Terms of Service (ToS)

1. Scope, Eligibility & Territorial Restriction

These General Terms of Service (hereinafter referred to as "ToS") govern the contractual relationship between Markus Rohling, c/o POSTFLEX PFX-452-617, Emsdettener Straße 10, 48268 Greven, Germany (details see Legal Notice in accordance with § 5 DDG) as the developer and operator of the MaGymus app (hereinafter "Provider", "we", or "us") and the users of the app (hereinafter "User" or "you").

The app is intended exclusively for consumers within the meaning of § 13 BGB (German Civil Code). Use for commercial or independent professional purposes is strictly prohibited.

Use of the app requires that the User is at least 16 years of age. By downloading the app, the User confirms their age as well as their agreement to these ToS.

Territorial Restriction (Exclusion of USA & Canada): The offer, distribution, marketing, and licensing of the MaGymus app and any associated services and software components are explicitly not directed to, offered to, or intended for persons residing in, having their habitual residence in, or located within the United States of America (USA) or Canada. Any use of the app by persons residing in or having their habitual residence in the USA or Canada is strictly prohibited and unlicensed by the Provider. By downloading, installing, or using the app, you represent and warrant that you do not reside in, and do not have your habitual residence in, the United States of America or Canada, and that you will not access or use the app from within these jurisdictions.

2. Not a Medical Device (EU MDR 2017/745), No Medical Advice & Algorithm Limitations

Not a Medical Device (EU MDR 2017/745): MaGymus is not a medical device within the meaning of Regulation (EU) 2017/745 of the European Parliament and of the Council on medical devices (MDR) or any other applicable domestic or international medical device laws and regulations. The app serves exclusively as a private, self-directed workout documentation, periodization, and performance tracking tool for recreational and amateur athletics. It does not pursue any medical, clinical, diagnostic, or therapeutic purpose and is neither designed nor intended for the investigation, detection, monitoring, diagnosis, treatment, alleviation, or prevention of any diseases, injuries, handicaps, disabilities, or physiological conditions.

No Medical Advice & Exclusion of Clinical Healthcare Duties: MaGymus provides no medical, therapeutic, clinical, physiotherapeutic, or sports-medicine advice, diagnosis, or therapy. The app does not owe any coaching tailored to your individual clinical conditions and in no way replaces professional medical examination, diagnosis, or treatment by a licensed physician. Strength training with free weights, machines, and cable stations involves inherent and severe risks of musculoskeletal trauma and cardiovascular emergencies. Because the Provider assumes no medical duty of care, the responsibility for safe physical execution and the realistic assessment of your personal capabilities rests entirely with you. You must consult a qualified physician before commencing any training program to confirm your physical fitness for intensive resistance exercise.

Mathematical Periodization Aids ("Active Coach"): All algorithmic models, projections, and recommendations generated by the app — including the Acute:Chronic Workload Ratio (ACWR for fatigue estimation), estimated One-Rep Max (1RM), set/rep schemes, recovery heatmaps, and automated progression or deload suggestions — are purely mathematical, statistical periodization and logging aids for healthy adults. They are computed exclusively on the basis of standard sports-science formulas and your prior historical inputs. They do not constitute individualized medical or coaching advice and cannot account for acute biological fluctuations, unmeasured fatigue, biomechanical limitations, or underlying pre-existing conditions. The Provider gives no warranty as to the accuracy, physiological safety, or suitability of these calculations for any specific workout or individual.

Offline Prompt Configurator & Import of External / AI-Generated Training Plans (.json): The Training Plan Prompt Configurator provided in the app and on the website is a purely rule-based text template utility and not an Artificial Intelligence (AI) system within the meaning of the EU AI Act (Regulation (EU) 2024/1689). The Provider has no control over or involvement in outputs generated by third-party AI models (such as ChatGPT, Gemini, Claude, etc.). External AI systems may hallucinate or generate physiologically unsuitable training volumes, exercise selections, rep ranges, rest intervals, or progression steps. Although MaGymus enforces structural boundary checks upon .json import, the Provider assumes no warranty or liability for the correctness, physiological appropriateness, or safety of externally created or AI-generated training plans (subject to the mandatory statutory liability provisions in Section 7).

Contractual Plausibility Verification Duty: Before starting any imported workout plan, the User is contractually obligated to independently evaluate all included exercises, set volumes, repetition corridors, rest periods, and progression increments for plausibility and alignment with their individual fitness level as a healthy adult and their daily physical readiness.

Contractual Duty to Cooperate & Verify Fitness: As a user, you are subject to an express contractual obligation to independently and critically evaluate your personal physical daily form, readiness, and any pain or discomfort signals prior to executing each and every individual set. Furthermore, you are contractually obligated to independently verify the mechanical safety, structural integrity, locking mechanisms, and calibration (equipment normalization factor) of all gym machinery and equipment used. In the event of pain, dizziness, malaise, shortness of breath, or any doubts regarding safety, training must be terminated immediately. Never exceed your physical limits based on app recommendations.

3. Pricing, In-App Purchases & Merchant of Record

The basic version of MaGymus is provided free of charge ("Free-Tier"). Advanced features can be unlocked via an in-app purchase ("MaGymus Pro"). This can be done as a subscription (monthly or yearly) or as a one-time payment (Lifetime License).

Subscriptions automatically renew for the chosen period (month or year) unless canceled at least 24 hours before the end of the current billing cycle via your Apple ID settings in the Apple App Store. One-time purchases do not automatically renew.

Apple as Merchant of Record: Any contract for in-app purchases or subscriptions is concluded directly between you and Apple Distribution International Ltd. or the respective affiliate of Apple Inc. Apple acts as the sole seller and "Merchant of Record". All billing, payment processing, and transaction management are governed exclusively by Apple's Media Services Terms and Conditions. The Provider does not collect, process, or store any credit card, bank, or payment information.

Statutory Cancellation & Refund Rights: Because the purchase contract is concluded with Apple, statutory cancellation rights for digital content as well as refund requests are handled under Apple App Store policies. EU consumers have a statutory 14-day right of withdrawal; Brazilian consumers have a 7-day Right of Regret (see Section 6). Please handle withdrawals and refund applications directly via the official Apple portal at reportaproblem.apple.com.

4. Technical Requirements & Internet Usage

Internet Connection Requirement for Verification (12h Grace Period)

To complete your purchase and verify the active status of your Pro access (subscription or lifetime license), the MaGymus app requires occasional internet access. We grant an offline grace period of 12 hours starting from the last successful verification. If the app is completely offline for more than 12 consecutive hours (e.g., airplane mode or no reception), the Pro features will be temporarily deactivated as a security measure. As soon as you restart the app with an active internet connection, the features will be immediately unlocked again. Since the basic version of the app remains usable offline, no training data will be lost. A 100% uninterrupted availability of the verification servers is not guaranteed.

Outgoing Internet Connections & External Services

Although MaGymus stores your training data exclusively locally, it establishes outgoing connections in certain cases: (a) To fetch the full terms of service, privacy policy, and legal notice via links in the device's web browser from our website, (b) To communicate with the App Store (Apple) and RevenueCat for subscription and license verification, (c) To redirect to external services (such as Instagram for social media links or your email client for support requests), and (d) For rating the app via the in-app review interface.

Account Binding (No Cross-Platform)

Since MaGymus is a privacy-friendly "Offline-First" app without its own user accounts, a purchase is strictly tied to the respective Apple ID. A switch of your Apple ID means that a previously purchased subscription cannot be transferred to the new account, as no cloud infrastructure exists for cross-device synchronization.

5. Subscriptions, One-Time Purchase ("Lifetime License") & Update Obligations

For subscriptions, the chosen term (monthly or yearly) applies. Subscriptions renew automatically unless canceled at least 24 hours prior to the end of the current billing cycle in your Apple ID settings.

Definition of "Lifetime License" (§ 327f BGB & Directive (EU) 2019/770): The term "Lifetime" refers strictly to the software product lifecycle of the MaGymus app on the respective iOS platform, and expressly not to the biological lifespan of the user nor an indefinite, perpetual operational obligation.

Guaranteed Minimum Update Period: In accordance with § 327f BGB (German Civil Code) and Article 8 of Directive (EU) 2019/770, the Provider guarantees to supply the purchaser of a Lifetime License with all necessary security updates, bug fixes, and compatibility updates required to maintain contractual conformity of the app with current iOS releases for a period of at least two (2) years from the date of purchase ("Guaranteed Minimum Update Period").

Product Sunsetting & Preservation of Local Offline Functionality: Should the Provider discontinue, sunset, or withdraw the app from the App Store after the expiration of the two-year Guaranteed Minimum Update Period, the user retains the right to continue using the version installed on their local device with all unlocked Pro features in offline mode. Because MaGymus is built upon a 100% decentralized, local offline architecture without cloud dependencies, all your existing training data, history, and local offline core features will remain fully accessible and operational on your device as long as the device's operating system continues to support execution of that version. There is no entitlement to ongoing compatibility updates for future operating system versions or hardware models released after the sunset date. Discontinuation after the expiration of the two-year guaranteed update period does not entitle the user to any refund.

6. Cancellation Policy & International Refund Rights

Statutory Right of Withdrawal for EU/EEA Consumers: For in-app purchases, contracts are concluded with Apple as Merchant of Record. Consumers habitually resident in the European Union or the European Economic Area (EEA) have the statutory right to withdraw from this contract within 14 days from the day of contract conclusion without giving any reason.

Processing via Apple: Because the purchase contract is processed via the Apple App Store and Apple acts as the Merchant of Record, withdrawal declarations and refund requests must be submitted directly to Apple. Please use the official Apple portal at reportaproblem.apple.com. If you submit a withdrawal to us (Markus Rohling, c/o POSTFLEX PFX-452-617, Emsdettener Straße 10, 48268 Greven, Germany, Email: support@marrohstudio.com), please note that we cannot process refunds technically and will direct you to Apple's portal.

Special Provision for Consumers in Brazil (Direito de Arrependimento, Art. 49 CDC): Pursuant to Article 49 of the Brazilian Consumer Defense Code (Código de Defesa do Consumidor – CDC, Law No. 8,078/1990), consumers habitually resident or domiciled in Brazil have an unconditional statutory Right of Regret ("Direito de Arrependimento"). You are entitled to cancel any digital purchase or subscription within 7 (seven) calendar days from the date of purchase without penalty and to receive a full refund of all amounts paid. Because Apple acts as the Merchant of Record, this statutory right must be exercised directly through Apple's refund portal at reportaproblem.apple.com.

Sample Withdrawal Form (pursuant to Annex 2 to Art. 246a § 1 (2) EGBGB):
If you wish to withdraw from the contract, please fill out this form and return it:

Note on the Expiry of the Right of Withdrawal: The right of withdrawal expires in the case of a contract for the supply of digital content not supplied on a tangible medium if the entrepreneur has begun performance of the contract after the consumer has expressly consented to the entrepreneur beginning performance before the expiry of the withdrawal period, and has acknowledged that by giving this consent they lose their right of withdrawal once performance has begun.

7. Liability & Multi-Jurisdictional Consumer Guarantees

General Principles of Liability under German Law (§ 309 No. 7 BGB): Claims of the User for damages are excluded. Excluded from this limitation are claims for damages resulting from injury to life, limb, or health, as well as liability for damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents. Furthermore, mandatory statutory liability under the German Product Liability Act (ProdHaftG) and liability arising from the assumption of an express warranty remain unaffected.

In the event of a breach of essential contractual obligations (cardinal obligations) caused by simple negligence, the Provider's liability shall be limited to typical, foreseeable damages at the time of contract conclusion, unless the claim arises from injury to life, limb, or health. Essential contractual obligations are those whose fulfillment enables the proper performance of the contract in the first place and on whose compliance the User may reasonably rely. We assume no liability for the accuracy of algorithmic forecasts or externally imported training plans (including AI-generated .json files). We do not guarantee any specific athletic, aesthetic, or physiological outcome (e.g., muscle hypertrophy, fat loss) and assume no liability that algorithmically calculated or imported workout parameters can be safely executed by you on any given day without excessive fatigue or discomfort.

Local Data Storage & Backup Responsibility: Since MaGymus is a 100% "Offline-First" application and deliberately operates without cloud servers, a server-side recovery of your data is technically impossible. The Provider therefore assumes no liability for the loss or corruption of data stored exclusively locally on your device, unless such loss was caused by intentional misconduct or gross negligence of the Provider. This applies in particular to data loss due to accidental deletion of the app, operating system updates, hardware defects, or device loss. It is solely the User's independent responsibility to perform regular backups (e.g., via the built-in SQLite backup file or CSV export) and store them in a secure external location.

Jurisdiction-Specific Consumer Protection Clauses (Mandatory Savings Clauses)

Australia & New Zealand: For users in Australia: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement. To the extent permitted by law, our liability for failure to comply with a non-excludable consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having the services supplied again. For users in New Zealand: Nothing in these Terms excludes, restricts, or modifies your statutory rights or remedies under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot be lawfully excluded.

Japan: For users in Japan: In accordance with the Japanese Consumer Contract Act (Act No. 61 of 2000), any provisions in these Terms that purport to disclaim or limit the Provider's liability for damages shall not apply to damages caused by intentional acts or gross negligence (故意又は重過失) of the Provider, its representatives, or vicarious agents.

Brazil: For users in Brazil: The mandatory consumer protection rights and statutory remedies under the Brazilian Consumer Defense Code (Código de Defesa do Consumidor – CDC, Law No. 8,078/1990) remain entirely unaffected. Any disclaimers or limitations of liability in these Terms apply to Brazilian consumers only to the extent strictly permissible under mandatory Brazilian law.

8. Intellectual Property, Usage Restrictions & Feedback

We grant you a limited, revocable, non-exclusive, and non-transferable license to use the app for personal, non-commercial purposes. In the event of a breach of these terms, we reserve the right to revoke this license with immediate effect.

The app, its design, the training control algorithms, and all content contained therein (with the exception of user-generated photos) are the sole intellectual property of the Provider. You are expressly prohibited from copying, modifying, distributing, selling, or renting the app or parts thereof. Furthermore, any reverse engineering of the source code, decompiling, or the use of automated bots, spiders, or scrapers to extract app structures is strictly prohibited.

If you submit feedback, ideas, or suggestions for improving the app to us, you grant us the irrevocable, worldwide, and royalty-free right to implement and use this feedback in the app without any restrictions or obligation to compensate you.

9. Updates & "As-Is" Provision

The app and all associated services are provided on an "as is" and "as available" basis. We do not guarantee continuous error-free operation or the uninterrupted availability of specific individual features. We reserve the right, at our reasonable discretion, to deploy updates, modify features, expand functionality, or adjust features while taking user interests into account.

This does not affect our statutory obligation to supply necessary updates (including security updates, bug fixes, and compatibility updates) to maintain the conformity of digital products in accordance with § 327f BGB and Directive (EU) 2019/770 for the statutory period or the period guaranteed under Section 5.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Provider, its employees, and representatives from any claims, demands, losses, liabilities, and expenses (including reasonable attorney's fees) asserted by third parties and arising out of or in connection with the following, provided you are responsible for them (culpable violation): (a) your use of the app in violation of these ToS, (b) content created or shared by you (especially in the event of a violation of third-party copyrights, trademark rights, or personal rights in progress photos), or (c) your violation of applicable law or third-party house rules.

11. User-Generated Content (Photos)

MaGymus offers the possibility to store progress photos within the app and output them in before-and-after comparisons (collages). The User is solely and entirely responsible for all photos they take, import, or share via the system functions in the app.

Your content belongs to you: Unlike many other platforms, the Provider of MaGymus claims no copyrights, commercial licenses, reproduction, or evaluation rights to your training data, notes, or progress photos. All rights to your content remain 100% with you.

At the same time, the User commits not to create or share photos that violate applicable law, the house rules of fitness studios (e.g., photo bans), or the rights of third parties. The Provider of the app assumes no liability for the content created by the User, even if it contains the watermark of the app. The User indemnifies the Provider from any third-party claims arising from the illegal or contract-violating use of the app by the User regarding such content.

12. Changes to the Terms of Service

We reserve the right to change these Terms of Service. We will inform users of material changes in a timely manner (e.g., via a notification in the app). For material changes that alter the balance of the contract, we will obtain your explicit consent (e.g., via a pop-up when starting the app). Users who do not agree with the changed terms may continue to use the app under the previous terms until the end of their subscription period, or delete the app.

13. Choice of Law, Jurisdiction & Rome I Compliance

These Terms and all legal relationships between the Provider and the User shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Rome I Compliance & CJEU Case Law (Case C-191/15 – Amazon): For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded to them by mandatory provisions of the law of the country in which they have their habitual residence (pursuant to Article 6(2) of Regulation (EC) No 593/2008 – Rome I Regulation, and in accordance with the judgment of the Court of Justice of the European Union, CJEU Case C-191/15 – Amazon). Consequently, consumers may always rely on the more protective mandatory consumer laws of their home jurisdiction.

If the User is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the registered office of the Provider is the exclusive place of jurisdiction for all disputes arising from or in connection with this contract.

Online Dispute Resolution: We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. Our contact email address is: support@marrohstudio.com.

Should individual provisions of these ToS be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected (Severability Clause).

14. Additional Provisions for iOS Users (Apple EULA)

If you download the app via the Apple App Store, you acknowledge the following provisions: This agreement is concluded exclusively between you and the Provider of the app, not with Apple Inc. Apple is not responsible for the app or its content and has no obligation to furnish any maintenance or support services with respect to the app.

However, Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Service. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary.