Terms of Use
Version of 28 August 2026 · Scope: milewise.de, app.milewise.de, the Milewise mobile apps and the related electronic communication · The German version is authoritative; this is a non-binding courtesy translation.
- Scope, provider and language
- What Milewise is, and is not
- Access, invitation and account
- Connected accounts and your data
- Acceptable use: what you must not do
- What your account includes
- Usage limits and the agreed metering
- The AI coach: nature and limits
- Prices, subscription, trial and cancellation
- Your right of withdrawal
- Availability, updates and changes
- Term and termination of the account
- Liability
- Final provisions
1. Scope, provider and language
These Terms of Use govern the use of the Milewise web application at app.milewise.de, the Milewise mobile apps, the website milewise.de, and the related electronic communication.
Provider (“we”, “us”):
Moritz NiedermannEssenweinstr. 37
76131 Karlsruhe
Germany
Phone: +49 170 1163838 · Email: contact@milewise.de · full provider details in the legal notice.
The German version of these terms is the authoritative one. This English version is a courtesy translation, provided so that you can read the same contract in English; where the two differ, the German wording governs.
The processing of personal data is described separately in the privacy policy, which forms part of these terms by reference.
By creating an account or using Milewise you accept these terms. If you do not accept them, do not use the service.
2. What Milewise is, and is not
Milewise is an AI-assisted endurance-training assistant. It reads the training and wellness data you make available through your own connected accounts (intervals.icu, Strava, Polar, Suunto) and produces training guidance, plans and post-workout feedback. In the Milewise app for iPhone you can additionally let it read sleep, heart-rate variability, resting heart rate and respiratory rate from Apple Health (section 4). If you connect your personal Google Calendar (section 4), it also reads your calendar entries so that it can plan your training around your commitments.
Milewise gives training and fitness guidance only. It is not medical advice, it is not a medical device, and it does not diagnose, treat, monitor or prevent any disease or injury. Consult a doctor for any health concern, and before starting or substantially changing training. If you experience chest pain, fainting, or sharp, localised, resting or night-time pain, swelling, or you are limping, stop and seek medical help. Do not rely on Milewise in an emergency.
You remain responsible for your own training decisions. Every recommendation is non-binding and may be ignored or amended at any time.
3. Access, invitation and account
Sign-up is invite-only. An account can be created only via an owner-issued allowlist entry or a single-use waitlist invite link (valid 14 days). Accounts are created by signing in with Google, Apple or Strava; regular accounts have no password.
You must:
- be at least 18 years old and have legal capacity to enter into a contract;
- provide accurate information and keep your sign-in provider account secure;
- use the account only for yourself. Accounts are personal. Do not share, sell, transfer or let anyone else use your account or your invite link.
The AI features additionally require your separate, explicit consent to the processing of your health data (Art. 9(2)(a) GDPR). That consent is asked for separately from these terms, is never bundled with them, and can be withdrawn at any time in the app. Withdrawing it stops every AI feature immediately, because without it we may not process the data the coach reads. That is a consequence of your decision, not a defect of the service; if you hold a subscription you can cancel it under section 9.
We may refuse, suspend or terminate an account that breaches these terms (see section 12).
4. Connected accounts and your data
You choose which sources to connect. Your intervals.icu, Strava, Polar, Suunto and Google Calendar accounts remain governed by those providers' own terms; we access them only with the credentials or authorisation you supply, and you may disconnect at any time.
You keep all rights in your own training and health data. You grant us only the limited right to process it to operate the service for you, as described in the privacy policy.
You must only connect accounts you own and only submit data that is yours. Do not upload or enter another person's health data.
Your personal Google Calendar is an optional, read-only connection. It is separate from signing in with Google: signing in still asks for your identity only, and the calendar is connected only if you start that consent yourself. Once connected, the coach reads your calendar entries (calendar name, event title, date, start and end time) so that it can plan your training around your commitments, and you choose which of your calendars it may read. Nothing is ever written to your personal calendar. We keep no separate store of calendar data: each read is live, at the moment the coach needs it. What it read, event titles included, does become part of that conversation like any other thing it looked up, and is kept for as long as that conversation exists, under the retention rules for chats in the privacy policy. Deleting the conversation deletes it. One record sits outside the conversation: when a saved plan puts a session on a day your calendar leaves no room for, or too close to an early start the next morning, we note that date and the times involved, never what an entry says. It is kept among the most recent entries of an internal log, is included in your data export, and goes with your account. Disconnecting deletes the authorisation we hold and stops all future reads, and we also ask Google to revoke the access; that request is sent once and we do not check or repeat it, so if it does not get through you can remove the access yourself in your Google account at any time. Disconnecting does not remove titles already present in past conversations.
Apple Health is an optional connection in the Milewise app for iPhone. If you switch it on and allow it on Apple’s own permission sheet, the app reads the last 14 nights of sleep (time asleep, time in bed, and the deep/REM/core/awake split), heart-rate variability as SDNN, resting heart rate and respiratory rate, and sends those values to us. Workouts are deliberately not read. The Health samples themselves stay on your phone; only these values are transmitted. They are health data, so nothing is stored unless your separate consent to the processing of health data stands: while it does not, a transmission from the phone is refused and nothing is kept from it. Switching the connection off deletes the values we stored from Apple Health, and so do resetting and deleting your account. They are part of your data export and are deleted with your account.
You can upload a workout file yourself. From the Activities tab you can add a FIT, TCX or GPX file (up to 16 MB, also gzipped) as a workout. We keep the file exactly as you uploaded it, read the workout out of it, and store both. A workout you upload is yours in Milewise rather than borrowed from a platform: the coach may use it, it can be combined with the same session recorded elsewhere, and it can be sent on to your other services if you ask for that. The file is included in your data export and is deleted with your account. Uploading the same file again updates that workout instead of adding a second one. Only upload files of your own activities.
Sending your activities on to another service is off unless you switch it on, per service, under that service’s row in Settings. When it is on, a workout we hold is uploaded to that service if it is not already there; we check first, including for copies that arrived through your own sync between two platforms, so nothing is duplicated. Only services whose API accepts a workout can receive one: today that is intervals.icu and Strava. Strava can receive an activity but can never be the source of one, because Strava’s API terms do not permit their data to be passed to another service. Uploading to another service is limited to workouts we may pass on, which in practice means the ones you uploaded yourself.
Naming your activities from your plan is also off unless you switch it on, per service. When it is on, an activity that completed a planned session is renamed to that session’s title, and its description is set to the session’s training steps followed by a line naming Milewise. If you rename or rewrite it yourself afterwards, we leave it alone. For Strava, both of these require you to allow Milewise to edit your activities. Connecting or signing in with Strava asks for that permission at the same time as the others, on Strava’s own consent screen, where you can decline it. Declining it costs you nothing else: everything Milewise reads from Strava keeps working, and these two settings simply stay unavailable until you grant it. Granting it changes nothing on its own, because both settings are off until you switch them on. Switching either setting off stops all future writes; text already written to an activity stays where it is, and you can change it on that service at any time.
Sending planned workouts onward to your intervals.icu calendar (and from there to a watch) is on by default from the moment you connect intervals.icu and grant the calendar write permission, which the intervals.icu consent screen names expressly. We never switch it on for you if you have already set the toggle yourself, either way, or if that permission was not granted; you can switch it off at any time. It is one of several writes Milewise makes to an external service, alongside the heart-rate zones written to your intervals.icu account when the zone sync is on, the registration of your account number with Polar when you connect Polar, and a planned session sent to your Suunto account as a SuuntoPlus guide when you connect Suunto and leave that toggle on (all described in the Privacy Policy). The Suunto guide does not reach the watch by itself: you choose it in the Suunto App and sync it there. Because it delivers the training plan, it also requires an account that includes the plan (see section 6). If your account stops including it, we switch the delivery off and remove the future workouts we previously wrote to your calendar, so nothing we can no longer keep up to date is left behind on your watch. Sessions you have already completed, and anything you created yourself, are not touched.
5. Acceptable use: what you must not do
You must not:
- Break the law or others' rights. Use Milewise for any unlawful purpose, or upload, enter or generate content that infringes third-party rights, is defamatory or is otherwise unlawful.
- Submit other people's data. Enter, connect or upload personal or health data of another person, whether or not they consented.
- Attack or probe the service. Attempt to gain unauthorised access to any account, server, database or data; perform penetration testing, vulnerability scanning, or any denial-of-service, brute-force, injection or similar attack; interfere with or disrupt the service or its infrastructure.
- Circumvent limits or protections. Bypass or attempt to bypass authentication, the invite-only gate, rate limits, usage quotas, spend caps, the paywall or any technical protection measure; use multiple or automated accounts to obtain more usage than intended.
- Automate or scrape. Access the service by bot, scraper, crawler or other automated means, or use the API outside the application, except where we have given written permission.
- Resell or rebrand. Sell, resell, rent, sublicense, white-label or otherwise make the service available to third parties, or use it to build or train a competing product or model.
- Reverse engineer. Decompile, disassemble or reverse engineer the service, or attempt to extract its source code, prompts or model configuration, except to the extent such restriction is prohibited by mandatory law.
- Abuse the AI coach. Use the coach to generate unlawful, harmful, hateful or sexual content; attempt prompt injection or to make it ignore its instructions or safety limits; use it to obtain medical, legal or other professional advice it is not qualified to give; or generate content at a volume intended to exhaust our AI budget or degrade the service for others.
- Misrepresent. Impersonate another person, misstate your identity or age, or present Milewise output as professional medical or diagnostic advice.
- Use it safety-critically. Rely on Milewise for any decision where failure could cause injury or death, or in place of medical care.
We may investigate suspected breaches and suspend access immediately where necessary to protect the service or other users.
6. What your account includes: the free scope and the subscription
Every account starts on the free scope and stays there until a subscription is taken out. The free scope is:
- the dashboard and your daily overview, with your activity and training content: today’s planned session, your latest activity, your goal and its countdown, and your weekly training volume;
- your activity history, individual workouts with their maps and charts, and the heatmap;
- your training profile, including the training zones computed from your own configured maximum and resting heart rate;
- a training plan you build yourself: a seven-day week generated for a goal you pick (a preset training goal, or a race in running, cycling or swimming), which you can rebuild whenever you like, plus the season phase overview;
- every connector we offer (intervals.icu, Strava, Polar, Suunto, Google Calendar), with no platform reserved for paying accounts;
- the data export and account deletion in the “You” tab;
- reading everything the account already holds, including coach conversations, plan sessions and post-workout feedback produced while a subscription was running.
Recovery data is not part of the free scope. Sleep, HRV, resting-heart-rate and stress trends, the readiness score, the fitness/fatigue/form curve and the per-metric wellness trend charts require a subscription. They are not collected at all before the separate health-data consent, which is asked before you connect your first wellness source and can therefore already stand on a free account (see the Privacy Policy). Your activity data, your training volume and your training profile stay available without a subscription.
The AI coach is not part of the free scope. An account without a subscription produces no AI output at all: no coach chat, no automatic morning check, no post-workout feedback, no plan built or changed by the coach, and no coach-written changes to the plan you built yourself. Sending planned workouts to your intervals.icu calendar and on to a watch also requires a subscription. In the app the Plan and Coach tabs stay visible: the Plan tab offers the self-built week described above, and both explain what a subscription adds.
A subscription (section 9) adds exactly this: the AI coach chat, the automatic morning readiness check, the automatic post-workout feedback, the recovery and wellness surface (sleep, HRV, resting heart rate, stress, readiness and the fitness/fatigue/form curve), coach-built and coach-maintained training plans together with editing the plan yourself, your goal-progress trajectory, free-form goals the coach interprets, and the optional push of planned workouts to your intervals.icu calendar and on to a watch.
When a subscription ends, nothing is deleted. AI generation pauses, the plan becomes read-only, and the push of planned workouts to your intervals.icu calendar is switched off as described in section 4. Your conversations, your plan, your feedback, your training history and your export all stay available.
Your data stays yours regardless of subscription status. The data export in the “You” tab is not part of any subscription and is open to every account. It includes your planned training sessions alongside the rest of your data, so your right of access and your right to data portability (Art. 15 and Art. 20 GDPR) do not depend on paying us. The same applies to deletion (section 12) and to your other statutory rights.
7. Usage limits, fair use and the agreed metering
The service applies per-account limits so one account cannot exhaust shared AI capacity. These currently include a short-term chat burst limit, a daily chat limit, a daily budget for automated post-workout analysis, a per-account monthly AI spend cap, and a limit of three data exports per day. The public waitlist endpoint is additionally rate-limited per IP address and per email address.
Reaching the short-term or daily chat limits pauses only the chat until the window resets. Reaching the monthly AI spend cap pauses the AI features (the chat and, depending on the cap that was reached, the automatic analyses) until the next monthly period; the app itself, your training history and your data remain accessible.
The metering, and why it is agreed separately (§ 327h BGB). AI use in a subscription is not unlimited, and that is a deliberate departure from what you could otherwise expect of a digital product of this kind (§ 327e BGB). Under § 327h BGB such a departure binds you only if we inform you of this particular deviation before you make your contract declaration and you agree to it expressly and separately. We therefore present it at checkout as its own, separately confirmed item, and not merely as part of these terms. The deviation is:
- the subscription is calculated for regular coaching use of roughly 40 coach chats per week, not for unlimited use;
- a short-term burst limit (currently 15 chat turns per 5 minutes on Coach, 20 on Pro);
- a daily chat limit (currently 40 chat turns per rolling 24 hours on Coach, 60 on Pro);
- a ceiling on the AI provider cost each account may cause per monthly period (currently USD 8 on Coach and USD 14 on Pro). Reaching it does not stop your coach: past the ceiling the coach keeps answering on its most economical model for a further small allowance, and tells you once that it has done so;
- a daily budget for the automatic post-workout analyses (currently 15 on Coach, 25 on Pro).
Within this agreed metering, reaching a limit is not a defect of the service. The exact values are operational settings, sized so that normal use of the described features stays well inside them; we may raise them freely, and may lower them only under the conditions in section 11 (§ 327r BGB). Everything outside the AI features, including your dashboard, your history, your trends and your export, is not metered.
8. The AI coach: nature and limits
The coach is powered by large language models operated by EU-resident AI providers acting as our processors, each bound by Art. 28 GDPR data-processing terms with EU data-residency guarantees: Mistral AI SAS (France), Microsoft (Azure OpenAI inside the EU Data Boundary) and Amazon Web Services (EU regions). Which of them serves a given request depends on the routing in effect and on availability. Your dialogue and the training and health data needed to answer are transmitted to the provider in use; the privacy policy names them and says what is transmitted.
You accept that AI output:
- can be wrong, incomplete or out of date, and can misread your data;
- is generated automatically and is not reviewed by a human before you see it;
- is guidance, not instruction, and must be judged against how you actually feel.
No decision producing legal effects or similarly significant effects is taken solely by automated means (Art. 22 GDPR). Some coach actions run without a separate click, for example the morning readiness brief, post-workout feedback and chat titling.
The coach depends on external AI providers. We operate several independent EU-resident providers with automatic failover; if none of them is temporarily reachable, the AI features are unavailable until service resumes. Your training history and your data remain accessible throughout such an outage, as does your training plan if your account includes it (section 6). Your statutory rights remain unaffected.
9. Prices, subscription, trial, renewal and cancellation
Status on 27 August 2026: the order page is reachable. What a subscription costs, what it includes and whether submitting the order creates an obligation to pay are shown in the checkout itself before you submit it, and that display governs. Where an account has AI access today without having ordered, we granted it by hand, free of charge, and we may end it at any time with reasonable notice; no fee is owed for it and none will be charged retroactively. This section states, bindingly, what applies to every subscription concluded through the checkout.
Price. Milewise is offered as two subscriptions: Coach at EUR 9.99 per month and Pro at EUR 19.99 per month. Both are final prices: they include the value-added tax or sales tax applicable to you, and no further charges are added by us. An annual subscription is not offered. The price shown to you at checkout is the price you pay. Costs your own bank or card issuer charges you (for example foreign-currency fees), and the costs of your own connected accounts and internet access, are yours.
The 7-day trial. A subscription can start with a 7-day free trial. It requires a payment method up front: you enter your card at checkout, nothing is charged during the trial, and at the end of the 7 days the subscription begins and the first payment is taken unless you cancel before then. You can cancel at any time during the trial from your account, and nothing will be charged. A promotion code may extend the trial; the length that applies to you is shown on the order page before you order.
The trial is once per person, not once per account. It requires at least one connected training account, and it is used up by every integration connected to your account: your intervals.icu, Strava, Polar or Suunto connection, and the account you sign in with (Google, Apple or Strava). If any one of them has had a trial before, the subscription starts without one, at the normal price, and the order page says so before you order. So that the rule still holds after an account is deleted, we keep one salted hash per integration; it carries no name, no email address and no account reference, and the privacy policy describes it.
Who sells to you. We operate Milewise and provide the service to you, and these terms govern that use. The seller of the subscription (merchant of record) is “Sold through Link, LLC”, the entity through which Stripe provides its merchant-of-record service (Stripe Managed Payments), a company in the United States. The postal address Stripe publishes for Link is Stripe, LLC, 354 Oyster Point Blvd., South San Francisco, CA 94080, USA. The seller's own name and address are additionally shown to you in the checkout and on every receipt and invoice it issues, before anything binds you (Art. 246a § 1 Abs. 1 Satz 1 Nr. 2 EGBGB, § 5b Abs. 1 Nr. 2 UWG). Payment is processed through Stripe; the contracting entity for our Stripe account is Stripe Technology Europe, Limited, Ireland (registered there under number 0599050). You will see “Sold through Link” during checkout, and LINK.COM* MILEWISE.DE on your card or bank statement. Receipts and invoices come from the seller. We tell you this plainly because who your counterparty is is material information. You do not have to work out which entity to address: you can send any withdrawal, cancellation or complaint to the contact details in section 1, we act on it, and we forward what has to reach the seller.
Where Milewise is available. Milewise is not offered to people in the United Kingdom. We do not accept sign-ups from there, we do not advertise there, we do not price in pounds, and we have no UK site or UK contact details. If you are in the United Kingdom, this service is not directed at you and you should not use it. We check this at sign-up from the network address the request arrives from, which is a best-effort measure and not a guarantee: an address can be wrong, and a virtual private network defeats it entirely. Reaching the site from the United Kingdom does not mean we are offering it to you there.
How the contract is concluded. Before you order, the checkout shows you the service, the total price, the term, and the renewal and cancellation conditions immediately above the order button, and the button itself is labelled unambiguously as an order with an obligation to pay (§ 312j Abs. 2 and 3 BGB). We record your order together with the declarations you give separately there and the version of the text they were given against. Once your subscription starts, we send you a confirmation of the contract by email, on a durable medium (§ 312f Abs. 2 BGB): what you bought, the price, the term, the cancellation conditions, the declarations you gave and the version of the text you gave them against, with the Terms, the Widerrufsbelehrung and the privacy policy linked from it. The receipt and the invoice come from the seller named above.
Term, renewal and cancellation.
- Term: both subscriptions run indefinitely and are billed monthly in advance. You can cancel at any time with effect from the end of the current billing month. There is no minimum term and no annual term.
- How to cancel: at milewise.de/cancel (German: /kuendigen), which you can reach without signing in and which is linked from the footer of every page. It records your cancellation with the time we received it and confirms that to you by email. If you are already signed in, the row for your subscription in your account carries the same cancellation button and is the shorter path. Independently of both, an informal, unambiguous declaration to contact@milewise.de is always enough and stays open to you permanently. Cancelling costs nothing, needs no reason, and is never routed through a retention offer you have to argue your way out of.
- Failed payment: if a payment fails, your subscription stays in place while the payment provider retries it, and you keep the paid features during that time. Only when those retries are exhausted, or the subscription is cancelled or suspended, do the paid features pause and the account return to the free scope in section 6. Nothing is deleted.
Price changes. The price agreed when you subscribe stays fixed for as long as your subscription runs. If we want to change it, we will offer you the change in text form at least 30 days before it would take effect, together with the date and the new price. It applies only if you accept it; if you do not, your subscription continues at the agreed price, and we may instead terminate it with one month's notice to the end of a billing period. A price change never applies to a period you have already paid for.
10. Your right of withdrawal
This section concerns subscriptions concluded through the checkout. It summarises the right; the separate withdrawal instruction (Widerrufsbelehrung), which includes the model withdrawal form, is the authoritative text. It is linked in the checkout, immediately above the order button, and published as its own page on this website: withdrawal instruction (English courtesy version), and Widerrufsbelehrung (German, binding).
You have 14 days to withdraw from the contract, without giving any reason. The period runs from the day the contract is concluded. To exercise it, send us an unambiguous declaration (for example by email to contact@milewise.de, by phone on +49 170 1163838, or by post to the address in section 1). You may use the model withdrawal form, but you do not have to.
The electronic withdrawal function under § 356a BGB does not exist yet. It is provided for contracts concluded through the checkout, in the signed-in account area in which the contract is concluded, and from then on a withdrawal declared through it is confirmed to you on a durable medium. Until then, the channels named above are the way to withdraw: any unambiguous declaration is effective, no form is needed, and no reason has to be given.
We do not ask you to waive this right, and it cannot be excluded. It can only lapse on the statutory conditions:
- for a service (§ 356 Abs. 5 BGB): you expressly consented to us beginning performance before the period ends, you acknowledged that you lose the right on complete performance, and we have performed completely;
- for digital content not supplied on a physical medium (§ 356 Abs. 6 BGB): you gave the same express consent, you acknowledged that you lose the right when performance begins, we have begun, and we have supplied you with the confirmation of the contract under § 312f BGB.
In practice this means your withdrawal right survives the whole 14 days, and the two limbs fail for two different reasons. The service limb turns on complete performance: a subscription that runs indefinitely is not completely performed within 14 days, so that condition cannot occur during the period. Complete performance is no condition of the digital-content limb at all, which ends the right at the start of performance once all of its conditions are met, so that limb needs its own answer: the declaration you give at checkout is a consent to begin early and nothing more. It contains no acknowledgement that you lose your right of withdrawal, and that acknowledgement is one of the conditions, so the limb is never completed. The withdrawal instruction sets both out in full and is the authoritative text.
If you asked us to start providing the service before the period ended and we informed you properly, you owe us a proportionate amount for what was actually provided up to your withdrawal (§ 357a Abs. 2 BGB). Nothing more.
11. Availability, updates and changes to the service
Availability. Milewise is provided during an invite-only early phase and is offered “as available”: no particular uptime figure is agreed. We perform maintenance and deploy changes without prior notice where that is reasonable, and we keep interruptions short. Your statutory rights if the service is not in conformity (§§ 327 ff. BGB) remain unaffected, and nothing in these terms limits them.
Updates (§ 327f BGB). For the whole period during which we owe you the service, we provide the updates needed to keep it in conformity with the contract, including security updates, and we inform you about them. Milewise runs in your browser and on our servers, so there is normally nothing for you to install; you do need a reasonably current browser. Where an update does require action by you and we informed you about it, § 327f Abs. 2 BGB applies.
Changes to the service (§ 327r BGB). We may change the service beyond what is needed to keep it in conformity only for a valid reason (triftiger Grund), and this contract provides for it on the following grounds and no others:
- a change in the law, in case law, or in a decision of a public authority that affects the service;
- a change, price change, restriction or discontinuation on the part of a third-party service the feature depends on (an AI provider, intervals.icu, Strava, Polar, Google Calendar, the hosting, mail or payment provider);
- a change in the technical environment (interfaces, protocols, browsers, security requirements), or a change necessary to keep the service secure;
- adapting a feature to how it is actually used, replacing it with one that serves the same purpose, and adding new features.
Such a change is free of charge to you: it never becomes a reason for an additional payment. If a change impairs your access to the service or its usability by more than a negligible amount, we will tell you in text form on a durable medium a reasonable time before it takes effect, describing the change, when it happens and your rights. You may then terminate the contract free of charge within 30 days, counted from receipt of that information or from the change taking effect, whichever is later. That right does not apply if the impairment is negligible, or if we let you keep the unchanged version at no extra cost (§ 327r Abs. 3 and 4 BGB). If you terminate, we refund the prepaid, unused part of your subscription pro rata.
We may discontinue Milewise entirely. If we do, we give reasonable notice so that you can export your data, we cancel running subscriptions to that date, and we refund the prepaid, unused part pro rata.
12. Term and termination of the account
You may stop using Milewise at any time and delete your account yourself in the app (“You” tab). Deletion permanently removes your account and associated data as described in the privacy policy, and removes previously pushed future workouts from your intervals.icu calendar. Deleting your account also ends any running subscription; we refund the prepaid, unused part pro rata in full months. Before deleting your account you can export your data from the “You” tab.
We may terminate the free use of Milewise with 30 days' notice, and a subscription with one month's notice to the end of a billing period; in that case we refund the prepaid, unused part pro rata.
We may suspend or terminate access without notice, or with notice appropriate to the circumstances, if you materially breach these terms (in particular section 5), or if operation of the service ends. The right to terminate for good cause remains unaffected.
13. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent we have given a guarantee.
For slight negligence we are liable only where a material contractual obligation is breached (an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely), and in that case only for the foreseeable damage typical for this type of contract.
Any further liability is excluded. This applies in particular to damage arising from training decisions you take on the basis of AI-generated guidance, and from data supplied by your connected third-party accounts.
Your statutory rights as a consumer remain unaffected, including your rights where the service is not in conformity with the contract (§§ 327 ff. BGB) and your withdrawal right under section 10.
14. Final provisions
Changes to these terms. We may amend these terms with effect for the future where a change in the law, in case law, in a decision of a public authority, or in the service itself makes it necessary, and where the change does not shift the balance of the contract to your disadvantage. We will inform you in text form at least 30 days before a change takes effect. A change that disadvantages you applies only if you agree to it; in every case you may terminate free of charge before it takes effect. Changes to the service itself are governed by section 11, not by this paragraph.
Governing law. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of those provisions of the law of the country of your habitual residence that cannot be derogated from by agreement (Art. 6(2) Rome I Regulation). Those provisions apply to you in addition, whatever this clause says.
Jurisdiction. You may bring proceedings against us at the court of your place of residence or at our seat. We may bring proceedings against you, as a consumer, only at the court of your place of residence.
Dispute resolution. We are neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board (§ 36 VSBG). You can always write to contact@milewise.de first; we answer.
Severability. If a provision is or becomes invalid, the remainder stays in force.
Contact. contact@milewise.de, +49 170 1163838, Moritz Niedermann, Essenweinstr. 37, 76131 Karlsruhe, Germany.
Third-party services and limitation of liability
Milewise reads and writes data at services you connect yourself: intervals.icu, Strava, Polar, Suunto and Google. Those services are not ours and we do not control them.
No third-party warranties. The connected services are provided by their own operators. We give no warranty of any kind on their behalf, express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Their availability, accuracy and continued existence are theirs to determine, not ours.
No consequential damages. Neither Milewise nor the operators of those connected services are liable for indirect, incidental, special, punitive or consequential damages arising from your use of Milewise or of a connected service, including lost data, lost training time, missed goals, or injury attributed to a training suggestion. Nothing here limits liability that cannot be limited under German law, in particular for injury to life, body or health, or for intent or gross negligence.