your actions. You hereby release Tredict from any liability in relation to your sporting activities.

Training plans and coaches directory

(1) Tredict, as an intermediary party and provider of the infrastructure, is excluded from any liability concerning the sporting and/or medical application of a training plan.

(2) The intellectual creation of a training plan does not lies with Tredict, but with the training plan author and, if available, his co-authors.

Publishing training plans

A training plan author is a user who creates and publishes training plans via the Tredict platform and offers them for use by other users.

The use of the training plan is divided into 2 forms: the further use of a training plan in order to make changes to it, with a possible republication, or the use in the sense of the application as an athlete, the sports execution of the training plan.

(1) When publishing training plans, the training plan author ensures that he/she does not infringe the copyrights of others and acts in accordance with any original licence, e.g. Creative Commons. Protected plans and training units from other manufacturers or authors may only be used, sold and published with express authorisation. Protected brand names and designations may also only be used in a training plan with the consent of the manufacturer.

(2) The published training plan must not offend common decency, must not contain discriminatory or offensive statements, especially no so-called hate or agitation.

(3) When creating a training plan, the training plan author is obliged to consider the well-being and health of the training plan user and not to intentionally propagate methods that are harmful to health. The training plan author shall try in good conscience to prevent sporting damage to the training plan user.

(4) The training plan author is liable in tort only in cases of intent and gross negligence.

(5) The publication of the training plan also takes place in accordance with the licence selected in the training plan settings.

(6) Tredict is entitled to deactivate a training plan and to cancel a publication if the aforementioned points are violated.

Use of the Tredict trademark and logos

Tredict grants the training plan author the use of the registered word mark "Tredict" and the associated logos for the purpose of self-promotion, the trainer profile published on Tredict and the training plans published on Tredict, in other channels such as websites, forums, video platforms and print media, etc. The use of the registered word mark "Tredict" and the associated logos is permitted. The use can be revoked if the training plan author decides to delete his/her account on Tredict, if there is no longer a business relationship, or if anti-competitive or unfair action is taken in any other way.

Use of your training plans

We may process, display and redistribute your training plans published via the "Training Plans" category to the extent of the licence you choose. We cannot guarantee that your content and copies of it will be completely deleted, especially on message boards, blogs or other community sites.

Use of your trainer profile data

By posting your trainer profile data on or through the "Training Plans -> Public Trainer Profile" category of the Tredict platform, you hereby grant us a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, worldwide license to use, copy, publicly perform, publicly display, distribute and create derivative works from your content. You agree that we may use and share Your Content as set forth in these terms of use, including our privacy policy. You may contact us to request that Your Content be removed from the Website. We cannot guarantee that your content and copies thereof will be completely deleted, especially on message boards, blogs or other community sites. Backup copies or residual copies of content that we remove may remain on our servers and backup copies for several weeks after the content is removed from the public view.

Selling training plans

When selling training plans, 4 parties are involved. The buyer, Tredict as the platform/intermediary, the payment service provider and the seller. Training plans that are offered for sale are hereinafter referred to as "commercial training plans".

(1) The seller is responsible for the content of the commercial training plan for sale in the sense of the "publication of training plans" and is liable for damages to persons as an entrepreneur.

(2) Tredict reserves the right to deactivate or delete a commercial training plan for any reason. In particular, if the training plan is fraudulent or infringes the rights of third parties.

(3) When purchasing a commercial training plan, the buyer has a 2-week trial period during which the training plan can be returned without giving reasons. No payment is made to the seller during the 2-week trial period. The payment is only "authorised" and reserved in the buyer's account, but only collected and debited after the end of the 2-week test phase.

(3)(a) If the seller independently initiates a refund or cancellation to the buyer from the payment service provider's interface, e.g. from the PayPal seller account, then the purchased training plan is not removed from the buyer's Tredict account and can continue to be used by the buyer. Only the return of the training plan by the buyer via the Tredict interface leads to the removal of the training plan from the buyer's account.

(4) After the 2-week trial period, reclaims and refunds to the buyer must also be accepted by the seller. The buyer must simply justify the reclaim. The justification must be accepted by the seller if it is unclear.

(5) When a training plan is sold, an invoice is sent to the buyer in the name of the seller. The seller receives a copy of the invoice and has permanent access to it. The seller undertakes to provide all legally required invoice details correctly. This includes the billing address and, if subject to VAT, the VAT identification number.

(6) At present, Tredict, as a platform, does not charge a sales commission to the seller. With one month's notice, Tredict reserves the right to charge a reasonable commission in the future. Apart from a sales commission, an additional fee may be charged by the payment service provider used, e.g. the PayPal fee.

(7) Tredict is excluded from any liability. Payments from the sale of a training plan that are not received by the seller due to technical errors or human error on the Tredict platform or the payment service provider will not be refunded by Tredict. Similarly, fraudulent intentions or the inability of a Buyer to pay shall not give rise to any obligation to act on the part of Tredict. The seller cannot make any claims against Tredict if a payment cannot be made for reasonable reasons.

Apply and acquire training plans

A training plan user is a user who has purchased training plans via the Tredict platform in order to use them for himself/herself from a sporting point of view. A training plan applier is a user who has purchased training plans via the Tredict platform in order to use them as a trainer for other athletes.

(1) The user of the training plan assures that he/she is in good physical health. The use and execution of a training plan purchased on Tredict is at the user's own risk. The training plan user expressly waives all claims, of whatever nature, against Tredict and the training plan author arising from cases of damage, injury or consequential damage in connection with the use of the training plans.

(2) The training plan user or training plan applier can only assert possible claims if, in the case of tort, the training plan author can be proven to have acted with intent or gross negligence.

(3) Tredict is not responsible for the compatibility of the training plan with third-party manufacturers and cannot guarantee this.

(4) When purchasing a training plan, you agree to the additional licence agreements assigned to the training plan. The selected licence is listed on the training plan and must be respected as such. These may be "Creative Commons" licence agreements or Tredict's own distribution licence.

(5) Claims arising from the training plan cannot be made on the Tredict platform or on your regular Tredict user account. The purchase of a training plan is an additional service and does not affect the training analysis and planning functionalities from a contractual point of view.

(6) Tredict acts as an agent for training plans and is exempt from further liability, especially medical liability. In case of tort, the creators of the training plans are liable.

(7) When purchasing a training plan under the commercial Tredict licence, you are entitled to return the training plan within the first 2 weeks without giving reasons. During this period, your payment will only be reserved. After this period, contact the training plan creator to make a claim.

Use

By accessing the Tredict website and related services, you accept that you may only use the website for the purpose for which it was created, i.e. uses all functions provided by Tredict to the normal, non-automated extent.

Unauthorized use is therefore: (1) Uploading or transferring files or information that are likely to damage or impair Tredict hardware or software; (2) to perform a non-obvious function on the website that leads to a disproportionately high or uneconomically high load on the website's infrastructure; (3) disrupt the connection of the website to the server or network; (4) To reproduce, copy, resell or otherwise use legally protected content of the site or parts thereof, circumventing technical protective measures for commercial purposes, without having obtained Tredict's express consent; (5) To gain access to data that is not intended for you as a person, or to scan or test the vulnerability of the system or network without express permission or to overcome the authorization levels or break security regulations without express permission.

You are responsible for maintaining the confidentiality of the password associated with your account and for restricting access to it as well as to your computer and your mobile phone while you are registered with Tredict, and you assume responsibility for all activities that take place with your account or with your computer and mobile devices.

You understand that the use of certain features of the website may include the purchase of equipment, e.g. GPS systems and sports watches, required by third parties. Tredict is not responsible for your purchase or use of third party equipment. Tredict makes no guarantee that such third party equipment is compatible with the website.

Responsibility for user content

You are responsible for all content you post to your account and on Tredict, as well as for adjusting the account settings that allow you to view your content on Tredict, including, but not limited to, posting training plans, posting to the coaches directory, and publicly sharing activities. Posting content over the internet carries the risk that third parties may inadvertently access and disclose your content. We are not responsible for and do not control user content, so we do not guarantee the accuracy, integrity or quality of user content. You acknowledge that by using pages of the Website where Users may post user content, you may be exposed to user content that you may find offensive, indecent or objectionable. We will not be liable under any circumstances for any user content, including, but not limited to, any errors or omissions in any user content, any posting errors, or any loss or damage of any kind incurred as a result of the use of any user content posted on or through the website.

Disapproval and removal of user content

You acknowledge that we have the right to review, edit, refuse to post or remove any user content, including your content or any portion thereof, in our sole discretion and for any reason. Without limiting the foregoing, we have the right, in our sole discretion, to remove any user content from the site that violates these terms of use or is otherwise objectionable, or to restrict, suspend or terminate your access to all or any part of the site at any time, for any or no reason, with or without notice, and without liability.

Misuse

If you become aware of any misuse of the website by any person, please contact us by email at abuse@tredict.com.

Ownership of your content

We do not claim ownership of your content. Subject to the selected licence of a training plan and the rights of trainers and sponsors, if applicable, you own and retain all intellectual property rights you have in your content.

Changes to the terms of use and services

Parts of the terms of use can be supplemented by expressly named legal notices or terms found on the website. Tredict reserves the right to update the Terms of Use at any time and for any reason at Tredict's sole discretion. Tredict will inform you in good time about significant changes to the terms of use. By continuing to access or use the website after we have informed you of a change, you agree to the changed terms of use.

Referrals and hyperlinks

Tredict assumes no liability or responsibility for the content of pages linked by Tredict hyperlinks. The reference is made solely for non-binding information purposes.

A training plan or the coaches directory may contain links to websites operated by other companies. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Tredict makes no warranty or representation regarding, and does not endorse, any linked site or the information appearing thereon or any of the products or services described thereon.

Applicable Law and Jurisdiction

German law applies exclusively to the use of Tredict. The place of jurisdiction for all disputes resulting from the use of Tredict is, if the customer is a businessman, the Hanseatic City of Hamburg in Germany.