General Terms and Conditions
THALOS AI FITNESS COACH
General Terms and Conditions
B2C SaaS membership with app, wearable integration and Polar device
AGB / GENERAL TERMS
1. Provider, Scope and Contracting Parties
1.1 The provider of the Thalos app and your contractual partner is Thalos Ai Fitness Coach GmbH, Kohlmarkt 4/6, 1010 Vienna, Austria, company register number FN 658737 g, registered with the Commercial Court of Vienna, VAT ID ATU82506012, email: notifications@thalos.at ("Thalos", "we", "us"). Data protection requests should be sent to privacy@thalos.at.
1.2 These General Terms and Conditions ("Terms") apply to consumers within the meaning of Austrian consumer protection law who purchase a digital Thalos membership through the website, app or any other online ordering process. Separate terms may apply to business customers, study participants, B2B partners, gyms, employer programmes and research collaborations.
1.3 Any deviating terms of users shall not apply unless we expressly agree to them in writing.
1.4 These Terms form part of the contract in the version provided before conclusion of the contract. Users may save and print these Terms before placing an order.
1.5 This English version is intended as a clear English-language version of the Terms. If both German and English versions are made available and the order process does not expressly state that English is the binding contract language, the German version shall prevail in case of conflict.
2. Definitions
"App" / "Service" means the mobile application, web or API components, AI-supported chat and coaching features, training, nutrition, recovery and tracking functions, and related content.
"Membership" means the ongoing, periodically billed contractual relationship for use of the Service.
"Polar Device" means a Polar wearable or sensor device, including accessories where stated in the order process, provided by Thalos as part of certain memberships.
"User Data" means information, content, measurements, photos, videos, logs, comments and other data that users enter, upload or transmit to Thalos through devices or integrations.
"Performance Data" means data relating to training, movement, sleep, recovery, nutrition, body metrics, sensor values and similar fitness or wellness aspects. Where such data qualifies as health data under the GDPR, the Privacy Policy and any separate consents shall also apply.
3. Purpose of Thalos and Express Exclusion of Medical Services
3.1 Thalos is intended exclusively as a digital fitness, wellness and performance coaching solution for healthy adult users. The Service helps users plan, document and optimise training, nutrition and recovery in everyday life and sport.
3.2 Thalos is not a medical device within the meaning of Regulation (EU) 2017/745, not an in-vitro diagnostic device, not an accessory to a medical device, and not a telemedicine or healthcare service. Thalos is not offered or provided for the diagnosis, prediction, prognosis, prevention, monitoring, treatment or alleviation of diseases, injuries, disabilities or pathological conditions.
3.3 Thalos does not provide medical, physiotherapeutic, psychotherapeutic, medical nutrition, pharmaceutical or other healthcare advice. Use of the Service does not create a doctor-patient, therapist-patient, nutritionist-client or other healthcare treatment relationship.
3.4 Content, chat responses, scores, plans, notices, analyses, warnings and recommendations are provided only for general fitness, wellness, lifestyle and informational purposes. They must not be used for medical decision-making, medication dosing, insulin dosing, supplement dosing, treating symptoms, or interpreting laboratory, glucose, genetic, microbiological or other body-related values.
3.5 In the case of pain, illness, pregnancy, discomfort, abnormal measurements, injury, symptoms, medication use, known pre-existing conditions or uncertainty, users must consult a qualified medical professional before using or continuing training, dieting, fasting, supplementation or any other measure. In emergencies, users must immediately contact the emergency services.
3.6 If any content elsewhere appears unclear or could be misunderstood, this section takes precedence. Marketing texts, app texts and support responses must always be interpreted within this non-medical purpose.
4. Eligibility and User Responsibility
4.1 The regular Thalos membership is intended for persons aged 18 or over. Users aged 16 or 17 may use the Service only if Thalos expressly provides a separate minor-specific process and verifiable consent from their legal representatives has been obtained. In such cases, payment, contractual and device-related handling must be carried out by an adult or with the consent of the legal representatives. The regular Thalos App is not intended for persons under 16.
4.2 Users are responsible for deciding whether an exercise, training plan, nutritional change, fasting, supplementation, measuring device or other action is suitable for them. Physical activity may involve significant risks.
4.3 Users must perform all exercises with proper technique, appropriate intensity and due regard for their own ability. In the event of pain, dizziness, shortness of breath, unusual exhaustion, skin irritation from wearables or other warning signs, users must stop using the Service or training and contact an appropriate professional.
4.4 Thalos can generate recommendations only on the basis of the data entered and transmitted. Incomplete, incorrect or delayed information, missing sensor signals, device errors, image or OCR errors, or AI errors may lead to inaccurate recommendations.
5. Conclusion of Contract, Order Process and User Account
5.1 The presentation of memberships on the website or in the app does not constitute a binding offer, but an invitation to place an order, unless expressly stated otherwise.
5.2 Before placing an order, users are shown the essential characteristics, prices, taxes, payment terms, term, cancellation options, withdrawal rights, device conditions and these Terms. Input errors can be corrected before completion.
5.3 The contract is concluded when the user confirms the paid order using a clearly labelled button and Thalos accepts the order, for example by activating the account or sending an order confirmation by email.
5.4 The contract language is the language offered in the order process. Unless another binding language is expressly offered, the contract language is German. Users receive, or can download, the order confirmation, Terms, Privacy Policy, withdrawal information and invoice information to the extent required by law.
5.5 Users must keep their login details confidential and must not allow third parties to use their account. Actions carried out through the account will be attributed to the relevant user to the extent permitted by law.
6. Membership, Prices, Payment and Cancellation
6.1 The membership runs for an indefinite period and is billed monthly, annually or according to another billing period shown in the order process, depending on the plan selected.
6.2 All prices shown to consumers include VAT and other price components. Any additional costs, such as return shipping costs for a device, will be stated separately before conclusion of the contract where such costs may arise.
6.3 Payment is made using the payment methods offered in the order process. Payment service providers may apply their own terms. Thalos stores full credit card or payment details only where expressly stated; as a rule, such data is processed by the payment service provider.
6.4 The membership may be cancelled at any time. Cancellation takes effect at the end of the current billing period. Refunds for billing periods that have already begun are granted only where required by law or expressly agreed.
6.5 Cancellation must be possible at least through the function provided in the app or customer account and by email to notifications@thalos.at.
6.6 In the event of late payment, Thalos may, after an appropriate reminder and subject to mandatory consumer rights, suspend or terminate access. Outstanding claims remain payable.
7. Polar Device: Provision, Return and Pro-Rated Device Value
7.1 If the order process states that a Polar Device is included as part of a membership, the device is provided for use with the Service. The specific device type, scope of delivery, technical requirements and any delivery conditions are set out in the order process.
7.2 The Polar Device is included if the membership is maintained for at least twelve full paid membership months. Until twelve full paid membership months have elapsed, the device is economically provided as part of the ongoing membership. After twelve full paid membership months, the user may keep the device permanently without further payment, unless otherwise agreed in the order process.
7.3 If the membership is cancelled before twelve full paid membership months have elapsed, the Polar Device must be returned within fourteen days after the end of the contract, at the user's own cost, to Thalos Ai Fitness Coach GmbH, Kohlmarkt 4/6, 1010 Vienna, Austria, or to another return address notified by Thalos. Statutory withdrawal rights and mandatory return rules remain unaffected.
7.4 If the device is not returned on time, or if it is not returned in a condition that is undamaged beyond normal wear and tear, Thalos may charge the outstanding pro-rated device value. The maximum device value is EUR 179.90 and decreases pro rata over twelve months with each full paid membership month.
7.5 The calculation formula is: outstanding pro-rated device value = EUR 179.90 × (12 minus number of full paid membership months) / 12. The amount is commercially rounded to two decimal places. After twelve full paid membership months, the outstanding pro-rated device value is EUR 0.00.
7.6 This rule is not a contractual penalty. It is a transparent economic settlement of the device value in the event of early contract termination without timely return of the device. Statutory warranty rights remain unaffected.
7.7 Users must follow the manufacturer's instructions, safety notices and care instructions for the Polar Device. In the event of skin irritation, pain, unusual heat, rash or other discomfort, the device must be removed and medical advice should be sought where appropriate.
8. Statutory Right of Withdrawal for Distance Contracts
8.1 Consumers who conclude a contract online generally have a statutory right of withdrawal. Details, deadlines, exceptions, compensation for services already provided and the model withdrawal form are set out in the separate withdrawal information provided before conclusion of the contract.
8.2 If users expressly request that Thalos begins providing the Service before the withdrawal period has expired, a proportionate fee for services already provided may be payable in the event of later withdrawal. For digital content not supplied on a physical medium, the right of withdrawal may expire under the statutory conditions if users expressly consent to immediate performance and confirm that they thereby lose their right of withdrawal.
8.3 The cancellation right under Section 6 and the statutory right of withdrawal are separate rights. Cancellation ends the ongoing membership at the end of the billing period. A valid withdrawal within the statutory period has the legal consequences provided by law.
9. Scope of Service, Availability and Changes
9.1 The specific scope of the Service is determined by the selected plan, the order process and the current product description. Thalos may label individual functions as beta, test, preview or experimental features.
9.2 Thalos endeavours to provide high availability, but does not guarantee uninterrupted or error-free availability. Maintenance, updates, security measures, network disruptions, app stores, cloud services, devices, laboratories, payment providers or other third-party providers may impair use.
9.3 Thalos may further develop the Service, implement security updates, and change, replace or remove functions where this is necessary for security, legal compliance, technical development, prevention of misuse, product improvement or economic reasonableness, provided that users are not unreasonably disadvantaged. Material adverse changes will be notified in good time where required by law.
9.4 Users are responsible for compatible devices, internet access, app updates, device connections and the correct use of sensors.
10. User Obligations
Users must:
a. keep all information complete, correct and up to date, in particular body data, training status, goals, nutrition, supplements, medication information, pain, discomfort and other relevant circumstances;
b. not upload personal data of third parties, in particular faces, names, licence plates or third-party health data in photos, videos, chat fields or note fields;
c. not take or change illegal, dangerous or medically unverified substances, doping agents, medication doses or insulin doses on the basis of Thalos recommendations;
d. not use the App for medical decisions, emergencies, diagnoses, therapy planning, rehabilitation, disease tracking or injury treatment;
e. respect copyrights, trademarks, data protection rights, personality rights and other third-party rights;
f. not bypass security mechanisms and not carry out automated access, scraping, reverse engineering or any other misuse;
g. use devices, login details and app functions properly and only within the intended purpose.
11. AI, Chatbot, Wearable Data and Limits of Results
11.1 Thalos may use AI models, rule-based systems, image and text recognition, speech recognition, LLM-supported functions and statistical models. The outputs are fitness and performance aids, not binding instructions. They may be incomplete, unsuitable or incorrect.
11.2 Users should check and correct important inputs and values, in particular recognised foods, supplements, training data, lactate values, glucose values, laboratory values and other measurement or input values. Section 15 applies to damage resulting from knowingly incorrect, incomplete or unchecked data used contrary to clear notices.
11.3 Sensor and device data may be inaccurate due to poor fit, lack of skin contact, movement artefacts, empty batteries, technical faults, manufacturer limitations, missing calibration or external factors. Thalos does not guarantee any particular accuracy or any particular sporting result.
11.4 Thalos does not replace a personal trainer, medical professional or individual on-site supervision. For demanding exercises, new forms of training or uncertainty, users should seek qualified support on site.
12. Data Protection, Data Processing and Use of Anonymised Data
12.1 The processing of personal data is governed by the Privacy Policy and any separately obtained consents. Where Performance Data constitutes special categories of personal data, processing takes place only on a suitable legal basis, in particular explicit consent.
12.2 Users retain their data protection rights. Personal health or fitness data is not sold to advertisers, employers, gyms or other third parties.
12.3 To the extent legally permitted and transparently described in the Privacy Policy or consents, Thalos may process personal data in order to create anonymised or aggregated datasets, benchmarks, insights, models, training data, product improvements and performance insights. Once data has been effectively anonymised and no longer relates to an identifiable person, it may be used, shared, licensed and commercially exploited by Thalos and its affiliated companies for research, product development, AI training, benchmarking, reports, data products and other commercial purposes.
12.4 To the extent necessary for providing, securing, improving and further developing the Service, users grant Thalos a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to uploaded content. For personal content, this licence applies only within the applicable data protection legal bases. Anonymised or aggregated results, models, benchmarks and derived products may be used permanently.
12.5 In the event of a request for deletion or withdrawal of consent, we will delete personal data or remove the personal reference in accordance with the Privacy Policy and statutory requirements. Effectively anonymised or aggregated data, results, models, benchmarks and products that no longer relate to an identifiable person remain in place and may continue to be used.
13. Rights in the App, Content and Trademarks
13.1 All rights in the App, software, trademarks, designs, databases, models, algorithms, texts, graphics, workflows and other elements of the Service remain with Thalos or its licensors.
13.2 For the duration of the membership, users receive a personal, non-exclusive, non-transferable and revocable right to use the App within the contractually intended scope.
13.3 Users may not copy, rent, sell, license, make publicly available, decompile, reverse engineer, modify or use the App or content for a competing product, unless this is mandatorily permitted by law.
14. Third-Party Providers, App Stores, Wearables, HealthKit, Laboratories and Payment Services
14.1 The Service may interact with third-party providers, including app stores, payment service providers, cloud providers, communication services, LLM or AI providers, analytics providers, wearable manufacturers, Apple Health/HealthKit, Polar, Dexcom, lactate measuring devices, laboratories or diagnostic partners.
14.2 Third-party services are subject to their own terms, privacy notices, technical limitations and availability. To the extent permitted by law, Thalos is not responsible for the content, measurement accuracy, outages, delays or legal relationships of third-party providers.
14.3 Where Thalos displays or processes data from third-party sources, this does not constitute medical validation or confirmation of the accuracy or completeness of such data.
15. Warranty and Liability
15.1 Consumers' statutory warranty rights remain unaffected.
15.2 Thalos has unlimited liability for damage caused by intent or gross negligence and for damage resulting from injury to life, body or health, to the extent attributable to Thalos. Mandatory statutory liability, in particular under product liability law and mandatory consumer law, remains unaffected.
15.3 In cases of slight negligence, Thalos is liable for property damage and financial loss only in the event of a breach of material contractual obligations and only for foreseeable damage typical of the contract. To the extent permitted by law, this liability is limited per damage event to the higher of EUR 100 and the membership fees paid by the affected user in the twelve months preceding the event causing the damage, but in any case to a maximum of EUR 1,000. If the membership has existed for a shorter period, the amount actually paid during that period is decisive.
15.4 To the extent permitted by law, Thalos is not liable for damage caused predominantly by users acting contrary to clear notices, manufacturer instructions, medical advice or these Terms, relying on Thalos for medical decisions, or knowingly providing false or incomplete data.
15.5 Thalos does not owe any particular training, weight, body composition, performance, recovery, sleep, nutrition or other result.
16. Suspension, Extraordinary Termination and Misuse
16.1 Thalos may temporarily suspend accounts or terminate the contract for good cause if users materially breach these Terms, misuse the Service, infringe third-party rights, create security risks, fail to make payments despite a reminder, or if legal requirements make this necessary.
16.2 Before suspension or termination, Thalos will, where possible and reasonable, inform the user and give them an opportunity to respond. Immediate action may be necessary in the event of acute security, legal or misuse risks.
17. Changes to these Terms
17.1 Thalos may amend these Terms where objective reasons exist, for example changes in law, technical development, new functions, security requirements, changes to the scope of services or clarifications. Changes will be notified in text form.
17.2 To the extent permitted by law, changes are deemed accepted if users do not object within a reasonable period and Thalos separately informs users of this consequence. In the case of material changes to the disadvantage of users, additional statutory requirements apply. Mandatory consumer rights remain unaffected.
18. Applicable Law, Consumer Jurisdiction and Final Provisions
18.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected.
18.2 The statutory places of jurisdiction apply to consumers. No jurisdiction agreement is made to the disadvantage of consumers.
18.3 If any provision of these Terms is or becomes invalid, the remainder of the contract remains valid. The invalid provision shall be replaced by the applicable statutory provision.
18.4 Contact for contracts, cancellation, withdrawal, devices, complaints and support: notifications@thalos.at. Data protection requests: privacy@thalos.at. Return address: Thalos Ai Fitness Coach GmbH, Kohlmarkt 4/6, 1010 Vienna, Austria, unless another address is notified.
Annex: Example Calculation of Pro-Rated Device Value
| Full paid membership months | Maximum outstanding pro-rated device value |
|---|---|
| 0 | EUR 179.90 |
| 1 | EUR 164.91 |
| 2 | EUR 149.92 |
| 3 | EUR 134.93 |
| 4 | EUR 119.93 |
| 5 | EUR 104.94 |
| 6 | EUR 89.95 |
| 7 | EUR 74.96 |
| 8 | EUR 59.97 |
| 9 | EUR 44.98 |
| 10 | EUR 29.98 |
| 11 | EUR 14.99 |
| 12 | EUR 0.00 |
This table is provided for transparency. The formula in Section 7.5 and the actual contract and return status are decisive.