Terms of Service.

These Terms govern your use of the mainact platform, operated by:

In these Terms, "we", "us", and "mainact" refer to Tischar UG. "You" or "User" refer to any registered account holder.

mainact is a software platform that gives independent fitness and wellness instructors a professional online presence and a set of tools to manage their work. For studios it's an instructor management tool — a backoffice for instructor relationships, scheduling, and operations.

mainact is a tool. It is not:

• a booking agent or talent agency;
• an employer or commissioning party for instructors;
• a party to any contract, lesson, cover, or invoice between you and another User;
• a payment processor or escrow service;
• a legal, tax, or insurance advisor.

All economic, contractual, and legal relationships arising from your use of the platform exist directly between Users (for example, between an instructor and the studio that books them). mainact provides the tooling; you provide the agreement and the performance.

We distinguish between two account types:

• Instructor account — for individual practitioners offering classes, workshops, covers, or other services in their own name.
• Studio account — for legal entities or sole proprietors operating one or more fitness or wellness studios that work with instructors.

Each account type has its own onboarding flow, portal, and feature set. Some features are restricted to one type. Where these Terms refer to a "User" without further qualification, both types are meant.

Members of the public ("Sportler", "Clients") who interact with public instructor profiles without registering are not parties to these Terms; their use is governed by our Privacy Policy and the controls of the public site.

By creating an account, you confirm that you have read, understood, and accepted these Terms as well as our Privacy Policy. A binding usage contract between you and mainact is concluded when you complete registration and we activate your account.

If you create the account on behalf of a legal entity (typically a studio), you warrant that you are authorised to bind that entity.

You must be at least 18 years old to create an account. By registering you confirm this. If you act on behalf of a legal entity, the individual representing the entity must also be at least 18 and authorised to represent it.

Accounts are personal to the registered holder (or, for studio accounts, to the registered entity). You may not transfer, sell, or share your account credentials. Each User is responsible for keeping their credentials secure.

Depending on your account type, mainact provides one or more of the following — as currently implemented and subject to change:

For instructors

• a public profile page accessible at a personalised slug URL;
• a portal with class management, availability, reviews, a lightweight CRM, and PDF invoice generation;
• the ability to receive and accept cover requests and to apply for open positions;
• optional Google Calendar synchronisation.

For studios

• a backoffice with onboarding, team management, schedule, a staffing engine, and inbound invoice handling;
• the ability to post cover requests and open positions, and to invite specific instructors.

We may add, modify, or remove features at any time. Where a change materially reduces functionality that you actively use, we will give you reasonable advance notice.

The platform is currently free of charge for instructors and studios during our Friendly-Beta phase. Paid plans will be introduced after this phase concludes, with at least 30 days advance notice to existing Users before any fee applies to them.

No fee will be charged retroactively for usage prior to your express acceptance of the new pricing.

You are responsible for:

• providing accurate, current, and complete information at registration and keeping it up to date;
• the lawfulness of all content you publish on the platform (profile text, photos, videos, class descriptions, offers, reviews you submit, etc.);
• compliance with all tax, social-security, professional, and licensing obligations arising from your activity (mainact does not handle these for you);
• any agreement you enter into with another User through the platform — including its performance, billing, and dispute resolution.

You retain ownership of the content you upload. By uploading content, you grant mainact a non-exclusive, worldwide, royalty-free licence to host, display, reproduce, and distribute that content as necessary to operate the platform — including showing it on your public profile, in search results, in cover-request listings, and in transactional emails to other Users.

You warrant that:

• you own or have all necessary rights to the content you upload;
• for any photo or video showing identifiable people (class participants, workshop attendees, models), you have obtained their written consent for the use of their image on the platform;
• the content does not infringe any third-party rights (copyright, trademark, personality rights, image rights) and does not violate any law.

If a third party credibly claims that your content infringes their rights, we may remove or hide that content at our discretion until the matter is resolved. We will inform you when we do.

Reviews belong to the instructor, not to the studio at which the reviewed class took place. This means:

• when an instructor moves between studios, their reviews move with them;
• studios cannot demand the removal of reviews from an instructor's profile;
• mainact will remove a review only if it credibly violates these Terms or applicable law (e.g., defamation, off-topic content, manipulated reviews, or threats);
• the reviewer is responsible for the accuracy and lawfulness of what they write.

Studios may post cover requests, send direct invitations to instructors, or list longer-term open positions on the platform. Instructors may browse, apply, and accept.

mainact provides the board and the matchmaking surface — it does not verify, endorse, or guarantee:

• the accuracy of any posting;
• the financial reliability or working conditions of the posting studio;
• the qualifications, reliability, or insurance of any applying instructor;
• that any given posting will result in a match or paid engagement.

Once an instructor accepts an invitation or a cover, the resulting engagement is directly between the instructor and the studio. mainact is not a party to it and bears no liability for non-performance, cancellation, or payment default.

The platform offers tooling to generate and submit PDF invoices from instructors to the studios that booked them. The contractual basis of every such invoice is the underlying agreement between instructor and studio. mainact:

• is not the issuer of any invoice;
• does not validate the legal, tax, or VAT compliance of any invoice;
• does not collect, hold, or transfer payments;
• bears no liability for incorrect tax treatment, missing legally-required information, or invoice disputes.

Instructors are solely responsible for ensuring their invoices comply with the rules applicable to them (e.g., §§ 14, 14a, 14b, 19, 22 UStG; Übungsleiterfreibetrag; e-invoicing requirements where applicable). Studios are responsible for the proper handling of received invoices on their side.

We recommend consulting a tax advisor for invoice-related questions.

The platform offers optional integration with Google Calendar to import external events into the platform's calendar view. The integration:

• requires your express consent through the standard Google OAuth flow;
• only requests the minimum scope necessary;
• stores access tokens server-side; tokens are never exposed to your browser or to any other User;
• can be revoked at any time, both from your platform settings and from your Google account security settings.

We are not responsible for the availability, performance, or pricing of third-party services such as Google. If Google changes or terminates its APIs, the integration may stop working.

You agree not to:

• impersonate another person or entity, or misrepresent your affiliation with one;
• create multiple accounts to circumvent restrictions, manipulate reviews, or spam other Users;
• upload illegal content, hate speech, content that infringes third-party rights, or content that endangers minors;
• use the platform to send unsolicited commercial communications to other Users beyond what the platform's normal flows enable;
• scrape, crawl, or automatically harvest data from the platform, except through interfaces we expose for that purpose;
• attempt to circumvent technical access controls, security features, or rate limits;
• reverse-engineer, disassemble, or decompile the platform, except where local mandatory law expressly permits this notwithstanding contractual restrictions;
• use the platform to develop a competing service.

We may suspend or terminate your account if you breach this section.

We aim for high availability but do not guarantee uninterrupted service. The platform may be temporarily unavailable due to maintenance, technical issues, third-party outages, or force-majeure events. During the pre-launch and early-access phase in particular, you should expect:

• downtime windows without advance notice;
• iterative changes to the user interface and feature set;
• the occasional bug.

No service-level agreement (SLA) applies during the Friendly-Beta phase.

To the extent permitted by applicable law:

• Unlimited liability applies for damages caused by intent or gross negligence, for injury to life, body, or health, for warranties expressly given by us, and for liability under the German Product Liability Act (Produkthaftungsgesetz).
• For slight negligence, our liability is limited to damages typically foreseeable at the time of contract formation, and only where we breach a material contractual duty (Kardinalpflicht) — i.e., a duty whose fulfilment is essential for the proper performance of the contract and on whose observance you may regularly rely.
• We are not liable for indirect damages, lost profits, or consequential losses arising from your business relationships with other Users.
• We are not liable for the conduct, content, performance, or non-performance of other Users. Disputes between Users must be resolved between them directly.

Where the platform is provided free of charge, our liability is further limited as permitted by German law (cf. § 521 BGB, § 599 BGB, and analogous provisions).

You will hold mainact harmless from third-party claims arising out of your content, your use of the platform, or your dealings with other Users — including reasonable legal costs — except to the extent the claim is caused by our intent or gross negligence.

You may delete your account at any time via the settings in your portal, or by writing to scharly.timon@gmail.com. Deletion removes your personal data subject to statutory retention obligations (e.g., §§ 147 AO, 257 HGB).

In particular, invoices generated through the platform are retained for 8 years pursuant to § 14b UStG and §§ 147 AO, 257 HGB, even after account deletion. This obligation is on the invoice issuer (the instructor) — mainact maintains technical records to enable compliance.

We may suspend or terminate your account, with or without prior notice, if:

• you materially breach these Terms;
• your use endangers other Users or the platform's security;
• we are required to do so by law or a competent authority;
• you have been inactive for an extended period (we will warn you first).

Termination does not affect rights and obligations that by their nature survive (e.g., the licence to content already shown to third parties pursuant to Section 9, liability for past conduct, settlement of pending invoices).

How we handle your personal data is described in our Privacy Policy. The Privacy Policy is part of these Terms by reference.

We may update these Terms when our service evolves, when legal requirements change, or to clarify wording. We will notify you of material changes by email (to the address on file) at least 30 days in advance and prominently inside the platform. If you do not agree with the changes, you may terminate your account before they take effect. Continued use after the effective date constitutes acceptance.

The European Commission provides an online dispute resolution platform: ec.europa.eu/consumers/odr.

We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

These Terms are governed by German law, excluding its conflict-of-laws rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For Users who are merchants (Kaufleute), legal entities under public law, or special funds under public law (Sondervermögen), the exclusive place of jurisdiction is Stuttgart, Germany. For all other Users, statutory jurisdiction applies.

Severability. If any provision of these Terms is or becomes invalid, the validity of the remaining provisions is not affected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the original.

No oral side agreements. Any amendment to these Terms requires text form.

Contact for legal matters. scharly.timon@gmail.com

Paid 1:1 sessions booked through mainact are a contract between the customer and the instructor; the instructor is the provider and seller of the session. mainact operates the platform and facilitates the booking and payment (processed by Stripe on the instructor's connected account) but is not a party to the session contract.

The price, cancellation, refund and rescheduling rules for 1:1 bookings are set out in our separate Booking Terms, which form part of these Terms for any booking you make.