Version: October 2019
Attention! This document has been translated into English. Although develop-it makes every effort to ensure that translations are accurate, it is possible that the translation of text passages may conflict with the purpose intended by develop-it. For this reason develop-it accepts no responsibility for incorrect, contradictory, incomplete or otherwise incorrectly translated passages. In case of discrepancies between this translated document and the original German document, the German version shall prevail at all times.
These General Terms and Conditions (Terms) govern the contractual relationship between the users of myTRS (hereinafter referred to as “customers” or “users”) and develop-it Ing. Michael Lipp, Obere Mühlfeldstraße 15, A-2563 Pottenstein, hereinafter referred to as „develop-it”.
What are these General Terms and Conditions valid for?
§ 1: Scope of application
“myTRS – My Training Regeneration Status” (hereinafter referred to as “myTRS”) is an Internet service that supports users in optimizing their build-up training by taking into account the required regeneration times. myTRS is developed and operated by develop-it.
By registering a user account and using myTRS, the customer agrees to these Terms and any other agreements referred to therein. They are valid until revoked in the respective valid version.
develop-it is entitled to change these terms at any time in order to adapt them to changed technical, legal or economic conditions. Users will be notified of all changes and the effective date by e-mail to the e-mail address provided during registration. The modified conditions become effective if the user does not contradict their validity at the latest four weeks before this time. The current version of the General Terms and Conditions can be viewed at www.mytrs.at
What services do we offer?
§ 2: Scope of services
develop-it provides its users with an Internet service, either free of charge or at a charge, which serves to support the users in planning their build-up training. Technically, these are program functionalities that are installed on the provider's web server and can be used by the user with standard internet terminals via an active internet connection. With myTRS, users can record, store and evaluate the exercises performed during their training sessions and share parts of them with their self-defined “training partners”.
develop-it strives to ensure the highest possible availability of myTRS. However, it is not possible to guarantee a concrete level of availability. In any case, the e-mail address firstname.lastname@example.org is available to users for reporting any problems.
develop-it reserves the right to change, extend, delete or completely remove the scope of services offered by myTRS without prior notice and without stating reasons.
What agreements apply to registration and payments?
§ 3: Business relationship
To use myTRS, a one-time, free registration (creation of a user account) is required. The myTRS services may be used by legal entities or natural persons aged 18 or over who are in a position to conclude a legally binding contract. Minors between the ages of 14 and 18 require the consent of their legal guardians.
The free version provides the user with all the functions of myTRS intended for standard users. As soon as 100 exercises have been entered and saved, no further exercises can be booked with this variant.
In order to book more than 100 exercises, the user must purchase a paid license payable in advance. Quarterly licenses are available for 3 months, half-year licenses for 6 months and yearly licenses for 12 months. These periods always begin quarterly, i.e. with the first of the month in January, April, July and October. If a quarterly license is acquired within such a three-month period, the purchase price is reduced from certain cut-off dates in order to ensure a fair entry even after the beginning of a quarter.
If the payment method bank transfer is chosen when purchasing a license, the license is valid immediately for 14 days from the day of the order. If after the end of this period develop-it does not receive any payment with a note of the corresponding user name, the license will be deactivated until full payment is made. In this case, the user can use myTRS in the free version (booking of a maximum of 100 exercises).
The user can call up a receipt in the form of a PDF file directly in myTRS for the licenses ordered and subject to a charge.
The settlement shall be made in Euro. The prices shown in myTRS at the time of ordering apply.
Offsetting against disputed counterclaims which have not been legally established and the retention of payments by the user on the basis of counterclaims from other contractual relationships is excluded. Payments are always credited against the oldest outstanding receivable.
develop-it may make special or free offers (usually in the form of coupons) to which additional conditions or restrictions may apply.
What do you need to watch out for?
§ 4: Obligations of the user
Every myTRS user commits not to interfere with technical or electronic aids, to handle his own personal data carefully and to grant access to his own data only to those persons with whom there is already an appropriate close relationship.
myTRS users (in particular showcase or marketplace editors) are obligated to only store, publish or distribute content that they are authorized to distribute. The responsibility for these contents lies exclusively with the user. Furthermore, myTRS users undertake not to store, publish or disseminate any racist, insulting, discriminatory, defamatory, sexual, violent or other illegal content.
In the event of non-compliance, develop-it reserves the right to warn, delete content or block users. The choice of sanction depends on the nature and gravity of the offence. develop-it also reserves the right to close or cancel the account of registered users in case of misuse or fraudulent use.
What can we not be held responsible for?
§ 5: Disclaimer of liability
The health of our users is very important to us. However, it is up to each user to decide whether or not to consult a doctor or other qualified advisor regarding his/her sporting behaviour. The use of myTRS is therefore exclusively at the user's own risk.
develop-it assumes no liability for damages resulting from the use of myTRS. develop-it also assumes no liability for performance successes, results, availability, functional scope and error-free functioning of myTRS, nor for lost or damaged data.
Furthermore, develop-it assumes no liability for external links or showcase or marketplace information or offers as well as products or services from third parties. If products or other services of third parties or cooperation partners are offered or advertised in myTRS, develop-it will not become a contractual partner of the customer with regard to these offers. In such cases, the contracts are concluded solely between the customers and the respective third party providers. develop-it does not act as a representative, vicarious agent or service agent of the third party provider.
What is required to use myTRS?
§ 6: Technical requirements
myTRS requires access to the Internet in order to retrieve data directly and make it available to the user. The processing and preparation of the data takes place at the infrastructure provider of myTRS.
Expenses and costs for setting up and operating Internet access are the responsibility of the user himself. He is also responsible for ensuring that myTRS functions properly on his own internet device before purchasing licenses. The free version is available for this purpose.
How is your data handled?
§ 7: Data security and data protection
The user has the possibility to save his own training data as a file within myTRS and thus make personal data backups. Although develop-it and the commissioned infrastructure provider strive for the highest possible data security, the responsibility for securing the user's own data remains with the user himself.
Upon request or at the latest after 24 months of inactivity of a user account, the data of this user will be deleted in myTRS unless they are subject to a retention obligation for other compelling reasons or the statute of limitations for potential legal claims has not yet expired.
How can you withdraw from the contract?
§ 8: Right of withdrawal and cancellation policy
The withdrawal period for the purchase of myTRS services (products and services from third parties are excluded) is 14 calendar days. Within this period, the customer can withdraw from the contract without stating reasons and at no cost.
In order to use his right of withdrawal, the customer must inform develop-it (contact details see above) by means of a clear declaration of his decision to terminate this contract. The form of revocation is not predefined, but the user name of the customer must be specified in order to enable assignment in myTRS. In order to comply with the revocation period, it is sufficient for the customer to send notification of the exercise of the right of revocation before the expiry of the revocation period.
For licenses that have already been paid for and whose purchase is revoked, a refund shall be made to an account to be named by the customer.In the case of the payment method bank transfer, it is sufficient not to transfer the outstanding amount after notification of the intention to withdraw. If a license is already active, it will be deactivated automatically.
What else is there?
§ 9: Other provisions
Austrian law shall apply to these GTC and all contracts concluded on the basis thereof. Place of jurisdiction is the registered office of develop-it, whereby the right is reserved to sue at the registered office of the customer. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
All contracts for the use of myTRS are concluded on the basis of these Terms and Conditions. There are no oral agreements.
Severability clause: Should individual provisions of these terms and conditions be or become invalid or should there be a gap in the contract, the remaining terms and conditions shall remain unaffected. Instead of the invalid provision or to fill a gap, an appropriate provision shall be made which – as far as legally possible – comes closest to what the contracting parties intended or would have intended according to the meaning of this contract if they had considered the point.