Fictional product, illustrative draft. Not legal advice.

Stridewell Plus Subscription Terms¶

Drafting aid for counsel review. Not legal advice. Law as of 2026-10-20. Seller: Example Fitness GmbH, Hauptstrasse 1, 89073 Ulm, Germany, registered at Amtsgericht Ulm, HRB 000000, represented by managing director Jana Beispiel, support@example-fitness.test ("Example Fitness," "we," "us").

This document is built as one text with labelled modules: a core paragraph that applies to everyone, followed by a module for EU consumers (Germany stated separately where its own rule differs from the EU floor) and a module for US consumers (California and New York stated separately where their rules differ from each other). Keep every module that reaches a market you actually sell into; do not delete a module just because most of your users will not see it, since which module a given user sees depends on where they are, not on which module is "default."

Open points flagged below are tracked in full in open-points.md.

1. What this agreement covers¶

These terms govern your subscription to Stridewell Plus, the paid tier of the Stridewell mobile application for iOS and Android ("Stridewell," "the app," "the subscription"). Stridewell also offers a free tier that these subscription terms do not govern except where they say so.

Open point: whether a general terms-of-use document also exists for the free tier and for app use generally, separate from these subscription terms, is not settled by your message; these subscription terms assume a separate general terms-of-use document exists or will exist, and do not duplicate acceptable-use, intellectual-property or dispute-resolution content that belongs there.

By tapping the button labelled "Start my 7-day free trial" (free trial sign-up) or "zahlungspflichtig bestellen" (direct paid sign-up without a trial, for German users) or "Subscribe now" (direct paid sign-up, other markets), you agree to these Subscription Terms and to our Privacy Policy [link].

Before you complete your order, you can review and change your plan and your payment method. Once you submit your order, we send an electronic confirmation to the email address on your account.

We keep a copy of these terms and your order details and make them available to you on request. This agreement, your signature and your order are not denied legal effect only because they are in electronic form.

EU consumers. Immediately before the order button, and with nothing else between the two, we show: the technical steps to conclude the contract, whether we file the concluded contract and whether you can access it, the technical means to spot and correct an input error before you submit, and the languages the contract can be concluded in.

Germany. The order button for a direct paid sign-up (no trial) carries only "zahlungspflichtig bestellen" (PW-DE-1), with nothing else on it. The price, the plan's main characteristics, the initial term (one month) and the renewal mechanism sit directly before that button, highlighted, not behind a link.

Open point: where the sign-up flow is "start free trial" rather than an immediately paid order, German law's exact-wording order-button duty under § 312j Abs. 3 Satz 2 BGB still applies at the point the trial converts into a paid obligation if a card is charged automatically on day 8: see the Free trial conversion section below. The label "Start my 7-day free trial" is not itself the payment-obligation button; the payment-obligation disclosure sits at trial sign-up only if the user is told, next to that same control, that continuing creates a future payment obligation they must act to avoid. Confirm with counsel that this phrasing clears the Fuhrmann-2 words-only test before it ships.

US. We place this assent sentence on the same screen as the control it names, in a size and color comparably prominent to the surrounding text, directly next to the control, visible without scrolling. Where sign-up spans more than one screen, we repeat the notice-and-control pairing on the screen where the subscription itself actually starts; we do not rely on a notice shown earlier in the flow. We do not use a pre-checked assent box.

Legal basis: Art. 8(2) CRD; § 312j Abs. 2, 3 BGB; Case C-249/21 Fuhrmann-2; Meyer v. Uber Technologies; Berman v. Freedom Financial Network; Chabolla v. ClassPass.

3. Price and payment¶

Stridewell Plus costs EUR 9.99 per month (users billed in euro) or USD 9.99 per month (users billed in US dollars), including all taxes, for each monthly billing period. Which currency you pay in depends on [your account's billing region / the app store you subscribe through: confirm mechanism].

We accept payment by the methods shown at checkout, and by whatever payment method your app store (Apple App Store or Google Play) supports for an in-app purchase, where you subscribe that way. [Where any payment method carries a fee: using [payment method] costs an extra [amount], reflecting what it costs us to accept it.] Germany: a customary, reasonable, free payment option remains available alongside any surcharged method.

We will not charge you anything beyond the price above unless you have separately and expressly agreed to it. We do not treat your failure to uncheck a box, or your silence, as that agreement.

EU consumers. We state the total monthly price, inclusive of all taxes, before you are bound. We do not charge a payment-method fee above what accepting that method actually costs us.

Germany. We state the price and the rest of the required pre-contract information clearly, comprehensibly and in a highlighted manner immediately before the order button; a link to a separate page is not enough. An extra-payment agreement beyond the stated EUR 9.99 needs our express agreement and never arises from a pre-ticked default you had to uncheck.

US. The price, whether and how it may change, and the billing frequency are disclosed under the Term, renewal and cancellation section below, which carries the US auto-renewal price-disclosure duties that apply specifically to a subscription.

Open point: where a subscription is bought through Apple's or Google's in-app purchase flow, the app store's own payment terms and its own surcharge/fee practices govern that transaction's payment mechanics, not this section; flag for your checkout team which payment rules actually apply by channel.

Legal basis: Art. 6(1)(e), 19 CRD; § 312a, § 312j Abs. 1, 2 BGB.

4. Term, renewal and cancellation¶

This agreement starts on the date we confirm your order (or, for a free trial, the date your trial period ends and converts to a paid subscription) and continues for one month. Unless you cancel before the end of that month, it renews automatically for successive one-month periods, at the price and on the terms in effect at the time of each renewal, until you cancel or we end it as this section allows.

Before you are charged for the first time, and before each renewal, we show you, or send you, the price you will be charged, how often you will be charged, and how to cancel.

You can cancel at any time. Cancelling stops the next renewal; it does not refund the month that has already started, except as the EU withdrawal right in section 6 below separately allows, or as this section otherwise states.

Free trial conversion¶

Stridewell Plus offers a 7-day free trial. If you do not cancel before the trial ends, it converts automatically into a paid Stridewell Plus subscription at the price stated above, charged to the payment method you provided at sign-up.

Before we collect your payment details, we clearly disclose, in text, next to the control you use to start the trial: that the trial converts to a paid subscription unless you cancel, the price that will be charged, when it will be charged, and how to cancel before that happens. We obtain your express, separate affirmative action confirming you understand this before the trial starts; a consent box used for this is never pre-checked.

EU consumers. references/eu/uctd.md sets the EU-wide floor: an automatic trial-to-paid conversion needs a reasonable, not unreasonably early, cancellation deadline, and cancelling is at least as easy as signing up. Outside Germany, the specific notice timing below is not separately stated for every Member State; treated as an open point (see open-points.md).

EU business customers. Not applicable: Stridewell Plus is sold to consumers only.

Germany. The one-month renewal term is well under the two-year cap § 309 Nr. 9 BGB allows, and each renewal is onto the same one-month term, not a longer lock-in, so the indefinite-term-plus-one-month-notice mechanism in that provision is not separately triggered here; we flag this for counsel's confirmation rather than assuming it.

[Germany, online continuing contract: cancellation-button paragraph below.] We provide a cancellation button, permanently available, immediately and easily accessible, labelled "Verträge hier kündigen" (PW-DE-2), routing directly to a confirmation page labelled with the "jetzt kündigen" (PW-DE-3) confirmation button. The confirmation page asks only for: cancellation type and, for an extraordinary cancellation, the reason; data identifying you; data identifying your contract; an optional end date you are never required to fill in; and an electronic channel for the confirmation. You can store your own cancellation declaration on a durable medium, time-stamped. We confirm receipt immediately, electronically, in text form, stating the content, the time stamp, and the resulting end date. A missing or non-compliant button or confirmation page lets you cancel at any time without any notice period, whether or not a cancellation right otherwise exists on the merits.

Open point: whether this cancellation flow may include a login step before reaching the button or the confirmation page is pending a German Federal Court of Justice ruling due 5 November 2026 (I ZR 272/25, I ZR 275/25). This draft assumes no login step; recheck before launch.

US. Before taking your billing information, we disclose, in visual proximity to the control that records your consent: that the plan continues until cancelled, the cancellation mechanism, the charge and whether and how it may change, the one-month renewal term, and any minimum-purchase obligation (there is none). Where the plan starts with the 7-day free trial, we disclose the price that applies once the trial ends. We obtain your affirmative consent to the offer terms before the first charge, including for the trial conversion, and keep a verifiable record of it for at least three years or one year after the contract ends, whichever is longer.

After consent, we send a retainable acknowledgment covering the offer terms, the cancellation policy, and how to cancel, including how to cancel the trial before you are charged. We describe the cancellation mechanism: [a web-based account cancellation page / an email address / another cost-effective, timely, easy-to-use method], reachable through at least the same medium you used to subscribe. If online acceptance is offered, we add no step beyond permitted account authentication that delays online cancellation.

California. Because your trial runs for 7 days (31 days or fewer), the pre-billing reminder duty at Cal. Bus. & Prof. Code § 17602(b)(1) (3-to-21-day notice before a trial over 31 days ends) does not apply on its own terms; we nonetheless disclose the trial-end charge clearly at sign-up as stated above. A discount, retention benefit, or cancellation-effect information is shown only together with the fixed "click to cancel" control or, on a call, only after disclosing the fixed trigger word "cancel," never instead of or ahead of either.

New York. Because your trial runs for one month or less, the 3-to-21-day pre-cancellation-deadline reminder duty at N.Y. GBL § 527-a(1)(h) (which applies to a free gift or trial lasting more than one month) does not apply on its own terms; we nonetheless disclose the trial-end charge clearly at sign-up as stated above. A discount, retention benefit, or cancellation-effect information is shown only after a cancellation request, never as a condition you must sit through, and we do not refuse to acknowledge, obstruct, or unreasonably delay your cancellation.

Nothing here interferes with, detracts from, or contradicts your ability to give affirmative consent to the trial conversion or to a later renewal, and we do not misrepresent whether the plan renews automatically.

Open point: the exact trial length (7 days) sits below both California's and New York's trial-specific reminder thresholds (31 days and "more than one month," respectively), so neither statute's pre-billing reminder duty is triggered by the trial itself on the facts as given; if you change the trial length to more than 31 days this section needs new timing language. This is drafted on the trial length you stated; flag any change to product/legal together.

Legal basis: references/clauses/term-renewal-and-cancellation.md; references/checklists/subscription-auto-renewal.md; § 309 Nr. 9, § 312k BGB; 15 U.S.C. § 8403; Cal. Bus. & Prof. Code §§ 17601-17606; N.Y. GBL § 527-a.

5. Changes to these terms¶

We may update these terms from time to time. Where a change is more than a minor clarification, a correction of an error, or an adjustment required to keep Stridewell lawful, safe or secure, we tell you about it in advance, state the reason for the change and when it takes effect, and give you a reasonable period before it applies.

EU consumers. Where you are a digital-service subscriber, a change is permitted only where this contract itself allows it and states a valid reason, the change carries no extra cost for you, you are told about it clearly, and, where it does more than minimally and negatively affect your access or use, you are told reasonably in advance, on a durable medium, with at least 30 days to terminate free of charge or keep the unmodified version instead.

Germany. A clause letting us change these terms, including price, through your silence or continued use, with no substantive limit on what can be changed, is invalid, even where we also offer a matching special termination right.

US. No change applies to a dispute that has already accrued before the change takes effect, and no change binds a person who has only browsed Stridewell without subscribing.

Legal basis: references/clauses/changes-to-terms.md; UCTD Annex points (i), (j), (k); § 308 Nr. 4, § 309 Nr. 9 BGB; Art. 19 DCD; § 327r BGB.

6. The right to withdraw (EU and Germany only)¶

If you are an EU consumer, see the separate withdrawal-information.md document for the complete, statutorily required withdrawal information, including the German Muster-Widerrufsbelehrung and model withdrawal form. This section states only that the right exists and cross-references that document; do not treat this short paragraph as a substitute for the full withdrawal information, which must be given to you in its complete, correctly filled-in form before you are bound.

This right applies only where Stridewell Plus is not a distance financial-services contract (it is not) and does not apply to US users; see references/clauses/withdrawal-eu.md for why no equivalent US right exists under the sources available to this drafting aid.

Legal basis: references/clauses/withdrawal-eu.md; Art. 9-16a CRD; §§ 355-361 BGB.

7. What Stridewell Plus delivers (conformity)¶

We supply Stridewell Plus so that it matches what this contract describes and promises, and, on top of that, has the quantity, quality, and performance a consumer may reasonably expect for a subscription of this kind, including its usual functionality, compatibility, and security.

We keep Stridewell Plus updated, including with security updates, for as long as your subscription runs. We tell you when an update is available and what happens if it is not installed.

If Stridewell Plus does not match what this section promises, you can ask us to fix it. We have a free choice of how to bring it into conformity. The fix is free of charge, happens within a reasonable time, and causes you no significant inconvenience. If the fix does not happen in time, fails, or we refuse or will clearly not do it, you can ask instead for a price reduction, or can end the contract unless the problem is only minor.

EU consumers. We state the liability period as running for the whole period Stridewell Plus is supplied to you, consistent with the continuous-supply rule for a digital service. Fixes are free of charge, within a reasonable time, without significant inconvenience. Termination is unavailable for a merely minor lack of conformity, and we carry the burden of proving the shortfall is minor.

Germany. We use the German terms for the two conformity layers (vertraglich vereinbarte Beschaffenheit and the objective requirements) and the limitation periods those statutes set for continuous digital-service supply.

US. We do not currently issue a written warranty for Stridewell Plus beyond what this section states; if we do in the future, we caption it conspicuously as either "full (statement of duration) warranty" or "limited warranty," with no other designation.

Legal basis: references/clauses/warranty-and-conformity.md; Art. 6-8 DCD; §§ 327d-327f BGB.

8. Liability¶

Nothing in these terms limits or excludes a liability that the law does not let us limit or exclude. In particular, nothing here limits our liability for death or personal injury, for our own fraud or intentional wrongdoing, for a grossly negligent breach of duty, for a negligent breach of a duty essential to this contract, or for liability a specific statute states cannot be contracted away.

Outside what the paragraph above protects, our liability for a negligent breach of a duty that is not essential to this contract is limited to the loss that was foreseeable and ordinary for a contract of this kind. We are not liable for indirect or consequential loss, including lost profit or lost data, except where the paragraph above says this clause cannot limit that liability.

EU consumers. Nothing in this section reaches liability for death or personal injury caused by our own act or omission, or unduly excludes or limits your legal rights for non-performance or defective performance. This clause is written in plain, intelligible language that lets you work out its real economic consequences.

Germany. No clause excludes or limits liability for death, personal injury, or harm to health arising from a negligent breach of duty by us, or an intentional or negligent breach by our staff or agents, with no carve-out for any contract type. No clause excludes or limits liability for other damage arising from a grossly negligent breach of duty, except the statute's own narrow carve-outs.

US. We provide Stridewell Plus on an "as is" and "as available" basis to the fullest extent the law allows, and disclaim incidental and consequential damages, except where the law does not let us. Our total liability is capped at the greater of USD 100 or the subscription fees you paid us in the twelve months before the claim arose. For a California subscriber, no release, disclaimer or limitation clause in this section exempts us from our own fraud, from willful injury, or from a violation of law.

Open point: the USD 100 figure above is a placeholder for your own commercial decision on the US liability cap; this skill's references do not state or suggest a specific dollar figure, and the amount is yours and counsel's call to set.

Legal basis: references/clauses/liability-and-disclaimers.md; UCTD Annex (a), (b); § 309 Nr. 7 BGB.

9. Age¶

Stridewell Plus is available only to users aged 16 and over. By subscribing, you confirm you are at least 16 years old.

EU consumers. This age floor sits at the top of the GDPR's own Article 8 band for a child's consent to an information-society service (13 to 16, depending on Member State), so it clears that floor regardless of which figure a specific Member State has chosen within the band.

US. This age floor is well above the COPPA threshold (under 13); Stridewell does not knowingly collect personal information from a child under 13.

Open point: whether your 16-year minimum is a deliberate choice to clear every EU Member State's GDPR floor at once, or a separate product policy decision, is not settled by your message; see open-points.md, question 5.

Legal basis: references/clauses/children-and-age.md; Art. 8 GDPR.

10. Governing law and jurisdiction¶

EU consumers (Germany, Austria and other EU markets). This agreement is governed by German law. This choice of law does not deprive you of the protection of any mandatory rule of the law that would apply, under the law of the country where you have your habitual residence, in the absence of this clause. You may bring proceedings against us in the courts of Germany, or, at your own choice, in the courts of your own EU member state of domicile; we may bring proceedings against you only in the courts of your own member state of domicile.

US consumers (California, New York). This agreement and any dispute arising out of or in connection with it are governed by the law of [governing law jurisdiction to be confirmed with counsel], without regard to its conflict-of-law rules. [State whether a named court's jurisdiction is exclusive or non-exclusive before this ships.]

Open point: the US governing-law jurisdiction is left as a placeholder pending your and counsel's choice; nothing in your message states which US state's law you want to govern the US module.

Legal basis: references/clauses/governing-law-and-jurisdiction.md; Rome I Art. 6; Brussels Ia Art. 18, 19, 25; Case C-191/15 VKI v Amazon.

11. Notices and communications¶

We send a notice required under this agreement to the email address on your account, or through a message inside Stridewell, unless this agreement states a different channel. A notice to us goes to support@example-fitness.test.

EU consumers. A notice or confirmation this agreement or the law requires is given on a durable medium: something that lets you store information addressed personally to you, unchanged, for as long as its purpose needs. A bare link to a webpage is never a durable medium on its own.

US. A contract, signature, notice or other record is not denied legal effect only because it is electronic.

Legal basis: references/clauses/notices-and-communications.md.

12. What this document does not cover¶

These subscription terms do not state Example Fitness GmbH's acceptable-use rules, dispute-resolution process, intellectual-property terms, or the full privacy notice that governs your workout, heart-rate and body-weight data; those sit in separate documents not drafted as part of this delivery. See open-points.md for what remains to be drafted before launch.

Drafting aid, not legal advice. Law as of 2026-10-20. A qualified lawyer must review this document before Example Fitness GmbH relies on it.