Terms and conditions checklist for activity data services

The principle: unfair terms do not bind

In the European Union, a term in a consumer contract that causes a significant imbalance at the consumer's expense is not binding, and a court will not rewrite it into a version that would have been acceptable. Broad terms copied from large platforms therefore offer little protection, and can expose a company to fines. Narrow, clearly explained terms are both fairer and more effective.

Keep the privacy policy separate from the terms. Accepting the terms is not consent to processing personal data, and consent may not be made a condition of a contract where the processing is not necessary for it.

1. 1. Write terms a consumer can understand, and give the key information before purchase

   Terms must be written in plain and intelligible language. Before a consumer buys, they must be told the price, renewal terms, duration, how to cancel, the right of withdrawal, and which devices and services your product works with.

   Article 5 Directive 93/13/EEC; Article 6 Directive 2011/83/EUEffort: about half a day

   How to do this

   1. Show price, billing period, renewal and cancellation on the purchase screen, not only in the terms.
   2. List compatible devices and platforms, and say that connections depend on third parties (item 12).
   3. If prices are personalised by an algorithm, say so.
2. 2. Limit how you may change the terms and the service

   A term that lets you change the contract or the service at will is likely to be unfair. Changes are permitted for valid reasons stated in the contract, with advance notice, and, where the change is to the athlete's disadvantage, a right to cancel free of charge.

   Annex points 1(j) and 1(k) Directive 93/13/EEC; Article 19 Directive (EU) 2019/770Effort: about two hours

   How to do this

   1. List the reasons for which you may change the service, for example changes to a connected platform's API, legal requirements, security and new features.
   2. Give notice of changes that have more than a minor negative impact in advance, by email or in the app, and allow cancellation free of charge within 30 days.
   3. Do not charge extra for a change you make.

   [Service] connects to services operated by other companies, such as Garmin and Apple. These companies can change or end access to their data. If that removes or significantly limits a feature you pay for, we will tell you as soon as we know, and you may cancel your subscription free of charge and receive a refund for the remaining period.

   Note: these rules also apply to free accounts where the athlete provides personal data that you use for purposes other than providing the service, such as analytics or advertising.

3. 3. Provide the right of withdrawal, and a withdrawal button

   Consumers can withdraw from an online contract within 14 days. Since 19 June 2026, an online interface must offer a clearly labelled withdrawal function that is easy to find throughout the withdrawal period.

   Articles 9, 11a, 14 and 16 Directive 2011/83/EUEffort: about a day of development

   How to do this

   1. Add a function labelled "Withdraw from contract here" or similar, with a confirmation step. Do not ask for a reason.
   2. Confirm the withdrawal on a durable medium, such as email, with the date and time.
   3. If the athlete asks to start immediately, record that request. For a subscription, they then owe an amount in proportion to the period used.

   Note: how these rules apply to subscriptions purchased through the App Store or Google Play is not settled, because the store may be the seller. Ask your lawyer.

4. 4. Make subscriptions easy to cancel

   National laws set further rules for subscriptions. Germany requires a cancellation button for online subscriptions and limits automatic renewal. California requires express consent to renewal, online cancellation and an annual reminder.

   Sections 309 and 312k BGB (Germany); California Business and Professions Code § 17600 and followingEffort: about a day of development

   How to do this

   1. Allow cancellation in the same place and in as few steps as sign-up.
   2. Send a reminder before an annual subscription renews, and before a free trial converts to a paid one.
   3. Tell subscribers in advance about price increases, with the option to cancel.

   Note: the EU is expected to propose further rules on subscriptions and design practices in a Digital Fairness Act. The practices above are likely to be in line with them.

5. 5. Do not exclude liability that cannot be excluded

   A consumer contract may not exclude liability for death or personal injury, and most countries also prohibit excluding liability for intent and gross negligence. From 9 December 2026, the new Product Liability Directive applies to software, and its liability cannot be excluded either.

   Annex point 1(a) Directive 93/13/EEC; Directive (EU) 2024/2853Effort: about an hour

   How to do this

   1. Replace "as is" and "no liability" clauses with a limitation that excludes death, personal injury, intent, gross negligence and liability under mandatory law.
   2. Do not exclude the statutory remedies for a service that does not work as agreed: repair, price reduction and termination.

   Common mistake: a liability clause copied from US terms, which in Europe is likely to be void in its entirety.

6. 6. Describe your service as fitness, not medicine

   Software intended to diagnose, prevent, monitor, predict or treat a disease or injury is a medical device. Whether it is depends on the intended purpose you state in your terms, app store listing and marketing. A disclaimer in the terms does not help if your marketing makes medical claims.

   Article 2(1) Regulation (EU) 2017/745; MDCG 2019-11Effort: about two hours

   How to do this

   Examples of claims

   Fitness and wellbeing	Likely to be medical
   Shows your training load and recovery	Detects overtraining syndrome
   Estimates your fitness	Detects irregular heart rhythms
   Helps you train consistently	Prevents injuries
   Plans training around your cycle	Predicts fertile days for contraception

   [Service] provides information to support your training. It is not a medical device and does not diagnose, prevent or treat any condition. Consult a doctor before starting a new training programme, especially if you have a medical condition, and stop exercising if you feel unwell.

   Tip: review your app store listing and website with the same care as your terms. They are part of how your intended purpose is assessed.

7. 7. Respect consumers' own law and courts

   You may choose the law that governs your terms, but it cannot deprive consumers of the protection of the law of their own country, and the terms must say so. Consumers can always sue, and can only be sued, in their own country.

   Article 6 Regulation (EC) 593/2008; Articles 18 and 19 Regulation (EU) 1215/2012; CJEU case C-191/15Effort: about an hour

   How to do this

   1. Add to your choice of law that consumers keep the protection of the mandatory law of their country of residence.
   2. Do not require European consumers to use arbitration or a court in another country.
   3. Remove any link to the EU online dispute resolution platform. It was closed in July 2025.
8. 8. State a minimum age, consistent with your privacy policy

   Set a minimum age, and explain how younger athletes may use the service with a parent's consent, if at all. Use the same ages as your privacy policy. Minors' capacity to enter into contracts depends on national law.

   Article 8 GDPR; national contract lawEffort: about an hour

   How to do this

   Item 8 of the privacy policy checklist lists the age of digital consent per country and how to ask for age.

9. 9. Take only the rights you need over athletes' content

   You need a licence to store and show the content athletes upload, such as photos, notes and routes. A perpetual, unlimited licence for any purpose is likely to be unfair. The use of personal data is governed by your privacy policy, not by a licence in your terms.

   Article 3 Directive 93/13/EEC; Article 6 GDPREffort: about an hour

   How to do this

   Your activities, data and content remain yours. You give us permission to store, process and display them, in line with your privacy settings, only to provide and improve [Service]. This permission ends when you delete the content or your account, except for content you have shared with others and copies in backups that are deleted on a fixed schedule. The software, models and features of [Service] belong to us.

10. 10. If athletes can post content, explain your rules and moderation

    Activity feeds, comments, photos, clubs and public routes make your service a hosting service. Your terms must explain what content is not allowed, how you moderate it, and how athletes can complain. You must offer a way to report illegal content, and give reasons when you remove content or suspend an account.

    Articles 14, 16 and 17 Regulation (EU) 2022/2065Effort: about a day

    How to do this

    Note: micro and small enterprises are exempt from the additional obligations for online platforms, such as the internal complaint system. The obligations in this item still apply to them.

11. 11. Set fair rules for ending the contract, and let athletes take their data

    State the grounds on which you may suspend or close an account, give reasonable notice except in cases of serious breach, refund unused prepaid periods, and allow athletes to export their data before it is deleted.

    Annex point 1(g) Directive 93/13/EEC; Article 16 Directive (EU) 2019/770; Article 20 GDPREffort: about an hour

12. 12. Include the terms your data sources require you to pass on

    Some platforms require your terms with athletes to include provisions that protect the platform. Most prohibit terms that conflict with their own. If you provide data to business customers, the platform's restrictions must also be included in those contracts.

    Platform developer termsEffort: about an hour per platform

    How to do this

    1. For each platform, list the provisions its developer terms require in your agreement with athletes. Garmin's agreement, for example, requires a written agreement with each end user with protections for Garmin's benefit.
    2. Check that nothing in your terms conflicts with a platform's terms, for example a promise to share data that a platform does not allow you to share.
    3. In contracts with business customers, include the restrictions of each platform whose data they receive, and require deletion when an athlete disconnects.

    See also: items 3 and 4 of the privacy policy checklist, which cover the same obligations for your privacy policy.

1. 13. Start with a summary in plain language

   Begin your terms with a short summary of what athletes agree to: what they pay, how to cancel, who owns their data, and what you are not responsible for. A summary does not replace the terms, but it shows good faith.

   Beyond the legal minimumEffort: about an hour

2. 14. Publish a change log

   Date each version of your terms, keep previous versions available, and summarise what changed and why.

   Beyond the legal minimumEffort: about an hour per change

3. 15. If you make a device, state how athletes can access its data

   For connected products placed on the market from 12 September 2026, the Data Act requires information before purchase on the data the product generates and how to access it, and a contract with the user before you use non-personal product data. Exempt small companies are advised to provide this information anyway.

   Articles 3 and 4(13) Regulation (EU) 2023/2854Effort: about half a day

4. 16. Plan for accessibility requirements

   Since June 2025, online services through which consumers enter into contracts, such as a subscription checkout, must meet accessibility requirements and be described in the terms or an equivalent document. Micro enterprises, with fewer than 10 staff and turnover or balance sheet of at most €2 million, are exempt.

   Directive (EU) 2019/882Effort: depends on your product

Working with a lawyer

A review is faster and less expensive when you arrive prepared. Bring the following:

• your current terms, privacy policy and purchase screens;
• your app store listings and the marketing texts that describe what the product does;
• the developer terms of each platform you connect to, with the version you accepted;
• the countries where you sell, and whether you sell through app stores, your website or both.

Ask in particular for advice on the questions that require legal judgement: whether any of your claims could make your product a medical device, how withdrawal and cancellation rules apply to purchases through app stores, and which national rules apply in your main markets.