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Terms and Conditions

As of: March 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, 22587 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.

§ 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, injury tracking, 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. 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 New users receive a free trial period of 14 days (hereinafter "Trial Period") upon their first subscription. All features of the App are available without restriction during the Trial Period.

5.2 The Trial Period begins when the subscription is completed via PayPal. If the subscription is not cancelled before the end of the Trial Period, it automatically converts to a paid subscription and the first payment becomes due.

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 a user cancels during the Trial Period, 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.

§ 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), 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, 22587 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, 22587 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.