Legal – FREAK | Spinnax - der Skateboard Tracker

Legal – FREAK

Terms and Conditions (T&Cs)

General Terms and Conditions of SPINNAX GmbH
(hereinafter “SPINNAX”)

1 Services Provided by SPINNAX

1.1 Scope of Services

1.1.1 SPINNAX provides customers with the agreed-upon services in accordance with these General Terms and Conditions (“Terms”). SPINNAX offers a personalized subscription service for motion tracking, analytics, games, training, competitions, and social interaction via approved devices, as well as access to various applications (“Apps”) from third parties and/or SPINNAX. Access is provided through a regularly updated, software-based user interface (“User Interface”) and includes features for recording movements, easily exploring and playing available content, social interaction, analytics, games, as well as editorial and personalized recommendations.

1.1.2 Adjustments and Changes to the Offer

1.1.2.1 Minor Changes to the Offer
SPINNAX is entitled at any time to make minor changes to the program offering, which, in relation to the overall agreed program, must be accepted by the customer in good faith, taking into account the mutual interests of SPINNAX and the customer, without any further compensation.

1.1.2.2 Further Necessary Adjustments to the Offer
SPINNAX reserves the right to adjust the agreed content of the offer beyond section 1.1.2.1 if (1) this becomes necessary due to the expiration of temporary or through no fault of SPINNAX, the loss of indefinite license rights for the contractual functions (loss of rights), or due to technical reasons not caused by SPINNAX or its agents, and (2) this is reasonable for the customer considering the interests of both parties, and (3) the overall character of the offer is maintained, as SPINNAX continues to provide the customer with essentially equivalent (“comparable”) functions and content, and (4) the adjustments become necessary due to circumstances that arise after the contract has been concluded and were neither known nor foreseeable by SPINNAX at the time of contract conclusion.

1.1.2.3 An adjustment of the program offering is always permissible without compensation, provided that such a change was agreed upon between SPINNAX and the customer at the time of contract conclusion. This applies in particular if it was agreed with the customer that certain functions may be updated and/or replaced by SPINNAX.

1.1.3 Digital Archive
The customer acknowledges that copying content/data stored on the smartphone, in the cloud, or on any other approved device is only permitted in accordance with the copyright protection requirements of SPINNAX and/or its licensors. SPINNAX is entitled to access stored cloud content and data and to delete it after the contractually agreed period.

1.1.4 Online Storage
If agreed, SPINNAX provides the customer with online storage as part of the subscription. The subscription includes 1.4 GB of storage and an upload/download volume of 0.25 GB per month.

1.1.4.1 The package features can be used on multiple mobile devices of the subscriber, provided that these devices meet the technical requirements. Use is tied to a single subscriber, non-transferable, and limited to the subscription period. Authentication is carried out via the email address registered in the user account and a license key.

1.1.4.2 Using a FREAK sensor on one device excludes simultaneous use of the same FREAK sensor on another device, unless otherwise agreed.

1.2 FREAK Sensor

1.2.1 To use the SPINNAX service (except for the internet service), the customer requires a FREAK sensor, which SPINNAX provides on a loan basis, if agreed. The customer does not acquire ownership of the FREAK sensor.

1.2.2 SPINNAX reserves the right to replace loaned devices at any time with devices that have essentially the same functions or to modify their software, provided that this does not significantly impair SPINNAX’s performance obligations or the functions of the loaned device and is reasonable for the customer considering SPINNAX’s legitimate interests. Legitimate interests include, in particular, functional, regulatory, and/or licensing requirements and/or safety reasons.
The customer acknowledges that software updates may result in the loss or deletion of data/content or settings stored by the customer on the FREAK sensor or in the app, or in the modification and/or loss of non-essential functions.

1.2.3 Returns
The customer is obliged to return loaned devices to SPINNAX at their own cost and risk no later than two weeks after the termination of the subscription contract, unless SPINNAX is required by statutory withdrawal provisions to bear the cost and/or risk.

1.3 License Number

1.3.1 For the use of the features associated with the respective subscription, SPINNAX sends the customer a license number. It is valid for the duration of the subscription. This license number entitles the customer only to use the functions agreed upon in the subscription with the FREAK sensor specified and approved at the time of contract conclusion.

1.4 Scope of Use

1.4.1 Authorized Use
The customer is entitled exclusively to private use of the agreed service content. Unless otherwise agreed or legally permitted, use is restricted to the user specified in the contract. This also applies if the customer is contractually allowed to use the functions via the app (e.g., SPINNAX FREAK App) on additional devices.
The customer may not use online functions outside the official distribution area of SPINNAX unless legally permitted. Under the regulation of the European Parliament and the Council on ensuring cross-border portability within the internal market, customers may access and use SPINNAX online functions while temporarily staying in another EU member state.

1.4.2 Unauthorized Use
Use is only permitted with FREAK sensors and software approved by SPINNAX. Any other form of use constitutes a violation of these terms and will be pursued under civil and criminal law. Simultaneous use of multiple FREAK sensors with a single license number is not allowed, unless otherwise contractually agreed with SPINNAX.

2 Customer’s Obligations to Cooperate

2.1 Requirements for Using the Features
The customer is responsible for providing a digital connection (internet access) that meets current technical standards, with sufficient bandwidth and data volume to use the SPINNAX service. The devices used (e.g., smartphones) must support error-free communication between the FREAK sensor and the device via Bluetooth LE version 5.2 or higher. The current version of the operating system compatible with the device (e.g., iOS or Android) must be installed. The customer is responsible for updating the device’s operating system. Updates for the FREAK App and firmware are provided by SPINNAX. The customer is responsible for installing updates for the app and FREAK sensor firmware. Using outdated app versions or firmware may lead to functional limitations. SPINNAX does not guarantee functionality in cases of outdated app software and/or firmware.

2.2 Youth Protection
The customer is obliged to comply with the provisions of youth protection.

2.3 Updates
Any changes to the customer’s information provided at the time of contract conclusion (in particular, address, email address, and phone number) that occur after the contract is concluded must be communicated to SPINNAX immediately. The email address registered in the user account, in combination with the license number and FREAK ID, entitles the customer to use the contractually guaranteed functions. Changing the email address in the user account will result in the revocation of usage rights. Any change to the email address in the user account must be requested in writing, justified, and approved by SPINNAX. The processing time for the change depends on the workload of the service center and may vary.

3 Compensation Regulations

3.1 The established monthly subscription fees and any other monthly payments are due in advance at the start of the paid subscription period. Any agreed one-time payments for the subscription and/or access to additional services are due and payable at the time the contract is concluded. If payment is made via direct debit, the applicable direct debit terms shall apply to the extent they differ.

3.2 Fees for additional services added by the customer are due and payable at the time of order. If payment is made via direct debit, the applicable direct debit terms shall apply to the extent they differ.

3.3 Payments within the business relationship, in particular subscription fees and fees for other services, shall be made, unless otherwise agreed, via automatic debit through STRIPE (credit card), PayPal, or direct debit. Cash payments are not permitted under any circumstances. Direct debits by SPINNAX are carried out monthly within eight business days after the agreed due date.

3.4 If the debit fails, the customer must settle the due payments themselves, providing their contract number, no later than the end of the eighth business day after the date on which the debit was scheduled.

3.5 For each case of a debit that is not honored due to the customer’s fault or is wrongfully revoked by the customer, SPINNAX may charge a flat compensation fee of €3.50 to cover the bank’s returned debit fee incurred by SPINNAX.

3.6 If the customer is in default of payment, they shall pay SPINNAX a flat compensation fee of €1.20 per reminder.

3.7 In the cases described in sections 3.5 and 3.6, the customer is entitled to prove that SPINNAX has incurred no damage or a significantly lower damage than the respective flat fee.

4 Price Adjustment

4.1 SPINNAX may adjust the subscription fee agreed with the customer at its reasonable discretion in accordance with the following provisions if the total costs attributable to the subscription increase due to circumstances that arise after the contract is concluded, were not foreseeable, and are beyond SPINNAX’s control (“Total Cost Increase”). The total costs attributable to the subscription consist of the following elements (“Cost Components”): fees for licenses, fees for technical services, customer service and other sales costs, general administrative costs. Any cost reductions must be taken into account when calculating total costs. SPINNAX may increase the price by no more than the amount of the total cost increase and at most once per calendar year. SPINNAX will notify the customer of a price increase at least eight weeks before it comes into effect. In this notification, SPINNAX will specifically inform the customer of any right of termination, the notice period, and the consequences of not submitting a timely termination.

4.2 If a price increase exceeds 5% of the subscription fee applicable up to the time of the increase, the customer is entitled to terminate the subscription contract within four weeks of receiving the notification of the increase, effective as of the date the increase takes effect. This right of termination applies only to the product affected by the price increase. However, if the product affected by the price increase is a prerequisite for another product, termination also applies to that product. If the customer does not terminate or fails to terminate on time, the subscription will continue at the new subscription fee specified in the notification from the effective date of the increase.

4.3 Regardless of the provisions in sections 4.1 to 4.2, SPINNAX is entitled, and in the case of a reduction obligated, to adjust the subscription fee in the event of an increase or decrease in the statutory value-added tax. SPINNAX will, in this case as well, inform the customer at least eight weeks before the adjustment takes effect.

5 Compensation for Damages
If SPINNAX terminates the subscription extraordinarily after a corresponding warning in the event of the customer’s breach of obligations, or after a deadline for non-performance in the case of payment default, or for other reasons, the customer is obliged to pay a flat-rate compensation in lieu of performance equivalent to the subscription fees for the remaining contractual term, less a five percent discount. The parties remain entitled to prove that a higher, lower, or no damage at all has occurred.

6 Protection Mechanisms
All content is protected with digital rights management (DRM), which the customer may not circumvent.

7 Contract Term

7.1 Conclusion of Contract

7.1.1 Online and by Telephone
In the online ordering process, the customer submits a binding offer to conclude a subscription contract by activating the order button (“order with obligation to pay”) on the website. The contract is concluded through SPINNAX’s explicit confirmation of the contract. If the customer does not receive such confirmation, the contract is deemed concluded at the start of contract execution by SPINNAX. By telephone, the contract is concluded when the customer accepts the offer made by SPINNAX.

7.1.2 Other Ordering Methods
The conclusion of a contract for SPINNAX products via ordering methods other than distance selling is governed by the provisions of the respective ordering process or by the applicable statutory regulations.

7.2 Start of Contract
The agreed paid initial term of the subscription contract begins upon completion of the order.

7.3 Unless otherwise agreed, the term of the subscription contract shall automatically renew for an indefinite period if neither the customer nor SPINNAX terminates the contract one month before the end of the initial term. Thereafter, the contract may be terminated by either party at any time with one month’s notice.

7.4 If SPINNAX is no longer able, for licensing or technical reasons, to provide the customer with individual services, functions, or packages, SPINNAX is entitled to terminate the subscription contract for the affected individual services, functions, or packages extraordinarily with a notice period of 14 days.

8 Transfer to Third Parties
SPINNAX is entitled to transfer the payment claims against the customer as well as all rights and obligations under the subscription contract to third parties without the customer’s consent. In the event of a transfer of all rights and obligations, SPINNAX will inform the customer four weeks in advance. The customer is entitled to terminate the subscription contract as of the effective date of the transfer.

9 Final Provisions
SPINNAX may amend these General Terms and Conditions with four weeks’ notice if the change is reasonable for the customer, taking into account the interests of SPINNAX. The right to amend does not apply to essential provisions of the contractual relationship, in particular the type and scope of the agreed mutual services and the contract term. If the customer does not object to the amendment within the period set by SPINNAX, the amendment is deemed approved. SPINNAX will inform the customer of this fact in the amendment notice.

Support and assistance regarding the subscription are available at SPINNAX.com/hilfe. Contact options can be found at SPINNAX.com/kontakt.

Information pursuant to § 36 of the German Consumer Dispute Resolution Act:
SPINNAX does not participate in dispute resolution proceedings before a consumer arbitration board.

Privacy Policy

What is the Privacy Policy and What Does It Cover?

At SPINNAX, we don’t see you as just a customer—we see you as a partner. Without you, we wouldn’t exist. Our SPINNAX universe would be without stars and therefore meaningless. That’s why we want to create maximum transparency and explain what information we store, and how we use and share it. So, read through this Privacy Policy—it’s designed to inform you comprehensively. It will also help you make the most of our products, just as they’re meant to be used.

In this Privacy Policy, we explain how we store, use, share, retain, and transfer information. We also inform you about your rights. We’ve included links where you can find additional information on data protection topics. We want you to be able to protect your privacy, which is why we show you where and how you can manage your data and its use.

Our Privacy Policy applies to all products and services released for private use. This includes, for example, the SPINNAX FREAK Basic Package, the SPINNAX FREAK Pro Package, and the freely available app for iOS and Android.

What Information Do We Store?

With the SPINNAX apps, you can send messages, record tricks, rides, and videos, play games, compete with others, and much more. In other words, you can interact with us and others in many different ways. We capture these interactions through our systems. Examples of such interactions include:

Recording of records with or without camera support, including contextual information such as location, time, frequency, and type.
Deriving geolocation data to determine locations, for example, to create hotspot maps. These maps show spots or routes where many activities take place, making them highly popular and attractive.
Creating VANTAMOTION views: the interactive 3D visualization of your body movements and/or those of your sports equipment.
Creating posts or comments.
Content you create using our camera feature is combined with the camera and motion data from your smartphone. This includes, for example, zoom settings or the smartphone’s acceleration values to ensure smooth, accurate data.
Messages you send or receive, including their content.
Apps and features you use, and the interactions you have with them.
Purchases or other transactions you make, including credit card information.
The time, frequency, and duration of your interactions with our products.
Information sent to other social media applications.

How Is Your Information Shared?
Everyone is different. That’s why each person uses our offerings in their own way. How you practice your sport, which runs, sessions, or tricks you perform, depends entirely on you. Factors like your height, weight, skill level, courage, and more also come into play.That’s why we use the collected data to provide you with personalized information tailored specifically for you — to increase your fun or help you continuously improve.
Just as you want to improve, we want to do the same. That’s why we use data to gain new insights about our services and make them even better. Our privacy policy provides detailed information on how we use the data, along with examples and links to further resources. For example, we share your data with the following parties or for the following purposes:

Individuals and accounts within the SPINNAX network, depending on the person or user group you select. Always be mindful of who you share information with — especially if they leave the SPINNAX network, as public information can be seen by everyone.
Services (such as apps and websites) that you grant access to your SPINNAX data, for example when you use a service to share your recordings or videos with others.
Location and movement data to show you the hottest spots in your area.
Companies that offer products or services, for example when you make a purchase and provide your shipping address.
Providers and service partners that we collaborate with as a company.
Schools, colleges, and universities, for example, to research how movements can be captured more accurately or to study the physical stresses your body experiences. Performance improvements and safety are our top priorities.
Legal requests (for example, from a court or law enforcement agency), provided they comply with the law and our policies.

How to delete your information
We all change our views and opinions from time to time. The same goes for information and data we’ve shared online. If you want to delete records or videos you’ve shared, tap the three dots within your record and then select “Delete.”
You also have the option to delete your account at any time. When you delete your account, we remove all your posts. Keep in mind: this information cannot be restored later.
Information that you’ve already shared with others, or that others have further shared, is not part of your account.

Privacy Policy

SPINNAX GmbH, Haldenhofstraße 12, 78351 Bodman-Ludwigshafen, is responsible for processing the personal data provided by the customer. SPINNAX has appointed a Data Protection Officer, who can be contacted at the above address or via email at datenschutz@spinnax.com.
The personal data provided by the customer, as well as data on the type and frequency of their use of the services provided by SPINNAX, are processed by SPINNAX and stored within the statutory retention periods (in particular under the German Commercial Code (HGB) and the Fiscal Code (AO)), insofar as this is necessary for the performance of the contract (Art. 6(1)(b) GDPR). Contract performance includes, in addition to providing the product, carrying out customer service and billing, the processing of this data (1) for SPINNAX’s resource and financial planning (e.g. license procurement, personnel planning, server capacity planning) in order to ensure product availability, and (2) for implementing technical and organizational measures to comply with the requirements of the GDPR and to protect the rights of the data subject.

Depending on the respective subscription, the data may be transmitted to service providers who perform services on behalf of SPINNAX (data processing on behalf, Art. 28 GDPR). If a SPINNAX service provider is located in a third country, appropriate safeguards (in particular the use of EU standard contractual clauses) ensure that the customer’s rights as a data subject are protected. In addition, for the purpose of age verification, SPINNAX transmits the provided personal data to credit agencies (currently, for example, SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden).
To optimize and automate SPINNAX’s processes, SPINNAX uses so-called machine learning. In this context, decision logics are trained within a system based on specific use cases, meaning the system can learn from past data and use algorithms to develop statistical models that are applied to future, comparable tasks. The legal basis for this processing is Art. 6(1)(f) GDPR. SPINNAX uses machine learning, for example, to enable fast and efficient trick recognition. For this purpose, trick data from recordings created by users are analyzed. A substantial part of SPINNAX’s motion-tracking technology relies on machine learning. It is an essential component of the system, without which the core functions cannot be ensured. Not only does SPINNAX have a legitimate interest in this (within the meaning of Art. 6(1)(f) GDPR), but the customer also benefits by receiving increasingly accurate trick data.
If the customer and/or user does not consent to the processing of their data for machine learning purposes, no contract between the customer and SPINNAX can be concluded.
To enhance the SPINNAX user experience, various features are made available to the customer within the respective SPINNAX products they use. Detailed information about which of these features are used in each product, which data we process for which purposes, and which legal bases apply in each case can be found at any time in the respective privacy policies. These features may include, among others, motion analysis of human bodies and/or sports equipment, geotracking information, personalized recommendations, autoplay, resume functionality, system checks, product analytics, voice command functionality, and usage-based advertising.
If such processing is not part of the performance of the contractually owed services, the customer may disable these features (if available) at any time within the SPINNAX apps.
To enable the customer to make the best possible use of the SPINNAX offering and to purchase (additional) SPINNAX products that may be of interest, SPINNAX uses address and telephone data obtained in connection with the contract to provide the customer—also beyond the term of the contract—with information about SPINNAX products in the field of motion analysis in sports (direct marketing). For this purpose, SPINNAX may also process additional contextual data from the subscription contract (in particular the duration of the contractual relationship, the packages booked by the customer, the hardware used, and whether it is connected to the internet) in order to tailor advertising to the customer’s potential interests. The legal basis for this processing is Art. 6(1)(f) GDPR.

As a SPINNAX customer, SPINNAX may also occasionally inform the customer by electronic means (email, SMS, social media channels) about similar SPINNAX offers in the field of motion analysis in sports that may also be of interest to the customer (Art. 6(1)(f) GDPR). These communications are permitted by law pursuant to Section 7(3) of the German Act Against Unfair Competition (UWG). For this purpose, SPINNAX uses the email address and/or telephone number provided by the customer within the contractual relationship.

The customer may object at any time, in whole or in part, to the use of their data for direct marketing purposes with effect for the future, without incurring any costs other than the transmission costs.
If the customer has consented to the use of their data for analytics, marketing, and opinion research, SPINNAX may also process usage data collected in the course of fulfilling the contract (e.g., data on skating behavior, data on frequently used features) for these purposes. The settings for the product and the underlying data processing, except for system-inherent data necessary for the product’s functions, can be changed at any time.
The customer has the right to request, free of charge, information about the personal data stored by SPINNAX (Art. 15 GDPR). The customer also has the right to request the correction, deletion, or restriction of the processing of their personal data (Arts. 16–18 GDPR) as well as the right to receive the relevant data in a structured, commonly used, and machine-readable format (right to data portability, Art. 20 GDPR). The customer may at any time object, within the framework of legal provisions, to the processing of data that is necessary to protect the legitimate interests of SPINNAX or a third party, or that is carried out for the purpose of direct marketing (Art. 21 GDPR).

Corresponding requests can be sent to the above address or to datenschutz@spinnax.com. If the customer believes that the processing of their personal data by SPINNAX violates applicable legal provisions, they may also contact a supervisory authority.
Further information on data protection at SPINNAX can be found in the current version in the “Privacy” section on the website at www.spinnax.com, on the websites of the respective SPINNAX products (e.g., https://spinnax.com/shop), and under “Privacy” in the SPINNAX apps.