Velopit

Terms and Conditions

Velopit - Michael Kufner
Schwaigerstraße 8
82362 Weilheim in Oberbayern
Germany
E-mail: michael.kufner@velopit.app

Language of this document. This English version is provided for your convenience. The German version at velopit.app/agb is the legally binding one; where the two differ, the German text prevails.

1. Definitions

The following definitions apply to these Terms:

2. Scope

2.1 These Terms apply to all contracts for the use of the Service between the Provider and the Customer. The Service is aimed exclusively at consumers within the meaning of section 13 BGB. Use by businesses within the meaning of section 14 BGB is not permitted.

2.2 Deviating, conflicting or supplementary terms of the Customer do not become part of the contract, even where the Provider is aware of them, unless the Provider expressly agrees to them in writing.

3. Subject matter and scope of the Service

3.1 The Provider gives the Customer access to the Service via the internet for the digital management of bicycles. The Service includes in particular:

3.2 The Provider owes the possibility to use the Service via the internet within the limits of technical availability. There is no entitlement to uninterrupted, error-free operation. The Provider gives no guarantee that individual features will continue unchanged; the core service under clause 3.1 remains permanently available.

3.3 The specific scope of features depends on the plan chosen by the Customer, as described in the current service description on the Provider's website.

3.4 The Provider may use sub-processors to deliver the Service. It must select them carefully and ensure that they maintain an appropriate level of data protection and security. Sub-processors currently used are: Google Firebase (hosting and data storage, server location Frankfurt am Main, EU), Google Gemini (AI processing for Crew Chief), Stripe Inc. (payment processing), Brevo GmbH (e-mail delivery, server location EU) and Strava (optional activity synchronisation). The Provider will inform the Customer of material changes to sub-processors.

3.5 The Customer provides the hardware, software and internet connection required for use at their own expense.

3.6 The Service can also be used through the Velopit app for Android (Google Play) and for iOS (Apple App Store). The Customer's contractual partner for the use of the Service is exclusively the Provider; Google and Apple assume no obligations to perform, maintain or support the Service. The paid Ride plan can be purchased on the website velopit.app or in the iOS app through the Apple App Store (purchase through the Apple App Store). For a purchase through the Apple App Store, Apple is the seller; for customers in Germany, Austria and Switzerland this is Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Ireland. Apple handles ordering, payment, renewal, cancellation and refunds under its own terms. The Android app shows the current plan but does not offer purchases. The terms of use of the respective store apply in addition to the download and use of the apps; for the iOS app, Apple's standard licence agreement (Licensed Application End User License Agreement) applies.

4. Plans and conclusion of the contract

4.1 The Provider offers the following plans:

4.2 The plans shown on the website or in the iOS app are not binding offers but an invitation to the Customer to make an offer (invitatio ad offerendum). For an order on the website, the contract is concluded when the Customer completes the order process and the Provider accepts the order by sending a confirmation e-mail. For a purchase through the Apple App Store, the Customer makes their offer by confirming the purchase in Apple's purchase dialogue; the purchase is concluded with Apple as the seller under clause 3.6, and the Provider then activates the Ride plan in the Customer's account. There is no confirmation e-mail from the Provider in this case.

4.3 For the free Basic plan, the contract is concluded when the Customer registers and the account is activated.

4.4 The Provider is a small business within the meaning of section 19 of the German VAT Act (UStG). Prices shown on the website do not include VAT; no VAT is charged for orders placed on the website. For purchases through the Apple App Store, Apple is the seller; the prices shown there are final prices including the applicable VAT, which Apple remits.

5. Right of withdrawal

5.1 As a consumer, the Customer has a statutory right of withdrawal. The withdrawal instructions follow below.

5.2 The Customer may additionally declare the withdrawal electronically through the Provider's withdrawal function at velopit.app/vertrag-widerrufen (in German). The Customer receives an electronic confirmation of receipt of the withdrawal without undue delay. Use of this function is not mandatory; the withdrawal may still be declared informally, for example by e-mail or by post.

5.3 For a purchase through the Apple App Store, Apple is the seller; the Customer exercises the right of withdrawal towards Apple, for example at reportaproblem.apple.com. Refunds for purchases through the Apple App Store are requested from Apple. The withdrawal function under clause 5.2 and the withdrawal instructions below apply to orders placed on the website.

Withdrawal instructions

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (Michael Kufner, Schwaigerstraße 8, 82362 Weilheim in Oberbayern, Germany, e-mail: michael.kufner@velopit.app) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an e-mail). To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw 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.

Expiry of the right of withdrawal: For a contract for the provision of services, the right of withdrawal expires early if the Provider has fully performed the service and performance began only after the consumer gave their express consent and at the same time confirmed their awareness that they lose their right of withdrawal upon full performance of the contract.

6. Availability, support and service level

6.1 The Provider aims for the highest possible availability of the Service. No specific availability rate is guaranteed.

6.2 Support is provided by the Provider on a best-effort basis exclusively by e-mail (michael.kufner@velopit.app). There is no entitlement to telephone support, to support at specific times or to a response within a specific period.

6.3 Planned maintenance is announced in advance by e-mail or on the website where possible.

6.4 The Provider may temporarily restrict or suspend the Service for: planned or unplanned maintenance; further development and security updates; and in the event of force majeure under clause 7 of these Terms.

6.5 Where the Provider uses services of sub-processors to deliver the Service, its liability for their outages is limited to the liability rules in clause 15 of these Terms. In particular, the Provider is not liable for outages that occur despite careful selection of the sub-processors.

7. Force majeure

7.1 The Provider is not liable for non-performance or delayed performance of its contractual obligations to the extent this is caused by events of force majeure beyond the Provider's control whose effects could not have been prevented despite reasonable precautions.

7.2 Events of force majeure include in particular: natural disasters, fire, floods; power outages or failures of telecommunications infrastructure; cyberattacks or DDoS attacks by third parties; outages of sub-processor infrastructure (in particular Google Firebase, Google Gemini, Stripe, Brevo, Strava); pandemics, strikes, official measures or acts of war.

7.3 The Provider will inform the Customer without undue delay of such an event and its expected duration and will endeavour to restore the Service as quickly as possible.

7.4 During an event of force majeure, the obligations of both parties are suspended. For paid plans, an interruption lasting longer than 72 hours is credited on a pro-rata basis.

8. Rights of use, restrictions and rate limits

8.1 For the term of the contract, the Provider grants the Customer a non-exclusive, non-transferable and non-sublicensable right to use the Service within the scope of these Terms.

8.2 The Customer must not:

8.3 Use of the Service is subject to plan-dependent usage limits (rate limits):

8.4 In the event of a breach of clause 8.2, the Provider may temporarily block the Customer's access without prior warning or terminate the contract for cause.

8.5 All rights in the software, the algorithms, the user interface and other protected positions remain with the Provider.

9. Customer Data, ownership and rights of use

9.1 Customer Data remains the property of the Customer. The Provider does not acquire ownership of Customer Data through the use of the Service.

9.2 The Customer grants the Provider a simple, free right of use in the Customer Data, limited to the term of the contract, to the extent technically necessary to provide the Service (for example storage, display, processing by Crew Chief).

9.3 The Provider may create fully anonymised and aggregated usage data from Customer Data (for example statistics on the frequency of maintenance intervals or AI requests). This anonymised data allows no conclusions about individual customers and may be used by the Provider to improve the Service and for statistical analyses. This anonymised data is not passed on to third parties for marketing purposes.

9.4 The Customer is responsible for the lawfulness of the data entered into the Service and for holding the consents and legal bases required for its processing.

10. AI assistant "Crew Chief"

10.1 Crew Chief is based on the AI model Google Gemini and provides automatically generated information, recommendations and technical notes relating to bicycles and components.

10.2 Crew Chief's output does not constitute binding expert advice and does not replace the assessment of a qualified professional (for example a bicycle mechanic). Before first using Crew Chief, the Customer expressly confirms that they have understood this limitation and will check recommendations on their own responsibility.

10.3 The Provider accepts no liability for damage to bicycles, components or persons resulting from the implementation of AI-generated recommendations, unless the damage is due to intent or gross negligence on the part of the Provider.

10.4 The number of available AI requests depends on the chosen plan under clause 8.3.

11. Data protection and data security

11.1 The Customer's personal data is processed exclusively in accordance with the Provider's privacy policy, available at velopit.app/en/privacy.

11.2 The Provider uses Google Firebase (server location Frankfurt am Main, EU) to store Customer Data on the basis of a data processing agreement under Article 28 GDPR. For orders placed on the website, Stripe is used for payment processing; in that case payment data is processed exclusively by Stripe and is not stored by the Provider. For a purchase through the Apple App Store, Apple processes the payment data; the Provider does not receive it. The privacy policy describes which information the Provider receives about a purchase through the Apple App Store.

11.3 The Provider performs regular backups but gives no guarantee that data can be fully restored in the event of a technical failure. The Customer is responsible for regularly exporting and locally backing up data that is important to them.

11.4 After the contract ends, the Customer's access to the Service is blocked. On request, the Provider gives the Customer the possibility to export their data in a common format. All Customer Data is then deleted unless a statutory retention obligation applies.

12. Customer's duties to cooperate

12.1 The Customer must provide the information required for registration and use completely and correctly and update it without undue delay when it changes.

12.2 The Customer must keep their access credentials confidential and protect them from access by third parties. Suspected misuse must be reported to the Provider by e-mail without undue delay. The Customer is liable for all activity under their account until the misuse is reported to the Provider.

12.3 The Customer must inform the Provider without undue delay of errors or malfunctions of the Service.

12.4 The Service is aimed at persons aged 18 and over. By registering, the Customer confirms that they are at least 18 years old.

13. Fees and payment terms

13.1 The Basic plan is permanently free of charge. There is no legal entitlement to it remaining free; changes are announced in accordance with clause 17 of these Terms.

13.2 For the paid Ride plan, the annual fee is due when the contract is concluded. For an order on the website, it is collected through Stripe. The annual fee renews automatically for a further year unless the Customer cancels no later than the last day of the current contract year. On automatic renewal, the annual fee is collected again automatically through Stripe from the stored payment method at the start of the new contract year. The Customer is informed of this by e-mail in good time. For a purchase through the Apple App Store, Apple collects the annual fee through the payment method stored in the Apple ID. The subscription renews automatically for a further year unless the Customer turns off automatic renewal in the subscription settings of their Apple ID in good time before the end of the current contract year; the applicable deadline follows from Apple's terms. On automatic renewal, Apple collects the annual fee again. If the Provider grants an introductory offer for a purchase through the Apple App Store, such as a free trial, its duration and the subsequent price are shown before the purchase; whether the Customer receives the offer is governed by Apple's terms. If the subscription is not cancelled before the end of the trial, it converts into the paid annual subscription at the end of the trial, and the annual fee becomes due.

13.3 Pioneer and Early Adopter are billed once and entitle the Customer to permanent use of the Service to the extent of the Ride plan for as long as the Provider operates the Service.

13.4 In the event of late payment, the Provider may block access to the Service and charge default interest of 5 percentage points above the base rate.

13.5 Invoices for orders placed on the website are delivered by e-mail. An e-mail is deemed received as soon as it can be retrieved in the recipient's mailbox, regardless of whether the recipient has actually taken note of it. For purchases through the Apple App Store, the Provider does not issue an invoice; the Customer receives the purchase receipt from Apple.

13.6 The Provider is a small business within the meaning of section 19 UStG. Prices shown on the website do not include VAT; no VAT is charged for orders placed on the website. For purchases through the Apple App Store, Apple is the seller; the prices shown there are final prices including the applicable VAT, which Apple remits.

13.7 For orders placed on the website, payment is processed exclusively through Stripe Inc. Available payment methods are shown to the Customer during the order process. Stripe processes payment data in accordance with its own privacy policy (stripe.com/privacy); the Provider has no access to the Customer's complete payment data. For a purchase through the Apple App Store, payment is processed exclusively by Apple under its terms; the Provider receives no payment data of the Customer.

13.8 If a payment collection through Stripe fails, the Customer is informed by e-mail. The Provider may block access to the Service until payment has been received in full. Reminder costs or bank charges incurred are borne by the Customer to the extent the Customer is responsible for the failed payment. If a renewal fails for a purchase through the Apple App Store, Apple retries the collection under its terms; during a grace period, the features of the Ride plan remain available. If the subscription with Apple ends without a successful payment, the account continues on the Basic plan.

14. Warranty and rights in case of defects

14.1 The Service is provided as a SaaS platform. The contractual relationship for the time-limited use of the Service is governed by the provisions of German tenancy law (sections 535 et seq. BGB) applied by analogy.

14.2 A defect exists only if the core functionality of the Service is significantly and permanently impaired. Temporary restrictions, in particular due to maintenance or events under clause 7, do not constitute a defect.

14.3 In the event of a material defect, the Provider is first entitled and obliged to remedy it. If the remedy fails twice, the Customer has the statutory rights.

14.4 The Customer's statutory warranty rights as a consumer remain unaffected in full.

15. Liability

15.1 The Provider is liable without limitation for intent and gross negligence and for injury to life, body or health.

15.2 In the event of a negligent breach of a material contractual obligation (cardinal obligation), the Provider's liability is limited in amount to the typical damage foreseeable at the time the contract was concluded.

15.3 Any further liability of the Provider is excluded. In particular, the Provider is not liable for:

15.4 The above exclusions of liability do not apply to the extent they are impermissible under the German Product Liability Act or other mandatory statutory consumer protection provisions.

15.5 The Customer indemnifies the Provider against all claims by third parties asserted on the basis of the Customer's breaches of these Terms or applicable law.

15.6 The above limitations of liability also apply to the Provider's vicarious agents and legal representatives.

16. Term, termination and transfer of the contract

16.1 The Basic plan runs for an indefinite period and may be terminated by either party at any time without notice.

16.2 The paid Ride plan has a minimum term of one year and renews automatically for a further year unless the Customer cancels no later than the last day of the current contract year. For a purchase through the Apple App Store, clause 16.5 applies to cancellation; the applicable deadline follows from Apple's terms. If a subscription with a free trial under clause 13.2 is cancelled before the end of the trial, no annual fee becomes due.

16.3 The Pioneer and Early Adopter plans cannot be terminated. If the Service is permanently discontinued, the Provider refunds a pro-rata amount based on an assumed period of use of 5 years from the date of purchase.

16.4 The right of both parties to terminate for cause remains unaffected. Good cause for the Provider includes in particular: breach of clause 8.2; late payment despite a reminder; misuse of the Service or a threat to security.

16.5 Cancellations are made primarily through the Customer's account in the Service. If this is technically not possible, the cancellation may exceptionally be declared by e-mail to michael.kufner@velopit.app. A subscription taken out through the Apple App Store is cancelled by the Customer in the subscription settings of their Apple ID; the Provider cannot cancel it. Deleting the account in the Service does not end such a subscription.

16.6 After the contract ends, access is blocked. On request, the Provider gives the Customer the possibility to export their data.

16.7 The Provider may transfer the contract and all rights and obligations arising from it to a third party (for example as part of a business transfer). The Customer is informed of this at least 6 weeks in advance and has a special right of termination in that case. The Customer may not transfer the contract without the Provider's written consent.

17. Changes to these Terms

17.1 The Provider may change these Terms for objectively justified reasons.

17.2 Customers are informed of changes by e-mail no later than six weeks before they take effect. An e-mail is deemed received in accordance with clause 13.5 of these Terms. If the Customer does not object within four weeks of receipt, their consent is deemed given. The notice expressly points out the deadline and the consequences of not objecting.

17.3 In the event of an objection, the Customer has a special right of termination effective at the time the change takes effect. Annual fees already paid are refunded pro rata. For a purchase through the Apple App Store, the Provider does not refund a pro-rata amount; the Customer may request a refund from Apple, for example at reportaproblem.apple.com, and cancels the subscription under clause 16.5 in the subscription settings of their Apple ID.

17.4 Changes that exclusively benefit the Customer may take effect without a notice period.

18. Set-off, right of retention and assignment

18.1 The Customer may only set off counterclaims that have been finally established by a court, are undisputed or have been acknowledged by the Provider.

18.2 The Customer may only exercise a right of retention if their counterclaim arises from the same contractual relationship.

18.3 The Customer may not assign rights and claims under this contract to third parties without the Provider's written consent.

19. Final provisions

19.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

19.2 For consumers, this choice of law applies only to the extent it does not restrict mandatory consumer protection provisions of the state in which the consumer has their habitual residence. The place of jurisdiction is the consumer's place of residence or, at the consumer's option, the Provider's registered office in Weilheim in Oberbayern.

19.3 Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a valid provision that comes closest to its economic purpose (severability clause).

19.4 There are no verbal side agreements. Changes and additions must be made in text form.

20. Online dispute resolution

The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. The Provider is in principle neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board under the German Consumer Dispute Resolution Act (VSBG). Should the Provider agree to take part, it will inform the Customer separately.

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