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terms of service

  1. General

    1. Loyalty2You (L2Y) is an app provided by Rubio & Ettrich Consulting GmbH with its address at Brahmsstrasse 38, 12203 Berlin, Germany (“we”, “us”, “our”). The L2Y app is available for iOS and Android mobile devices.

    2. L2Y helps users build the habit of running by providing step by step instructions and training plans, personalized feedback, insights and giving recommendations how to make running fun, improving fitness and contributing to positive overall well being. Along the way, L2Y educates users about the underlying principles of running and the behaviour of the human body in order to understand the proposed training plans and do effective workouts.

    3. By using the L2Y app, or any other of our services (jointly, the "Services"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you do not agree to these Terms of Service, you may not install or use our L2Y app or services. If you do use our L2Y app, we may assume that you accept the Terms of Service and agree to be a party to this Terms of Service.

    4. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE, YOU CONFIRM TO BE ACTING PURLEY ON BEHALF OF YOUR OWN (INDIVIDUAL). IF THIS IS NOT TRUE, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT USE THE SERVICES.

    5. These Terms of Service governs not only your use of our current services but also any future services provided to you that refer to these Terms of Service. This includes our Privacy Policy https://www.dalarub.com/l2y-privacy-policy, any orders, and any other referenced policies and attachments.

    6. We reserve the right to update and change the Terms of Service from time to time. We might inform you of this in advance to the email address you provided when registering. If we update these Terms of Service, you are free to accept them or terminate your use of our Services. If you continue to use our Services after the effective date of the update, this shall be deemed to constitute acceptance of the new terms of service and a declaration of consent to be bound by them. You can review the most current version of the Terms of Service at any time at: https://www.dalarub.com/l2y-terms-of-service.

    7. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Services after any such changes shall constitute your consent to such changes.

    8. Violation of any of the terms below may result in the immediate termination of your account without prior notice.

    9. The use of the L2Y app is – until further notice – free. However, in future we might charge for some content and Services.

    10. The failure of Rubio & Ettrich Consulting GmbH to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior versions of the Terms of Service.

  2. User Responsibilities

    1. The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

    2. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

    3. Your account must only be used by yourself, sharing the account is not permitted.

    4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, in each case without the express written permission by us.

    5. You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). In addition, you must not:

      • copy, frame or mirror any part of the Services;

      • probe, scan, or test the vulnerability of any system or network;

      • breach or otherwise circumvent any security or authentication measures;

      • access the Services to monitor its availability, performance or functionality

      • use, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to us

      • execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

      • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you have not been invited to;

      • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;

      • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);

      • send unsolicited communications;

      • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";

      • upload and store materials that are pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;

      • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;

      • violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading;

      • violate the privacy or infringe the rights of others (especially IP rights); or modify, adapt or hack the Services (or any part thereof) or modify another website or app so as to falsely imply that it is associated with the our Services.

    6. You understand that you are responsible for any charges associated with sending communications via your device.

  3. ​Third parties

    1. You understand that use of certain features, particularly the import of activity data, depends on certain third party providers (Strava, Garmin). While we may recommend the use of those providers, we shall have no responsibility for the use of those third party services or that those services function with our Services.

    2. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS AVAILABLE THROUGH THE SERVICES.

    3. You understand and acknowledge that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

  4. Intellectual property rights

    1. We grant you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by us.

    2. Unless expressly agreed otherwise in individual cases, we do not grant any rights, in particular but not limited to copyrights and rights of use, to materials not created by us, especially to texts, logos, graphics, photographs and layouts not created by us.

    3. We claim no intellectual property rights over the data you provide to the Services. Your profile and data uploaded remain yours.

  5. ​Liability

    1. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a Service.

    2. THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

    3. YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US.

    4. YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, CYCLING, RUNNING, OR FOLLOWING A L2Y TRAINING PLAN OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF US OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

    5. YOU EXPRESSLY AGREE TO RELEASE US, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF OUR WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY L2Y TRAINING PLAN), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY US (INCLUDING, WITHOUT LIMITATION, ANY L2Y TRAINING PLAN) WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

    6. OUR MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY EUROS (EUR 50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO US IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

  6. ​Indemnity

    1. You agree to indemnify and hold harmless us, our affiliates, representatives, employees, suppliers, distributors and other business partners for all claims, also those of third parties, liabilities, damages, losses, cost, expenses and taxes, including, without limitation, direct and indirect damages and expenses (including reasonable and appropriate dunning, operating and legal costs) arising from, or out of, (i) any violation of these Terms of Service attributable to you or a person attributable to you (e.g. an employee or subcontractor of yours), (ii) any violation of other applicable legal provisions such as applicable laws, (iii) any breach of a warranty or guarantee given in these Terms of Services, (iv) any claim, demand, suit or proceeding made or brought against us by a third party alleging that your content, or your use of the Services in violation of these Terms of Service, infringes or misappropriates the intellectual property rights of a third party or violates applicable law.

    2. Without limiting the generality of section 6.a, upon request of Rubio & Ettrich Consulting GmbH, you shall defend us against any claim, demand, suit or proceeding made or brought against us by a third party in connection with any circumstance set out in section 6.a (i) through (iv), provided that you may not acknowledge or settle any claim, demand, suit or proceeding, unless the settlement unconditionally releases us of all liability.

  7. ​Termination

    1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) after giving notice and setting a grace period of 7 days.

    2. We, in our sole discretion, have the right to suspend or terminate your account and/or access to our Services immediately any time without prior notice. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the deletion of all data and information in your account or associated with your account. Causes for such termination shall include:

      • breaches or violations of our Terms of Service

      • extended period of inactivity

      • request by you to terminate

    3. We reserve the right to refuse service to anyone for any reason at any time.

  8. ​Choice of law

    1. These Terms of Service and all rights and obligations of the parties arising out of or in connection with these Terms of Service shall be governed by and construed in accordance with German law excluding the conflict of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods from 11.04.1980 (CISG).

    2. All disputes arising out of or relating to these Terms of Service will be submitted to the exclusive jurisdiction of the state or federal courts of competent jurisdiction located in German, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.

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