On the basis of these Terms of Service (ToS) origins between the customer and Aerotune GmbH, represented by Sebastian Schluricke, CEO
Address: Aerotune GmbH, Twedter Feld 28G, 24944 Flensburg, Germany
Tel: +49 (0) 461 31545477
Commercial Register: Flensburg
Commercial register number: HRB 12004
Sales tax identification number: DE309237761
, hereinafter referred to as provider, the following contract.
This agreement governs the sale of aerodynamic measurement, analysis and optimization services to cyclists through the provider’s online platform, aeroDATA. Regarding the details of the offer and the services for the respective forms of the subscription, reference is made to the product description of the offer page.
(1) The terms and conditions are based on the following definitions:
The aeroDATA combines all other services of Aerotune – aeroTEST, aeroCAST, aeroREV etc. – on a web platform and is used by a freemium, premium monthly or premium annual account of the customer.
b. aeroTEST and aeroCAST
The “aeroTEST” determines the CdA value from the uploaded data and gives a predicted bike split time (aeroCAST).
c. CdA value (wind resistance)
The CdA value means the effective frontal area in the respective position of the cyclist with the material used in relation to the selected distance.
The calculated CdA value is based solely on the data transmitted by the customer. In spite of the use of the most recent algorithms, it represents only an approximation to the actual CdA value. The accuracy of the determined value depends, among other things, on the selected route, the wind conditions, the strength of the GPS signal and the technically correct acquisition of the power meter of the third party.
d. Bike Split
The predicted bike split is a guideline calculated using current algorithms. This is based on a constant wattage and compliance with the underlying cycling equipment and seating position. Actually, occurring deviations of these recorded parameters lead on the respective competition routes to corresponding deviations of the respective bike split.
e. Test Methods
The test is possible in two different scenarios
In order to carry out both scenarios of the “aeroTEST”, it is necessary to transfer special data records by the customer to the provider, which is done automatically by the customer on the aeroDATA platform, the data being collected by a power meter with a third-party GPS system Data acquisition via GPS system and power meter is to be ensured by the customer during the measurement.
The data records sent by the customer contain all data necessary to calculate the CdA value and the forecasted times.
The data records are to be transmitted by the customer as a “fit” file to the provider.
All analyzes are automatically created on the platform and displayed to the customer in their profile.
Transmission shall mean the transmission of the records using only electronic means of distance communication. The transmission takes place by means of uploading the data records by the customer to the provider.
g. Power Meter / GPS signal
A power meter enables you to record the power in the selected seat position with the respective wheel equipment. The distance cycled, and the speed are determined using the GPS signal.
h. System weight
In addition to the recorded data of the power meter and the GPS signal, the system weight must be communicated to the Aero test. The system weight is the combined weight of the equipment used and the weight of the customer in kilograms.
(3) The provider reserves the right to change these terms and conditions, in particular as required by the necessary updates and statutory requirements. The customer has the opportunity at any time to consult the current version of the Terms and Conditions via the website www.Aerotune.com. Prior to each contract assignment, the customer is also given the opportunity to take note of the current business conditions by clicking on the relevant link during the order placement. In the course of the “click and accept” procedure, the customer confirms the acquaintance of the terms and conditions by clicking on a non-pre-filled button separately for each order assignment.
(1) The contract is concluded in electronic commerce via the online web platform aeroDATA. The illustrated subscription models represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept. The order process for concluding the contract includes the following steps on the platform:
By sending the order / registration confirmation, the contract is concluded.
(2) By registering the “aeroDATA”, accesses or use of the website, only the terms and conditions of the provider apply, even if the use or access is from outside the Federal Republic of Germany. By subscribing to the subscription, these terms and conditions are accepted and are part of the service contract. This comes about only by separate confirmation of the order by the provider.
(3) In the event of doubts as to the correctness of the customer’s entries made during the placing of the order, the provider may demand proof of the information, in particular by submitting official documents. Until proof of the accuracy of the entries made, the provider is not obliged to carry out the commissioned aeroTEST.
(1) The contract will run for the specified period of the selected subscription period. The membership ends automatically after this period and the account is reduced to the model of the freemium account. The customer is responsible for an independent, timely renewal of the subscription independently. The total price for the services of the premium model “monthly” during the contract period is 9,90 €. The total price for the services of the premium model “annually” in the contract period is 99,- €.
(1) The Provider reserves the right to provide a service of equivalent quality and price, e.g. through the manual evaluation of test data, which are sent by e-mail. The performance shown in the shop is exemplary and not the individual, contractual service. The provider reserves the right not to provide in the case of unavailability of the promised service.
(2) Calculations (CdA-Values) provided by the provider are not product specific buying recommendations. They are solely calculations based on the test data provided by the customer.
Duties of the provider
(1) The provider provides the service offered by the “aeroDATA”. Anytime accessibility and availability of the website is not owed by the provider. In particular, due to technical maintenance, the website and the service offered may be temporarily unavailable. Claims of the customer against the provider do not arise from this.
(2) The provider reserves the right to change, limit or discontinue the services offered at any time. A legal claim of the customer for anytime availability of the services of the provider does not exist.
(3) After submitting the data records in the permitted file formats, the provider undertakes to carefully examine the data. This includes, in particular, a check as to whether the data records are undamaged and technically compatible with the evaluation software. If the transmitted data records are not usable, the provider will, at its discretion, contact the customer once by e-mail and ask for the transmission of new and undamaged data records in order to repeat the “aeroTEST” free of charge. There is no legal claim to a second implementation of the “aeroTEST” after transmission of incorrect data records.
(4) The Provider will calculate the calculation of the CdA value and the predicted time using the most up-to-date algorithm available and will examine and validate the result to the best of its knowledge and belief.
Obligations of the customer
(1) The customer is obliged to provide correct information when using the website and the services offered. This includes in particular the inputs that are necessary for the implementation of the “aeroTEST”. The customer must use his real name, official registration address and the correct contact details. In particular, the use of aliases and incorrect contact data is not permitted. In the case of demonstrably incorrect information, the provider reserves the right to refuse to carry out the “aeroTEST” and to initiate any legal action.
(2) The customer undertakes to transmit only those data records which he is legally authorized to transmit. In particular, the customer declares when placing the order that the data sets transmitted by him may be used by him in legal relations and that there are no third-party copyrights or usage rights to these data records. The customer assures that the data sets created have not been manipulated by him or otherwise processed, in particular contain no malware. Each customer can only submit their personal records. The transmission of data records of third parties by a customer is not permitted. The provider is not obliged to check the data provided by the customer for inadmissible content or violation of third party rights.
(3) The customer will not edit or change the provider’s website and digital services. In particular, the customer undertakes not to compile, modify, translate, spy on, reproduce or have such or similar activities performed by third parties.
(4) All functions of the “aeroDATA”, the underlying software, the HTML / Java / Flash source codes as well as photos, graphics and contents of the website are subject to the copyright of the provider. The customer acknowledges that the downloading and use of these elements is only permitted for private purposes and in the course of placing an order within the framework of the legal provisions. A distribution, duplication, reproduction, transfer into other file formats, as well as the utilization, the distribution and the publications are inadmissible. The customer undertakes not to read the content and functionality of the website, the “aeroDATA” and the “aeroTEST” by the use of computer programs.
Prices, shipping costs, return costs
(1) The price for the performance of the “aero-test” is expressly displayed to the customer before placing the order. The final price shown includes VAT and all other price components. Shipping and return costs are not due to the digital offer of the service.
Terms of payment
(1) The customer has only the following options for payment: Payment service provider (PayPal). Other payment methods are not offered and will be rejected. Using a fiduciary / payment service provider allows the provider and customer to process the payment between each other. The fiduciary service / payment service provider forwards the payment of the customer to the provider. Further information can be found on the website of the respective fiduciary service / payment service provider.
(2) The invoice amount for the service is due for payment immediately. The respective subscription model will only be activated after receipt of payment.
Set-off and right of retention
(1) The customer is entitled to offset if the counterclaim has been legally established or is not disputed by the provider.
(2) The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
(1) The selected subscription model will be activated immediately upon receipt of the payment.
(1) The customer has access to the current terms and conditions at any time via https://data.aerotune.com. If he wishes a copy of the terms and conditions valid on the contract date, he may contact the seller in this regard (email@example.com) and receive a copy of the company’s stored terms and conditions. The customer can correct errors in the input during the ordering process. In the profile settings, all personal data as well as data relating to the subscription can be changed at any time.
(1) The information, software content and services contained on the website of the provider are provided without warranty and content accuracy. In particular, the provider does not guarantee the technical compatibility of the website with the hardware and software used by the customer. The calculated CdA values and time forecasts are approximate only. A guarantee that these are actually achieved on the respective competition routes, does not take over the offerer.
(2) For the rest, the statutory warranty and statute of limitation apply.
(1) The Provider shall not be liable for any damage resulting from transmission disruptions, performance disruptions or other disruptions to the Website if the company is not responsible for them or if these measures are based on the maintenance and further development of the Website, in particular maintenance work. The provider accepts no liability for the availability of the website and the “aeroTEST” as well as for system-related failures, interruptions and disruptions of the technical equipment and services of the provider. In particular, the Company is not liable for disruptions in quality and access due to force majeure or events for which the Company is not responsible, in particular the failure of communication networks and gateways.
(2) The provider assumes no warranty for the data records provided by the customer and the errors contained therein. Should testing not be possible solely because of the defectiveness of the data sets provided by the customer, without any circumstance for which the provider is responsible, the provider may nevertheless demand a proportion of the remuneration corresponding to the work performed. Any further liability of the customer remains unaffected.
(3) A warranty exclusion does not take place for intention and gross negligence of the offerer in relation to the provided service. For slight negligence, the provider is liable for damages resulting from injury to life, limb and health of persons.
(4) For the rest, the following limited liability applies: In case of slight negligence, the provider is liable in case of breach of a material contractual obligation, the fulfillment of which makes the proper execution of the contract in the first place and on whose compliance the customer can rely on regularly. The liability for slight negligence is limited in amount to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies to the vicarious agents of the provider.
(1) Provider of the services is Aerotune GmbH, Twedter Feld 28G, 24944 Flensburg, Germany (registered with the district court Flensburg, commercial register number: HRB 12004 FL. Managing Director is Mr. Sebastian Schluricke.
(2) For these terms and conditions and the legal relationships between the provider and the customer, the law of the Federal Republic of Germany, excluding German conflict of laws. The applicability of mandatory standards of the state in which the customer has his habitual residence upon conclusion of the contract remains unaffected.
(3) The exclusive place of jurisdiction for all legal disputes arising from the contract is Flensburg, provided that the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer has no place of jurisdiction in the Federal Republic of Germany.
You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform us (Aerotune GmbH, Twedter Feld 28G, 24944 Flensburg) of your decision to revoke this agreement by means of a clear statement (for example, a letter, fax or e-mail).
You can use the enclosed sample revocation form, but this is not required.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we will pay back all your payments made to us, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for repayment fees.
If you have requested that the service be commenced during the period of revocation, you shall pay us a reasonable amount equal to the proportion of the services already provided to us by the exercise of the right of revocation with respect to this contracts comparison with the total scope of the services provided for in this contract.
– End of cancellation notice –
Model withdrawal form
(If you want to revoke your contract, please fill out this form and return it.)
You reach our customer service Mo – Fr 8:00 – 16:00
Aerotune GmbH, Twedter Feld 28G, 24944 Flensburg, Germany
T: +49 (0) 461 31545477
The invalidity of any provision of these Terms and Conditions has no effect on the validity of the remaining provisions.
Generated terms and conditions with the help of the generator of the Deutschen Anwaltshotline AG and with the addition of an appointed lawyer.