Terms and Conditions

Effective Date: January 1, 2025 | Last Updated: January 1, 2025

Welcome to PeakCoach! These Terms and Conditions ("Terms") govern your use of the PeakCoach mobile application and related services (collectively, the "Service") operated by Florian Schaal ("we", "us", or "our").

By downloading, installing, or using PeakCoach, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

1. Service Description

PeakCoach is a fitness application that provides:

• Workout tracking and logging functionality
• AI-powered voice coaching during workouts
• Progress tracking and analytics
• Apple Watch companion app
• Personalized training suggestions based on your feedback

2. Eligibility

You must be at least 16 years of age to use PeakCoach. By using the Service, you represent and warrant that you meet this age requirement.

3. Account Registration

To use certain features of PeakCoach, you must create an account. You agree to:

• Provide accurate and complete information during registration
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

4. Subscription and Payments

4.1 Free Trial

PeakCoach offers a free trial period. After the trial ends, you will need a premium subscription to continue using all features.

4.2 Premium Subscription

Premium subscriptions are processed through Apple's App Store. By subscribing, you agree to:

• Apple's Terms and Conditions for in-app purchases
• Automatic renewal unless cancelled at least 24 hours before the end of the current period
• Payment being charged to your Apple ID account at confirmation of purchase

4.3 Cancellation and Refunds

You may cancel your subscription at any time through your Apple ID account settings. Refunds are handled by Apple in accordance with their refund policy. We do not process refunds directly.

5. Health and Fitness Disclaimer

5.1 Not Medical Advice

PeakCoach provides fitness tracking and coaching features for informational purposes only. The Service is NOT intended to be, and should not be used as, a substitute for professional medical advice, diagnosis, or treatment.

5.2 Consult Your Doctor

Before starting any new exercise program, including using PeakCoach, you should:

• Consult with a qualified healthcare provider or physician
• Disclose any existing medical conditions, injuries, or health concerns
• Get cleared for physical activity, especially if you have heart conditions, joint problems, or other health issues

5.3 Exercise at Your Own Risk

You acknowledge and agree that:

• Physical exercise carries inherent risks of injury
• You are solely responsible for your physical condition and safety during workouts
• You should stop exercising immediately if you experience pain, dizziness, nausea, or other concerning symptoms
• The voice coaching suggestions are general guidance and may not be appropriate for your specific situation

5.4 No Liability for Injuries

To the fullest extent permitted by law, we disclaim all liability for any injuries, health problems, or adverse effects arising from your use of PeakCoach or following any workout suggestions, coaching advice, or exercise recommendations provided through the Service.

6. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems or bots to access the Service
• Share your account credentials with others
• Upload malicious code or content

7. User Content

7.1 Your Data

You retain ownership of any data you input into PeakCoach, including workout logs, notes, and custom exercises. By using the Service, you grant us a license to store, process, and display this data to provide the Service to you.

7.2 Feedback

If you submit feature requests, suggestions, or other feedback through Canny or other channels, you grant us the right to use this feedback to improve our Service without any obligation to compensate you.

7.3 Future Sharing Features

We may introduce features that allow sharing of workouts or content in the future. Additional terms will apply to such features when introduced.

8. Intellectual Property

8.1 Our Rights

PeakCoach, including its design, features, content, logos, and underlying technology, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Service without explicit permission.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use PeakCoach for personal, non-commercial purposes in accordance with these Terms.

9. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal data. By using PeakCoach, you consent to our data practices as described in the Privacy Policy.

10. Third-Party Services

PeakCoach integrates with third-party services (such as Apple's App Store, Supabase, and OpenAI). Your use of these services is subject to their respective terms and conditions. We are not responsible for the actions or policies of third-party services.

11. Service Availability

We strive to provide a reliable service, but we do not guarantee that PeakCoach will be available at all times. We may:

• Temporarily suspend the Service for maintenance or updates
• Modify or discontinue features with reasonable notice
• Experience downtime due to factors beyond our control

12. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind
• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim

13. Indemnification

You agree to indemnify and hold harmless PeakCoach, its operator, and any affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any injuries or damages resulting from your exercise activities

14. Termination

14.1 By You

You may stop using PeakCoach at any time and delete your account through the app settings or by contacting us.

14.2 By Us

We may suspend or terminate your access to PeakCoach at any time, with or without cause, including if we reasonably believe you have violated these Terms.

14.3 Effect of Termination

Upon termination, your license to use the Service ends. You may request a copy of your data before deletion in accordance with our Privacy Policy.

15. Governing Law and Disputes

These Terms are governed by the laws of the Netherlands. Any disputes arising from or relating to these Terms or your use of PeakCoach shall be subject to the exclusive jurisdiction of the courts of the Netherlands.

If you are a consumer in the European Union, you may also have rights under the laws of your country of residence, and nothing in these Terms affects those rights.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of significant changes by:

• Posting a notice in the app
• Sending an email to your registered address
• Updating the "Last Updated" date at the top of these Terms

Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PeakCoach regarding your use of the Service and supersede any prior agreements.

19. Contact Us

If you have any questions about these Terms, please contact us:

By using PeakCoach, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.