Terms of Service

These General Terms and Conditions (GTC) apply to all contracts concluded between Damon Basler (hereinafter referred to as “Provider”) and the customer (hereinafter referred to as “Customer”) for the use of the Kosoku performance platform.

The Provider's GTC apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity.

The Provider operates an online platform for performance tracking, exercise library management, and athlete performance optimization (hereinafter referred to as “Platform”). The Provider grants the Customer the right to use the Platform in accordance with these GTC.

The specific scope of services depends on the selected subscription plan. Details can be found in the respective service description on the website. During the free beta described in § 5.1, all Customers have full access to the Platform regardless of any listed subscription plan.

3.1 — Use of the Platform requires registration. During registration, the Customer must provide complete and accurate information.

3.2 — The Customer is obligated to keep their access data confidential and to protect them from access by third parties.

3.3 — The Customer is responsible for all activities that occur under their account.

3.4 — Only natural persons who have reached the age of 18 or legal entities may register.

4.1 — The presentation of services on the Platform does not constitute a binding offer, but rather an invitation to place an order.

4.2 — By clicking the order button, the Customer submits a binding offer to conclude a usage contract. The Provider can accept this offer within five days.

4.3 — Contracts are concluded for an indefinite period unless otherwise agreed.

5.1 — The Platform is currently offered as a free, invite-only beta: no prices are charged and no payment method is collected during this period. Paid subscription plans and the terms below take effect only once general availability is announced, with advance notice to Customers.

5.2 — From general availability, the prices stated on the Platform at the time of order placement apply. All prices include statutory VAT.

5.3 — Payment is made via the payment methods offered on the Platform.

5.4 — In the case of subscription models, billing is carried out in advance for the respective billing period (monthly, annually, etc.).

5.5 — In the event of default in payment, the Provider is entitled to block access to the Platform until all outstanding amounts have been paid.

6.1 — The Provider grants the Customer a non-exclusive, non-transferable, and non-sublicensable right to use the Platform for the duration of the contract.

6.2 — The Customer is not permitted to:

• Copy, modify, or create derivative works of the Platform
• Reverse engineer, decompile, or disassemble the Platform
• Remove or alter any proprietary notices on the Platform
• Use the Platform in violation of applicable laws or regulations
• Transfer their access rights to third parties without the Provider's consent

7.1 — The Provider strives for the highest possible availability of the Platform but does not guarantee uninterrupted availability.

7.2 — The Provider is entitled to temporarily restrict access to the Platform for maintenance work, announced in advance where possible.

7.3 — The Provider is entitled to make changes and improvements to the Platform at any time, provided that this does not significantly impair the contractually agreed functionality.

8.1 — The Customer retains all rights to the data and content they upload to the Platform.

8.2 — The Customer grants the Provider the right to store and process the uploaded data to the extent necessary for the provision of services.

8.3 — Further information on data processing can be found in the Privacy Policy.

8.4 — The Customer is responsible for creating regular backups of their data.

9.1 — The Provider is liable without limitation for damages resulting from injury to life, body, or health, as well as for damages caused by intentional or grossly negligent breach of duty.

9.2 — In the case of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations), limited to the foreseeable, typically occurring damage.

9.3 — Liability under the Product Liability Act remains unaffected.

9.4 — The Customer uses the Platform at their own risk.

10.1 — Consumers have a 14-day right of withdrawal in accordance with statutory provisions.

10.2 — The right of withdrawal expires prematurely if the Provider has begun execution of the contract with the express consent of the consumer, who acknowledges that they will lose their right of withdrawal.

10.3 — Details on the right of withdrawal can be found in the separate withdrawal instruction.

11.1 — The right to extraordinary termination for good cause remains unaffected.

11.2 — Good cause for the Provider exists in particular if:

• The Customer is in default with payment for more than two billing periods
• The Customer violates essential contractual obligations despite warning
• The Customer violates applicable laws when using the Platform

11.3— Upon termination, the Customer's access to the Platform ends. The Provider will provide the Customer's data for download for a period of 30 days after termination.

12.1 — The Provider reserves the right to change these GTC with effect for the future.

12.2 — The Provider will notify the Customer of changes at least six weeks before they take effect. If the Customer does not object within six weeks of notification, the changed GTC shall be deemed accepted.

13.1 — The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

13.2— If the Customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider's registered office.

13.3 — Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.