Terms of service

1. Who you are contracting with

These terms apply to your use of EffortTrace, provided by:

Balint Schmidt
Avenida del Oasis Sn
35100 Maspalomas
Spain
Palm Beach Karat

Email: hello@efforttrace.com

2. The service

EffortTrace stores and analyses the training data you give it: activity files, wellness data and your own entries. It computes training load, fitness, recovery and performance figures and, on the Plus plan, offers an AI coach, a training calendar and a workout builder.

It is not a medical service. Nothing in the app, including the recovery score and anything the AI coach writes, is a diagnosis or medical advice. Talk to a doctor before starting or changing training if you have a health condition, and stop if something hurts. The AI coach can be wrong; check what it suggests against how you feel and your own judgement.

You train at your own risk. You decide what training you do, and you do it on your own responsibility. The AI coach's suggestions are generated automatically from your data; no doctor, physiotherapist or human coach reviews them, and they cannot take into account your health, your surroundings, traffic, weather or how you feel on the day. Whether and how you follow them is your decision. Warm up, know your limits, and stop if you feel unwell or something hurts.

3. Your account

• You must be at least 16 years old.
• An account is for one person. Keep your sign in details to yourself.
• Only upload data that is yours, or that you have the right to upload.
• Do not try to break, overload or get around the limits of the service, or to access other people's data.

Your data stays yours. You give us the right to store and process it only as far as we need to provide the service to you, as described in the privacy policy.

4. Plans and prices

• Free: the analysis features, without time limit and without payment.
• Plus: €7.99 per month or €79.90 per year, adding the AI coach, the training calendar and the workout builder. The AI coach has a daily usage allowance to keep the service fair and affordable.
• Trial: the first time you subscribe to Plus, the first 14 days are free. You enter a payment method when you start. If you have not cancelled when the trial ends, the subscription continues and the first payment is charged that day. We email you a reminder 3 days before. If you cancel during the trial, nothing is charged. Each account gets one trial.
• Changing plan: you can switch from monthly to yearly under Settings, Plan. Within 24 hours of a monthly payment the switch takes effect immediately: the yearly period starts that day and the unused part of the month is credited against the yearly price. Later in the month, the switch takes effect at the next renewal, when the yearly price is charged; until then the month continues as before.
• Founding member offer: for the first 100 people, the yearly plan costs €49 per year instead of €79.90, for as long as the subscription continues; we do not raise this price. It is paid when you subscribe, without a free trial, and is only available to accounts that have not had a trial or a subscription before. If you cancel and later subscribe again, the normal prices apply.
• Discount codes: a discount code applies once, to the first payment after any free trial, and cannot be combined with the founding member offer.

All prices include VAT. The current prices are always shown on the pricing page and at checkout; the price shown when you subscribe is the price you pay.

5. Payment, renewal and cancellation

• Payments are processed by Stripe. A subscription is paid in advance for its billing period and renews automatically for the same period until you cancel it.
• You can cancel at any time under Settings, Plan, or through the cancel subscription page. Plus stays active until the end of the period you have paid for, after which the account continues on the Free plan with all your data.
• If a payment fails, Stripe retries it for a while. If it still fails, the account falls back to the Free plan.
• If we change the price of your subscription, we tell you at least 30 days before the change applies to you, and you can cancel before then. We do not raise the price of a founding member subscription.

6. Right of withdrawal for consumers

Right of withdrawal. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day the contract is concluded. To exercise it, tell us (Balint Schmidt, Avenida del Oasis Sn, 35100 Maspalomas, Spain, Palm Beach Karat, hello@efforttrace.com) by a clear statement, for example an email, that you have decided to withdraw. You may use the model form below, but you do not have to. It is enough to send your statement before the period ends.

Effects of withdrawal. If you withdraw, we refund all payments we received from you without undue delay and at the latest within 14 days of receiving your withdrawal, using the same means of payment you used, at no cost to you. If you asked for Plus to begin during the withdrawal period, you pay an amount proportionate to what was provided until you told us you were withdrawing.

Model withdrawal form. (Complete and return this form only if you wish to withdraw from the contract.)

To: Balint Schmidt, Avenida del Oasis Sn, 35100 Maspalomas, Spain, Palm Beach Karat, hello@efforttrace.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: EffortTrace Plus subscription

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s) / email of the account:

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

Date:

(*) Delete as appropriate.

7. Availability and changes to the service

We work to keep EffortTrace available and your data safe, but cannot promise uninterrupted service. We may improve and change features. If a change takes away something essential that you are paying for, you can cancel and we refund the unused part of your current period.

8. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act. For slight negligence we are liable only for breaches of essential contractual obligations (those that make the proper performance of the contract possible and on which you may rely), and then only for the typical, foreseeable damage. Otherwise our liability is excluded.

In particular, we are not responsible for injuries, accidents or health problems that occur during training you choose to do, including training suggested by the AI coach or planned in the app, except where the law makes us liable as described in the previous paragraph.

Keep your own copies of files that matter to you. You can download your data at any time under Settings, Backup.

9. Ending the contract

You can delete your account at any time under Settings, Account, which also cancels any subscription immediately. We may end the contract with 30 days' notice, or without notice for good cause, such as a serious breach of these terms. If we end it without such cause, we refund the unused part of a paid period.

10. Changes to these terms

We may change these terms for valid reasons, such as new features or legal changes. We tell you before a change applies and ask for your agreement in the app. If you do not agree, you can cancel and delete your account.

11. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not take away the protection of the mandatory law of the country you live in. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.