General Terms and Conditions

§ 1 Scope

1. The following General Terms and Conditions are part of every contract between upstrong inc limited, Gontarstraße 11, 10178 Berlin, Germany (hereinafter: service provider) and the user of the services of the service provider. Also bound by these terms are the legal successors of the service provider as well as those of the user.

2. These General Terms and Conditions apply exclusively to users from the Federal Republic of Germany.

3. The service provider provides its services on the basis of these General Terms and Conditions as well as on the basis of special conditions, which are separately agreed within the scope of using the services. Unless the special conditions provide otherwise, the special conditions take precedence over the General Terms and Conditions.

4. The validity of these General Terms and Conditions extends to all services offered on the website xletics.net by the service provider.

§ 2 Conclusion of Contract

1. The presentation of the services on the xletics.net website constitutes an invitation to submit an offer by the user.

2. The contract between the service provider and the user comes into existence through the following steps: (1) by activating the confirmation or playback button that is displayed after calling up a service of the service provider on the user's mobile device and (2) by the subsequent establishment of the possibility to use these services by the service provider.

3. The establishment of the possibility to use by the service provider occurs at the latest within 24 hours after activation by the user pursuant to § 2.2.(1) above.

4. The user can immediately after the establishment of the possibility to use access and use all services offered on the xletics.net website via their mobile device.

§ 3 Payment Terms

1. The prices communicated to the user on the website for the respective services apply. These include the statutory value-added tax and apply for the specified period. Not included in the prices are connection charges incurred when accessing the services of the provider, which are charged to the user by their mobile network operator.

2. The fee payable by the user for the use of the service provider's services becomes due immediately upon conclusion of the contract and without deduction, unless the special conditions for the respective service provide otherwise. The fee is collected on behalf of the service provider by the user's mobile network operator within the framework of mobile billing.

§ 4 Rights of Use

1. The user obtains a non-transferable, time-limited, geographically unrestricted right to use the services provided by the service provider.

§ 5 Accessibility

1. The service provider guarantees an availability of the services provided by it of 99.5% on an annual average.

2. The service provider designs its offer in compliance with the technical standards available on the market and thereby strives to ensure that the user can use the service provider's services.

§ 6 Limitation of Liability / Indemnification

1. The liability of the service provider for slight negligence is excluded. This does not apply to personal injuries.

§ 7 Data Protection

1. The user's personal data are used exclusively for processing the contracts concluded between the parties, for example for billing purposes.

2. All personal data of the user transmitted to the service provider will not be disclosed to third parties without the user's written consent, unless this is required due to legal or regulatory order.

3. Upon complete processing of the contract, the data of the user which must be kept for legal reasons will be blocked. These data are no longer available for further use. Otherwise, the personal data will be deleted unless the user has expressly consented to further processing and use of their data.

4. If further information is desired or if the user wishes deletion of their data, support is available at the email address info@mobileinfo.biz.

§ 8 Duration of the Contract

1. The contract is concluded for the duration specified during contract formation. The contract automatically extends for this contract period until a proper termination of the contract is submitted. For a proper termination, the user must go through the unsubscribe procedure communicated to the user by the service provider after contract conclusion.

2. Not affected by the rule in § 10(1) of these General Terms and Conditions remains the possibility of an extraordinary termination for an important reason.

§ 9 Applicable Law / Final Provisions

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Should individual provisions of this contract be invalid or conflict with statutory regulations, the contract remains otherwise unaffected.

§ 10 Right of Withdrawal

1. You generally have the right to withdraw from a distance contract concluded with us within 14 (fourteen) days without giving reasons, starting from the day of contract conclusion. Exercising the withdrawal right means you owe nothing to pay or a payment already made must be refunded to you. The model withdrawal form can be found here: Withdrawal Form

2. The withdrawal right expires under § 356(5) BGB if you have agreed that we may begin performance of the contract before the withdrawal period ends, you acknowledge that by agreeing to the start of performance you lose your withdrawal right and we then commence performance.