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Terms and Conditions

Version 1.0 · Status: April 2026 · English convenience translation

besser als gestern UG (haftungsbeschränkt)
Elisabeth-Emter-Weg 6, 79110 Freiburg im Breisgau, Germany
Email: help@race-mind.com
Commercial register: HRB 726227, Local Court of Freiburg im Breisgau
Managing Director authorized to represent the company: Dominik Winter

This English version is provided for convenience only. The German version of the Terms and Conditions is legally authoritative. In case of discrepancies between the German and English versions, the German version shall prevail.

1. Scope

1.1 These Terms and Conditions (the “Terms”) apply to the use of the mobile application RaceMind – Triathlon & Running Coach (the “App”) and all related services provided by besser als gestern UG (haftungsbeschränkt) (the “Provider”).

1.2 These Terms apply to consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 BGB. Deviating or supplementary terms of the user shall not become part of the contract unless the Provider expressly agrees to their applicability in writing.

1.3 By confirming these Terms during onboarding or, at the latest, by linking an account, the user agrees to these Terms.

2. Service Description

2.1 RaceMind is a digital coaching app for endurance athletes (triathlon, running) with algorithmic training planning and AI-assisted coaching texts. The App provides, in particular:

2.2 Distinction between deterministic calculations and AI components.

2.3 The Provider is entitled to further develop, modify or discontinue individual functions of the App, provided this is reasonable for the user and does not impair the Provider’s main performance obligation (provision of the core coaching service). In all other respects, Section 18 (Changes to these Terms) applies.

3. Contract Formation and Registration

3.1 Two-step contract formation. The App may be used anonymously during onboarding and the trial period pursuant to Section 4.1 before an account is linked. At the latest before expiry of the trial period or before entering into a paid subscription or Supporter License, account linking via Apple login, Google login or email is required. The contract for use of the App is concluded when the user links an account and confirms these Terms.

3.2 For permanent use and data backup, account linking is required. The user is obliged to provide truthful and complete information and to keep such information up to date.

3.3 Minimum age. Use of the App is permitted only from the age of 16. Users under the age of 18 require the consent of a legal guardian. This consent must be confirmed during onboarding. The Provider reserves the right to request appropriate proof of consent in individual cases.

3.4 The user confirms that there are no medical reasons preventing the start or continuation of sports training. In case of health complaints, pre-existing conditions or uncertainty, a physician must be consulted before starting training.

4. Trial Period and Paid Services

4.1 Trial period. After account linking, the user may use the App free of charge in full for a period of seven (7) days, without providing payment details. The trial period begins upon completion of onboarding, but no later than the start of the first scheduled training week.

4.2 Paid services after the trial period. After expiry of the trial period, continued use of the main functions of the App is only possible under one of the following paid options:

Even without a subscription, functions required by law or by the platform remain accessible, in particular: account management, account deletion, restoring purchases, data export and read-only access to previously created training data.

4.3 Processing of paid services takes place natively via the Apple App Store or the Google Play Store, with the involvement of the payment service provider RevenueCat. Apple or Google, respectively, are the contractual partners for the payment transaction under their applicable terms of use. The Provider receives confirmation of the purchase and unlocks the respective service.

4.4 Current prices and subscription terms are displayed in the App and in the respective app store. All prices include statutory VAT.

4.5 Automatic renewal of subscriptions. Subscriptions renew automatically for the respective subscription period unless cancelled before the end of the current term via the subscription management of the respective app store.

4.6 Early Adopter Price Guarantee.

4.7 Supporter License (one-time payment).

4.8 Supporter shirt. As a thank-you for purchasing the Supporter License, the Provider ships a RaceMind Supporter shirt to delivery addresses within the European Union. Delivery time is typically approximately 4 weeks after confirmation of the size specification by the buyer. After purchase, the buyer is asked by email to provide size and delivery address; if no response is received within 60 days despite at least two reminders, the entitlement to the shirt expires. The digital Supporter License remains unaffected by shipping or delivery problems as well as by any withdrawal of the shirt.

4.9 Notice regarding withdrawal of consent for health data. The processing of health-related data is technically required for certain core coaching functions (Art. 9(2)(a) GDPR). If the user withdraws the required consent, these functions can no longer be provided from the time of withdrawal. The user’s statutory rights and any rights vis-à-vis Apple or Google remain unaffected. Details are set out in the Privacy Policy.

5. Right of Withdrawal

5.1 Purchases via the App Store / Play Store. Consumers have the withdrawal or refund rights provided by the respective platform for digital content and subscriptions purchased via Apple or Google. Refund requests must be addressed directly to Apple or Google.

5.2 Direct contracts with the Provider. If, by way of exception, a contract is concluded directly with the Provider, the following applies:

Withdrawal Information

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of conclusion of the contract. To exercise your right of withdrawal, you must inform us (besser als gestern UG (haftungsbeschränkt), Elisabeth-Emter-Weg 6, 79110 Freiburg im Breisgau, Germany, email: help@race-mind.com) by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the model withdrawal form below, but this is not mandatory.

Consequences of withdrawal: If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than 14 days from the day on which we receive notice of your withdrawal from this contract.

5.3 Early expiry of the right of withdrawal for digital content pursuant to Section 356(5) BGB: The right of withdrawal expires if the Provider has begun performance of the contract after the consumer (a) expressly consented to the Provider beginning performance before the expiry of the withdrawal period, (b) acknowledged that by consenting to the start of performance they lose their right of withdrawal, and (c) the Provider provided confirmation of this consent.

5.4 Model withdrawal form. If you wish to withdraw from the contract, you may complete and return the following form:

To besser als gestern UG (haftungsbeschränkt), Elisabeth-Emter-Weg 6, 79110 Freiburg im Breisgau, Germany, help@race-mind.com:

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*).
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notified on paper)
Date
(*) Delete as appropriate.

6. Termination

6.1 Subscriptions via the App Store / Play Store may be cancelled via the subscription management of the respective store at any time with effect at the end of the current billing period. The Provider has no access to this process.

6.2 If the Provider offers direct contracts via the website or the App outside the Apple App Store or Google Play Store in the future, such contracts may additionally be terminated via the legally required cancellation button.

6.3 Extraordinary termination for good cause remains unaffected for both parties.

7. User Obligations

7.1 The user is responsible for keeping their access credentials confidential. The user is liable for all activities carried out under their account to the extent this is reasonable and attributable to the user.

7.2 The user undertakes not to misuse the App, in particular:

7.3 The user acknowledges that training plans and recommendations provided by the App are based on algorithmic calculations and do not constitute medical advice. Training decisions are made by the user at their own responsibility. In case of health complaints, acute symptoms or pre-existing conditions, a physician must be consulted before starting or continuing training.

8. Liability

8.1 The Provider shall be liable without limitation in accordance with statutory provisions where liability is based on:

8.2 In cases of ordinary negligence, the Provider shall be liable only for breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the foreseeable damage typical for this type of contract.

8.3 In all other respects, liability is excluded, in particular — to the extent permitted under Sections 8.1 and 8.2 — for:

8.4 The Provider expressly notes that AI-generated coaching texts, chat responses and qualitative interpretations do not replace medical or sports medicine advice (Sections 2.2 and 7.3). The user’s resulting duties of care do not affect the liability provisions in Sections 8.1 and 8.2.

8.5 The foregoing liability provisions also apply in favor of the Provider’s legal representatives and vicarious agents.

9. Intellectual Property

9.1 All rights in the App, including design, code, texts, graphics and logos, belong to the Provider or its licensors.

9.2 AI-generated content (coaching texts, chat responses, qualitative analysis interpretations) is provided to the user for personal and private use and for sharing in the user’s individual coaching context (e.g. with the user’s own coach, therapist or sports physician). Systematic distribution, commercial re-use, re-branding or publication via social media for third-party advertising purposes is not permitted.

9.3 To the extent AI-generated content is not protected by copyright due to lack of personal intellectual creation, the Provider grants the user the right to use such content within the contractual relationship to the extent described above, without establishing any further rights.

9.4 The user receives a simple, non-transferable, revocable right to use the App for the duration of the contractual relationship.

10. Availability

10.1 The Provider endeavors to ensure that the App is available with as few interruptions as possible, but does not guarantee constant availability.

10.2 The Provider reserves the right to temporarily restrict the App where this is necessary for maintenance, security or capacity reasons. Planned maintenance windows will be communicated in advance where possible.

11. Defect Rights and Update Obligation (Digital Products)

11.1 The statutory defect rights for consumer contracts concerning digital products pursuant to Sections 327 et seq. BGB apply.

11.2 Updates. During the contractual term, the Provider provides updates required to maintain the conformity of the App with the contract. These include, in particular:

Additional feature extensions are voluntary services of the Provider and do not create any entitlement.

11.3 User cooperation obligation. The user is required to install updates provided by the Provider within a reasonable period of time. If the user fails to do so, the Provider is not liable for defects that are solely attributable to the failure to install the update, provided the user was expressly informed of the consequences.

11.4 Notification of defects. Defects must be reported to the Provider at help@race-mind.com. The Provider will remedy defects within a reasonable period of time.

11.5 Limitation period. The limitation period for defect claims is governed by Section 327j BGB. For digital products provided continuously, the limitation period is twelve months from the end of the provision period.

12. Account Suspension and Extraordinary Termination

12.1 In the event of repeated or serious violations of Section 7 (User Obligations), the Provider is entitled, after prior warning and setting of a reasonable deadline, to temporarily suspend the account.

12.2 In the event of particularly serious violations (e.g. systematic misuse, unlawful content, security attacks), immediate suspension may take place without prior warning.

12.3 The Provider may terminate the contractual relationship for good cause, in particular if continuation is unreasonable after taking into account the interests of both parties.

12.4 In the event of justified extraordinary termination by the Provider for reasons attributable to the user, the user has no claim to a pro rata refund of amounts already paid.

13. Data Export and Account Deletion

13.1 The user may at any time request an export of their training data in a commonly used, machine-readable format via the function provided in the App (Art. 20 GDPR).

13.2 The account may be deleted at any time directly in the App under Settings → Legal → Delete account or by email to help@race-mind.com. Deletion will take place within 30 days after receipt of the request, unless statutory retention obligations prevent deletion. Specific retention periods for individual categories of data are set out in the Privacy Policy.

13.3 Account deletion does not automatically cancel an active subscription; cancellation via the respective app store must be carried out separately.

14. Data Protection

14.1 Details on the collection and processing of personal data are set out in the Privacy Policy, which is available in the App and at https://race-mind.com/privacy.html.

14.2 As part of the AI functions, user inputs are transferred in pseudonymized form to the sub-processor Google Gemini. Details on processing on behalf of the Provider, legal basis and data transfers are set out in the Privacy Policy.

14.3 Right to lodge a complaint. The user has the right to lodge a complaint with a data protection supervisory authority. The supervisory authority responsible for the Provider is:

Der Landesbeauftragte für den Datenschutz und die Informationsfreiheit Baden-Württemberg
Lautenschlagerstraße 20, 70173 Stuttgart, Germany
www.baden-wuerttemberg.datenschutz.de

15. Notice on AI Use (EU AI Act)

15.1 The App uses artificial intelligence for accompanying coaching texts, qualitative analysis interpretations and chat responses. The training plan structure itself is calculated deterministically (Section 2.2). AI-generated content is identified at the place of output within the App (Art. 50 Regulation (EU) 2024/1689).

15.2 The AI functions are based on the Google Gemini language model. AI outputs are generated according to the state of the art but may still contain errors, inaccuracies or incomplete information. They do not replace professional review. Defect rights under Section 11 remain unaffected.

15.3 The Provider takes technical and organizational measures to ensure the quality of AI outputs, but cannot guarantee that every individual output is optimally suited to the user’s individual training context.

16. Third-Party Services and Sub-Processors

16.1 The App offers integrations with third-party services, in particular Strava, Garmin Connect, Intervals.icu, Apple HealthKit and Google Health Connect. The terms of use and privacy policies of the respective providers apply to the use of these services.

16.2 Data protection roles (overview):

16.3 Full list of sub-processors. A full list of all processors and sub-processors used (in particular database/authentication, push notifications, crash monitoring, hosting, weather data) and the safeguards for third-country transfers (EU Standard Contractual Clauses, adequacy decisions) is set out in the Privacy Policy.

16.4 The Provider is not responsible for the availability, functionality or data processing of the third-party services listed in Section 16.1.

17. Force Majeure

17.1 The Provider is not liable for delays or outages caused by circumstances beyond its reasonable control, in particular:

17.2 In the event of a prolonged impairment (more than 30 days), either party has the right to terminate the contract extraordinarily. Pro rata refunds for periods in which the service could not be used remain unaffected.

18. Changes to These Terms

18.1 The Provider may make editorial or technical clarifying changes to these Terms with effect for the future, provided that such changes do not adversely affect essential contractual obligations, remuneration, contract term or central user rights. This applies in particular to the correction of obvious errors, the adjustment of references or the implementation of mandatory legal requirements.

18.2 Changes affecting the Provider’s main performance obligations, remuneration, contract term or central user rights require the user’s express consent. Mere silence does not constitute consent.

18.3 If the user does not consent to a change requiring consent, the previous terms shall continue to apply where this is technically and legally possible. If continuation under the previous terms is unreasonable or legally impossible for the Provider, the Provider may terminate the contractual relationship with 30 days’ notice to the end of the month. The user’s statutory rights remain unaffected.

18.4 Changes to the scope of functions are additionally governed by Section 2.3.

19. Final Provisions

19.1 The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers who have their habitual residence in another EU Member State, mandatory consumer protection provisions of the country of residence remain unaffected.

19.2 The place of jurisdiction for disputes with entrepreneurs is Freiburg im Breisgau, Germany.

19.3 The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.