Terms of Use for 4000Watt

Preamble

4000Watt is an application for planning, performing and analysing cycling training sessions. The App controls compatible smart trainers, provides structured workouts and multi-week training plans, records power and heart rate data, and analyses performance metrics.

These Terms of Use govern the relationship between the Provider and its Users. They should be read in full before registering. Particular attention is drawn to Section 5 (Health Notices), Section 9 (Fees and Term) and Section 15 (Termination and Basic Account).

Section 1 Scope and Provider

1.1 Scope of application
These Terms of Use apply to the use of the 4000Watt application in each of the forms in which it is offered: as a web application at 4000watt.app, as a Windows application, as an iOS application via the Apple App Store, and as an Android application via Google Play (together, the "App"). Naming a form of provision does not create any entitlement to its availability; the forms actually offered are set out in the service description at 4000watt.app.

1.2 Provider
The Provider and contracting party is:

4000Watt, proprietor Simon Teischler
Industriestrasse 43
53721 Siegburg
Germany
Email: support@4000watt.com
Contact form: 4000watt.app/kontakt

Telephone support is not offered. Enquiries are handled by email and via the contact form.

1.3 Consumers and traders
A consumer is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession (Section 13 of the German Civil Code, BGB). A trader is any person acting in the exercise of their trade, business or profession when entering into the contract (Section 14 BGB).

1.4 Conflicting terms
Deviating, conflicting or supplementary terms proposed by the User do not become part of the contract unless the Provider expressly consents to their application in text form.

Section 2 Subject Matter and Description of Services

2.1 Subject matter
The Provider makes the App available to the User for use over the internet for the duration of the contractual relationship. There is no entitlement to the release of source code or to installation on a server operated by the User.

2.2 Scope of functions
The App includes, in particular:

• connections to compatible smart trainers, power meters and heart rate sensors via Bluetooth Low Energy
• automatic control of the pedalling resistance at the smart trainer in line with the training target (ERG mode), as well as manual control
• structured workouts, including sweet spot training (SST), interval sessions and endurance sessions
• multi-week training plans with automatic control of volume and intensity
• the presentation of training targets in blocks with target ranges for power and heart rate
• the recording and real-time display of power and heart rate data during training
• a daily check of the User's condition before training (DayCheck) as a basis for adjusting the training target
• the determination and management of performance metrics, in particular FTP and maximum heart rate (HRmax), including the test sessions provided for this purpose
• the WP Index as a metric for observing aerobic efficiency over the longer term
• the storage and analysis of completed sessions in a training history
• connections to third-party services pursuant to Section 2.5

The scope of functions applicable at any given time is set out in the service description at 4000watt.app or in the relevant app store at the time the contract is concluded. The service description forms part of the contract; the version applicable when the contract is concluded is stored in accordance with Section 3.10.

2.3 Not a medical service
The App is a training tool for physically active individuals. It is not a medical device within the meaning of Regulation (EU) 2017/745 and is not intended to diagnose, prevent, monitor, treat or alleviate any disease. The values and analyses it produces are training metrics, not medical findings. Section 5 applies in addition.

2.4 Technical requirements
Use of the App requires a suitable internet connection, a compatible device and, where applicable, compatible training and measuring equipment, in particular a smart trainer, a power meter or a heart rate sensor. Procurement, setup and running costs of these requirements are borne by the User. Supported systems and devices are listed at 4000watt.app.

2.5 Connections to third-party services
The Provider may make available interfaces to third-party services through which the User can import or export their own training data. Any connection is established solely at the User's initiative and may be disconnected by the User at any time. The relationship with the respective third-party provider exists directly between the User and that provider, whose terms apply in addition. The Provider has no influence over the availability, functionality or terms of such interfaces and gives no assurance as to their continued existence. If the User disconnects the service or the interface ceases to exist, the Provider may be obliged to delete imported third-party data or to cease displaying it. Use of an interface may require a separate contract or a paid subscription with the third-party provider.

Section 3 Registration and Conclusion of Contract

3.1 Registration
Use of the App requires the creation of a user account. The User must provide all information marked as mandatory completely and truthfully.

3.2 Minimum age
Registration is permitted to persons who have reached the age of 18. By registering, the User confirms that they have reached this age.

3.3 Conclusion of the contract
By submitting the registration form, the User makes an offer to enter into a user contract. The contract is concluded once the Provider activates the user account and confirms this by email. Where registration takes place via the Apple App Store or Google Play, Section 10 applies in addition.

3.4 Registration via 4000watt.app
Which of the following registration options is offered at any given time is set out in the service description at 4000watt.app at the time of registration:

a) Without a promotional code. The User provides valid payment details to the payment service provider. A free trial period of 14 days begins. The contract is subject to a fee from the moment it is concluded, but the payment obligation only takes effect after the trial period ends. Details are governed by Section 9.

b) With a promotional code for an extended trial period. As under a), but with an extended free trial period. Its duration follows from the promotional code redeemed and is displayed before registration is completed.

c) With a promotional code for a free membership. The User receives a membership with a fixed term at no charge. The term follows from the promotional code redeemed and is displayed before registration is completed. No payment details are required. There is no automatic conversion into a paid subscription; Section 9.8 applies.

The effect of a particular promotional code is displayed to the User before registration is completed.

3.5 Registration via the App Store and Google Play
Registration is also possible in the mobile applications, where these are offered. In that case, a subscription is purchased exclusively through the respective store operator's purchasing system; Section 10 applies. Promotional codes cannot be redeemed by this route.

3.6 Cross-platform use
An existing user account may be used in all forms of provision of the App. The User signs in using their access credentials; renewed registration is neither necessary nor permitted.

3.7 Promotional codes
Promotional codes are personal, non-transferable, cannot be combined and cannot be redeemed for cash. The Provider may limit them in time and cap the number of redemptions. There is no entitlement to subsequent redemption once registration has been completed.

3.8 One trial period only
Each User may take advantage of a free trial period under Section 3.4 (a) or (b) only once. This applies even where a subscription is terminated and later taken out again, and irrespective of the form of provision through which the trial period was used. The Provider may merge or block multiple accounts where these evidently serve to obtain repeated trial periods.

3.9 No entitlement to registration
There is no entitlement to the conclusion of a user contract. The Provider may refuse activation without stating reasons.

3.10 Storage of the contract text
The contract text is stored. The Terms of Use in the version applicable at the time the contract is concluded are transmitted in text form with the confirmation email and are available at all times at 4000watt.app/nutzungsbedingungen. The Provider maintains the service description under Section 2.2 with a version number and effective date, and archives its successive versions. On request, the Provider will inform the User of the version applicable when their contract was concluded.

Section 4 Access Credentials and User Account

4.1 Confidentiality
The User must keep their access credentials confidential and protect them against access by third parties.

4.2 Personal use
The user account is personal. Sharing access credentials and use of an account by more than one person are not permitted. Training and performance data are only meaningful if they originate from a single person.

4.3 Duty to report
Where there are indications of misuse of the account, the User must inform the Provider without undue delay and, where possible, change their password.

Section 5 Health Notices and Personal Responsibility

5.1 Medical clearance
Physical training can involve health risks. The Provider strongly recommends undergoing a medical examination before commencing training. This applies in particular in the case of known cardiovascular disease, high blood pressure, metabolic disorders, acute infections, after an extended break from training, during pregnancy, and from the age of 35 without regular sports medical check-ups.

5.2 Performance tests
Tests to determine FTP and, in particular, to determine maximum heart rate require exertion up to the individual's maximum capacity. They should only be performed by those in unrestricted health. The Provider recommends not performing such tests alone or without prior medical clearance.

5.3 Interpretation of measured values
Heart rate values, HRmax values, heart rate recovery (HRR) values and metrics derived from them serve exclusively to guide training. They permit no conclusions as to the User's state of health and are no substitute for cardiological or other medical assessment. Measured values depend on sensor quality, how the sensor is worn, ambient conditions and daily form, and may be inaccurate.

5.4 Stopping training
The User must stop training immediately and seek medical advice if symptoms occur during or after exertion, in particular pain or pressure in the chest, shortness of breath, dizziness, nausea, cardiac arrhythmia or unusual exhaustion.

5.5 No substitute for professional advice
The App is no substitute for medical, physiotherapeutic or nutritional advice, nor for individual supervision by a qualified coach. Training targets are suggestions which the User must adapt, on their own responsibility, to their state of health and level of fitness.

5.6 Relationship to liability
The notices in this Section are warnings and statements of the User's own duties of care. The Provider's statutory liability, in particular under Section 14.1, remains unaffected.

Section 6 User Obligations

6.1 Permitted use
The User may use the App only within the agreed contractual scope and within the framework of applicable law.

6.2 Prohibited conduct
The following are prohibited in particular:

• passing access to third parties and further distribution of the App's content
• automated extraction of content (scraping, crawling) and the use of bots
• decompilation, disassembly and other reverse engineering, except as permitted by Section 69e of the German Copyright Act (UrhG)
• circumvention of technical protection measures and conduct that impairs the availability or security of the App
• uploading unlawful content or malware
• providing false identity information and creating secondary accounts to obtain repeated trial periods
• entering or manipulating training and performance data that are not based on the User's own actual training performance

6.3 Indemnity
If the User culpably breaches obligations under Section 6.2 and third parties therefore bring claims against the Provider, the User shall indemnify the Provider against justified claims, including reasonable costs of legal defence.

Section 7 Availability, Maintenance and Further Development

7.1 Scope of the availability commitment
The availability commitment under Section 7.2 relates to the core functions of the App, namely signing in, retrieving workouts and training plans, starting and performing a training session, and storing training results. It does not cover functions that require an interface to a third-party service under Section 2.5, nor functions marked as Beta or Test under Section 7.6.

7.2 Target availability
The Provider makes the App available with an availability of 99.0 per cent on a monthly average, measured by calendar month. The following do not count as downtime: periods of announced maintenance under Section 7.3, periods of unavailability due to force majeure, disruptions at upstream suppliers or of the internet, and disruptions attributable to the User's devices, sensors, training equipment or network connection. Uninterrupted availability is not owed.

7.3 Maintenance
The Provider may carry out maintenance work and temporarily take the App out of service for this purpose. Scheduled maintenance is announced at least 48 hours in advance in the App or by email, is carried out outside peak usage times where possible, and does not exceed four hours per calendar month in total. The Provider may carry out measures that cannot be deferred in order to avert security risks or loss of data without prior notice; the Provider will inform the User without undue delay afterwards.

7.4 Credit where availability falls short
Where availability under Section 7.2 falls below 95 per cent in a calendar month, the User receives, upon notification, a credit amounting to 20 per cent of the fee paid for that month. Where availability falls below 90 per cent, the credit amounts to 50 per cent. The credit is set off against the fee for the following billing period; where there is no following billing period, it is paid out. Notification must be sent to the Provider in text form within one month of the end of the calendar month concerned.

The User's statutory rights, in particular to a reduction in price, to termination of the contract and to damages under Section 14, remain unaffected by this provision. A credit is set off against any statutory claim.

7.5 Changes to the scope of functions
The Provider continuously develops the App and may add, change or discontinue functions where this is reasonable for the User, in particular where there is objective cause, where the User incurs no additional costs and where the principal contractual purpose is preserved. Objective cause exists in particular where a third-party provider discontinues an interface under Section 2.5, changes it technically or makes its use subject to new conditions. Where a change impairs the usability of the App to more than an insignificant extent, the Provider will give notice in text form at least 30 days in advance; the User is then entitled to terminate for cause. Section 327r BGB remains unaffected.

7.6 Test functions
Functions marked "Beta" or "Test" are provided without warranty as to functionality or data retention and may be discontinued at any time without prior notice.

Section 8 Updates and Rights in Respect of Defects

8.1 Updates
During the term of the contract, the Provider provides the User with updates that are necessary to keep the App in conformity with the contract, including security updates. The Provider informs the User in the App or by email of the availability of an update and of the consequences of failing to install it.

8.2 The User's duty of care
Where the User does not install an update made available within a reasonable period, the Provider is not liable for defects that result solely from the missing update, provided that the User was informed in accordance with Section 8.1 and the failure to install is not attributable to defective installation instructions.

8.3 Outdated program versions
In the case of the Windows application, an update requires installation by the User. The Provider may restrict or prevent the use of program versions whose operation endangers the security or the integrity of the stored training data. The User is notified of the required update when the program starts.

8.4 Rights in respect of defects
Where the App is defective, the User has the statutory rights, in the case of consumers in particular under Sections 327i et seq. BGB. The Provider asks that defects be reported stating the form of provision used, the program version and the devices connected at the time of the fault; the User's rights do not depend on such a report.

8.5 Cooperation
In order to narrow down a defect, the Provider may ask the User for technical information or for the transmission of log data. Such transmission is voluntary.

Section 9 Fees, Trial Period and Term for Contracts Concluded via 4000watt.app

9.1 Prices and value added tax
The Provider offers a monthly subscription. The amount of the fee and the respective scope of services are set out in the order summary displayed to the User immediately before the order is placed. All prices are final prices and include statutory value added tax. The price displayed applies irrespective of the User's place of residence; the tax amount included in it is determined by the rate applicable to the User's place of residence.

9.2 Free trial period
Where registration takes place under Section 3.4 (a), a free trial period of 14 days begins upon activation of the account, with the full scope of functions; where registration takes place under Section 3.4 (b), a free trial period of the duration displayed before registration is completed. No fee is payable during this period.

9.3 Transition to paid use
The fee and the date of the first debit are displayed in the order summary before the order is placed.

If the User does not terminate by the end of the last day of the trial period, the contractual relationship automatically converts into the paid monthly subscription on the following day. The Provider will remind the User of the forthcoming transition by email at least seven days before the trial period ends and will draw attention to the option to terminate. Termination during the trial period is possible at any time without notice period, in particular via the termination function in the user account.

9.4 Payment details
Where registration takes place under Section 3.4 (a) or (b), the User provides valid payment details to the payment service provider at the point of registration. No payment details are required for the free membership under Section 3.4 (c).

9.5 Payment processing and payment methods
Payment is processed by the payment service provider Stripe Payments Europe, Ltd. Its terms apply in addition. The payment methods available are displayed to the User in the order summary. The fee falls due in advance at the beginning of each billing period and is debited from the payment method on file.

9.6 Failed payment
Where a payment fails for a reason for which the User is responsible, or is reversed, the User shall reimburse the costs actually incurred by the Provider as a result. The User remains free to prove that no loss was incurred or that the loss was lower.

9.7 Term and termination of the subscription
The monthly subscription has a term of one month and, unless terminated, is automatically extended by a further month in each case. It may be terminated at any time with effect from the end of the current billing period; the notice period is therefore no more than one month. A termination button is available in the user account and at 4000watt.app; the button at 4000watt.app is accessible without prior sign-in.

9.8 Free membership with promotional code
The membership granted under Section 3.4 (c) has the fixed term displayed before registration is completed, running from activation, and is free of charge. It ends automatically upon expiry of that period without any need for termination. There is no automatic conversion into a paid subscription. The Provider will inform the User before expiry of the option to take out a paid subscription; a separate order is required for this. After expiry, the account continues as a basic account under Section 15.3.

9.9 Price changes
The Provider may change the fee in text form with at least six weeks' notice, with effect from the beginning of a new billing period. The User may terminate for cause up to the point at which the change takes effect; the Provider will draw attention to this right in the announcement. Increases in statutory value added tax which leave the gross price unchanged do not constitute a price change within the meaning of this provision.

9.10 Default in payment
Where a debit fails or the User is in default of payment, the Provider may suspend access to the paid functions after prior notice and a reasonable period of grace. Further statutory rights remain unaffected.

Section 10 Purchases via the App Store and Google Play

10.1 Processing
Where a subscription is purchased via the Apple App Store or Google Play, purchase, billing, renewal, refunds and termination are governed by the terms of the respective store operator. Terminations must be carried out via the subscription management of the respective account; notice given to the Provider is not sufficient in this respect.

10.2 Prices
The price displayed in the respective store at the time of purchase is decisive. The Provider endeavours to keep prices consistent across platforms; deviations resulting from the store operators' price tiers and currency conversion are reserved.

10.3 Position of the store operators
The store operators are not parties to the user contract and owe no performance under it. They may, however, act as the seller in the respective transaction; in that case, payment and refunds are governed exclusively by their terms. The Provider alone is responsible for making the App available and for support.

10.4 Cross-platform use
A subscription concluded via 4000watt.app may also be used in the mobile applications, and vice versa. A subscription is granted per user account, not per device or platform. Where an active subscription already exists, a further subscription cannot be taken out.

10.5 Supplementary provisions
The provisions of Annex 2 apply in addition to downloads via the Apple App Store and Google Play.

Section 11 Right of Withdrawal for Consumers

11.1 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 of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us

4000Watt, proprietor Simon Teischler
Industriestrasse 43
53721 Siegburg
Germany
Email: support@4000watt.com

of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to 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; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

11.2 Early commencement of performance
The User receives access to the App immediately after the contract is concluded and therefore before the withdrawal period has expired. For this purpose, the Provider obtains during the registration process the User's express request that performance begin early, together with the User's confirmation that they have taken note of the consequences for the right of withdrawal. Both declarations are stored and transmitted in text form with the confirmation email.

11.3 Note on the trial period
The withdrawal period begins on conclusion of the contract and runs independently of the duration of the free trial period. As no fee is payable during the trial period, no compensation for value is incurred where withdrawal takes place within the trial period.

11.4 Free membership
The Provider grants consumers who have concluded a contract under Section 3.4 (c) a right of withdrawal in accordance with Section 11.1 even where no such right exists by law. No compensation for value is incurred.

11.5 Store purchases
Where the purchase is made via the Apple App Store or Google Play, withdrawal and refunds are governed by the terms of the respective store operator. The right of withdrawal in respect of the user contract with the Provider remains unaffected.

11.6 Model withdrawal form
See Annex 1.

Section 12 Rights of Use and Intellectual Property

12.1 The User's right of use
For the duration of the contractual relationship, the User receives a simple, non-transferable, non-sublicensable right to use the App as intended for their own purposes. No further rights are granted.

12.2 The Provider's rights
All rights in the App, in the underlying software, in training content, texts, graphics, designations and trade marks remain with the Provider or its licensors.

12.3 Rights in user data
Data entered by the User and generated through use, in particular training records, heart rate data and performance data, remain attributed to the User. The Provider processes them in performance of the contract in accordance with the privacy policy.

12.4 Anonymised data
The Provider is entitled to analyse usage and training data in anonymised form which permits no conclusions as to individual Users, for the purpose of improving the App, developing new functions and for statistical purposes. Personal reference is not restored in this process. Data obtained from a third-party service through an interface under Section 2.5 are excluded from such analysis where that provider's terms prohibit such use.

Section 13 Data Protection

13.1 The Provider processes personal data in accordance with the privacy policy, available at 4000watt.app/datenschutz, and with applicable data protection law. Hosting and data storage take place within the European Union.

13.2 Health data
Heart rate data, HRmax values, heart rate recovery (HRR) values, metrics derived from them, information on the User's condition from the DayCheck, body weight and comparable information may constitute health data within the meaning of Article 9(1) GDPR. The Provider processes these data on the basis of the User's explicit consent under Article 9(2)(a) GDPR, which is obtained separately during the registration process. Consent may be withdrawn at any time with effect for the future. As the collection of these data is necessary for essential functions, the App may be usable only to a limited extent or not at all following withdrawal of consent; the User's right of termination remains unaffected.

13.3 Data export
The User may export their training and performance data at any time in a common, machine-readable format via their user account. This option is also available in the basic account under Section 15.3.

Section 14 Liability

14.1 Unlimited liability
The Provider is liable without limitation

• for intent and gross negligence,
• for damage arising from injury to life, body or health based on a negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent,
• within the scope of any guarantee assumed,
• under the German Product Liability Act.

14.2 Slight negligence
Where a duty is breached through slight negligence, the fulfilment of which is essential to the proper performance of the contract and on the observance of which the User may regularly rely (cardinal obligation), liability is limited to the foreseeable damage typical of this type of contract at the time the contract was concluded.

14.3 Otherwise
Any further liability is excluded.

14.4 Loss of data
Liability for loss of data is limited to the typical cost of restoration that would have arisen had backup copies been made regularly and appropriately to the risk. The User is advised that data can be backed up using the export function under Section 13.3.

14.5 The above limitations of liability also apply for the benefit of the Provider's legal representatives, employees and vicarious agents.

Section 15 Termination of the Subscription, Basic Account and Termination of the User Contract

15.1 Two separate processes
Termination of the paid subscription and termination of the user contract are independent of one another. Terminating the subscription does not end the user account; the account continues as a basic account under Section 15.3. A User wishing to close their account entirely must terminate the user contract under Section 15.4.

15.2 Termination of the subscription
Section 9.7 governs termination of the subscription, and Section 10.1 governs store subscriptions. The subscription ends upon expiry of the period paid for; no pro rata refund is made. Claims under Section 7.4 and statutory claims remain unaffected.

15.3 Basic account
Following termination of the subscription and upon expiry of a membership under Section 9.8, the user account continues free of charge as a basic account. The following are retained in the basic account:

• access to the training history and stored performance data
• data export under Section 13.3
• account administration, including deletion

Not included are, in particular, starting new training sessions, performing FTP, HRmax and HRR tests, and training plans. The scope applicable at any given time is set out in the service description at 4000watt.app. The User may take out a subscription at any time; no further trial period is granted (Section 3.8).

15.4 Termination of the user contract by the User
The User may terminate the user contract at any time without notice period and delete their account. The deletion function is available in the user account and in the mobile applications. Where an active subscription exists, the User is notified of this before deletion; a subscription concluded via a store must additionally be terminated there.

15.5 Deletion for inactivity
Where the User does not sign in for a period of 24 months, the Provider is entitled to delete the basic account including all stored data. The Provider will notify the User by email at least 30 days before deletion and give them the opportunity to sign in or export their data. If the User signs in within this period, the period begins anew.

15.6 Termination by the Provider
The Provider may terminate the user contract in respect of the basic account, and the subscription, with one month's notice to the end of a calendar month. Fees already paid in advance will be refunded on a pro rata basis.

15.7 Termination for cause and suspension
The right of either party to terminate for good cause remains unaffected. Good cause exists for the Provider in particular in the event of serious or repeated breaches of Section 4 or Section 6, and in the event of default in payment of an amount corresponding to two full billing periods following an unsuccessful reminder with a reasonable deadline. Where there is reasonable suspicion of serious breaches, the Provider may temporarily suspend access; the User will be informed and given the opportunity to comment.

15.8 Consequences of termination of the user contract
Upon termination taking effect, the right of use ends. The User's data will be deleted unless statutory retention obligations preclude this. The User will be advised of the export option before deletion.

Section 16 Changes to these Terms of Use

16.1 The Provider may amend these Terms of Use where this is necessary to adapt to changes in the law or in case law, to technical developments, to changed terms of the store operators or integrated third-party services, or to changes in the range of services offered, and where the User is not thereby unreasonably disadvantaged. Changes to the principal contractual obligations and to fees are not covered by this provision; Section 9.9 applies to fees.

16.2 The Provider will notify changes in text form at least six weeks before they take effect. If the User does not object in text form within this period, the changes are deemed accepted. The Provider will specifically draw attention to the period, the right to object and the significance of remaining silent in the notification. If the User objects, either party may terminate the contract with effect from the date on which the change takes effect. If neither party gives notice of termination, the contractual relationship continues on the existing terms.

Section 17 Final Provisions

17.1 Governing law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection of mandatory provisions of the law of the state of their habitual residence.

17.2 Place of jurisdiction
Where the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Siegburg. Statutory exclusive places of jurisdiction remain unaffected.

17.3 Consumer dispute resolution
The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

17.4 Severability
Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.

17.5 Text form
Declarations under this contract must be made in text form; email is sufficient.

17.6 Language versions
These Terms of Use are provided in German and English. Only the German version is binding; the English version is provided for information purposes.

Annex 1: Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To
4000Watt, proprietor Simon Teischler
Industriestrasse 43
53721 Siegburg
Germany
Email: support@4000watt.com

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service:

Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:

(*) Delete as appropriate.

Annex 2: Supplementary Provisions for Downloads via the App Store and Google Play

These provisions apply in addition where the User obtains the App via the Apple App Store or Google Play. In the event of conflict with the foregoing Terms of Use, these provisions prevail to the extent that they concern acquisition via the respective store.

A2.1 Contracting parties
The user contract for the App exists exclusively between the User and the Provider, not between the User and Apple or Google. The respective store operator is not a party to this contract.

A2.2 Scope of licence
The User receives a personal, non-transferable right to use the App on devices that they own or control, subject to the usage rules of the respective store.

A2.3 Maintenance and support
The Provider alone is responsible for maintenance and support of the App. The store operators have no obligation in this respect. Enquiries should be directed to support@4000watt.com.

A2.4 Warranty
The Provider alone is responsible for satisfying any warranty claims. If the App fails to conform to an applicable warranty, the User may notify the respective store operator, who may refund the purchase price. Beyond this, the store operators have no warranty obligation.

A2.5 Product liability and other claims
The Provider alone is responsible for claims by the User or third parties in connection with the App, in particular claims relating to product liability, failure to comply with legal requirements, or consumer protection law.

A2.6 Third-party intellectual property
Where a third party alleges that the App infringes its intellectual property rights, the Provider alone is responsible for the investigation, defence, settlement and discharge of that claim.

A2.7 Export control
The User represents that they are not located in a country subject to a United States embargo or designated as a state sponsor of terrorism, and that they are not listed on any relevant prohibited party list.

A2.8 Third-party beneficiaries
Apple and Google and their subsidiaries are third-party beneficiaries of this Annex. Upon acceptance of these Terms of Use, the respective store operator is entitled to enforce these provisions against the User.

A2.9 Contact
4000Watt, proprietor Simon Teischler, Industriestrasse 43, 53721 Siegburg, Germany, support@4000watt.com