1. Scope and nature of the Service

1.1. Move Republic GmbH, Poststr. 14-16, 20354 Hamburg ("Move Republic") provides a service of active lifestyle promotion (hereinafter the "Service") to cooperating entities (hereinafter the "Partner Entities") and their employees, as well as to other natural persons (hereinafter collectively the "Users").

These general terms and conditions (the "Terms") are addressed to Users of the Service, in particular to consumers using the Service for purposes not directly related to their business, commercial, craft or professional activity. The provisions of the Terms do not limit any rights of consumers granted under mandatory provisions of European Union law and the national law applicable to the consumer's place of residence.

Move Republic provides the Service using its proprietary IT platform Move Republic (the "Platform"), an integral part of which is the Move Republic mobile application (the "App"). Move Republic offers the Service for an indefinite period; it includes in particular:

i. enabling Users to record physical activity in the App (also using external sources), monitor progress and assess activity levels,

ii. motivating Users to exercise regularly through the programs that consist of digital consulting, setting goals, organizing sports events / challenges, awarding activity points ("Activity Points"), reward points (such as "STARS", "MOVES") or symbolic badges, etc.,

iii. enabling Users to participate in special active lifestyle promotion programs organized on behalf of Partner Entities that have entered into relevant agreements with Move Republic (the "Partner Programs"),

iv. enabling Users to exchange reward points for rewards in a dedicated rewards catalogue ("Rewards"),

v. enabling Users to connect in groups ("communities", "teams") in order to motivate each other to stay active, including by exchanging information and competing individually and as a group, also between groups,

vi. enabling Users to use "paid additional services", i.e. additional paid functions and digital content offered within the Service, the availability, scope and terms of which result from their description and the purchase terms displayed at the time of purchase.

Details of the Service are set out in Section 4 of the Terms. Use of the Service is voluntary. Partner Entities as well as Users may freely decide on the extent of the Service made available to them. Move Republic reserves that the scope of the Service may differ for different Users.

1.2. Move Republic undertakes to provide the Service in accordance with the Terms and applicable law, in particular provisions on digital content and digital services. If the Service is found to be non-conforming with the contract, the User (as a consumer) is entitled to the remedies provided for by applicable law, including the right to have the Service brought into conformity, a price reduction or termination of the contract, where such provisions apply.

1.3. Registration of a User and subsequent use of the Service constitute unconditional acceptance of the Terms in full. If the User does not agree with the Terms or any part thereof, the User is not entitled to use the Service.

1.4. Move Republic processes Users' personal data in accordance with applicable data protection laws. Detailed information is set out in the Move Republic Privacy Policy, available within the Service and on the website https://www.moverepublic.com/privacy/ (the "Privacy Policy"). The Privacy Policy describes what User data Move Republic processes. The Privacy Policy does not form part of the contract between Move Republic and the User and may be amended; therefore, the User should regularly review its current wording. By using the Service, the User confirms that they have read the current Privacy Policy. If, within the Service, the User's personal data are processed by a third party, that third party's privacy policy available on that entity's service also applies. If an agreement on joint controllership exists between Move Republic and a third party, information on its material provisions is set out in the Privacy Policy.

2. Rules for using the Service

The provisions below apply to all elements of the Service.

2.1. A User may register if they are at least 16 years old. If the User is under 16, the User may register and use the Service only if their parent or legal guardian accepts the Terms and has read the Privacy Policy on the User’s behalf. If the User is under 18, they may purchase or use paid additional services only with the consent of their parent or legal guardian. The User may install and use the Service solely for non-commercial purposes. Any statements made by the User are made solely on the User's own behalf and have legal effect solely on the User's behalf.

2.2. Move Republic reserves the right to temporarily or permanently exclude a User in the event of a breach of law, good customs or the Terms. The User undertakes to provide Move Republic, and to provide while using the Service, only true information (in particular true personal data).

2.3. Information about third parties and their services provided by Move Republic as part of the Service comes from publicly available sources or is provided by those third parties themselves. These entities are responsible for updating the information that Move Republic disseminates about them and their services within the Service. Move Republic exercises due care in providing the Service; however, it cannot guarantee the accuracy and completeness of all information due to dependence on third parties and other publicly available sources. If the Move Republic Service contains hyperlinks to other websites operated by third parties, these are provided for information purposes only. Move Republic does not continuously monitor such websites and is not responsible for their content, accuracy or timeliness.

2.4. All software underlying the Service is the property of Move Republic and/or third parties and is protected by copyright and relevant contractual provisions. The User may use the software only in accordance with the contract and for the purpose of using the Service provided by Move Republic.

2.5. The User acknowledges that access to, and use of, the Service or any part of it may occur only for lawful, authorised and permissible purposes. The User will not use the Service or any part of it (nor help third parties to use it) in a manner that:

i. infringes the rights of Move Republic, other Users or third parties;

ii. is obscene, offensive, contains threats, intimidates, harasses, is racially or ethnically offensive, encourages unlawful behaviour, or is otherwise inappropriate;

iii. contains falsehoods, distortions or misleading statements;

iv. is intended for unlawful or improper communication;

v. involves any non-private use of the Service, unless with Move Republic's consent.

2.6. Use of health-related elements of the Service (e.g. training plans, active lifestyle promotion programs, sports events / challenges) is at the User's own risk.

2.7. A prerequisite for using the Service is the User's good general health. In the event of past or current medical conditions, it is recommended to seek medical advice before starting to use the Service. This applies in particular if the User suffers from illnesses or ailments, infections or other health limitations (including cardiovascular, lung or respiratory diseases, spine and/or joint problems, neuromuscular disorders), has limited mobility or has suffered acute injuries preventing or significantly limiting physical activity, and also is after surgical procedures. Pregnant women and breastfeeding mothers should consult a doctor before starting to use the Service. The provisions of this section do not exclude or limit Move Republic's liability to the extent that it cannot be excluded or limited under mandatory provisions of law, in particular in the event of damage resulting from injury to life, body or health.

2.8. Because the Service is based on the use of a smartphone, Users who do not have a compatible iOS or Android device cannot use it.

2.9. The right to use the Service is terminable, non-exclusive, non-sublicensable and non-transferable on the User's side. It entitles the respective User to use the Service in accordance with Move Republic's applicable terms. Except for rights expressly granted, no rights to use are granted to the User by implication or otherwise.

3. User registration

3.1. Creating a User account

Only registered Users may use the Service. To create an account, a natural person provides the required and true data during the registration process. On this basis, a User account is created unless a User account with identical data already exists; such data must remain unique within the Service (e.g. the e-mail address as the access identifier). During registration, the User accepts the Terms and confirms that has read the Privacy Policy. For security reasons, Move Republic sends an e-mail at the end of the process requesting confirmation of registration; only after such confirmation is the registration successfully completed. The User may start using the Service after successful registration and/or after a successful login. Move Republic is not obliged to make the Service available if the User has not registered and logged in.

The User is obliged to keep the User account data confidential, in particular the access identifier and password. Access identifiers or passwords may not be disclosed to third parties. The User may not use third parties' access identifiers or passwords. The User is responsible for all activities related to the User account. If Move Republic has a justified suspicion that the User account is being used without authorisation, it has the right to block the User account until the suspicions are clarified. The User account may not be transferred to another person.

3.2. Communication with the User

Move Republic sends the User, to the e-mail address linked to the User account, information necessary for providing the Service (in particular regarding security, changes to the Terms and/or the Privacy Policy, important service communications and information that Move Republic is legally obliged to provide). A prerequisite for using the Service is having an active e-mail address and keeping it up to date in the User account.

3.3. Closing the User account

The User has the right to close the User account at any time, thereby immediately resigning from the right to use the Service. To do so, the User may use the "Delete account" function available in the App or contact Move Republic (contact details are set out in Section 9.1). After the User account is closed, all content posted on it is deleted or blocked by Move Republic, subject to statutory retention periods.

4. Move Republic Service

4.1. Recording User activity

Move Republic enables the User to record data relating to their physical activity, including data originating from various sources. The User decides how such data are collected, e.g. by allowing the App to access geolocation data or by connecting the Service with other sports applications or activity-tracking devices. The User's activity data are stored in the User account and are used in programs, sports events / challenges in which the User participates.

4.2. Scope of functionality

Move Republic offers various ways of active lifestyle promotion aimed at motivating Users to exercise regularly - individually and/or in groups. The active lifestyle promotion takes place in particular by providing within the Service programs covering many types of sports - both at sports facilities and outdoors. These programs may include, among other things, setting sports goals, organizing sports events / challenges (individual and team), providing digital tips, counting activity points ("Activity Points") and awarding reward points (e.g. STARS, MOVES), which Users may exchange for Rewards or allocate to charitable purposes, etc.

Individual programs may differ, in particular in terms of participation criteria, types of activities, sports goals, rules of sports events / challenges, as well as the type and scope of entitlements relating to Activity Points, reward points and Rewards, etc. Move Republic publishes the rules of each program in the Service.

The level of activity (e.g. the degree of achievement of a sport goal, number of activity points, steps, distance, etc.) in programs in which a User takes part is determined based on physical activity data recorded on the User account. Various recorded activities are converted into activity points to facilitate comparing activities and measuring progress in achieving goals or in sport events / challenges. The User may also receive special distinctions, e.g. in the form of symbolic badges.

The User may create, join or be invited to communities and teams depending on the settings selected by the User within the Service. Information about invitations and membership in communities and teams is recorded on the User account.

Within communities and teams, the Service may enable Users to communicate with each other and exchange content, in particular by publishing content in feeds and conducting conversations (chats) within a given community or team, as well as by likes, reactions and comments regarding published content. The scope of visibility of content and the User's profile data to other Users may depend on the settings selected by the User within the Service and on the settings of a given community or team.

Move Republic may maintain and publish within the Service leaderboards with rankings of programs, sports events / challenges, including results and ranking positions of participating Users, as well as results of communities and teams. In addition, members of communities and teams as well as participants in sports events / challenges may, via the Service, obtain information about the activity of other participating Users and about the results of group competition of a community or team, depending on the selected settings and the rules of a given program, competition or challenge.

Under the agreement between the User and Move Republic, Move Republic may send the User push notifications or e-mails in order to inform, remind, motivate and encourage the User to achieve goals and better results in programs, sports events / challenges in which the User participates. The scope of such messages may depend on the settings of the mobile device, the configuration of the User account and the settings of a given community, team or program. The User may opt out of receiving such messages at any time by adjusting settings on the mobile device, in the User account and in the settings of the relevant community, team or program.

4.3. Partner Programs

4.3.1. Move Republic offers Partner Entities (e.g. businesses) the organization of Partner Programs. In such a case, the ordering Partner Entity determines which Users are eligible to use a Partner Program and under what rules, as well as the moment when the participating User's right to use the Partner Program ends.

4.3.2. Participation in a Partner Program is possible if the following conditions are met cumulatively:

i. the User has registered in the Service and has provided all data required to participate in the Partner Program (details in Section 4.3.3),

ii. the User's right to use the Service and/or the Partner Program has not expired (e.g. due to termination), and

iii. the User has consented to the processing of data for the purpose of implementing the Partner Program in which they participate and has not withdrawn such consent vis-a-vis Move Republic.

4.3.3. Before using a Partner Program for the first time, the User must enter in the Service the program identifier ("Program ID") provided to them by the Partner Entity or by Move Republic on its behalf. Move Republic informs the Partner Entity about the registration for participation in the Partner Program by providing the User's last name, first name, e-mail address and, if required, date of birth, phone number and the User's identifier in the Partner Entity's system. If the Partner Entity subsequently informs Move Republic that the User is not eligible, Move Republic has the right to suspend or exclude the User from participation in that program; clarification of the reasons for lack of eligibility takes place directly with the Partner Entity.

4.3.4. The Partner Entity may receive anonymized summaries from Move Republic regarding the activity of participating Users. Depending on the rules of a given Partner Program, the Partner Entity may also receive named lists of participating Users - to the extent necessary to verify eligibility to participate in the Partner Program and to settle it, including settlements related to Rewards - in accordance with the rules of that program. In addition, Move Republic may provide Partner Entities with so-called "inactivity messages" in Partner Programs in which a participating User shows no activity for a specified period (usually one month).

4.4. Service updates

4.4.1. Move Republic makes the Service available in the current version and reserves the right to update the Service at any time. Updates may be introduced in particular to enrich the Service with new functionalities, adapt it to the state of the art, optimise performance, increase user-friendliness, fix bugs or for licensing reasons. Move Republic informs the User about available updates, including updates important for the proper functioning of the Service. The User should install the provided updates.

4.4.2. Failure to install updates may affect the functioning of the Service or access to particular functionalities, without prejudice to the rights granted to the consumer under mandatory provisions of law. Move Republic is not liable for improper functioning of the Service resulting solely from the User's failure to install an update, provided that the User was duly informed about such update.

4.4.3. Move Republic has the right at any time, at its sole discretion, to suspend access in whole or in part to the free elements of the Service or to cease providing the free elements of the Service in whole or in part. This provision does not affect the consumer's rights under mandatory provisions of law and does not apply to paid additional services purchased by the User.

5. Activity points, reward points and Rewards

5.1. General provisions

The User may earn activity points and reward points only for actual physical activities performed personally and in accordance with the applicable rules. The User is obliged to record in the App only real activities performed by the User and to ensure that fictitious activities, activities of third parties, as well as activity points or reward points for such activities, and for activities performed contrary to the rules, are not recorded on the User account. If the User becomes aware of such records, the User should promptly ensure that they are removed.

Activity points are merely a measure of the level of activity and do not entitle the User to Rewards. Only reward points earned by the User entitle the User to receive Rewards.

5.2. Rules for redeeming reward points

Each User may exchange earned reward points (such as STARS)for Rewards or use them to support selected charitable purposes. A prerequisite for exchange is the availability of Rewards/charitable purposes in the Service and having the required number of reward points. All such information is published in the Service. Rewards are delivered by Move Republic or, in the case of some Partner Programs, by the Partner Entity.

Responsibility for fulfillment of a Reward depends on who offers it:

i. if a Reward is offered and fulfilled by Move Republic - Move Republic is responsible to the User for its fulfillment;

ii. if a Reward is offered and fulfilled by the Partner Entity or an external supplier - that entity is responsible to the User for fulfillment of the Reward, and Move Republic only provides the possibility to exchange reward points and transmits the necessary information for fulfillment. Information about the entity responsible for a given Reward is indicated each time in the Service next to that Reward.

Responsibility for implementing the support of a charitable purpose selected by the User rests with Move Republic. Move Republic provides the User, in the manner set out in Section 3.2, with information about supporting the selected charitable purpose and the number of reward points redeemed for that purpose.

In addition to the reward points used to exchange for a Reward, the User is obliged to pay taxes (e.g. VAT)as well as any additional fees (e.g. shipping costs). These may be covered with the reward points held. Information about the amount of additional costs is provided in the Service. Reward points do not grant the User any right to monetary claims; payment of cash for earned reward points or receiving cash in exchange for them is excluded.

Claims for the granting of Rewards against other Users and/or Partner Entities are excluded.

5.3. No transferability and trading in reward points / abuse

Selling, exchanging, offering at auction or otherwise transferring reward points to third parties is prohibited unless such action occurs with Move Republic's consent. It is also prohibited to broker the purchase or sale of reward points, or to acquire and use reward points obtained as a result of the above actions. A User acts improperly if the actions breach the above rules.

In the event of attempts by the User to misuse reward points, Move Republic has the right to refuse to redeem such points, in particular their exchange for Rewards. In addition, Move Republic reserves the right to terminate the contract in accordance with Section 8 and to pursue further claims against the User, including damages. If the abuse concerns a Reward already received by the User, Move Republic has the right to determine its gross monetary value and charge it to the User committing the breach. Move Republic may also claim damages in the event of abuse for which the User is responsible. This also applies where, as a result of abuse or improper conduct, the User uses more reward points than follows from the balance on the User account, and consequently a negative points balance arises on the User account. In all cases, the User has the right to prove that the damage suffered was lower.

5.4. Expiry of reward points

If reward points are not exchanged for Rewards or allocated to charitable purposes within 36 months of being credited to the User account, they expire at the end of the following month, unless Move Republic announces longer validity periods in the Service. Move Republic informs the User of the expiry date and the number of reward points concerned, usually one month before that date. However, Move Republic is not obliged to do so.

5.5. Tax obligations

The User is responsible for fulfilling any tax and customs obligations arising from, or related to, the User's use of the Service and, in addition to timely filing appropriate declarations with tax authorities, must also make the relevant payments in the amount due by the payment deadlines.

5.6. Expiry of the right to use the Service; validity of reward points

5.6.1. The User's right to use the Service ends when:

i. the User terminates the agreement with Move Republic or deregisters from the Service, or

ii. Move Republic (unilaterally) withdraws the User's right to use the Service, or

iii. Move Republic terminates the entire contractual relationship with the User.

5.6.2. Move Republic may withdraw the User's right to use the Service, in particular if the User is in arrears with payment of the fee due for use of the paid additional services or a material part thereof. The same applies to the right to use a Partner Program if Move Republic terminates the agreement for reasons attributable to the Partner Entity. The User participating in a Partner Program acknowledges that the Partner Entity decides on the rules and on Users' eligibility to participate in a given Partner Program. The Partner Entity may provide Move Republic with information about specific Users who, according to the Partner Entity, are not eligible to participate in the Partner Program. In such a case, Move Republic may block the User's participation in that Partner Program (in whole or to the extent indicated by the Partner Entity). The User acknowledges that clarification of the reasons for lack of eligibility to participate in the Partner Program, including any appeal or supplementation of data, takes place directly with the Partner Entity.

5.6.3. Upon the effective date of termination or deregistration from the Service, the User loses the right to participate in all programs/Partner Programs.

5.6.4. Reward points earned by the User remain valid for 12 months after expiry of the right to use the Service, unless earlier expiry occurs in accordance with Section 5.4.

6. Fees and payments

Move Republic may offer Users various paid additional services within the Service, for which the User pays - using the available payment system - the fee required when ordering such services.

The User selects the relevant paid additional service in the Service and then initiates the purchase process. In doing so, the User makes an offer to Move Republic. An independent, legally regulated payment services company (the "payment service provider") handles the technical processing of payments between Move Republic and the User; payment processing is also subject to the payment service provider's terms of use and data protection policy. In the case of direct debit, the User bears the costs incurred by Move Republic due to insufficient funds in the User's bank account. If the User is in arrears with payments, Move Republic reserves the right to withhold its contractual performance. The identity of the payment service provider and, for the given payment method, the applicable terms and privacy policy are provided to the User in each case during the purchase process before the order is placed.

7. Move Republic's liability

7.1. Service availability

7.1.1. The Service is available 24/7. Move Republic makes every effort to ensure availability at the level of 98 percent per month. This level does not include periods of temporary unavailability caused by routine or necessary maintenance, creation of data backups or update activities. The availability level also excludes downtime resulting from insufficient technical conditions on the User's side; failures in the general telecommunications infrastructure; downtime for which data transmission providers are responsible; or downtime resulting from force majeure.

7.1.2. The User acknowledges that errors or downtime may occur when using software, computers and telecommunications systems. Move Republic therefore provides no guarantee as to the continuity, security or error-free operation of the Service. In particular, Move Republic shall not be liable if data from sports facilities, Partner Entities or external sources cannot be processed or stored due to technical issues. This shall apply without prejudice to mandatory statutory liability and without prejudice to the mandatory rights of consumers, in particular under the provisions on digital content and digital services (including the remedies available in the event of non-conformity).

7.2. No liability of Move Republic for content posted by Users or third parties

7.2.1. Move Republic is not liable for content posted, published or otherwise made available to others by Users or third parties, nor is it the publisher of such content. This applies in particular to training plans, activity data collected by sports facilities from the User, or links to third-party platforms. Move Republic exercises due care, but cannot completely rule out that content posted by Users or third parties may be offensive and/or objectionable and/or inaccurate, infringe third-party rights, cause damage to the User's computer or network, or be illegal or unlawful.

7.2.2. If health-related content (e.g. training plans, etc.) is made available to the User within the Service, the User must strictly follow the instructions and guidelines contained therein, otherwise there is a risk of injury and/or harm to health. In addition, the User must comply with the health-related guidance set out in Section 2.7. In the event of discrepancies or contradictions between health guidance and instructions or tips provided within the Service, the precautionary principle applies. If the User uses aids or devices for exercise and training, the User is responsible for ensuring that such aids and/or devices function properly and have been correctly installed or set up.

7.3. Move Republic's liability for damage suffered by the User

7.3.1. Move Republic is liable to the User in accordance with statutory provisions for intentional or grossly negligent acts or omissions by Move Republic.

7.3.2. In the event of slight negligence, Move Republic is liable only for damage suffered by the User that can be attributed to material breaches of obligations that jeopardize achieving the purpose of the contract or the fulfillment of which is a prerequisite for proper performance of the contract. Liability is limited to foreseeable damage typical for the contract. This applies to all claims for damages, regardless of legal basis, including claims arising from tort.

7.3.3. The limitations of liability do not apply in cases of mandatory legal liability (for example under product liability law), in the event of damage resulting from injury to life, body or health, or in the event of damage covered by a guarantee granted by Move Republic. To the extent that Move Republic's liability is excluded or limited, this also applies to the personal liability of Move Republic's employees, staff, collaborators, representatives and persons acting on its behalf.

8. Termination of the contract

8.1. User's right to terminate the contract

The User has the right to terminate the agreement concluded with Move Republic for use of the Service at any time by closing the User account or by terminating the agreement in text form (including e-mail). Section 3.3 of the Terms applies to closing the User account. If the contractual relationship is terminated during the current billing period, the fee for use of the paid additional service paid by the User in accordance with Section 6 is non-refundable, except where:

i. termination occurred for reasons attributable to Move Republic (including if the paid additional service is discontinued), or

ii. the User is entitled to a refund under mandatory provisions of law (in particular in the event of non-conformity of the Service with the contract).

In the cases referred to in the preceding sentence, Move Republic will refund the User the due part of the fee proportionally to the unused period of provision, provided that applicable law provides for such an effect.

The User is prohibited from using the Service or making it available to third parties after termination of the agreement.

8.2. Move Republic's right to terminate the contract

Move Republic is entitled to terminate the contract with the User (in whole or in part – in particular with respect to the right to participate in a Partner Program) in text form (including by e-mail) with a 1-day notice period, with effect at the end of the day following the day on which the termination notice is received. Termination under this Section does not apply to cases where termination with immediate effect may be made under Section 8.3.

If, on the date of termination, the User has any active paid additional service, its continued provision and any settlement shall take place in accordance with the purchase terms of the relevant additional service and mandatory provisions of law. In the event of termination by Move Republic of the contract with respect to a paid additional service for reasons not attributable to the User, the fee for the unused period shall be refunded on a pro rata basis, unless mandatory provisions of law provide for a different legal consequence; if termination by Move Republic of the contract with respect to a paid additional service occurred for reasons attributable to the User, in particular in connection with a material breach of the Terms or applicable law, the User shall not be entitled to a refund of the fee for the unused period, unless mandatory provisions of law provide otherwise.

8.3. Termination for good cause

Both parties have the right to terminate the agreement for good cause. In the event of serious breaches of the Terms by the User, Move Republic is entitled to terminate the agreement with immediate effect after first requesting the User to cease breaching the Terms - unless applicable legal provisions relieve Move Republic of this requirement.

8.4. Notice of termination of the agreement

Termination of the agreement by Move Republic is usually sent by e-mail to the address linked to the User account. In this respect, the provision in Section 3.2 of the Terms applies.

9. Withdrawal from the contract and from contracts relating to paid additional services

9.1. Right of withdrawal

The User has the right to withdraw from the contract and from contracts relating to paid additional services within fourteen days from the date of conclusion of the contract without giving any reason.

To exercise the right of withdrawal, the User must inform Move Republic of the decision to withdraw from the contract by an unequivocal statement. The User must send the statement to the following address:

Move Republic GmbH

Poststr. 14-16

20354 Hamburg, Germany

cr@moverepublic.com 

To meet the withdrawal deadline, it is sufficient that the notification of exercising the right of withdrawal is sent before the expiry of the withdrawal period.

9.2. Effects of withdrawal

If the User exercises the right of withdrawal, Move Republic will reimburse the payments received no later than fourteen days from the day on which Move Republic received the withdrawal statement. The reimbursement will be made using the same means of payment that the User used for the purchase, unless expressly agreed otherwise; in no event will the User incur any fees as a result of withdrawal.

9.3. Expiry of the right of withdrawal

Move Republic informs the User that the right to withdraw from the contract may expire if: (i) the User requests the commencement of the provision of paid additional services or the delivery of digital content before the end of the withdrawal period, and (ii) the User acknowledges that, once the provision of paid additional services or delivery of digital content has commenced, the User will lose the right to withdraw – in accordance with the provisions of mandatory legislation. By purchasing in the manner referred to in Section 6, the User requests and agrees that Move Republic will begin providing the selected paid additional service or delivering digital content before the deadline for withdrawal, and acknowledges the resulting loss of the right to withdraw, as provided for by mandatory legal provisions.

9.4. Value refund

If the User requests that Move Republic start providing the paid additional services before the end of the withdrawal period, and the User then withdraws from the contract, the User shall pay Move Republic an amount proportional to the extent of the paid additional services provided up to the time Move Republic received the User’s withdrawal statement, unless mandatory law provides otherwise.

10. Final provisions

10.1. Provision of the Service is subject to the Terms in force at the time of using the Service. If the User has a User account and is not unduly disadvantaged by the change, Move Republic may amend the Terms in whole or in part at any time for the following material reasons: legal or regulatory reasons; security reasons; to further develop the Service or improve usability (including adding new features); and to take into account technological progress, implement technical fixes and ensure proper functioning of the Service in the future. In the event of an amendment to the Terms, Move Republic will notify the User sufficiently in advance and inform the User of the User’s rights.

10.2. If any provision of the Terms proves invalid, void or for any reason unenforceable, this does not affect the validity of the remaining provisions. The invalid, void or unenforceable provision will be replaced or interpreted in such a way as to achieve, to the greatest extent possible, the intended purpose consistent with the objective of that provision.

10.3. German law shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG)and conflict-of-laws rules. For all matters relating to Move Republic, the courts of the judicial district of Hamburg shall have exclusive jurisdiction, insofar as this is permissible and subject to mandatory consumer rights. In particular, with respect to a User who has no place of jurisdiction in Germany or in another EU Member State, or who, after these Terms enter into force, transfers their permanent place of residence to a country outside the EU, or whose place of residence or current place of stay is unknown at the time the claim is filed, Hamburg shall remain the place of jurisdiction. If the User is a consumer resident in the EU, they also benefit from the protection afforded by the mandatory provisions of the law of their country of residence. The User may pursue claims in connection with these Terms arising from consumer protection rules both in Germany and in the EU Member State in which they reside.

10.4. Move Republic does not intend and is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.