Terms of Service

These Terms of Service (hereinafter "Terms") apply to all agreements concluded between Tanya Keating (Keating Mentoring), Brunnenweg 40, 68549 Ilvesheim, Germany (hereinafter "Provider") and users of the "My Pilates Flows · Master Planner" platform (hereinafter "User") through the Provider's website.

The offering is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), in particular self-employed Pilates teachers, studios and comparable organisations. Consumers within the meaning of § 13 BGB are excluded from use.

Deviating, conflicting or supplementary terms of the User shall only become part of the contract if and to the extent that the Provider has expressly agreed to them in writing.

The Provider makes available to the User a web-based software platform, provided as Software-as-a-Service, for the planning, creation, management and documentation of Pilates teaching sessions and related training and studio workflows.

The specific scope of features depends on the tier selected by the User and the current service description on the website at the time the contract is concluded. The Provider reserves the right to develop the feature set further and to modify, replace or discontinue individual features, provided that the contractually agreed core use is not unreasonably impaired.

The software is provided in its current version. There is no claim to a specific version or a specific feature scope beyond the core service.

The presentation of services on the website does not constitute a binding offer but an invitation to the User to submit an offer to conclude a contract. The contract comes into effect upon the Provider's acceptance of the offer, at the latest when the User account is activated. Use is free of charge during the trial period. A paid subscription only comes into effect when the owner of a workspace selects a tier and completes the order process.

Registration takes place via an online form. The User is obliged to provide truthful, complete and up-to-date information and to update it without undue delay if anything changes.

Each workspace may try the platform once, for 14 days, free of charge and without providing a payment method (trial period). The trial period starts when the workspace is created. For workspaces that already exist when the paid tiers are introduced, it starts on the date of their introduction; the Provider notifies the owner of the introduction and of the end of the trial period by email. The Provider may extend the trial period. Each person or business is entitled to one free trial period only.

The trial period ends automatically. It does not have to be cancelled and does not turn into a paid subscription. If the owner takes out a subscription during the trial period, the first payment does not fall due before the trial period ends. If there is no subscription when the trial period ends, the workspace becomes read-only (§ 5).

Sign-in takes place without a password, using a one-time sign-in code or sign-in link that the Provider sends to the registered email address. The User must not pass a sign-in code or sign-in link on to third parties.

The prices displayed on the website at the time the contract is concluded shall apply. The prices are final prices. The Provider is a small business within the meaning of § 19 of the German VAT Act (UStG); VAT is therefore neither charged nor shown.

Depending on the billing period chosen, the fee is due monthly or annually in advance and is collected at the start of each billing period from the payment method on file. Payment is made via the payment methods offered on the website.

If, for a running subscription, collection of the fee for a billing period fails, the Provider notifies the owner of the workspace by email and states the time by which payment must have been received. That time is 7 days after the first failed collection; until then the workspace remains fully usable. If payment has not been received by then, the workspace becomes read-only (§ 5) until payment has been received. No further suspension of the service takes place.

Invoices are provided electronically; the User consents to this. While a subscription is running, the owner of the workspace retrieves them in the user account under "Subscription & billing"; after that, the Provider supplies them on request.

The Provider announces price changes in text form at least six weeks before they take effect. For a running subscription they apply only from the billing period that begins after that notice period has expired. In this case, the User has a special right to terminate as of the date the new price takes effect.

The usage limits included in the tiers and in the trial period, in particular the number of class generations, are set out in the service description on the website and in the application. If the Provider lowers a usage limit, the preceding paragraph applies accordingly: the reduction is announced in text form at least six weeks in advance and applies to a running subscription only from the billing period that begins after that notice period has expired.

The contract is concluded for an indefinite term. A subscription is taken out for a billing period of one month or one year and renews for the same period each time unless it is cancelled. There is no minimum term beyond that.

The owner of the workspace may cancel the subscription at any time, without a notice period, with effect from the end of the current billing period. Cancellation is declared in the user account under "Subscription & billing" or in text form (e.g. by email). The tier's scope of service remains available until the end of the billing period. The Provider may terminate the contract with one month's notice to the end of the respective billing period, in text form.

If the owner cancels, fees already paid for a billing period that has begun are not refunded, not even pro rata; the different rules for switching provider (§ 12) and for an objection to changed Terms (§ 13) remain unaffected. If the owner switches to a higher tier, that tier applies immediately; the Provider charges the pro-rata difference for the remainder of the current billing period. A switch to a lower tier takes effect at the start of the next billing period; no refund or credit is given.

If there is no subscription after the trial period ends, if a subscription ends, or if a payment due has not been received by the time notified under § 4, the workspace becomes read-only: its owner can still view, print and export the stored content, but can no longer create or edit content. Other members of the workspace cannot use it during that time. Links to shared class plans and calendar subscriptions (iCal) cannot be opened during that time. Data export, account deletion and consent management remain available to all Users; an owner must cancel a subscription that renews before they can delete their user account. When the owner takes out a subscription, or the outstanding payment is received, the workspace is unlocked again.

A read-only workspace is deleted, together with the content stored in it, twelve months after it became read-only, unless it has been unlocked again by then. The Provider announces the deletion to the owner by email 30 days and again 7 days in advance.

By way of exception to the preceding paragraphs, the following applies if the User objects to a new sub-processor under the data processing agreement (§ 9): the contract ends on the changeover date the Provider announced for the change, unless the Provider abandons the change and says so beforehand; the User may also terminate the contract earlier with immediate effect. The Provider refunds to the owner of the workspace the part of the fee already paid that relates to the time after the end. If the contract ends in this way, the User can export their data until the end; the Provider carries out the User's choice under the data processing agreement to return or delete the data processed on the User's behalf by the changeover date, and if the User makes no choice, that data is deleted on the changeover date. Read-only retention under the preceding paragraphs does not apply in this case.

The right to extraordinary termination for cause remains unaffected. Cause exists for the Provider in particular where the User culpably breaches material contractual obligations and fails to remedy the breach within a reasonable period despite a warning.

The User is obliged to use the platform solely within the scope of applicable laws and these Terms and not to post or distribute any content that infringes third-party rights, in particular copyright, trademark or personality rights.

The User is solely responsible for all content posted by them or via their user account. This includes in particular class plans, exercise descriptions, customer data and other information they enter or upload to the platform.

The User does not enter into the platform any information about the health of identified or identifiable persons, nor any other special categories of personal data within the meaning of Art. 9 GDPR, such as complaints, injuries, illnesses, a pregnancy or physical limitations of a participant. The platform is not designed for such data: it has no function for it and lacks the special safeguards its processing would require. General information about the focus of a class that cannot be attributed to a particular person is not covered by this. Where possible, the User does not name the people they teach in free-text fields.

The User protects the email inbox they sign in with against access by third parties and informs the Provider without undue delay as soon as there is any indication that third parties are accessing that inbox or their user account. The User is liable for damages resulting from that inbox not having been adequately protected, to the extent the User is responsible for it.

The Provider endeavours to ensure the highest possible availability of the platform on an annual average. However, a specific availability is only guaranteed where this has been expressly agreed in the chosen tier.

The Provider is entitled to take the platform offline temporarily for scheduled maintenance. Scheduled maintenance is, where possible, carried out outside normal business hours and announced in advance.

Outages due to force majeure, disruptions attributable to third parties for which the Provider is not responsible (in particular hosting providers, internet access providers) or urgently required security measures shall not be deemed a breach of the availability obligation.

The Provider is liable without limitation for intent and gross negligence, for damages arising from injury to life, body or health, as well as under a guarantee assumed or under the Product Liability Act.

In the event of slightly negligent breach of material contractual obligations (cardinal duties), liability is limited to the foreseeable damage typical for the contract at the time it was concluded. In all other cases, liability for slight negligence is excluded.

For the loss of data, the Provider is liable in accordance with the above provisions only to the extent that the User has carried out a reasonable backup in line with current technical standards. Otherwise, the statutory warranty provisions apply unless these Terms provide otherwise.

The Provider processes the User's personal data exclusively within the scope of the applicable statutory provisions, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

Details regarding the nature, scope and purpose of the data processing, the rights of data subjects and the sub-processors used are set out in the privacy policy available at /privacy.

Insofar as the User processes personal data of third parties (e.g. their own customers) in the course of using the platform, the User is the data controller for that processing and the Provider is their processor. That processing is governed by the Provider's data processing agreement, published at /data-processing-agreement. It is part of the contract; the User accepts it together with these Terms and confirms a new version in the application. In the event of a conflict between these Terms and the data processing agreement, the data processing agreement prevails.

At the User's request, the platform creates class plans and parts of them with the help of an AI language model (AI-generated content). This content is produced automatically and may be wrong, incomplete or unsuitable for a particular group, even where it is assembled from exercises in the library.

The platform is a planning tool for Pilates teachers. It replaces neither their professional training and judgement nor medical or physiotherapeutic advice. The User checks every class plan before using it in a class and decides, on their own professional responsibility, whether and in what form the exercises are suitable for the people taking part, in particular with regard to their state of health, prior experience and capacity. The same applies to exercise descriptions, modifications and transitions from the Provider's library.

The Provider owes the provision of the generation function under § 2, not a particular result. It gives no warranty that AI-generated content is correct, complete or suitable for particular persons or purposes. § 8 remains unaffected.

User content is all content that the User or the members of their workspace enter into the platform or have generated there, in particular class plans including AI-generated plans, flows, own exercises with their descriptions and cues, notes, appointments and class diary entries.

The User grants the Provider the simple, royalty-free and worldwide right to store, reproduce, technically process, display and make available for printing User content, and to make it accessible, via share links and calendar subscriptions the User creates themselves, to anyone who knows the link, in each case to the extent required for the services under these Terms, including backups. This right ends when the content is deleted under § 5 or § 12.

In addition, the Provider may take copies of published class plans — the exercise sequence and the class settings, without title, description, notes and personal cues — into an internal reference corpus and use them there without time limit, also after the contract ends and after the original plan is deleted, to measure the quality of AI-generated content; this includes having them assessed by an AI language model. The corpus is not published and is passed to no one except the AI provider for that assessment. If the User objects under the privacy policy, the Provider deletes these copies.

If the User submits one of their own exercises for review for the exercise library using the "Contribute to community" function, the Provider may take it, in whole or in part, into the exercise library it makes available to all users, and may edit, translate and combine it with other content in doing so. For this purpose the User grants the Provider, with the submission, the simple, royalty-free, irrevocable, perpetual and worldwide right to use that exercise in this way and to make it available to the users of the platform; this right continues after the contract ends. The Provider does not take own exercises that the User does not submit into the exercise library; only paragraph 2 applies to them. No attribution is given. Only the professional content of a submitted exercise is taken over, never personal data. The User has no claim to have a submitted exercise taken over.

The Provider's exercise library, with its exercises, descriptions, modifications, transitions and animations, and the platform software belong to the Provider. The User may use them during the term of the contract within the platform for their teaching. The User may continue to use printed and exported class plans for their own teaching after the contract ends. The User may not copy, distribute or systematically extract the library as such.

The User ensures that they are entitled to grant the rights under this section. Insofar as User content contains personal data, its processing under paragraph 2 is governed by the data processing agreement (§ 9) and under paragraph 3 by the privacy policy.

This section governs switching provider under Chapter VI of Regulation (EU) 2023/2854 (Data Act). The owner of a workspace may at any time request in text form, for example by email to info@mypilatesflows.com, to switch to another provider of comparable services or to their own IT infrastructure and to port the exportable data there (switching request), or declare that the exportable data are to be erased without switching. If switching to another provider, the owner gives the details of that provider needed for the switch.

Switching starts on the day the User names in the switching request, at the latest two months after it is received; if no day is named, it starts on receipt. From that day a transitional period of 30 calendar days runs, during which the contract continues with all services. The User may extend the transitional period once, in text form before it expires, to a period the User considers appropriate for their purposes.

During the transitional period the Provider gives the User and third parties authorised by the User reasonable assistance with the switch and provides all information needed for it. It continues to provide the services with due care, informs the User of known risks to their continuity and maintains a high level of security, in particular during the transfer of the data and during the retrieval period under paragraph 7.

Exportable data are all data and digital assets generated by the use of the platform by the User and the members of their workspace. They comprise, exhaustively, the following categories: (a) input data — information on user accounts and profiles including the profile photo, preferences, the workspace's own exercises with their translations and spring settings, personal cues, notes, appointments, class diary entries, ratings and favourites, reports on exercises, feedback on AI results, and studio documents with their published versions and attached files; (b) output data — class plans with all steps and flows including AI-generated ones, saved flows, share links, handoffs and review records, and notifications; (c) metadata — times of creation and change, authorship, status, records of AI generations, read confirmations of studio documents, consents and accepted versions of the contract documents; (d) configuration — the workspace's name, kind and language, its members and their roles, the recipients of studio documents, rules and tiers for exercises, and the plan. Not included are the Provider's exercise library (§ 11), whose entries exported class plans refer to by identifier, and the instructions and procedures of AI generation, search indexes and sign-in sessions, which concern the internal functioning of the platform.

The exportable data are provided in a structured, commonly used and machine-readable format (JSON). Every User can export the data of their account themselves in the application at any time. Data not covered by that export — in particular the workspace's own exercises, its configuration, profile photos as image files and the content of other members — are provided by the Provider to the owner of the workspace on request in text form, without undue delay and at the latest within the transitional period, as a ZIP archive of JSON files with the profile photos as image files and the files attached to studio documents as PDF files. Procedures, formats, data structures and known limitations are described in section 8 of the privacy policy at /privacy.

The contract ends when switching has been completed successfully: as soon as the User confirms this, at the latest when the transitional period expires. If the User has only requested erasure, the contract ends on the day switching would have started under paragraph 2. The Provider notifies the User of the end in text form. By way of exception to § 5, it refunds to the owner of the workspace the part of the fee already paid that relates to the time after the end.

After the transitional period ends, the User can still retrieve the exportable data for at least 30 calendar days; for this the workspace remains in place read-only under § 5. After that the Provider fully erases all exportable data generated directly by the User or relating directly to the User, namely when the period under § 5 expires, or earlier if the User so requests under the data processing agreement (Part A, A.6). If the User has only requested erasure, the Provider erases the data when the contract ends. The copies under § 11 paragraphs 3 and 4 are governed by § 11.

The Provider charges no fees for switching, porting or retrieving data (switching charges), including for transferring data out of its systems. There are no fees or penalties for terminating the contract early. The agreed fee applies until the contract ends.

Information on the jurisdiction to which the IT infrastructure used is subject, and on the measures against access by governmental authorities of third countries to non-personal data (Art. 28 Data Act), is published by the Provider in section 8 of the privacy policy at /privacy.

The rights under § 5 and under the data processing agreement remain unaffected.

The Provider may change these Terms with effect for the future where there is a valid reason, in particular a change in the law or in case law, a further development of the services under § 2, or new technical or security requirements. Prices and usage limits change only under § 4. Changes to the data processing agreement are governed by that agreement. For contracts concluded after a new version has been published, the new version applies immediately.

The Provider notifies the User of the new version at least six weeks before the day from which it is to apply (changeover date): by email or by a notice in the application that refers to the new version. The notification names the changeover date and points out the right to object and the consequences under the following paragraphs.

If the User does not object by the day before the changeover date, the new version is deemed accepted from the changeover date. If the User confirms it in the application beforehand, it likewise applies from the changeover date.

The objection is to be sent in text form to info@mypilatesflows.com and needs no reasons. If the User objects, the contract ends on the changeover date, unless the Provider abandons the change towards the User beforehand and says so. The User may also terminate the contract earlier with immediate effect. The Provider refunds to the owner of the workspace the part of the fee already paid that relates to the time after the end. The User can export their data until the end; § 12 remains unaffected.

All legal relations between the Provider and the User are governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, the permissible provision that comes closest to the economic purpose of the invalid provision shall be deemed to have been agreed.