Terms for athletes
§ 1 What this is about
(1) These terms apply between you and Ironstead, owner Jakob Michael Seiffert, Kentroper Weg 60a, 59063 Hamm, Germany, phone +49 151 47471457, email contact@iron-stead.com ("Ironstead", "we"), when you use Ironstead as an athlete, in the app, as a web app or on iron-stead.com. The coach directory terms also apply to the coach directory and take precedence there. If you also use Ironstead as a coach, the terms for coaches apply to that.
(2) Ironstead is software for logging and analysing your training and for working with a coach. Ironstead does not provide coaching. You agree your coaching with your coach alone; we are not a party to that contract.
(3) Ironstead is not medical or therapeutic advice. Hints in the app, AI-assisted ones included, do not replace a professional assessment. You or your coach decide about your training.
(4) Our privacy policy explains how we process your data. We ask separately for consents, for example for health information or AI features.
§ 2 Free of charge, account
(1) Using Ironstead is free of charge for athletes.
(2) The contract is concluded when you create your account. Until then you can correct your entries in the form. We store the version you agreed to and email it to you after registration; you can read and save the current version at any time at iron-stead.com/terms/athletes. The contract languages are German and English.
(3) You must be at least 16 years old. You give true information, use only your own account and keep your password secret.
(4) If you connect with a coach, the coach sees your training data and the other information Ironstead shows coaches about connected athletes. You can disconnect at any time in the app.
(5) You get access as soon as you create your account. Ironstead runs as an app on iOS from version 16.4 and Android from version 7.0 and in the browser in current versions of Chrome, Edge, Firefox and Safari. Syncing needs an internet connection; you can also log workouts offline. You can export your data at any time as a ZIP file containing a JSON file. If there are defects, you have the statutory rights for digital products (sections 327 et seq. BGB).
§ 3 Your content and the chat
(1) You are responsible for content you post, for example texts, images, videos and voice messages. Illegal content is prohibited, in particular depictions of child sexual abuse, harassment, threats and content that infringes copyright or personality rights.
(2) The rights in your content stay with you. You allow us to store, transmit and technically adapt it as far as needed to provide Ironstead to you and to the people you share it with.
(3) You can report illegal content with "Report content" on the message or by email to abuse@iron-stead.com (Art. 16 of Regulation (EU) 2022/2065, "DSA"). This address is also our point of contact under Art. 12 DSA, in German or English. If a file, meaning an image, a video or a voice message, is reported as depicting child sexual abuse or as other illegal content, the system locks the file at once automatically; if it belongs to an account without the coach role, it also suspends that account. Other reports and reports on text messages trigger no automatic lock. Reports are decided by a person at Ironstead or by an AI system Ironstead uses for this. If a report on a file is upheld, a file locked for abuse depiction or illegal content stays locked and an account suspension stays in place; other reported files are deleted. If such a report is rejected, we lift the locks unless another such report or an evidence hold stands against it.
(4) We may remove or block illegal content and content that breaches these terms; for serious or repeated breaches also your account. We choose the mildest suitable measure and give you the reasons by email (Art. 17 DSA); the statement also tells you whether the AI system under paragraph 3 decided. You can object within six months, by replying to that email or writing to abuse@iron-stead.com; we review your objection and tell you the result. You can always go to court.
§ 4 Changing, suspending and discontinuing features
(1) We may change, suspend or discontinue features for technical, operational-technical, operational or legal reasons and to develop them further; the following paragraphs set out what applies. From the moment a permanent discontinuation permitted under them takes effect, we no longer owe the feature.
(2) Core features are logging and viewing your training, viewing your coach's training plans, text messages with your coach and the connection with a coach; all other features are additional features. We change core features only for a reason under paragraph 5 and only so that they remain usable in an essentially equivalent way. A discontinuation that would endanger the purpose of the contract, in particular the discontinuation of a core feature, we make only by terminating the contract under § 5. What we have promised you remains unaffected.
(3) We may make features not yet promised available step by step and first to individual users. We may offer you a feature we are still trying out in a separate test agreement before it is switched on. The offer names the feature, its specific limitations and how long the trial lasts. If you expressly accept, the following applies: the test feature is free of charge; we may develop it further during the trial and tell you by email beforehand about changes that impair your use by more than an insignificant degree; we may end the test agreement with one week's notice, you at any time without notice; for the reasons in paragraph 4 we may suspend the test feature at once. Paragraph 6 sentence 5 applies to data from an ended test feature.
(4) We may temporarily suspend or restrict features or access, for all users or for individual users, to the extent and for as long as necessary: a) in a security incident, an attack, misuse or a serious disruption, and to protect data, systems or users from a specific danger, b) where a law, an authority, a court or a binding requirement of an app store or a service provider the feature depends on requires it, or an infringement of the law is specifically imminent, c) where a third-party service the feature depends on fails, d) for maintenance, updates and other work needed to operate the service. We lift the suspension as soon as its reason has ceased and inform you without undue delay in the app or by email. Your statutory rights remain unaffected.
(5) We may improve features where this impairs use by no more than an insignificant degree. We may permanently discontinue or restrict additional features if this is reasonable for you and one of these reasons applies: a) technical or operational-technical reasons: the feature can no longer be operated securely, reliably or in line with the state of the art, for example because a technology, an operating system, an app store, an interface or a third-party service ceases to exist or changes materially; b) legal reasons: a law, a change in case law or a decision of an authority or court prohibits operation or permits it only on materially different terms, or specific, verifiable circumstances create a substantial risk that operation is unlawful, and it cannot be limited sufficiently by reasonable adjustments; c) operational reasons: the use of the feature or the costs of the third-party services it needs have developed so that operating it permanently requires effort that is clearly disproportionate to its use and cannot be remedied by reasonable adjustments; a mere miscalculation is not sufficient; d) replacement: we replace the feature with another one that ensures its purpose, its usability and access to your existing data in an essentially equivalent way.
(6) We tell you clearly and comprehensibly about every change, for example in the app. If a change, restriction or discontinuation impairs your access or your use by more than an insignificant degree, we tell you by email at least two weeks in advance, with the nature and date, the reason and your right to end the contract; you can end it at any time free of charge (§ 5(1)). Where a reason under paragraph 5 (a) or (b) does not allow this period, we shorten it as far as necessary and may suspend the feature until then; your mandatory rights as a consumer remain unaffected. This costs you nothing. You can export data from a discontinued feature until it is deleted, and for at least 30 days after the discontinuation; statutory claims to receive your content remain unaffected.
§ 5 End of contract
(1) You may end the contract at any time without notice, for example by email to contact@iron-stead.com or by deleting your account.
(2) We may terminate the contract by giving two weeks' notice by email; only this paragraph governs our termination. Either side may terminate without notice for good cause.
(3) When the contract ends, your use of Ironstead ends, and with it the connection with your coach in Ironstead. It does not end your contract with your coach. Until the contract ends you can export your data. Statutory claims to receive your content and your data protection rights continue after that.
§ 6 Liability
(1) We are liable without limitation for intent and gross negligence, for damage from injury to life, body or health, under the German Product Liability Act, for fraudulently concealed defects and to the extent of a guarantee.
(2) For simple negligence we are liable only for breach of material obligations, meaning obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely, and only for the damage that is typical for the contract and foreseeable. Otherwise we are not liable. Claims under Art. 82 GDPR remain unaffected.
(3) Your coach owes you your coaching. Our liability under paragraphs 1 and 2 remains unaffected.
§ 7 Changes to these terms
(1) A changed version of these terms applies to you only if you agree to it. We show it to you in the app or send it to you by email beforehand. If you do not agree, the current version continues to apply; our right to terminate under § 5(2) remains unaffected.
(2) Measures under § 4 are not changes to these terms.
§ 8 Final provisions
(1) German law applies. If your habitual residence is in another country, you keep the protection of the mandatory consumer protection rules of that country.
(2) We do not take part in, and are not obliged to take part in, dispute resolution proceedings before a consumer arbitration board.
(3) The German version is binding; the English version is a translation.
(4) If a provision is invalid, the rest of the contract remains valid.
Withdrawal information
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 was concluded.
To exercise your right of withdrawal, you must inform us (Ironstead, owner Jakob Michael Seiffert, Kentroper Weg 60a, 59063 Hamm, Germany, phone +49 151 47471457, email: contact@iron-stead.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. You can also withdraw through the "Withdraw from contract" function at "Profile" › "Data & legal" in the app and in the web app (app.iron-stead.com); we then confirm receipt by email without undue delay.
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
The contract is free of charge; we have received no payments from you and have nothing to refund. If you withdraw from this contract, we end your use of Ironstead as an athlete; the connection with your coach in Ironstead ends. Your contract with your coach is not affected.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.) - To Ironstead, owner Jakob Michael Seiffert, Kentroper Weg 60a, 59063 Hamm, Germany, email: contact@iron-stead.com: - I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: use of Ironstead as an athlete - Concluded 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.