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Terms of Use

Effective Date: July 29, 2025

These Terms of Use govern the relationship between you ("User", "you") and GROW Fitness (trading as "GROW"), located in Vienna, Austria ("we," "us," or "our") with respect to the mobile application "GROW Fitness" (the "App"). By downloading, installing or using the App you acknowledge that you have read and accepted these Terms. If you do not agree, you must not use the App.

1. Acceptance of the Terms

Using the App constitutes unconditional acceptance of these Terms.

2. Who We Are

The App is provided by GROW Fitness (trading as "GROW"), located in Vienna, Austria ("we," "us," or "our").

3. Definitions

"Digital Service" within the meaning of the Austrian Consumer Warranty Act (VGG) means the App and any digital content and services provided by us.

4. Minimum Age

You may use the App independently from 14 years of age. Users below 14 must obtain consent from a parent or legal guardian.

5. Health Disclaimer

The App is intended solely for healthy, non‑pregnant adults. We do not provide medical diagnoses or therapies. Always consult medical professionals before starting any training or nutrition program, especially if you:

  • are pregnant or breastfeeding,
  • have or suspect pre‑existing conditions (e.g. cardiovascular, orthopedic, metabolic),
  • take medication that could affect performance.

You use the App at your own risk and ensure that any training equipment is in proper condition.

6. No Professional Advice

All training recommendations are for general guidance only and do not replace individual advice from qualified professionals.

7. User Obligations

  • Provide truthful, up‑to‑date account information;
  • Keep credentials confidential and notify us immediately of loss or theft;
  • Use the App lawfully and in accordance with these Terms.

8. Prohibited Conduct

  • Reverse engineering or attempting to discover the source code;
  • Distributing malware or harmful code;
  • Harassing, defaming or infringing the rights of others;
  • Violating copyright, trademark or privacy rights.

9. In‑App Purchases & Billing

Purchases are processed exclusively via the Apple App Store. Billing, refunds or cancellations are handled by Apple. Subscriptions renew automatically unless cancelled at least 24 hours before the current period ends.

10. Warranty & Updates (VGG)

We provide a 24‑month statutory warranty for the conformity of the App under the Austrian Consumer Warranty Act. During this period we supply all security and functional updates necessary to keep the App in conformity (§§ 6 ff VGG).

11. Right of Withdrawal (FAGG)

Consumers have a 14‑day right of withdrawal for digital content (§ 11 FAGG).

Waiver: When purchasing via the App Store, you will be asked to consent that

  1. the digital content is provided immediately, and
  2. you lose the right of withdrawal once performance begins (§ 18 para 1 (11) FAGG).

12. Licence

We grant you a personal, non‑transferable, revocable, non‑exclusive licence to use the App for private fitness purposes in accordance with these Terms.

13. Intellectual Property

All rights in the App are owned by us or our licensors. Any use outside the App requires prior written consent.

14. User Content, Community & Social Sharing

14.1 Ownership & Licence

You retain all rights to content (texts, photos, workout data, comments, etc.) you upload or create ("User‑Generated Content" – UGC). To provide the community features you grant us a non‑exclusive, worldwide, royalty‑free, revocable licence to

  • store, process and display your content within the App,
  • distribute it in the sections you use (e.g. feed, leaderboard), and
  • use it in anonymised form for debugging and product improvement.

You may revoke the licence at any time by deleting the content; technical backups may persist for up to 90 days.

14.2 Community Rules

Do not post content that

  • violates laws, third‑party rights or these Terms,
  • contains hate speech, violence, discrimination or pornography,
  • discloses third‑party health data without consent.

14.3 External Social Sharing

The App enables you to share workout progress or graphics on external platforms (e.g. Instagram, Facebook). Only the terms of the respective third‑party platform apply. You are solely responsible for legality and confidentiality of shared data. We assume no liability for availability, security or use of your content by third parties.

14.4 Moderation & Removal

We may review UGC without notice and remove it partially or entirely in case of violations, and suspend accounts under § 18. Repeated or serious violations may lead to permanent exclusion.

14.5 Liability & Indemnity for UGC

You warrant that you hold the necessary rights to all content provided and that you do not infringe third‑party rights. You indemnify us against claims arising from a breach of this warranty.

15. Warranty & Liability Disclaimer

The App is provided "as is". Statutory warranty rights (§§ 922 ABGB, VGG) and liability for personal injury, intent or gross negligence remain unaffected. Otherwise, we are liable only for typical, foreseeable damages up to EUR 50.

16. Indemnification

You indemnify and hold us harmless from claims arising out of your unlawful use of the App.

17. Changes to the App & the Terms

Changes to the App

We may update, enhance, restrict or discontinue the App (incl. features, design and technical requirements) at any time to improve services, fix bugs or address security risks. Such changes may be made without prior notice and do not entitle you to the retention of specific features.

Changes to these Terms

We may amend these Terms for objective reasons (e.g. legal changes, new features, security). Amended Terms will be notified 30 days before they take effect via in‑App notice or e‑mail. If you do not object before the effective date and continue to use the App, the new Terms are deemed accepted. You may terminate free of charge until the effective date.

18. Termination & Suspension

We may suspend or terminate your account for serious violations of these Terms after prior warning or, in severe cases, immediately. You may terminate at any time by deleting your account.

19. Governing Law & Jurisdiction

These Terms are governed by Austrian law, excluding the UN Sales Convention. Mandatory consumer protection provisions of your country of residence remain unaffected (Art 6 Rome I). Exclusive venue is Vienna.

20. Alternative Dispute Resolution / ODR

We are neither obliged nor willing to participate in ADR proceedings before a consumer arbitration board.

EU ODR platform: https://ec.europa.eu/odr

21. Severability

Should any provision be invalid, the remaining provisions remain in force. The parties will replace the invalid provision with a valid one that most closely reflects the economic purpose.

22. Entire Agreement

These Terms constitute the entire agreement between you and us and supersede all prior arrangements on their subject matter.

23. No Guarantee of Success

We do not guarantee specific training, weight or health outcomes. Results may vary due to individual factors (genetics, baseline, nutrition, etc.).

24. Contact

Questions? hello@growfitness.org

25. Privacy

For information on how we process personal data, please refer to our Privacy Policy.

Last Updated: July 29, 2025