Terms and Conditions

wyll
Last updated: 29 September 2026
Provider: WYN GmbH, Retzdorffpromenade 3a, 12161 Berlin, Germany
Email: support@wyll.app

English translation for convenience. The language of the contract is German (§ 3 (6)); the German version is the legally authoritative one.

§ 1 Scope and provider

(1) These Terms and Conditions (the "Terms") apply to all user agreements between the provider WYN GmbH (the "provider" or "we") and the users (the "user") of the mobile application wyll (the "app"), the associated website wyll.app and the related services.

(2) The app is available for mobile devices running iOS (Apple App Store) and Android (Google Play Store).

(3) These Terms apply to both consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code, BGB).

(4) Deviating, conflicting or supplementary terms of the user do not become part of the contract unless the provider expressly agrees to their application in writing.

(5) Where Premium subscriptions or in-app purchases are acquired through the app stores, the terms of use of the respective platform operators (Apple, Google) apply in addition. In the event of conflict, the platform terms prevail with regard to payment processing; these Terms apply to the provision of services by the provider.


§ 2 Minimum age

(1) Use of the app and registration of a user account require a minimum age of 18 years.

(2) Persons under 18 are not permitted to use the app. If the provider determines that a person under 18 has registered, the account will be blocked and deleted.

(3) By registering, the user confirms that they are of legal age.


§ 3 Formation of the contract

(1) The presentation of the app in the app stores does not constitute a binding offer.

(2) The free user agreement (guest or free account, § 4) is formed by using the app or by confirming registration. By completing registration and accepting these Terms and the Privacy Policy, the user accepts the offer.

(2a) Free trial period. Registered users receive a one-time free trial period of 14 days during which all Premium features can be used in full. This does not create any payment obligation; the trial does not convert automatically into a paid subscription. Once the trial period has been used, it cannot be claimed again, either for the same account or for a newly created one.

(3) The user submits an offer to enter into a Premium subscription or an in-app purchase by selecting the relevant option and confirming the purchase in the app store. The contract is formed when the respective platform confirms the transaction.

(4) Registration may also take place via third-party services (e.g. Apple Sign-In, Google Sign-In), where these are offered.

(5) The provider may refuse registration without giving reasons.

(6) The language of the contract is German. The user can access and save these Terms at any time in the app and on the website.


§ 4 Scope of services (guest, free, Premium, in-app purchases)

wyll is a digital fitness application providing AI-assisted training plans and exercise recommendations. The provider makes available in particular:

(1) Free guest access (without registration). Basic content and features to a limited extent. No permanent contractual relationship arises.

(2) Free registered access (free account). Following free registration, in particular: a personal profile, workout tracking including saving and retrieving completed training sessions (logbook), progress evaluation for the most recent 7 days, adjustment of the training load to the user's own entries (keeping or lowering it; the user decides on increases themselves), and use of the community features (Arena, leaderboards, challenges, badges) to the freemium extent.

(3) AI workout creation — limits. The following quotas apply to AI workout creation:

(4) Premium subscription. In return for recurring payment, registered users gain access to the Premium features, in particular unlimited AI generation, extended analysis and tracking features including progress evaluation over the entire stored period, automatic increase of the training load based on the user's own entries, personalised AI recommendations taking into account voluntarily provided health data, exclusive content, a favourites function for saving and quickly repeating workouts, audio coaching with automatic training guidance (auto-run), an adaptive weekly plan, and workout creation without time restriction. The currently available variants, terms and prices can be viewed in the app.

(5) In-app purchases. Irrespective of the access model chosen, registered users may purchase individual content or features for a one-off payment. Processing takes place via the respective platform.

(6) The provider reserves the right to extend, restrict or modify the scope of features in accordance with § 16, provided this is reasonable for the user and does not breach material contractual obligations. There is no entitlement to the permanent availability of individual features that have not been expressly agreed as a contractual service.

(7) Personal use and protection against abusive use. The Premium and trial features are intended for personal use by the respective user. Within the scope of such personal use, AI workout generation is not subject to any quantity limit. The provider reserves the right to temporarily suspend AI generation where use is evidently no longer personal use — in particular in the case of automated or machine-driven requests, or more than 15 generations on a calendar day or more than 200 generations within 30 days (during the trial period: more than 75 generations). These values exceed typical personal use many times over; use as intended will not trigger a suspension. The suspension ends automatically at the end of the relevant period; the provider informs the user in the app of the reason and duration.


§ 5 Not a medical device

(1) wyll is not a medical device within the meaning of the EU Medical Device Regulation 2017/745 (MDR) and is not intended for the diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of disease or injury. The app makes no medical decisions and is not designed to detect individual health risks. It serves exclusively as general training support.

(2) Self-reported health information (injuries, limitations) is used solely to adapt training suggestions, not for medical purposes. The app does not replace medical advice, supervision by qualified trainers or sports physicians, or physiotherapeutic treatment.


§ 6 Prices and payment; contracting parties

(1) The current prices for subscriptions and in-app purchases are stated in the app before conclusion and include statutory VAT.

(2) Payment processing via the app stores. Payment is made using the payment method stored by the user in the Apple App Store or Google Play Store. Billing is the responsibility of the respective platform operator; the provider does not process payment data itself (e.g. credit card numbers).

(3) Clarity on contracting parties. For purchases via the app stores there are two contractual relationships: payment processing takes place between the user and the respective platform operator (Apple or Google) under their terms; the substantive service (provision of the app and the Premium features) is provided by the provider on the basis of these Terms.

(4) Key contractual information before purchase. Before the paid ordering process, the key information is presented clearly on the paywall: price, term, automatic renewal and how to cancel. The final order step indicating the payment obligation ("Buy"/"Subscribe") is triggered by the respective app store.

(5) For subscriptions, the fee for the selected term is payable in advance and is charged automatically at the beginning of each billing period. In-app purchases are billed as a one-off payment.

(6) Price changes for ongoing subscriptions are communicated to the user at least 30 days before they take effect; the user may cancel the subscription before they become effective.

(7) For users outside the European Economic Area, the respective platform may apply different prices and taxes.


§ 7 Right of withdrawal for consumers

7.1 Withdrawal instructions

Consumers have a statutory right of withdrawal pursuant to §§ 312g, 355 et seq. BGB.

Right of withdrawal

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

To exercise your right of withdrawal, you must inform us (WYN GmbH, Retzdorffpromenade 3a, 12161 Berlin, email: support@wyll.app) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and no later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Note on processing for app store purchases: As payment is processed via Apple or Google, refunds are in practice handled through the respective app store. This does not affect your statutory right of withdrawal vis-à-vis the provider; we will support you in asserting it.

Early commencement of performance and expiry of the right of withdrawal

If you requested that the services should begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until the point in time at which you inform us of the exercise of the right of withdrawal.

In the case of digital content not supplied on a tangible medium, the right of withdrawal expires early if the provider has begun performance after you have

  1. expressly consented to the provider beginning performance of the contract before the end of the withdrawal period, and
  2. confirmed your awareness that by giving your consent you lose your right of withdrawal once performance begins (§ 356 (5) BGB).

For in-app purchases through the Apple App Store or Google Play Store, withdrawal and refunds are handled under the terms of the respective platform operator (merchant of record). The provider does not obtain a separate consent in the app to the expiry of the right of withdrawal. Whether the right of withdrawal expires in an individual case is determined by statute and by the store terms. Premium features become available immediately after a successful store purchase. Refunds are processed through the respective app store; we will assist (see the note above).

7.2 Model withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it.)

– To WYN GmbH, Retzdorffpromenade 3a, 12161 Berlin, email: support@wyll.app:

– I/we (*) hereby give notice that I/we (*) withdraw from my/our contract for the provision of the following service: _______________

– Ordered on (*): _______________

– Name of consumer(s): _______________

– Address of consumer(s): _______________

– Signature of consumer(s) (only if this form is notified on paper): _______________

– Date: _______________

(*) Delete as appropriate.


§ 8 Term, renewal and cancellation

(1) The free user agreement runs for an indefinite period and may be terminated by the user at any time without notice by deleting the account in the app settings.

(2) The Premium subscription runs for the booked term (e.g. monthly, annually) and renews automatically unless cancelled at least 24 hours before the end of the respective billing period.

(3) Cancelling store subscriptions. Subscriptions concluded via the Apple App Store or Google Play Store must be cancelled through the subscription management of the respective app store; technical cancellation directly vis-à-vis the provider is not possible in this respect. The provider explains the cancellation process in the app.

(4) The right to extraordinary termination for good cause remains unaffected. Good cause exists for the provider in particular in the case of serious or repeated breaches of these Terms, unlawful conduct, or false information provided during registration.

(5) No pro-rata refund of fees already paid is made upon cancellation, unless a statutory right of withdrawal (§ 7) applies.


§ 9 Data after the contract ends

(1) When the Premium subscription ends, the free features remain usable. Access to Premium content ends when the paid period expires.

(2) Data created or recorded by the user (in particular favourites, saved workouts, training and progress data) remains linked to the account and stored for as long as the account exists. Users can retrieve it in full at any time via the data export in the app. Which of this data the app displays or uses depends on the plan under § 4; after Premium access ends, for example, saved workouts and progress evaluations older than 7 days become visible in the app again only with renewed Premium access.

(3) If the account is deleted, the data is deleted or anonymised in accordance with the Privacy Policy; statutory retention obligations (in particular for invoicing/tax data) remain unaffected.


§ 10 Health and safety information (material part of the contract)

(1) Training at your own risk. Use of the app and performance of the recommended exercises are at the user's own risk.

(2) Medical clearance. Before starting a new training programme, we strongly recommend consulting a doctor — in particular in the case of:

(3) Stop immediately. Training must be stopped immediately and medical advice sought in the event of pain, shortness of breath, dizziness, nausea or a racing heartbeat.

(4) Not an emergency system. wyll is not an emergency system and does not provide real-time monitoring of vital signs. In a medical emergency, call the emergency services (112) immediately.


§ 11 AI recommendations — limits and liability

(1) Training plans, exercise suggestions and adjustment recommendations are generated by an AI system. AI systems can make mistakes. All recommendations must be reviewed critically by the user.

(2) The AI takes into account only the data entered by the user. It does not know the user's actual physical condition at the time of training and cannot detect unforeseen changes in health.

(3) Information on exercise execution, weights, repetitions and recovery times constitutes guidance, not medical prescriptions. AI-generated recommendations do not replace assessment by qualified trainers, sports physicians or physiotherapists.

(4) The provider gives no warranty as to the correctness, completeness or individual suitability of AI-generated recommendations.


§ 12 User obligations

(1) The user provides truthful information upon registration and keeps it up to date.

(2) Access credentials must be kept confidential and must not be passed on to third parties. The user is liable for activities under their account where they are responsible for the misuse.

(3) The user is prohibited in particular from: using the app for illegal purposes; disrupting its operation or placing a disproportionate load on it; carrying out automated access (bots, crawlers, scrapers); circumventing security mechanisms; decompiling, disassembling or otherwise gaining unauthorised access to the source code (reverse engineering), unless mandatorily permitted by law.

(4) The user shall indemnify the provider against justified third-party claims based on a culpable breach of these obligations or on an infringement of rights by content the user has submitted, including the reasonable costs of legal defence.


§ 13 User-generated content, community and reporting channels

(1) The app contains community features (in particular Arena, leaderboards, challenges, badges and the creation of training locations). In this context, the user's content and profile information — in particular username and avatar — may become visible to other users. Users should choose their information accordingly.

(2) The user undertakes not to submit any content that is unlawful, insulting, discriminatory, harmful to minors or infringing the rights of third parties.

(3) Rights of use in submitted content. Where the user submits their own content (e.g. username, avatar, training locations, entries), they grant the provider a simple, non-exclusive, worldwide, royalty-free right to process, store and display such content technically for the purpose of operating and improving the app, within the intended scope. The user warrants that they are entitled to grant this right.

(4) Reporting and complaints mechanism. Users can report unlawful content or misuse by email to support@wyll.app. The provider reviews reports and removes unlawful content or blocks the accounts concerned within a reasonable period (cf. the obligations for intermediary services under Regulation (EU) 2022/2065 — Digital Services Act). The central point of contact is: support@wyll.app.


§ 14 Copyright and rights of use

(1) All content in the app (in particular texts, images, graphics, videos, training plans, algorithms and software) is protected by copyright and is owned by the provider or used with the permission of the rights holders.

(2) The user is granted a simple, non-transferable, non-sublicensable right to use the app and its content privately and non-commercially for the term of the contractual relationship, limited to use on a personal device.

(3) Any use beyond this requires the prior written consent of the provider.


§ 15 Limitation of liability

(1) The provider is liable without limitation for damage arising from injury to life, body or health, for damage caused intentionally or through gross negligence, and under mandatory statutory provisions (including the German Product Liability Act).

(2) For slight negligence, the provider is liable only where a material contractual obligation (cardinal obligation) is breached, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place. In such cases, liability is limited to the damage typically foreseeable under the contract.

(3) Health damage from training: The provider is not liable for injuries or health damage resulting from performing recommended exercises where the user has failed to observe the information in §§ 10 and 11.

(4) AI errors: Liability does not arise merely because an AI recommendation proved unsuitable in an individual case, provided the provider is not at fault under the applicable statutory provisions.

(5) The provider is not liable for the accuracy, completeness or currency of the content, nor for data loss where the user has not taken reasonable backup measures of their own.

(6) The above limitations of liability also apply for the benefit of the provider's legal representatives, employees and vicarious agents.


§ 16 Changes to these Terms

(1) The provider reserves the right to amend these Terms with effect for the future where this is necessary for objective reasons (e.g. legislative changes, new features, court decisions) and the changes are reasonable for the user.

(2) Changes are communicated and made available to the user at least 30 days before they take effect, by email or in-app notification.

(3) If the user does not object to the amended Terms within 30 days of receiving the notification, they are deemed to have been accepted. The notification expressly draws attention to the right to object and to the significance of the deadline.

(4) If the user objects in time, the contract continues on the previous terms; the provider is entitled to terminate the user relationship as of the date the change takes effect. Material changes to the primary contractual obligations require the user's express consent.


§ 17 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this applies only insofar as it does not deprive them of the protection of mandatory consumer protection provisions of the state of their habitual residence.

(2) The place of performance and jurisdiction is Berlin, provided the user is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany. For consumers, the general place of jurisdiction applies.

(3) The provider is entitled to transfer rights and obligations arising from the user agreement to a third party. The user will be informed of this in good time and may terminate the contract extraordinarily in that case.

(4) Should individual provisions be invalid or unenforceable, this does not affect the validity of the remaining provisions. The statutory rules replace the invalid provision.

(5) Online dispute resolution (Art. 14 (1) ODR Regulation): The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr. Our email address: support@wyll.app. The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

(6) Information on the processing of personal data is set out in the Privacy Policy, available at https://wyll.app/en/privacy and forming part of these Terms.