General terms and conditions for the sections
Last revised: 5/4/2020
These General Terms and Conditions comprise six parts:
Part A contains general terms for all further sub-sections of these Terms and Conditions,
Part B contains additional terms applicable to the User account,
Part C contains additional terms applicable to the Online Academy,
Part D contains additional terms applicable to the Global Instructor Club,
Part E contains additional terms applicable to the Workout Builder,
Part F contains additional terms applicable to the App.
Part A General Terms and Conditions
A.1. Scope
A.1.1. These General Terms and Conditions (hereinafter “Terms and Conditions”) shall apply to all current and future legal relationships between the company Cy-Tech GmbH (hereinafter “the Supplier” or “we” / “us”/ “our”) and the User (hereinafter “the User” / “the Participant” or “you” / “your”) of the offerings and services (hereinafter referred to generally as "Services”) set out in these Terms and Conditions.
A.1.2. We reject any application of the User’s General Terms and Conditions, including in the absence of any contradiction with our Terms and Conditions.
A.2. Contractual relationship
A.2.1. The Provider
The Provider of the Services is the company Cy-Tech GmbH located at Happurger Straße 84 – 88, 90482 Nuremberg, Germany, Tel. +49911544450, Fax +4909115444529, e-mail: community@indoorcycling.com, web: www.indoorcycling.com
A.2.2. Object of agreement
We operate an interactive online platform at www.teamicg.online as well as apps (hereinafter “Apps”) for mobile devices, providing health-conscious customers who are interested in sports with services relating to indoor cycling. Use of the Services referred to in the following parts of these Terms and Conditions shall be made on the basis of a contractual relationship between Us and the User.
A.2.3. Conditions of use
A.2.3.1. Age of User
Users of our Services must be natural persons who are at least 16 years of age at the start of the contractual relationship.
A.2.3.2. Nature of the User
The User may make use of our Services in the capacity of an entrepreneur or consumer. An entrepreneur is anyone whose use involves them exercising their commercial or independent professional activity. A consumer is anyone whose use is for a purpose other than their commercial or independent professional activity. Insofar as the following terms do not distinguish between entrepreneurs and consumers, they shall apply to both groups.
A.2.3.3. Special conditions of use
Some individual Services are subject to special conditions of use (see also Parts B. - F. of these Terms and Conditions).
A.2.4 Registering with a User Account
With the exception of visiting our website and viewing the information provided there, use of the respective Services requires users to register and set up a User Account so that they can subsequently log in (see also Part B.).
A.2.5. Free and chargeable Services
A.2.5.1. The following Services may be used free of charge:
- The website www.teamicg.online, where we provide information about our offers and from which our different Services can be launched
- Workout Builder (Basic version)
- App for mobile devices
Further details are provided in Parts C. – F. of these Terms and Conditions.
A.2.5.2. The following Services are subject to a charge:
- Online Academy modules
- Global Instructor Club
- Workout Builder (Pro version)
Further details are provided in Parts C. – F. of these Terms and Conditions.
A.2.6. Basis of contractual relationship
In providing our Services we are offering the conclusion of a user agreement for the respective Service based on the conditions as detailed in the respective description of that service. For Services that do not require users to register, the contractual relationship shall begin upon the Service being used. For Services that do require users to register, the use shall begin when the User registers for the service for the first time. With regard to Services for which there is a charge, by activating (clicking) the “Book now” link in the form to register for the Service, you are making us a binding offer to conclude an agreement on use of the respective Service. The user agreement shall enter into force upon our acceptance of the agreement and shall commence on the date of our acceptance. We will send you an e-mail confirming your registration and our acceptance of the agreement. You shall be bound to your issuing of an offer for two weeks.
A.2.7. No permanent storage of contractual texts
The text of the Agreement and/or the basis of the contractual relationship is not stored by us in reproducible form and will not be permanently available for your to download.
A.2.8. Right of use
We grant you the non-exclusive right for the duration of the agreement to use the Services offered for the respective area (simple right of use) and to purchase further services where applicable. Our Services may be used on up to 2 devices simultaneously. No further rights of use are granted to you. In particular, you may not (a) copy, duplicate, save, archive, process, make publicly accessible, send or otherwise disseminate or make commercial use of the content of the Services insofar as this does not form part of our Services, (b) transfer the right to use our Services to third parties or grant third parties other rights of use (sub-licenses); this also means that the User may not give their login details for the User Account to third parties.
A.2.9. Availability of the Services
We guarantee 99% availability of the online offering, calculated on the basis of the calendar year. Not included in this availability are periods of non-availability that (a) are caused by the User not creating the required technical conditions for accessing the Services, (b) are caused by faults in the data communication system or for which the data communication provider is responsible, and (c) are downtimes due to cases of force majeure or other cases where the cause lies outside of our responsibility, particularly in the case of storm damage or disruption to telecommunication networks. Also not included are any periods of non-availability due to routine maintenance work or updates or required maintenance for which an advance warning is given.
A.2.10. Right to make adjustments to Services
We reserve the right to make adjustments and changes to the content, scope and functionalities of the Services, particularly as a result of technological developments, new findings in sport science or changes to our training processes and methods, taking due account of the User's interests.
A.3. Obligations and duties of the User (general)
A.3.1. System requirements
In order to use the Services you must have suitable devices (e.g. PC, laptop, tablet, smartphone) with standard up-to-date software (e.g. web browser, pdf reader) for data processing and to ensure a sufficiently good and reliable internet connection and electricity supply. You must bear the associated costs of this. You must have sufficient storage capacity if using the Services involves data being stored on your devices. If you delete data stored on your device or if data can no longer be accessed from your device, it is possible that the functionality of our Services may be restricted in full or in part. It might not be possible to restore data that you delete.
A.3.2. Health information
Implementation of our Services doe not initially require any physical activity. Physical implementation of the theoretical content is not part of our Service and is done at your own responsibility and risk. Please note for your protection that practical implementation can require a high level of physical effort for which the participants must have the required level of physical fitness and suitable training equipment. We recommend that you attend practical training and professional development courses in addition to our Services and that you have a check-up with a sports physician. Do not over-exert yourself. Stop immediately if you become dizzy or feel unwell and consult a doctor. The Coach by Color® color zones used are for guidance only.
A.3.3. Protection of copyright, trade marks and other property rights
The Services that we provide and their content (e.g. Images, graphics, text) are legally protected by copyright, trade marks and other property rights. You may only make use of them to the extent expressly granted to you. “ICG” and “TeamICG” are registered trade marks of Life Fitness, LLC.
A.4. Fees for charged services
A.4.1. Service prices
A.4.1.1.Price and service information in offer description
The prices, the scope, and the terms and conditions of our Services are detailed in the offer texts for the individual Services on our website www.teamicg.online. With regard to charged Services, the stated fees shall apply upon the conclusion of the Agreement. In the absence of any provision to the contrary, the prices are in euro and include value-added tax at the statutory rate; this will be shown separately on the invoice. No cash discounts are available and payment may not be made in installments.
A.4.1.2. Right to adjust prices in the event of a change to rate of statutory value-added tax
In the case of monthly payment or payments following an extension of the Agreement, we may increase the fee agreed at the time of the Agreement being concluded if there is an increase in the statutory rate of value-added tax, with the increase in the monthly fee being limited to the increased rate of value-added tax. We will send you an e-mail notifying you that we are exercising this right to increase prices. The price increase shall apply from the first of the month following the date on which you receive the notification. If the statutory rate of value-added tax is reduced, the monthly fee shall be reduced accordingly. The reduction shall take effect from the date on which the value-added tax rates are reduced.
A.4.1.3. For continuing obligations we may increase our prices provided that the increase does not exceed 7% of the price for the respective service within a year of the previous price increase or 15% of the previously applicable prices in the three years following the most recent price increase and provided that the price increase corresponds to the cost increase incurred by us in relation to the creation and provision of the services, particularly the costs involved with maintenance, repairs and development. This shall similarly apply if we wish to make changes that extend beyond the insignificant to the scope of service packages. Users shall be informed of any price increases in advance by e-mail. In the absence of any different timescale in the notification of the change, the new price shall take effect at the start of the second month following the month in which the User receives the notification. The User may give extraordinary notice of termination within four weeks of receipt of the notification of the price increase. If the User does not exercise this right and has been informed of this legal consequence in the notification of the price increase, the Agreement shall continue on the basis of the modified prices.
A.4.2. Due dates and late payment
The Participant is required to pay in advance for the respective period of the agreed term of use. If monthly payments have been agreed this shall apply to the respective month. Payment shall be due following registration using the payment means selected by you. We reserve the right not to provide documentation and attendance certificates until payment has been made or to restrict access that has already been granted if payment is not paid or is reversed.
In the event that you fall into arrears, we reserve the right to charge you late payment costs if these causes have been culpably caused by you. This shall include penalty interest at the statutory rate as well as the costs of any related legal action to recover costs. In the event that you are two months in arrears, we may proceed with the extraordinary termination of the Agreement for good cause. We reserve the right to assert claims for further damages to the extent permitted by law.
A.4.3. Processing of payments
A.4.3.1. Payment via PayPal
Payments to us may only be made via PayPal (www.paypal.com), which will handle the payment process between you and us. You may select a form of payment from the various methods offered by the service provider under the “PayPal Plus” option. Some of the payment methods offered by PayPal require you to register with PayPal; this is free of charge. PayPal offers forms of payment that enable you to pay without incurring any fees. Other payment methods incur additional costs that the User is required to pay to PayPal. For further details please refer to the offers from the service provider PayPal (www.paypal.com).
A.4.3.2. Using a Service as part of a package offer
If the Service forms part of a service package that you have purchased, the Service may also be used as part of that package. No separate payment shall be required. Instead, please state the name of the package when selecting form of payment. This is only possible if the selected service forms part of another offer and if the same User Account is used.
A.4.4. Concessions, discounts, vouchers
Any concessions, discounts and vouchers shall be credited in accordance with the terms of the relevant arrangement, advertising campaign or issuing. Use of such a concession must be mentioned during registration; any subsequent claim to a reduction or refund shall not be permitted. It is not possible to combine different concessions, discounts and vouchers for the same event and same participant.
A.4.5. Offsetting and counterclaims
You shall only have a right of set-off if your counterclaims have been legally established as final and absolute, are undisputed and are recognized by us. Potential counterclaims shall remain unaffected insofar as these have arisen within the same contractual relationship.
A.5. Liability
A.5.1. Our liability for any breach of our contractual obligations or for an offense shall be limited to willful intent and gross negligence. This shall not apply to the loss of life, physical injury and damage to health affecting the Participant, to claims relating to the breach of cardinal obligations (i.e. obligations relating to the nature of the Agreement and non-fulfillment of which risks the achievement of the object of the Agreement) or to compensation for damages caused by delay (Article 286 of the German Civil Code); to this extent we shall be liable irrespective of the degree of fault. Liability in the event of a breach of essential contractual obligations shall be limited to typically foreseeable damage. In cases of minor negligence, the claim shall become statute-barred within one year of the date on which the claim arises provided that the damage does not relate to loss of life, physical injury or damage to health.
A.5.2. Insofar as liability is excluded or limited, this shall similarly apply in relation to the personal liability for damages of our staff, employees, workers, representatives and agents.
A.6. Right to cancel for consumers / Cancellation policy for consumers
We grant consumers the following right to cancel.
A.6.1. Cancellation policy
Right to cancel
You may cancel this Agreement within fourteen days without giving a reason.
The cancellation period is 14 days from the date on which the Agreement is concluded.
In order to cancel, you must contact us (Cy-Tech GmbH, Happurger Straße 84-88, 90482 Nuremberg, Tel. +49911544450, Fax +4909115444529, e-mail: community@indoorcycling.com) and clearly inform us (e.g. by means of a letter, fax or e-mail) that you wish to cancel the Agreement. You may use the attached template to cancel but this is not a prerequisite.
To comply with the cancellation period, you must send off notification of your decision to cancel before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this Agreement we shall refund all payments that we have received from you including delivery costs (with the exception of additional costs incurred as a result of you selecting a different form of delivery and not the cheapest standard delivery option offered by us) immediately and by no later than fourteen days from the date on which we receive notification that you wish to cancel. We will use the same payment method to pay the refund as used by you for the original transaction in the absence of any express agreement with you to the contrary; under no circumstances will you be charged fees for this refund.
Expiry of right to cancel
The right to cancel shall expire in relation to an agreement on the delivery of digital content that is not stored on a physical data medium if the entrepreneur begins performance of the Agreement after the consumer has expressly agreed to the entrepreneur beginning said performance prior to the expiry of the cancellation period and has confirmed being aware of the fact that they are giving up their right to cancel by giving such consent.
End of cancellation policy
A.6.2. Cancellation template
(If you wish to cancel the Agreement, please complete this form and return it to us.)
- By post to Cy-Tech GmbH, Happurger Straße 84-88, 90482 Nuremberg or by fax: +4909115444529 or by e-mail: community@indoorcycling.com
- I/we(*) hereby cancel the Agreement that I/we(*) entered into with regard to the purchase of the following goods(*)/the provision of the following services(*).
- Ordered on(*)/received on(*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if providing notification on paper)
- Date
(*) delete as applicable
A.7. Termination of contractual relationship / cancellation
A.7.1. Services that do not require registration
For Services that do not require registration, the contractual relationship shall end when the User stops making use of the Service without the need for any further declaration from you or us. This happens when you close the web page or app.
A.7.2. Free Services (requiring registration)
For free Services that require registration, the contractual relationship shall end when the User stops making use of the Service without the need for any further declaration from you or us. This happens when the User logs out of the Service and/or closes the web page or app. The user data generated when the respective Service is being used is linked to your User Account and stored by us or on your device. The stored user data will be available for any subsequent use of the Service in the future provided that the User retains their User Account and the data stored on their device can be accessed. The contractual relationship with regard to the User Account service, although free of charge, shall only end if the User actively deletes the User Account. For further information on User Accounts see Part B. For further information on data storage on devices, please refer to the operating instructions for your device.
A.7.3. Charged Services (requiring registration)
With regard to charged Services, the contractual relationship shall not end when the User stops using the Services and in particular neither logging out of the Service nor closing the web page / closing or deleting the app on the mobile device shall result in the contractual relationship being terminated. The contractual relationship with regard to charged Services shall end either when the agreed term expires or on the basis of a separate declaration by the User. Further details on terminating the Services are provide din Parts C. to F. of these Terms and Conditions.
A.8.3. Right to extraordinary termination
The right of both parties to extraordinary termination for good cause shall remain unaffected by the above. Good cause shall be deemed to exist in particular if the User repeatedly and culpably breaches their obligations and duties arising out of the contractual relationship and we cannot therefore reasonably be expected to continue that relationship.
A.7.4. Notice of cancellation by the User
You may inform us that you are canceling by clicking on the “Cancel membership” button or by sending an e-mail (community@indoorcycling.com) in which you include the e-mail address used to register your User Account.
A.8. Place of performance, place of jurisdiction, choice of law, contract language
A.8.1. Place of performance
The place of performance for our Services and the place of payment is the place at which we have our registered office. The statutory rules on place of jurisdiction shall remain unaffected in the absence of any provision to the contrary in the following paragraph.
A.8.2. If the User is a consumer and has no general place of jurisdiction in Germany or in another Member State of the European Union, the sole place of jurisdiction for all disputes arising out of this Agreement shall be the place at which we have our registered office. If the customer is an entrepreneur, the sole place of jurisdiction for all disputes arising out of this Agreement shall be the place at which we have our registered office.
A.8.3. This Agreement shall be subject to the law of the Federal Republic of Germany.
A.8.4. The language of the Agreement is German. As well as being available in Germany, our website interface, the description of our Services, our privacy notice and these Terms and Conditions have been translated into other languages for your convenience. The content of the different versions is the same. In case of doubt, the content of the German text shall be legally binding.
A.9. Data protection
When you use our Services, your personal data will be processed by us and by third parties. The form and scope of this data processing are defined in the privacy notice available to view at any time on our website.
A.10. Out-of-court dispute resolution
As the provider of online service agreements we are obliged to refer consumers to the European Commission's Online Dispute Resolution platform, which is available here: https://webgate.ec.europa.eu/odr We are not obliged or willing to participate in dispute resolution proceedings before a consumer protection arbitration body.
A.11. Amendments to these Terms and Conditions
We reserve the right to amend these Terms and Conditions with effect for the future where required for relevant reasons and in particular as a result of a change in the legal position or supreme case law, court or official decisions, technical changes or developments, new organizational requirements for mass communication, loopholes in the Terms and Conditions, new services, changes in the market situation or other equivalent reasons, and provided that the User is not unreasonably and unilaterally disadvantaged as a result. We will notify you of the intended changes six weeks before their entry into force and inform you in writing of your right to object. The changes shall be deemed to have been accepted if you do not submit your written objection to us within six weeks (as of the date on which you receive the written notification of the change). If you object to the change we reserve the right to ordinary termination in relation to offerings with an unlimited term. With regard to services that are provided free of charge, we may amend, rescind or replace the Terms and Conditions at any time.
Part B. User Account
B.1 Scope
Part B. applies in addition to Part A. to the relationship between the User and us with regard to the User Account (hereinafter also “User Account”).
B.2. Creating a User Account
To use our Services you must first register, which is free of charge, so that you can set up your personal User Account. The user data generated when using the respective Service is linked to your User Account and stored by us or on your device.
B.3. Conditions of use
B.3.1. Natural persons may register for our Services for their own personal use. Partnerships or other groupings and corporations may not register.
B.3.2. The minimum age for users of our Services and to register for a User Account is 16. Users must have full legal capacity.
B.4. Registration
B.4.1. How to register
Users can register in the following different ways:
B.4.1.1. Users can register via the website www.teamicg.online by clicking on “Sign Up Now” under the My Account button.
B.4.1.2. Users can also use the App (see also Part F.) to register by clicking on “Sign Up”.
B.4.2. User data and password
B.4.2.1. User data
Users must enter data in a registration form in order to register. Some of the data is compulsory and is labeled as such. This includes, in particular, first name, surname (made-up user names and pseudonyms are not permitted), address, zip code, city, e-mail address, telephone number, fitness level, weight, gender. We require this data in order to deliver our Services.
B.4.2.2. Accuracy and completeness of data and changes to user data
The User is responsible for entering accurate and complete data during the registration process. Any changes to this required data must be notified immediately via the User Account. If the data entered is incorrect or incomplete or if required changes are not made, or if we have reason to believe that this is the case, we reserve the right to block or remove the User Account and to withhold current or future use of the Services.
B.4.2.3. Password
The User must assign a password to their User Account when registering. This must be kept secret. The password may be changed in the User Account at any time. The password must be changed immediately if a third party becomes aware of it or in the event that its disclosure to a third party is suspected. If the User has forgotten the password they can use the “Forgot password” function, which is also available when logging in to the User Account, to request a new password free of charge.
B.5. Termination of contractual relationship
B.5.1. Cancellation of User Account
The User may delete their User Account at any time via the “Delete my account” button in the “My Account” submenu on the website. The User Account can also be deleted in the App under “Profile” in the “About Me” submenu by clicking the“Delete Account” button. After clicking on the delete option the User will be reminded of the consequences of deleting and asked to confirm that they wish to delete the User Account (see B.5.2.). By clicking to confirm, the user terminates the contractual relationship with us with immediate effect.
B.5.2. Consequences of canceling the User AccountB.5.2.1.Termination of contractual relationship
By giving notice in this way, the User Account contractual relationship is ended. The User Account cannot be recovered. If the conditions for the creation of a User Account are met, a new User Account can be set up.
B.5.2.2. Deletion of user data
All user data is deleted insofar as and provided that it is not required to wind up the previous contractual relationship; this applies in particular to offerings for which there is a charge. The data from a previous User Account cannot be transferred to a new User Account.
B.5.2.3. Cancellation of free services subject to compulsory registration
The User shall have no further access to those Services that require users to log in with a User Account and for which the user was registered with the User Account (see also the other sections of these Terms and Conditions and references to “Compulsory registration”). Canceling the User Account means canceling the free services for which users are required to log in. The stored data for other Services linked to the User Account will be deleted (see also the other sections of these Terms and Conditions and references to “Cancellation” of the contractual relationship). The user data from other Services cannot be restored and transferred to a new User Account.
B.5.2.4. Cancellation of services for which there is a charge
Canceling the User Account means canceling the services for which there is a charge. These shall end on the next possible date for ordinary termination of the Services. The Service cannot be used during the period between deletion of the User Account and the date on which cancellation takes effect. The agreed fee for the Services shall continue to be payable until the date on which cancellation takes effect. The stored data for charged Services linked to the User Account will be deleted (see also the other sections of these Terms and Conditions and references to “Cancellation” of the contractual relationship). The user data from other Services cannot be restored or transferred to a new User Account after notice of cancellation. There shall be no entitlement to a refund of fees for Services that were not used in full as a result of the contractual relationship being terminated.
Part C. Online Academy
C.1. Scope
Part C. applies in addition to Part A. to the relationship between the User and us with regard to use of the Online Academy application (individual courses offered as part of this Online Academy referred to hereinafter as “modules”).
C.2. Special conditions of use
The offering is essentially aimed at all interested parties in the absence of any express restriction of the target group of participants in any description of a specific Online Academy module.
C.3. Access and compulsory registration
Users can access the application via our website www.teamicg.online. Users must log in using their User Account.
C.4. Fees and due dates
C.4.1. Charged service
There is fee for each individual Online Academy module. The Academy modules can be selected from the Online Academy section of the website www.teamicg.online and the contractual relationship confirmed by linking to the User Account. Details of the fee for each Online Academy module are provided in the service description.
C.4.2. Payment method and due date
The fee is payable in one installment and is due upon the conclusion of the Agreement.
C.4.3. Start date
The contractual relationship begins on the date on which we accept your application for the respective Online Academy module (conclusion of Agreement).
C.5. Service offerings
C.5.1. Documentation
The Online Academy is based on written documentation that is available digitally and which you can access online via the Internet; the documents are not available offline. The file is available in a web/browser view. The documents are provided in a range of languages as referred to in the Online Academy module offering, all of which are available to you. They are not limited to one language and can be changed at any time. Users have no entitlement to documents in further languages. Physical events with trainers or instructors to convey the content of the documents or further theoretical and practical knowledge and skills are not provided as part of the Academy.
C.5.2. Clarification of right of use
For the duration of the contractual relationship the Participant has the right to view the documents relating to the respective Online Academy module online and to complete the assessment. There are no restrictions on how often or for how long the documents are viewed. The texts are not provided as downloads or sent as files, unless this service is expressly offered by us in special cases. Participants may not duplicate or disseminate the documents or their content or make them publicly available, They may not remove any technical measure protecting them or any references to copyright or other protected rights.
C.5.3. Assessment
There is an assessment for each Online Academy module. The assessment takes place online. Participants must answer a defined number of multiple-choice questions on the program content. A minimum mark is required to pass the assessment. The assessment can be repeated as often as necessary until the candidate correctly answers a sufficiently high number of questions in one attempt. Participants are free to choose when they sit the assessment and how many times they repeat it if necessary. Once participants have passed the assessment they can no longer retake the test. They will receive a certificate confirming their achievement. We will provide you with your certificate online in the form of a a pdf file. Certificates will only be prepared in English. No other languages are available.
C.6. Changes to and removal of service offerings
C.6.1. Changes to documentation; removal of modules
We reserve the right to make changes to the content of the Online Academy modules and to the content, scope, didactics and presentation of the documents, particularly in order to update or improve our service offerings. Users have no entitlement to previous documents remaining available after such changes. We also reserve the right to delete modules from our offering or to put together new offerings.
C.6.2. Consequences for the user if documents or modules are changed
In the event of documents that are available at the time o the Agreement being concluded between you and us being significantly changed or the module being removed, the documents will cease to be available online. We will give you six weeks’ warning if any program is to be ended. You will then have the opportunity to request the documents for that program from us by e-mail, which we will provide free of charge. The assessment for a module that is being removed can be taken online within the remaining period until the removal of the module. Otherwise, there will be no assessment and no certificate can be awarded.
Upon the sending of the documents in file format, the user will acquire a right to use the documentation that is non-exclusive, may be not sub-licensed, may not be transferred to third parties and that applies for an unlimited period of time. No further rights to the content will be acquired as a result of this process. In particular, the user may not make the content of the documents available to third parties or make them publicly available.
C.6.3. Change to assessment
We reserve the right to change the form, content and organization of our assessments. Regardless of participation in the assessment or successful completion of the assessment, the Participant will continue to have access to the Online Academy content for the respective program.
C.6.4. Change to attendance certificates
We also reserve the right to make changes to attendance certificates, particularly in relation to wording, presentation and design. The circumstances referred to above shall not give the customer a right of withdrawal or right to a lower price with regard to the purchased program.
C.7. Term of the contractual relationship and termination
C.7.1. Term
Upon the conclusion of the Agreement, the user is given a right of use, initially for an unlimited period of time, which will end in accordance with the following provisions.
C.7.2. Termination after 3 years without use
The contractual relationship in relation to the respective Online Academy module shall end if the Participant has not logged in via their User Account to view the documents for the module for a period of more than 3 years. It will then no longer be possible to access that Online Academy module.
C.7.3. Termination through deletion of User Account.
The contractual relationship shall end if the Participant deletes the User Account (see B.5.2.4.).
Part D. Global ICG® Instructor Club
D.1. Scope
Part D. applies in addition to Part A. to the relationship between the User and us with regard to use of the Global Instructor Club application.D.2. Special conditions of use
The offer is aimed at all interested parties.
D.3. Access and compulsory registration
Users have access via our website www.teamicg.online. All users must register for this Service by setting up a User Account.
D.4. Fees and due dates
D.4.1. Fees
There is a charge for the service. It can be selected from the Global ICG® Instructor Club section of the website www.teamicg.online and the contractual relationship confirmed by linking to the User Account. Details of the fee for the Global Instructor Club are provided in the service description.
D.4.2. Payment method and due date
The fee is payable monthly in advance, with effect from the Agreement’s start date.
D.4.3. Start date
The contractual relationship begins on the date on which we accept your application (conclusion of Agreement).
D.5. Service offerings
The User shall receive service offerings from the Online Academy, Workout Builder basic/pro and App services as detailed in the descriptions. To stop receiving the service offerings, the User should log on to the respective services.
D.6. Term of the contractual relationship and termination
D.6.1. Term
The length of the Agreement depends on the selected service offering (currently 1 month or 12 months).
D.6.2. Termination of contractual relationships with a 1-month term
Contractual relationships with a 1-month term shall end on expiry of the term without the need for any further declarations.
D.6.3. Termination of contractual relationships with a 12-month term
Contractual relationships with a 12-month term shall be extended by a further 12 months unless the relationship is terminated by one of the parties no later than 1 month before the term is due to expire.
D.6.4. Termination through deletion of User Account.
The contractual relationship shall also end if the Participant deletes the User Account (see B.5.2.4.).
Part E. Workout Builder Basic & Pro
E.1. Scope
Part E. applies in addition to Part A. to the relationship between the User and us with regard to use of the Workout Builder.
E.2. Special conditions of participation
The offer is aimed at all interested parties.
E.3. Access and compulsory registration
Users have access to the application via our website www.teamicg.online. All users must register for this Service by setting up a User Account.
E.4. Fees and due dates
E.4.1. Fees
E.4.1.1. Basic version
The basic version is available free of charge. It can be selected from the Workout Builder section of the website www.teamicg.online and the contractual relationship confirmed by linking to the User Account.
E.4.1.2 Pro version
There is a charge for the pro version, which offers greater functionality. It can be selected from the Workout Builder section of the website www.teamicg.online and the contractual relationship confirmed by linking to the user account. Details of the fee for this version are provided in the service description.
E.4.2. Payment method and due date
The fee is payable monthly in advance, with effect from the Agreement’s start date.
E.4.3. Start date
The contractual relationship begins on the date on which we accept your application (conclusion of Agreement).
E.5. Service offerings
The service offering provided in the context of these Services is set out in the description of our offering.
E.5.1. Workouts
E.5.1.1. Creating and saving workouts
The Service can be used to design individual training sessions for indoor cycling (hereinafter “workouts”). The workouts can then be played using the app. Users should ensure that the content and level of difficulty of the workouts created take into account the general health and fitness level of the workout user in terms of the level of physical effort required (encompassing in particular duration of session, cadence and training level); this cannot be guaranteed by the Service. Users can save the workouts that they have created linked to their User Account.
E.5.1.2. Rights to created workouts
Users acquire no further rights to the workouts that they create. As a precaution the user unconditionally, permanently and irrevocably assigns all rights of use to us; we accept this assignment.
E.5.2. Sharing workouts
Users may share the workouts that they have created via Facebook. This requires a Facebook account, which establishes a legal relationship with Facebook Inc. Further information is available at www.facebook.com. Facebook activities are governed by the Facebook rules and guidelines, particularly with regard to appropriate behavior on social networks. We reserve the right to exclude from our Services any users who breach Facebook’s behavior guidelines repeatedly or particularly seriously and who disadvantage or harm other users of our Services as a result.
E.6. Termination of the contractual relationship and extension of the Agreement
E.6.1. Workout Builder Pro
The Pro Version, for which a fee is charged, has a contractual term of 1 month and is automatically extended by a further month unless terminated before the end of the month. If the Service forms part of another service offering, the terms and cancellation conditions of that offering shall apply accordingly.
E.6.2. Termination as a result of deletion of the User Account (Workout Builder basic & pro)
The contractual relationship shall end if the Participant deletes the User Account (see B.5.2.4.).
Part F. App
F.1. Scope
Part F. applies in addition to Part A. to the relationship between the User and us with regard to use of the app for mobile devices.
F.2. Special conditions of participation
The offer is aimed at all interested parties.
F.3. Use on user’s own device with the installed application (hereinafter “App”).
The Service is not used via our website but using an App provided by us, operated with an up-to-date Android or IOS operating system on a suitable device. The App can be downloaded and installed on the user’s device free of charge from the Google Playstore (Google LLC.) under the name “ICG” or from the Apple App Store (Apple Inc.) under the name “ICG App”; there is not currently any other way to acquire the App. Further information on the hardware and software requirements, download and installation processes, and terms and conditions of use is available from the provider of your device and App store providers referred to above. The App requires access to bluetooth and location services in order to guarantee its full functionality.
F.4. Compulsory registration
Users must register for this Service by setting up a User Account. The Participant must be registered with a User Account for the duration of their service use.
F.5. Fees
The service is free of charge. Users can find information about the Service and its scope on the website www.teamicg.online in the “App” section and can (only) use the Service via the app. The contractual relationship must be confirmed by linking to the User Account.
F.6. Service offerings
The service offering provided in the context of these Services is set out in the description of our offering here on the ICG® App site.
F.6.1. Own workouts
Users can use the App to open and play workouts that they have created themselves using the Workout Builder.
F.6.2. Third-party workouts
Users can use the App on their device to open and play workouts that other users have created using the Workout Builder service and made available via Facebook.
F.6.3. Practical implementation of the workouts on training equipment
Practical implementation of the workouts contained in the App is only intended for stationary indoor cycling bikes (hereinafter “indoor cycling bikes”). Use of a “Life Fitness powered by ICG®” brand IC5-IC8 indoor cycling bike is recommended as this is the only bike that can provide the App’s full functionality. User should also take care to ensure that their device is securely attached to or placed on the indoor cycling bike. Please refer to the operating instructions for your training bike in relation to other settings and how to use the bike properly. Once again, please note for your protection that practical implementation of a workout can require a high level of physical effort for which the participants must have the required level of physical fitness and suitable training equipment. Stop immediately if you become dizzy or feel unwell and consult a doctor.
F.7. Changes to the service offering
We reserve the right to make required and expedient improvements to the function, operation and design of the App. You should always download and install the most up-to-date version of the app from the App Store or Playstore in order to guarantee full functionality.
F.8. Termination of contractual relationship
The contractual relationship shall end if the Participant deletes the User Account (see B.5.2.4.).