1.1 Provider
These Terms and Conditions ("Terms") govern the contractual relationship between:
Moritz Kirchner (Sole Proprietor, hereinafter "Provider", "We", "Us") and The user of the website Liftistic.com and the mobile application Liftistic (hereinafter "User", "You").
1.2 Definitions
• Service
The Liftistic website and mobile application (iOS/Android) used for fitness tracking.
• Content
Text, images (e.g., body progress photos), workout data, and other information uploaded by the User.
• User
Any natural or legal person who uses the Service.
• Consumer
A natural person within the meaning of Sec. 13 BGB who concludes the contract for purposes that are predominantly outside his commercial or self-employed professional activity.
• Entrepreneur
A natural or legal person or legally capable partnership within the meaning of Sec. 14 BGB who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
• Account
The personalized user account required to access the Service.
• Free Trial
The free, time-limited trial period granted to the User once. The trial period ends automatically without any payment obligation. The data created during the trial period remain stored until the User deletes his account or takes out a Premium subscription.
• Premium Subscription
The paid usage option with the services described in Section 5.
• Billing Period
The period begins on the day of initial activation and ends on the day of the following month that corresponds to the day of activation. If this day does not exist in the following month, the period ends at the end of the last day of the following month.
• Contract
The usage contract for the Service concluded between the Provider and the User. These T&C are part of the Contract.
• Scope
These Terms and Conditions apply equally to Consumers and Entrepreneurs.
1.3 Acceptance
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.
2.1 Service Description
Liftistic is a digital fitness tracker that allows users to log workouts, track progress, and store related data (such as body metrics and photos). The Service is provided as Software-as-a-Service (SaaS) and via mobile app download. The Service is intended for personal, private use only.
2.2 Health and Medical Disclaimer
The Service does not offer medical advice. The information and tools provided by Liftistic are for informational and educational purposes only.
• You should consult with a physician before starting any new fitness program.
• The Provider is not responsible for any injuries or health problems that may result from your use of the Service or the exercises tracked within it.
• If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising, you should stop immediately.
Provider: Moritz Kirchner (sole proprietorship)
Address: Zinkenwehr 33, 96450 Coburg, Germany
E-mail: support@liftistic.com
VAT ID: Requested (will be submitted upon receipt)
Imprint: https://liftistic.com/imprint
4.1 Service Levels
• Availability: ≥ 98% per year, measured 24 × 7 minus announced maintenance windows.
• Maintenance windows: Planned maintenance with 48 h advance notice.
• Support: E-mail support (support@liftistic.com) with initial response time ≤ 5 business days.
4.2 Changes to Services
The Provider may further develop the Service if the changes are reasonable for the User or are based on a legal obligation. In the case of significant functional restrictions, Section 14 applies. The Provider restores the last functional backup in case of data loss.
5.1 Exclusive App Store Processing
All subscriptions and purchases are processed exclusively through the Apple App Store or Google Play Store.
• Contract: Your payment contract is directly with Apple or Google, not with us.
• Management: You must manage, cancel, or modify your subscription directly via your Apple ID or Google Play Account settings. We do not have access to your billing data and cannot cancel subscriptions for you.
5.2 Prices and Taxes
Prices are displayed in the respective App Store prior to purchase.
• EU Users: Prices include applicable VAT.
• Non-EU Users: Prices may be subject to local sales tax added by the App Store at checkout.
5.3 Refunds
Refunds are subject to the policies of Apple or Google.
• Apple (iOS): We cannot issue refunds. You must contact Apple Support directly regarding any refund requests.
• Google (Android): Refunds are generally handled by Google. You may contact Google Support directly.
5.4 Free Trial
When selecting the Free Trial option, no payment data are required. The Free Trial is free of charge and ends automatically.
Statutory Right of Withdrawal
If you are a consumer in the EU, you generally have the right to withdraw from contracts within 14 days.
Specifics for App Store Purchases
Since you purchase the subscription directly from Apple or Google, the withdrawal rights of the respective store apply.
• Apple: Apple typically handles withdrawal requests (Refunds) within 14 days for EU customers.
• Google: Google allows you to request a refund within 48 hours in many cases.
Exclusion of Withdrawal for Digital Content
Please note: The right of withdrawal expires prematurely for contracts regarding the supply of digital content (e.g., App features unlocked immediately) if:
1. You have expressly consented to the performance of the contract beginning before the expiry of the withdrawal period, and
2. You have acknowledged that you lose your right of withdrawal with this consent.
7.1 Ownership
You retain all rights and ownership of the Content you upload (e.g., your workout logs and progress photos).
7.2 License to Provider
By uploading Content, you grant the Provider a non-exclusive, worldwide, royalty-free license to use, store, display, and reproduce your Content solely for the purpose of operating the Service and providing it to you (e.g., to display your graph on your screen).
• Privacy: We will not sell your private content or make it publicly available without your consent. Your photos remain private to your account.
7.3 Backups
While we perform regular backups, the Provider does not guarantee that there will be no loss of data. You are responsible for maintaining copies of your own data.
The Service (excluding User Content), including the "Liftistic" name, logo, code, and visual design, is the exclusive property of Moritz Kirchner and is protected by copyright and other intellectual property rights.
You agree not to use the Service to:
• Upload content that is illegal, pornographic, harassing, or promotes hate speech.
• Upload malware, viruses, or code intended to disrupt the Service.
• Attempt to reverse engineer or hack the App.
• Impersonate another person.
If you provide us with feedback, feature suggestions, or ideas ("Feedback"), you acknowledge that we may use this Feedback without any obligation to compensate you or credit you.
11.1 For Users in EU
• Unlimited Liability: We are liable without limitation for intent, gross negligence, and injury to life, body, or health.
• Simple Negligence: For simple negligence, we are only liable for the breach of essential contractual obligations (cardinal duties). In this case, liability is limited to the foreseeable, typical damage.
• No Further Liability: Any further liability is excluded.
11.2 For Users in the USA ("AS IS" Disclaimer)
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
We respect the intellectual property rights of others. If you believe that content on Liftistic infringes your copyright, please send a notice to support@liftistic.com containing:
• A description of the copyrighted work.
• The location of the infringing material on our Service.
• Your contact information.
• A statement that you have a good faith belief the use is unauthorized.
• A statement made under penalty of perjury that the information is accurate and you are the copyright owner.
14.1 Substantive Changes
The Provider may amend these T&C if:
• The changes are merely advantageous for the User, or
• Regulatory or statutory requirements make this necessary, or
• The changes are required for new functions and do not impair previous use.
14.2 Changes Requiring Consent
For all other changes, the Provider shall provide the User with the new terms by e-mail no later than 30 days before the planned effective date. The contract continues on the basis of the previous terms if the User objects. If the User does not object within 30 days, the changes are deemed accepted. The Provider will separately point out in the change notice the right to object and that failure to respond within the specified period counts as consent.
14.3 Special Termination Right
In the event of material contractual changes, the User has a special right of termination.
German law applies; UN Convention on Contracts for the International Sale of Goods is excluded. For merchants, jurisdiction is Coburg, Germany.
Platform: https://consumer-redress.ec.europa.eu/index_de. The Provider does not participate in consumer arbitration board proceedings.
17.1 Severability
Should individual provisions of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the applicable statutory provisions.
17.2 Text Form
Amendments and supplements to this contract require text form (e.g., email).
(If you wish to withdraw from the contract, please complete this form and return it.)
To Moritz Kirchner, Email: support@liftistic.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service: ______________________
– Ordered on/received on: ______________________
– Name of the consumer(s): ______________________
– Address of the consumer(s): ______________________
– Date: ______________________
(*) Delete as appropriate.
Version: January 2, 2026