Terms of Use for the BLACKROLL® CLIMATE FLOW TOPPER APP

(hereinafter “Terms of Use”)

1.1. The following Terms of Use govern your use as a user (hereinafter “User”) of the BLACKROLL app (hereinafter “App”), which is available for download from the Apple and Google app stores and provided by BLACKROLL AG, Hauptstraße 17, CH-8598 Bottighofen, Switzerland (hereinafter “BLACKROLL”). The App offers various services free of charge, in particular regarding exercises with BLACKROLL products (hereinafter “Services”). The use of the App and the Services is governed exclusively by these Terms of Use in their currently valid version.

1.2. By installing and using the App and availing themselves of the Service Offering, the User accepts the applicability of these Terms of Use in their currently valid version.

1.3. Any deviating, supplementary, or conflicting terms and conditions of the User shall not be recognized unless BLACKROLL expressly agrees to their validity in writing.

1.4. The services may only be used in their current version. In order to use the app, the user may from time to time be required to download and install a new version of the app.

1.5. For deliveries and services resulting from an order placed in BLACKROLL’s online store, which is available via the Internet at shop.blackroll.de, these Terms of Use do not apply; instead, only BLACKROLL’s General Terms and Conditions, available there in their currently valid version, apply exclusively.

1.6. For deliveries and services resulting from an order placed in the web shop of an independent distributor of BLACKROLL products (hereinafter “Distributor”), which is linked to from this app, only the General Terms and Conditions available there shall apply. In this case, a contractual relationship is established exclusively with the respective Distributor and not with BLACKROLL.

2.1. Use of the services and performance of the exercises, including movement analysis, are at the user’s own risk. This includes, in particular, configuring a workout on one’s own, selecting a pre-created workout, or performing movement analysis to create a personalized training plan.

2.2. BLACKROLL recommends that users consult a physical therapist, manual therapist, massage therapist, physician, or specialist for an examination and advice before performing any exercises, particularly if they have any doubts and/or are experiencing severe pain or recurring injuries.

2.3. The exercises presented in the service offering should not be performed by pregnant or breastfeeding women.

3.1. BLACKROLL provides exercises for BLACKROLL products (so-called “rollouts” or other workouts) free of charge to private end users via the app.

3.2. In providing the services through the app, BLACKROLL may use certain services or software from third-party providers, which are identified accordingly. BLACKROLL notes that the general terms and conditions or license terms of the respective third-party provider apply in this regard.

3.3. BLACKROLL exercises the due care customary in the business when selecting, maintaining, and editing the content of the service offering. However, BLACKROLL cannot assume any warranty or guarantee regarding the accuracy, completeness, or timeliness of the service offering provided free of charge.

3.4. The provisions under Section 9 of these Terms of Use remain unaffected by the above provisions in Sections 3.2 and 3.3.

3.5. BLACKROLL is entitled at any time to modify the service offering provided free of charge, to make new services or features available either free of charge or for a fee, and to discontinue services or features provided free of charge. In doing so, BLACKROLL will take the legitimate interests of the users into account.

3.6. The user has no right to updates to the app or the range of services.

4.1. Minors are only permitted to use the service offering if they have the appropriate consent from their legal guardians.

4.2. BLACKROLL provides the Service free of charge. Costs may be incurred in connection with the use of the app, particularly due to data transfer charges from the respective network provider. These costs must be borne by the user.

4.3. Before using the app for the first time, the user must select a country, which assigns the user to a specific regional area; this affects, in particular, the third-party content displayed and the online store linked within the app. The app is available only in the selectable countries. This selection can be adjusted later in the app’s settings. Furthermore, BLACKROLL notes that using the service from abroad (outside Germany) may incur additional costs, which the user must bear and should clarify with their local provider. Downloading or accessing the app on a foreign roaming network may be restricted or impaired.

4.4. Each user is provided with a training program. The user receives recommendations and information regarding their training program, as well as suitable products and services from BLACKROLL, via in-app messages or—provided they have consented to this on their device—push notifications.

4.5. Unless expressly provided otherwise, the user is granted a non-exclusive, non-sublicensable right, limited to the duration of the contractual relationship, to install and use the app in accordance with these Terms of Use to the extent made available by BLACKROLL. The user is permitted to reproduce the app only to the extent necessary for its use in accordance with the contract. Modification of the App, as well as the conversion of the provided program code into other code forms (decompilation) and other forms of reverse engineering of the various stages of the App software’s development, are prohibited. Mandatory rights granted by law remain unaffected by this provision.

4.6. Unless expressly provided otherwise, BLACKROLL permits the user to access, view, and use the services offered via the app for their own, non-commercial purposes in accordance with these Terms of Use. This permission does not grant the user any rights to content or other information made available in the app. Mandatory statutory rights (including the right to reproduce content for private and other personal use) remain unaffected by this provision. If commercial use is intended, the express prior consent of BLACKROLL is required.

4.7. The right to use the app and the services is generally limited to the extent of BLACKROLL’s technical and operational capabilities. BLACKROLL is entitled to suspend operation of the app and the services without prior notice for compelling technical reasons or due to necessary maintenance work. In all other cases, advance notice will be provided in an appropriate manner and with reasonable notice.

4.8. The user acknowledges that 100% availability of the app is not technically feasible. However, BLACKROLL endeavors to keep the services available as consistently as possible. In particular, maintenance, security, or capacity issues, as well as events beyond BLACKROLL’s control (such as disruptions to public communication networks, power outages, etc.), may lead to restrictions or the temporary suspension of the services. Furthermore, BLACKROLL reserves the right to make changes to the services (see Section 3.5).

4.9. The user shall immediately notify BLACKROLL upon becoming aware of or suspecting any misuse of access credentials. In the event of suspected misuse, BLACKROLL is entitled to suspend access to the app or the service offerings until the circumstances have been clarified and the misuse has been remedied or can be ruled out. BLACKROLL reserves the right to exercise further remedies. The user is liable for any misuse for which the user is responsible.

4.10. The provisions under Section 9 remain unaffected by the above provisions in Sections 4.7 and 4.8.

5.1. To access certain parts of the service offering, users must create a free user account. This account consists of an email address as the username and a password (hereinafter “login credentials”). A user account can only be created by providing the user’s current email address. This email address is also used for communication with BLACKROLL in connection with the performance of the contract or—provided the user has given their consent—for additional marketing communications directed at the user. The user warrants that the information provided when creating their user account is accurate and complete. A user account may also be created by importing the user’s data from the social networks Facebook (via “Facebook Login”) or Google (via “Google Sign-In”).

5.2. After creating their user account, the respective user (hereinafter “registered user”) gains access to additional training plans. In all other respects, Section 4.4 of these Terms of Use applies accordingly.

5.3. Consent is required to use the portion of the service offering that is available only to registered users. If the user revokes consent that was previously granted at a later date, BLACKROLL is entitled to delete the user’s account with immediate effect and to terminate the user relationship to that extent. Otherwise, the user may continue to use the remaining portion of the service offering.

5.4. BLACKROLL reserves the right to refuse to create user accounts without providing a reason. In this case, BLACKROLL will immediately delete any data submitted by the user. However, BLACKROLL will take the user’s interests into appropriate consideration in doing so.

6.1. The app and the services offered contain content and other information (hereinafter “Content”) that is protected by trademark law, copyright law, and other means in favor of BLACKROLL or third parties.

Unless expressly permitted by BLACKROLL, the user is not authorized to edit, reproduce, distribute, publicly display, use for advertising purposes, or use this Content beyond the contractually agreed-upon purpose. Only reproduction necessitated by technical requirements for the purposes of intended use in accordance with these Terms of Use is permitted. Copyright notices and trademark designations may not be altered, suppressed, or removed.

Users may use this content only in accordance with these Terms of Use and within the framework specified by BLACKROLL in the app.

6.2. The user agrees to refrain from any actions that jeopardize or disrupt the functioning of the app or the provision of the service. In particular, the user shall not access data to which they are not authorized to have access.

6.3. The user is not permitted to upload the content and other information made available through the app to other databases, to extract it using robots or any other automated means, to publish it, to publicly reproduce it, or to make it publicly available in any other way—namely via an app and/or on the Internet—in any form, unless this is expressly provided for as part of the service offering, for example through the provision of a share function. This may also not be done on behalf of third parties and/or on behalf of other users of the service offering.

6.4. Any use of the app for unlawful purposes is prohibited. All use must comply with applicable laws, in particular copyright law, competition law, data protection law, criminal law, etc. Any violation by a user may result in the immediate suspension and/or withholding of all services and features. The same applies to violations of these Terms of Use. However, when taking such measures, BLACKROLL will take into account the legitimate interests of the respective user. BLACKROLL expressly reserves all further rights.

7.1. All content posted or made available by distributors within the app (e.g., in the News section and in push notifications) (hereinafter “Third-Party Content”) belongs exclusively to the respective distributor. BLACKROLL does not adopt this content as its own. For clarity, it should be noted that a distributor’s web store (which may also be accessible via the app) does not constitute third-party content in this sense, but rather an independent service offered outside the app, over the provision of which BLACKROLL has no influence.

7.2. Third-Party Content may be displayed to the user, for example, in the app’s news section or via push notifications or in-app messages—provided the user has enabled these features on their device. This occurs when the user has selected a country other than Germany, Austria, or France within the app. After selecting a country, the user will be notified of this fact and informed of the identity of the respective distributor responsible for the third-party content.

7.3. If a user believes that certain third-party content infringes on rights, they may report it to BLACKROLL via email at [email protected]. BLACKROLL will thoroughly review the reported third-party content and, in the event of valid reports, remove the relevant content immediately. In the case of content relating to the respective distributor’s online store, the user should contact the distributor directly; further information, particularly regarding contact details, is available in the online store’s legal notice.

BLACKROLL processes the user’s personal data in accordance with the provisions of applicable

data protection laws. For more information on this, please refer to the app’s privacy policy.

9.1. Regardless of the legal basis, BLACKROLL is liable for damages incurred by the user that result from an intentional or grossly negligent breach of duty by BLACKROLL or its agents, as well as for damages to life, limb, or health, and in the case of claims under the Product Liability Act, in accordance with the statutory provisions.

9.2. Unless otherwise specified in a warranty provided by BLACKROLL, BLACKROLL shall otherwise be liable, regardless of the legal basis, only to the following extent:

9.2.1 BLACKROLL shall be liable for damages caused by slight negligence only to the extent that they result from a breach of material contractual obligations, without which the achievement of the purpose of the contract would be jeopardized and on the fulfillment of which the user may therefore reasonably rely (so-called cardinal obligations). In such cases, BLACKROLL’s liability is limited to compensation for foreseeable damages typical for this type of contract.

9.2.2 BLACKROLL’s liability for data loss under the foregoing provisions is limited to the typical restoration costs that would have been incurred had the user performed regular and, under the circumstances, reasonable data backups.

9.3. The foregoing provisions apply mutatis mutandis to compensation for futile expenses.

9.4. The foregoing provisions shall apply to the same extent in favor of BLACKROLL’s legal representatives, executive bodies, employees, and vicarious agents.

10.1. The contractual relationship between BLACKROLL and the user regarding the use of the app may be terminated by BLACKROLL for ordinary reasons without stating reasons in writing (e.g., by email) with ten (10) days’ notice. The user may terminate the contractual relationship with BLACKROLL at any time without notice in writing (e.g., by email to [email protected]).

10.2. The right to terminate the contract for cause remains unaffected by this provision.

10.3. Upon termination of this user agreement—for whatever reason—BLACKROLL is entitled to immediately suspend the user’s account.

11.1. Revisions to these Terms of Use will be communicated to the user in writing (e.g., via an announcement within the app) and will become part of the agreement unless the user expressly objects to the revised version in writing within one month of receiving notice of the changes. The user will be informed of the implications of their silence upon notification of the revised version. If the user does not agree to the revised version, they may no longer use the app.

11.2. Swiss law applies to the contractual relationship and all legal relationships between BLACKROLL and the user arising in connection with the use of the app, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

11.3. If the user is acting as a consumer, the foregoing choice of law applies only to the extent that it does not deprive the user of the protection afforded by mandatory provisions of the law of the country in which the user has his or her habitual residence.

11.4. If the user is a merchant, a legal entity under public law, or a special fund under public law, or if the user does not have a general place of jurisdiction within Switzerland, Kreuzlingen (Canton of Thurgau, Switzerland) shall be the exclusive place of jurisdiction for all disputes arising from these Terms of Use and the legal relationships or contractual relationships between the user and BLACKROLL established hereunder. However, BLACKROLL is also entitled to bring an action at the user’s place of business or at any other permissible place of jurisdiction

11.5. The language of the contract is German.

Effective: April 24, 2019 (Version 1.0)