Terms of Use
BLACKROLL® APP

1.1. The present Terms of Use govern the use of the mobile BLACKROLL APP (hereinafter referred to as the “App”) by you as the User (hereinafter “User”) that is provided by BLACKROLL AG, Hauptstraße 17, CH-8598 Bottighofen, Switzerland, (hereinafter referred to as “BLACKROLL“), and that can be downloaded from the Apple and Google app stores. The App offers various free services, including, but not limited to workouts using BLACKROLL products (hereinafter referred to as “Service Offering”). The use of the App and Service Offering are exclusively governed by the present Terms of Use, as amended.

By installing and using the App and Service Offering, the User accepts the applicability of these Terms of Use, as amended.

1.2. Deviating, supplementary, or conflicting terms of the User will not be accepted, unless BLACKROLL grants its express consent in text form (Textform).

1.3. The Service Offering can only be used in its then-current version. In order to be able to use the App, the User may be required to download and install a new App version from time to time.

1.4. Supplies and services provided based on a purchase order placed in the BLACKROLL web shop (Online Shop), available via the Internet at shop.blackroll.de, are not subject to the present Terms of Use, but are exclusively governed by the BLACKROLL Terms and Conditions, as amended, that may be retrieved from the web shop.

1.5. Supplies and services ordered from a web shop of an independent distributor of BLACKROLL products (hereinafter referred to as “Distributor”) which is linked by this App are solely subject to the Terms and Conditions retrievable from that web shop. In that case, you enter into a contract with the corresponding Distributor, but not with BLACKROLL.

2.1. The use of the service offer and the performance of the exercises including movement analysis is at the user's own risk. This includes, in particular, the configuration of a workout, the selection of an already created workout or the execution of the movement analysis for the creation of an individual training plan.

2.2. BLACKROLL suggests that Users see a physiotherapist, manual therapist, massage therapist, physician, or specialist physician for an examination and medical advice prior to the workout, in particular, in case of doubt and/or if they suffer from severe pain or recurring injuries.

2.3. The exercises shown in the Service Offering should not be carried out by pregnant women or breastfeeding mothers.

3.1. BLACKROLL will provide free workout programs using BLACKROLL products for private end-users via the App (so-called “rollouts” or other workout programs).

3.2. BLACKROLL will partially rely on third-party services/software for providing the Service Offering in the App, which will be identified as third-party supplies and/or services. In this regard, please note that the General Terms and Conditions and/or License Terms of the corresponding third-party will apply.

3.3. BLACKROLL will exercise due care in the selection, updates, and editing of contents included in the Service Offering. However, BLACKROLL cannot accept any warranty or assume any guarantee for the accuracy, completeness and timeliness of the Service Offering that is provided free of charge.

3.4. The provisions set forth in Art. 9 of these Terms of Use remain unaffected by the foregoing provisions in Art. 3.2 and 3.3.

3.5. BLACKROLL has the right to change, modify or alter the free Service Offering at any time, to make new free or paid services/functionality available, and to discontinue free services/functionality. In any event, BLACKROLL shall consider the legitimate interests of the Users.

3.6. The User has no claim to updates of the App and/or the Service Offering.

Use of Service Offering

3.7. Minors are not permitted to use the Service Offering, unless they have obtained the consent from their legal representative.

3.8. BLACKROLL provides the Service Offering free of charge. When using the App, costs may be incurred, in particular, the respective network operator may charge the User for data transfers. The User will bear these costs.

3.9. Prior to the first use of the App, the User must select a country which means that the User will be assigned to a geographic region; this will affect, in particular, the displayed third-party content and the web shop linked with the App. The App is solely available from within the selected countries. The selection may be subsequently changed in the App settings. In addition, BLACKROLL advises its Users that additional expenses may be incurred when the Service Offering is used abroad (outside Germany), for which the User will be responsible and for which the User should obtain information from its local service provider. The download of and access to the App in a roaming network abroad may be restricted or impaired.

3.10. Every User will be provided with a workout program (“Rollout”). The User will receive recommendations and information on his/her workout program and matching products and services of BLACKROLL via in-app messages, or, if enabled in the App push messages.

3.11. Unless otherwise provided, the User will be granted a non-exclusive, non-sublicensable, definite right for the contract term to install and use the App in accordance with these Terms of Use within the scope made available by BLACKROLL. The User is not allowed to reproduce the App, unless required for the contractual use. Any modification of the App, the reverse translation of the provided program code into other code forms (decompiling), and any other kind of inverted development of the diverse manufacturing stages of the App software (reverse engineering) are not permissible. Mandatory legal rights remain unaffected.

3.12. Unless otherwise provided, BLACKROLL grants the User the right to retrieve and display the Service Offering in accordance with these Terms of Use via the App for its own, non-commercial purposes and to use them for the intended use. Based on this permission, the User does not automatically acquire any rights in and to contents or other information that is made available in the App. Mandatory legal rights (including the reproduction for personal and other own use) remain unaffected. In the event the User intends to use the App for commercial purposes, it needs to obtain the express prior consent from BLACKROLL.

3.13. Generally, the User’s right to use the App and Service Offering is limited to the technical and operational feasibility at BLACKROLL. BLACKROLL has the right to suspend the operation of the App and Service Offering for compelling technical reasons or due to necessary maintenance work without any advance notice. In all other cases, advance notice will be given in the appropriate manner and with a reasonable period.

3.14. The User accepts that it is not possible to realize a 100% availability of the App for technical reasons. However, BLACKROLL will make every effort to ensure that the Service Offering is continuously available. However, in particular, maintenance, security and capacity issues, and occurrences that are beyond the control of BLACKROLL (such as failures of public communication networks, power outage, etc.) may result in performance restrictions or the temporary suspension of the Service Offering. Furthermore, BLACKROLL reserves the right to change the Service Offering (see Article 3.5).

3.16. If User becomes aware of or suspects an abuse of his/her login credentials, he/she shall promptly notify BLACKROLL. If BLACKROLL suspects an abuse, BLACKROLL has the right to block the access to the App and/or the Service Offering until the circumstances have been investigated and the abuse has been stopped or can be prevented, respectively. BLACKROLL reserves any further rights it may be entitled to. The User is liable for any abuse for which he/she is responsible.

3.17. The provisions of Art. 9 remain unaffected by the provisions set forth in Art. 4.7 and 4.8 above.

4.1. The use of certain portions of the Service Offering requires the creation of a free user account. The account requires an e-mail account and a password (hereinafter referred to as the “login credentials”). The user account cannot be created unless the User enters his/her current e-mail account. This e-mail account serves the purposes of communicating with BLACKROLL for contract performance, or – provided that the relevant consent has been granted – also for further advertising and promotional messages. The User represents that the information entered when creating the User’s account is accurate and complete. The user account can also be created by taking over the User’s data from the social networks Facebook (via “Facebook Login”) or Google (via “Google Sign-In”).

4.2. Following the creation of the user account, each User (hereinafter referred to as the “Registered User”) will have access to more Workout Programs. In all other regards, Article 4.4 of these Terms of Use shall apply accordingly.

4.3. The use of such portions of the Service Offering that are only available to Registered Users is subject to your consent. If the User should subsequently revoke a consent, BLACKROLL has the right to delete the user account of the respective User with immediate effect and to terminate the usage contract in this regard. In all other regards, the User may also terminate the remaining aspects of the Service Offering.

4.4. BLACKROLL reserves the right to refuse the creation of user accounts without giving reasons. In this case, BLACKROLL shall promptly delete any data submitted by the User. However, BLACKROLL shall reasonably consider the legitimate interests of the User.

5.1. The App and Service Offering include contents and other information (hereinafter referred to as “Content”) that is protected under trademark law, copyright law or in any other manner on behalf of BLACKROLL or third parties.

5.2. Unless expressly permitted by BLACKROLL, the User is not allowed to modify, reproduce, disseminate, communicate to the public, to advertise with them, or to use them beyond the scope of the contractual purpose. The User is only permitted to make reproductions that are required for technical reasons for the purpose of intended use pursuant to these Terms of Use. Copyright notices and trademarks shall not be modified, altered and suppressed or removed.

5.3. The User shall use these contents only in accordance with the Terms of Use and within the scope set forth by BLACKROLL in the App.

5.4. The User agrees to refrain from all measures that jeopardize or interfere with the functionality of the App and the provision of the Service Offering. In particular, the User shall not access any data for which he/she has no authorization.

5.5. The User is not permitted to post Content and other information that had been made available in the App in other databases, to extract them using robots or in any other automated manner, to publish, communicate to the public, or to make them available to the public in any other manner, particularly, using an app and/or on the Internet, unless this has been expressly permitted within the scope of the Service Offering, for example, by providing a “share” feature. Neither of these acts are permissible on behalf of a third-party and/or of other Users of the Service Offering.

5.6. Any use of the App for illegitimate purposes is prohibited. When using the App and Service Offering, the applicable law, in particular, copyright law, competition law, data protection law, criminal law, etc. shall be complied with. Any violation by a User may result in the immediate suspension and/or withholding of the Service Offering and any particular service(s). The same applies in the event of breaches of these Terms of Use. However, when taking any actions of this kind, BLACKROLL shall consider the legitimate interests of the respective User. BLACKROLL expressly reserves any further reaching rights it may be entitled to.

6.1. Any content posted or made available in the App by Distributors (e.g., in the news section or in push messages), as the case may be, (hereinafter referred to as “Third-Party Content”) is the exclusive content of the respective distributor. BLACKROLL does not assume any liability for Third-Party Content. For the avoidance of doubt, it is noted that a web shop of a Distributor (including web shops that may be called up via the App) does not constitute Third-Party Content within this meaning, but an independent Service Offering outside the App, which is beyond the control of BLACKROLL.

6.2. Third-Party Content may be displayed to the User, e.g., in the news section of the App or in connection with push messages or in-app messages – provided the User has enabled these features in his/her device. This is automatically the case, when the User selects a country other than Germany, Austria, or France in the App. Following the selection of a country, the User will be notified of this fact and the identity of the respective Distributor who is responsible for Third-Party Content.

6.3. If a User should consider certain Third-Party Content to be infringing or illegal, please notify BLACKROLL hereof by sending an e-mail to BLACKROLL at app-support@blackroll.com. BLACKROLL shall thoroughly examine the Third-Party Content reported to us, and if the report is justified, BLACKROLL shall promptly remove such content. In the event of content related to the web shop of the respective Distributor, Users should directly contact the Distributor; for further information, in particular, the contact data, please refer to the legal notice of the web shop.

BLACKROLL will process personal data of the User in accordance with the provisions of the applicable data protection laws. For further details, please refer to the Privacy Policy of the App.

8.1. Irrespective of the legal cause, BLACKROLL will be liable for damage and/or loss incurred by the User that is attributable to an intentional or grossly negligent violation of duties by BLACKROLL or its attorneys, agents, or servants, and for personal injury, death, or health damage, and in the event of claims under the Product Liability Act in accordance with the statutory provisions.

8.2. Unless otherwise provided in a guarantee issued by BLACKROLL, in all other cases BLACKROLL will only be liable as set forth below, irrespective of the legal cause:

8.2.2 BLACKROLL will only be liable for damage or loss caused by slight negligence and only to the extent that this is due to the violation of material contract duties that are of such material importance that the attainment of the purpose of the agreement would be jeopardized in case of their non-performance so that the User may rely on compliance with these duties (so-called cardinal duty). In such cases, the liability of BLACKROLL is limited to compensation for the typical and foreseeable damage.

8.2.3 BLACKROLL will be liable for data loss subject to the provisions set forth above, limited to the typical expenses for restoration that would have been incurred if the User had made the appropriate backups at regular intervals.

8.3. The preceding provisions apply to the reimbursement of wasted expenditures accordingly.

8.4. The preceding provisions, with an identical scope, shall also inure to benefit of the legal representatives, executives, members of boards and committees, employees, and attorneys, agents, and servants of BLACKROLL.

9.1. The contract concluded between BLACKROLL and the User for the use of the App may be terminated by BLACKROLL for convenience without giving reasons in text form (e.g., by e-mail) by giving ten (10) days written notice. The User may terminate the contract concluded with BLACKROLL at any time without notice in text form (e.g., by e-mail) to app-support@blackroll.com).

9.2. The right to terminate this Agreement for cause and without notice remains unaffected.

9.3. Following the expiration or termination of the contract concluded under these Terms of Use – regardless of the legal cause – BLACKROLL has the right to immediately block the User.

Final provisions

9.4. The User will be notified of any revisions of these Terms of Use in text form (e.g., by announcements within the App) and they will become an integral component of the agreement, unless the User expressly objects to the revised version within one (1) month from receipt of the notice in writing. The User will be expressly advised of the implications of its failure to object at the time it is notified of the revised version. If the User fails to approve of the revised version, he/she will no longer be able to use the App.

9.5. The contractual relationship and any legal relationships, respectively, between BLACKROLL and the User that are related to the use of the App are governed by Swiss law; the UN Convention on the International Sale of Goods (CISG) shall not apply.

9.6. In the event the User acts as a consumer, the above choice of law clause shall only apply to the extent that this does not deprive the User from his/her protection by mandatory provisions of the law of the country in which the User has his/her habitual place of residence.

9.7. The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms of Use and the legal/contractual relationships arising between the User and BLACKROLL under these Terms of Use, is Kreuzlingen (Canton of Thurgau, Switzerland), if the User is a business person, a legal entity under public law, or a special fund under public law (öffentlich-rechtliches Sondervermögen), or if the User does not have a general place of jurisdiction in Switzerland. However, BLACKROLL has the right to bring action against the User at the User’s place of residence or before any other permissible court.

The contract language is German.

Last revised: May, 2019 (Version 1.0)