Terms of Use

General Terms And Conditions Of Use For Using Paintball Coach App

1. Scope

1.1 Parties to the contract and subject matter of the contract

These General Terms and Conditions of Business form the basis of the user contract being formed between you and us, PB Technology Ltd (hereinafter referred to as "us" or "we"). The subject matter of this contract is the use, free of charge or for a fee, of the services we offer under the name Paintball Coach App via our mobile apps, (hereinafter referred to individually as "Paintball Coach App Service" or in general "Paintball Coach App").

2 Additional terms and conditions

We reserve the right to agree to additional terms and conditions for individual Paintball Coach App Services.

3. Paintball Coach App Services and Prices

3.1 Services free of charge or for a fee

The scope of the services included in Paintball Coach and the Paintball Coach App Services and available for use by you depends on the type of Paintball Coach App Service and whether you use the Paintball Coach App Services free of charge or for a fee. If you use it free of charge you only have access to certain basic functions and information of the respective Paintball Coach App Service. A more extensive range of functions is available to you if you enable the respective content modules (such as a training routine) separately in return for a subscription for the respective Paintball Coach App Service.

Please note that in order to use some of the Paintball Coach App Services to the full extent, certain equipment and training tools (such as a paintball marker, gym machine, dumbbells or a pull up bar) may be required. These are not part of the Paintball Coach App Services and need to be provided or purchased by you separately at your own costs.

4. Your Health

4.1 Terms and conditions with regard to your health

Use of the Paintball Coach App Services is at your own risk.

In any case a condition for the use of the Paintball Coach App Services is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you start the Paintball Coach App Services. This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures:

cardiovascular disease,
lung or respiratory disease (including asthma),
spinal and/or joint problems,
neuromuscular disease,
surgical procedures,
any other health issues

In addition our female athletes should note that pregnant women and breast-feeding mothers should not do the trainings and coachings offered by us.

The following general rules apply: Listen to what your body is telling you. Before using the Paintball Coach App Services for the first time or while using Paintball Coach App, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing with Paintball Coach App.

4.2 No substitute for medical advice

The services and information offered by Paintball Coach and the Paintball Coach Services do not constitute medical advice or a doctor's advice. Nor are they a substitute for a medical examination or treatment by a doctor.

4.3 Training Methods

Fitness is subject to constantly evolving knowledge in relation to health science and sports science. Although we base our trainings tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge.

5. Term of Validity

5.1 Subscriptions

Our subscriptions are offered with varying minimum terms of validity and are automatically renewed for the same minimum term that has been selected until you or we cancel them.

In order to avoid any misunderstanding, please note that the term of a subscription is determined by calendar and is independent from your use or extent of your use of the respective Paintball Coach App Service.

6. Terms and Conditions of Payment

6.1 Collection of fees

Fees are collected when the contract is concluded for purchases of additional services through the payment of a one-off sum. The fee is collected for the relevant minimum term when the contract is concluded for the purchase of a subscription. If the subscription is renewed automatically, the fee is collected in advance at the start of the relevant renewal period. Different terms and conditions apply if the fee is collected via iTunes; in this case the fee is already collected 24 hours before the start of the respective billing period.

6.2 Payment default

We reserve the right to assert further claims for late payments.

7. Payment Methods

If you purchase Paintball Coach App services for a fee via in-app purchases, the respective app-store supplier will bill you. Please consult this supplier to find out what payment methods are available.

If we incur costs and/or expenses because a payment is declined and this is your fault (e.g. because there are insufficient funds in the account or the credit card limit has already been exhausted), then we are entitled to bill you for the actual costs and/or expenses incurred.

If you incur fees when using a payment method, we will inform you of this during the purchase process. Payment providers may, at their discretion, offer you the option to pay in installments for a fee. This fee will be charged directly by the respective payment provider and is therefore payable directly to them. The terms and conditions of the respective payment provider apply. Please note that if you cancel your order, we will not be able to refund these fees.

Where there is a legitimate reason, we reserve the right for each purchase to refrain from offering certain payment methods and to specify alternative payment methods.

8. Liability for Defects

8.1 Statutory Provisions

Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.

8.2 Disclaimer of guarantees

We do not make any representations or guarantees that the use of the Paintball Coach App Services will bring the training- or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the Paintball Coach App Services.

9. Liability

9.1 General

Insofar as you are provided with guides or instructions in connection with the Paintball Coach App Services it is imperative that you follow them. Otherwise you risk being injured and your general health.

Insofar as you use equipment or training tools it is your responsibility to ensure that such equipment and tools are in good working condition and installed and/or set up properly.

You need to observe and respect our health safety notices in clause 4.

9.2 Liability for services provided free of charge

For services provided free of charge, we will be liable, regardless of the legal basis, exclusively for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for wilful misconduct. In the event of gross negligence or the absence of a guaranteed feature our liability is limited to reasonable, foreseeable damage. Otherwise, our liability is excluded.

9.3 Liability for services provided for a fee

In the case of services provided for a fee we have, regardless of the legal basis, unlimited liability in principle for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature.

If we breach a material contractual obligation as a result of slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfil the purpose of the contract, and on the fulfilment of which you as the consumer can rely or ought to be able to rely.

Our liability in the event of any injury to life, limb or health that is our fault remains unaffected by the above-mentioned limitations.

Otherwise, our liability is excluded.

9.4 Liability of our employees

To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.

10. Rights of Use over Paintball Coach App Content

Depending on which services have been enabled for you, or which services you have purchased, the services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites other than Paintball Coach App websites, is not permitted. The right of use will lapse when your access to the respective service is no longer enabled (e.g. after you have cancelled your subscription) or when your user contract ends.

11. Ending the Contract

11.1 Subscription

Every subscription for a Paintball Coach App Service must be cancelled individually. You can cancel the respective subscription without stating any reasons at any time effective at the end of the minimum contractual term or at the end of the respective renewal period. Subscriptions purchased via in-app purchase must be cancelled using the settings in the respective app store. If your subscription fee is collected via iTunes, contrary to the provisions above a notice period of 24 hours before the end of the minimum contractual term or before the end of the respective renewal period applies for technical reasons.

11.2 Cancellation for good cause

The right to cancel for good cause remains unaffected in the case of either party. In particular we are entitled to cancel your user contract or your subscription with immediate effect, and to cancel your user account, if you seriously or repeatedly breach the provisions of the user contract and/or these General Terms and Conditions of Business, or if you are in arrears with your payment obligations.

12. Personal Data

We process your personal data in accordance with our privacy policy; you can always retrieve the current version of these at www.paintballcoachapp.com/privacy-policy.

13. Changes to the General Terms and Conditions of Business

We hereby reserve the right to modify and adjust the general terms of business with future effect if this is required by the legal, regulatory, or technical environment, and if these changes are reasonable and take your interests into consideration.

14. Final Provisions

14.1 Applicable law

The relationship between the parties is governed exclusively by United Kingdom law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.

14.2 Place of jurisdiction

If you do not have a place of general jurisdiction in United Kingdom or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions of Business have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.

14.3 Severability clause

Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.