Terms and Conditions

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with Gipfel: Workout planner and associated services (the "App", "Service") operated by Alvin Askoolum ("I", "me", or "my").

Please read these Terms and Conditions carefully before using any of my services.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

1. App Functions and License

1.1 The exact scope of functions of Gipfel: Workout planner is described in the respective app store and on my website as well as the respective hardware and firmware requirements.

1.2 I provide updates to Gipfel: Workout planner as needed; I reserve the right to make further updates at my discretion.

1.3 I reserve the right to change the App at any time in a way that is reasonable for you, e.g. to develop it further or improve its quality.

1.4 By downloading Gipfel: Workout planner from the respective app store, you receive a personal, limited, non-exclusive, non-transferable license to install the App on your mobile devices and to use it as contractually permitted. I reserve all further rights of use.

2. Subscription

2.1 Gipfel: Workout planner is available as a free basic version and a paid premium version, both downloadable from the App Store.

2.2 Gipfel Premium is a subscription service that unlocks various features of the app. Users can choose between a monthly subscription, yearly subscription, or a lifetime membership.

2.3 Current subscription periods and pricing can be viewed in the App Store and within the App. I reserve the right to change prices at any time, with changes published in the App Store and the App.

2.4 Lifetime Membership: "Lifetime" is considered to be the lifetime of the service and not of the user. While I make every effort to ensure the continued operation of services, I cannot make any guarantee regarding future access to the service.

2.5 All subscriptions require advance payment for the selected subscription period. Payment will be charged to the iTunes App Store upon confirmation of purchase.

2.6 Auto-Renewal: Subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the current period, at the original cost.

2.7 Managing Subscriptions: You may cancel your subscription at any time through Gipfel: Workout planner or directly in the App Store by going to your Account Settings. Cancellation will take effect at the end of your current subscription period.

2.8 Free Trials: Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription, where applicable.

2.9 Refunds: You may be entitled to a refund if you exercise your statutory right of withdrawal within fourteen (14) days (or other applicable legal timeframe) from your subscription date, or if the App Store's terms entitle you to a refund under the circumstances, in which case the App Store will process the refund.

3. Liability

3.1 I am only liable for damages according to existing legal requirements, regardless of the legal basis (pre-contractual, contractual, non-contractual), if I have caused the damage through gross negligence or intentional misconduct. For minor negligence, I am not liable to businesses and only liable to consumers. I am not liable to businesses for indirect damages, financial losses, lost profits or damages from third-party claims.

Except where required by law, I am not responsible for damages that may occur from using Gipfel: Workout planner. This includes damage from errors, technical issues, viruses or data loss.

3.2 If data is lost, I am not responsible and any liability under 3.1 is limited to what it would have cost you to properly back up your data.

3.3 These liability limitations also apply to my employees, representatives and agents (where applicable).

3.4 Legal guarantees and Product Liability Act claims remain unaffected.

4. Your Health

Using Gipfel: Workout planner and related services is entirely at your own risk. I do not provide medical advice through the app.

If you have any pre-existing medical conditions, please consult with a doctor before using the services.

You understand and agree that any exercise activity performed or tracked using Gipfel: Workout planner involves inherent risks of injury or death. You assume all known and unknown risks associated with exercise activities, even if caused by my actions, inactions, negligence, or by other app users.

I cannot be held responsible for any damages, whether direct or indirect, that result from using the services, including injury or death.

5. Disclaimer

You use the Service entirely at your own risk. The Service is provided "AS IS" and "AS AVAILABLE" without any warranties, whether expressed or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement or performance.

I cannot guarantee that a) the Service will work without interruption, be secure or available at all times; b) any errors will be fixed; c) the Service is free from viruses or harmful components; or d) the Service will meet your specific needs.

6. General Provisions

6.1 These Terms are governed by the laws of Mauritius, without regard to conflict of law principles.

6.2 If I don't enforce any part of these Terms, that doesn't mean I'm giving up those rights. If any part of these Terms is found invalid by a court, the rest of the Terms will still apply.

6.3 If any important provision was accidentally left out of these Terms, it will be filled with a reasonable provision that best reflects what we would have agreed to if we had thought about it from the beginning.

6.4 These Terms represent our complete agreement about the Service and replace any previous agreements between us.

7. Changes to Terms

I can modify or replace these Terms at any time at my discretion. The updated Terms will be made available through a link in Gipfel: Workout planner and on my website.

Please check these Terms regularly to stay informed of any changes. I decide what counts as a significant change.

If you continue using the Service after changes take effect, you agree to the updated Terms. If you don't agree with new Terms, please stop using the Service.