Terms of service.

The German version of these Terms of Service is authoritative. This English translation is provided for convenience. If the two versions differ or conflict, the German version prevails.

Section 1 Provider, scope and definitions

(1) The provider of the Streakletics mobile app is:

Point Zero GmbH
Speditionstr. 15A
40221 Düsseldorf
Germany

Managing Director: Philip Görts
App support: support@pointzero.tech
Legal and general enquiries: info@pointzero.tech

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

(3) In these Terms:

• a “User” is any natural person who accesses or uses the App, including in guest mode;
• an “Account” includes both an anonymous technical account created for guest use and an account linked to registration credentials;
• a “Pro Subscription” is a paid subscription that provides access to the Pro features displayed in the App; and
• “User Content” means profile or community content a User provides through the App, including a display name, motto and profile image.

Section 2 Subject matter and formation of the contract

(1) The App provides general fitness and habit-building functions, including training guidance, training plans and progress tracking, particularly for exercises such as push-ups and planks. The functions actually available may depend on the App version, device, operating system, country and whether a Pro Subscription is active.

(2) The contract for free use of the App is concluded when the User first uses the App. No conventional registration form is required for guest use. By using the App, the User accepts the version of these Terms made available at that time.

(3) The App may be distributed through one or more app stores, including Google Play and, when available, Apple’s App Store. The terms of the relevant app store apply additionally to the download, distribution and use of its platform.

(4) Where paid services are offered, the purchase and payment transaction is concluded and processed through the app store in which the relevant offer is displayed. The store operator’s purchase, payment and cancellation terms apply in addition. Point Zero GmbH provides the corresponding Pro functionality in the App, subject to these Terms and the entitlement information supplied through the relevant store.

Section 3 Guest use, Accounts and access credentials

(1) A User can begin using the App without entering an email address or password. When the User continues through the initial onboarding, the App creates an anonymous technical Account through Firebase Authentication and assigns it an internal user identifier. This Account enables the App to store progress and provide its functions.

(2) Where the relevant option is available, the User may later link the same Account to an email address and password or to a supported sign-in provider. Linking an Account is intended to preserve the progress associated with it.

(3) The User must protect access credentials from unauthorised access and notify the Provider without undue delay if misuse is suspected. The User may not use another person’s Account without authorisation or impersonate another person.

Section 4 Scope of services, updates and changes

(1) The Provider makes the App available in its current version. The description shown in the App and relevant app store determines the functions offered at a particular time.

(2) The Provider supplies updates, including security updates, where and for as long as required by applicable law. The User will be informed about required updates in an appropriate manner.

(3) The Provider may also maintain, further develop and adapt the App beyond what is necessary to maintain contractual conformity where there is a valid reason, including adaptation to technical developments, improved security or usability, changing usage patterns, revised training content, or the addition or modification of features. Such changes will not impose an additional charge and must not unreasonably deprive Users of the core paid functionality of an active Pro Subscription.

(4) The Provider will inform Users about changes as required by law. If a change more than insignificantly impairs access to or use of the App, mandatory rights to receive advance information, retain an unaffected version where offered, or terminate the affected contract remain unaffected.

(5) Certain functions may require installation of an update or a supported operating-system version. If a User does not install an update provided and explained by the Provider within a reasonable period, functionality, compatibility or security may be limited, and the statutory consequences of failing to install an update may apply.

(6) The Provider does not guarantee that every function will be available on every platform, in every country or for every device.

Section 5 Technical infrastructure and third-party services

(1) The App uses Firebase and Google Cloud services supplied under the Provider’s business account by Google Cloud EMEA Limited, 70 Sir John Rogerson’s Quay, Dublin 2, Ireland. Google LLC and other Google entities and subprocessors may also be involved in providing those services.

(2) Depending on the functions used, the App also relies on third-party services including Mixpanel for product analytics, RevenueCat for subscription and entitlement management, Google AdMob for advertising, and the relevant app-store operators for distribution, purchases and platform services.

(3) Availability may be affected by technical systems and third-party services outside the Provider’s direct control. Nothing in this Section limits the Provider’s statutory obligations or liability.

(4) Information about data processing, service providers and international transfers is available in the App Privacy Policy.

Section 6 Free use, advertising and Pro Subscriptions

(1) The App can be used free of charge with the functions made available for the free version. The free version may display advertisements, including advertisements delivered through Google AdMob. Advertising availability, frequency and format may change. Details of advertising-related data processing and available privacy choices are described in the App Privacy Policy.

(2) The Provider may offer paid Pro Subscriptions with additional or extended functions. The functions included in a particular offer, price, billing period, trial period, renewal conditions and any promotional terms are displayed in the App and the relevant app store before purchase and form part of the offer.

(3) Prices and applicable taxes are determined by the presentation in the relevant app store. Payment, billing, renewal and refunds are processed under the store operator’s applicable terms and procedures. The Provider does not receive complete credit-card or bank-account details.

(4) A Pro entitlement is made available after the relevant app store confirms the purchase or subscription status. Temporary delays can occur while a purchase is validated or restored.

(5) Statutory consumer rights, including mandatory warranty and withdrawal rights where applicable, remain unaffected.

Section 7 Term, renewal and cancellation of Pro Subscriptions

(1) The term and billing period of a Pro Subscription are determined by the subscription option selected in the relevant app store.

(2) A Pro Subscription renews automatically for the period and at the price displayed by the app store unless it is cancelled within the period specified by the store operator. The store’s subscription-management interface displays the applicable renewal and cancellation details.

(3) A Pro Subscription must be managed and cancelled through the app store account through which it was purchased. A cancellation request sent only to the Provider does not by itself cancel a store-managed subscription.

(4) Uninstalling the App, ceasing to use it or deleting a Streakletics Account does not automatically cancel an active Pro Subscription.

(5) The right to terminate for good cause and any mandatory statutory cancellation or withdrawal rights remain unaffected.

Section 8 Age requirements and User obligations

(1) The App is not specifically directed at children under 13. Users must comply with the age requirements of the relevant app store and applicable law. Users who have not reached the age of majority may purchase a Pro Subscription only with the consent of their legal representative or where otherwise legally permitted.

(2) The User must use the App lawfully and with appropriate regard for other Users. In particular, the User may not:

• transmit, upload or make available unlawful, abusive, discriminatory, threatening or misleading content;
• infringe copyright, trade mark, privacy, personality or other third-party rights;
• use another person’s identity or Account without authorisation;
• manipulate the App, rankings, subscriptions or entitlements;
• decompile, reverse engineer or circumvent security measures, except to the extent expressly permitted by mandatory law;
• introduce malicious code or interfere with the App or its infrastructure; or
• perform automated access, scraping, bots, abusive load testing or comparable use without the Provider’s prior permission.

(3) The User is responsible for ensuring that information and User Content submitted through the App comply with these Terms and applicable law.

Section 9 Community profiles, leaderboards and User Content

(1) The App creates a Community profile associated with the User’s Account. Depending on the information provided and the functions used, it may contain a display name, profile image, motto, training totals, streaks, personal records, badges and Pro status.

(2) Community-profile fields may be displayed to other authenticated Streakletics Users in profile views and leaderboards. Authenticated Users include Users with registered Accounts and Users signed in through the App with anonymous Accounts. The App does not currently provide a separate profile-visibility switch. Users must not provide profile information that they do not want other authenticated Streakletics Users to see.

(3) The User represents that they have the rights required to provide their User Content and that its use in accordance with these Terms does not infringe third-party rights or applicable law.

(4) The User grants the Provider a non-exclusive, worldwide and royalty-free licence, limited to what is technically and contractually necessary, to store, host, reproduce, process, display and make available the User Content for operating, securing, moderating and providing the App and its community functions.

(5) This licence ends when the relevant User Content or Account is deleted, except to the extent temporary technical deletion periods, backups, moderation requirements, legal claims or statutory retention duties require continued processing. Details are provided in the App Privacy Policy.

(6) The Provider may remove or restrict User Content where this is reasonably necessary to comply with the law, enforce these Terms, protect other Users or prevent misuse.

Section 10 Feedback, reports and blocking

(1) The App may allow Users to send feedback, report another User or block another User. Reports must be submitted in good faith. Knowingly false, abusive or manipulative reports are prohibited.

(2) The Provider may review reports and related information, request additional information and take reasonable measures including restricting content or Accounts. The Provider does not promise a particular outcome or immediate action for every report, but will handle reports according to their nature, urgency and the information available.

(3) Blocking functions can limit the affected interactions or visibility supported by the current App version. They do not prevent every possible interaction outside the App.

(4) The Provider may retain information associated with reports or enforcement where necessary for User safety, abuse prevention, legal obligations or legal claims, as described in the App Privacy Policy.

Section 11 Suspension, termination and Account deletion

(1) The Provider may temporarily restrict or permanently terminate access where there is a reasonable basis to believe that the User has materially or repeatedly breached these Terms, infringed the rights of others, endangered the App or other Users, committed fraud or misuse, or where restriction is required by law.

(2) When deciding on a measure, the Provider will take account of the nature, severity and frequency of the conduct and the interests of the User and other affected persons. Where possible and reasonable, the Provider will inform the User of the reason and scope of a restriction and provide an opportunity to respond. Immediate action may be taken where necessary to protect Users, systems or legal interests.

(3) A User may stop using the App at any time and may delete their Account through Settings > Account settings > Delete Account. If the User cannot access the App, the account-deletion page provides an alternative request route.

(4) Deleting the Account ends the contract for free use once deletion is completed. Provisions that by their nature continue to apply, including provisions concerning liability, retained moderation records, legal claims and applicable licences during technical deletion periods, remain unaffected.

(5) Account deletion does not automatically cancel an active Pro Subscription and does not necessarily result in immediate deletion of every record held by an app store or external service provider. The App Privacy Policy explains the deletion process and relevant exceptions.

Section 12 Rights of use in the App

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

(2) The App, its software, design, training content, graphics, trade marks and other Provider content are protected by intellectual-property laws. Reproduction, distribution, making available to the public, commercial exploitation or provision to third parties is prohibited unless authorised by the Provider or permitted by law.

(3) Mandatory statutory rights, including rights to undertake acts necessary for lawful use of software, remain unaffected.

Section 13 Availability and maintenance

(1) The Provider endeavours to make the App available with as little interruption as reasonably possible. The Provider may carry out maintenance, security measures and updates and may temporarily restrict availability where required.

(2) Uninterrupted and error-free availability cannot be guaranteed, particularly in the event of maintenance, technical faults, app-store or network disruption, force majeure or circumstances outside the Provider’s reasonable control.

(3) Statutory rights concerning the supply of digital products and remedies for defects remain unaffected.

Section 14 Liability and health information

(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health caused intentionally or negligently, under the German Product Liability Act, and where the Provider has assumed an express guarantee.

(2) In the event of a slightly negligent breach of an essential contractual obligation, the Provider’s liability is limited to the foreseeable loss typical for the contract. Essential contractual obligations are obligations whose performance makes proper performance of the contract possible and on which the User may regularly rely.

(3) In all other cases, liability for slight negligence is excluded to the extent permitted by law. The above limitations also apply for the benefit of the Provider’s legal representatives, employees and agents.

(4) The App provides general fitness and training support and does not provide medical advice, diagnosis or treatment. Before beginning or changing a training programme, Users should obtain medical advice where appropriate, particularly in the case of cardiovascular conditions, injuries, chronic illness, pregnancy or other health risks.

(5) Users must take account of their own health, fitness level, surroundings and safe exercise technique. They should stop training and seek appropriate assistance if they experience pain, dizziness, breathing difficulties or other concerning symptoms. Nothing in these Terms excludes mandatory liability.

(6) A particular fitness, health or training result is not owed or guaranteed.

Section 15 Data protection

(1) The Provider processes personal data in accordance with the App Privacy Policy and applicable data-protection law.

(2) The Privacy Policy explains the relevant processing and legal bases. Acceptance of these Terms does not constitute consent to processing for which the law requires separate consent.

Section 16 Amendments to these Terms

(1) The Provider may propose or make reasonable amendments to these Terms where there is an objective reason, including changes in law, binding decisions, security requirements, technical developments, changes to App functions or the closure of contractual gaps. An amendment must not alter the balance of the contract to the User’s unreasonable disadvantage.

(2) The Provider will inform Users of material amendments in an appropriate manner and with reasonable advance notice before they take effect. The notice will explain the substance of the amendment and its intended effective date.

(3) Amendments to prices, the core scope of an active paid service or other provisions for which applicable law requires agreement will take effect only with the User’s express consent or through a new purchase decision in the relevant app store.

(4) Where the Provider cannot reasonably continue the contract without an amendment and the User does not agree to it, either party may end the affected contract in accordance with applicable law. The User may always stop using the free App and delete the Account. An active Pro Subscription must additionally be cancelled through the relevant app store.

Section 17 Governing law, jurisdiction and dispute resolution

(1) The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. If the User is a consumer and habitually resides in another country, this choice of law does not deprive the User of mandatory protections that apply under the law of that country.

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

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

Section 18 Final provisions

(1) Individual agreements between the Provider and the User take precedence over these Terms. The statutory priority of individual agreements remains unaffected.

(2) If a provision of these Terms is or becomes wholly or partly invalid, the validity of the remaining provisions is unaffected. The applicable statutory rule applies in place of the invalid provision.

(3) A failure by either party to enforce a right in an individual case does not constitute a waiver of that right for the future.