Terms of Service

1. Introduction and Agreement to Terms

These Terms of Service (“Terms,” “Agreement”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Jonas Langenberg IT (“Company,” “we,” “us,” or “our”) governing your access to and use of the Kairos mobile application (the “App”) and all related services (collectively, the “Services”).

By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Eligibility

You must be at least 16 years of age to use the Services. If you are between 16 and 18 years old, you should review these Terms with your parent or legal guardian.

By using the Services, you represent that you are physically capable of participating in fitness activities and have consulted with a qualified healthcare professional before beginning any exercise program if you have any medical conditions.

3. Description of Services

Kairos is a fitness application that provides personalized workout planning, fitness testing, adaptive programming, health integration, optional AI enhancement, and progress tracking.

The Services do not constitute medical advice, diagnosis, or treatment and are not a substitute for professional medical guidance.

4. Subscription Terms and Pricing

4.1 Subscription Options

4.2 Free Trial

New users are eligible for a 14-day free trial with full access to all premium features. Your payment method will be charged automatically when the trial ends unless you cancel at least 24 hours before the trial period expires.

4.3 Automatic Renewal

4.4 Cancellation

To cancel: iPhone Settings > [Your Name] > Subscriptions > Kairos > Cancel Subscription. Cancellation takes effect at the end of the current billing period.

5. Medical Disclaimer and Assumption of Risk

You must consult with a qualified physician before beginning any exercise program, especially if you have heart disease, high blood pressure, diabetes, chronic medical conditions, injuries, or have been sedentary.

Physical exercise involves inherent risks including muscle strains, joint injuries, cardiovascular events, and equipment-related injuries. You acknowledge these risks and agree to stop immediately if you experience pain, dizziness, chest pain, or shortness of breath.

6. Intellectual Property Rights

All content, features, and functionality of the Services are owned by Jonas Langenberg IT and protected by copyright and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for personal, non-commercial use.

7. User Conduct

You agree to use the Services only for lawful purposes. You may NOT:

• Violate any laws or regulations
• Attempt unauthorized access to our systems
• Use automated systems to access the Services
• Create multiple accounts to abuse free trials
• Upload viruses or malicious code

8. Termination

You may terminate by canceling your subscription, deleting your data in the App, and uninstalling the App.

We may terminate your access for violation of these Terms. Upon termination, all licenses cease and you must stop using the Services.

9. Limitation of Liability

Our liability under German law:

• Unlimited liability for damages caused intentionally or through gross negligence, death, bodily injury, or health damage
• Limited liability for simple negligence in breach of essential contractual obligations, limited to foreseeable, typically occurring damages
• Total liability cap limited to subscription fees paid in the 12 months preceding the damage-causing event (except unlimited liability cases)

We do not guarantee any specific fitness results. Outcomes depend on individual factors beyond our control.

10. Warranty

Your statutory warranty rights under German law remain unaffected. Under Sections 327 et seq. BGB (Digital Products), you have warranty rights if the Services have defects.

To report defects, contact support@kairosfitness.app with a description of the defect, your device and iOS version, and steps to reproduce the issue.

11. Indemnification

You agree to indemnify us from claims arising from your misuse of the Services, your violation of these Terms, your violation of third-party rights, or your violation of applicable laws. This does not apply to the extent we are responsible for the underlying cause.

12. Dispute Resolution and Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

For consumers: Statutory jurisdiction applies. You may sue us in Steinfurt or your place of residence. We may only sue you at your place of residence.

The European Commission provides an online dispute resolution platform: https://ec.europa.eu/consumers/odr

13. General Provisions

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us.
• Severability: If any provision is invalid, it shall be replaced by a valid provision that most closely achieves the intended purpose.
• Assignment: You may not assign these Terms without our consent.
• Language: For German consumers, in case of ambiguity, the interpretation most favorable to you applies.

14. Apple App Store Terms

You acknowledge that these Terms are between you and Jonas Langenberg IT, not Apple. Apple is not responsible for the App or its content. Jonas Langenberg IT is responsible for support and warranty claims. Apple and its subsidiaries are third-party beneficiaries of these Terms.

15. Contact