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Terms and Conditions

As of: October 2026

This is a courtesy translation provided for your convenience. The legally binding version is the German original (AGB). In the event of any discrepancy, the German version shall prevail.

§ 1 Scope and Contracting Party

1.1 These Terms and Conditions (hereinafter "Terms") apply to all contracts between you and Charged Elements GmbH, Breite Str. 159, 22767 Hamburg, Germany (hereinafter "Provider", "we" or "us") regarding the use of the web application "MUSCLE TECHNICS" (hereinafter "App").

1.2 The language available for the conclusion of the contract is German. Any translations of these Terms into other languages are provided for informational purposes only. In the event of discrepancies between language versions, the German text shall prevail.

1.3 Deviating terms and conditions of the user are not recognized unless we expressly agree to their validity in writing.

1.4 The offer is currently directed exclusively at persons whose place of residence is in a member state of the European Union. When registering, you state your country of residence. If you reside outside the European Union, registration and a subscription are currently not possible; instead, you can join a waitlist.

§ 2 Subject Matter and Service Description

2.1 The App is a Progressive Web App (PWA) for AI-powered hypertrophy training. It offers the following features: an AI personal trainer with individualized training plans, real-time autoregulation based on RIR (Reps in Reserve), muscle-group-specific recovery analysis, exclusion of individual exercises, progress statistics, personal records (e1RM), and a gamification system with XP and levels.

2.2 The App's recommendations are based on scientific studies and meta-analyses. However, the Provider does not guarantee that the recommendations reflect the latest scientific findings at all times. Features may be developed, modified, or discontinued at any time.

2.3 The contract is concluded when you register in the App and subscribe via PayPal. Registration alone does not establish a paid contract.

§ 3 Training and Health Disclaimer

3.1 You use the App at your own risk. You are solely responsible for your health. The App does not constitute a medical facility and does not provide medical advice, diagnoses, or therapies. The App is not a substitute for a physician, physiotherapist, or certified personal trainer.

3.2 Always consult a physician before starting any training plan from the App, or if you experience pain or other discomfort during training.

3.3 Use of the App requires a good general state of health. Do not use the App if you suffer from or may suffer from a condition that could be worsened by exercise.

3.4 The use of the App requires training equipment (e.g., barbells, dumbbells, cable machines, machines). It is your responsibility to ensure that all equipment used is in proper working condition and to ensure correct exercise execution.

3.5 We cannot guarantee specific results regarding muscle growth, strength gains, body composition, or health. Training outcomes are also influenced by uncontrollable factors such as genetic predisposition, nutrition, sleep, and individual circumstances.

§ 4 Registration and Access

4.1 Use of the App requires registration with a valid email address and your country of residence (see 1.4). Access is personal and non-transferable.

4.2 You are obligated to keep your login credentials confidential and to take appropriate measures to protect your account from unauthorized third-party access. Passwords and authentication data must not be shared with third parties.

4.3 You are responsible for ensuring that the information provided during registration is complete and accurate, and for updating it promptly in the event of changes.

§ 5 Free Trial Period

5.1 After registration, you can use the App free of charge for 14 days (hereinafter "Trial Period"). All features of the App are available without restriction during the Trial Period. You do not need to provide a payment method for this.

5.2 The Trial Period begins upon registration and ends automatically after 14 days. It does not convert into a paid subscription. You conclude a paid subscription yourself via PayPal (Section 2.3); the first payment becomes due upon conclusion, unless Section 5.4 provides otherwise.

5.3 A maximum of one Trial Period is granted per user. If a user re-registers or resubscribes after a previously used Trial Period, no additional free Trial Period will be granted; payment obligations begin immediately.

5.4 If your account received neither a Trial Period under Section 5.1 nor any other free period (such as a free month or an earlier trial via PayPal), the subscription begins with a free trial period of 14 days; the first payment becomes due when it ends. If you cancel during this time, access to the App ends immediately upon cancellation. There is no entitlement to use the App until the end of the 14 days.

§ 6 Subscription and Pricing

6.1 The subscription costs €14.99 per month (including 19% VAT where applicable). All prices are final prices.

6.2 Billing is processed through PayPal. The user is responsible for maintaining a valid payment method in their PayPal account.

6.3 The subscription renews automatically for an additional month unless cancelled before the end of the current billing period.

6.4 If a due payment cannot be collected, we are entitled to suspend access to the App until the outstanding payment is settled. We reserve the right to assert further claims due to late payment.

§ 6a Referral Programme

6a.1 Your account comes with a personal referral code and link. If a new person registers with your code and then makes their first payment for a subscription, you each receive one free month. The free trial alone does not trigger a free month. Each person can only be referred once.

6a.2 The code must be redeemed before the referred person's first payment; a code redeemed later does not trigger a free month. Redeeming your own code and referring each other are excluded.

6a.3 A free month is redeemed as follows: if your subscription is running and not cancelled when your next monthly payment is due, we refund that monthly payment to you via PayPal. The first payment of a subscription is never refunded as a free month; your right of withdrawal (§ 8) remains unaffected. Otherwise you receive 30 days of access to the App without payment as soon as no paid or other free period is running. Several free months are redeemed one after another.

6a.4 Free months are tied to your account, are not transferable and are not paid out in cash. There is no limit to how many free months you can earn through referrals.

6a.5 Referring further accounts of your own is not permitted. If the referred person pays with the same PayPal account as you, no free month is created. In case of abuse, for example through fake accounts, we may refuse free months and cancel free months not yet redeemed.

6a.6 Anyone with at least 10 referred persons who have made their first payment and have neither cancelled their subscription nor received a refund within 14 days of that first payment may apply for our partner programme. There is no entitlement to admission; the terms of the partner programme are governed by a separate contract.

6a.7 We may change or end the referral programme with effect for the future. Free months already earned remain unaffected.

§ 6b Annual Membership

6b.1 In addition to the monthly subscription, we offer an annual membership with a fixed term of 12 months. It costs €119 (including 19% VAT where applicable) if purchased by 31 July 2027 inclusive, and €169 thereafter. The amount for the entire term is due on purchase and paid via PayPal (clause 6.2).

6b.2 The annual membership starts with the payment. If another paid or free period is still running at that time, for example a running annual membership or a cancelled subscription until the end of the paid month, it starts when that period ends.

6b.3 The annual membership ends automatically after 12 months without requiring cancellation. It does not renew by itself; clauses 6.3 and 7.1 do not apply to it. We remind you in the App before it ends.

6b.4 At your request, we renew the annual membership for a further 12 months each time, also before it ends; the new term starts at the end of the previous one. If you renew no later than 30 days after the end of the previous term, you pay the same amount as for the previous annual membership; after that, the price valid at the time of renewal applies.

6b.5 If you switch from the monthly subscription to the annual membership, your subscription ends at the end of the paid month; the annual membership starts at that time (clause 6b.2). The switch itself does not refund a monthly payment; your right of withdrawal under § 8 remains unaffected.

6b.6 Clauses 5.1 to 5.4 apply accordingly to the free trial. Your right of withdrawal under § 8 also applies to the annual membership.

6b.7 Free months from the referral programme (§ 6a) extend a running annual membership by 30 days each; the amount of the annual membership is not refunded as a free month.

§ 7 Cancellation

7.1 The subscription may be cancelled at any time effective at the end of the current billing period. There is no minimum commitment beyond the current billing period (1 month).

7.2 Cancellation may be made through the following channels:

a) Directly in the App via Profile Settings ("Cancel Subscription")

b) Through your PayPal account (subscription management)

c) By email to support@muscletechnics.com

7.3 After effective cancellation, access to the App remains until the end of the already paid period. If no payment has been made (e.g., cancellation during the trial period under Section 5.4), access ends immediately.

7.4 We are entitled to terminate the contract without notice for good cause, particularly in the event of serious violations of these Terms. We are further entitled to terminate the contract without stating reasons with four weeks' notice effective at the end of the current billing period.

§ 8 Right of Withdrawal (EU Consumers)

Withdrawal Policy

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us — Charged Elements GmbH, Breite Str. 159, 22767 Hamburg, Germany, email: support@muscletechnics.com — of your decision to withdraw from this contract by means of a clear statement (e.g., by email or postal mail). You may use the model withdrawal form below, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send the notice of exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than 14 days from the day on which we received your notice of withdrawal. We will use the same means of payment that you used for the original transaction; in no event will you be charged any fees for such reimbursement.

The right of withdrawal expires prematurely if we have begun performance of the contract (i.e., providing the App content) after you expressly consented to us beginning performance before the expiry of the withdrawal period, and you acknowledged that you thereby lose your right of withdrawal.

Model Withdrawal Form

To: Charged Elements GmbH, Breite Str. 159, 22767 Hamburg, Germany
Email: support@muscletechnics.com

I hereby give notice that I withdraw from my contract for the use of the service MUSCLE TECHNICS.

— Ordered on / contract date: _______________

— Name of consumer: _______________

— Address of consumer: _______________

— Date: _______________

— Signature (only if sent on paper): _______________

§ 9 User Obligations and Indemnification

9.1 You may only use the App for its intended purpose (personal training planning and documentation).

9.2 You must not misuse the App, in particular not use it for unlawful purposes, not attempt to circumvent technical protection mechanisms, and not perform automated access (scraping, bots) on the App.

9.3 You shall indemnify and hold us harmless from all third-party claims arising from your unlawful use of the App. You are obligated to reimburse the costs of any necessary legal defense and to compensate any damages incurred by us as a result of third-party claims due to your breach of obligations.

9.4 We are entitled to temporarily or permanently suspend your access in the event of violations of these Terms.

§ 10 Intellectual Property and Usage Rights

10.1 All content of the App — including software, algorithms, AI models, texts, graphics, exercise database, designs, and scientific compilations — is protected by copyright and is the property of the Provider.

10.2 We grant you a non-exclusive, non-transferable right, limited to the duration of the contract, to use the App in accordance with these Terms. No further rights are granted. In particular, no ownership rights are transferred.

10.3 It is prohibited to copy, distribute, decompile, reverse engineer, or otherwise render the App or parts thereof into a perceptible form. Decompilation is only permitted in cases allowed by law under § 69e of the German Copyright Act (UrhG).

10.4 Training plans, share cards, and personal statistics generated by the App may be used for personal use and shared on social media, provided that the origin from MUSCLE TECHNICS remains identifiable.

§ 11 Warranty

11.1 Statutory provisions apply to claims based on defective performance. Your rights as a consumer remain unaffected.

11.2 We do not owe any specific training outcome. No specific result regarding muscle growth, strength gains, weight loss, or body composition is assured or guaranteed.

§ 12 Liability

12.1 We are liable without limitation for damages caused intentionally or through gross negligence by us or our vicarious agents, as well as for damages resulting from injury to life, body, or health.

12.2 In cases of simple negligence, we are only liable for breach of material contractual obligations (cardinal obligations). In such cases, liability is limited to the foreseeable, typically occurring damage.

12.3 The above limitations of liability do not apply to claims under the German Product Liability Act, in cases of fraudulent concealment of a defect, or insofar as we have assumed a guarantee.

12.4 The limitations of liability also apply in favor of our employees, representatives, and vicarious agents.

§ 13 Availability

13.1 We strive for the highest possible availability of the App. There is no entitlement to 100% availability.

13.2 Maintenance work, technical disruptions, changes to the infrastructure, or force majeure events may lead to temporary restrictions. The Provider will inform users of planned maintenance in advance where possible.

§ 14 Data Protection

The collection and processing of personal data is carried out in accordance with our Privacy Policy, available at muscletechnics.com/datenschutz. The Privacy Policy forms an integral part of these Terms.

§ 15 Amendments to Terms

15.1 We reserve the right to amend these Terms with future effect if this is necessary due to changes in legal, regulatory, or technical conditions, and the amendments are reasonable considering your interests in good faith.

15.2 We will inform you by email no later than four weeks before the planned effective date of the amended Terms. You may object to the changes within this period. If you continue to use the App after the deadline without objection, the new Terms are deemed accepted. We will separately inform you of your right to object, the deadline, and the legal consequences in the notification.

15.3 In the event of your objection, we reserve the right to ordinary termination.

§ 16 Online Dispute Resolution

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

We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

§ 17 Final Provisions

17.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In dealings with consumers within the European Union, the law of the consumer's place of residence may also apply insofar as mandatory consumer protection provisions are concerned.

17.2 If you do not have a general place of jurisdiction in Germany or in another EU member state, or if your domicile or habitual residence is unknown at the time of filing a lawsuit, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business in Hamburg, Germany.

17.3 The contract language is German.

17.4 Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a valid provision shall be deemed agreed upon that most closely approximates the economic purpose of the invalid provision.