Terms of Use
Welcome to Apx! Please read these Terms & Conditions ("Terms", "Terms of Use") carefully before using our Platforms operated by apx GmbH ("us", "we", or "our").
1. Scope of Application and Contractual Partner
1.1. These General Terms and Conditions (hereinafter referred to as "Terms") govern the entire business relationship between Apx GmbH, Schneckenburgerstraße 32, 81675 Munich, Germany (hereinafter referred to as the "Provider") and the user of the digital services offered under the brand "Apx Academy", in particular the free learning platform "Apx Squad", the paid training membership "Apx Training", and the associated website (hereinafter collectively referred to as the "Platform").
1.2. These Terms apply exclusively. Any terms and conditions of the User that deviate from, conflict with, or supplement these Terms shall not become part of the contract unless the Provider has expressly consented to their validity in writing.
1.3. Insofar as individual services of the Platform are provided, accessed, or processed via third-party platform operators or software providers, the terms and conditions of the respective third-party provider shall apply in addition to these Terms, particularly with regard to the technical provision of access and payment processing. In the event of contradictions regarding the conclusion of the contract or payment modalities, the conditions of the respective third-party provider shall take precedence.
1.4. For the purposes of these Terms, "Apx Squad" means the free learning platform made available by the Provider, "Apx Training" means the paid training membership made available by the Provider, and "premium services" means any additional paid services, offers, or higher-touch support provided directly by the Provider or facilitated through the Platform.
2. Subject Matter of the Services
2.1. The Provider offers a digital platform related to the topic of athletic training and athlete development. Through the free learning platform "Apx Squad", the User receives access to digital educational content, learning materials, practical resources, and structured guidance. Through the paid membership "Apx Training", the User may receive access to structured training plans, progression-based development, nutrition support, tracking features, and community elements. Additionally, the Platform may provide access to optional premium or higher-touch offers, such as one-time purchases or recurring payments.
2.2. The content and services provided through the Platform serve exclusively for general information, education, and support purposes in the field of sports and athletic development. The Provider delivers its services in accordance with the current state of technology and strives for an average annual availability of 98.5%. This excludes times during which the relevant systems are not available due to urgent technical reasons or maintenance work, or due to events beyond the Provider’s control.
2.3. Insofar as the Platform facilitates the booking, arrangement, or provision of individual premium services by coaches, experts, or other third-party service providers, the User explicitly acknowledges that such persons act as independent service providers and not as employees or vicarious agents of the Provider. Consequently, the Provider assumes no liability for the specific advice, training plans, communication, or other services provided by such third parties.
2.4. Insofar as the Provider offers free services or content through "Apx Squad Learning", the Provider reserves the right to modify, expand, limit, or discontinue such free services or content at any time, provided that this does not affect any mandatory statutory rights of the User.
3.Health and Liability Disclaimer
3.1. The content available through the Platform, including educational content, training plans, exercises, nutritional information, tracking tools, and any information or guidance provided in connection with optional premium services, does not constitute medical, physical therapy, or health advice. It is not a substitute for a medical examination, diagnosis, or treatment by a physician or qualified therapist.
3.2. The use of the Platform and the execution of any exercises, training plans, or nutritional strategies are carried out exclusively at the User's own risk. The User is strongly advised to consult a physician before commencing any training program or implementing any nutritional changes in order to ensure their physical suitability, especially in cases of pre-existing conditions or pregnancy.
3.3. The Provider, as well as any independent coaches, experts, or other third-party service providers whose services may be offered or arranged through the Platform, assume no liability for any health damages or injuries resulting from the independent application, imitation, or interpretation of the content, recommendations, or services provided through the Platform.
4. Registration and Eligibility
4.1. The use of certain services of the Platform, in particular access to "Apx Squad Learning" and "Apx Training", requires the registration of a user account. The Platform is intended for use by natural persons. Persons who have reached the age of 18 are entitled to register without restriction.
4.2. Minors between the ages of 13 and 17 may only use the Platform with the prior explicit consent of their legal guardians. This consent must extend to the registration, the use of all relevant functions, and the conclusion of any paid memberships or premium services. The Provider reserves the right to request written proof of such consent at any time. In the event of unauthorized use by a minor, the Provider is entitled to delete the account immediately.
4.3. Legal guardians are responsible for supervising the minor’s use of the Platform and acknowledging that certain content, training plans, and development-related services may be performance-oriented and require a level of physical maturity primarily intended for adults. The Provider is not liable for damages arising from the inappropriate use of the content or services by minors.
5. Conclusion of Contract and Subscriptions
5.1. Upon completion of the registration process, a gratuitous usage agreement is initially established between the Provider and the User. This agreement entitles the User to access the free learning platform "Apx Squad" and the corresponding range of free content and functions made available by the Provider.
5.2. To access the paid membership "Apx Training" and/or individual premium or higher-touch offers, a separate paid contract is required. The contract for such paid services is concluded either directly via the Provider’s website or via the respective third-party platform or software provider through which the relevant service is offered.
5.3. The Provider may grant new Users a one-time free trial period or other introductory access to selected paid services. During this period, the User may access selected paid content or functions without charge. Unless explicitly agreed otherwise in the checkout process, the access rights granted during the trial period shall end automatically upon its expiry, unless the User actively selects a paid membership or paid offer.
5.4. Subscription Term and Renewal: If a paid subscription is concluded, the contract shall run for the selected term (e.g., one month or one year). Unless the subscription is canceled with a notice period of one (1) month to the end of the respective term, the contract shall automatically renew for an indefinite period (open-ended contract). In the case of renewal, the User may terminate the contract at any time with a notice period of one month.
5.5. Price Changes: The Provider reserves the right to adjust the fees for paid services to reflect changes in market conditions or costs. Users will be informed of any price increase at least one month before it takes effect. If the User does not object to the change within this period, the new price is deemed accepted. In the event of an objection, the Provider reserves the right to terminate the contract extraordinarily at the time the price change would have taken effect.
5.6. For paid subscriptions concluded online via the Provider’s website or via integrated checkout tools, the User may also declare the cancellation via the online cancellation function provided for this purpose on the respective online interface, insofar as such function is legally required or made available.
6. Payment Processing
6.1. For paid memberships or other paid services concluded via the Provider’s Platform, payments are processed exclusively via the payment tool integrated into Simplero. The terms of payment and billing displayed to the User during the checkout process shall apply.
6.2. The contract regarding the paid membership or other paid service exists directly between the User and the Provider. The User agrees that the Provider may use third-party payment processors or technical service providers integrated into Simplero to handle the transaction.
7. Right of Withdrawal
7.1. Consumers generally have a statutory right of withdrawal of 14 days for distance selling contracts.
7.2. Expiry of the Right of Withdrawal: In the case of a contract for the delivery of digital content not on a tangible medium or for the provision of digital services, in particular access to paid membership content, training plans, or other digital offers of the Provider, the right of withdrawal shall expire prematurely if the Provider has commenced the execution of the contract after the User has expressly consented to the commencement of the execution before the expiry of the withdrawal period and has confirmed their knowledge that they thereby lose their right of withdrawal.
7.3. Insofar as the conclusion of the contract and payment processing take place via the payment and checkout tools integrated into Simplero, the withdrawal process may be carried out through the technical procedures provided there. This shall not affect the User’s statutory rights under applicable consumer protection law.
8. User Obligations
8.1. The User undertakes to keep their login data confidential and to protect it from access by unauthorized third parties. The User is fully responsible for all activities carried out via their user account.
8.2. The User is prohibited from misusing the Platform. In particular, the User may not grant third parties access to the Platform, whether for payment or free of charge, nor may they use the Platform to distribute unlawful, offensive, or rights-infringing content, or to interfere with the technical functionality of the Platform.
8.3. The content and materials made available through the Platform, in particular videos, training plans, texts, graphics, recipes, and other resources, are protected by copyright and, unless otherwise indicated, are intended exclusively for the User’s personal, non-commercial use. The User is prohibited from copying, recording, reproducing, distributing, making publicly available, or otherwise exploiting such content beyond the scope expressly permitted by law or by the Provider’s prior written consent.
8.4. In the event of a material breach of these Terms, in particular in the case of misuse of the Platform, unauthorized sharing of access data, payment default, or unlawful use of content, the Provider shall be entitled to temporarily suspend or permanently block the User’s access to the Platform or to terminate the contractual relationship extraordinarily for good cause.
9. Liability
9.1. The Provider shall be liable without limitation for damages caused by intent or gross negligence, as well as for damages resulting from injury to life, body, or health.
9.2. In cases of slight negligence, the Provider shall only be liable for the breach of essential contractual obligations (cardinal obligations). Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the User regularly relies. In such cases, the liability of the Provider is limited to the compensation of the foreseeable, typically occurring damage.
9.3. Any further liability of the Provider is excluded. This applies in particular to damages resulting from the improper execution of training exercises, the implementation of nutritional strategies, or the use or interpretation of content, training plans, recommendations, or other services made available through the Platform. The Provider does not guarantee any specific training, health, or performance outcomes.
10. Final Provisions
10.1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2. If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Provider in Munich.
10.3. The Provider reserves the right to amend these Terms for valid reasons, such as changes in the legal situation, changes to the business model, or technical developments. The User will be notified of such changes at least two weeks in advance. If the User does not object to the changes within this period, they shall be deemed accepted.
10.4. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
10.5. Further information on the processing of personal data is set out in the Provider’s separate Privacy Policy.
