Terms of Service

Last updated: 28 August 2026

Deutsche Version English

This English version is a courtesy translation. The legally authoritative document is the German AGB.
1. Scope, contracting party 2. Service description 3. Registration, minimum age 4. Contract conclusion 5. Prices and payment 6. Beta phase 7. Pro trial 8. Term and cancellation 9. Right of withdrawal 10. User obligations 11. Content and rights 12. Availability 13. Liability 14. Data protection 15. Changes 16. Final provisions

1. Scope, contracting party

These Terms of Service govern the use of the TourKit platform, available at tourk.it and the associated web app, between users and the provider:

Darren Tipton, Parkstraße 23, 85604 Zorneding, Germany
Email: contact@tourk.it (see also the Legal Notice).

These Terms apply in the version in effect at the time of contract conclusion. Deviating terms from users do not apply unless we have expressly agreed to them.

2. Service description

TourKit is a Software-as-a-Service platform for cyclists. It provides, among other things, route planning, training planning, activity analysis, optional integration with third-party services (e.g. Strava, Garmin, Intervals.icu), and — in the paid variant — the AI-powered training assistant "Coach Chat".

TourKit is offered in two variants:

The features included at any given time are described on tourk.it at the time of contract conclusion. We reserve the right to adapt or discontinue individual features for objective reasons (e.g. technical changes, the loss of third-party services), provided this is reasonable for users.

3. Registration, minimum age

Using TourKit requires creating a user account. Information provided at registration must be truthful. Credentials must be kept confidential and protected from third-party access. Any suspected misuse must be reported to us without delay.

TourKit is intended exclusively for persons who have reached the age of 16. By registering, the user confirms that they are at least 16 years old.

Only one account per person is permitted. Sharing of credentials or shared use of an account by multiple persons is not allowed.

4. Contract conclusion

The display of features and prices on tourk.it does not constitute a binding offer but rather an invitation to make an offer. By clicking the relevant order or registration button, you submit a binding offer to conclude a contract.

For paid features, a summary of the order details is shown before final confirmation. You will receive an order confirmation by email; this also constitutes our acceptance of your offer.

5. Prices and payment

The prices in effect at the time of contract conclusion apply:

The provider is a small business under § 19 UStG (German VAT Act); no VAT is shown on invoices issued by the provider.

Payment is processed by Stripe (Stripe Payments Europe Ltd., Ireland) using the payment methods offered there. Payment data is processed exclusively by Stripe; see section 9 of the Privacy Policy.

Subscription fees are charged in advance at the start of each billing period (monthly or annual). In the event of failed payment, we reserve the right to suspend access to paid features after a reasonable grace period.

Price changes are announced at least six weeks in advance by email. If you do not object to the price change within six weeks, or do not cancel, the new pricing is deemed accepted. We will expressly point out this consequence in the notification.

6. Beta phase

During the public beta phase, TourKit Pro features are expected to be available free of charge. The end of the beta phase and the start of paid use will be announced to all users at least four weeks in advance by email. No user will be auto-enrolled in a paid subscription without prior information and express consent.

Expected transition into regular operation: [Date TBD].

During the beta phase, individual features may be incomplete or subject to short-notice changes. No claim to specific availability levels or feature scope applies during this phase.

7. Pro trial

After the end of the beta phase, or for new registrations in regular operation, users can try the paid Pro features free of charge for 14 days ("Pro trial"). No payment information is required to start the trial.

At the end of the trial period, the account is automatically downgraded to the free variant (TourKit Basic) unless you have actively subscribed to a Pro plan beforehand. There is no automatic conversion into a paid subscription.

8. Term and cancellation

The contract for TourKit Basic is concluded for an indefinite period and can be terminated by either side at any time. You can terminate by deleting your account in the account settings.

Pro subscriptions automatically renew at the end of each billing period for another period of the same length unless you cancel by the end of the current period. Cancellation is done directly in account settings; no particular form is required.

Upon cancellation you can continue using TourKit Pro until the end of the period already paid for; pro-rata refunds of fees already paid are not made except as required by section 9 (Right of withdrawal) or by mandatory law.

The right to extraordinary termination for cause remains unaffected. Important reasons on the provider's side include in particular:

We also reserve the right to discontinue the service entirely with at least eight weeks' notice; in that case, Pro payments already made will be refunded on a pro-rata basis.

9. Right of withdrawal

Consumers (§ 13 BGB) entering into a paid distance contract have a statutory right of withdrawal. Details — in particular the period, form, and consequences of withdrawal, as well as the model withdrawal form — are set out in our Withdrawal Notice.

If you expressly request that the Pro service begin before the withdrawal period has expired, you owe in the event of valid withdrawal a reasonable value compensation for the service already provided up to that point (pro-rata subscription fee; § 357(8) BGB).

10. User obligations

You undertake in particular:

In the event of breaches we may remove the affected content and — depending on severity — suspend the account or terminate the contract for cause.

11. Content and rights

You retain all rights to content you upload (routes, GPX files, activity data, text, notes). You grant us a simple, non-exclusive licence — limited in territory and time to the duration of the contract — to store, process, and serve this content back to you, and where required for the relevant feature to pass extracts to the processors listed in the Privacy Policy.

With respect to platform content itself (software, designs, text, logos, Coach Chat outputs), all rights remain with us or the respective rightsholders. You receive a non-transferable, simple right to use the platform in accordance with the contract.

Both rule-based Insights (computed locally on our servers, with no external AI) and the responses of Coach Chat (AI-generated via Anthropic's API) are algorithmically produced outputs and may be wrong. They do not constitute medical, sports-medicine, physiotherapy, or professional coaching advice; acting on them is at your own risk.

12. Availability, maintenance

We aim for high availability but give no express availability guarantee (no SLA). Short interruptions for maintenance, updates, or to fix issues may occur and will be announced where feasible.

Features that rely on third-party services (maps, routing, Strava, Garmin, Intervals.icu, Stripe, AI inference) may be affected by outages or changes at those third parties. We assume no responsibility for those third parties, but we will work to restore or replace affected features promptly.

13. Liability

We are liable without limitation for damages arising from injury to life, body, or health based on an intentional or negligent breach of duty, and for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives, or our agents.

For breach of cardinal duties (essential contractual duties whose fulfilment is required for the proper performance of the contract and on whose observance you may regularly rely), we are also liable for slight negligence, but limited to the foreseeable, contract-typical damage at the time of contract conclusion.

Liability beyond this is excluded. Liability under the German Product Liability Act remains unaffected.

TourKit is a tool for training and route planning; responsibility for your own conduct in traffic, sport, and health remains with you alone.

14. Data protection

What personal data is processed, for what purposes, on what legal basis, and the rights you have, is described in our Privacy Policy.

15. Changes to these Terms

We may amend these Terms where this is necessary for objective reasons (e.g. changes in the legal framework, new features, technical context) and the change does not unreasonably disadvantage the user.

Intended changes will be notified to you by email at least six weeks before they take effect. If you do not object to the change within six weeks of receiving the notification, or continue to use TourKit after the change takes effect, the changed Terms are deemed accepted. We will expressly point out in the notification your right to object, the deadline, and the consequences. If you do object, the previous version of the Terms remains in force for your contract; in that case, we reserve the right of ordinary termination.

16. Final provisions

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods. As against consumers, this choice of law applies only to the extent that mandatory provisions of the law of the country in which the consumer has their habitual residence do not afford greater protection.

Place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract is — insofar as the user is a merchant, a legal entity under public law, or a public-law special asset — the provider's place of business. For consumers, the statutory venue applies.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.

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