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SPINNAX - THE SKATEBOARD HUB

Terms and conditions

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

1.1 Scope of services

1.1.1 Scope of the agreed offer

SPINNAX provides the offer agreed when the contract is concluded. The free SPINNAX App connects spots, events and the skateboarding community. The optional SPINNAX SB1 motion capture sensor adds 3D recording of board movements and further possibilities for challenges. The paid services agreed are defined by the selected offer and order confirmation.

1.1.2 Changes to digital services

Changes to continuously supplied digital services are subject to the statutory requirements. Valid reasons may include necessary adaptations to changed security requirements, technical environments or legal requirements. Changes do not result in additional costs and are communicated clearly. If access or use is adversely affected by more than a minor amount, SPINNAX provides timely advance information on a durable medium about the change, its date and applicable termination rights. Statutory rights remain unaffected.

1.1.3 Digital archive

Stored recordings and content are provided within the agreed features. Access, storage and deletion are governed by the contract, privacy notices and applicable law. Statutory rights of use and access to data remain unaffected.

1.1.4 Online storage

The agreed SB1 plan includes 20 GB of cloud storage and a monthly upload/download allowance of 4 GB. These allowances apply to subscriptions and Lifetime.

1.1.4.1 The functions of the packages may be used on multiple mobile devices of the subscriber, provided these devices meet the technical requirements. Usage is tied to one subscriber, is non-transferable, and limited to the agreed duration of the selected offer. Authentication is carried out via the email address stored in the user account and a license key.

1.1.4.2 The use of a SPINNAX SB1 sensor on one device excludes the simultaneous use of the SPINNAX SB1 sensor on another device, unless otherwise agreed.

1.2 SPINNAX SB1 sensor

1.2.1 The free SPINNAX App can be used without a sensor. The additional SB1 features require a compatible SPINNAX SB1. Under monthly and annual subscriptions, SPINNAX provides the sensor on loan for the contract duration; it remains SPINNAX property. With the Lifetime purchase, the customer acquires ownership of the sensor. The digital functions included are governed by the agreed scope of the selected offer.

1.2.2 SPINNAX reserves the right to exchange loaned devices at any time for loaned devices with substantially identical functions or to modify their software, provided that SPINNAX’s performance obligations and the functions of the loaned device are not significantly impaired and this is reasonable for the customer taking into account SPINNAX’s legitimate interests. Legitimate interests include, in particular, functional, regulatory and/or licensing requirements and/or security-related reasons. The customer acknowledges that software updates may result in the loss or deletion of data/content or settings that the customer has stored in the SPINNAX SB1 sensor or the app, or in the modification and/or loss of non-essential functions.

1.2.3 Return

The customer is obliged to return loaned devices to SPINNAX at their own cost and risk no later than within two weeks after termination of the subscription contract, unless SPINNAX is obliged to bear costs and/or risks due to statutory right-of-withdrawal provisions.

1.3 License number

1.3.1 Where the selected offer requires a licence number, SPINNAX provides it to the customer. It is valid for the agreed period of use and authorises the functions included in the selected offer using the approved SPINNAX SB1 sensor.

1.4 Scope of use

1.4.1 Authorized use

The customer is authorized to use the agreed service content exclusively for private purposes. Unless otherwise agreed or permitted by law, use is restricted to the user specified in the contract. This also applies in cases where the customer is contractually permitted to use the functions via app (e.g., SPINNAX App) on additional devices. Unless permitted by law, the customer may not use online functions outside SPINNAX’s official distribution area. Under the Regulation of the European Parliament and of the Council on ensuring cross-border portability in 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 permitted only with SPINNAX SB1 sensors approved by SPINNAX and software approved by SPINNAX. Any other form of use constitutes a violation of these Terms and will be pursued civilly and criminally as unauthorized use. The simultaneous use of multiple SPINNAX SB1 sensors with only one license number is prohibited unless otherwise contractually agreed with SPINNAX.

2.1 Prerequisites for using the functions

The customer is responsible for providing a digital connection (internet connection) corresponding to the current state of the art, sufficient bandwidth, and sufficient data volume to use SPINNAX’s functional offering. The devices used (e.g., smartphones) must support error-free communication between the SPINNAX SB1 sensor and the device via Bluetooth LE version 5.2 or newer. The current version of the operating system matching the device (e.g., iOS or Android) must be installed. The customer is responsible for updates to the devices’ operating systems. Updates to the SPINNAX App and firmware are provided by SPINNAX. The customer is responsible for carrying out updates for the SPINNAX App and firmware. Non-current app versions and firmware may lead to functional restrictions. SPINNAX provides updates, including security updates, required to maintain conformity and informs customers of their availability. If a supplied update is not installed within a reasonable period, any exemption from liability is subject to the statutory requirements. In particular, the customer must have been informed of the update and the consequences of not installing it, and failure to install it correctly must not result from inadequate installation instructions. Statutory rights relating to defects remain unaffected.

2.2 Youth protection

The customer is obliged to comply with youth protection regulations.

2.3 Updating contact details

Please inform SPINNAX of changes to your contract and contact details. If a change cannot be made directly in your account, you may contact customer service in text form. Appropriate proof of identity may be needed to securely identify an account or licence. A change of email address alone does not extinguish statutory or contractual rights.

3.1 The prices and billing intervals stated when the contract is concluded apply. Subscription charges are due monthly or annually in advance, depending on the selected offer. Agreed one-off payments are due when the contract is concluded. The checkout and contract confirmation provide the details.

3.2 Fees for additional services that the customer books become due and payable at the time of order. To the extent that payment is made by direct debit, the regulations agreed there apply insofar as they deviate.

3.3 Payment is made using the method offered and selected during checkout. Recurring payments follow the agreed intervals and payment authorisation.

3.4 If collection fails, the customer must arrange payment of the due amounts, specifying their contract number, no later than by the end of the eighth business day after the date for which collection was agreed.

3.5 In the event of culpable late payment or a returned payment for which the customer is responsible, SPINNAX may claim only costs recoverable under applicable law. Statutory objections and proof that no loss or a lower loss occurred remain unaffected.

The agreed prices apply to the selected offer. A price change requires a valid agreement or statutory basis. Silence in response to a notice does not constitute consent to a price increase. Statutory rights remain unaffected.

The statutory provisions apply to liability and damages. In particular, liability for intent or gross negligence, injury to life, body or health, and mandatory statutory claims are neither excluded nor limited. Statutory rights relating to defects remain unaffected.

Use of the software and content is governed by the agreed scope of use and applicable law. Legally permitted uses and mandatory rights remain unaffected.

7.1 Conclusion of contract

7.1.1 Online and telephone

In the online ordering process, the customer submits a binding offer to conclude a contract for the selected offer by activating the order button (“order with obligation to pay”) on the website. The contract is concluded through SPINNAX’s explicit contract confirmation. If the customer has not received such confirmation, the contract is concluded when SPINNAX begins contract performance. By telephone, the contract is concluded through the customer’s acceptance of the offer made by SPINNAX.

7.1.2 Other ordering channels

The conclusion of contracts for orders of SPINNAX products via ordering channels other than distance selling is governed by the specifications of the respective ordering process or the general legal regulations.

7.2 Start of contract

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

7.3 Unless otherwise agreed, the respective term of the subscription contract is automatically extended for an indefinite period unless either the customer or SPINNAX terminates one month before the end of the initial term. Subsequently, the contract may be terminated by either party at any time with a notice period of one month.

7.4 Statutory termination rights

Both parties retain their statutory right to terminate for good cause and any other statutory rights to end the contract. Statutory customer rights apply to services that can no longer be supplied in conformity with the contract.

7.5 Giving notice of termination

You may give notice of termination using the permanently accessible “Cancel subscription” button on our website. No login is required. You may specify a termination date or request termination at the earliest possible date. Other legally permitted methods of giving notice remain available. The right to terminate for good cause remains unaffected.

SPINNAX is entitled to transfer 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 the transfer of all rights and obligations, SPINNAX shall inform the customer four weeks in advance. The customer is entitled to terminate the subscription contract effective at the time the transfer becomes effective.

Changes to these Terms require a valid agreement unless a statutory power to amend applies. Silence in response to a change notice does not constitute consent. Mandatory statutory rights remain unaffected.

Support and help regarding the subscription as well as contact options at spinnax.com/support-service .

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

Please see our website privacy policy and app privacy policy for information about personal data. Our withdrawal notice and public cancellation form are always accessible.