We make it our business to offer our users a solution that makes swimming more fun for them. We use high-quality videos that enable the athlete to track and improve their technique. We have the claim that every swimmer can draw motivation and success from his hobby. Here we want to accompany the user right from the start. We see swimming not only as a health-promoting hobby, but also as a social activity that should be available to everyone. With our offer we try to give everyone access to the sport of swimming. Anyone who wants to learn to swim should have the opportunity to do so. We try to play our part in this mission by offering a demanding but also attractive product portfolio.

The legal framework of our offered services is specified in the following points of our general terms and conditions. Before you decide to use our product portfolio, we ask you to read these general terms and conditions carefully and carefully.

Terms and Conditions of the Fjordev UG (limited)

§ 1    General 

(1)     These general terms and conditions (hereinafter: „GTC“) apply to all paid and unpaid contracts, deliveries and other services of Fjordev UG (limited liability), c / o Vanhöfen, Sandberg 11 24937 Flensburg, Commercial Register at Flensburg Local Court, HRB 13551 FL ( hereinafter: “Fjordev”), as well as for orders from Fjordev customers. In addition, these terms and conditions also apply to the internet portal www.h2coach.de/www.h2coach.com along with all associated sub-domains and for the use of the H2Coach app and all other products. Customer regulations that deviate from these conditions do not apply unless Fjordev has confirmed this in writing. Individual agreements between Fjordev and the customer always have priority over these terms and conditions.

 (2)     Furthermore we presume that you’ve complied fully and entirely to our terms and conditions as well as our privacy policy, when create a user account.

The services and products we offer are only intended for private use. We expressly prohibit any commercial and commercial use of the content, offers and services.

§ 2    Offers from Fjordev 

(1)     We currently offer the following products for use and purchase with the following functions:

1.      Apps

The usage of mobile apps for the Apple and Android platforms.

The apps can be used both online and offline. However, the use can only take place after registration in a verified user account.

By registering, the user agrees to the transfer of relevant data from the smartphone to the app and connections to third-party services that are used in connection with the apps. You can view further information on this subject under the data protection regulations.

When transmitting data, costs can arise through the use of the mobile network. These costs are borne by the user.

The user must have a smartphone to use the apps. The apps can only be installed and used on Apple or Android smartphones.

The costs and consequences resulting from the usage and terms and conditions on the part of the mobile phone provider are to be borne by the user.

Our apps and programs require interaction with our servers for some functions. We strive to offer you continuous availability of our servers. However, breakdowns or maintenance work that cannot be postponed may occur in isolated cases. That is why we cannot guarantee that our servers are always accessible. This can sometimes limit the usability of our services.

2.      Splash water protection for your smartphone

We sell a case for your smartphone in our shop that protects it from splashing water. Please note that these cases only serve to protect your smartphone from splash water during training. Use these covers only to the extent that we have described.

3.     Lock for the cases and your smartphone   

We sell locks in our shop, with which you can secure your smartphone in the case bought from us at the pool edge. Please note that you should never attach your smartphone in such a way that other people can be harmed. In addition, no lock can offer 100% protection against theft. Therefore, always keep an eye on your smartphone during training.

(2)     We offer various services and services that can be used free of charge and / or for a fee. The scope of the services and services you use relates to whether and which service or service you have chosen. In the basic version of the app, a number of functions and contents are available to you free of charge. You can unlock additional services and features by purchasing a subscription or for a one-off payment. Some functions of the app are only available if you have decided on a certain subscription or if you have purchased a certain range of services with defined goals in a one-time payment. You can find out about the various services and their respective pricing model on our website. The prices and fees include the applicable sales tax.

(3)     A visit to a swimming pool is required in almost all cases when performing the content, exercises and training units shown. Please note that admission to the respective swimming pool must be paid by the user himself and is not included in our scope of services.

Furthermore, aids or training equipment are required for several exercises, e.g. Swimming boards, pull bouys („buoy“) or swimming goggles. We do not purchase and provide these training devices and must be procured by the user himself.

§ 3    Health  

The use of our offered products, services and services is at your own risk.

Your health should be in good shape to carry out and use the content we provide. Before you use the products, services and services we offer, you should seek medical advice as to whether you want to use our services and services, e.g. Training plans or exercises should be used. The content and services created by us do not replace medical advice. In order to prevent injuries and physical impairments, you should under no circumstances give up medical advice if you are aware of the following previous illnesses, physical complaints or physical impairments before, after or during the use of our services:

  • Cardiovascular diseases,
  • Lungs- or respiratory diseases,
  • Asthma,
  • Spinal damage or joint problems,
  • Neuromuscular diseases,
  • Surgical interventions,
  • Or other health restrictions.

We advise female users to refrain from using our services during pregnancy or breastfeeding.

If you experience pain, discomfort or other restrictions, we recommend that you do not use our services and see a doctor. We advise you to stop exercising if there are signs of physical impairment and not to resume until you have consulted a doctor who can assure you that you can continue with our content.

Please note that our offers are not a substitute for a course that teaches the basics of swimming. All content, services and achievements pursue the approach to improve your existing swimming skills. If you are not able to keep yourself afloat for more than 20 minutes through your own effort, and / or if you have major difficulties in swimming even short distances (e.g. 3-5m), we advise you to use it of our services. The use of our content requires a basic understanding of swimming and good swimming skills. Please note during your training that you distribute your strength well so that you can leave the water at any time with your own strength. Never go into dangerous situations! Have a person with good swimming skills monitor you during your training so that you can be helped quickly if necessary.

§ 4    Validity and up-to-dateness of trainingplans

All training and swimming content, such as Exercises and training plans are based on constantly changing and evolving knowledge within sports science. The composition and development of this content is based on the latest and most current developments in sports science. However, we do not guarantee that our content corresponds to the latest knowledge and the current state of development in sports science.

§ 5    User Account

For the use of our offered services, successful registration and registration on the part of the user for one of the platforms provided by us is required. You only need a user account to be able to use all of our services.

 (1)     To register, we require that you are at least 18 years old and fully legally competent and / or that your parents or your guardian has given your consent. Before you can register successfully, you must agree to these terms and conditions and read our privacy policy. As soon as you have successfully completed the registration, you will receive an email from us asking you to verify the user account you have created. As soon as you are directed to a desktop page as a result of the verification, where we confirm your verification, your registration is successfully completed. This does not apply to registrations via Apple, Google or Facebook.

 (2)     For the free-of-charge as well as return-for-payment usage of our apps a registration is mandatory. After the registration process is completed the basic functions and basic contents, e.g. videos and exercises, are available free-of-charge. More functions and content can be granted access to if a purchase for a corresponding price has been made.

 (3)     If the information and details you provide in the registration process or during registration are inaccurate, falsified, outdated, incomplete or misleading, we reserve the right to delete the corresponding user account without warning and with immediate effect, and thus the use against payment and free of charge to prevent our services, performances and other use on the part of the user. In this case, we are not obliged to reimburse the user’s costs.

 (4)     Furthermore, we reserve the right to refuse users to register or to delete the user account without giving reasons.

 (5)     We also reserve the right to contact users at any time to verify the user information and registration information provided.

§ 6    Usage in return-for-payment services

(1)     In order to obtain contents and services in return for payment, you have to have a verified user account. With this user account you have the possibility to obtain different services either by making a one-time purchase or by paying an periodically recurring fee, for a time period of your choice. The payment can be made in the respective app via the App Store connections or on our website. Therefore different payment methods are available for you.

 (2)     By accepting your order by us, a purchase contract and / or subscription contract is concluded between you and us. You place your order in our online shop or another portal by pressing the order button. The acceptance by us takes place via email. Price labeling in the online shop does not represent an offer in the legal sense, but rather invites the customer to place an order with us.

 (3)     Images of the goods in the online shop and other advertising media are only examples. Deviations from the described goods are possible.

 (4)     The contract text will be saved by us and can be requested by email to info@h2coach.com. In the course of this, we will send you the contract text.

 (5)     The contract language is English.

 (6)  In the course of an order process you can finally check your details before concluding the contract and any input errors using the „Edit“ button on the list of the respective details, if necessary, change these inputs.

§ 7    Obligations of the user

(1)     The user undertakes not to track the use of our services and services for commercial and economic reasons. Commercial use of our content without first consulting us is expressly prohibited. This applies in particular to advertising in favor of third parties, e.g. Websites, companies, brands or other service providers.

 (2)     The user is solely responsible for the content generated and uploaded to our network. Furthermore, the user must ensure that he alone has the exclusive rights of use to the content he shares within our network.

Sharing racist, discriminatory, sexual, violent, offensive or other illegal content is always prohibited at all times.

Spam or chain letters are always prohibited at all times.

We reserve the right to disclaim any content due to negligent or willful violations of the above. Reasons to delete and remove. As a result, we reserve the right to violate the above Guidelines to block or delete your user account without warning. In the event of deletion due to negligent or willful fault of the above Points and the resulting consequences, you have no claims for damages or other claims.

 (3)     In the event of a negligent or willful breach of third party rights, you undertake to release us from all third party claims. This includes the cost of adequate legal defense.

 (4)     You are obliged to truthfully enter and update your registration data. You are obliged to carefully maintain your data, in particular your personal data, to deny third parties’ access to your data and not to pass the data on. In the event that your data is lost, we cannot guarantee that the lost or damaged data will be restored.

§ 8    Use of content

(1)     Registered users are permitted to use the range of services and services offered and / or acquired in accordance with the statutory provisions and compliance with these terms and conditions, to generate content themselves, to share, distribute and publish with other registered users.

 (2)     Insofar as it is legally permissible or required by law, we have the right to save content and pass it on to third parties in accordance with our data protection regulations. This applies in particular to orders from authorities, the enforcement of the rights and obligations set out in these terms and conditions, and the protection of our rights and / or our intellectual property.

 (3)     The user is granted a simple and non-transferable right to use our content for the duration of the usage contract. This only applies to the basic content and the content that you have activated for a limited period of time through a subscription or a one-time payment. The right to use certain paid services expires when the selected minimum term expires and / or the deletion of your user account or the termination of the usage contract.

§ 9    Laufzeit

(1)     The usage contract for the provision of all free services has been concluded for an indefinite period and begins with the opening of a user account.

 (2)     The purchase of additional services against payment as part of a one-off payment applies for a fixed term. After the corresponding term has expired, your right to claim the corresponding benefits and services ends. In this case, no notice of termination must be sent to us.

 (3)     The term of a subscription corresponds to the selected minimum term of your chosen service or service. This minimum term is automatically extended by the last term you selected, if you or we do not cancel beforehand. The minimum term is independent of the use you made of the selected offer and is measured based on the calendar year.

§ 10 Termination

(1)     User account

You have the right to delete your user account at any time and without giving reasons. The deletion of the user contract between us ends. In this case, all of the data, information and content you have created will be irrevocably deleted, unless there are statutory retention requirements. With the deletion of your user account, your entitlement to purchased content, services and services, which you have acquired either as a result of a one-off payment or in the form of a subscription, also expires, even if the corresponding minimum waiting period for your subscription has not yet expired. Payments already made will not be reimbursed. Refunds are also partially excluded.

Your user account is deleted via the settings in your profile. As a result of a successful deletion of the user account, we will send you a confirmation to the email address you provided. Please read our privacy policy to find out what happens to your data after deletion.

(2)     Subscription

If you decide to cancel a subscription you have purchased, you must cancel each subscription individually at the end of the corresponding minimum term. The minimum term corresponds to the period of your choice when you subscribe or renew your subscription.

You can only cancel your subscription on the platform on which the respective contract was concluded. If you have purchased the subscription on our website, you must log in there and click on the „Manage subscriptions“ field under your profile. There you can cancel the desired subscription individually by clicking on the „Cancel subscription“ field.

If you purchased the subscription through a third party (e.g. AppStore or Google Play Store), you have to cancel the subscription there.

 (3)     Termination for important reasons

We reserve the right to terminate the contract without notice for an important reason and to exclude you from using our services. Important reasons are e.g. if you repeatedly violate the current license agreement and / or the obligations arising from these terms and conditions.

§ 11 Prices, shipping costs, taxes and Payment

For orders through our online shop, the prices stated there at the time of the order apply. All prices are total prices and include VAT.

 (2)     The prices in the online shop do not include shipping and packaging costs. Different rules for a right of withdrawal – cf. insofar as the cancellation policy at the end of these terms and conditions remains unaffected. The shipping and packaging costs will be announced to the customer before placing the order. The amount of the shipping costs depends on the weight and size of the goods and the destination.

 (3)     Payments must be made in advance. Payment is due upon invoicing. The price of a subscription must be paid in full in advance. If a subscription is renewed, the price for the renewal with accounting will be due.

§ 12  Delivery and transfer risk

(1)     Unless otherwise agreed in the contract, the goods ordered are delivered to the address specified by the customer.

 (2)     The availability of the individual goods is specified in the item descriptions. We deliver goods in stock within 2-4 working days after receipt of payment. If the goods are marked as out of stock during a sale via the online shop, we endeavor to deliver as quickly as possible.

 (3)     If the ordered product is not available because we are not supplied with this product by suppliers through no fault of our own, we can withdraw from the contract. In this case we will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, we will immediately refund any consideration already paid.

 (4)     The risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery, the provisions of Section 475 (2) BGB remain unaffected.

 (5)     If the right of withdrawal is exercised, the costs of the shipment will be reimbursed if it concerns the costs of the standard shipment we offer. Therefore, this does not apply to the extent that the customer desires a more expensive delivery. The cost of returning the goods in the event of an objection is borne by the buyer if the goods delivered correspond to those ordered.

§ 13  Liablity for material and legal faults

(1)    If there are material or legal defects, you are entitled to the statutory warranty rights in accordance with the following provisions.

 (2)     Damage caused by improper actions on your part when using or storing the goods does not constitute a warranty claim. You can find information on proper treatment in the manufacturer’s descriptions.

 (3)     The above limitations of liability do not apply insofar as we have maliciously concealed a defect or have assumed a guarantee for the quality of the goods. The above limitations of liability also do not apply to claims for damages by the customer which are directed towards compensation for physical or health damage due to a defect for which we are responsible or attributable or which are based on willful or grossly negligent fault on our part or on our part of our vicarious agents.

 (4)     If there are defects and these have been asserted in good time, we are entitled to subsequent performance. If the subsequent performance fails, you are entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions apply.

§ 14 Disclaimer

(1)     Outside of liability for material and legal defects, we have unlimited liability insofar as the cause of the damage is based on intent or gross negligence. We are also liable for slightly negligent violations of essential duties (duties, the violation of which endangers the achievement of the purpose of the contract) as well as for the violation of cardinal duties (duties, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly trusts and trusts may), but only for the foreseeable, contract-typical damage. We are not liable for the slightly negligent violation of obligations other than the above.

 (2)     The limitations of liability in paragraph 1 do not apply to injuries to life, limb and health, for a defect after accepting a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

 (3)     If our liability is excluded or limited, this also applies to the personal liability of our employees, representatives and vicarious agents.

§ 15  Privacy

In order to process the contract, we collect and process the necessary personal data. This data processing takes place on the basis of Art. 6 Para. 1 b) GDPR for the fulfillment of the concluded contract as well as for the implementation of pre-contractual measures. The stored personal data will be treated confidentially by us. When collecting, processing and using the customer’s personal data, the provisions of the Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (GDPR) are observed and complied with. You can find more detailed explanations on data protection by us in the general data protection information at info@h2coach.com. The data will be deleted after completion of the contract and after the end of any further statutory retention requirements.

§ 16 Vouchers

We expressly point out that the vouchers can be redeemed using the voucher code given in the online shop at www.h2coach.com. Vouchers are discounts for which the customer has not paid anything in return. The vouchers can only be redeemed in the period printed on the voucher and for the purposes stated there. Cash payments and / or partial or subsequent redemption of the vouchers is not possible. The sale or other transfers of the vouchers to third parties are also not permitted unless we have expressly agreed to them.

§ 17 Statutory right of withdrawal 

For distance contracts in the sense of § 312c BGB and in the case of „contracts concluded outside of business premises“ i.S.d. § 312b BGB apply to consumers (§ 13 BGB) the following statutory right of withdrawal:

Right of withdrawal policy

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day the contract is concluded.

In order to exercise your right of withdrawal, you must contact us (Fjordev UG (limited liability), c / o Vanhöfen, Sandberg 11 24937 Flensburg Tel: 0461-99583791 E-Mail: info@h2coach.com by means of a clear statement (e.g. one with the Letter, fax or e-mail) informing you of your decision to cancel this contract, you can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.

Consequences of withdrawl

If you cancel withdrawl this contract, we have made all payments to you that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the services should start during the cancellation period, you have to pay us a reasonable amount, which is the proportion of the services already provided in the service up to the point in time when you inform us of the exercise of the right of cancellation with regard to this contract Compares to the total scope of the services provided in the contract.

Here you will find the model withdrawal form.

§ 18  Alternative dispute resolution

The European Commission provides a platform for online dispute resolution (OS). You can find this portal here: http://ec.europa.eu/consumers/odr/. The information required for a dispute resolution of our email address is info@h2coach.com. We are not willing to participate in such arbitration proceedings and are not obliged to do so.

§ 19  Changes and topicality of these terms and conditions

These General Terms and Conditions are as of July 2019. We reserve the right to change these General Terms and Conditions at any time and without notice in order to adapt them to the current legal, business, social and, not least, your interests. You can find the current version of these terms and conditions at any time on our website or in the apps.

In the event of a change in the terms and conditions, we will inform you about the e-mail address you have provided at least two weeks before the change takes effect. The updated terms and conditions and the effective date will be attached to this email. From this point on, you have two weeks to object to the updated terms and conditions. If you decide not to accept the updated terms and conditions, we reserve the right to terminate the user contract. If you decide to continue using our services, apps and / or services, the updated terms and conditions are deemed accepted by you. In the e-mail, which informs you about the updated terms and conditions, we also inform you again of your right to object, the time limit for objections and the consequences of your silence, denial of the terms and conditions or acceptance of the new terms and conditions.

§ 20 Final provisions

20.1 Applicable law

Contracts between us and the users and buyers are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN sales law and the norms of international private law. In relation to business transactions with consumers within the European Union, this choice of law applies only to consumers (§ 13 BGB), unless mandatory provisions of the law of the country in which the consumer is habitually resident prescribe the application of a different law.

20.2 Place of juristiction

If you do not permanently live in or have a place of of general jurisdiction in Germany or in another EU Member State, or if you have changed or moved your permanent place of residence in a country outside the EU after you have accepted these GTAC, 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.

§ 21 Others

Contracts between us and the users and buyers are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN sales law and the norms of international private law. This choice of law applies only to consumers (§ 13 BGB), unless mandatory provisions of the law of the country in which the consumer is habitually resident prescribe the application of a different law.