TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY.

They cover important information about this app, the subscriptions, and the website.

1. Object of Agreement

(1) NotTheMainstream GmbH (hereinafter referred to as ‘App Provider’), Im Mediapark 5, 50670 Cologne, Germany, info@notthemainstream.net, provides the Pole Dance Companion app – (hereinafter ‘App’) for iOS and Android mobile devices to users (hereinafter individually or jointly referred to as ‘User/-s’) through the Apple App Store or the Google Play Store (hereinafter individually or jointly referred to as ‘App Store/-s*’).

(2) Through the App audio-visual contents (e.g. video tutorials for certain figures, step-by-step instructions) as regards the sport of pole dance (hereinafter individually or jointly referred to as ‘App Content/-s’) are provided to Users. Such contents are predominantly created by different content creators (hereinafter individually or jointly referred to as ‘Content Creator/-s’). For the App Contents of each Content Creator an own channel (hereinafter individually or jointly referred to as ‘Channel/-s’) may be provided inside the App by App Provider.

(3) Users can either make limited use of the App free of charge (hereinafter individually or jointly referred to as ‘Free User/-s’) or take out a subscription and make full use against payment (hereinafter individually or jointly referred to as ‘Premium User/-s’).

(4) Services or information apparently provided by third parties (e.g. services by the App Stores, social media services, payment services, advertising) available in connection with the App are not provided by or on behalf of App Provider and therefore are not subject to these Terms of Use. App Provider shall not be responsible for such third party services or information to the extent that App Provider has no indication for any violation of rights caused by a respective third party service or information.

(5) These Terms of Use shall apply exclusively. Differing or contrary terms shall not apply except if expressly agreed upon in text form (§ 126b German Civil Code - BGB).

(6) App Provider may update, upgrade or otherwise modify or adjust the App at its reasonably exercised discretion (§ 315 German Civil Code - BGB).

(7) App Provider may change/adjust these Terms of Use with effect for the future at any time at its reasonably exercised discretion (§ 315 German Civil Code - BGB) if it appears to be necessary. In particular changes/adjustments may be necessary due to a new legal situation, new court decisions, or changes/further development of the App. Any changes/adjustments shall be announced in text form at least two months prior to the effective date of the change/adjustment. The User shall be entitled to object to the change/adjustment until the effective date of the change/adjustment of these Terms of Use. If the User does not object the change/adjustment shall be deemed accepted and become part of the contract.

2. Registration/Conclusion of Contract/Right of Use

(1) After downloading the App from an App Store a registration of the User with App Provider is required in order to open an App account and be able to make unlimited use of the App as a Premium User under 1. para. (3). During the registration process, the User may correct his/her/their information by choosing the concerned input field. Each User shall only be entitled to open one App account. Free Users under 1. para. (3) may make limited use of the App by also registering in accordance with the foregoing sentences or just accepting these Terms of Use without registration.

(2) In case of a registration of the User under para. (1) the contract, including these Terms of Use, between the User and App Provider comes into force when App Provider confirms the registration of the User by opening his/her/their App account. In case a Free User uses the App without registration in accordance with the last sentence of para. (1) the contract, including these Terms of Use, comes into force when the respective User clicks the corresponding button in order to accept these Terms of Use.

(3) By the time of the conclusion of the contract App Provider grants to the User a non-exclusive, non-transferable, non-sublicensable right, not restricted in place, to use the App in accordance with these Terms of Use on a Mobile Device for the duration of the contract.

(4) By accepting these Terms of Use the User confirms to be fully capable of contracting or to act with the unlimited consent of his/her/their legal representative.

(5) The contract shall be concluded in English.

(6) The User may print out or store these Terms of Use on a durable medium. The information provided by the User under para. (1) shall be stored by App Provider and may be accessed by the User inside the App. Furthermore, the conclusion of the contract including the status as Free or Premium User shall be confirmed by App Provider inside the App.

3. App Contents

(1) Certain App Contents under 1. para. (2) may either be available only to Premium Users (hereinafter ‘Premium Content’) or also to Free Users (hereinafter ‘Free Content’). Furthermore, certain App Contents (certain figures (‘Moves’), certain combinations of figures (‘Combos’), or courses (‘Courses’) shall only be available to Premium Users who subscribe to a Channel of a Content Creator under 1. para. (2) (hereinafter ‘Channel Content’).

(2) Users shall not be entitled to be provided with any specific additional App Content, a specific additional amount of App Contents, an additional Channel of a specific Content Creator or any other additional content development which is not available at the time of conclusion of the contract.

(3) The development of a Channel, including the respective App Contents presented on that Channel, shall be under the sole responsibility of a Content Creator. In this regard, the parties are aware that App Provider solely acts as a platform for the respective Content Creator and shall not be responsible for any App Contents provided by a Content Creator to the extent that App Provider has no indication for any violation of rights by the respective App Content.

4. Obligations of User

(1) A User shall solely be entitled to use the App in accordance with these Terms of Use and as a consumer for purposes that predominantly are outside his trade, business, or profession (§ 13 German Civil Code - BGB). The use of the App as an entrepreneur that acts in exercise of his or its trade, business, or profession shall not be permitted.

(2) As regards the registration under 2. para. (1) the User undertakes to provide accurate and truthful information and keep it up to date at all times. The User shall keep his/her/their login data confidential at all times and not disclose it to third parties. The User shall take all required measures without undue delay in case there is reason to believe that login data has been disclosed to an unauthorized third party.

(3) It shall be the User´s sole responsibility to provide a suitable Mobile Device and sufficient internet access in order to be able to use the App.

(4) The User undertakes to comply with all legal provisions at App Provider´s seat and not to use the App for any illegal activity. Regardless of whether this constitutes illegal activity, it is generally prohibited to use the App for pornographic, sexual, violent, racist, discriminatory and/or insulting purposes. Furthermore, the User shall not copy, otherwise reproduce, distribute, decompile or reengineer the App unless permitted by law or under these Terms of Use.

(5) Compliance with legal provisions at the seat of the User concerning his/her/their behavior shall be his/her/their personal responsibility.

(6) The User is aware of the risks of injuries involved in sports activities such as pole dancing. The use of the App for training purposes shall be at the User´s sole responsibility. Only Users in good health shall use the App. In case of doubt or a pre-existing condition, the User should consult a doctor before using the App for training purposes. Pregnant or breastfeeding women shall not use the App for training purposes.

5. Prices and Payment

(1) Prices for Premium Users include statutory taxes, such as VAT, if applicable.

(2) The settlement of payments relating to the App shall be handled via the respective App Store under the corresponding terms of the App Store. The accepted payment methods are shown in the respective App Store.

6. Liability of App Provider

(1) App Provider shall be liable without limitation

- in case of intent or gross negligence,

- in case of a culpable breach of duty leading to death, personal injury, or damage to health,

- under the provisions of the German Product Liability Act (Produktsicherheitsgesetz)

- in case of a guarantee assumed by App Provider.

(2) If the App Provider breaches its primary obligations due to clear negligence (such as the specific duties that form the essence of the contract or the performance the User may rely on – Kardinalpflichten), then the subsequent liability shall be limited to the sum that was foreseeable and will correspond accordingly with a respective transaction.

(3) Any additional extensive liability of App Provider beyond the foregoing paragraphs is excluded.

(4) The aforementioned restrictions of liability also apply to the personal liability of App Provider´s employees, agents, or legal representatives.

7. Duration and Termination of Contract and Subscriptions

(1) A Premium User´s subscriptions under 1. para. (3) are each taken out for the time set out in the respective App Store under its applicable terms. Under the applicable terms of the respective App Store a subscription shall renew automatically after the initial period for the same subscription period if it is not canceled in due time in accordance with para. (2). The foregoing sentence shall apply mutatis mutandis as regards the first or a following renewal period.

(2) A Premium User may cancel his/her/their respective subscription via the respective App Store under its applicable terms. After cancellation of a subscription and the end of a subscription period, a Premium User shall become a Free User.

(3) Ongoing subscriptions which have been canceled by a Premium User shall not be refunded.

(4) Notwithstanding the foregoing paragraphs of this 7. the contract with the User is entered into for an indefinite term. It shall end when the User deletes his/her/their App account under 2. para. (1), if existent. If the User did not open an App account the contract shall end when the User deletes the App from his/her/their mobile device.

(5) The right of both parties to terminate the contract for good cause shall remain unaffected. In particular, but not limited to, any breach of the obligations under 4. para. (1), (2) and (4) by the User shall be considered a good cause.

8. Right of Revocation

(1) The User has a statutory right of revocation with the following scope:

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Instruction on the right of withdrawal

Right of withdrawal

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

The withdrawal period shall be fourteen days as of the day of entering into the contract.

To exercise your right of withdrawal, you must inform us (NotTheMainstream GmbH, Im Mediapark 5, 50670 Cologne, Germany, info@notthemainstream.net) of your decision to withdraw from this contract by an unambiguous declaration (e.g. a letter sent by post, fax, or e-mail). Therefore you may use the attached model withdrawal form which is not mandatory though.

To meet the withdrawal deadline, it is sufficient that you send your message concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Legal consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we have received your message about your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

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(2) The statutory model withdrawal form has the following wording:

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Model withdrawal form

(If you wish to withdraw from the contract please complete and return this form.)

To NotTheMainstream GmbH, Im Mediapark 5, 50670 Cologne, Germany, info@notthemainstream.net

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if the message is on paper)

Date___________

(*) Delete where inapplicable.

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(3) Notwithstanding the foregoing paragraphs of this 8. the User acknowledges that his/her/their aforementioned right of withdrawal expires if the App Provider began with the performance of the contract after the User had expressly consented to the App Provider beginning with the performance of the contract prior to the expiry of the withdrawal period, and had acknowledged that by his/her/their consent, he/she/they would lose the right to withdraw from the contract upon the performance of the contract having commenced. To this effect, the User expressly consents that App Provider shall begin with the performance of the contract prior to the expiry of the withdrawal period.

9. Force Majeure

Events of force majeure, which render a service or obligation of one party substantially more difficult or impossible, shall entitle the party concerned to defer the fulfillment of this obligation or duty for the duration of the hindrance and a reasonable time thereafter. If because of the nature of the hindrance it cannot be expected that the service will be provided within a reasonable time, then each party shall be entitled to withdraw in whole or in part from the contract in respect of the part of the performance which has not yet been fulfilled.

10. Miscellaneous

(1) Except with App Provider´s prior written consent, a User may not transfer any rights and obligations under the contract to third parties.

(2) A User shall be entitled to offset only insofar as the User´s counterclaim is acknowledged, undisputed, or assessed in a legally binding judgment.

(3) Any changes or amendments to the contract including any changes or amendments to this provision shall be in text form. This shall also apply as regards any changes or the cancellation of this clause.

(4) The contract shall be governed by, and be construed in accordance with, the laws of the Federal Republic of Germany, without regard to principles of conflicts of laws and without regard to the UN Convention on the Sale of Goods. In case the User has his/her/their habitual residence in a different country within the scope of Regulation (EC) No 593/2008 (Rome-I) the application of mandatory legislation of this country shall remain unaffected by the choice of law under the foregoing sentence.

(5) Place of performance shall be App Provider´s seat.

(6) In case of a dispute a User may contact the European ODR platform as regards the possibility of using the ODR platform for resolving the dispute: https://ec.europa.eu/consumers/odr/. Beyond that App Provider is neither prepared nor required to participate in dispute settlement proceedings before a consumer arbitration board.

(7) If one or more provisions of these Terms of Use are or become invalid or void, the validity of the other provisions shall not thereby be affected. Instead, the parties shall endeavor to agree on a valid provision that comes closest to what the parties had intended with respect to the economic purpose under the invalid or void provision.

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