Terms of Service

Last updated: January 2026

1. General Information

Oliver Galusinski, Obere Amtshausgasse 36/14, 1050 Vienna, Austria, provides the smartphone app "PUMP Fitnesstracker" and the website pump-app.net (collectively referred to as "PUMP Fitnesstracker"). The service allows users to register for free, access fitness and nutrition services, create and share individual training plans, follow other users, track fitness progress and share it with the community, post videos and images, and communicate via chat functionality.

2. Scope of Application

These Terms of Service apply to the use of the platform provided on pump-app.net and via the PUMP Fitnesstracker mobile app, including all related services and information. By using PUMP Fitnesstracker, users accept these Terms of Service as published at pump-app.net/terms. Users also acknowledge the Privacy Policy available at pump-app.net/privacy.

The operator reserves the right to modify or supplement these Terms of Service at any time. Changes become effective upon publication. If you do not agree to the modified terms, the operator reserves the right to discontinue free services immediately.

3. Description of Service

PUMP Fitnesstracker is an electronic platform where users (individuals, creators, trainers, fitness studios, etc.) can create, share, and follow individual training plans or other content, track their fitness progress, and share it with the community. Users can post videos and images and communicate with other users via a chat function.

Users also have the option to access paid services (subscriptions) through the PUMP Fitnesstracker app (see Section 6).

4. Eligibility and Account Registration

Registration on the PUMP Fitnesstracker app is generally free. The operator reserves the right to restrict, discontinue, modify free services, or make access to certain services subject to a fee at any time.

To prevent misuse, the password chosen by the user must be kept confidential and may not be shared with third parties. It is not permitted to grant third parties access to your own account. Transferring the account to third parties is also not permitted.

Age Requirements: Registration is not possible for persons under 14 years of age. Users under 18 years of age require the consent of a legal guardian to enter into contracts for paid services (e.g., subscriptions).

Upon registration, users are invited to create a profile page, answering optional questions about themselves, their training, and nutrition. Based on the answers, users may receive a defined training plan and nutritional recommendations.

5. User Content

Users may provide data, information, and other content such as photos, videos, chat messages, and fitness progress ("Content"). By providing Content on PUMP Fitnesstracker, users grant the operator a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use and distribute such Content, which ends only upon removal of the Content or deletion of the account.

Users guarantee that all Content they provide does not violate any laws or public morals. Users further guarantee that they hold all rights to the Content and that providing it does not infringe any third-party rights, particularly copyrights. Users are obligated to indemnify the operator in the event of third-party claims.

The operator is entitled to remove user-provided Content at any time without giving reasons. In case of a violation of these principles, the operator is entitled to suspend the user's account without prior warning.

6. Subscriptions and Paid Services

Users can track their personal workouts through the PUMP Fitnesstracker app. Data older than 30 days can only be viewed and analyzed with a valid subscription.

Users can choose between different subscription durations offered in the app. Subscriptions automatically renew for the originally selected duration unless canceled at least 24 hours before the end of the current billing period.

Subscription fees are displayed in the app before selection. Payment is processed through the respective app store (Apple App Store or Google Play Store).

Users can cancel their subscription at any time through their profile page or through the respective app store. The cancellation takes effect at the end of the originally agreed duration. No refunds are provided for already paid subscription fees except in legally mandatory cases.

Free Trial: If a free trial period is offered, no payment is due within the first three days after completing the order. Users can cancel immediately during this period. If no cancellation occurs within three days, regular cancellation terms apply.

Upon expiration of the subscription, access to paid services is suspended.

7. Right of Withdrawal (EU Consumers)

Withdrawal Right: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of contract conclusion.

To exercise your right of withdrawal, you must inform us (kontakt@g-dev.at) of your decision to withdraw by a clear statement (e.g., a letter sent by post or email). To meet the withdrawal deadline, it is sufficient for you to send your communication before the withdrawal period has expired.

Effects of Withdrawal: If you withdraw from this contract, we will reimburse all payments received from you without undue delay and at the latest within fourteen days from the day on which we are informed about your decision to withdraw. We will use the same means of payment as you used for the initial transaction.

Exclusion of Withdrawal Right: The right of withdrawal does not apply to contracts for the supply of digital content not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and acknowledgment that they thereby lose their right of withdrawal. Once payment is made and access to premium features is granted, withdrawal is no longer possible.

8. Prohibited Activities

Users must always observe the purpose of PUMP Fitnesstracker. The following activities are prohibited:

• Accessing third-party content for the purpose of collecting data
• Uploading viruses or other content that damages or disables the service
• Obtaining login information from third parties or accessing accounts assigned to other persons
• Providing photos, videos, or chat messages that are threatening, violent, pornographic, racist, xenophobic, insulting, or discriminatory
• Actions that disrupt, overload, or prevent the proper functioning of PUMP Fitnesstracker, including denial-of-service attacks
• Infringing intellectual property rights, including attempting to modify, copy, reverse engineer, or decompile the platform or its programs

Illegal content can be reported at any time to kontakt@g-dev.at. The operator may deny access or suspend accounts in case of suspected misuse.

9. Health Disclaimer

The training plans, nutritional recommendations, and other advice offered through PUMP Fitnesstracker are not a substitute for a personal trainer or medical professional.

The services are only suitable for users who are in generally good health. Users with diabetes, pregnancy, chronic illness, or other health conditions are expressly advised to consult a doctor before use.

The services are expressly not suitable for treating morbid obesity. Users who experience symptoms of cardiovascular disease, respiratory problems, or musculoskeletal issues should consult a doctor before using the services.

No medical advice is provided. Training is undertaken at the user's own responsibility. Users are recommended to obtain insurance against accidents and injuries that may occur during training.

10. Warranty and Liability

A functioning internet connection is required to use the service. The operator does not guarantee uninterrupted availability of the service. Liability for technical failures, interruptions, missing or faulty data transmissions, and related consequences is excluded. No availability guarantee is provided.

The operator makes all commercially reasonable efforts to avoid downtime but assumes no liability that the platform will be available at all times. Users acknowledge that temporary maintenance may cause temporary unavailability.

Outside of consumer transactions, the operator is only liable for damage caused by intentional or grossly negligent conduct. Liability for indirect damages, lost profits, and pure financial losses is excluded. For consumer transactions, liability exclusion applies only to property damage caused by slight negligence.

No guarantee of results: Individual success with training/nutrition plans cannot be guaranteed and depends on the user's prerequisites and participation.

11. Intellectual Property

All rights to the platform and PUMP Fitnesstracker app (except user-provided content) are the intellectual property of the operator and are legally protected. This includes trademarks, logos, copyrights, design rights, and rights to inventions.

Users are granted a limited, personal, non-transferable right to access the platform content within the limits of these Terms of Service.

12. Third-Party Services

The app may integrate with third-party services (Apple Health, Google Health Connect, etc.). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the content, accuracy, or practices of third-party services.

13. Termination

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

14. Governing Law and Jurisdiction

If any provision of these Terms of Service is or becomes invalid or void, this shall not affect the validity of the remaining Terms. The invalid provision shall be replaced by a provision that comes closest to the economic intent of the affected provision.

Users who qualify as consumers under the laws of their country of residence are subject to the mandatory consumer protection provisions of their country of residence.

Online Dispute Resolution: The European Commission provides a platform for online dispute resolution (ODR) available at https://ec.europa.eu/consumers/odr.

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of law rules of international private law.

Unless a mandatory jurisdiction applies, the exclusive jurisdiction of the competent court for Vienna Inner City is agreed. For claims against consumers under the Austrian Consumer Protection Act (KSchG), the jurisdiction of the court in whose district the consumer's residence, habitual abode, or place of employment is located applies.

15. Contact

Oliver Galusinski
Obere Amtshausgasse 36/14
1050 Vienna, Austria
Email: kontakt@g-dev.at
Website: pump-app.net