Terms of use

1. Provider and scope

The app “Backyard Control” (web app and Android app) is provided by Juri Hoyer, Reichertshalde 13, 71642 Ludwigsburg, Germany (see Legal notice). These terms apply to the use of the app with an account. By registering, you agree to them.

2. What the app is

Backyard Control helps with planning and supporting backyard ultra races: for runners, crew and organisers — with lap clock, lists, nutrition, the runner’s live position, archive, profile, photos, following and feed. The basic functions are free of charge; individual additional functions may be offered for a fee in the future (section 9). The app is under continuous development; functions may change, be discontinued or be temporarily unavailable. There is no entitlement to permanent availability.

3. Your account

• You must be at least 16 years old to have an account.
• One account per person. Keep your password secret; you are responsible for actions taken under your account unless you are not responsible for the misuse.
• Usernames and display names must not infringe the rights of third parties, must not be offensive and must not mislead about your identity (e.g. by pretending to be another person).

4. Your content

You are responsible for content you post (profile picture, names, photos, descriptions, Backyards, lists, notes, uploaded files). You grant us the simple (non-exclusive), royalty-free right to store this content and to display it as far as this is necessary for the functions of the app and as you specify in your visibility settings. This right ends when you delete the content or your account — except for data that is part of other people’s Backyards (see Privacy policy, section 7).

5. Rules for content and conduct

This applies to everything others can see — profile, photos, posts in the feed, names and descriptions. The following is not permitted:

• Content that infringes the rights of others — such as other people’s photos without permission or images of persons who evidently do not want to be shown.
• Hate, incitement, insults, threats or harassment, content glorifying violence, pornographic or otherwise illegal content.
• Recording or passing on the locations or data of other persons without their knowledge.
• Spam and advertising; automated scraping or overloading of the app, circumventing security mechanisms or using other people’s accounts.

You can report profiles, photos and posts via “Report” or the “…” menu; the reported person does not learn who reported them. You can also send notices of illegal content via the Legal notice. We review reports and may remove content and suspend an account temporarily or permanently. In doing so, we take your legitimate interests into account and inform you where possible.

6. Health and safety

Backyard ultras are an extreme physical strain — over many hours, often through the night, with little sleep. Have a doctor check whether you are healthy enough for such races before taking part.

The app’s pacing, time, nutrition, fluid and caffeine figures are general calculation aids. They are not medical or nutritional advice and are not tailored to your state of health. Times, forecasts, positions, lap detection and nutritional values may be inaccurate or fail (e.g. with poor GPS reception, a flat battery or no network). The app does not replace the official timekeeping and the organiser’s rules, nor medical advice or emergency equipment.

Taking part in races is at your own risk. Listen to your body and stop when necessary — regardless of what the app shows.

7. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act (Produkthaftungsgesetz). In the case of slight negligence, we are only liable if we breach an essential obligation whose fulfilment makes the use of the app possible in the first place and on which you may rely — and then only for the foreseeable damage typically occurring. Otherwise, liability is excluded to the extent permitted by law. We are only liable for the loss of data to the extent that it could not have been avoided by regularly backing up your data (e.g. via the data export).

8. Availability

We strive for trouble-free operation, especially during ongoing races. Maintenance, disruptions at network or hosting providers and further development may, however, temporarily restrict use. We cannot support older app versions indefinitely; in that case we will ask you to update.

9. Purchases and right of withdrawal

If we offer paid content or functions (e.g. via in-app purchase), we will state the price, scope, term and the contracting party before the purchase. Purchases via an app store are processed through that store; its terms apply in addition.

As a consumer, you generally have a right of withdrawal of 14 days for such purchases; you will receive the exact withdrawal instructions before the purchase. For digital content, the right of withdrawal expires early if we begin providing it after you have expressly agreed that we begin before the end of the withdrawal period and you have confirmed that you thereby lose your right of withdrawal.

10. Termination and deletion

You can stop using the app at any time and delete your account yourself in the settings under “Account” → “Delete account”. Beforehand, you can save your data under “Account” → “Download your data”. What happens to your data on deletion is described in the Privacy policy, section 7.

We may terminate use with four weeks’ notice, for instance if the app is discontinued; the right to terminate for good cause (e.g. in the event of serious violations of section 5) remains unaffected.

11. Changes to these terms

We may change these terms with effect for the future if there is an objective reason for doing so (e.g. new functions, paid offers or a change in the legal situation). We will inform you of material changes in the app in good time. If you do not agree, you can delete your account. The “Last updated” date above shows which version applies.

12. Applicable law and data protection

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer with your habitual residence in another country, the mandatory consumer protection provisions of that country remain unaffected. We do not take part in dispute resolution proceedings before a consumer arbitration board. How we handle your data is described in the Privacy policy.