KLAIMO

General Terms and Conditions (GTC)

Last updated: 21 July 2026 (Version 2.0)

This is a convenience translation of the German original ("Allgemeine Geschäftsbedingungen"). The German version is authoritative for the interpretation of these terms. This does not deprive you of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence, nor of the protection of the language version actually presented to you when the contract was concluded. The section numbering of this English version follows the German version one to one, so that a reference to a particular § resolves to the same clause in both.

Who this version is for. The English set of legal documents is the fallback version for all locales that do not resolve to German, French, Dutch, Danish or Swedish. It describes the position under EU and German law and, in § 18 and § 19, the supplementary position for consumers resident in the EU/EEA and in Switzerland. If you have your habitual residence outside the EU/EEA and Switzerland, the mandatory consumer protection rules of your own country continue to apply to you.

§ 1 Scope and provider

(1) These General Terms and Conditions (hereinafter "GTC") apply to the use of the mobile application Klaimo (hereinafter "App") and all associated online services, which are provided by:

SB-Techworks Karim Belkacem Lilienthalstraße 38 93049 Regensburg Germany Telephone: +49 941 46395983 E-mail: info@klaimo.de (hereinafter "provider", "we" or "us")

(2) These GTC apply in relation to consumers within the meaning of § 13 Bürgerliches Gesetzbuch (BGB – German Civil Code), i.e. any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession. Deviating terms of the user do not become part of the contract unless we expressly agree to their validity.

(3) The version of these GTC in force at the time the contract is concluded applies. Amendments take effect only in accordance with § 15. We make these GTC available to you before the contract is concluded in a form that allows you to store them and reproduce them unchanged.

§ 2 Subject matter and description of services

(1) Klaimo is a fitness and gaming app. By recording outdoor activities (in particular cycling), you conquer virtual "territories" on a map, compare yourself with others in leaderboards and can organise yourself in teams.

(2) The App is offered in a free basic version and in a paid version ("Klaimo Pro") with additional functions.

(3) The App contains some computer-controlled, non-real participants ("NPCs") which serve to add activity to sparsely populated regions. They are marked as such and are recognisable.

(4) The "territories", leaderboards, points and other game content are purely virtual. They do not create any rights whatsoever in real land, areas or places and have no monetary value.

(5) Technical requirements, compatibility and interoperability: the App requires a smartphone with GPS reception, an active internet connection and a supported operating system. Optional functions (import from Apple HealthKit) require a permission granted in the operating system and depend on the availability of those third-party services.

(6) Supported operating systems and update horizon. We support the App on the current and the two preceding major versions of iOS and Android. The minimum version that follows from this at any given time is shown to you in the respective app store before installation; it moves on as new major versions of the operating systems are released. Within that range we provide the updates owed under § 11 (3) — including security updates — for the duration of your contract: for the free basic version for as long as your contract of use exists, and for Klaimo Pro for as long as the subscription runs. If your device can no longer be updated to a supported operating system version, the App may cease to work on it; your statutory rights under § 11 remain unaffected.

§ 3 Two separate contracts: free use and Klaimo Pro

(1) Using Klaimo involves two legally separate contracts:

(a) The free contract of use — with us. Your account, the game rules, the rules of conduct, the licence you grant us for your content, the availability of the App and our liability are governed by the contract between you and SB-Techworks Karim Belkacem. You pay no money for this contract; under § 312 (1a) and § 327 (3) BGB it is nevertheless a consumer contract, because you provide personal data.

(b) The paid Klaimo Pro subscription — with the app store, not with us. If you take out Klaimo Pro, the paid contract is concluded with the operator of the app store, which acts in its own name as seller and merchant of record:

(2) The consequence is important for you: payment, invoicing, renewal, cancellation, withdrawal and refunds for Klaimo Pro are handled exclusively by the store. We never receive your payment details and have no access to your means of payment. We therefore cannot make refunds for subscriptions. We will, however, gladly help you to bring a matter before the store (info@klaimo.de).

(3) Questions about the App itself — functions, faults, game scores, your account, content — are for us.

(4) The two contracts end separately from one another (see § 14 (4)).

§ 4 Conclusion of contract and registration

(1) A user account is required in order to use the App. Upon completion of registration, a free contract of use for the basic version is concluded between you and us.

(2) You are obliged to provide truthful information when registering and to keep your access data confidential. As a rule, only one account per person is permitted.

(3) Minimum age: registration is permitted from the age of 16. Persons aged 16 or 17 may use the App only with the consent of their parent or legal guardian; the same applies to Klaimo Pro. Persons under the age of 16 may not create an account. This age limit is the same in every country in which Klaimo is available — we do not apply a lower threshold anywhere — and it is checked during registration. On the data protection age thresholds, which differ from country to country, see Section 14 of our Privacy Policy.

(4) There is no entitlement to the conclusion of a contract of use.

(5) The free contract of use is also a consumer contract within the meaning of § 312 (1a) BGB, because you provide us with personal data. We inform you about your right of withdrawal in the separate Right of Withdrawal notice. The App contains an electronic withdrawal function for this contract: in the settings you select "Withdraw contract" and then confirm on a second screen with "Confirm withdrawal"; we confirm the withdrawal to you by e-mail to the address you give there, in a form you can store and reproduce unchanged. You may also end the free contract of use at any time and without notice by deleting your account (§ 14).

§ 5 Klaimo Pro (paid subscription)

(1) "Klaimo Pro" is offered as a subscription with a monthly term. The specific range of functions and the total price applicable in each case, including statutory value added tax, are shown to you before purchase in the App or in the respective app store.

(2) Purchase and payment processing take place exclusively via the Apple App Store (iOS) or the Google Play Store (Android). Your contractual partner for the subscription is the respective store (§ 3). The terms of use and payment terms of that store apply in addition.

(3) The subscription renews automatically for a further month unless it is cancelled at least 24 hours before the end of the current period via the subscription management of the respective store. Billing is carried out via your store account.

(4) You cancel and manage the subscription in the account/subscription settings of the Apple App Store or Google Play Store:

The App also contains, in its settings, a direct link that opens exactly that subscription management screen of the store you purchased from, so that you can reach the cancellation route from within the App.

Cancellation by us is not technically possible, because we are not the seller.

(5) Your statutory right of withdrawal remains unaffected. It is directed at the store as seller and does not expire merely because you start using the Pro functions immediately; details are set out in the separate Right of Withdrawal notice.

(6) The range of functions of Klaimo Pro is shown to you before purchase. On changes to the scope of services, see § 12.

§ 6 Promotional codes and vouchers

(1) We may issue codes which unlock Klaimo Pro for a limited period (redemption in the App or via the link klaimo://redeem/CODE or https://klaimo.de/redeem).

(2) Codes are non-transferable, cannot be combined with other promotions and cannot be paid out in cash or credited with a residual value. There is no legal entitlement to the issue of a code.

(3) Each code is valid only for the period and scope of services stated when it was issued and only until the stated expiry date. When the unlocked period ends, Pro access ends automatically; no paid subscription arises and there is no automatic renewal.

(4) In the event of misuse (e.g. mass redemption, resale, circumvention of restrictions) we may block codes and withdraw benefits already granted.

§ 7 Obligations and rules of conduct

(1) You undertake to use the App only within the framework of applicable law and these GTC.

(2) The following are prohibited in particular:

(3) In the event of infringements we may take the measures set out in § 8. The right to terminate for good cause remains unaffected.

§ 8 User content, moderation and reporting procedure (Digital Services Act)

(1) Measures we may take (Art. 14 DSA). If content you have posted, or your conduct, infringes § 7, we may — graduated according to seriousness and repetition —

(2) Automated procedures. We use an automatically calculated plausibility score to detect unrealistic activities. If that score leads to a correction or a suspension, a natural person reviews it before the measure becomes permanently effective; you can request such a review at any time (Art. 22 GDPR). We do not currently use any further automated moderation tools.

(3) Reporting illegal content (Art. 16 DSA). You and anyone else may report illegal content to us — via the reporting function in the App or by e-mail to info@klaimo.de. Please state the content concerned (e.g. display name or team name), why you consider it unlawful, and how we can contact you. We confirm receipt and decide in a timely, diligent, non-arbitrary and objective manner.

(4) Statement of reasons (Art. 17 DSA). If we remove content or restrict your access, we will inform you of the reasons: which measure was taken, what it is based on (the law or these GTC), whether automated detection was involved, and what remedies are available to you.

(5) Complaints. You may complain against any such measure informally within six months by e-mail to info@klaimo.de. We will review the measure again, decide with the involvement of a natural person and give reasons for the decision. Recourse to the courts, and the possibility of turning to an out-of-court dispute settlement body under Art. 21 DSA, remain unaffected.

§ 9 Road safety (important notice)

(1) The App must not be operated while riding in a way that distracts your attention from traffic. Always observe road traffic regulations and the safety of all road users.

(2) Physical activity is undertaken on your own responsibility. Do not overestimate yourself, and adapt your activity to your physical condition and to the weather, traffic and surroundings. The App is not a substitute for health or medical advice.

(3) This notice is a recommendation as to care and not a limitation of our statutory liability. Our liability is governed exclusively by § 13.

§ 10 Content and rights of use

(1) All rights in the App, its content, graphics, trade marks and software remain with the provider or the respective rights holders. You are granted a simple, non-transferable right to use the App as intended.

(2) For content you post (e.g. display name, team name, profile picture), you grant us the non-exclusive, royalty-free, territorially unlimited right to store and process it in the course of operating the App and — insofar as necessary for the functionality (e.g. leaderboards, team display) — to display it to other users. This does not cover use for advertising purposes outside the App, sub-licensing, or any modification going beyond technically necessary adaptations. The right ends when you delete the content or your account, unless statutory retention obligations prevent this.

(3) You warrant that you hold the necessary rights in the content you post; where people are depicted, you need their consent.

(4) You are aware that certain data (display name, profile picture, conquered territories, rankings) are publicly visible to other users.

§ 11 Conformity, defects and updates

(1) We owe you the App as a digital product in a condition that complies with the contract under §§ 327 ff. BGB (implementing Directive (EU) 2019/770). This applies expressly also to the free basic version, because you provide us with personal data (§ 327 (3) BGB).

(2) The App must meet the agreed requirements and the objective requirements (§§ 327d to 327g BGB), and must therefore in particular be fit for ordinary use and display the usual quality.

(3) Update duty (§ 327f BGB): during the supply period we provide you with the updates that are necessary to keep the App in conformity with the contract — including security updates — and inform you about them. For Klaimo Pro this applies for the duration of the subscription, for the basic version for the duration of the contract of use.

(4) If the App is defective, you have the statutory rights (subsequent performance, termination of the contract, price reduction, damages; §§ 327i ff. BGB). These rights may not be excluded or restricted to your detriment (§ 327s BGB); nothing in these GTC is to be understood in that way. In particular, we do not provide the App "as is".

(5) Please report defects to info@klaimo.de. If the defect concerns only the payment processing of the subscription, the store is your contact (§ 3).

§ 12 Availability and changes to the App

(1) We endeavour to keep the App available as continuously as possible. Maintenance work, technical faults or circumstances beyond our control may lead to temporary restrictions; where possible we inform you about them and remedy them without undue delay. Your statutory rights under § 11 remain unaffected; this clause does not involve any blanket exclusion of warranty or of a particular level of availability.

(2) Beyond what is necessary to establish conformity with the contract, we may change the App and individual functions only under the conditions of § 327r BGB, namely:

  1. only for one of the following valid reasons: adaptation to a changed technical environment (new operating system versions, the discontinuation or modification of third-party interfaces, e.g. map, import or store services), adaptation to a changed legal position or to requirements imposed by an authority, elimination of security risks, or a substantial increase in the number of users requiring a technical change;
  2. at no additional cost to you;
  3. after prior information in text form (e.g. by e-mail or in the App with the possibility to store it), stating the time, nature and extent of the change.

(3) If such a change impairs your access to, or your use of, the App to more than a negligible extent, you may terminate the affected contract free of charge within 30 days of receiving the information or of the change, whichever is later. This does not apply where we enable you to continue using the unchanged version at no additional cost.

(4) The core purpose of an existing paid subscription must not be removed by such a change.

§ 13 Liability

(1) We are liable without limitation for damage arising from injury to life, body or health based on a negligent or intentional breach of duty, and for damage based on intent or gross negligence.

(2) In the case of a slightly negligent breach of a material contractual obligation (cardinal obligation), our liability is limited to the foreseeable damage typical for this type of contract. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely.

(3) Otherwise, liability for slightly negligent breaches of duty is excluded.

(4) Liability under the Produkthaftungsgesetz (German Product Liability Act), on the basis of guarantees given, and your rights under § 11 of these GTC remain unaffected.

(5) Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, representatives and vicarious agents.

(6) Nothing in these GTC excludes or limits liability where the law does not permit it.

§ 14 Term and termination of the contractual relationship

(1) The free contract of use is concluded for an indefinite period. You may end it at any time, with immediate effect and without giving reasons, by deleting your account in the App (profile → "Delete account") or by sending an informal message to info@klaimo.de. No particular form or contact route is required. We confirm the termination to you in text form.

(2) We may terminate the free contract of use in text form giving 30 days' notice.

(3) The right to extraordinary termination for good cause remains unaffected for both parties.

(4) Important — the two contracts end separately:

§ 15 Changes to these GTC

(1) We reserve the right to amend these GTC with effect for the future where and insofar as this is necessary for one of the following reasons:

and provided the change does not unreasonably disadvantage you.

(2) The material contractual obligations, in particular the nature and scope of the free basic functions and the price of a running subscription, cannot be changed in this way. For such changes we obtain your express consent.

(3) We will inform you of changes at least six weeks before they take effect, in text form. In doing so we provide you with the amended wording or a comparison, and point out separately and clearly that your silence is deemed to be consent and that you may object to the change and end the contract free of charge.

(4) If you object before the change takes effect, the contract continues on the previous terms; in that case we may terminate the contract by ordinary notice under § 14 (2).

§ 16 Dispute resolution

(1) We do not take part voluntarily in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle), and we are not obliged to do so. We employ ten people or fewer, so the general duty of information under § 36 (1) no. 1 VSBG does not apply to us.

(2) § 37 VSBG applies to us irrespective of our size. If we cannot settle a specific dispute with you directly, we will therefore point you in text form to the consumer arbitration board competent for that dispute, stating its address and its website, and tell you whether we will take part in proceedings before it. In Germany this is the Universalschlichtungsstelle des Bundes, Zentrum für Schlichtung e. V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de.

(3) Paragraph (1) concerns only our own willingness to take part in voluntary proceedings. It does not oust the statutory jurisdiction of a consumer dispute resolution body that the law of your country of residence makes competent irrespective of our participation, and you remain free to address such a body.

(4) Please send complaints about the App informally to info@klaimo.de in the first instance. We normally reply within seven working days.

(5) For matters concerning payment, billing, renewal or refund of Klaimo Pro, please contact Apple or Google as the seller (§ 3).

§ 17 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which you have your habitual residence remain unaffected (Art. 6 (2) of Regulation (EC) No 593/2008, "Rome I"; for consumers resident in Denmark, the corresponding rule is Art. 5 of the 1980 Rome Convention, as Denmark is not bound by Rome I). For users resident in Switzerland, § 19 applies in addition.

(2) The German version of these GTC is authoritative. Translations serve your understanding; where the contract was presented to you in another language, the German version cannot deprive you of the protection given to you by mandatory law of your state of residence or by the version actually presented to you.

(3) We do not agree any place of jurisdiction with you. The statutory rules on jurisdiction apply, in particular Arts. 17–19 of Regulation (EU) No 1215/2012 (Brussels Ia) for consumers resident in the EU: as a consumer you may sue at the court of your domicile and may be sued only there.

(4) Should any provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected; the invalid provision is replaced by the statutory rule.

§ 18 Additional information for consumers resident in the EU/EEA

(1) Notwithstanding the choice of German law in § 17 (1), you retain the protection afforded to you by the mandatory provisions of the law of the country in which you have your habitual residence (Art. 6 (2) Rome I; for Denmark, Art. 5 of the 1980 Rome Convention). This covers, for example, national rules on withdrawal periods, unfair contract terms, statutory conformity rights and the minimum age for data protection consent.

(2) You may lodge a complaint with the data protection supervisory authority of the Member State in which you reside, work or where the alleged infringement occurred, in addition to the authority competent for us. A list of the national authorities is published by the European Data Protection Board at https://www.edpb.europa.eu/about-edpb/about-edpb/members_en

(3) Where the law of your country of residence provides for a competent consumer dispute resolution body, you may address it irrespective of § 16 (1); see § 16 (3).

§ 19 Additional information for users resident in Switzerland

(1) Choice of law. Before a Swiss court the choice of German law in § 17 (1) is excluded for consumer contracts of this kind under Art. 120 (2) of the Swiss Federal Act on Private International Law (IPRG); Swiss law applies instead, in particular the Code of Obligations (OR) and the Federal Act against Unfair Competition (UWG).

(2) Jurisdiction. Under the Lugano Convention (Arts. 15–17) you may sue at your domicile and may be sued only there. We do not agree anything to the contrary.

(3) Liability. Any exclusion of liability for unlawful intent or gross negligence is void under Art. 100 (1) OR; the same applies under Art. 101 (3) OR to the conduct of persons we engage to perform the contract. § 13 of these GTC applies in Switzerland only insofar as it is compatible with those provisions.

(4) Express notice of unusual clauses. We expressly draw your attention to the following provisions so that they are not overlooked as unusual:

(5) No statutory right of withdrawal. Swiss law provides no statutory right of withdrawal for contracts concluded online; Arts. 40b ff. OR cover only doorstep, street, promotional-event and telephone transactions. What applies to the cancellation and refund of Klaimo Pro is set out in the Right of Withdrawal notice, section "Consumers resident in Switzerland".

(6) Data protection. The revised Swiss Federal Act on Data Protection (revFADP) applies to you; details are in the Swiss section of our Privacy Policy.