Terms and conditions

AUF DEUTSCH LESEN

Strydal's terms and conditions apply to all users of the Strydal platform. 


This user agreement is established between you (hereinafter referred to as the "contractual partner" or "you") and Strydal GmbH (hereinafter referred to as "Strydal" or "we"), registered with the Munich District Court under number HRB 245160. It regulates your use of the Strydal websites, the Strydal software application and the services offered by Strydal (hereinafter: the "services").


1.General Overview

By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you should not use the services.

As further set forth in the Terms (and without limiting their express terms), by accessing and using the Services you also agree to the following:

You have read and understood our Privacy Policy, to which the terms of this Agreement refer.

Disputes between you and Strydal will, to the extent permitted by law, be settled by binding arbitration, as set out in particular in the attached arbitration agreement. By agreeing to this contract, as set out in more detail below, you and Strydal each waive the right to a public trial or  to a class action lawsuit. 

We are constantly improving our services. This may result in us introducing new features or limiting certain features. We reserve the right to change the services, suspend or discontinue any part of the services at any time.

We reserve the right to change the terms of the contract at any time.

By using the Services after the effective date of the change, you agree to the terms of this Agreement as amended.

If you access the Strydal Services via the Strydal App and have downloaded the Strydal App from the App Store of a third party, the terms and conditions of the respective store provider apply in addition. In the case of the iTunes Store, for example, the "End User License Agreement for Licensed Applications" (available at https://www.apple.com/legal/internet-services/itunes/ww/). Please be sure to review the terms and conditions applicable to your country.

In the event of any conflict, these Terms of Use shall prevail.


2. Use of the Services

2.1 In order to open a user account and use the Strydal services, you must be at least 18 years old and have full legal capacity.

2.2 By entering into the contract you warrant that you do not have another user account with us and that your user account has not been blocked or deleted in the past due to violations of our terms of use. In these cases we will not conclude a further or renewed user contract with you. Furthermore, you assure that all data transmitted within the scope of registration is true and complete.

2.3 Strydal is free to refuse a natural or legal person the use of the services or to change the admission criteria. The services are only available to the user for personal, non-commercial use. Use by third parties is not permitted.


3. Instructor Account

An instructor is someone who provides digital services to users through Strydal. Classically, these are yoga teachers, fitness trainers, meditation teachers and the like.


3.1 Fees and Payouts

For Instructors, there are two fees associated with Strydal.

  • The first is the platform fee, which is 10% of the monthly revenue you earn on Strydal
  • The second is the payment processing fee, which is 3% of the monthly revenue.

If you have chosen a non-standard agreement (eg. a fixed-fee agreement) then its conditions will be sent to you separately.

The Instructor will receive a monthly payout for the revenue generated in the previous calendar month.

Platform fees and payment processing fees are automatically deducted and retained by Strydal.

We reserve the right to adjust platform fees and transaction fees at any time. If we ever need to change the fees, we will let you know in an email.


3.2 Rights

Instructors are the owners of the content they make available on Strydal ('Instructor Content'). 

Strydal reserves the right to check the content on the platform and, if necessary, to remove it or prohibit its upload.

With the coming into effect of this agreement Strydal may use the partner's trademark (including name, logo & photos) for marketing purposes. This right expires when the cooperation is terminated.


3.3 Restrictions

We don’t allow any classes or content that violate the Terms. 

There are limits to what is allowed on Strydal:

  • You cannot promote or sell anything relating, alcohol, smoking substances, weapons or explosives, fireworks or anything related, drugs, pornography, medications, supplements, books that claim to help disease, or access to betting or gambling products or services through the Platform;
  • We do not allow nudity on the Platform or in any classes;
  • Classes that include anything illegal (child abuse, human or animal abuse etc.) are not allowed.

This list is not exhaustive and might change in the future as technologies evolve. If you have doubts about aspects of your Content, please contact us.

We proactively look at some classes, class descriptions and profile pages on Strydal to make sure Instructors follow our Terms. Terminating an Instructor account is not an action we take lightly. However, we reserve the right to do so in our sole discretion.

As an Instructor, you are responsible for keeping safe, and using appropriately, the data of the users in your classes. You may not use any personal data of other users for any reasons other than those allowed by these Terms.


4. User Account

A user is someone who participates in digital services of the instructor.

4.1 Instructors offer services on Strydal - these can be either paid or free of charge. Paid services can be offered in various ways. The instructor can choose different selling options (pay-per-class, memberships tiers or 'credits'). Credits are a virtual currency on Strydal. The user can purchase 'credits', which can then be used to book or participate in services.

4.2 When you use the services offered by the instructor on Strydal, your user information is shared with the instructor. This includes in particular your name, e-mail address, Strydal user account information as well as information about your usage pattern (number of bookings, memberships and purchases). 

4.3 In order to participate in Live Online Classes with an instructor, you must give Strydal access to your microphone and camera. Microphone and camera are necessary for the provision of the service, otherwise the instructor cannot see you or communicate with you. We recommend that you make sure that no sensitive data is visible in the camera's field of vision, neither for the instructor nor for any third parties.

4.4 The owner of Strydal products is the person who has activated the product on the website or in the apps.

4.5 Memberships are renewed automatically unless cancelled in accordance with these membership conditions. After cancellation, the user can continue to use the services until the end of the contract.

4.6 Payment is due on the day of purchase. With the purchase of a membership, you or the user enter into the obligation to make all payments due until the effective cancellation of your membership by you or Strydal.

4.7 To change or cancel your membership, go to your account settings or contact our support team.

4.8 In the following cases Strydal is entitled to terminate, block or suspend your product with or without notice:

  • Your payment is overdue (in which case we will make reasonable efforts to notify you of the overdue payment before taking any of the above actions);
  • You provide false or inaccurate information during registration;
  • You do not comply with the provisions of this agreement or other Strydal regulations that apply to you,
  • You are acting against applicable laws or tariffs (such as copyright and intellectual property laws); or
  • You behave in a manner that threatens, abuses or harasses Strydal employees, representatives or other Strydal users.

4.9 You are obliged to provide Strydal with complete and accurate registration and membership information, to follow the intended registration process and to notify us if your details change during the term of the agreement. If you do not keep your account information up to date, we may have to suspend or terminate your membership without prior notice to you.

4.10 You or the user may only enter personal data that belongs to the user. Names of other persons as well as names, locations, other public profile information or pictures that violate the rights of third parties, that are against the law or are offensive, obscene or otherwise objectionable may not be used. Strydal may decide on the permissibility of such use at its own discretion.

4.11 You or the user are responsible for all activities that take place within the framework of your membership, including all activities by unauthorised users. You may not allow others to use your account in any way. You are obliged to maintain the confidentiality of your access data. If you become aware of unauthorized access to your account, change your password and notify our support team, support@strydal.com.

4.12 The user can cancel the membership at any time. To prevent a new debit, the cancellation must be received at least 3 days before the end of the current membership period.

4.13. Health Requirements

The use of services provided via the Strydal platform is at your own risk. A good general state of health is always a prerequisite for using Strydal services. If you are aware of any previous illnesses, please seek medical advice before using the Strydal services. This applies in particular if you suffer from cardiovascular diseases, spinal and/or joint problems, or other health restrictions that limit your sporting ability. Please do not use the Strydal services if, for example, you experience considerable pain, general discomfort, shortness of breath, nausea or dizziness. In this case, please consult your doctor before you start or continue with Strydal.

4.14. License

Subject to your compliance with the following agreement and terms and conditions, Strydal grants you or the user a limited, non-transferable, non-exclusive, revocable license to access and use the Services solely for your personal, non-commercial use and for no other purpose. This license includes the limited right to view the content available on the services. It applies only to you or the user personally and may not be transferred or sublicensed to any third party.


5. Privacy Policy

Our privacy policy is part of these conditions. Please read the Privacy Policy to learn what information we collect about you or the user, what we use that information for and whether, how and to whom we disclose it. You can find the privacy policy here.


6. Rights and Duties of the User

The Strydal services are offered exclusively to consumers. You may not use the Strydal services for commercial or other commercial purposes.

You may not give your user account to a third party and you are also not permitted to use it,

  • To enable third parties to access or use Strydal's services, e.g. an undefined group of people by using the services in public areas (such as cinemas, theatres, exhibitions, showrooms, hotels, bars, restaurants or other public spaces);
  • to make the access data sent or used for authentication and identification accessible to third parties or to pass them on to third parties;
  • to bypass access control systems to chargeable services or to take other measures to use services without authorisation;
  • to transfer or assign rights or obligations arising from the contractual relationships to third parties.

When using the Strydal services, you must also take into account the contractual agreements with third parties, especially with the store provider or your internet access provider.

In order to ensure smooth communication with you, we ask you to add our e-mail address to your e-mail provider's list of trusted senders.


7. Right of Withdrawal

If you are entitled to a legal right of withdrawal, it arises when you conclude a contract of use or a contract for a product (package or membership) with us.

Within fourteen days after conclusion of the contract you may revoke your declaration of intent without stating reasons and the contract will be reversed.

In order to exercise your right of revocation, you must clearly state (e.g. a letter or e-mail) that you do not wish to adhere to the conclusion of the contract. You can use the attached sample revocation form for this purpose, but you do not have to. Any clear declaration is sufficient. If you make use of this option, we will confirm receipt of the revocation (e.g. by e-mail). To comply with the revocation period, it is sufficient to send your revocation declaration before the end of the revocation period. Please use the following contact details for this purpose: support@strydal.com

  • Consequences of revocation

If you revoke the contract, the contract will be reversed. You will be refunded any payments already made to us for the revoked contract. We will make this payment at the latest within fourteen days after receipt of your declaration of revocation. For this repayment we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.

If you have requested that the services should begin during the revocation period, you must pay us a reasonable amount for the services already received. This is the pro rata amount of the total fee for the service booked up to the point at which you give us notice of cancellation.

  • Sample form for your revocation

You can use the following revocation form for your revocation. Simply send us an e-mail to: support@strydal.com

Your declaration of revocation reaches us by post at


Strydal GmbH

Schellingstrasse 109a

80798 Munich


You can copy the following text into an e-mail or print it out:


I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)


Ordered/received on (*)


Name of the consumer(s)


Address of the consumer(s)


Signature of the consumer(s)


Date


(*) delete as appropriate


8. Strydal Content - Grant of Licences

You (user and instructor) may use the Strydal logo and other copyrights and trademarks to market your offers (live classes & on-demand) - but not for any other purpose without written permission from Strydal.

9. Third Party Links, Content and Materials

You may be able to leave the services via links and access websites operated by third parties. Strydal has no influence on the content of these websites, nor has Strydal checked or approved the content that appears on them. Strydal accepts no liability for the legality, truthfulness or appropriateness of the content, advertising, products or other materials on or from such third party websites. Strydal is not liable for damage or loss caused by or in connection with access to or use of such third party websites. Strydal is not responsible for damage, loss, injury or other matters of any kind arising from the use of equipment or connections provided by third parties.

10. Liability

Strydal accepts no liability whatsoever with regard to the services offered by the instructors (live classes, on-demand content and possibly others).

You must follow the instructions you receive during the digital services (live classes or on-demand), otherwise there is a risk of injury and/or health risks.

If you use any aids or equipment for the exercises, you are solely responsible for ensuring that such aids and/or equipment function properly and are installed or set up.

 

11. Participation in Consumer Dispute Resolution Procedures / Online Dispute Resolution

Strydal is happy to participate in dispute resolution proceedings before a consumer arbitration board.

The EU Commission provides an internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform is intended to serve as a contact point to contribute to the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts or online service contracts. The OS Platform can be reached under the following link: http://ec.europa.eu/consumers/odr


12. Severability Clause

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The above provisions shall apply accordingly in the event that these General Terms and Conditions of Business prove to be incomplete.