General Terms And Conditions For The Use Of The App "B2Mission"

§ 1 Scope

These general terms and conditions (henceforth: "GTC") constitute a user contract between us, Infront Sports & Media AG, Grafenauweg 2, 6302 Zug (henceforth: "B2Mission", also "we") and the respective user (henceforth uniformly: "User") of our software application "B2Mission" in the current version (henceforth: "App").

The subject of the user contract is the free use of the app and the services offered by the app by the user. B2Mission provides the user with the latest version of the app and allows him to use the app in accordance with these terms and conditions and limited to the period of use. The duration of the use of the app by the user is limited to a fixed period for which the user has received an access code (henceforth: "Mission").

Our app is aimed exclusively at natural persons who are at least 16 years old.

§ 2 Offer from B2Mission

(1) Our app, access codes

Our app is a digital companion for sporting competitions, with which the user can collect points for himself and his team alone or in a team in a time-limited environment, in particular in the context of so-called orienteering runs (henceforth: "Challenges"). Points can not only be collected in the context of challenges, but also for every kilometer run by a participant in their free time. The aim is to promote movement, team spirit and motivation in companies in a playful way

To use the app, the user needs a user account (section 3). The user receives the access code required to open the user account from a company (henceforth: "Teamcaptain"). Users can register for a mission with the access code. As part of the mission, the user is organized with other users in a team specified by the team captain. During the usage period, each user can complete a certain number of challenges alone or in a team. The app provides various functions that are designed for collecting points during the mission. As part of the challenges, users can, for example, find GPS points, complete light sporting exercises or answer multiple choice questions. The challenges can be completed in different specified cities in Switzerland. The subject of the challenges are not predetermined, checked routes, but GPS points. As part of a challenge, the user has to choose his route independently. The aim of a challenge is to reach as many of the specified GPS points as possible, to fulfill the tasks that may be set there, in order to collect as many points as possible. B2Mission is not the organizer of the challenges and not the provider of the routes and leaves the exact design of the same to the users, who have to adapt them to the external conditions. B2Mission neither controls possible routes that the user chooses independently, nor the specified GPS points. In particular, B2Mission does not check whether the GPS points and the paths in these areas are safely accessible and may be entered. Kilometers run outside of the challenges are also rewarded with points. The user can also follow the progress of other users and teams and measure their performance against those of other users.

The beginning and the duration of the use of the app by the user is limited to the duration of the respective mission for which the team captain acquired the respective access code ("usage period").

(2) Health, Disclaimer

The health of the user is important to us and we strive to ensure that the user improves his fitness by using the app. Nevertheless, the use of the app and participation in the mission and challenges is at the user's own risk.

We therefore recommend that users always consult their doctor before implementing any sporting, nutritional or health-related advice that they receive through the B2Mission app or from B2Mission partners or other users. This applies in particular to pregnant women and nursing mothers as well as those people who are known to have health restrictions and allergies.

The information and services offered in the app do not constitute medical advice or a substitute for a medical examination or treatment or for advice from a pharmacist. B2Mission also does not guarantee that such information and services - even if you have received from qualified experts - correspond to current research results. Insofar as instructions are conveyed to the user by the app, he is responsible for checking whether the implementation of these instructions is harmless to his health.

While using the app, especially if it takes place within public road traffic, the user must pay particular attention to other road users and choose his route in such a way that he does not violate legal regulations for participating in road traffic.

(3) Prize drawing

As part of the B2Mission app, prizes can be drawn from certain qualified participants for reasons of motivation. Apple and GooglePlay are not sponsors of these competitions or prizes in the B2Mission app and are not involved in them in any way. Persons aged 18 and over are eligible to participate.

§ 3 User account, conclusion of contract

In order to use the services of our app, the user must open a user account. With this, the user creates a user profile and concludes a usage contract with B2Mission in accordance with these terms and conditions. For this he needs an access code that he receives from his team captain.

(1) Registration process via the Internet

To open a user account, the user must register in the B2Mission app via email, Facebook, Gmail or Apple. In the case of registration via email, the user gives their name, email address and a password of their choice. After completing the registration process, the user is initially sent an e-mail for security reasons, in which the user is asked to verify his registration and his e-mail address by clicking on the "Register" button. The registration process is completed by the user clicking on this button. After completing the registration process, the user can log into the app with their access data.

In the case of registration via Facebook, Gmail or Apple, the user enters his or her log-in data for the service. In the course of registration, the user then expressly agrees to these terms and conditions.

With the access code provided by the team captain, the user activates the app and is automatically assigned to his team.

(2) Conclusion of a contract between B2Mission and the user

The usage contract between the user and B2Mission (as the operator of the app) in accordance with these terms and conditions is concluded when the user clicks on the "Register" button and completes the registration process; The user is not entitled to conclude a usage contract or to use the app.

(3) Corrections of input errors

Any input errors can be corrected at any time during the registration process in the input mask provided. The process can also be aborted until registration via the "Register" button.

§ 4 Pay

The use of the app is free of charge for users.

§ 5 User rights of use

The B2Mission app contains content (e.g. texts, videos, images, etc.) to which B2Mission has rights (e.g. copyright usage rights) ("B2Mission content"). B2Mission grants the user the non-exclusive right to private (non-commercial) use of the app and the B2Mission content on his device for the period of use in accordance with these terms and conditions. The user is not permitted to use B2Mission content outside of the app, in particular to play it publicly on websites, if and to the extent that the user is not permitted to make certain content publicly available through a function integrated in the app (e.g. sharing content in social networks). The right to use the B2Mission content ends when the usage period expires.

§ 6 User Content

B2Mission enables its users to load texts, images and other media content into the app ("user content"), store them in their user profile, share them with other users and use them in other ways.

(1) Legal Compliance

The user is responsible for compliance with the legal regulations for user content. B2Mission does not check user content and does not adopt it as its own. B2Mission reserves the right, however, to delete user content in the event of a violation of these terms and conditions or statutory provisions.

(2) Rights to User Content

The user grants B2Mission free of charge the simple (non-exclusive) content-unrestricted rights of use for all user content to use the user content worldwide for commercial purposes, in particular to provide the service through the app. B2Mission is therefore particularly entitled to use the user content within the app, to use it among other things. to save, reproduce and publicly reproduce, as well as to transfer rights of use to the user content to third parties and to grant third parties further rights of use. B2Mission is also entitled to edit the user content, provided that this does not result in any impairment of copyright interests. The above authorization of B2Mission to use the user content ends two (2) weeks after the end of the usage contract (section 11).

(3) No violation of third party rights through user content

By loading and publishing user content in the app, the user is obliged not to violate any rights of third parties, in particular the personal rights of other users or intellectual or industrial property rights of third parties (e.g. copyrights, designs, trademarks, etc.).

The user therefore undertakes in particular:

• to only load images, texts and other user content into the app, store them in their user profile or otherwise use them within the app if they have the appropriate usage rights or are legally entitled to do so;
• to protect the personal rights of other users and not to publish any offensive and / or defamatory statements and / or untrue claims in relation to other users.

(4) Exemption

The user is obliged to indemnify B2Mission from third party claims in the event of a culpable breach of the above obligations of the regulation according to Section 6.3. The exemption also includes the reasonable costs of B2Mission's legal defense.

§ 7 User Obligations

The user further undertakes

• not to publish any pornographic, racist, seditious, violence-glorifying or youth-endangering or discriminatory content, regardless of whether this constitutes a criminal offense;
• to treat his access data confidentially and not to pass them on to third parties;
• not to send messages to several other users at the same time (e.g. chain letters, spam or other mass mails);
• not to intervene in the app using technical or electronic aids that affect the integrity of the app or that are intended to read content from the app - regardless of whether it is content from B2Mission or content from users;
• not to advertise.

The user is responsible for ensuring that important personal data is backed up externally (e.g. on external data carriers).

§ 8 Text and data mining

B2Mission reserves the right to make copies and extracts for the purpose of text and data mining.

§ 9 Guarantees, liability for defects

B2Mission does not guarantee that

• that the app works flawlessly and is available continuously or completely or without errors;
• that the GPS points specified in the challenges are actually freely accessible and can be reached by the user without endangering them (for example due to the nature of the site, the road traffic, the presence of construction sites, etc.);
• that the success desired by the user, such as improving fitness, motivation or team spirit, is achieved by using the app. B2Mission does not owe the user any success.

B2Mission guarantees that the app is in accordance with the contract when it is made available. B2Mission provides updates to the app. The user is free to download and install the respective update. If the user does not install the updates provided by B2Mission, B2Mission is not liable for any deviations from the contractual status of the app due to the lack of the corresponding update.

The legal claims of the user due to poor performance remain unaffected in any case.

§ 10 Liability

B2Mission has unlimited liability, including for its legal representatives and vicarious agents, only in the event of (a) intent or gross negligence, (b) injury to life, limb or health, (c) within the scope of a guarantee it has assumed and (d) after Product Liability Act.

The liability of B2Mission for slightly negligent breach of essential contractual obligations is limited to the amount of damage that is foreseeable and typical according to the type of transaction. Essential contractual obligations are those obligations that protect the customer's legal positions that are essential to the contract and that the contract has to grant him according to its content and purpose; Furthermore, such contractual obligations are essential, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer has regularly trusted and can rely.

Otherwise, B2Mission is not liable.

§ 11 Term, termination

The usage contract ends, without the need for termination, at the end of the usage period. It can be properly terminated by either party at any time, although B2Mission may not terminate the contract at an inopportune time unless there is good cause. The termination can be in text form, whereby an email is sufficient. The user can express his termination by making the appropriate setting in his user account in the app or by sending an email to info@b2run.ch.

The right to terminate for an important reason remains unaffected for both parties. In particular, B2Mission is entitled to terminate the user contract with immediate effect and to delete the user account if the user seriously or repeatedly violates the provisions of these terms and conditions. When the user account is deleted, all data stored in connection with the respective user will also be deleted.

§ 12 Governing Law

Unless otherwise required by mandatory statutory provisions, only Swiss law is applicable. This choice of law does not affect the assertion of tortious claims or the possible applicability of mandatory consumer protection regulations under the law of the country in which the user has his habitual residence.

§ 13 Place of jurisdiction

The exclusive place of jurisdiction for all disputes arising from this contract is - if permitted - Zug.

§ 14 Contract language

The contract language is German.

§ 15 Changes to the terms and conditions

B2Mission reserves the right to change the terms and conditions if this is necessary due to changed legal, regulatory or technical framework conditions.

Changes to the terms and conditions will be offered to the user by email no later than two weeks before the proposed date of their entry into force.

The user's consent to the B2Mission offer is deemed to have been given if the user has not indicated his rejection before the proposed time for the changes to take effect. B2Mission will specifically point out this approval effect in its offer. B2Mission will then use the amended version of the GTC as the basis for the user contract.

In the event that the user rejects the offer in good time, B2Mission reserves the right to ordinary termination.

§ 16 Storage facility

These terms and conditions can be accessed at any time in the app or at: www.b2run.ch/run/ch/de/b2mission/agb/nutzer.html. It is also possible to download, save and print the terms and conditions.

§ 17 Severability Clause

Should individual provisions of these terms and conditions be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions.

§ 18 Privacy information

Information about which data of the user is processed in which way in connection with his use of the app is provided in our data protection information, which can be accessed here: www.b2run.ch/run/ch/de/b2mission/agb/datenschutz.html can.

§ 19 Provider information

The app is an offer from

Infront Sports & Media AG

Grafenauweg 2

6302 Zug

Further information can be found in the imprint: www.run.ch/impressum/

If there are any differences between the French, English, German and Italian versions of the general terms & conditions, the German version will always apply.

Zug, 29 july 2020.