Terms of service.

Section 1 Provider, Scope, Definitions

(1) The provider of the “Streakletics” app is Point Zero GmbH, Speditionstr. 15A, 40221 Düsseldorf, Germany (hereinafter the “Provider”).

(2) These Terms of Service govern the use of the “Streakletics” app (hereinafter the “App”) and all functions and content made available through it.

(3) A “User” is any natural person who installs, accesses, or uses the App. A “Pro Subscription” means a paid subscription offering extended features.

Section 2 Subject Matter of the Contract and Formation of the Contract

(1) The subject matter of the contract is the provision of the App for training guidance and training plan creation, in particular for push-ups and planks.

(2) The contract for using the App is concluded upon download and installation of the App or, at the latest, upon first use.

(3) Paid services (Pro Subscriptions) are offered and concluded exclusively via the respective app store (Google Play Store / Apple App Store). With respect to payment processing, the respective app store is the contracting party; its terms of use and payment terms apply in addition.

Section 3 Scope of Services, Further Development, Changes

(1) The Provider makes the App available in its current version. A specific set of functions may change due to ongoing development.

(2) The Provider is entitled to continuously update, further develop, and adapt the App (e.g., updates, bug fixes, security updates, new features), provided that this does not result in substantial and unreasonable restrictions of the core functions for the User.

(3) Certain functions may require installation of updates. If the User fails to do so, functionality may be limited.

Section 4 Technical Infrastructure / Hosting

(1) The App uses technical services and infrastructure of the Google Firebase platform operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

(2) Further information on data processing and the services used can be found in the Provider’s Privacy Policy.

Section 5 Free Use, Pro Subscriptions, Prices, Payment Processing

(1) The App can be used free of charge. In addition, the Provider offers paid Pro Subscriptions.

(2) Prices, scope of services, term, trial periods (if offered), and cancellation conditions are binding as presented in the App and in the respective app store.

(3) Payment, renewal, cancellation, and any refunds are handled exclusively via the respective app store. The Provider has no influence over payment processes or refund decisions of the app stores.

(4) The Provider has no access to the User’s payment data.

Section 6 Term and Cancellation of Pro Subscriptions

(1) The term of a Pro Subscription is determined by the subscription option selected by the User in the app store.

(2) Pro Subscriptions renew automatically for the selected term unless cancelled in due time via the respective app store.

(3) Cancellation is only possible via the respective app store. Cancellation vis-à-vis the Provider is excluded.

(4) Uninstalling the App does not terminate an existing Pro Subscription. The User is responsible for cancelling a Pro Subscription via the app store.

(5) The right to extraordinary termination for good cause remains unaffected.

Section 7 Requirements for Use and User Obligations

(1) The App is not directed at children under the age of 13. Users must comply with the applicable age requirements of the respective app store. Users who have not reached the age of majority may only conclude paid Pro Subscriptions with the consent of their legal guardians or insofar as they are otherwise legally entitled to do so under the rules of the respective app store.

(2) The User must protect their access credentials from unauthorized third-party access and must report misuse without undue delay.

(3) The User is prohibited from:

• transmitting or uploading unlawful content,
• infringing third-party rights (in particular copyright, trademark, or personality rights),
• manipulating the App, decompiling it, reverse engineering it, or circumventing security mechanisms, unless expressly permitted by law,
• performing automated access or abusive use (e.g., bots, scraping, load testing without consent).

Section 8 User Content (e.g., Profile Picture)

(1) Where the App allows the provision of user content (e.g., profile picture/avatar, display name), the User represents that they are entitled to use and provide such content and that it does not infringe third-party rights.

(2) The User grants the Provider a non-exclusive, worldwide, royalty-free license, limited to what is technically and contractually necessary, to store, host, reproduce, process, display, and make available the User’s provided content within the App for the purpose of operating, maintaining, and providing the App’s functionalities.
This license ends when the User deletes the respective content or their user account, subject to technical deletion periods and statutory retention obligations.

Section 9 Suspension and Termination of Use

(1) The Provider is entitled to temporarily or permanently suspend access to the App if there is a justified suspicion of a breach of these Terms of Service or if this is necessary to prevent misuse, ensure security, or comply with legal requirements.

(2) In the event of a suspension, the Provider will inform the User of the reason and scope where possible and reasonable. The suspension will be lifted once the reason no longer applies, unless there are overriding serious reasons.

(3) The User may stop using the App at any time and may delete their user account where such option is available.

Section 10 Rights of Use in the App

(1) For the duration of the contract, the Provider grants the User a simple (non-exclusive), non-transferable, non-sublicensable right to use the App for private purposes in accordance with these Terms of Service.

(2) Any reproduction, distribution, making available to the public, or provision to third parties is prohibited unless expressly permitted by law.

Section 11 Availability and Maintenance

(1) The Provider endeavors to ensure that the App is available with as little interruption as possible.

(2) However, uninterrupted and fully continuous availability cannot be guaranteed, in particular due to maintenance work, technical disruptions, force majeure, or disruptions outside the Provider’s control.

Section 12 Liability and Health Notices

(1) The Provider is liable without limitation for damages resulting from injury to life, body, or health caused by intent or negligence, as well as for damages caused by intent or gross negligence.

(2) In the event of slightly negligent breach of material contractual obligations (cardinal obligations), the Provider’s liability is limited to the foreseeable damages typical for the contract. Cardinal obligations are obligations whose fulfilment enables the proper performance of the contract in the first place and on whose compliance the User may regularly rely.

(3) Otherwise, liability is excluded to the extent permitted by law.

(4) The content provided in the App serves solely for general fitness and training support and does not constitute medical advice. The User is expressly advised to seek medical advice prior to starting a training program—especially in the presence of health conditions or risks (e.g., cardiovascular disease, injuries, chronic illnesses, pregnancy). Use of the App is at the User’s own responsibility.

(5) A specific training outcome is neither owed nor guaranteed.

(6) The Provider does not monitor the User’s physical condition, training execution, or health status. Any risks arising from improper execution of exercises, overexertion, or disregard of personal health limitations lie solely with the User, provided that no mandatory statutory liability applies.

Section 13 Data Protection

Personal data are processed in accordance with the Provider’s Privacy Policy, which forms an integral part of these Terms of Service and is available at: Privacy Policy.

Data processing is carried out in compliance with the General Data Protection Regulation (GDPR) and applicable data protection laws.

Section 14 Amendments to These Terms of Service

(1) The Provider may amend these Terms of Service if there is an objective reason to do so (e.g., changes in law, security requirements, adaptation to technical developments, expansion/modification of services) and the amendment is reasonable for the User.

(2) The Provider will inform the User of any material amendments to these Terms of Service in an appropriate manner (e.g., within the App). Amendments shall only apply if they are reasonable for the User and do not affect essential contractual obligations, subscription prices, or the core scope of services without the User’s explicit consent.
If the User does not object within a reasonable period after notification, the amended Terms of Service shall be deemed accepted. The Provider will expressly inform the User of the right to object and the legal consequences of failing to object.

(3) In the event of an objection, the Provider may terminate the contract for use of the App by ordinary notice insofar as necessary.

Section 15 Governing Law, Jurisdiction, Dispute Resolution

(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the User is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is the Provider’s registered office.

(3) The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Note: The EU Online Dispute Resolution (ODR) platform has been discontinued; complaints can no longer be submitted there.

Section 16 Final Provisions

(1) There are no oral side agreements. Amendments or additions require text form, unless a stricter form is required by law.

(2) Should any provision of these Terms of Service be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provision.