Walk15 App Terms and Conditions
Preamble
#walk15 is a free activity app available worldwide in various languages. With the app, you can count your daily steps, create and participate in activity challenges, discover walking routes, receive benefits and discounts in the Steps Wallet.
Before we can get started, there are a few legal aspects to clarify. Please read the following General Terms and Conditions carefully.
IF YOU DO NOT AGREE WITH OUR TERMS AND CONDITIONS, PLEASE DO NOT USE THE WALK15 APP AND ITS SERVICES.
1. Subject matter and scope of these General Terms and Conditions
(1) These General Terms and Conditions (GTC) apply to all business relationships between you, as a user registered in our app, and us, Walk15 UAB, Gyneju str. 16, LT-01109 Vilnius, Lithuania, registration nr. 305208218. The current version of our GTC at the time of contract conclusion shall be applicable.
(2) Our GTC apply exclusively. Any terms and conditions you may use that contradict or deviate from these GTC will not be recognized by us unless we have expressly agreed to their validity in writing or text form.
2. Contract conclusion, registration, challenges, Steps Wallet and walking routes
(1) To use our services, you must first download our app. You can create a free user account in the app. The contract is concluded by registering in our app. By registering, you agree to our GTC, whereby the GTC become part of the usage contract for the app. At the same time, you can view our privacy information.
(2) To complete the registration, you must provide an email address. A confirmation email with an activation code will then be sent to you. After entering the sent code and a username, as well as clicking the acknowledgment checkbox for the privacy information, the registration and associated creation of a user account is completed. Alternatively, registration can also take place via third-party providers such as Facebook, Apple, or Google.
(3) After registration, you can provide additional information in your account, i.e., upload a profile picture and provide information about gender, height, weight, and your daily step goal. These additional details are voluntary.
(4) After completing the registration, you also have the option to select from a list of challenges, walking routes, and Steps Wallet offers. Information about each challenge, walking route, and Steps Wallet offer can be viewed. To participate in a challenge, you must click on the corresponding participation button. To open a walking route, you must click on the "Open route" button. To use Steps Wallet offers, you must click on offers and read instructions on how to redeem the offer from our partners.
3. Costs of use, "Walk15 Plus" subscription, cancellation
(1) The basic use of our app is free of charge for you.
(2) Additionally, we offer a paid premium service "Walk15 Plus" with monthly and annual payment options. With the subscription, you receive access to enhanced premium features, which are described in more detail in the app. The current prices and subscription details can be viewed in the app.
(3) "Walk15 Plus" subscriptions can only be concluded through the respective app stores (Apple App Store for iOS users and Google Play Store for Android users). Payment processing is carried out accordingly via Apple Pay (for iOS users) and Google Pay (for Android users). Walk15 does not collect, store, or process any financial data (e.g., credit card information). The General Terms and Conditions of the Apple App Store for iOS devices or the Google App Store for Android devices apply.
(4) "Walk15 Plus" subscriptions automatically renew at the end of the billing period unless cancelled at least 24 hours before the renewal date. In Germany, Israel, South Africa, and Turkey, users have the right to cancel a subscription with immediate effect and receive a prorated refund for the remaining subscription period. Cancellation must be done through the settings of the respective app store (Apple App Store or Google Play Store). Walk15 does not process refunds. All refund requests must be directed to Apple or Google.
(5) Additional tools or devices (e.g., smartwatch) may be required to use some of our offerings. You are responsible for providing these additional tools or devices at your own expense. If you use tools or devices for our offerings, it is your responsibility to ensure that these tools and/or devices function properly and are installed or set up correctly.
(6) Depending on the number of steps in your step account in the app, you can take advantage of certain offers from our partners in the Steps Wallet. These offers may be subject to fees. Our partners are solely responsible for the offers, and the terms and conditions of our partners apply.
(7) Walk15 reserves the right to change subscription fees or features for "Walk15 Plus". Users will be informed in advance of such changes, and continued use after a price change is considered acceptance of the new pricing.
4. Health and other requirements
The health of our users is important to us. Before participating in our challenges or completing a walking route, you should consult a doctor as a precaution to ensure your physical fitness and suitability for sporting activities. The use of our app and, in particular, participation in challenges and walking routes, is at your own risk. We cannot take responsibility for your performance capabilities and the suitability of our offerings for you. You are responsible here. This applies even more if pre-existing conditions exist. Any information, hints, and tips we may provide are not medical advice and can in no way replace medical consultation. These are to be understood exclusively as non-binding suggestions. We do not guarantee any properties, nor do we provide guarantees that the results you desire will be achieved through the use of our app. We do not owe a specific success.
By using Walk15, you agree that you are responsible for your own safety when using the offered services and are responsible for any damage you cause to third parties through the use of Walk15. You will not use Walk15 in a way that:
- Is illegal or promotes or encourages illegal activities;
- Promotes, incites, or participates in child pornography or the exploitation of children;
- Promotes, encourages, or participates in terrorism, violence against people, animals, or property;
- Violates the intellectual property rights of other users or other natural or legal persons;
- Violates the privacy or publication rights of other users or other natural or legal persons, or violates a confidentiality obligation that you have toward another user or another natural or legal person;
- Disrupts the operation of Walk15;
- Uses Walk15 or the content contained in Walk15 for commercial purposes without our written consent;
- Could insult or harm other users;
- Could constitute fraud (falsification of steps, transmission of knowingly false information, etc.);
5. Right of use, provision, and further development of the app
(1) To the extent necessary for fulfilling the purpose of the contract, we grant you a simple and non-transferable right to use the content of the app in a non-commercial form in accordance with the provisions of these GTC. We point out that, in particular, distribution or public accessibility of the content of our app by you (for example, on websites) in a commercial form is not permitted.
(2) We provide you with our app in the scope of functionality described on our website or in the app store. We will update the app and the underlying infrastructure of the app (server and corresponding software) according to our development planning. In development, we will consider the interests of our customers. However, there is no entitlement to the development of specific functions, the support of specific devices, or specific operating systems or operating system versions.
(3) We strive to offer trouble-free operation of the app and to enable the availability of the app permanently. However, we point out that complete, gap-free availability of the platform is not economically feasible. Therefore, we cannot guarantee a specific availability of the app content. Due to the general technical limitations of the internet infrastructure, restrictions or impairments of the availability of Walk15 may arise that are outside the sphere of influence of Walk15. These include, in particular, actions by third parties who do not act on behalf of Walk15, technical conditions of the internet that cannot be influenced by Walk15, and force majeure. Similarly, the hardware and software or technical infrastructure used by you can also influence the services of Walk15. To the extent that such circumstances influence the availability or functionality of the Walk15 app, this has no effect on the contractual conformity of the service provided by Walk15.
(4) The content in Walk15 is provided to you "as is" exclusively for your information and personal, non-commercial use and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes not consistent with this agreement without the express prior written consent of the company.
(5) Walk15 may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content, terms and conditions, privacy policies, or other terms of third-party websites. Accordingly, we point out that when leaving Walk15, you should carefully review the terms and conditions, privacy policies, and other relevant documents of the other website you are visiting.
6. Contract duration and termination
(1) The contract runs for an indefinite period.
(2) Both parties are entitled to terminate the contract at any time and without giving reasons.
(3) We will terminate the contract especially if you do not fulfill your obligations under this contract, particularly if you use the app in an impermissible manner. When deciding on the termination of the contract, we will consider the individual case and its circumstances, as well as your legitimate interests.
7. Liability
(1) You acknowledge that you are solely responsible for all your activities and/or omissions when using the app. You are particularly responsible for regularly checking your health condition and observing any existing limitations (see also point 4 "Health Restrictions" of these GTC).
(2) For services provided free of charge, we are liable, regardless of the legal grounds, exclusively for damages due to intent and gross negligence or the absence of a guaranteed characteristic. In case of intent, we are generally liable without limitation. In case of gross negligence and the absence of a guaranteed characteristic, our liability is limited to the typical, foreseeable damage. Otherwise, our liability is excluded.
(3) Should we provide services for a fee, we are liable, regardless of the legal grounds, generally without limitation for damages due to intent and gross negligence or the absence of a guaranteed characteristic. In case of slight negligent breach of a material contractual obligation, we are only liable for the typical, foreseeable damage. A material contractual obligation is any obligation that is necessary for the fulfillment of contractual purposes and on whose fulfillment you can rely or could have relied.
(4) Our liability for culpable injury to life, body, or health caused by us or our vicarious agents remains unaffected by the aforementioned limitations. Otherwise, our liability is excluded.
(5) The above limitations of liability also apply to the personal liability of our vicarious agents, employees, representatives, and organs.
(6) Claims under the Product Liability Act remain unaffected by the aforementioned limitations.
8. Warranty
Claims due to defective services arise from the statutory warranty provisions.
9. Third-party rights
You are obligated not to violate any third-party rights. This applies in particular to intellectual or industrial property rights or personality rights of third parties (e.g., copyrights, usage rights, trademark rights, etc.). You must, in particular, be the owner of the necessary rights to your profile picture and other photos uploaded by you. In the event that you violate this and are at fault (i.e., acted either intentionally or negligently), you are obligated to indemnify us against third-party claims due to such violations. The indemnification also includes the costs of reasonable legal defense. You are obligated to assist us in clarifying the disputed facts. We reserve the right to assert claims for damages and other claims.
10. Alternative dispute resolution; choice of law and jurisdiction
(1) We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
(2) In principle, Lithuanian law applies between the parties, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). However, for consumers with habitual residence in a country other than Lithuania, the mandatory consumer protection provisions of the state in which the consumer has his habitual residence remain applicable if these offer him more extensive protection than Lithuanian law.
(3) For users with residence in a member state of the European Union or the European Economic Area, the following applies: Actions against Walk15 can be brought either at the registered office of Walk15 UAB, Gyneju str. 16, LT-01109 Vilnius, Lithuania, or at the court of the place where the user has his residence. Actions by Walk15 against users can only be brought at the user's place of residence, unless the users are merchants, legal entities under public law, or special funds under public law.
(4) If you do not have a general place of jurisdiction in an EU member state or the European Economic Area, have relocated your permanent residence to a country outside the EU/EEA after conclusion of the contract, or if your place of residence or habitual abode is unknown at the time of filing a lawsuit, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office Walk15 UAB, Gyneju str. 16, LT-01109 Vilnius, Lithuania.
11. Cross-border data transfer
(1) If you use Walk15 from outside the European Union, your communication with us may lead to the transmission of information across international borders. By visiting Walk15 and electronic communication with us, you consent to such transmissions.
(2) Walk15 does not guarantee that the content available on Walk15 is appropriate or legal in every country or jurisdiction outside the EU. Access to Walk15 from countries outside the EU where the content is illegal is prohibited. Users who choose to access Walk15 are solely responsible for compliance with all applicable local laws, regulations, and provisions.
12. Right of withdrawal for digital content
(1) For contracts concerning the delivery of digital content (in particular, the "Walk15 Plus" subscription) that is not delivered on a physical data carrier, you generally have a right of withdrawal.
(2) However, your right of withdrawal expires prematurely if we have begun the execution of the contract after you:
- have expressly agreed that we begin the execution of the contract before the expiry of the withdrawal period, and
- have confirmed your knowledge that you lose your right of withdrawal through your consent with the beginning of the execution of the contract.
(3) Withdrawal instructions:
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 day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Walk15 UAB, Gyneju str. 16, LT-01109 Vilnius, Lithuania, Email: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Since the processing of payments for "Walk15 Plus" is done through the App Stores of Apple or Google, contact with the respective App Store is required for reimbursement in case of withdrawal.
(4) Model withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To Walk15 UAB, Gyneju str. 16, LT-01109 Vilnius, Lithuania, Email: [email protected]
I/We () hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods ()/for the provision of the following service (*)
-- Ordered on (*) / received on (*) –
-- Name of consumer(s)
-- Address of consumer(s)
-- Signature of consumer(s) (only if this form is notified on paper) -- Date
(*) Delete as appropriate.
13. Final provisions
(1) Should individual provisions of these GTC be wholly or partially invalid now or in the future, this shall not affect the validity of the remaining provisions. The above provisions shall apply accordingly in the event that these General Terms and Conditions prove to be incomplete.
(2) We reserve the right to change these General Terms and Conditions with effect for the future if this is necessary due to legal, regulatory, or technical changes. However, changes will only be made if they are reasonable under consideration of the interests of the users according to good faith. In the event of an objection to the changes of these General Terms and Conditions, we expressly reserve the right to ordinary termination. We will also separately inform you of your right to object, the deadline for this, and the legal consequences of your silence or an objection.
(3) These GTC can be viewed at any time in the user profile.
The provider information is: Walk15 UAB, Gyneju str. 16, LT-01109 Vilnius, Lithuania, registration nr. 305208218, authorized managing directors: Vlada Musvydaitė-Vilčiauskė, Email: [email protected]
If you have questions about this agreement, please contact us by email or by post at the following address: [email protected]