EN · Legal
Terms of Service
Terms governing the use of enduringmotion.com, the provision of electronic services, and the supply of digital content.
Last updated: 21.03.2026
§ 1. General provisions
These Terms of Service govern the use of enduringmotion.com, the provision of electronic services through the Website, and the offering and supply of digital content made available through the Website.
The Website operator and service provider is:
- Andrzej Ziombra
- Seestr. 59B, 70174 Stuttgart, Germany
- Email: contact@enduringmotion.com
These Terms are made available free of charge on the Website in a form that allows users to store and reproduce them.
Users must use the Website and the services offered through it in accordance with applicable law, accepted standards of conduct, and these Terms.
Users must not provide unlawful content through the Website.
§ 2. Definitions
For the purposes of these Terms, the following definitions apply:
- Service Provider: Andrzej Ziombra, operator of the Website and provider of the services offered through it.
- Website: the website available at enduringmotion.com.
- User: any person visiting the Website or using services provided electronically.
- Consumer: a natural person acting for purposes which are predominantly outside their trade, business, or profession.
- Digital Content: data produced and supplied in digital form, in particular PDF training plans, guides, informational materials, or other digital materials offered on the Website.
- Digital Product: paid or free Digital Content offered through the Website.
- Contract: a contract for the provision of electronic services or a contract for the supply of Digital Content, depending on the nature of the service concerned.
- Newsletter: a service consisting of sending email messages containing informational, educational, editorial, commercial, or marketing content.
- Paddle: an external checkout and payment provider acting as Merchant of Record for paid orders processed through its infrastructure.
§ 3. Scope of electronic services
The Service Provider offers the following electronic services:
- making content published on the Website available,
- enabling contact with the Service Provider via contact form or email,
- enabling Newsletter subscription,
- enabling users to proceed to the purchase flow for a Digital Product,
- enabling access to a purchased Digital Product through a download link, email, or purchase confirmation page,
- enabling downloads of free digital materials made available on the Website.
§ 4. Technical requirements
To use the Website and the electronic services properly, the following are required:
- a device with internet access,
- an up-to-date web browser supporting standard web technologies,
- an active email address where a service requires email communication,
- software capable of opening PDF files where a Digital Product is supplied in PDF format.
The Service Provider takes reasonable measures to ensure the proper operation of the Website. However, uninterrupted availability of all functionalities cannot be guaranteed, in particular in cases of maintenance, force majeure, or outages affecting external providers.
Users bear the ordinary costs of internet access in accordance with their own provider’s tariff.
§ 5. Rules of use
Users must use the Website in a manner that does not infringe the rights of the Service Provider, third parties, or the proper functioning of the Website.
In particular, the following are prohibited:
- providing unlawful content,
- taking actions that may disrupt the operation of the Website,
- attempting to circumvent the Website’s technical safeguards,
- collecting data of other users without authorization,
- using Digital Products in a manner inconsistent with the granted licence.
§ 6. Digital Products
The Service Provider offers Digital Products through the Website, in particular PDF files containing training plans, race strategy materials, guides, and other digital materials described on the Website.
Each Digital Product is accompanied by a description of its essential features, scope, format, and method of delivery. This information is made available before the order is placed.
Unless expressly stated otherwise in the relevant product description, Digital Products are informational and educational in nature.
Unless expressly stated otherwise, Digital Products do not constitute medical, diagnostic, therapeutic, rehabilitative, or individual medical advice.
Unless expressly stated otherwise, Digital Products are not individually prepared 1:1 coaching services based on a separate consultation, but digital materials with a defined scope and purpose.
§ 7. Orders and conclusion of contract
A User may order a Digital Product by selecting the product on the Website, proceeding to the checkout flow, and completing the steps indicated in the purchase interface.
Before placing an order, the User is provided with information about:
- the main characteristics of the product,
- the total price,
- payment terms,
- the method of delivery,
- the right of withdrawal or the circumstances in which it expires,
- the entity handling checkout and payment processing.
The binding order is placed in the checkout of the external payment provider.
For paid Digital Products, payment processing and the formal conclusion of the sales contract are handled through Paddle, acting as Merchant of Record. The specific seller information, billing terms, and payment methods are displayed in the checkout flow.
The Service Provider remains responsible for the Website, the presentation of the Digital Products, the content of the materials made available through the Website, and support concerning access to those materials, unless mandatory law or the checkout provider’s terms provide otherwise.
§ 8. Prices and payment
The prices of Digital Products are displayed on the Website alongside the relevant product.
Prices are shown in EUR and include taxes where indicated in the checkout flow.
Payments are processed through Paddle.
A Digital Product is made available after successful payment, unless the product description expressly provides otherwise.
The Service Provider is not liable for temporary unavailability of payment systems caused by circumstances attributable to external payment providers.
§ 9. Delivery of Digital Products
A Digital Product is made available without undue delay after payment confirmation or transaction confirmation, unless a different timeframe is expressly stated in the product description.
A Digital Product may be delivered by:
- an email containing a download link,
- a purchase confirmation page containing download access.
The User must provide a valid email address. The Service Provider is not responsible for non-delivery resulting from an incorrect email address provided by the User, spam filtering on the User’s side, or issues attributable to the User’s email provider.
A download link may have a limited validity period.
If a User encounters problems with access or download, they may contact the Service Provider at contact@enduringmotion.com or via the contact form.
§ 10. Conformity and complaints
Consumers are entitled to statutory rights in the event that supplied Digital Content is not in conformity with the contract.
If a User identifies a problem with a Digital Product, they may submit a complaint.
Complaints may be submitted:
- by email to: contact@enduringmotion.com
- in writing to: Andrzej Ziombra, Seestr. 59B, 70174 Stuttgart, Germany
To help process a complaint efficiently, it is recommended to provide the purchaser’s name, the email address used for the order, the order number or transaction identifier, a description of the issue, and the requested remedy.
Complaints are handled without undue delay. Where a response period is required by mandatory law, that period applies.
Nothing in these Terms excludes or limits any mandatory statutory rights of Consumers.
§ 11. Right of withdrawal
Consumers generally have the right to withdraw from a distance contract within 14 days without giving any reason, unless a statutory exception applies.
In the case of Digital Content not supplied on a tangible medium, the right of withdrawal may expire before the end of the withdrawal period if the legal conditions for such early expiry are met. The relevant process is documented in the checkout and the order confirmation.
Detailed information on the right of withdrawal is provided in the separate Right of Withdrawal notice available on the Website.
§ 12. Licence and intellectual property
Unless expressly stated otherwise, the Service Provider grants the purchaser a non-exclusive, non-transferable licence to use the Digital Product for personal use.
Digital Products may contain a personalised watermark for licence protection purposes.
The purchaser may not, without prior written consent of the Service Provider, in particular:
- resell the Digital Product,
- distribute the Digital Product to third parties,
- publish the Digital Product or substantial parts of it online,
- remove information concerning authorship, copyright, or branding.
This does not affect any rights that cannot be excluded under mandatory law, including lawful private use to the extent permitted by applicable law.
§ 13. Newsletter
The Newsletter service is provided to users who voluntarily subscribe by providing their email address and, where required, confirming the subscription.
The Newsletter may contain editorial, informational, commercial, or marketing content related to the Service Provider’s activity.
A user may unsubscribe at any time via the unsubscribe link included in the Newsletter or by contacting the Service Provider.
§ 14. Contact service
The Website may provide a contact form enabling users to send messages to the Service Provider electronically.
Use of the contact form is voluntary and free of charge.
The Service Provider may use technical measures designed to protect the form against spam and automated abuse.
§ 15. Personal data
Personal data is processed in accordance with the Privacy Policy available on the Website.
Users should read the Privacy Policy before using services that require the submission of personal data.
§ 16. Liability
The Service Provider is liable without limitation for damages caused intentionally or through gross negligence, and for damages resulting from injury to life, body, or health.
In cases of ordinary negligence, liability is limited to breaches of material contractual obligations. In such cases, liability is limited to the foreseeable damage typical for the type of contract concerned.
Mandatory statutory claims, including those under product liability law and statutory rules on the conformity of digital content, remain unaffected.
Where Digital Products contain training or performance-related information, the practical application of such information is entirely the responsibility of the User, taking into account their individual health circumstances.
Nothing in these Terms excludes or limits any mandatory statutory rights of Consumers.
§ 17. Governing law and consumer protection
These Terms are governed by German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Where the User is a Consumer habitually resident in another country, the above choice of law does not deprive that Consumer of the protection granted by provisions that cannot be derogated from by agreement under the law of the country of the Consumer’s habitual residence.
§ 18. Out-of-court dispute resolution
The Service Provider is not obliged and does not generally agree to participate in dispute resolution proceedings before a consumer arbitration board, unless mandatory law provides otherwise in a specific case.
§ 19. Final provisions
If any provision of these Terms is found to be invalid or ineffective, the remaining provisions remain in force to the fullest extent permitted by law.
The Service Provider may amend these Terms for important reasons, in particular due to changes in law, technical changes, changes in the scope of services, or changes in business details. The updated version is published on the Website together with the date of the latest update.
For contracts concluded before an amendment, the version of the Terms accepted at the time of the order remains applicable unless mandatory law provides otherwise.