Terms of use

DIABOLIQ is operated by DIABOLIQ OÜ (in formation), a private limited company (osaühing) with its registered office in Estonia, which has not yet been entered in the Estonian commercial register. Our address is: Tornimäe tn 5, 10145 Tallinn, Estonia. The person authorised to represent the company is Ralf Joch.

You can reach us at support@diaboliq.com, via the contact form at https://diaboliq.com/support, by phone on +49 15679 318564, or by post at the address given above.

These terms govern your DIABOLIQ account and the training services offered through it. They are addressed to consumers who use DIABOLIQ for their personal training. For purchases, the description of services shown before the order and the purchase confirmation also apply. Individual agreements and mandatory statutory rights take precedence.

For obtaining the app and for purchases through an app store, the terms of the respective store apply in addition. The roles involved in a purchase follow from the ordering process and the purchase receipt. DIABOLIQ OÜ remains responsible for the services it owes. For the licence to the app obtained through Apple, the standard end user licence agreement incorporated there applies. These terms supplement the use of our service; they do not replace that app licence.

You must be at least 18 years old. You need a supported device – currently an iPhone –, the required operating system version and, for sign-in, synchronisation and online features, internet access. We state the technical requirements before the download and before a purchase. Charges from your mobile or internet provider are borne by you.

This is how the contract is concluded: you enter your email address in the app, and we send you a link. Via the link you choose a name, agree to these terms and confirm that you are at least 18 years old. Until then you can change any entry, including an incorrectly entered address, or cancel the process. With "Create an account" we create your account; this concludes the free usage contract. An application for the test group alone does not yet give rise to any claim to access.

You can read, save and print these terms before registration in the app and at https://diaboliq.com/nutzungsbedingungen. After registration we will send you the contract confirmation including the full text of these terms and the instructions on withdrawal by email. We store which version of these terms you agreed to and when.

A payment obligation only arises through a separate, expressly confirmed paid order. Registration and agreeing to these terms do not conclude a paid subscription. Before a purchase you receive, in particular, information on the service, total price, billing, term, renewal and cancellation. The confirmation of a purchase is provided to you on a durable medium, for example by email.

Your account is intended for your personal use. Keep your contact details up to date and protect your means of access, that is, your email inbox and the devices on which you sign in with Face ID. Let us know about any suspected unauthorised access as promptly as possible. This does not create any no-fault liability for the acts of third parties.

DIABOLIQ helps you to select exercises, put together training plans, document your training sessions and track your progress. The free SPARK access includes the exercise catalogue, plans you create yourself, manual editing of your plans, training and the progress display, as well as the conversation with the AI coach.

The AI coach supports you in conversation and can generate training plans on the basis of the details you provide. The conversation is also available to you with free access as soon as you have consented to the processing required for it (clause 11). The coach generates a plan with a single purchase, with BLAZE or after an express activation during the test phase (clauses 5 and 6).

So that the coach is available to everyone, we may limit the number of messages to it to a reasonable extent, for example per day, in order to prevent abusive or automated use and disproportionate costs. We will show you any such limit in the app before it takes effect.

The services agreed at the time the contract was concluded and the statutory requirements for digital products are decisive. Specific commitments in the description of services, in advertising or in an invitation are not cancelled by these terms. We will explain additional features such as nutrition, studio check-ins or challenges when they are introduced, including any conditions of participation and costs.

In the conversation with the coach you are interacting with artificial intelligence. Answers can be incomplete, inappropriate or incorrect. An automated rule check reviews generated plans against the exercise catalogue, the details of yours that are taken into account and stored training rules. It is not a personal examination and guarantees neither the detection of all risks nor the individual suitability of every exercise.

DIABOLIQ is intended for general fitness training. The app does not provide any medical diagnosis, treatment or rehabilitation and does not replace personal medical or physiotherapeutic advice. It does not observe how you perform exercises and is not an emergency service. No particular training success, weight loss or muscle gain is promised.

Choose exercises, load and weights according to your actual ability. If you have complaints, injuries or are unsure about how much you can take, seek professional advice. Stop exercises that trigger pain or other warning signs. Notices, training streaks and rewards are no reason to disregard necessary recovery or health limits.

If you provide details about your training situation or voluntary health details, they must be accurate to the best of your knowledge. Update them if anything changes. The app cannot reliably take account of limitations that are unknown or have not been recorded. With plans you create yourself or have changed yourself, warning notices may appear; the fact that you save a plan anyway is not a professional approval.

A personal check by a qualified person is only owed if it has been expressly agreed as part of your offer. The automated plan check is not such a personal check. Our statutory obligations and our liability remain unaffected by the notices above.

The first test phase takes place by invitation on the iPhone via Apple TestFlight. Participation and purchases simulated within this test version are free of charge. Invitations are issued according to available places. We will tell you the scope of the test offered before it begins.

The test phase is envisaged to run until the public launch of DIABOLIQ in the App Store. A binding launch date is not currently promised. We will inform you in good time about the end and the subsequent usage options. Paid access will then only arise through a separate order from you; participation in the test is not automatically converted into a paid subscription.

A test version may contain errors and temporary interruptions; individual TestFlight versions may expire and require an update. We will explain necessary changes in accordance with clause 12. Statutory rights are not excluded by the designation as a test version.

You can end your participation at any time. Feedback is voluntary. We use it to improve the product; your message is not consent to the publication of your name, your details or a testimonial.

Paid services only apply once they are actually offered and ordered by you. The euro prices below are understood to include any applicable value added tax. We show the total price applicable to your store and your country before the order.

SPARK · free

catalogue, your own plans, manual plan editing, training and progress, conversation with the coach

Coach single plan · €2.49 per purchase

one successful plan generation by the coach, for a new or adjusted plan; can be purchased individually again, without a subscription

BLAZE monthly · €7.99 per month

up to six successful plan generations per usage month, for new plans or plans adjusted by the coach

BLAZE yearly · €69.99 per year

the same services as with the monthly offer; up to six successful plan generations per usage month

A single purchase covers exactly one successful plan generation. Several single purchases add up; a further purchase does not replace an as yet unused single plan entitlement. A single plan entitlement that has not yet been used up is not given any additional contractual expiry period; statutory limitation rules remain unaffected. The purchase does not give rise to any ongoing claim to later adjustments by the AI coach. You can buy further single plans and change existing plans manually.

With BLAZE, the usage month starts when the subscription starts and thereafter on the corresponding calendar day of the following month. If that day does not exist, the last day of the month applies. Unused plan generations are not carried over into the next usage month. With the yearly offer, not all monthly allowances are issued at the start. If the allowance for a usage month has been used up, the coach tells you so before it starts a plan.

Messages in the conversation with the coach are not counted against the plan generations. If you ask the coach to adjust an existing plan, it generates a new plan; that counts as a plan generation, both with a single purchase and with BLAZE. You can change your plans manually at any time without anything being counted.

We only count a plan generation once the plan has been successfully provided. An aborted technical attempt or a replacement plan provided after a technical failure does not use up a paid plan entitlement. Rights in the case of defective performance remain in place even after an initially successful provision.

Plans that have already been provided can continue to be used and edited manually in your existing free account after BLAZE ends. The end of the subscription deletes neither your training log nor, for that reason alone, your plans.

Single purchases are billed once. With BLAZE, billing takes place monthly or yearly in advance, according to your choice. Automatic renewal only applies if it was clearly stated before the order and was ordered by you as well. The billing period, the first renewal date and the cancellation route are stated in the purchase confirmation.

You can switch off automatic renewal at any time with effect from the end of the current agreed period. After an initial contract term, a purely automatic renewal does not create a new fixed one-year commitment for consumers in Germany: the renewed contract continues for an indefinite period and can be terminated at any time with a notice period of no more than one month. Fees already collected for periods after the contract effectively ends will be refunded on a pro rata basis.

With a subscription managed through Apple, you can end the regular renewal in the subscription settings of your Apple Account. Further rights of cancellation and refund under the Apple terms applicable to your store remain in place.

For subscriptions concluded directly with DIABOLIQ OÜ, you can also address your cancellation to support@diaboliq.com. Where required by law, we additionally provide an electronic cancellation function. If there are problems matching your account, we will help you regardless of the purchase route. Merely uninstalling the app does not end a subscription. Even if you delete your account, a subscription managed through the store must be ended separately there; we will point this out to you before the account deletion.

A price change does not have retroactive effect on a period already paid for. For a change to the price agreed with DIABOLIQ OÜ, we obtain your express consent before it takes effect. Silence does not count as consent. Statutory rights to withdraw, to terminate for cause and to a refund remain in place.

As a consumer, you generally have a statutory right of withdrawal for distance contracts. You will find the instructions for contracts concluded directly with DIABOLIQ OÜ in Annex 1. For purchases where Apple or another store is itself the seller, you receive the relevant instructions on withdrawal during the purchase process there. The respective additional refund options remain in place.

Coach single plans and BLAZE are digital content: with each plan we provide you with data in digital form. The right of withdrawal expires as soon as we begin the provision — with a single plan when the plan is provided, with BLAZE with the first plan — if the statutory requirements are met. These include your prior express consent that we begin before the withdrawal period expires, your confirmation that you thereby lose your right of withdrawal, and the required contract confirmation. We obtain both during the purchase process, before you pay.

Where we provide a digital service, for example with the free usage contract, mere activation or first use does not, by contrast, lead to the complete expiry of the right of withdrawal. An early expiry requires the statutorily prescribed declarations and the complete performance of the service owed. Any pro rata compensation for value is only possible under the statutory conditions. With a free usage contract, no usage fees arise as a result of the withdrawal.

A general agreement to these terms of use does not replace a separately required declaration on the early commencement of performance. Legitimate withdrawals and refunds are not treated as abuse. After an effective unwinding of the contract, the specific paid entitlement that was refunded may cease to exist; independent purchases and your free account remain unaffected by this.

Training statistics, Glut and badges serve your personal orientation and motivation. They are not medical measurements and not proof of any particular physical ability.

For Glut, levels and badges, a completed training session with at least one logged set and a duration of at least ten minutes according to server time counts. At most one such training session per calendar day according to UTC is taken into account, which may differ from your local time around midnight. This counting concerns the reward display; it recommends neither a minimum load nor daily training.

If you reach the Flamme, Feuer or Inferno level (50, 100 and 250 training sessions according to this counting), we will send you your badge for that level to your home free of charge, once per level. To do so, you provide your delivery address, size and fit in the app and choose the colour. We deliver to the member states of the European Union. The badge is designed from your Glut on the day you provide these details. The level you are currently on applies: if you reach the next level before you have provided your details, you receive the badge for the new level. If an order is cancelled, the level in question is not thereby deemed to have been redeemed; if you request it again, the rule on the current level continues to apply. There is no claim to a design other than the one determined in this way, to a cash payment or to a freely selectable substitute reward. Statutory claims remain unaffected.

Before dispatch we check the count. If there are specific indications of manipulated training sessions (clause 13), we may hold back dispatch and ask you for clarification. We may end this programme for levels reached in the future with at least 30 days' notice; for levels you have reached by then, it remains in place.

We may correct incorrect entries and technical double counts in a comprehensible manner. In the case of disputed corrections, you can ask support to review them. Further restrictions require the conditions in clause 13 to be met. These counting rules do not at the same time determine the award of Ember.

Ember are only awarded and redeemed within the framework of an expressly activated programme. Before you take part, separate programme terms explain in particular the qualifying actions, the amount and limits of the award, the redemption options and, where applicable, any deadlines. These terms do not become part of an existing contract merely by being published on the website later on.

These terms of use do not open up any paid Ember top-up and contain no expiry rule for balances. Beyond clause 9, digital levels or badges do not give rise to any claim to a physical reward. Claims that have already been specifically promised or acquired under binding promotion terms remain in place.

For any later purchase of goods, separate terms of sale and delivery, including price, shipping, delivery area and information on withdrawal, are provided before the order. A paid order or additional payment requires your express confirmation.

How we process personal data is explained in our privacy policy at https://diaboliq.com/datenschutz. It is information about the data processing. Agreeing to these terms of use is not a blanket consent under data protection law.

We obtain the necessary consents, in particular for health details, voluntary body details and AI processing, separately. You can withdraw them with effect for the future via the account settings provided for this or by sending a message to support. Features that require this processing may be restricted afterwards. The free training features without AI remain usable. Statutory rights under contracts already paid for remain unaffected.

You retain your rights to your own content. You only permit us the use that is necessary to provide the features you have chosen, for example the storage, processing and display of your entries. This does not result in any general right to advertise using your details or to use them for model training. Only enter content that you are lawfully entitled to use; avoid third-party health data and other confidential information that is unnecessary for the training.

You may use the plans and instructions provided to you for your personal training. You may not copy, collect or further distribute images, videos, trade marks and other protected content of DIABOLIQ OÜ or of our licensors out of the app, unless the law expressly permits it. We do not promise any exclusive copyright in AI outputs.

We provide the agreed services and the functionality and security updates required by law and inform you about them. Install necessary updates within a reasonable time. The statutory consequences of a failure to install require, in particular, that we have properly informed you about the update and its significance.

Maintenance, technical faults or problems with external services can temporarily impair access. We keep necessary interruptions as short as possible and announce plannable substantial maintenance where possible. Uninterrupted availability is not promised; claims for services not provided or not provided in accordance with the contract remain in place.

Beyond necessary error corrections, we may change the service if there is a valid reason: new statutory requirements, specific security risks or necessary adaptations to changed operating systems and interfaces. The change must be reasonable, must not cause you any additional costs and will be explained in a comprehensible manner.

If a change impairs your access or use to more than a merely negligible extent, we will inform you in advance, with reasonable notice and on a durable medium, about the content, the timing and your rights. You can end the affected contract free of charge within 30 days; the period begins with the information or, if later, with the change. This does not apply if we maintain the unchanged use in accordance with the contract without additional costs. Further statutory rights remain in place.

In particular, the following are not permitted: attacks on the service, circumventing access restrictions, the manipulative generation of training or reward entitlements, unlawful content, and automated bulk queries outside an interface or permission provided by us. This does not prohibit acts that are protected by law.

If there are specific indications of a substantial breach, we may temporarily restrict the features concerned. The nature and duration must be appropriate to the occasion. Where reasonable, we will inform you beforehand and give you the opportunity to comment or to remedy the matter. In the case of immediate security risks, an immediate restriction may be necessary; the reasons will then follow without delay, as far as legally permissible.

You can request a review at support@diaboliq.com. A permanent account block or termination on the grounds of a breach requires good cause; a prior warning will be given where it is necessary. A chargeback, a complaint or the exercise of statutory rights alone does not justify any sanction. Outstanding payments, balances or refunds are decided in accordance with the contract and the law, not by blanket forfeiture.

We accept notices of unlawful content and requests from authorities at support@diaboliq.com, in German or English.

You can end the free usage contract at any time by deleting your account in the app or by sending a message to support. In doing so, you take account of any running store subscriptions in accordance with clause 7. Before a final deletion, you can use the access and export function offered or request an export owed by law from support.

We can terminate the free usage contract with 30 days' notice. Existing paid entitlements are not shortened by this: we must fulfil them or end and settle the contract concerned in accordance with the statutory rules. Both sides may terminate for good cause.

If you do not sign in for 24 months, we will write to you at the email address you have stored. If you then do not sign in within 30 days, we will delete your account; this ends the free usage contract. We do not delete without a message having been delivered, and as long as a paid subscription is running, we do not delete for lack of sign-in.

Before a regular termination initiated by us, we will give you a reasonable opportunity to back up your content. Statutory rights to the provision of your own content apply in addition. Deletion and any required retention are governed by the privacy policy and by statutory obligations.

For digital content or digital services that are not provided or are defective, your statutory rights apply, in particular to provision in accordance with the contract or to bringing the service into conformity with the contract and, under the statutory conditions, to a price reduction, termination of the contract and a refund.

Our liability is governed by the statutory provisions. These terms limit neither claims for injury to life, body or health nor any other statutory liability claims. This also applies to the test phase. Notices about the limits of AI or about your duties to cooperate are not an exclusion of liability and do not reverse the statutory burden of proof.

We will propose changes to these terms of use to you with a comprehensible explanation. Unless they already follow directly from mandatory law, they only take effect for your existing contract with your express consent. Silence and merely continuing to use the service do not replace this consent.

Without consent, the previous terms continue to apply. Statutory rights of termination or rights of termination already agreed remain in place. The special rules for product changes in clause 12 and for price changes in clause 7 remain unaffected.

Estonian law applies to the contract with DIABOLIQ OÜ. As a consumer, you additionally retain the protection of the mandatory provisions of the state of your habitual residence, in so far as these apply under the applicable private international law. The choice of law does not take this protection away from you.

The applicable statutory rules on jurisdiction apply. These terms do not oblige you to bring proceedings exclusively in Estonia. We are currently not willing and not obliged to take part in a voluntary procedure before a consumer alternative dispute resolution body. Statutory information and participation obligations remain unaffected.

These terms exist in German. If we provide them in further languages, the version in the language in which you agreed to them applies. Should a provision be invalid, the statutory rules apply in its place; the rest of the contract remains in place, in so far as the law so provides.

These instructions apply to contracts that you conclude directly with DIABOLIQ OÜ, including the free usage contract. If you buy through an app store that is itself the seller, the instructions provided there apply to that purchase.

(If you want to withdraw from the contract, please fill in this form and send it back.)

To DIABOLIQ OÜ, Tornimäe tn 5, 10145 Tallinn, Estonia, email: support@diaboliq.com

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the supply of the following digital content (*) / the provision of the following service (*):

______________________________________________________________

Ordered on (*) / concluded on (*): __________________________

Name of the consumer(s): _________________________________

Address of the consumer(s): ______________________________

Email address of the DIABOLIQ account (voluntary, for matching): __________

Signature of the consumer(s) (only if this form is notified on paper): __________

Date: ______________________________________________________

(*) Delete as appropriate.