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Terms & Conditions

Last updated: 2026-05-15

This English version is provided for convenience only. The legally binding version is the German original.

§1 — Scope

These Terms & Conditions ("Terms") govern the use of the FitUrbia platform operated by Michael Kurenkov, Moislinger Allee 13, 23558 Lübeck, Germany ("Provider", "we", "us"). Conflicting terms of the user are not recognised unless we expressly agree to their application in writing.

§2 — Service Description

FitUrbia is a community platform enabling sports-minded users to discover training spots, organise sports activities and groups, create crew connections via QR code, and communicate via real-time chat. The scope of services includes in particular: - Discovering and creating sports locations on an interactive map; - Planning, joining and managing sports activities and recurring groups; - Crew connections, direct messages and group chats; - Saving spots, uploading photos, ratings and community feedback; - Reporting illegal or rule-violating content and moderation processes; - Push and in-app notifications about relevant activities. Use of the platform is currently free of charge. We reserve the right to offer certain features on a paid basis in the future; paid offerings will be clearly marked as such and will be subject to separate terms.

§3 — Contract Conclusion and Registration

The usage contract is concluded through successful registration and email verification. The user warrants that they are at least 18 years of age and that the registration data is truthful and complete. Only one account per person is permitted. Sharing access credentials with third parties is prohibited. The user is obliged to keep their password secure and to notify us immediately in case of suspected compromise.

§4 — User Obligations

The user agrees to use the platform solely in accordance with applicable law and these Terms. In particular, the user may not: - post illegal, offensive, discriminatory, violent, pornographic, or youth-endangering content; - harass, stalk, or threaten other users; - use false identities or impersonate other persons; - share crew QR codes without the affected person's consent, scan them automatically, or misuse them to create unwanted contacts; - send unauthorised commercial offers, advertising, or spam; - disrupt the platform's technical infrastructure, perform automated queries, scrape content, or circumvent security mechanisms; - infringe third-party intellectual property, personality or data protection rights; - upload photos in which identifiable persons are the main subject without the required consent; - post content about locations without the consent of those entitled, where required by applicable law.

§5 — User-Generated Content and License Grant

The user retains ownership of all submitted content. By submitting, the user grants us a simple, non-exclusive, free-of-charge license, limited in territory and time to the duration of publication within the platform, to display, reproduce, store, and technically modify (e.g. image scaling, cropping, removal of EXIF metadata) such content on the platform and in its preview representations (maps, lists, search results, profiles, push notifications, emails). The user warrants holding all necessary rights to the submitted content and that submission does not infringe third-party rights. For community content with lasting value to other users (e.g. verified spots, ratings or photos), we may remove the personal link upon account deletion and continue displaying the anonymised content unless overriding rights prevent this. The user indemnifies us against all third-party claims arising from a breach of this warranty for which the user is responsible.

§6 — Prohibited Use, Enforcement

We reserve the right to take appropriate measures in case of violations of these Terms or applicable law. Possible measures include: (a) removal of individual content, (b) a warning, (c) temporary suspension of the account, (d) permanent deletion of the account, (e) restriction of individual features such as uploads, chats or crew connections. When choosing the measure we consider, in line with Art. 14 DSA, in particular the severity of the violation, whether it is a repeat offence, whether the violation was intentional and the impact on other users. Manifestly unlawful content (e.g., hate speech, harassment, copyright infringement, spam) may be removed without prior notice. Where legally required, affected users receive a statement of reasons for the decision (Art. 17 DSA) and the option to appeal informally by email to contact@fiturbia.com within six months (Art. 20 DSA).

§7 — Notices of Illegal Content (Art. 16 DSA)

Any person — including without a user account — can report unlawful content to us via our public reporting form. The notice should include the affected content (URL, content type or description), the reason for the report, and a contact address for follow-up questions. To protect against abuse, the public form uses Cloudflare Turnstile and rate limits. We handle notices promptly and with due care according to the circumstances; as a rule, we decide within seven days. Reporters receive an acknowledgement or statement of reasons where a contact address is available. Affected users receive a statement of reasons where legally required and where we can identify them with reasonable effort; DSA remedies remain unaffected.

§8 — Liability

We are liable without limitation for intent and gross negligence and for damage arising from injury to life, body or health. In the event of slightly negligent breaches of essential contractual duties (cardinal obligations), our liability is limited to foreseeable damage typical for this type of contract. Essential contractual duties are duties whose fulfilment is necessary for the proper performance of the contract and on whose observance users may regularly rely. Otherwise, liability is excluded to the extent permitted by law. The above limitations of liability also apply in favour of our legal representatives, employees and vicarious agents. Any mandatory statutory liability, in particular under the German Product Liability Act, remains unaffected. FitUrbia is not liable for users achieving any particular sporting, health, social or organisational success through use of the platform. Sports activities are planned and conducted by users on their own responsibility. FitUrbia is neither organiser, trainer, nor supervisor. Users are responsible for checking their health suitability, equipment, weather, location and safety conditions.

§9 — Indemnification

The user indemnifies us against all third-party claims arising from the user's breach of §4, §5, or other statutory provisions, including reasonable legal defence costs.

§10 — Term and Termination

The usage contract is concluded for an indefinite term. Either party may terminate at any time with immediate effect without stating reasons. The user may delete their account at any time in the account settings. The right to extraordinary termination for good cause remains unaffected. For us, good cause exists in particular in the event of material or repeated violations of these Terms.

§11 — Changes to These Terms

We reserve the right to amend these Terms with effect for the future. Material changes — in particular changes affecting the main service, data protection, liability, or the user's obligations — will be communicated by email at least four weeks before they take effect and will only become effective after your express consent (e.g., by clicking a confirmation button). If you do not consent, you may terminate the contract without notice; until consent is given, the previous Terms continue to apply. Editorial changes without substantive impact will take effect with reasonable advance notice.

§12 — Applicable Law, Jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the user's country of habitual residence remain unaffected. The place of jurisdiction is, where legally permissible, Lübeck. For consumers, statutory jurisdiction rules apply.

§13 — Severability

If any provision of these Terms is or becomes invalid in whole or in part, the validity of the remaining provisions is not affected. The invalid provision is replaced by the applicable statutory regulation.

§14 — Consumer Dispute Resolution

We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).