Terms of Service

Last updated: February 1, 2026

1. Agreement to Terms

By accessing or using the Adactiv mobile application and website (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Medical Disclaimer and Safety Warning

2.1 Educational Purpose Only

The training plans and fitness guidance generated by Adactiv are for informational purposes only. They rely on automated algorithms and do not constitute medical advice, diagnosis, or treatment. No doctor-patient relationship is created.

2.2 Consult Your Physician (Mandatory)

You expressly acknowledge that you MUST consult with a qualified healthcare professional before beginning any exercise program.

⚠️ IF YOU ARE CURRENTLY INJURED, RECOVERING FROM SURGERY, OR ILL, YOU ARE STRICTLY PROHIBITED FROM USING THE GENERATED TRAINING PLANS.

2.3 Immediate Cessation

If you experience chest pain, dizziness, shortness of breath, or any other concerning symptoms during exercise, stop immediately and seek medical attention.

2.4 Algorithm Notice

You understand that the advice is generated by a machine learning model without human supervision. It cannot detect specific physical limitations or injuries unless explicitly inputted and may necessitate modification by a human professional.

3. Release of Liability, Waiver, and Assumption of Risk

3.1 Assumption of Risk

YOU UNDERSTAND THAT PHYSICAL EXERCISE INVOLVES INHERENT RISKS OF SEVERE INJURY, PERMANENT DISABILITY, HEART ATTACK, AND DEATH. YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR THESE RISKS, KNOWN OR UNKNOWN.

3.2 Exclusion of Liability (Slight Negligence)

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (specifically Art. 100 para. 1 of the Swiss Code of Obligations), Adactiv excludes all liability for damages caused by slight negligence (leichte Fahrlässigkeit).

3.3 Auxiliary Persons

Pursuant to Art. 101 para. 2 of the Swiss Code of Obligations, Adactiv fully excludes any liability for the acts or omissions of its auxiliary persons (Hilfspersonen), employees, agents, or automated systems.

3.4 Limitation for Gross Negligence

Liability for unlawful intent (Absicht) or gross negligence (grobe Fahrlässigkeit) by the company's governing bodies is excluded only to the extent such exclusion is not prohibited by mandatory law.

4. Service Description

Adactiv provides:

  • AI-generated personalized workout plans
  • Nutrition and macro tracking
  • Recipe recommendations
  • Workout logging and progress tracking
  • Coach-client communication tools (for coached users)

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice.

5. User Accounts

You are responsible for maintaining the confidentiality of your account credentials. You agree to provide accurate information during registration and to keep your information up to date. You are solely responsible for all activities that occur under your account.

6. Subscriptions and Payments

Adactiv offers subscription-based premium features. Subscriptions are managed through Apple App Store or Google Play Store. Billing, renewals, and cancellations are subject to the respective store's terms.

  • Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current period
  • You can manage or cancel subscriptions through your device's account settings
  • No refunds are provided for partial subscription periods

7. Right of Withdrawal & Digital Content Exception

7.1 Right of Withdrawal (Widerrufsrecht)

Under EU and Swiss consumer protection law, you generally have the right to withdraw from a contract for digital content within 14 days without giving any reason.

7.2 Exception for Digital Content

However, you acknowledge and agree that:

  • The Service provides digital content (personalized training plans, nutrition data, AI-generated recommendations) that is not supplied on a tangible medium.
  • By subscribing and using the Service, you expressly consent to the immediate performance of the contract and the provision of digital content.
  • You acknowledge and confirm that by giving this consent, you lose your right of withdrawal once the performance has begun (i.e., when your personalized training plan is generated or when you access premium features).

7.3 Consent Confirmation

By completing your subscription purchase, you:

  • Expressly request that we begin providing the Service immediately
  • Acknowledge that you will lose your right of withdrawal once the digital content has been fully provided
  • Confirm that you have been informed of this loss of the right of withdrawal before completing the purchase

This is in accordance with Art. 16(m) of the EU Consumer Rights Directive (2011/83/EU) and applicable Swiss law.

8. Intellectual Property

All content, trademarks, and intellectual property in the Service are owned by Adactiv or its licensors. You may not copy, modify, distribute, or create derivative works without our express written permission.

9. User Content

You retain ownership of any content you submit (workout logs, messages, etc.). By submitting content, you grant Adactiv a non-exclusive, worldwide license to use, store, and process this content solely for providing the Service.

10. Prohibited Uses

You agree not to:

  • Use the Service for any unlawful purpose
  • Attempt to reverse engineer or extract source code
  • Interfere with or disrupt the Service
  • Share account credentials with third parties
  • Scrape, harvest, or collect user data without authorization

11. Termination

We may suspend or terminate your account at any time for violation of these Terms. Upon termination, your right to use the Service immediately ceases. You may delete your account at any time through the app settings.

12. Governing Law and Jurisdiction

12.1 Substantive Law

These Terms and any dispute arising out of or in connection with them shall be governed by and construed exclusively in accordance with the substantive laws of Switzerland, excluding the conflict of law rules and the Vienna Convention on the International Sale of Goods (CISG).

12.2 Exclusive Jurisdiction

The parties irrevocably agree that the courts of the Canton of Schwyz, Switzerland, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms.

12.3 Severability

If any provision of these Terms is determined to be invalid or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

13. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the app or by email. Continued use of the Service after changes constitutes acceptance of the updated Terms.

14. Contact Us

If you have questions about these Terms, please contact:

Gebrüder Schuler keramische Plattenbeläge und Akkordarbeiten GmbH

Engiberg 25
6423 Seewen SZ
Switzerland

Email: info@adactiv.app