Valid from: October 2020
Before using the Mobile App, please read this End User License Agreement, (“MOBILE APP License Agreement”).
By downloading the mobile app, you agree to this MOBILE APP License Agreement.
Pump It Club, its subsidiaries and affiliates (“our”, “we”, “us”, “”, “Provider”) grant you a license to the Mobile App pursuant to this MOBILE APP License Agreement.
If you do not agree to the terms set forth in the MOBILE APP License Agreement, you may not download or use the Mobile App. Pump It Club all rights not expressly granted to you.
MOBILE APP License Agreement
Scope of the license
Changes of the MOBILE-APP license agreement
Consent to the use of data
Term / Termination
Language and local regulations
Modification, suspension and discontinuation
Limited warranty and disclaimer of warranty
Governing Law and Venue
Beneficiary third parties
Severability clause / completeness
1) Scope of the license
(1) Subject to the terms of this MOBILE APP License Agreement, M&H Production hereby grants you a limited, non-transferable license to use the Mobile App on the Mobile Device; the Software is not sold or transferred to you.
You are prohibited from
use the Mobile-App on a mobile device that you neither own nor control;
distribute or make available the Mobile App over a network through which it could be used on multiple devices simultaneously;
rent, lease, loan, sell, distribute or sublicense the Mobile App; or
copy (except as expressly permitted by this MOBILE APP License Agreement), decompile, disassemble, disassemble, attempt to derive source code from, modify, or create derivative works of the Mobile App, Updates, or portions thereof of any kind (except and only to the extent that any of the foregoing restrictions are prohibited by applicable law or to the extent permitted by the License Terms with respect to the use of open source components included on the Mobile App).
(2) Unless otherwise agreed in the respective source of supply from which the MOBILE-APP is loaded, you do not have to pay any fees for the use of the Mobile-App. For individual services offered by M&H Production in the sense of this MOBILE-APP license agreement, however, separate user fees can be charged by M&H Production.
(3) With offences against these license regulations you can be prosecuted criminally or claims for damages can be asserted against you. The license regulations are valid with regard to any upgrades as well as updates which are made available by, unless such an upgrade or update is provided with a separate license.
(4) Insofar as the use of the mobile app requires a fee, this can be demanded in different forms. On the one hand, for example, by a one-time payment or by a subscription. The price models displayed before the app is loaded will then apply. These become part of this agreement at the latest when the app is downloaded.
2) Changes of the MOBILE-APP license agreement
(1) M&H Production reserves the right to change this MOBILE-APP license agreement for important reasons, especially in order to:
make its provisions clearer and more favorable to you;
implement changes in the law
– introduce new systems or technology changes.
(2) If M&H Production makes changes to the MOBILE-APP License Agreement, you will be notified at least 30 days in advance of any changes that are unfavorable to you. If we deem it reasonable that such changes are not to your disadvantage, M&H Production may promptly make such changes and incorporate them into this MOBILE APP License Agreement. If a change has been made to this MOBILE APP License Agreement, M&H Production will update the date indicated after “Effective From” at the beginning of this document. Amendments to this MOBILE APP License Agreement will be effective as of the new date under “Effective From”.
If you do not agree to the amended terms, however, you must immediately cease using the Mobile App. Your continued use of the Mobile App constitutes your continued agreement to the terms set forth herein.
3) Consent to the use of data.
You agree that M&H Production may collect and use technical data and related information, including but not limited to technical information about your device, system, and application software and peripherals, obtained periodically to enable M&H Production to provide you with software updates, product support, and other services (if any) related to the Mobile App.
M&H Production may use this information to improve your products or to provide services and technologies to you, as long as this information is not in a form that can be used to draw personal conclusions about you.
4) Term / Termination
(1) The MOBILE-APP license agreement is concluded for an indefinite period of time.
(2) The MOBILE-APP license agreement can be terminated by you or M&H Production at any time without notice.
(3) If you delete the Mobile App, this MOBILE APP License Agreement is automatically terminated.
(4) This MOBILE APP License Agreement ends automatically if M&H Production discontinues the Mobile App or if you download a new version or an update of the Mobile App. In addition, the provisions under section 10 of this MOBILE APP License Agreement shall apply.
(5) The MOBILE APP License Agreement will automatically terminate without notice if you violate any provisions of the MOBILE APP License Agreement.
(6) Upon termination of this MOBILE APP License Agreement, you shall cease using the Mobile App and destroy all copies of the Mobile App or any part thereof.
The Mobile-App provides sporadic access to websites, services and information of M&H Production as well as to websites, services and information of third parties (together and individually “Services”). Use of the Services may require Internet access and your agreement to additional terms of service.
6) Third Party Materials
(1) Certain Services may display, contain or make available third party content, data, information, applications or materials (“Third Party Materials”). Third Party Materials may be found to be offensive, indecent or objectionable or contain inappropriate language.
(2) You acknowledge and agree that M&H Production is not responsible for reviewing or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Subject to Section 13, M&H Production shall have no liability to you for any Third Party Content that you may find offensive, indecent or objectionable.
(3) Subject to Section 13, M&H Production assumes no liability or responsibility to you or any third party for any services, third party materials, or any other third party materials, products or services. Third party materials are offered solely as a courtesy.
(4) If and as far as this mobile app and/or services contain links to third party websites, the liability provisions under section 13 and section 14 apply.
7) Location Information
Location-based data provided as part of Services is for basic navigation purposes only and is not intended to be used in situations where precise location information is required or where incorrect, inaccurate or incomplete location-based data may result in death, personal injury, property damage or environmental damage. Neither M&H Production nor your content providers warrant the availability, accuracy, completeness, reliability or timeliness of any location information or location-related data displayed on the Services.
8) Contents protected by copyright
(1) The Services may contain copyrighted content, information or materials (“Copyrighted Content”) that are protected by applicable intellectual property or other laws, such as copyright laws. You agree not to use any Copyrighted Content except as permitted under the MOBILE APP License Agreement and for use of the Services.
(2) The trademarks, logos and service marks (“Marks”) displayed in the Mobile App and the Services offered by M&H Production are owned by M&H Production, your trademark licensors and third parties. The use of any Trademarks for the purpose of, but not limited to, using meta tags on other pages or websites on the Internet without the written consent of or third parties that own the Trademarks is prohibited.
(3) No part of the Services provided by M&H Production may be reproduced in any form or by any means. You will not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any unauthorized manner of any kind, including, but not limited to, unauthorized intrusion or encumbrance of network capacity. You will not use the Services in any manner that interferes with, abuses, disrupts, threatens, defames, or otherwise infringes or violates the rights of any third party.
(4) M&H Production is in no way responsible for any use by you in the sense of section 8 (3), neither for impairments, threats, defamation nor for offensive or illegal messages or transmissions that you may receive as a result of using these services.
9) Language and Local Rules
(1) The Mobile App, Services and Third Party Materials are intended for worldwide use, except where a MOBILE APP can only be obtained through a local source that provides for a regional restriction.
(2) The Services and Third Party Materials may not be made available in all languages or in all countries. M&H Production makes no representation that such third party services and materials are appropriate or available for use in any particular location. To the extent you choose to access such third party services or materials, you do so on your own initiative and you are responsible for compliance with applicable law, including but not limited to applicable local laws.
10) Modification, Suspension and Discontinuance
(1) M&H Production and its licensors reserve the right to modify, suspend, remove, block or permanently discontinue access to or the appearance of the Mobile App and the Services provided by at any time without notice.
(2) We may periodically require you to download and reinstall a new version of the Mobile App, subject to the terms of any new user license agreement.
(3) In no event will M&H Production be liable for removing or disabling the Mobile App or access to such services. Furthermore, the M&H Production can determine in any case, without notice and without liability, use or access restrictions for the Mobile-App and certain services.
11) Network operator
(1) The access and the use of the Mobile-App and the Services takes place via the network of a number of the mobile network operator or a service operator (stationary network connection). M&H Production does not operate these networks and has no control over the operating procedures of the respective operator. We will have no liability to you if circumstances beyond our control interrupt, prevent, or otherwise impair transmission, communication, dispatch, or performance, or otherwise cause such intactness, including, but not limited to, unavailability of cellular services, communications, network delays, cellular reception limitations, system failures, or disconnections. M&H Production assumes no responsibility for cellular or service provider services used to access the Services.
12) Data security
13) Limited warranty and disclaimer of warranty
(1) The Mobile App and any services performed by or offered through the Mobile App are provided “as is” with all faults present.
(2) You are advised that according to the current state of the art, despite the greatest conscientiousness and care, program errors cannot be excluded with 100% certainty.
(3) Unless expressly agreed otherwise, we do not warrant that the mobile app is suitable for purposes that go beyond the fulfillment of our contractual obligations.
(4) The rectification or replacement delivery shall only be deemed to have failed if we have been given sufficient opportunity to carry out a rectification or replacement delivery without this achieving the desired result, or if the rectification or replacement delivery has been unjustifiably refused by us. If the elimination of the defect by rectification or replacement delivery is associated with unjustifiable costs for us, we may refuse to eliminate the defect and refer you to your right to withdraw from the contract or to terminate the contract.
(5) In no case are you entitled to demand the source code of the mobile app with regard to defects.
(6) M&H Production does not guarantee:
(a) for the impairment of the use of the Mobile-App or
(b) for the fact that the functions contained in the mobile app or executed or offered services correspond to your requirements, and
(c) for the operation of the Mobile-App or the Services to be uninterrupted or error-free.
(1) Unless and to the extent otherwise provided in this MOBILE APP License Agreement, we will be liable to you except for:
(a) damages resulting from injury to life, body and health; or
(b) damages based on:
(i) intent or gross negligence; or
(ii) the assumption of a quality or durability guarantee within the meaning of § 443 BGB or
(iii) the violation of an essential contractual obligation or insofar as
(iv) from product liability or (v) for risks which we have specifically assumed,
(2) Essential contractual obligations, also so-called cardinal obligations in the sense of established case law, are obligations that make the proper execution of the MOBILE APP license agreement possible in the first place and on whose fulfillment the contractual partner of the user therefore relies and may rely.
(3) The obligation to pay compensation is limited to the foreseeable damage in the event of a breach of essential contractual obligations, unless there is intent or gross negligence, or liability exists due to injury to life, limb or health, or due to the assumption of a guarantee of quality or durability within the meaning of § 443 BGB (German Civil Code), or due to product liability.
(4) Our liability in the scope of application of § 44a TKG (Telecommunications Act) remains unaffected.
(5) A fault-based liability of M&H Production for defects existing at the time of conclusion of this MOBILE-APP license agreement according to §536a Abs. 1 BGB is hereby expressly excluded.
(6) The preceding liability exclusions and/or limitations are also valid with regard to the liability of the employees, workers, coworkers, representatives and executing aides of the M&H Production in particular in favor of the shareholders, coworkers, representatives, organs and their members, concerning their personal liability.
(1) You indemnify M&H Production, your licensors, sponsors, agencies and parent companies, subsidiaries, affiliates, officers and employees from any third party claims based on or resulting from your misuse of the Mobile App, based on the violation of provisions of this MOBILE APP License Agreement by you or other users of Services with your access ID or consent, if you have disclosed such data to an unauthorized person or have otherwise inadequately secured the data. You must use all reasonable efforts to cooperate with us in the defense of any such claim.
(2) We reserve the right to retain our own legal counsel at our own expense and to assume the exclusive defense and control of any such matter, subject to indemnification by you.
16) Lawful Use
(1) You may use or export or re-export the Mobile App only in compliance with all applicable laws of the country by which you obtained the Mobile App, U.S. and German law. In particular, you may not export or re-export the Mobile App to any country to which the U.S. has embargoed goods, or to any foreign national of such country; or to any person on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List.
(2) By using the Mobile App, you represent and warrant that you are not located in, a foreign national of, or on any of the countries listed in Section 16(1).
(3) You are prohibited from using this Mobile App for any purpose that is prohibited in the United States or under German law, including, but not limited to, the development, design, manufacture or production of nuclear, chemical, biological weapons or missiles.
17) Applicable law and place of jurisdiction
(1) The MOBILE APP License Agreement is governed by German law.
(2) Your use of the Mobile App may also be subject to other local, state, national or international laws.
18) Beneficiary Third Parties
(1) You agree that the Mobile Operating System Providers and their affiliates are beneficiary third parties to this MOBILE APP License Agreement and that the Mobile Operating System Providers, as beneficiary third parties, have the right (and the Mobile Operating System Providers are deemed to acknowledge this right) to enforce applicable portions of this MOBILE APP License Agreement against you – the End User.
(2) Notwithstanding the foregoing, we may cancel, modify, amend or terminate this MOBILE APP License Agreement in accordance with its terms, notwithstanding that the Mobile Operating System Providers have relied upon or consented to any provision of this MOBILE APP License Agreement. This MOBILE APP License Agreement is otherwise in the sole interest of the Parties and their successors and permitted assigns, and no provision of this Agreement shall be construed to give any person other than the Parties any statutory or other right under this MOBILE APP License Agreement.
19) Severability Clause / Completeness
(1) If one or more provisions of this MOBILE-APP License Agreement are or will be invalid, the validity of the rest of the MOBILE-APP License Agreement shall remain unaffected.
(2) This MOBILE APP License Agreement contains the entire agreement between you and M&H Production.
Please read the MOBILE-APP License Agreement thoroughly. Contact us and do not use the Mobile App or Services if the Agreement contains anything you do not agree to. In this way, we can prevent uncertainty about what is expected of you and us.
Status: October 2020Pu