Web Services Terms

1. Scope and contracting party

These general terms and conditions govern the use of the Borafit web services at borafit.app and the contracts concluded there. Your contracting party is Borafit UG (haftungsbeschränkt), Straße der Jugend 18, 14974 Ludwigsfelde, Germany.

When you register in the Borafit app we show you these terms before you submit your email address; you accept them expressly by ticking the box. You can view, print and save the applicable version on this page at any time.

This applies equally where you install the Borafit app on your device: it is not a separate application but the same web service, and these terms apply to it unchanged.

Deviating terms of the user do not become part of the contract, even if we do not expressly object to them.

2. Conclusion of contract

The presentation of our services does not constitute a binding offer. By submitting the registration form you make an offer to conclude a usage contract. The contract is concluded once you successfully enter the confirmation code we email you.

We do not store the contract text separately. You can view these terms here at any time.

3. Age of majority

Use requires you to be of full legal age. By registering you confirm that you are at least 18 years old.

If we learn that an account is held by a minor, we will suspend and delete it.

4. Description of services

Borafit provides an automatically generated training plan based on your own inputs, together with a catalogue of exercise videos from our performers and functions for managing your account and profile.

As a performer, your profile and the videos you have published are visible to other members within the service and discoverable through search there; you upload videos and we publish them once we have reviewed them; you can unpublish any of your videos at any time, and we do not publish one again after you have hidden it; and you may link your own addresses in your profile. Beyond that, you can make your profile reachable on the open internet: this setting is offered to you when you accept our Performer Terms, ticked by default, and you can untick it there or switch it on and off again at any time in your account settings; until you have accepted our Performer Terms, your profile is shown only to signed-in members; while it is switched on, your profile can be retrieved at its own web address without a Borafit account and without signing in, and search engines can index it and show it in their results. We do not owe and do not warrant any particular reach, visibility, placement, or number of views. You can end your status as a performer yourself at any time in your account settings. Doing so withdraws your published videos from the service — they no longer appear in search, in discovery areas, or in training plans we generate — without deleting them at that moment; section 7 sets out when they are deleted. You can return from the same place at the earliest 48 hours later; doing so republishes exactly the videos your step-down withdrew, except any video whose visibility we had already restricted or that you had already unpublished yourself, which remain as they were.

Some functions are available free of charge. Paid services are expressly identified as such before booking; scope, price, term, and billing period follow from the respective service description in the ordering process.

Borafit is not a medical device and does not replace medical, physiotherapeutic, or other expert advice. Please read our Health and Safety Notice, which forms part of these terms.

We owe the provision of the service, not the achievement of any particular training, health, or body-composition result. Any such outcome depends substantially on your own inputs, your execution, and your individual circumstances, and is not warranted by us.

Training science develops continuously. We align our content with recognised sports-science findings but do not warrant that it reflects the most current state of research at any given time.

5. Prices, payment, and term

All prices are final prices including statutory VAT where applicable. The price, term, and billing period are shown to you before you place your order; the order is placed via a button expressly marked as carrying an obligation to pay.

A paid subscription renews for the agreed billing period unless terminated beforehand. You may terminate at any time with effect from the end of the current billing period. Termination is possible in the Borafit app; an email to [email protected] is also sufficient.

6. Right of withdrawal

Consumers have a statutory right of withdrawal for paid contracts. Details, the withdrawal period, and the model withdrawal form are set out in our Withdrawal Policy.

7. Your content and our rights

You retain all rights in the content you upload or enter — in particular your exercise videos, profile and banner images, your profile description, and linked addresses.

So that we can display this content at all, you grant us a non-exclusive, territorially unrestricted, revocable, and royalty-free right to store it, process it technically — in particular to convert its size and format, to transcode videos, and to generate preview images from them — and display it within the service to those for whom you have made it visible. Beyond that, we may make published exercise videos and the preview images generated from them publicly available, so that they can be viewed, shared, and linked to on the pages we provide without a Borafit account; we serve the video files themselves only to those pages and our apps. This right is limited to operating and promoting the service. We do not use your content for third-party advertising and grant no rights in it to third parties. Within the service and to promote the service itself, we may feature published performer content — for example in search, in discovery areas, and in example views. You may object at any time, without formality, by e-mail to [email protected]; we will then stop featuring it.

If, as a performer, you have accepted our Performer Terms, they additionally govern every video published on your performer profile — including videos the Borafit team uploaded for you. This section 7 continues to govern the licence for what you upload yourself as a member.

Because this right is non-exclusive, you remain free to use your content yourself, to publish it elsewhere, and to grant others rights in it. Anyone who wants to use your content beyond viewing, sharing, or linking to those pages — in particular to download, reproduce, edit, or re-upload it, or to embed the video files themselves in other websites and apps — needs your permission; we do not grant it on your behalf. We mark published videos with a rights notice that identifies you as the rights holder and reserves text and data mining.

Where you have made your profile reachable on the open internet (section 4), this right expressly includes making your profile publicly available on a page we provide at its own web address — with your display name, username, description, linked addresses, and profile and banner image, including a preview image generated from them — so that the page can be retrieved without a Borafit account and without signing in; search engines can index it and show it in their results. If you switch the setting off again, we stop providing that page; we have no access to copies of it that third parties have cached.

Where a link to your published content is shared, we may provide a link preview for it — a title, a description, and a preview image — which is also displayed outside Borafit, for example in messengers, social networks, and search engines. We do not reproduce the video itself in that preview.

The licence ends when you delete the content or your account is deleted. If you end or decline your status as a performer yourself, or an offer of it ends unanswered after 30 days and counts as declined, your videos are hidden at once and deleted 30 days later unless you restore your performer status before then; the licence ends with that deletion. If we end your status as a performer, that does not end the licence and does not delete your content — it only pauses our display of it until you return. Technically unavoidable delays in removing it from caches and from training plans already generated remain unaffected. We have no access to copies of a link preview cached by search engines, messengers, or social networks themselves; you must request their deletion from the provider concerned.

You warrant that you hold the necessary rights in your content and that it infringes no third-party rights.

If your content infringes third-party rights contrary to that warranty, you indemnify us against the claims asserted against us as a result, including the reasonable costs of legal defence. This does not apply where you are not responsible for the infringement.

All rights in Borafit itself remain with us — in particular in the software, in the structure and compilation of the exercise catalogue, in the exercise names and classifications, and in the training plans generated from them. You may use them for your own training; any use beyond that, in particular systematic extraction, reproduction, or redistribution, requires our prior consent.

8. Rules of conduct and moderation

Our Community Guidelines and our Content Guidelines apply. They form part of these terms and describe which content and conduct are not permitted.

We do not generally monitor published content and are not obliged to do so. We will act when we become aware of illegal content or breaches of these terms — in particular through our reporting procedure. Possible measures are: removing or blocking content, restricting its visibility, issuing a warning, and suspending or terminating the account.

Anyone can report a video, from the app or from the video's share page, with an explanation, their contact details and a statement that they believe the information to be accurate and complete. We confirm the report on screen and tell the reporter our decision by email. While a reported video is being reviewed, we may hide it. We may take a video down; we then give the uploader a statement of reasons. A video that has been taken down is not deleted. You may object to a decision informally by email to [email protected]. We delete a reporter's contact details and report text 12 months after the decision.

We choose the measure that is necessary to remedy the breach and least burdensome for you. Where a measure is directed against content you provided, we will inform you with reasons in the app. If we take down a video of yours that was published, you may object informally by email to [email protected]; we will review the objection and inform you of the outcome. A decision on an upload that was never published is final. Your right to bring the matter before the courts is unaffected.

9. Availability and changes to the service

We aim for availability that is as continuous as possible, but we do not owe any particular availability rate. We announce maintenance work where this is reasonable and not precluded by urgency.

We may develop the service further and change, add, or discontinue individual functions where there is an objective reason — such as adapting to changed law or case law, a security vulnerability, technical requirements, the discontinuation of a third-party service, or the further development of our offering — and the change is reasonable for you, taking our interests into account. A change that materially reduces the contractually owed scope of services will be announced to you in text form at least six weeks in advance. In that case you may terminate the contract extraordinarily before the change takes effect; we will refund fees paid in advance on a pro-rata basis.

We provide updates that maintain the functions and close security vulnerabilities. For paid services, we provide for the duration of the contract the updates necessary to keep the service in conformity with the contract.

Use requires a suitable device, a current browser and an internet connection; we do not owe those prerequisites. We may cease supporting very old browser versions after reasonable notice where their continued operation is no longer justifiable on technical or security grounds.

10. Term and termination

You can delete your account at any time and without giving reasons — in the Borafit app or through our delete account page. For paid subscriptions, section 5 applies in addition.

We may terminate the contract for services provided free of charge with four weeks' notice in text form. Both parties' right to extraordinary termination for good cause remains unaffected; good cause exists for us in particular in the event of a serious or repeated breach of sections 7 or 8.

We may delete a free account that has not been signed into for more than 24 months. We will notify you by email to the address on file at least 30 days beforehand; if you sign in within that period, the account is retained. We do not delete paid accounts for inactivity.

11. Liability

Where we provide you with instructions for exercises and training as part of the service, you must follow them; otherwise there is a risk of injury and of harm to your health. If you use equipment or training aids, it is your responsibility to ensure that they function properly and are correctly set up. You are obliged to observe our Health and Safety Notice.

We are liable without limitation for intent and gross negligence, for fraudulent concealment of a defect, within the scope of a guarantee assumed, and under the German Product Liability Act.

In the case of simple negligence we are liable only for breach of a material contractual obligation. An obligation is material if its fulfilment is what makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In that case our liability is limited to the foreseeable damage typical of this type of contract at the time the contract was concluded.

Otherwise our liability for simple negligence is excluded.

For services provided free of charge we are liable, on whatever legal basis, only for intent and gross negligence and for the absence of a warranted feature; in the latter two cases our liability is limited to the foreseeable damage typical of this type of contract.

The above limitations of liability do not apply to damage arising from injury to life, body, or health. In that respect we are liable under the statutory provisions, regardless of the degree of fault.

The above provisions also apply for the benefit of our legal representatives and vicarious agents.

Contributory negligence on your part, in particular a failure to observe our instructions or our Health and Safety Notice, is taken into account in accordance with the statutory provisions.

You are obliged to protect your access credentials and any second factor from third-party access and to notify us without delay of any suspected misuse.

12. Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

13. Governing law and final provisions

The law of the Federal Republic of Germany applies. If you are a consumer and have your habitual residence in another state, the mandatory consumer protection provisions of that state remain unaffected by this choice of law.

If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is our registered office.

14. Changes to these terms

We may amend these terms where there is an objective reason — such as changed law or case law, a changed range of services, or a gap in the provisions — and the amendment does not unreasonably disadvantage you.

We will announce the amendment in text form at least six weeks before it takes effect, drawing your attention to the change, your right to object, and the consequences of an objection. If you do not object before it takes effect, the amendment is deemed accepted. If you object, the contract continues on the previous terms; in that case we may terminate it ordinarily at the next permissible date.