Terms of Service

These Terms of Service (hereinafter "Terms") apply to all agreements concluded between My Pilates Flows (hereinafter "Provider") and users of the "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, trainers, 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.

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.

As a rule, only one user account is permitted per natural or legal person. Login credentials must be kept confidential and must not be passed on to third parties.

The prices displayed on the website at the time the contract is concluded shall apply. All prices are exclusive of statutory VAT unless otherwise stated.

Depending on the tier chosen, the fee is due monthly or annually in advance. Payment is made via the payment methods offered on the website. In the event of late payment, the Provider is entitled to suspend the provision of services after an unsuccessful reminder and a reasonable grace period.

Invoices are provided electronically within the user account. The User consents to the electronic delivery of invoices. Price changes will be announced in text form at least six weeks before they take effect; in this case, the User has a special right to terminate as of the date the new price takes effect.

The contract is concluded for an indefinite term unless expressly agreed otherwise in the chosen tier. The minimum term and the ordinary notice period are set out in the tier description.

Unless otherwise agreed, either party may terminate the contract with one month's notice to the end of the respective billing period. Termination must be in text form (e.g. by email).

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 must keep their login credentials secure and must inform the Provider without undue delay as soon as there is any indication that the user account is being misused. The User is liable for damages resulting from insufficient protection of the login credentials.

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. A data processing agreement with the Provider can be entered into on request.

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.

The exclusive place of jurisdiction for any dispute arising out of or in connection with this contractual relationship is — to the extent legally permissible — the Provider's registered office.

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.