Conditions d'utilisation

1. Komoot is a service for viewing tours with detailed information (such as height profile, length of the track, textual route descriptions, photographs or videos of the tour).
2. Komoot is an individual route planner and offers users the ability to select routes tailored to the user using the komoot technology and also view selected detailed route information (such as height profile, length of the track, textual route descriptions, photographs or videos of the tour).
3. In addition, each user has the possibility to create tours and store additional textual information and / or to use his photos, videos and graphics with this tour or with any particular selected tour in the system of komoot. The User may use provided features (such as the electronic transmission of messages) to present these to other users as well as public.
4. The user can use the offered export functions to print out associated data of necessary parts of the selected individually planned tour or export them to a target device and / or to a mobile device equipped with a chip for positioning. The user is explicitly prohibited to export, distribute or publish tours in other ways than with the offered export function.
5. The following Terms of Service apply to the use of the under sub-paragraphs 1.1, 1.2, 1.3 and 1.4 preceding described services of komoot. By using the services of komoot the user agrees to the following Terms of Service and the Privacy Policy of komoot. The foregoing applies regardless whether the user uses the services of komoot directly on the website of komoot or any third party services which have integrated services of komoot and services of komoot are thereby also available there.

The user closes this agreement for the usage of services of komoot with komoot GmbH, Friedrich-Wilhelm Boelcke-Straße 2, 14473 Potsdam, Germany.

1. ​​​​​​komoot provides the user a large part of its services free of charge. When the user wishes to use paid services of komoot, it will be specifically mentioned and confirmed explicitly by the user within a purchase process. The prices may be found within the package overview.
2. Details of the fees for the paid services are regulated on the komoot websites in "Profile". The fees listed are binding. The fees for the paid services have to be paid immediately for the entire period with invoicing. Payments can be made using the various debiting procedures, especially with the accepted credit cards or using the available on-line payment systems. If a payment cannot be collected the user takes any related fees including bank charges connected to refunds of debits or similar charges to the extent that the user is responsible for the cost of causing this case. komoot may deliver invoices and payment reminders by e-mail. In particular, users of paid services are responsible to change the email address, billing address or payment information at "Profile". For the purpose of payment processing payment data will be stored at our payment provider 1und1 for a maximum of 12 months.
3. If an user triggers downloads of any data provided by komoot (e.g. in the form of a routing request) on a device specified by the user (e.g. computer or mobile phone) there are connection or transfer fee which the user has to pay to his internet provider or mobile operator.

1. The user accepts the Terms of Service, these general terms and conditions by using komoot and information obtained by komoot
2. To save own tours and other data requires a registration. The following information must be specified ("Mandatory Information")

[1] Personal e-mail address;
[2] Username;
[3] A freely selected password (at least 6 characters consisting of letters, numbers and / or symbols);
[4] Statement of the user about his agreement with the validity of these Terms and Conditions;
[5] Statement by the user if he wants to receive information tailored to his personal preferences (e.g. in the form of a newsletter).

The aforementioned information of the user except the username are not visible to other visitors or users of komoot or third parties.

3. Optionally, the user also has the ability to specify profile data about data beyond his duty. Depending on the settings chosen by the user, or clear identification by komoot, this data is for other users at the URL the user made available publicly visible.

4. Each user may register only once and only create one user profile.

5. A legal entitlement to registration as a user of the services of komoot does not exist. This reserves komoot to reject a registration requested by an appropriate message to the user without giving reasons.

6. By the successful completion of the initial registration process, the user makes an offer to enter the agreement to use the services of komoot. Komoot accepts this offer by activating the membership for the services of komoot.

7. If the registration process is not finished, komoot is entitled to delete the incomplete registered account, including all information provided by users until then irreversible.

1. All of our customers located in the European Union have the right to cancel any purchase within the first fourteen (14) days, starting from the day on which the contract is concluded.
   You can exercise your right of cancellation by contacting us by email, letter or fax to confirm your cancellation. You do not have to provide any reason for your cancellation. If you wish to exercise your right of cancellation in this way, you should contact us at:
   
   komoot GmbH
   Friedrich-Wilhelm-Boelcke-Straße 2
   14473 Potsdam
   Email: rechnung@komoot.de
2. If you have purchased services or products via the Apple App Store, please explicitly state so when you contact us and we will provide you with further details on how to claim your refund.
3. In case of an effective withdrawal, the mutually received benefits are to be returned and any benefits (e.g. interest) surrendered. If the user has entirely or partially received komoot products and services or returns them in a deteriorated condition, the user must compensate komoot for the value. This may mean that the user has to fulfill the contractual payment obligations for the period until the cancellation. Obligations to reimburse payments must be fulfilled within 30 days. The deadline begins for the user with the dispatch of the cancellation.
4. The User's right of cancellation expires prematurely if the contract is completely fulfilled by both parties at the express request of the user, before he has exercised his right of withdrawal.

Komoot has the right to extend the site of komoot and / or the change of komoot solutions offered at any time of content, graphical and / or functional, to reduce or stop. The same applies to the services offered by komoot.

The platform, including, without limitation, the website, the apps and all content and services accessed through or via the website, the apps or otherwise, are provided “as is”, “as available”, and “with all faults”.

Whilst komoot uses reasonable endeavours to correct any errors or omissions in the platform as soon as practicable once they have been brought to komoot’s attention, komoot makes no promises, guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the website, the apps, the services or any part or parts thereof, any content, or any linked services or other external services. Komoot does not warrant that your use of the platform will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the platform or any part or parts thereof, the content, or the servers on which the platform operates are or will be free of viruses or other harmful components. Komoot does not warrant that any transmission of content uploaded to the platform will be secure or that any elements of the platform designed to prevent unauthorised access, sharing or download of content will be effective in any and all cases, and does not warrant that your use of the platform is lawful in any particular jurisdiction.

Komoot and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement, merchantability and fitness for a particular purpose.

Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out above, the above disclaimers shall not apply to the extent that the law of such jurisdiction applies to this agreement.

This service may contain translations powered by google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.

In no event shall komoot’s aggregate liability to you under this agreement exceed the greater of 100 euro or the amounts (if any) paid by you to komoot during the previous twelve (12) months for the services giving rise to the claim.

Komoot and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for:

Any loss or damage arising from:

(a) your inability to access or use the platform or any part or parts thereof, or to access any content or any external services via the platform;

(b) any changes that komoot may make to the platform or any part thereof, or any temporary or permanent suspension or cessation of access to the platform or any content in or from any or all territories;

(c) any action taken against you by third party rightsholders with respect to any alleged infringement of such third party’s rights relating to your content or your use of the platform, or any action taken as part of an investigation by komoot or any relevant law enforcement authority regarding your use of the platform;

(d) any errors or omissions in the platform’s technical operation, or from any inaccuracy or defect in any content or any information relating to content;

(e) your failure to provide komoot with accurate or complete information, or your failure to keep your username or password suitably confidential;

Any loss or damage to any computer hardware or software, any loss of data (including your content), or any loss or damage from any security breach; and/or any loss of profits, or any loss you suffer which is not a foreseeable consequence of komoot breaching these terms of use. Losses are foreseeable where they could be contemplated by you and komoot at the time you agree to these terms of use, and therefore do not include any indirect losses, such as loss of opportunity.

Any claim or cause of action arising out of or related to your use of the platform must be notified to komoot as soon as possible.

Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, you acknowledge and agree that such limitations and exclusions reflect a reasonable and fair allocation of risk between you and komoot and are fundamental elements of the bargain between you and komoot, and that komoot’s liability will be limited to the maximum extent permitted by law.

Nothing in these terms of service limits or excludes the liability of komoot, its subsidiaries, successors, assigns, or their respective employees, agents, directors, officers and/or shareholders: (i) for any death or personal injury caused by its or their negligence, (ii) for any form of fraud or deceit, (iii) for any damages caused wilfully or by gross negligence, or (iv) for any form of liability which cannot be limited or excluded by law.

Certain functions of the system komoot are limited in their scope. This applies, for example to the number of photos added to a particular tour of the user. Limitations of this kind can be determined by komoot its sole discretion and at any time changed again.

1. The information and service komoot provides increases in its appeal, significance, level of detail and individuality, as users are willing to add content (in the form of texts, reviews, photos, videos, graphics and GPS tracks) to a particular tour or to the system of komoot. These contents are referred to as "Usage Data" below. The use of reference data to the profile of a registered user will be referred to as "Personal Usage Data".
2. As an user enables the application of komoot and triggers the upload of the data obtained from the GPS system to the komoot system, the user agrees to the fact that this data is then analyzed, processed and stored by the system of komoot:
   a) The personal usage data in the above clause 10.1 are analyzed in order to provide users automatically an increasingly individualized content in future, and is stored in the system of komoot related to this user. The user has the option to terminate the service and thus delete personal usage data.
   b) However, the in section 10.1 mentioned usage data is analyzed, processed and stored in the system of komoot in anonymous form from the outset, regardless of the person of the respective user. The collection and storage of anonymous usage data is used to check the information content of the data provided by komoot ready for other users to continually update and improve the service of komoot.
3. The aforementioned personal usage data of each user are, unless otherwise determined by the user, either for mere visitor to the website of komoot or third parties or for already registered users of the services of komoot accessible or otherwise apparent.
4. All contents (texts, photos, videos) that has been uploaded to the platform of komoot and made available for other users in connection with the personal profile of the user, can always be removed by the user himself from the system of komoot, i.e. deleted irreversible. The in section 16.2 b) made provisions for the storage of content after the date of termination of the contract with the user remains unaffected.

1. On the website of komoot under "www.komoot.de" in the section "Profile" the user has the possibility to access stored personal data (mandatory data) in the sense of the above paragraph 4.2, in terms of profile data Section 4.3 above, and usage data as defined in the above paragraph 10.2 lit. a). In addition, the user can change his access (mandatory data) and its aforementioned profile information at any time under the aforementioned section on the site of komoot. However, the user cannot delete itself irreversibly aforementioned data in the above mentioned way. If the user wants to achieve the deletion of all data related to his person, he has to terminate the contract in accordance with komoot license agreement paragraph 18.
2. The in section 16.2 b) made provisions for the storage of content after the date of termination of the contract with the user remains unaffected.​​​​​​

1. ​​​​​Confidentiality of access:
   The User shall keep access data in the sense of the above paragraph 4.2 confidential and not disclosed to third parties.
2. Legitimacy of content:
   a) The User agrees not to publish any content (mainly in the form of text, photos, video, graphics), or forward on the platform of komoot that is unlawful, in particular racist, pornographic, offensive or defamatory or violates third party rights, in particular violates copyrights. Accordingly, the user is fully responsible for all content that he published and distributed with the platform of komoot.
   b) Should a user be advised, or otherwise becomes aware, that content uploaded on the platform of komoot by him may be violating law, he shall immediately remove this content from the platform of komoot. The in section 16.2 b) made provisions for the storage of content after the date of termination of the contract with the user remains unaffected.
3. Private and commercial use:
   The user agrees to use the platform and the services of komoot exclusively with the options described within the package overview and solutions. He assures to use komoot only legally, proper and in accordance with these terms and conditions and related terms and conditions, applicable policies or guidelines and contained purposes. Therefore the user may not use content and features in any other way except those described under package overview and Lösungen. For solutions, the user accepts explicitly additional terms and conditions, policies or guidelines.
4. Omission of abuse and flaw:
   The user is obliged to omit harassing anyone with attempts to communicate and to refrain from any sexual way of communication. Finally, the user has to refrain from any actions which are likely to affect the functionality of the platform and the services of komoot.

1. If the user uploads content (mainly, but not exclusively, in the form of texts, GPS tracks, photos, videos, and graphics) on a platform of komoot and makes this content available to other users, the user grants komoot the non-exclusive right to use this content across the complete platform of komoot and technically connected media (especially the internet and mobile phones) make it available to the public and to other users — no matter what technical connection. Encompassed by the above-mentioned right the user is granting the right to komoot to edit the content posted by a user, in particular to take all necessary technical adjustments (e.g. in terms of the resolution of photos).
2. The rights that are granted komoot according to the above clause 13.1 of the content uploaded by a user does not expire on the date in which the contract for the use of the services of komoot according to paragraph 18 is terminated or content is removed by the user himself from the system of komoot, i.e. is deleted. The in section 16.2 b) made provisions for the storage of content after the date of termination of the contract with the user remains unaffected.

1. The User warrants that he owns all necessary rights to the content placed by him on the platform of komoot. He hereby agrees to indemnify, defend and hold harmless komoot, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
   (i) any violation by you of these terms of service or related guidelines;
   (ii) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of the users content on the platform, and/or your making available thereof to other users of the platform, and/or the actual use of users content by other users of the platform or linked services in accordance with these terms of service and the parameters set by you with respect to the distribution and sharing of the users content;
   (iii) any activity related to the users account, be it by the user or by any other person accessing the users account with or without your consent unless such activity was caused by the act or default of komoot.
2. Komoot makes content from third parties such as business listings, images and related information provided by third parties accessible to users. In addition, the user has access to other third party content which is made available by komoot. Komoot accepts no responsibility for the accuracy or completeness of such information provided by third parties. The use of the content of third parties may be subject to additional terms and conditions that the user can view each.

1. The user is aware that he has to make a careful decision in terms of his personal skills and equipment as well as the prevailing weather conditions whether, and if so, which tours provided by komoot he selects from for his activities. Accordingly komoot takes no responsibility or liability for that
   a) the user has a sufficient (physical) capability to commit or to ride the tour selected by him;
   b) the user equipment is suitable for the commission or the driving of his chosen tour;
   c) weather conditions are suitable to commit or to ride the tour selected by the user without a significant risk exposure for the life, body and health of the user.
   d) information on the route and information on the current site is error-free.
2. The user is also aware that some of komoot proposed tours may be liable — for whatever reason — to temporary or prolonged closures (e.g. due to avalanche hazards by local authorities). Instead, it is solely the liability of the user to pay enough attention to local (regulatory) arrangements about the blocking of a tour and warnings (eg, the Internet, radio and TV about avalanche dangers) and to align his conduct.
3. The in paragraph 8 made provisions for liability of komoot remain unaffected by the above provisions of this clause 14.

1. Komoot electronically processes the information provided by the user for purposes arising from the concluded contract for the services of komoot. Accordingly, the disclosure of data by komoot to third parties is done only in the context of the contract.
2. By agreeing to these terms and conditions, the user declares his consent at the same time that
   a) komoot uses the personal data of the user in terms of its accessibility and profile data in the sense of the preceding paragraphs 4.2 and 4.3 and its personal usage data as defined in the above paragraph 10.2 lit. a) to provide personalized information in the form of a newsletter general and / or tailored to their personal interests, unless the user has explicitly given his consent. The user has the option at any time to limit the above-described use of his personal data or to stop, especially unsubscribe, pointing to the website of komoot under "www.komoot.de" in the "Profile" by changing his personal profile accordingly;
   b) komoot uses the personal data of the user and / or the content (especially text, photos, video, graphics) posted by him on the platform of komoot to safeguard overriding interest in disclosing the possible misuse of the platform or the system of komoot or for prosecution of the date of termination of the process between the affected users and komoot signed usage agreement beyond, uses, stores, transmitted to law enforcement authorities and / or injured third parties whose rights unless and komoot to documenting actual evidence of such abuse by the user / or present the setting of illegal content by the user.
3. The user may revoke his consent to the processing of projecting his personal data at any time with effect for the future against komoot. The user has to submit its notice of withdrawal to komoot mailed to the business address of komoot (komoot GmbH, Friedrich-Wilhelm-Boelcke-Straße 2, 14473 Potsdam).

1. Should komoot obtain concrete evidence that the user shows illegal behavior in the use of the platform, in particular violating the rights of third parties infringing content in the system of komoot set or committed other violations of these terms and conditions, komoot is entitled to remove legally objectionable or offending material from the platform of komoot without notice to the affected and / or to exclude (possibly) illegal behaving users temporarily from using the services of komoot after appropriate notice, i.e. pending resolution of the allegations made against the affected user.
2. The measures taken under the provisions of section 18.3 right of termination of komoot remain unaffected.

1. The registered user is entitled at any time to terminate the contract with komoot without specifying a reason and without a deadline to meet. For such termination of the user, it is sufficient that he clicks on the website of komoot "Profile" on the button "delete account" under "www.komoot.de" under the heading, and then follow the subsequent instructions. Alternatively, the user can send his resignation letter to komoot also via mail to the business address of komoot (komoot GmbH, Friedrich-Wilhelm-Boelcke-Straße 2, 14473 Potsdam).
2. The duration of the paid services is listed for the user on the current package list. Unless the minimum period of use of paid services is not explicitly mentioned in the purchase process, the period of use is not limited. Paid services that are identified in the purchase process with a minimum period of use, first run over the posted minimum period of use by the user. After that, the paid services extend by the same duration with each renewal period if they are not canceled by the user or komoot. The user can cancel the paid services without notice for any reason without limit, but has to take into account the technical possibilities. The termination can be done under "Profile" or in writing by email or letter to komoot or the user. The termination notice in writing of the username and the komoot websites registered e-mail address of the user must be specified. Upon termination of the paid services by the user the user will use the free services. The provisions of section 18.2 leave the right of both parties to terminate for cause untouched.
3. Komoot however, is only entitled to a notice period of three weeks to ordinary termination of the contract. This does not affect the right of komoot to terminate the contract in the presence of a very good cause with immediate effect. Komoot has to submit its notice of termination at the email address provided by the user concerned. An important reason for the extraordinary termination by komoot is for example given when komoot gets aware that the affected users are guilty of illegally make use of the platform or behaves in illegal ways, especially infringing the rights of third parties content.
4. With the termination of the agreement komoot delete all data related to the person. Specifically, these are the credentials for the purposes of the above paragraph 4.2, the profile data as defined in the above paragraph 4.3 and its personal usage data for the purposes of the above paragraph 10.1. If the affected user has set content in the form of photos, video or graphics, on the platform of komoot these content will be deleted irreversible from komoot.
5. The measures taken under the above clause 18.4 shall not apply to content shared on the platform of komoot or externally through functions provided by komoot (e.g. the electronic sending of messages) for both, other users and made publicly available data, but these aforementioned data are no longer associated with the profile information.
6. Arrangements under the above clause 16.2. b) remain unaffected by the above provisions of this clause 18, whereby komoot in the given strict conditions for the storage of personal data and on the date of termination of the contract of use is also justified.
7. In the following cases the claim for repayment of already prepaid fees of the user is excluded:
   a) komoot terminated the contract for good cause pursuant to section 18.3,
   b) komoot blocks the access of the user or pursuant to section 17
   c) the user terminates the contract; the claim of the user on a reimbursement of any advance payments shall however not be excluded when the user terminates for an important reason, which originates from the area of responsibility of komoot.

1. 1. Komoot reserves the right to change these terms at any time without giving reasons, unless an amendment is unreasonable to the user. Komoot will notify the user of changes to the terms and timely. If the user does not contradict the validity of the new terms within six (6) weeks after notification, the amended terms shall be deemed accepted by the user. Komoot will alert the user to the notification of his right, and the relevance of the objection deadline.
   2. Unless otherwise agreed, the user may submit all notices to komoot by e-mail or by letter. Komoot may send notices to the user by e-mail or letter to the addresses that the user has specified as the current contact data in his account.
   3. If any provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected.
   4. Place of fulfillment is the place of business of komoot.
   5. Jurisdiction for merchants within the meaning of the German Commercial Code (HGB) is the place of business of komoot.
   6. German law applies with the exclusion of international private law and the German law adopted the UN-merchants law.

— End of the Terms of Service —