Terms and Conditions (T&C)
for the use of the “maxshape” platform
§1 Provider
The provider of the platform “maxshape” is:
maxshape – Ralph Gorges
Sole Proprietorship
Vorderer Berg 12
95100 Selb
Germany
Email: mail@maxshape.de
§2 Scope of Application
(1) These Terms and Conditions apply to all contracts concluded between maxshape and consumers within
the meaning of Section 13 of the German Civil Code (BGB).
(2) Conflicting or deviating terms of the user shall not apply unless expressly agreed in writing.
§3 Description of Services
(1) maxshape provides a digital subscription-based platform offering AI-supported training and nutrition
planning.
(2) Services may include in particular:
- Individual training plans
- Personalized nutrition guidelines
- AI-supported training and workload management
- Optional personal coaching services
(3) The services are intended solely for general fitness and performance improvement purposes. They do
not constitute medical advice, diagnosis, or treatment.
§4 Conclusion of Contract
(1) The presentation of services on the website does not constitute a legally binding offer.
(2) A contract is concluded upon completion of the order process and confirmation of payment.
(3) Payments are processed via Stripe (e.g., credit card, Apple Pay, PayPal).
§5 Subscription, Prices and Term
(1) The following subscription models are offered:
- Monthly subscription: €29 per month
- Annual subscription: €299 per year
(2) The subscription renews automatically:
- Monthly subscription renews for an additional month
- Annual subscription renews for an additional year
(3) The notice period for termination is one month prior to the end of the respective subscription term.
(4) First-time users receive a one-time price reduction equivalent to seven calendar days for the
selected subscription. The contractual term begins upon registration. The corresponding amount is
automatically deducted from the first billing cycle.
§6 Right of Withdrawal
Consumers have a statutory right of withdrawal of 14 days.
The right of withdrawal expires prematurely if:
-
the user expressly agrees that maxshape begins performance before the withdrawal period expires, and
-
the user confirms that they lose their right of withdrawal once performance has begun.
The service begins immediately after conclusion of the contract.
§7 Conditions of Use
(1) Use of the platform requires the creation of a user account.
(2) The platform may only be used by persons aged 18 or older. Persons aged 16 or older may use the
platform only with the consent of a legal guardian. Such consent must be provided upon request.
(3) Users are obliged to provide accurate and truthful information.
(4) maxshape reserves the right to suspend or terminate access in case of misuse or violation of these
Terms.
§8 Health Disclaimer and Limitation of Responsibility
(1) Use of the training and nutrition programs is at the user’s own responsibility.
(2) Users are advised to consult a physician before starting any training program, particularly if
pre-existing medical conditions exist.
(3) maxshape assumes no liability for health-related damages resulting from use of the platform unless
caused by intentional or grossly negligent conduct.
(4) No specific results or success are guaranteed.
§9 Liability
(1) maxshape shall be liable without limitation in cases of intent or gross negligence.
(2) In cases of slight negligence, maxshape shall only be liable for breaches of essential contractual
obligations (cardinal obligations) and limited to foreseeable and typical damages.
(3) Liability under the German Product Liability Act remains unaffected.
§10 Data Deletion and Termination
(1) Upon termination of the contract, access to the platform will be deactivated.
(2) Personal data will be deleted or anonymized in accordance with the Privacy Policy unless statutory
retention obligations apply.
§11 Applicable Law
The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for
the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country in which
the consumer has their habitual residence remain unaffected.
§12 Jurisdiction
If the user is a merchant or has no general place of jurisdiction in Germany, the place of jurisdiction
shall, to the extent legally permissible, be the Local Court (Amtsgericht) Wunsiedel, Germany.
§13 Contract Language
The contract language is German. This English version is provided for convenience purposes only. In case
of discrepancies, the German version shall prevail.
