Terms & Conditions

§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter "Terms") apply to all contracts for the use of the fytrr platform (hereinafter "Platform") concluded between Tobias Lobitz (hereinafter "Provider") and the user (hereinafter "Customer").

(2) The Platform offers a service for the automated creation of personalized workout and nutrition plans using artificial intelligence.

(3) Deviating conditions of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.

§ 2 Conclusion of Contract

(1) The contract is concluded through the use of the Platform and the request for a workout or nutrition plan.

(2) By using the Platform, the Customer accepts these Terms as well as the Privacy Policy.

(3) Contract execution and communication are conducted in German or English.

§ 3 Scope of Services

(1) The Provider makes available a web platform through which customers can have personalized workout and nutrition plans created.

(2) The plans are created based on data provided by the Customer (weight, height, age, fitness goals, etc.) using AI technology and delivered via email in PDF format.

(3) The Provider does not guarantee specific availability of the Platform. The Provider is entitled to temporarily take the Platform out of operation for technical or maintenance reasons.

(4) The Provider reserves the right to expand, modify, or discontinue services at any time.

§ 4 Prices and Payment

(1) The currently valid prices are visible on the website and include applicable sales tax.

(2) Payment is made through the payment service provider offered on the Platform (Polar.sh).

(3) The Provider reserves the right to adjust prices at any time. Payments already made are not affected by price changes.

§ 4a Subscriptions

(1) The Provider offers use of the Platform via mobile applications (iOS and Android) through paid subscriptions. The following subscription models are available:

• Monthly Subscription: Monthly billing with a duration of one month
• Annual Subscription: Annual billing with a duration of twelve months

(2) Automatic Renewal: All subscriptions automatically renew for the respectively booked period (monthly or annually) unless the subscription is cancelled before the end of the respective period. Renewal occurs at the then-current price, unless a different arrangement applies according to paragraph 6.

(3) Billing Through App Stores: Subscription fees are billed exclusively through the respective app store provider (Apple App Store for iOS devices or Google Play Store for Android devices). The Customer enters into a separate payment contract with the respective app store provider. The terms and conditions and privacy policies of Apple Inc. (Apple Media Services Terms and Conditions) or Google LLC (Google Play Terms of Service) apply to payment processing.

(4) Cancellation and Cancellation Process: The subscription must be cancelled by the Customer through the subscription management of the respective app store:

• Apple App Store (iOS): Settings → Apple ID → Subscriptions → Select fytrr → Cancel Subscription
• Google Play Store (Android): Open Google Play Store → Menu → Subscriptions → Select fytrr → Cancel Subscription

Cancellation directly through the Provider (fytrr) is not possible. Cancellations must be made at least 24 hours before the end of the current billing period to prevent automatic renewal.

(5) Effective Date of Cancellation: Cancellation becomes effective at the end of the current, already paid billing period. Upon cancellation during an ongoing period, the Customer retains full access to all Premium features of the Platform until the end of that period. No prorated refund is provided for unused days within the paid period.

(6) Price Adjustments: The Provider reserves the right to adjust subscription prices. Existing customers will be informed of price increases at least 30 days in advance. The price increase becomes effective only from the next renewal period after expiration of the notice period. The Customer has the right to cancel the subscription before the price increase takes effect according to paragraph 4. Price reductions apply immediately upon announcement.

(7) Premium Subscription Features: The subscription includes access to Premium features including personalized AI-generated workout and nutrition plans, progress tracking, and advanced analytics features. The specific scope of services is determined by the description in the mobile application and may change as part of updates and further development.

(8) Applicable Terms and Conditions of App Store Providers: In addition to these Terms, the terms and conditions of the respective app store provider apply to in-app purchases and subscriptions. In case of conflicts between these Terms and the conditions of the app store providers, the conditions of the app store providers prevail to the extent legally permissible.

(9) International Legal Compliance: These subscription terms have been designed taking into account the legal requirements of various jurisdictions:

• Germany and EU: These terms comply with the requirements of the General Data Protection Regulation (GDPR), the German Civil Code (BGB), and the Act Against Unfair Competition (UWG).
• United Kingdom: These terms take into account the Consumer Rights Act 2015 and ensure appropriate consumer rights for customers residing in the United Kingdom.
• United States: These terms have been drafted in compliance with consumer protection laws of relevant US states, particularly California (California Consumer Privacy Act), New York, and other jurisdictions.

(10) No Prorated Refunds: In case of early cancellation, non-use of services, or account suspension due to violation of these Terms, no prorated refund of already paid subscription fees will be provided. Statutory claims, particularly for reversal in case of validly exercised right of withdrawal or in case of service defects, remain unaffected.

(11) Right of Withdrawal for Subscriptions: The right of withdrawal under § 6 of these Terms also applies to subscriptions. Consumers can withdraw from the subscription contract within 14 days without stating reasons. The right of withdrawal expires prematurely if the Customer has expressly agreed that the Provider begins execution of the contract before expiration of the withdrawal period, and the Customer has confirmed knowledge that consent results in loss of the right of withdrawal upon commencement of contract execution. Exercise of the right of withdrawal is made to the Provider according to § 6 of these Terms; refund of payments already made must be requested through the respective app store provider.

§ 5 Customer Obligations

(1) The Customer is obligated to provide truthful information. False or misleading information may result in incorrect or unsuitable plans.

(2) The Customer is solely responsible for implementing the created plans and must consider their physical condition and any health restrictions.

(3) The Customer may not use the Platform abusively or in violation of applicable law.

§ 6 Right of Withdrawal

(1) Consumers have a statutory right of withdrawal.

§ 7 Liability and Warranty

(1) The Provider is liable according to statutory provisions for intent and gross negligence as well as for injury to life, body, or health.

(2) Otherwise, the Provider is only liable for breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to foreseeable, contract-typical damage. To the extent permitted under US law, including state-specific liability limitations, these limitations apply to users in the United States.

(3) Liability under the Product Liability Act remains unaffected.

(4) Further liability is excluded to the extent permitted by applicable law.

§ 8 Copyright and Usage Rights

(1) All content and works created by the Provider on this Platform are subject to German and international copyright law.

(2) The created workout and nutrition plans are exclusively for the personal, non-commercial use of the Customer.

(3) Distribution, reproduction, or commercial use of the plans is not permitted without express consent of the Provider. This applies to all jurisdictions where fytrr operates, including the United States.

§ 9 Data Protection

The Provider processes personal data of the Customer in accordance with applicable data protection regulations. Details can be found in the Privacy Policy, which is available on the website. For users in the United States, processing complies with applicable federal and state privacy laws.

§ 10 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For users outside Germany, this choice of law applies to the extent permitted by mandatory consumer protection laws of their jurisdiction.

(2) If the Customer is a merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the Provider's place of business.

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