Effective Date: March 9, 2026
1. About Athilion and How to Reach Us
We are Athilion GbR, operating under the name Athilion (referred to throughout this document as "Company," "we," "us," or "our"). We are a company registered in Germany, located at Schneidemühler Str., 20D, Karlsruhe, Baden-Württemberg 76139. Our VAT number is DE458403564.
Athilion is an AI-powered fitness mobile application that helps users create personalized training and nutrition plans based on their individual goals.
We run the Athilion mobile application (the "App"), along with any related products and services that reference or link to these terms (the "Legal Terms"). The App and all such related products and services are collectively called the "Services."
Contact information:
- Phone: (+49)1632750074
- Email: admin@athilion.com
- Mail: Schneidemühler Str., 20D, Karlsruhe, Baden-Württemberg 76139, Germany
2. Overview of This Agreement
These Legal Terms form a binding legal agreement between you — whether acting as an individual or on behalf of an organization ("you") — and Athilion GbR. They govern your access to and use of the Services. By accessing or using the Services, you confirm that you have read and understood these Legal Terms and that you agree to follow all of them. If you do not agree with these Legal Terms in their entirety, you are not permitted to use the Services and must stop using them right away.
The Services are designed for users who are at least 13 years old. If you are a minor in your jurisdiction (typically under 18 years old), you may only use the Services with the permission and direct supervision of a parent or guardian. If you are a minor, your parent or guardian must read and agree to these Legal Terms before you use the Services.
We may publish additional terms, conditions, or documents on the Services from time to time. When we do, those supplemental materials become part of these Legal Terms. We may also update or modify these Legal Terms at any time, as we determine appropriate. When we make changes, we will update the "Effective Date" shown above. We are not obligated to send individual notifications when changes occur, and you should not expect one. It is your responsibility to check these Legal Terms regularly so you stay informed of any updates. Continued use of the Services after revised Legal Terms are posted constitutes your acceptance of the updated version.
We suggest that you save or print a copy of these Legal Terms for your records.
3. Scope and Limitations of the Services
The information available through our Services is not meant for use by anyone in a place where that use would break local laws or regulations, or where it would require us to register or comply with requirements in that location. If you choose to use our Services from such a location, you do so on your own initiative and you alone are responsible for following any local laws that apply to you.
Our Services are not designed to meet the requirements of industry-specific laws such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or similar regulations. If your use of the Services would fall under any such laws, you may not use the Services. Additionally, you may not use the Services in any way that would violate the Gramm-Leach-Bliley Act (GLBA).
Product Availability
All products depend on current availability. We may discontinue any product at any time and for any reason. The prices of any products may change at any time.
Changes and Service Interruptions
We may change, update, or remove any content or features of the Services at any time and for any reason without giving you prior notice. We are not required to keep any information on our Services current or up to date. No person or entity may hold us responsible for any changes we make to the Services, including modifications, price adjustments, temporary suspensions, or permanent shutdowns.
We do not guarantee that the Services will be available at all times without interruption. Hardware failures, software issues, or other technical problems may occur, and we may need to perform maintenance — any of which could cause delays, errors, or temporary outages. We may also change, revise, update, suspend, or discontinue the Services at any time and for any reason without notifying you. You agree that we bear no responsibility or liability for any loss, damage, or inconvenience you experience because you cannot access or use the Services during any period of downtime or discontinuation. Nothing in these Terms obligates us to maintain or support the Services, or to provide any fixes, updates, or new versions.
Corrections
The information available through the Services may sometimes contain typos, errors, or missing details — including in descriptions, pricing, availability, and other content. We may correct any such errors and update information on the Services at any time, without giving you advance notice.
4. Your Responsibilities as a User
Representations and Guarantees
By using the Services, you confirm and guarantee the following:
- All registration information you provide will be truthful, accurate, up to date, and complete.
- You will keep your registration information accurate and update it promptly whenever it changes.
- You have the legal ability to enter into a binding agreement and you agree to follow these Legal Terms.
- You are at least 13 years old.
- You are either a legal adult in the place where you live, or if you are a minor, you have obtained your parent's or guardian's permission to use the Services.
- You will not access the Services using automated tools or non-human methods, including bots, scripts, or similar technology.
- You will not use the Services for any illegal or unauthorized purpose.
- Your use of the Services will not break any law or regulation that applies to you.
If any information you provide turns out to be false, inaccurate, outdated, or incomplete, we may suspend or terminate your account and refuse to let you use the Services — in whole or in part — now or in the future.
Account Registration and Security
You may need to register for an account before you can use the Services. You agree to keep your password private and not share it with others. You are responsible for all activity that occurs under your account and password. We may remove, reclaim, or change any username you choose if we determine that the username is inappropriate, obscene, or otherwise objectionable.
Prohibited Activities
You may only use the Services for the purposes we have made them available. You may not use the Services for any commercial purpose unless we have specifically approved it.
As a user of the Services, you agree not to:
- Collect, scrape, or systematically extract data or other content from the Services to build any kind of collection, database, or directory, whether directly or indirectly, without our written permission.
- Deceive, defraud, or mislead us or other users, particularly to obtain sensitive account information like passwords.
- Bypass, disable, or tamper with any security features of the Services, including features that protect content from being copied or that limit how the Services or their content may be used.
- Say or do anything that, in our view, damages our reputation or harms the Services.
- Use any information you get from the Services to harass, abuse, or harm anyone.
- Misuse our support services or file false reports of abuse or misconduct.
- Use the Services in any way that violates any applicable law or regulation.
- Frame or link to the Services without authorization.
- Upload or try to upload viruses, Trojan horses, or other harmful material — including spam, excessive use of capital letters, or repetitive posts — that disrupts anyone's use of the Services or that damages, impairs, or interferes with the functioning, features, or maintenance of the Services.
- Use any automated system to interact with the Services, such as scripts to send comments or messages, or use data mining tools, bots, or similar extraction tools.
- Remove any copyright or ownership notices from any content on the Services.
- Impersonate another user or person, or use someone else's username.
- Upload or try to upload any material that secretly collects or transmits information, including but not limited to tracking pixels, clear GIFs, 1×1 pixels, web bugs, cookies, or similar tracking technologies.
- Overload or disrupt the Services or any networks or systems connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents who help provide the Services to you.
- Try to get around any access controls or restrictions built into the Services.
- Copy or adapt the software behind the Services, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Unless applicable law permits it, attempt to decode, decompile, disassemble, or reverse-engineer any software that makes up any part of the Services.
- Apart from normal search engine or web browser use, create, use, or distribute any automated tool — including any spider, bot, cheat tool, scraper, or offline reader — that accesses the Services, or run any unauthorized script or software on the Services.
- Use a buying agent or purchasing agent to make purchases through the Services.
- Use the Services in any unauthorized way, including collecting usernames or email addresses from users (by electronic or other means) to send unsolicited emails, or creating accounts through automated methods or under false pretenses.
- Use the Services to compete with us, or use the Services or their content to generate revenue or for any commercial venture.
- Use the Services to advertise or offer goods and services for sale.
- Sell or transfer your profile to anyone else.
- Exploit any code vulnerability, bug, or loophole to use token counts that have not been paid for through your account subscription.
- Rely on the AI's training or any of its output as a substitute for professional medical advice or any similar professional consultation. The AI's output may be inaccurate or misleading, and you should treat it accordingly.
- Use the AI for any purpose other than the Services' intended functions.
- Use the AI features in any manner clearly inconsistent with personal, individual fitness use — including automated or scripted access, account sharing, reselling AI-generated output, using the Services as a general-purpose AI tool, or sustained usage patterns that materially exceed the published allowances.
Contributions You Create or Share
Our Services do not currently allow users to submit or post content. However, we may give you the ability to create, submit, post, display, send, perform, publish, distribute, or broadcast content and materials to us or through the Services. This includes, but is not limited to, text, written works, video, audio, photographs, graphics, comments, suggestions, personal information, or any other material (together called "Contributions").
Other users of the Services and visitors to third-party websites may be able to see your Contributions. Because of this, any Contributions you share will be handled according to our Privacy Policy.
By creating or sharing any Contributions, you confirm and promise that:
- Your Contributions do not — and will not — violate anyone else's intellectual property rights, including copyrights, patents, trademarks, trade secrets, or moral rights.
- You either created and own the Contributions, or you hold all necessary licenses, rights, permissions, consents, and releases to use them and to let us, the Services, and other users use them in every way the Services and these Legal Terms allow.
- Every person who is identifiable in your Contributions has given you written permission to use their name or likeness in the ways allowed by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not spam, unsolicited or unauthorized advertising, promotional material, pyramid schemes, chain letters, mass messages, or any other form of unwanted solicitation.
- Your Contributions are not obscene, sexually explicit, vulgar, violent, harassing, defamatory, or otherwise offensive, as we determine in our judgment.
- Your Contributions do not ridicule, mock, belittle, intimidate, or abuse any person.
- Your Contributions are not used to harass or threaten (in the legal meaning of those words) anyone, or to encourage violence against any specific person or group of people.
- Your Contributions do not break any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any other person.
- Your Contributions do not violate any law related to child sexual abuse material or any law designed to protect the health or safety of minors.
- Your Contributions do not contain offensive remarks targeting race, national origin, gender, sexual orientation, or physical disability.
- Your Contributions do not otherwise violate — and do not link to material that violates — any part of these Legal Terms or any applicable law or regulation.
If you use the Services in a way that breaks any of the promises listed above, you are violating these Legal Terms. This may lead to consequences including, but not limited to, the suspension or termination of your right to use the Services.
Submissions and Feedback
When you send us any question, comment, suggestion, idea, feedback, or other information about the Services (referred to as "Submissions"), you agree to transfer all intellectual property rights in that Submission to us. You agree that we will own the Submission and may use and share it freely for any lawful purpose, whether commercial or not, without giving you credit or payment.
When you send us Submissions through any part of the Services, you:
- confirm that you have read and agree to follow the Prohibited Activities rules above, and that you will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the fullest extent allowed by law, relinquish any moral rights you may have in any such Submission;
- guarantee that each Submission is your original work or that you hold the necessary rights and licenses to submit it, and that you have full authority to grant us the rights described above in connection with your Submissions; and
- guarantee and confirm that your Submissions do not contain confidential information.
You bear sole responsibility for your Submissions. You expressly agree to compensate us for any and all losses we may experience as a result of your violation of (a) this section, (b) any third party's intellectual property rights, or (c) any applicable law.
License You Grant for Your Contributions
You and the Services agree that we may access, store, process, and use any information and personal data you provide, in accordance with the Privacy Policy and the preferences you select (including your settings).
If you submit suggestions or other feedback about the Services, you agree that we are free to use and share that feedback for any purpose, and we are not required to pay you for it.
We do not claim ownership of your Contributions. You keep full ownership of all your Contributions, including any intellectual property or other proprietary rights connected to them. We are not responsible for any statements or claims you make in your Contributions anywhere on the Services. You are the only person responsible for your Contributions, and you expressly agree to hold us harmless and not pursue any legal claims against us in connection with your Contributions.
5. Intellectual Property
Our Content and Marks
We own or hold licenses to all intellectual property rights connected to our Services. This includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics available through the Services (together called the "Content"), along with all trademarks, service marks, and logos that appear within them (the "Marks").
Copyright laws, trademark laws, other intellectual property and unfair competition laws, and international treaties in the United States and worldwide protect our Content and Marks.
We provide the Content and Marks through the Services on an "AS IS" basis. You may use them only for your own personal, non-commercial purposes.
Limited License to Use Our Services
As long as you follow these Legal Terms, including the Prohibited Activities section, we give you a limited license to:
- access the Services; and
- download or print a copy of any portion of the Content that you have legitimately gained access to,
for your own personal, non-commercial use only. This license is non-exclusive, meaning we can grant similar rights to others. It is non-transferable, meaning you cannot pass it to anyone else. And it is revocable, meaning we can withdraw it.
Unless these Legal Terms specifically allow it, you may not copy, reproduce, collect, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise use any part of the Services, Content, or Marks for any commercial purpose without getting our written permission first.
If you want to use the Services, Content, or Marks in any way not already permitted by these Legal Terms, please send your request to: admin@athilion.com. If we do give you permission to post, reproduce, or publicly display any part of our Services or Content, you must credit us as the owners or licensors of the Services, Content, or Marks, and you must make sure that any copyright or proprietary notice remains visible whenever you post, reproduce, or display our Content.
We keep all rights that we have not specifically given you regarding the Services, Content, and Marks.
If you violate any of these intellectual property rights, that will count as a serious breach of these Legal Terms, and your right to use our Services will end immediately.
6. Payments, Subscriptions, and Refunds
Accepted Payment Methods
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- PayPal
- Apple Pay
- Google Pay
Purchase Terms
When you make a purchase through our Services, you agree to provide accurate and complete payment and account information. You also agree to keep this information up to date — including your email address, payment method, and card expiration date — so we can process your transactions and reach you when necessary.
We will add sales tax to purchases where we determine it is required. We may change our prices at any time. All payments must be made in US dollars or Euros, depending on the customer's country and the payment method used.
You agree to pay all charges at the prices listed at the time of your purchase, including any applicable shipping fees. By placing an order, you authorize us to charge your selected payment provider for those amounts. If we discover an error or mistake in pricing, we retain the right to correct it, even if we have already requested or received payment.
We may refuse any order placed through our Services. We may also limit or cancel the quantities purchased per person, per household, or per order, as we deem appropriate. These limits may apply to orders placed using the same customer account, the same payment method, or the same billing or shipping address. We also retain the right to limit or block orders that, in our assessment, appear to come from dealers, resellers, or distributors.
Subscription Billing and Renewal
Your subscription stays active and renews automatically until you cancel it. By subscribing, you agree that we may charge your payment method on a recurring basis each billing cycle without needing separate permission for every individual charge. This recurring billing will continue until you cancel your subscription. The length of each billing cycle depends on the subscription plan you selected when you signed up for the Services.
Free Trial
We provide a 7-day free trial for new users who sign up for the Services, but only if they select a yearly subscription plan. Users who choose a monthly subscription are not eligible for the free trial.
If you select the yearly subscription and receive the 7-day free trial, we will automatically charge your account using the payment method you provided during sign-up once the 7-day trial period ends.
Cancelling Your Subscription
If you subscribed through the Apple App Store, you can manage or cancel your subscription through your Apple App Store account settings. If you cancel, your subscription will remain active until the end of the billing period you have already paid for. After that, it will not renew.
If you have questions or are not happy with our Services, please contact us by email at admin@athilion.com.
Fee Changes
We may change the subscription fee from time to time. If we do, we will notify you of any price changes as required by applicable law.
Fair Use of AI Features
The Services rely on third-party artificial intelligence ("AI") providers whose use incurs a per-request cost to us. To keep the Services sustainable for all subscribers and to prevent misuse, AI features are subject to the fair-use limits set out in this section.
Stated allowances. Each subscription plan includes a monthly allowance of AI feature usage. The current allowances are published in the App and on our website, and form part of these Legal Terms. As of the Effective Date, the yearly subscription includes up to 300 AI-generated plans per calendar month, with a safety rate-limit of up to 25 AI generations per day. Allowances reset on the 1st day of each calendar month, and unused allowance does not carry over.
Approaching your allowance. When your usage approaches the monthly or daily allowance, we may notify you in-app or by email so you can plan accordingly.
Reaching your allowance. If you reach an allowance, we reserve the right to temporarily limit, throttle, route AI requests to alternative or lower-cost AI models, or disable the corresponding AI feature for your account until the next reset on the 1st of the following calendar month. Non-AI features of the App will continue to function normally during this period. We will not charge you any amount above your subscription price without first asking you to upgrade or purchase additional usage and obtaining your explicit consent.
Adjustments to allowances. We may adjust the published allowances from time to time. Any reduction of allowances applicable to your existing subscription will be communicated to you at least 30 days in advance. If you do not wish to continue under the reduced allowances, you may cancel your subscription and receive a pro-rata refund for the unused portion of any prepaid billing period.
Abuse. Independently of the soft-enforcement steps above, we reserve the right to suspend or terminate AI features — and, where warranted under Section 13, the account itself — of any user whose usage pattern indicates abuse, including automated or scripted access, account sharing, resale of AI-generated output, use of the Services as a general-purpose AI gateway, or any other conduct prohibited under Section 4.
Refund Policy
All purchases are final. We do not provide refunds for any reason.
7. Mobile Application and Software
App Use License
If you use our Services through the App, we give you a limited license to install and use the App on wireless electronic devices that you own or control, and to access and use the App on those devices only as these Legal Terms allow. We may revoke this license at any time. You cannot share or transfer this license to others, and it does not give you exclusive rights.
Under this license, you must not:
- Decompile, reverse engineer, disassemble, try to extract the source code of, or decrypt the App, unless applicable law specifically permits you to do so;
- Modify, adapt, improve, enhance, translate, or create any work based on the App;
- Break any applicable laws, rules, or regulations when accessing or using the App;
- Remove, change, or hide any ownership notices (including copyright or trademark notices) that we or the App's licensors have placed on the App;
- Use the App to generate revenue, run a commercial business, or for any purpose the App was not designed or intended for;
- Make the App accessible over a network or other setup that allows multiple devices or users to access or use it at the same time;
- Use the App to build any product, service, or software that competes with the App or serves as a replacement for it, whether directly or indirectly;
- Use the App to send automated queries to any website or to send unsolicited commercial emails; or
- Use any of our proprietary information, interfaces, or other intellectual property to design, develop, manufacture, license, or distribute any applications, accessories, or devices intended to work with the App.
Apple and Android Device Terms
If you downloaded the App from the Apple App Store or Google Play (each referred to as an "App Distributor"), the following terms apply to your use of the App:
- Your license to use the App is non-transferable. You may only use the App on a device running Apple iOS or Android, as applicable, and you must follow the usage rules found in your App Distributor's terms of service.
- Maintenance and support for the App are our responsibility, as described in these Legal Terms or as required by law. You understand that the App Distributor has no obligation to provide any maintenance or support for the App.
- If the App fails to meet any applicable warranty, you may contact the App Distributor, which may — consistent with its own terms and policies — refund the purchase price you paid for the App, if any. To the fullest extent the law allows, the App Distributor has no other warranty responsibility for the App.
- You confirm and guarantee that (a) you are not located in any country that is under a US government embargo or that the US government has labeled as a country supporting terrorism, and (b) you do not appear on any US government list of prohibited or restricted persons or entities.
- You must follow any relevant third-party agreements when using the App. For example, if you use a voice-over-IP application, you must not violate your wireless data service agreement while using the App.
- The App Distributors are third-party beneficiaries of this section of these Legal Terms. Each App Distributor has the right — and is considered to have accepted that right — to enforce the terms in this section directly against you.
Other Software Provided Through Our Services
We may provide software as part of our Services. If that software comes with a separate end user license agreement ("EULA"), the EULA's terms will control how you may use that software. If the software does not come with a EULA, we give you a limited license to use it. This license is personal to you, meaning you cannot transfer it to anyone else. It can be revoked by us, does not give you exclusive rights, and only allows you to use the software in connection with our Services and in compliance with these Legal Terms.
All software and any related documentation are provided "AS IS." We make no warranties about the software, whether stated or implied. This includes, but is not limited to, any implied warranties that the software is of acceptable quality, that it is suitable for any particular use, or that it does not infringe on anyone else's rights. You assume full responsibility for any risks that come from using the software or from how it performs. You may not copy or redistribute any software unless the EULA or these Legal Terms specifically allow it.
8. Third-Party Accounts and Social Media Integration
Our Services may let you connect your account to accounts you hold with other service providers (each one called a "Third-Party Account"). You can do this in two ways: (1) entering your Third-Party Account login details through our Services, or (2) letting us connect to your Third-Party Account directly, as allowed by that provider's own terms.
By connecting a Third-Party Account, you confirm and promise that:
- You have the right to share your Third-Party Account login details with us or to let us access that account.
- Doing so does not violate any agreement you have with that third-party provider.
- Connecting the account does not require us to pay any fees to that provider or subject us to any usage restrictions that provider imposes.
When you give us access to a Third-Party Account, you understand that:
- We may retrieve, display, and store any content you have provided to or saved in that Third-Party Account (this content is called "Social Network Content"), making it available on and through our Services via your account. This includes, but is not limited to, your friend lists.
- We may send information to and receive information from your Third-Party Account, to the extent that you are told about this at the time you connect your account.
Depending on which Third-Party Accounts you connect and the privacy settings you have chosen within those accounts, personal information you have posted to those accounts may appear on and through your account on our Services.
If a Third-Party Account or its associated service stops being available, or if the third-party provider cuts off our access to that account, the related Social Network Content may no longer appear on or through our Services.
You can disconnect your account on our Services from any Third-Party Account at any time.
Your relationship with each third-party provider is governed entirely by your own agreement(s) with that provider — we are not part of that relationship.
We do not review Social Network Content for any reason, whether to check its accuracy, legality, or whether it infringes anyone's rights, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access the email address book linked to a Third-Party Account, as well as the contacts list on your mobile device or tablet, but only to identify and let you know which of your contacts have also signed up to use the Services.
You can turn off the connection between our Services and your Third-Party Account by reaching out to us using the contact information provided in this document, or through your account settings (if that option is available). Once you do, we will make reasonable efforts to delete from our servers any information we obtained through that Third-Party Account, except for the username and profile picture that became part of your account on our Services.
9. Privacy and Data
Privacy Policy
By using the Services, you agree to follow our Privacy Policy, which you can read at https://athilion.com/privacy. Our Privacy Policy is part of these Legal Terms and applies to you in the same way.
The Services are hosted in Singapore, Germany, and the United States. If you access the Services from anywhere else in the world where different laws or rules apply to the collection, use, or sharing of personal data, your continued use of the Services means you are sending your data to Singapore, Germany, and the United States. You specifically agree that your data may be transferred to and processed in those countries.
We do not intentionally collect or ask for information from children, and we do not intentionally direct marketing toward children. In line with the U.S. Children's Online Privacy Protection Act, if we learn that a child under the age of 13 has given us personal information without verified consent from a parent or guardian, we will delete that information from the Services as quickly as reasonably possible.
Your Data
We will store certain data that you send to the Services in order to manage and operate them, along with data related to how you use the Services. While we do perform regular backups as part of our routine operations, you are fully responsible for all data that you send or that is connected to any activity you carry out through the Services. You agree that we bear no liability for any loss of or damage to such data, and you relinquish any right to bring a claim against us arising from any such data loss or damage.
10. SMS Text Messaging
Program Description
By signing up for any Athilion text messaging program, you agree to receive text messages (SMS) on your mobile phone. These messages from Athilion may include appointment reminders, account alerts, and order updates.
Opting Out
You can stop receiving text messages from us at any time by replying "STOP" to any of our messages. We may send you a single confirmation text to let you know your request has been processed. Once confirmed, we will no longer send you text messages. If you later decide you want to receive text messages from us again, you can re-enroll by following the same sign-up process you originally used, and we will resume sending you text messages.
Message and Data Rates
Your mobile carrier may charge you for text messages and data when you send or receive SMS messages through our service. These charges depend on your carrier and the details of your mobile plan. Your carrier is not responsible if messages arrive late or fail to deliver. If you have questions about messaging or data charges under your plan, reach out to your wireless provider directly.
Support
If you have questions or need help with our SMS messages, you can reply to any message with the word HELP. You can also reach us by email at support@athilion.com or by phone at (+49)1632750074. For questions about how we handle your personal information, please see our Privacy Policy at https://athilion.com/privacy.
11. Disclaimers, Liability Limits, and Indemnification
Disclaimer of Warranties
We provide the Services "as is" and "as available," meaning we do not guarantee that they will be uninterrupted, error-free, or meet your specific needs. You assume full responsibility for any risks associated with your use of the Services.
To the greatest extent the law allows, we disclaim all warranties related to the Services and your use of them. This includes both express warranties and implied ones — such as implied warranties of merchantability (that the Services are of acceptable quality), fitness for a particular purpose (that the Services will suit your specific goals), and non-infringement (that the Services will not violate anyone else's rights).
We do not make any guarantees or promises about the accuracy or completeness of any content available through the Services, or of any content on websites or mobile applications that link to the Services. We will not be liable or responsible for any of the following:
- Errors, mistakes, or inaccuracies in content or materials.
- Personal injury or property damage of any kind that results from your access to or use of the Services.
- Any breach of or intrusion into our secure servers, or any compromise of personal information or financial information stored on them.
- Any interruption or stoppage of data transmission to or from the Services.
- Any harmful code — such as viruses, malware, or similar threats — that may be sent to or through the Services by any outside party.
- Any errors or omissions in content or materials, or any loss or damage of any kind that occurs because you used content that was posted, sent, or otherwise made available through the Services.
We do not endorse, guarantee, or accept responsibility for any product or service that a third party advertises or offers through the Services, through any linked website, or through any website or mobile application featured in a banner or other advertisement. Any dealings or transactions between you and any third-party provider of products or services are solely between you and that provider — we play no role in overseeing, facilitating, or bearing accountability for such transactions. Whenever you purchase a product or service through any channel or setting, you should exercise good judgment and appropriate caution.
Limitations of Liability
Our company, along with our directors, employees, and agents, will not be responsible to you or anyone else for any damages resulting from your use of the Services. This includes, but is not limited to, direct damages, indirect damages, consequential damages, exemplary damages, incidental damages, special damages, or punitive damages. It also covers lost profits, lost revenue, loss of data, or any other losses. This applies even if we were informed ahead of time that such damages might occur.
Even if anything else in this document says otherwise, the most we will ever owe you — for any reason and under any legal theory — is the total amount you actually paid to us during the six (6) month period before the event giving rise to your claim. If you paid us nothing during that period, our maximum liability is zero.
Some laws in certain U.S. states and in other countries do not permit restrictions on implied warranties or the exclusion or capping of certain types of damages. If any of these laws apply to your situation, some or all of the limitations described above may not apply to you, and you may be entitled to additional protections under those laws.
Your Duty to Defend and Compensate Us
You agree to protect and compensate us — including our subsidiaries, affiliates, officers, agents, partners, and employees — against any loss, damage, liability, claim, or demand, including reasonable legal fees and costs, that any third party brings against us because of or related to: (1) your use of the Services; (2) your violation of these Legal Terms; (3) any failure to meet the promises and guarantees you made in these Legal Terms; (4) your infringement of any third party's rights, including intellectual property rights; or (5) any deliberately harmful action you take toward another user of the Services whom you connected with through the Services.
Even so, we may choose to take over the sole defense and control of any matter you are required to compensate us for, and if we do, the costs will be yours. You agree to work with us, at your own expense, in defending against such claims. We will make reasonable efforts to let you know about any claim, lawsuit, or proceeding covered by this section once we become aware of it.
12. How We Manage the Services
We have the right, but are not required, to do any of the following:
- Monitor the Services to check for violations of these Legal Terms.
- Take appropriate legal action against anyone who, in our judgment, breaks the law or violates these Legal Terms. This may include, but is not limited to, reporting that person to law enforcement.
- Refuse access to, restrict, limit the availability of, or disable (where technically possible) any of your Contributions, in whole or in part, without limitation.
- Remove from the Services or disable any files or content that are unreasonably large or that place an excessive burden on our systems. We may do this without prior notice and without liability to you.
- Otherwise manage the Services in ways intended to protect our rights and property and to keep the Services running properly.
13. Duration and Ending These Terms
These Terms remain in effect for as long as you use the Services.
Beyond any other provision in these Terms, we may, without prior notice or liability to you, refuse or block access to the Services for any person, for any reason or for no reason at all. This includes, but is not limited to, blocking specific IP addresses and denying access to anyone who violates any promise, guarantee, or obligation in these Terms or any applicable law or regulation. We may also, without prior warning, end your use of or participation in the Services, and delete your account along with any content or information you have posted.
If we end or suspend your account for any reason, you may not create a new account — whether under your own name, a fictitious name, someone else's name, or on behalf of another person. In addition to ending or suspending your account, we also retain the right to pursue any appropriate legal remedies, including civil lawsuits, criminal prosecution, and court orders.
Notwithstanding the foregoing, where we terminate your subscription solely because of repeated or sustained breach of the fair-use allowances under Section 6 (and not for breach of these Terms, abuse, or applicable law), we will: (a) provide at least 14 days' prior written notice with an opportunity to reduce your usage; and (b) refund a pro-rata portion of any prepaid subscription period after the date of termination.
14. Governing Law and Dispute Resolution
Applicable Law
These Terms are governed by and will be interpreted under the laws of Germany. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer and your primary residence is in the EU, you also have the benefit of any mandatory consumer-protection laws of your country of residence that cannot be overridden by these Terms. Both you and Athilion GbR agree to the non-exclusive jurisdiction of the courts of Baden-Württemberg, Germany. This means you may bring a claim to enforce your consumer protection rights under these Terms either in Germany or in the EU country where you live.
EU Consumer Dispute Resolution
If you are located in the European Union, the European Commission offers information about consumer redress options, including a directory of dispute resolution organizations in each country. You can find these resources at https://consumer-redress.ec.europa.eu/index_en. If you wish to raise a dispute or bring any related matter to our attention, please contact us.
California Users and Residents
If we are unable to resolve your complaint to your satisfaction, you may reach out to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can contact them by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.
15. Electronic Communications, Transactions, and Signatures
When you use our Services, send us emails, or fill out forms on our site, you are communicating with us electronically. You agree to receive communications from us electronically, whether by email or through notices posted on the Services. You also agree that any agreement, notice, disclosure, or other communication we deliver to you in electronic form meets any legal requirement for that communication to be provided in writing.
You agree to the use of electronic signatures, electronic contracts, electronic orders, and other electronic records. You also agree that we may deliver notices, policies, and transaction records to you electronically — whether those transactions were started or completed by us or through the Services.
You relinquish any rights you may have under any law, regulation, rule, or ordinance in any jurisdiction that would require a handwritten or physical signature, that would require delivery or storage of paper records, or that would require payments or credits to be issued through non-electronic methods.
16. General Provisions
This document, together with any policies or rules we have posted on or about the Services, makes up the entire agreement between you and us. No other promises or understandings apply unless included here.
If we do not immediately enforce any right we have under this agreement, that does not mean we give up that right. We can still enforce it later.
This agreement applies to the fullest extent allowed by law.
We may transfer any or all of our rights and responsibilities under this agreement to someone else at any time.
We are not responsible for any loss, damage, delay, or failure to act that results from causes outside our reasonable control.
If any part of this agreement is found to be illegal, invalid, or unenforceable, that specific part will be separated from the rest of the agreement. All other parts will remain fully valid and enforceable.
Nothing in this agreement creates a joint venture, partnership, employment relationship, or agency relationship between you and us.
You agree that this agreement will not be interpreted against us simply because we were the ones who wrote it.
You agree not to challenge the enforceability of this agreement on the basis that it exists in electronic form or that it was not physically signed by either party.
