Terms of Use – TRAININGG

Quick note: These Terms govern your use of the TRAININGG mobile app (“App”). Purchases and subscriptions are processed exclusively through the Apple App Store and Google Play Store.
By downloading or using the App, you agree to these Terms and to the applicable store terms of service.

Provider: Nico Ettlinger – Digital Solutions (sole proprietorship)
Address: Am Seeacker 19, 93326 Abensberg, Germany
Email: [email protected]
Effective Date: 1 November 2025

1. Scope and Parties

(1) These Terms apply to all users of the TRAININGG App (“you”).
(2) The contract is concluded with Nico Ettlinger – Digital Solutions (“we”, “us”, or “the Service Provider”).
(3) The App is distributed worldwide exclusively through the Apple App Store and Google Play Store; their respective terms and conditions also apply.

2. Description of the Service

(1) TRAININGG is a freemium Software-as-a-Service (SaaS) fitness application that allows users to create, track, and analyze workouts.
(2) The free version includes core functionality; the Pro version offers enhanced features such as:

Higher limits for workout plans
Intelligent plan creation
User interface customization
(3) We may modify, improve, or replace features from time to time as long as the overall functionality remains comparable.

3. Eligibility

(1) Use of the App is permitted from 16 years of age.
(2) Minors under 16 may use the App only with parental consent.
(3) By using the App, you confirm that you meet this age requirement.

4. Health and Safety Disclaimer

(1) The App does not provide medical advice and is not a medical device.
(2) Always consult a physician before beginning or modifying any training program, especially if you have health conditions.
(3) You use all training features at your own risk. We are not liable for injuries or damages resulting from improper exercise or failure to follow medical guidance.

5. Account and Data

(1) The App does not require user registration; personal accounts are not created or stored.
(2) All purchases and billing data are handled solely by Apple or Google.
(3) Data processing is explained in the Privacy Policy.

6. Subscriptions, Pricing, and Lifetime Purchases

(1) TRAININGG offers:

Monthly subscription (auto-renewing)
Yearly subscription (auto-renewing)
Lifetime license (one-time payment)
(2) All prices, currencies, and taxes are displayed by the respective store at the time of purchase.
(3) Subscription renewals and cancellations follow App Store / Google Play policies.
(4) Features included in the Pro or Lifetime versions may evolve, but the core functionality will remain equivalent.

7. Purchase, Management, and Cancellation

(1) All in-app purchases are processed and billed by Apple or Google.
(2) You can manage or cancel your subscriptions at any time:

iOS: Manage on Apple
Android: Manage on Google Play
(3) Cancellations take effect at the end of the current billing period.
(4) Refunds are subject to the respective store’s refund policies.

8. Right of Withdrawal (EU/UK) and Right of Regret (Brazil)

(1) EU/UK Consumers: You have a statutory 14-day withdrawal right for digital services purchased online.
However, the right expires once:

You expressly request that we start providing the service immediately, and
You acknowledge that you will lose your right of withdrawal once access begins.
(2) Brazilian Consumers: You have a 7-day “right of regret” from the date of purchase or access. Upon withdrawal, your premium access will end and you will receive a full refund via the store.
(3) Refund requests are handled through:
Apple: reportaproblem.apple.com
Google: support.google.com/googleplay/answer/2479637

9. Digital Content Conformity and Updates

(1) We will provide updates necessary to maintain the App’s functionality and security for a reasonable time after purchase.
(2) Failure to install provided updates may affect performance and is not considered a defect.
(3) Minimum system requirements are listed in the store descriptions.

10. Prohibited Use and Intellectual Property

(1) You agree not to:

Reverse engineer or modify the App (except as legally permitted)
Circumvent security features or copy protected content
Use the App for unlawful, abusive, or fraudulent purposes
(2) All intellectual property rights in the App and its content belong to Nico Ettlinger – Digital Solutions or its licensors.
(3) You receive a non-exclusive, non-transferable, revocable license to use the App solely for personal purposes.

11. Liability and Warranties

(1) We are liable without limitation for intent, gross negligence, and for injury to life, body, or health.
(2) For simple negligence, we are liable only for breach of essential contractual obligations (cardinal duties) and limited to foreseeable, typical damages.
(3) Liability under mandatory product laws (e.g., Product Liability Act) remains unaffected.
(4) We are not responsible for:

Failures caused by external store systems, or
Loss of data resulting from user negligence.

12. Termination and Suspension

(1) You may discontinue using the App at any time.
(2) We may suspend or terminate your access if you:

Violate these Terms or applicable laws, or
Use the App fraudulently or abusively.
(3) Termination does not affect any rights or obligations accrued before the termination date.

13. Changes to These Terms

(1) We may modify these Terms for valid reasons, including legal changes or new features.
(2) Updated Terms will be announced in-app and/or by email at least 30 days in advance.
(3) Continued use after the effective date constitutes acceptance of the new Terms.

14. Privacy

Our Privacy Policy explains how we collect, use, and protect data.

15. Export Control and Compliance

You agree to comply with all applicable export control and sanctions laws.
You may not use or export the App in violation of any embargoes or regulations.

16. Language, Governing Law, and Jurisdiction

(1) These Terms are available in multiple languages.
In case of discrepancies, the English version prevails, except where local law (e.g., Québec, Brazil) requires a native-language version.
(2) These Terms are governed by the laws of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(3) Consumers retain any mandatory protections under the law of their residence country.
(4) Jurisdiction for business users is Germany; consumers may also use their local courts as provided by law.

17. Final Provisions

Severability: If any provision of these Terms is found invalid, the remaining provisions remain valid.
No waiver: Failure to enforce any right does not constitute a waiver of that or any other right.

Provider: Nico Ettlinger – Digital Solutions • Am Seeacker 19, 93326 Abensberg, Germany • Support: [email protected]