Terms and Conditions

General Terms and Conditions for
contracts via the MATS app and MATS platform

As of: August 2025 (V5)

Preamble

The operator of the MATS platform is MATS GmbH, Max-Ernst-Straße 4, 50354 Hürth, represented by its managing directors Frederik Martin, Dr. Sebastian Rösler, and Jens Seidel (hereinafter referred to as the "Provider"). The Provider provides an online service (hereinafter referred to as the "MATS Platform") and an application for mobile devices (hereinafter referred to as the "MATS App") for athletes and coaches (hereinafter referred to as "Coach") via its website www.mats.coach, as well as an application for mobile devices (hereinafter referred to as the "MATS App") for athletes and trainers or coaches (hereinafter referred to as "Users" or "Customers"), which athletes can use to plan and manage their training, receive performance diagnostics, and communicate with trainers or coaches. Via the MATS app and MATS platform, users have the option of purchasing or ordering individual products or services, in particular training plans and performance diagnostics, and of purchasing additional functions as part of a paid subscription. Trainers also have the option of offering training plans to other users via the provider on the MATS app and MATS platform. The following terms and conditions govern purchases and other contracts between the provider and users or customers (hereinafter individually/collectively also referred to as "party" or "parties") via the MATS app and MATS platform. Note: Certain features of the platform (e.g., adaptive training plans, performance predictions, AI coaching support) are provided by AI services from our partners Svexa Sweden AB and Silicon Valley Exercise Analytics Inc.

§ 1 Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between the Provider and the User or Customer via the MATS app or MATS platform.

1.2 All contracts concluded between the Provider and the Customer via the MATS platform or MATS app are governed exclusively by the provisions of these GTC in the version valid at the time of the order or offer by the Customer.

1.3 Any deviating general terms and conditions of the customer shall not become part of the contract and are hereby rejected by the provider, unless and to the extent that the provider has expressly agreed to their validity in writing.

§ 2 Identity and contact details of the Provider

2.1 The contact details of the Provider are as follows:

MATS GmbH
Branch address: Max-Ernst-Straße 4, 50354 Hürth
Phone number: 0176 81119190
Email address: support@mats.coach

2.2 Further information about the provider can be found in the legal notice on the website at the URL address https://mats.coach/de/imprint-de/.

§ 3 General Terms of Use for the MATS app/MATS platform

3.1 In addition to these General Terms and Conditions, the provisions of the provider's General Terms of Use for the use of the MATS app and the MATS platform apply, in particular for the registration and creation of a user account.

3.2 The provider's current General Terms and Conditions of Use are available at the following URL address: https://mats.coach/de/eula/

§ 4 Conclusion of contract, ordering process, and payment methods

4.1 The services offered by the Provider via the MATS Platform or MATS App can only be purchased by customers who have previously registered as users with a user profile on the MATS App/MATS Platform.

4.2 To place an order, the user must first navigate to the purchase area in their user profile (shop). To do this, they must select "More" in the function bar of the MATS app or MATS platform. This will take them to the "More functions" area. Users can purchase the provider's services via this area:

Under the "Shop" category, the user can click on the "Diagnostics" button to access the order area for performance diagnostics and start the ordering process. During the ordering process, the user is asked to provide certain information about their athletic performance, which is necessary to create a performance diagnostics. If the user is logged in via their user profile on the MATS platform, they can access the training plan offers via the "Training plan shop" button and start the ordering process.
Under the "User settings" category, the user can access the order area for purchasing an upgrade to their user profile via the "Subscription" button, which offers them additional usage options and functionalities for their user profile (hereinafter: "Premium subscription").

4.3 If the user completes the order process via the MATS app, they will need an account with "Google Play" to select a payment method and complete the order process in order to use the "Google Pay" payment system of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (hereinafter referred to as "Google") or an account with the "App Store" to use the "Apple Pay" payment system of Apple Distribution International, Hollyhill Industrial Estate, Cork, T23 YK84, Ireland (hereinafter referred to as "Apple"). The user can select a payment method or payment service via the respective payment system during the ordering process. To do so, they must add a payment method or payment service to their account during the ordering process if they have not already done so. This will redirect them to Google or Apple. The following payment methods or payment services are supported by Google and Apple: payment via mobile phone bill, credit or debit card, paysafecard or gift card (voucher code) from Google/Apple, Klarna and PayPal. The user can obtain further information about the respective providers from Google/Apple if they wish to add a payment method to their account. In the case of Google Pay, the user makes a binding request to purchase/acquire the selected service by selecting the "1-click purchase" button (hereinafter: "order"). In the case of Apple Pay, the order is placed by selecting the "Buy" button.

4.4 If the order process is carried out by the user via the MATS platform, payment will be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). To select the payment method or payment service, the user will be redirected to a page of Stripe. There, they can select the payment method and enter the required information. Payment can be made by credit card (VISA, Mastercard, American Express, Discover Card), giropay, iDEAL, eps transfer, and Bancontact. To place a binding order via the MATS platform, the user must select the "Pay" button after specifying the payment method or payment service.

4.5 During the ordering process and before submitting the order, the user can change their details at any time and use the "back" and "continue" buttons to return to the previous or next section of the ordering process. By clicking on the button displaying the price for the requested service, the user is redirected to the respective payment system (Google Pay, Apple Pay, Stripe), but can cancel the order process at any time until the order becomes binding and return to the previous buttons. In the case of Stripe, the user can click on the arrow in the upper left corner to be redirected back to the MATS platform or close the tab/browser. In the case of Google Pay and Apple Pay, they can simply close the Google Pay or Apple Pay display by clicking on the "X" symbol. Before submitting their order, the user will have another opportunity to review and correct the information they have provided during the ordering process in a confirmation window.

4.6 The order can only be submitted and transmitted if the user accepts these terms and conditions by clicking on the box next to "Accept Terms and Conditions" and thereby includes them in their order. The user must also confirm that they have read and understood the privacy policy of the MATS app or the MATS platforms by clicking on the box next to "Privacy policy acknowledged."

4.7 Upon receipt of the application or order, the provider will send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email, the contract text (consisting of the order, the General Terms and Conditions, and the order confirmation) will be sent to the customer by the provider on a permanent data carrier (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.

4.8 The contract is concluded in German or English, at the user's discretion.

4.9 Users can communicate and exchange information with each other via the MATS app and MATS platform. In addition, users as athletes have the option of using the MATS app and MATS platform to obtain sports consulting services from users who operate a user profile as trainers/coaches. The provider is not involved in the legal relationship between the coach/trainer and the athlete as a representative, nor does the provider become a contractual partner in the event of such a contract being concluded between the coach/trainer and the athlete. The customer also undertakes to arrange any paid sports consulting services provided by trainers/coaches and athletes separately, independently, and outside the MATS app and MATS platform.

§ 5 Premium subscription

5.1 If the user has purchased a Premium Subscription for their user profile, they can use extended functions, in particular, the user receives additional statistics and evaluation options, e.g., the option of comparing activities in their training sessions, is not subject to any time or quantity restrictions when planning their training sessions in the calendar in the MATS app or MATS platform, can indicate their availability for any events planned by users, plan events themselves, and view weather forecasts for their location via the MATS app. Users with a Premium Subscription also receive price discounts when purchasing performance diagnostics. An overview of the additional features of the Premium subscription can be found at https://mats.coach/de/athletes/.

5.2 If the user selected the "Trainer" button instead of "Athlete" when registering a user profile (hereinafter: "Trainer Profile"), they will receive additional features via the Premium Subscription. In particular, they can upload training plans for other users and offer them via the Provider via the MATS app or MATS platform in return for payment. Further details are set out in § 8 of these Terms and Conditions. An overview of the additional functions of the Premium Subscription for trainer profiles can be found at https://mats.coach/de/coaches/.

5.3 The monthly Premium Subscription is concluded for an indefinite period. A monthly Premium Subscription can be terminated by either party with one month's notice. An annual Premium Subscription is concluded for a minimum term of one year. Such a Premium Subscription may be terminated within a period of one month before the end of the term. If the annual Premium Subscription is not terminated or is not terminated in due time, it shall be extended for an indefinite period, but may be terminated at any time within one month with one month's notice.

5.4 The right of the parties to terminate a monthly or annual Premium Subscription for good cause and without observing a notice period in accordance with Section 314 (1) of the German Civil Code (BGB) remains unaffected.

5.5 The notice of termination must be made in writing. The customer can use the contact details of the provider in § 2 of these GTC for this purpose. The customer also has the option of submitting the notice of termination via their user profile under "More" and then via the "Subscription" button, provided that they took out the subscription via the MATS platform. If the user has taken out the Premium Subscription via Google Play or the Apple App Store, they have the option of managing their Premium Subscription in the relevant app store. The customer can also submit a notice of termination via a termination button on the MATS website; the customer can access this via the following link: https://mats.coach/cancel-subscription/

§ 6 Services and service provision

6.1 After purchase, the user can view training plans and performance diagnostics in their user profile under "More features" in the "Libraries" category and download them to their own storage media as long as they have a user profile on the MATS app or MATS platform. Certain services are based on AI technologies from Svexa. These AI results are to be understood as recommendations and do not replace medical advice or diagnostics. Users are responsible for checking the recommendations and seeking medical advice if necessary.

§ 7 Prices and payment terms

7.1 The price for purchasing a service via the MATS app or MATS platform is based on the information provided at the time of ordering. All prices stated in the MATS app or on the MATS platform include the applicable statutory value-added tax.

7.2 The price is due immediately, i.e., immediately upon conclusion of the contract, and payable without deduction. In the case of a premium subscription, a monthly fee is payable. The first payment is due upon conclusion of the contract. Subsequent payments for the following calendar months are due on the day of the month that corresponds to the day on which the contract was concluded. If the relevant day does not exist in a month, payment is due at the end of the last day of the month.

7.3 The provider reserves the right to change the prices for its services; the price stated on the MATS app or MATS platform at the time of placing the order for a service shall apply.

7.4 The customer shall be in default if they culpably fail to pay the amounts/partial amounts invoiced by the provider by the due date at the latest. If the due date for payment is determined according to the calendar, the customer shall be in default simply by missing the deadline. During the period of default, we shall be entitled to charge default interest at a rate of 5 percentage points above the base rate for the year. The Customer's obligation to pay default interest shall not preclude us from asserting further claims for damages caused by the default.

§ 8 Offering training plans via trainer profile

8.1 Users with a Premium subscription can offer training plans for sale to users via the MATS app or MATS platform using a trainer profile as defined in Section 5.2. In addition to the trainer profile, the user also needs an account with the payment service provider Stripe (see Section 4.4 of these Terms and Conditions). They must create this via the MATS app by selecting the "Stripe" button under "More" in "Company." The current terms of use of Stripe can be found at this link: https://stripe.com/at/legal/consumer.

8.2 Sales to other users are carried out by the provider in their own name. Upon sale, the user of the trainer profile receives a share of the purchase price amounting to 70 percent of the net sales price. The provider receives the remaining amount as commission.

8.3 A contract between the user of the trainer profile and the provider is concluded as follows:

8.4 The contract is concluded in German or English, at the user's discretion.

8.5 Payment to the user of the trainer profile shall be made no later than 3 days after the sale of a training plan by the provider. The user can track the fact and time of the sale within their account with the payment service provider Stripe. The provider transfers the corresponding payment amount to the user's account with the payment service provider Stripe. It is the responsibility of the user, in accordance with Stripe's terms of use (see Section 8.1 of these Terms and Conditions), to maintain the account in such a way that Stripe can make the corresponding payment from the provider to the user.

8.6 The user may only offer training plans that comply with the medical and sports science standards and findings known to them at the time of submitting the offer or that should have been known to them in view of an existing or previous profession in the field of sports and/or medicine and/or based on their own previous non-professional activity as a trainer or athlete. Notwithstanding this, the training plan must be designed in such a way that, from the perspective of an average informed and reasonable third party without any special knowledge in the medical or sports field, following the training plan does not lead to permanent health impairments for a physically healthy athlete/sportsman that go beyond the actual training load. In particular, the user may not make prohibited substances and methods, e.g. for performance enhancement, the subject of the training plan or recommend them.

§ 9 Warranty, guarantee

9.1 The statutory provisions, in particular §§ 434 ff. BGB and §§ 327 ff. BGB, apply.

9.2 The provider does not make any further representations or guarantees with regard to its services.

§ 10 Liability and limitations of liability

10.1 The provider shall be liable without limitation if the cause of the damage is based on intent or gross negligence. Furthermore, the provider is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you regularly rely. In this case, however, the provider is only liable for the foreseeable damage typical for this type of contract. The provider is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

10.2 The above limitations of liability do not apply in the event of injury to life, limb, or health, for a defect after assumption of a guarantee for the quality of the product, and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

10.3 Insofar as the liability of the provider is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

10.4 MATS remains the sole contractual partner of the users. Svexa acts exclusively as a technical service provider. MATS does not guarantee the accuracy, completeness, or correctness of content generated by AI.

§ 11 Disclaimer

11.1 The Provider is not liable for the accuracy and completeness of the information/data provided to the Provider by the User or by manufacturers of devices or providers of apps/interfaces. Furthermore, the Provider is not liable for the recording of data by aids, smart devices, or training devices.

11.2 The provider is also not responsible for data, offers, and content from third parties and those offered on other websites that can be accessed via the MATS app and MATS platform.

11.3 In addition, the provider provides the MATS app and MATS platform and all functions without any guarantee as to their suitability for a particular purpose. The customer is solely responsible for the design of their training, competitions, and overall behavior.

11.4 The provision of the MATS app and MATS platform and their content does not constitute medical services or medical advice. The customer must consult a doctor before or during the use of the provider's services if there is any suspicion that the use of the content provided by us could lead to damage to health.

11.5 MATS remains the sole contractual partner of the users. Svexa acts exclusively as a technical service provider. MATS does not guarantee the accuracy, completeness, or correctness of the content generated by AI.

§ 12 Data protection

12.1 Information on how the personal data of users and customers is handled on the MATS app and MATS platform and in the context of the provision of services by the provider can be found in the provider's privacy policy at the following URL address: https://mats.coach/de/privacy-policy-app/.

12.2 MATS processes personal data in accordance with the GDPR. This also includes health data within the meaning of Art. 4 No. 15 GDPR (e.g., heart rate and sleep data), insofar as users provide this. In order to provide certain AI-supported functions, MATS transfers data to Svexa Sweden AB (Sweden) and Silicon Valley Exercise Analytics Inc. (USA). The transfer to the USA is carried out exclusively on the basis of appropriate safeguards, in particular EU standard contractual clauses in accordance with Art. 46 GDPR.

12.3 Consent to the processing of health data: By activating the AI functions, the user expressly consents to their health data (e.g., heart rate and sleep data) being processed by MATS and transferred to Svexa for this purpose (Article 9(2)(a) GDPR). Consent may be revoked at any time with future effect (MATS reserves a period of 28 days for deletion). Revocation has no effect on the remaining use of the platform, but may limit the functionality of AI-based features.

§ 13 Intellectual property and rights of use

13.1 The Provider is the owner of all rights to the MATS app and MATS platform, in particular to the programming and data contained in the Provider's services. The same applies to the design and layout of the MATS app and MATS platform and all design drawings and other drawings, product and service names in this context. Trademarks, protected designs or other works belonging to the provider may not be used, reproduced, distributed, made publicly available or otherwise exploited for other purposes without the provider's consent.

13.2 The user acquires a simple and non-transferable right of use to the content/features accessed on the MATS app and MATS platform. The right of use entitles the user to download the provider's content and services to their end device and to use them. It is limited to the period of use agreed for the respective content. In particular, the right to use content ends with the termination of use of the MATS app and MATS platform and/or deletion of the user profile or with the termination of subscriptions at the end of the subscription period. Upon deletion of the user account by the customer, all content posted by the customer and records will also be deleted by the provider. In this case, the customer also loses the right to access content and services already purchased via the MATS app and MATS platform.

§ 14 Right of withdrawal and cancellation policy

14.1 If you, as a customer or user, are a consumer within the meaning of § 13 BGB (i.e., a natural person who places the order for a purpose that cannot be attributed predominantly to your commercial or independent professional activity) and the right of withdrawal has not expired (see the last paragraph of this section below), you are entitled to the statutory right of withdrawal described below:

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (MATS GmbH, Max-Ernst-Straße 4 in 50354 Hürth, phone number: 0176 81119190, email address:support@mats.coach ) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of withdrawal

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

If you have requested that the services should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with respect to this contract in comparison to the total scope of the services provided for in the contract.

If you have indicated on the MATS platform that the contract should be performed before the expiry of the withdrawal period, you acknowledge and agree that your right of withdrawal expires.

- End of the withdrawal policy -

14.2 The provider shall inform you of the model withdrawal form in accordance with the statutory provisions as follows:

Sample withdrawal form

If you wish to withdraw from the contract, please fill out this form and send it back.

To
MATS GmbH
Max-Ernst-Straße 4
50354 Hürth

Phone number: 0176 81119190
Email address: support@mats.coach

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

________________________________________

________________________________________

Ordered on (*) ___________ /received on (*) ___________

________________________________________
Name of consumer(s)

________________________________________
Address of the consumer(s)

________________________________________
Signature of consumer(s) (only if notification is made on paper)

________________
Date

(*) Delete as applicable

§ 15 Final provisions

15.1 Contracts between the provider and the customer/user are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favor).

15.2 The place of performance for all services arising from the contracts concluded between the Provider and the Customer/User and the place of jurisdiction shall be the Provider's place of business, unless the Customer is not a consumer within the meaning of § 13 BGB (German Civil Code), but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if the customer does not have a general place of jurisdiction in the Federal Republic of Germany or the European Union or if their place of residence or habitual residence is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

15.3 Should individual provisions of these General Terms and Conditions be or become invalid and/or contradict statutory provisions, this shall not affect the validity of the remaining provisions of the General Terms and Conditions. The invalid provision shall be replaced by the contracting parties by mutual agreement with a provision that comes closest to the economic purpose of the invalid provision in a legally effective manner. The above provision shall apply accordingly in the event of loopholes.

15.4 The EU Commission provides an internet platform for online dispute resolution ("ODR platform") at https://ec.europa.eu/consumers/odr/. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales contracts. The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.