Terms and Conditions

2.1. Contracting parties and subject matter

These T&C form the basis for all usage and purchase contracts, services, and subscriptions you take advantage of via our app or web portal (together, the "Platform") under the name KickJourney, regardless of whether they are paid or free of charge. We do not accept deviating terms.

2.2. Participation requirements

Creating a user account and using our paid and free services requires that you are at least 13 years old. Users under 18 require the consent of a parent or legal guardian. Use of the KickJourney Platform is permitted for private purposes only. Business users are excluded unless a separate B2B agreement has been made with us.

2.3. Supplementary conditions

We reserve the right to agree on supplementary conditions for individual services or products, of which we will inform you in a timely manner.

3.1. Registration for free services

When registering on our Platform to use the free services, the usage contract is formed upon completion of the registration process pursuant to Section 4.1 of these T&C. Providing a valid email address is required. You have no claim to admission or use. Upon completion of the registration process, a gratuitous contractual relationship is established and these T&C become part of it.

3.2. Contract formation for paid services and subscriptions

You can purchase KickJourney Plus features, analysis bundles, or subscriptions by one-time payment or by entering into a recurring subscription. The contract is formed when you click the "Buy now" or similarly labelled button after entering your payment details. For in-app purchases, the terms of the respective app store provider (Apple, Google, etc.) also apply.

3.3. Correcting input errors

Before completing a paid transaction, you can correct your entries at any time using the back function of your browser or in the app. Closing the app or browser cancels the entire process.

3.4. Contract language

The contract with us is concluded in the German language.

4.1. Registration for free services

To use the free features, you create a user account. By completing the registration process, you agree to these T&C and our privacy policy. After successful registration, you will receive a confirmation email. Registration via Google or Apple Login is also possible.

4.2. Registration for paid services

To use paid services, additional information is requested during the ordering process. Processing is handled by our payment service provider. For information on data processed, see our privacy policy on our website.

4.3. Registration via the mobile app

When registering via mobile apps, the contract is deemed to be concluded when you click "Install" in the respective store and complete the relevant authorization steps. The prerequisite for using all KickJourney services is always the creation of a free user account.

5.1. Free and paid services

KickJourney offers a freemium model. In the free tier (Free), you have access to basic training videos and a limited number of exercises. Under our paid tier (Plus) or by purchasing analysis bundles, you gain access to extended features, including:

• Personalized training plans for technique and athletics
• AI-powered movement analyses from your video uploads
• Full video library with coaching commentary
• Access to the KickJourney community

The exact scope of services for each tier is described on our Platform.

5.2. Prices

The current prices are shown on our Platform. All prices include the applicable statutory VAT.

5.3. Terms and cancellation of subscriptions

Our subscriptions are offered with different terms (e.g., monthly or annual). They renew automatically for the chosen period unless cancelled. The term begins upon acquisition of the subscription.

You can cancel any subscription at any time without giving reasons at the end of the minimum term or the respective renewal period. In-app subscriptions must be cancelled via the settings of the respective app store (Apple App Store or Google Play). For iTunes subscriptions, a cancellation period of 24 hours before the end of the billing period applies for technical reasons.

5.4. Access to digital content

After conclusion of the contract and full payment, the purchased content and features will be unlocked in your user account. You have no right to repeated free provision of digital content already received.

7.1. Health prerequisites

Use of KickJourney services and performance of the training exercises is at your own risk. A generally good state of health is required. If you have any pre-existing medical conditions, we strongly recommend that you consult a doctor before starting. This applies in particular to:

• Cardiovascular diseases
• Pulmonary or respiratory diseases (including asthma)
• Spinal and/or joint problems
• Neuromuscular diseases
• Post-surgical condition
• Other health limitations

Always pay attention to the signals of your body. If you experience pain, dizziness, nausea, or other discomfort during training, stop the exercise immediately and consult a doctor.

For users under 18, we recommend coordinating training with a coach or experienced adult. Pregnant women should not use KickJourney training sessions without express medical clearance.

7.2. No substitute for professional advice

The content, videos, and analyses provided by KickJourney do not constitute medical, physiotherapeutic, or sports medicine advice. They do not replace examination or treatment by a qualified doctor or therapist.

7.3. Training methods

Sports science knowledge is continuously developing. We strive to align our content with current research findings, but cannot guarantee that all content always reflects the latest state of sports science.

8.1. Rights holder

KickJourney and all content created by us on the Platform – including videos, training concepts, analyses, graphics, and other materials – are protected by copyright or other intellectual property rights. All rights thereto belong exclusively to KickJourney. Rights to content you post remain unaffected.

8.2. Platform availability

We strive to offer the Platform and our services without interruption. However, technically caused outages, maintenance work, or force majeure may lead to temporary limitations. We will endeavour to restore availability as quickly as possible but cannot guarantee permanently trouble-free operation.

8.3. Maintenance work

We are entitled to temporarily take individual services or the entire Platform offline for maintenance and repair purposes, insofar as this is reasonable for you.

8.4. Discontinuation of services

We reserve the right to modify or discontinue individual features or services. If paid services for which you have already made payment are discontinued, a pro-rata refund may be made upon request.

8.5. Measures in case of violations

In the event of unlawful behavior or violations of these T&C, we reserve the right to delete content, temporarily block access, or terminate the user account. We will inform you thereof by email.

9.1. Intended use

You may only use the KickJourney Platform, services, and purchased content within the framework of these T&C and for private, non-commercial purposes. In particular, you are not permitted to distribute, make publicly accessible, reproduce, or commercially exploit content in any form.

9.2. Access credentials

You are obligated to keep your access credentials confidential and not to pass them on to third parties. If you suspect misuse of your account, please notify us immediately.

10.1. Statutory provisions

The statutory provisions apply to claims based on material defects.

10.2. No guarantee of success

We make no representations or guarantees that the use of KickJourney will achieve specific sporting results. Training success is also influenced by individual factors such as physical disposition, prior experience, and personal commitment and may therefore vary considerably.

11.1. General

Instructions and training guidance provided as part of KickJourney are to be followed carefully. If aids or equipment are used for exercises, it is your responsibility to ensure these are properly functioning, set up, and maintained.

11.2. Liability principles

We are liable for claims for damages arising from injury to life, body, or health, as well as from the violation of essential contractual obligations. We are also liable for damages based on intentional or grossly negligent breaches of duty by us, our legal representatives, or vicarious agents. Beyond that, claims for damages are excluded.

11.3. Liability for simple negligence

In the event of a breach of essential contractual obligations through simple negligence, our liability is limited to the typically foreseeable damage within the scope of the contract, unless it involves personal injury or health damage.

11.4. Limitation period

The general limitation period for claims for damages based on material and legal defects is one year from delivery. Mandatory statutory special provisions remain unaffected.

13.1. No liability for third-party content

You are solely responsible for content you upload to the Platform (e.g., training videos for analysis). We do not adopt this content as our own and assume no responsibility for its accuracy or quality.

13.2. Prohibited content

You are obligated to comply with all applicable laws when providing content. In particular, you are prohibited from:

• Providing pornographic, violent, racist, discriminatory, or offensive content
• Violating the rights of third parties, in particular copyright, trademark, or personal rights
• Transmitting content that you are not authorized to share
• Sending unsolicited advertising, spam, or chain letters
• Accessing KickJourney data or systems without authorization

We are entitled to delete or block unlawful content at any time.

13.3. Indemnification

In the event that you violate the principles set out in Section 13.2, you are obligated to indemnify us against third-party claims at first request and to hold us harmless. This includes reimbursement of legal defense costs.

15.1. Usage contract

You can delete your user account at any time without giving reasons. All data and content you have submitted will then be deleted. Payments already made for ongoing subscriptions will not be refunded on a pro-rata basis in the event of account deletion. We are also entitled to terminate the usage contract – at the earliest at the end of the minimum term or renewal period – without giving reasons.

15.2. Cancellation of subscriptions

Each subscription must be cancelled separately – at any time, without giving reasons, at the end of the minimum term or renewal period. Cancellation can be made by email to support@kickjourney.pro or via the settings of the respective app store. After cancellation of a subscription, your user account remains active.

15.3. Extraordinary termination

We are entitled to terminate the contractual relationship without notice and with immediate effect if you breach these T&C in a particularly serious or repeated manner, or if you are in default of due payments despite a reminder.

16.1. Withdrawal policy

If you enter into a usage contract or a subscription or additional services contract with us, you have the following right of withdrawal:

You have the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of contract conclusion.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by a clear statement (e.g., by email):

To meet the withdrawal deadline, it is sufficient that you send the communication regarding the exercise of the right of withdrawal before the expiry of the period.

16.2. Lapse of the right of withdrawal

The right of withdrawal lapses for digital content when we have begun performance after you have expressly consented and acknowledged that you will lose your right of withdrawal upon the beginning of performance.

18.1. Applicable law

Austrian law applies exclusively to all legal relationships between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to consumers within the European Union, the law of the consumer's habitual residence may also apply insofar as mandatory consumer protection provisions are concerned.

18.2. Place of jurisdiction

For disputes arising from this contractual relationship – subject to mandatory statutory provisions – Vienna is agreed as the place of jurisdiction. For consumers domiciled in another EU member state, the consumer jurisdiction rules applicable there may apply.

18.3. Online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR) at ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

18.4. Severability clause

If individual provisions of these T&C are or become wholly or partially invalid, this does not affect the validity of the remaining provisions. A provision as close as possible to the economic purpose of the invalid provision is deemed to be agreed in its place.

KickJourney FlexCo

Lotte-Profohs-Weg 6/17

1220 Vienna, Austria

Email: support@kickjourney.pro

Website: www.kickjourney.pro