Terms of Service

1. Acceptance

By creating an account or using Elitebuilder you agree to these Terms of Service. If you do not agree, do not use the app.

2. What Elitebuilder Does

Elitebuilder is a fitness coaching platform. Coaches (trainers, gym staff, or other professionals) create and assign workout programs and check-ins to athletes. Athletes log their performance against those assignments. The app syncs data between devices so both parties stay up to date.

3. Accounts

• You must provide accurate account information (email, name).
• You are responsible for keeping your password confidential.
• One person per account. You may not share or transfer your account.
• If you are added as an athlete by a coach, your initial account is managed by that coach's organisation. You may upgrade to a personal login at any time.
• You must be at least 16 years old to use Elitebuilder. If you are under 16, a parent or guardian must consent to your use of the service and to the processing of your data.

4. Coach–Athlete Relationship

• Coaches are responsible for the programs and check-ins they assign. Elitebuilder provides tools; it does not supervise, endorse, or validate any coaching advice.
• Athletes voluntarily follow programs assigned by their coach. You may decline or skip any assigned workout or check-in at any time.

Elitebuilder is not a licensed medical or fitness professional. Nothing in the app constitutes medical advice. Consult a qualified healthcare professional before beginning any new exercise program, especially if you have a pre-existing health condition.

5. AI Features

Elitebuilder includes AI-assisted features that help coaches draft and adapt training programs and summarise athlete progress. Requests are routed through the Vercel AI Gateway to a large language model provider, and the provider we use may change over time. How this works, and what data is involved, is set out in section 6 of our Privacy Policy.

AI output is generated automatically and can be inaccurate, incomplete or unsuitable for a particular athlete. It is a suggestion for the coach to review, not a training prescription and not medical advice. The coach remains responsible for every program and check-in they assign, including one that started as an AI suggestion.

You may not use the AI features to submit personal data about people who have not consented to it, to generate unlawful or harmful content, or to attempt to extract the underlying model or its instructions.

6. Acceptable Use

You agree not to:

• Impersonate another person or organisation.
• Upload or transmit harmful, abusive, unlawful, or misleading content.
• Attempt to access data belonging to other users outside your organisation.
• Reverse-engineer, decompile, or tamper with the app or its backend.
• Use the service to send spam or unsolicited communications.
• Violate any applicable law or regulation.

7. Your Content

You retain ownership of data you enter (workout logs, check-in responses, personal metrics). By using Elitebuilder you grant us a limited, non-exclusive licence to store, sync, and display that data to deliver the service.

Coach-created content (workout templates, exercise libraries, check-in templates) belongs to the coach's organisation. Athletes within the same organisation may view this content as part of the service.

8. Intellectual Property

The Elitebuilder name, logo, app design, and underlying software are our property. You may not copy, modify, or distribute them without our written permission.

9. Availability & Changes to the Service

We develop Elitebuilder continuously and may change features, provided the agreed services are essentially preserved and the change is reasonable for you. We will inform you of significant changes in good time. For consumers, the statutory rules on digital products (§§ 327 ff. BGB) also apply.

10. Disclaimer of Warranties

The service is provided "as is" and "as available" without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy, or uninterrupted availability.

This exclusion applies only as far as the law allows. If you are a consumer, your statutory rights in respect of defects, including the rules on digital products in §§ 327 ff. BGB, are not affected by this section.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Elitebuilder and its operators are not liable for indirect, incidental, special or consequential damages arising out of your use of the service, including injury resulting from following a workout program.

This limitation does not apply, and we are liable without limitation, for:

• damage caused intentionally or by gross negligence;
• injury to life, body or health caused by a breach of duty on our part or by one of our legal representatives or agents;
• claims under the German Product Liability Act (Produkthaftungsgesetz);
• anything we have expressly guaranteed, and claims for fraudulent concealment.

Where we breach a material contractual obligation through simple negligence, meaning an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely, our liability is limited to the foreseeable damage typical for this type of contract. Any further liability for simple negligence is excluded.

12. Prices, Payment and Subscription

12.1 Free trial. Every new organisation can use Elitebuilder free of charge for 7 days with every feature unlocked. No payment details are required. The trial ends automatically and never turns into a paid subscription on its own.

12.2 Packages and prices. The price depends on the size of your organisation. Every athlete and every coach in the organisation takes one seat, and the total number of seats falls into one of the packages in our price list. You pay that package's flat price per billing period. You choose monthly or yearly billing. All prices are in euros and are final prices: as a small business under § 19 UStG we do not charge VAT.

12.3 Conclusion of the contract.The packages shown on our website and in the app are not a binding offer. On the subscribe page of the app you choose a package and billing period, accept these Terms and confirm your order with the button "Subscribe and pay". You are then taken to our payment provider Stripe. By completing the payment there you submit a binding order, and the contract is concluded when the payment is completed. Until then you can correct your entries or cancel the process at any time. We send you a contract confirmation by email that contains the contract details, these Terms and the withdrawal policy. We store the contract text; you can view the current Terms at any time on this page.

12.4 Payment. Payment is due in advance for each billing period, the first time when the contract is concluded. Payments are processed by Stripe Payments Europe, Ltd. (Dublin, Ireland) using the payment methods offered at checkout. Invoices are sent by email and are available in the billing portal.

12.5 Changes to your roster. Your package follows the member list of your organisation automatically. If adding members moves you into a higher package during a billing period, the price difference for the rest of the period is charged pro rata. The app tells you before an addition moves you into a higher package. If removing members moves you into a lower package, the pro-rata difference is credited against your next invoices.

12.6 Term and renewal.The subscription runs for the chosen billing period (one month or one year) and renews automatically for the same period unless it is cancelled before the period ends. If you are a consumer on the yearly plan, after the first year the contract continues for an indefinite period and you can cancel it at any time with one month's notice. We refund the prepaid amount for the time after the end of the contract pro rata.

12.7 Cancellation.You can cancel the subscription at any time, effective at the end of the current billing period (or, in the case of section 12.6 sentence 2, with one month's notice):

• in the app under Settings > Billing > Manage billing,
• without logging in on the page Cancel contracts here (Verträge hier kündigen), or
• by email to info@elitebuilder.app.

The right of both parties to terminate for good cause is not affected. We may cancel the subscription with one month's notice to the end of a billing period.

12.8 Failed payments. If a payment fails, we retry it and notify you by email. If it still cannot be collected after several attempts, the subscription ends. Without an active subscription or trial, access to the coaching features is blocked; your data is not deleted because of this.

12.9 Refunds. Payments for a billing period that has started are not refunded, except where these Terms or the law provide otherwise, in particular for a withdrawal (section 13), in the case of section 12.6 sentence 2, and under your statutory rights for defects.

12.10 Price changes. We may change our prices for future billing periods. We will inform you by email at least six weeks before a change takes effect. If you are a business, the new price applies from the next billing period after the change takes effect, unless you cancel before that date. If you are a consumer, a price increase applies to you only if you expressly agree to it; your silence does not count as agreement. If you do not agree, your contract continues at the previous price, and we may cancel it in accordance with section 12.7.

13. Right of Withdrawal for Consumers

If you are a consumer, you have a statutory right of withdrawal of 14 days. The conditions, the consequences and the model withdrawal form are set out in our withdrawal policy (Widerrufsbelehrung).

When ordering you expressly request that we start the paid service immediately. If you withdraw, you owe a pro-rata amount for the service provided until the withdrawal. Businesses have no right of withdrawal.

14. Deleting Your Account

You may delete your account at any time in the app or by contacting info@elitebuilder.app. Deleting an account or an organisation does not by itself end a paid subscription; cancel it as described in section 12.7. We may suspend or terminate accounts that violate these Terms. On termination, your right to use the service ends and your data will be handled per the Privacy Policy.

15. Governing Law and Consumer Rights

These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a consumer with your habitual residence in the EU, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of residence, as provided by Art. 6(2) of the Rome I Regulation. Consumers may also bring proceedings in the courts of their country of residence. Where you are a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction is our registered place of business.

The European Commission discontinued its Online Dispute Resolution platform on 20 July 2025. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG). Our full provider details are in the Imprint.

16. Changes to These Terms

We may change these Terms for good reason, for example because of new legal requirements or new features. We will send you the changed Terms by email at least six weeks before they take effect.

If you are a business, the changes apply unless you object before they take effect; we will point this out in the email. If you are a consumer, changes that affect the main obligations of the contract, in particular prices, apply only with your express consent (see section 12.10). Other changes apply to consumers if they do not object before the changes take effect and the changes do not put them at a disadvantage.