Terms of Use for KAVYLO

1. Provider

KAVYLO is provided by:

Naomi Stiel Sole proprietor Bonner Str. 301 50968 Köln Germany

Email: naomistiel.apps@outlook.com

In these Terms of Use, the provider may also be referred to as "KAVYLO", "we", "us", or "our".

2. Scope and Relationship to Apple's Standard EULA

These Terms of Use apply to the use of KAVYLO, including:

• the KAVYLO iPhone app,
• the associated KAVYLO Apple Watch app,
• KAVYLO Pro,
• training, nutrition, progress, reporting, and recommendation features,
• readiness, recovery, and regeneration features,
• badges, rewards, community challenges, and seasonal programs,
• HYROX-related features,
• team and invitation features,
• community and user-generated-content features,
• the KAVYLO website and related support services.

By creating an account, purchasing KAVYLO Pro, or continuing to use KAVYLO after these Terms have been made available to you, you agree to these Terms of Use.

The license to use the KAVYLO iOS and Apple Watch applications is also subject to Apple's Standard Licensed Application End User License Agreement, unless KAVYLO expressly provides a separate custom end-user license agreement. These Terms govern KAVYLO-specific services and conduct in addition to the applicable Apple license terms.

If a mandatory provision of applicable law conflicts with these Terms, the mandatory legal provision prevails.

3. Eligibility and Minors

KAVYLO is generally intended for persons aged 16 or older.

Persons under the age of 16 may use KAVYLO only where the required consent of a parent or legal guardian has been provided and the use is permitted under applicable law.

You may not use KAVYLO if you are legally prohibited from receiving or using the service.

4. Account Registration and Security

Certain KAVYLO features require an account.

You must provide accurate and current information and keep it updated where necessary. You are responsible for protecting your device, login credentials, Apple Account, and access to your KAVYLO account.

You must not:

• share your password or knowingly allow unauthorized access,
• sell, transfer, rent, or commercially trade your account,
• create an account using another person's identity without authorization,
• use multiple accounts to evade restrictions, suspensions, or moderation decisions,
• access or attempt to access another user's account without authorization.

Please contact us promptly at naomistiel.apps@outlook.com if you believe that your account has been compromised.

5. License to Use KAVYLO

Subject to these Terms, the applicable Apple license terms, and your compliance with applicable law, KAVYLO grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable right to use KAVYLO for your own private and lawful purposes.

You may not, except where expressly permitted by applicable law:

• copy, redistribute, sell, rent, sublicense, or commercially exploit KAVYLO,
• reverse engineer, decompile, disassemble, or attempt to derive source code,
• modify, adapt, translate, or create derivative works from KAVYLO,
• bypass access controls, subscription restrictions, security measures, or technical limitations,
• use KAVYLO to build or train a competing service through unauthorized extraction of content, data, or functionality,
• remove copyright, trademark, or ownership notices.

All rights not expressly granted remain reserved.

6. Intellectual Property and Third-Party Marks

KAVYLO, its design, software, branding, graphics, interfaces, databases, original text, and other provider-created content are protected by intellectual-property laws.

Third-party names, products, services, logos, and trademarks remain the property of their respective owners.

Unless expressly stated otherwise, references to third-party brands or events, including HYROX, are descriptive only and do not imply sponsorship, affiliation, partnership, or endorsement.

You may not use the KAVYLO name, logo, design, or other protected material without prior written permission, except where permitted by law.

7. Fitness, Health, and Nutrition Information

KAVYLO is a fitness, training, organization, progress, and nutrition application.

KAVYLO may provide:

• workout plans and templates,
• exercise information,
• training recommendations,
• progress summaries,
• nutrition calculations and planning tools,
• HYROX simulations and evaluations,
• heart-rate, calorie, pace, distance, sleep, or recovery-related displays,
• automated statistics and reports.

These features are provided for general informational, organizational, and fitness-support purposes. They do not constitute medical advice, diagnosis, treatment, psychotherapy, physiotherapy, or individualized professional nutrition advice.

KAVYLO does not replace advice from a physician, qualified therapist, registered dietitian, or other appropriately qualified professional.

Before beginning or materially changing a training, fasting, nutrition, or weight-management program, you should obtain professional advice where you have an illness, injury, pregnancy, suspected medical condition, eating disorder, medication-related concern, or other health risk.

Stop exercising and seek appropriate medical assistance if you experience symptoms such as:

• chest pain,
• severe shortness of breath,
• fainting or severe dizziness,
• acute injury,
• unusual heart symptoms,
• severe pain,
• any other concerning symptom.

You are responsible for deciding whether a workout, exercise, recommendation, calorie goal, fasting period, or nutrition plan is suitable for your personal condition.

In an emergency, contact the appropriate emergency services. Do not rely on KAVYLO for emergency assistance.

8. Accuracy of Measurements, Calculations, and Recommendations

Values displayed by KAVYLO may be based on:

• information entered by you,
• measurements from Apple Watch or Apple Health,
• formulas and estimates,
• third-party product databases,
• device sensors,
• synchronization between services and devices.

Such values may be incomplete, delayed, estimated, or inaccurate.

In particular, calorie expenditure, heart-rate zones, recovery indicators, body-composition values, nutrition values, predicted performance, HYROX times, and training recommendations are estimates and may differ from actual results.

You should verify important information independently and should not use KAVYLO as the sole basis for medical, safety-critical, or competition-critical decisions.

9. Apple Health, HealthKit, and Apple Watch

HealthKit and Apple Watch functions require compatible Apple devices, software versions, permissions, and available sensor data.

You decide which HealthKit permissions to grant. Refusing or withdrawing permission may limit the relevant feature.

You must not intentionally enter or synchronize false, misleading, or manipulated health information in a way that could create risks for yourself or others.

KAVYLO is not responsible for the independent availability, accuracy, operation, or policies of Apple Health, HealthKit, watchOS, iOS, or Apple devices.

Apple is not responsible for providing KAVYLO maintenance or support. Questions, complaints, or claims relating specifically to KAVYLO should be directed to naomistiel.apps@outlook.com.

10. Nutrition Information and Open Food Facts

KAVYLO may retrieve product information from Open Food Facts or other permitted third-party sources.

Product names, ingredients, allergens, quantities, and nutritional values may be incomplete, outdated, incorrect, or changed by manufacturers.

You must verify product packaging and professional medical guidance where information is relevant to:

• allergies,
• intolerances,
• medical diets,
• pregnancy,
• medication,
• severe dietary restrictions,
• other health-sensitive decisions.

KAVYLO does not guarantee the accuracy or completeness of third-party food information.

11. KAVYLO Pro and Paid Features

KAVYLO may offer free functions and paid KAVYLO Pro functions.

The features included in KAVYLO Pro may be described in the app and may include, depending on the current offering:

• expanded workout plans,
• additional templates,
• advanced progress analysis,
• reports,
• HYROX analysis or simulations,
• team functions,
• additional planning tools,
• other premium features.

The specific features included in an offer are those shown to you before purchase.

A purchase does not transfer ownership of KAVYLO or its software. It provides access to the purchased digital features for the applicable purchase or subscription period.

12. Subscriptions, Billing, and Automatic Renewal

KAVYLO Pro may be offered as an auto-renewable subscription through Apple's App Store.

Before purchase, Apple or KAVYLO will display the applicable:

• product or subscription name,
• price,
• billing period,
• trial or introductory offer, where available,
• renewal conditions,
• included features.

Payment is charged through the Apple Account used for the purchase.

An auto-renewable subscription renews automatically unless it is cancelled before the end of the current billing period in accordance with Apple's applicable subscription rules.

You can manage or cancel your subscription through your Apple Account and the App Store subscription settings.

Deleting the KAVYLO app or deleting your KAVYLO account does not automatically cancel an Apple subscription.

Prices and taxes may vary by country or region and are shown by Apple before the purchase is confirmed.

13. Free Trials, Introductory Offers, and Promotions

KAVYLO or Apple may offer free trials, introductory prices, promotional offers, or offer codes.

Eligibility, duration, price, conversion to a paid subscription, and other conditions are shown before acceptance.

Unless cancelled in accordance with the displayed conditions, a trial or introductory offer may convert into a paid auto-renewable subscription.

Offers may be limited to eligible users, products, countries, periods, or Apple Accounts and may not be combined unless expressly stated.

14. Restore Purchases

Eligible App Store purchases may be restored through the "Restore Purchases" function in KAVYLO.

Restoration generally requires:

• the same Apple Account used for the original purchase,
• an active or restorable purchase,
• an internet connection,
• successful verification through Apple and the purchase-management infrastructure used by KAVYLO.

Restoring a purchase does not create an additional charge.

A KAVYLO account and an Apple Account are separate. Where technically necessary, a restored entitlement may need to be associated with the currently signed-in KAVYLO account.

Additional instructions are available on the Restore Purchases page.

15. Refunds and Mandatory Consumer Rights

Purchases made through Apple are billed and administered by Apple. Refund requests for App Store purchases must generally be submitted through Apple and are subject to Apple's policies and applicable law.

Nothing in these Terms excludes or limits mandatory consumer rights.

Where applicable law provides rights relating to digital content or digital services, including rights concerning supply, conformity, updates, correction of defects, price reduction, termination, reimbursement, or withdrawal, those rights remain unaffected.

16. Teams, Invitations, and Shared Features

KAVYLO may allow users to create teams, invite members, assign roles, connect simulations, share plans, and evaluate team-related information.

You are responsible for:

• inviting only persons who are intended to join the team,
• using invitation links carefully,
• respecting other team members' privacy and rights,
• ensuring that shared notes and data are lawful and appropriate,
• removing access when a person should no longer participate.

Invitation links or tokens may expire, be limited to a particular account, or be disabled for technical, security, misuse-prevention, or product reasons.

KAVYLO may reject, invalidate, or deactivate invitations where necessary to protect users or the service.

17. Community and User-Generated Content

KAVYLO may allow you to publish or share content, including:

• profile information,
• posts,
• comments,
• photos,
• workouts,
• plans,
• recipes,
• team-related content,
• other community contributions.

You are responsible for the content you create, upload, publish, or share.

You must not publish content that:

• is unlawful or promotes unlawful conduct,
• is threatening, harassing, bullying, or abusive,
• is discriminatory, hateful, or demeaning toward a protected or identifiable group,
• promotes violence, self-harm, dangerous conduct, or eating-disorder behavior,
• is sexually explicit, exploitative, or inappropriate,
• violates privacy, image rights, confidentiality, copyright, trademark, or other third-party rights,
• impersonates another person or misrepresents identity or affiliation,
• contains malware, phishing, fraud, scams, or deceptive links,
• constitutes unauthorized advertising, spam, or repetitive solicitation,
• deliberately spreads materially false or dangerous health information,
• otherwise creates a significant risk to users or the service.

KAVYLO may provide reporting and blocking functions. You must not misuse those functions by knowingly submitting false or abusive reports.

Badges, Rewards, Community Challenges, and Seasonal Programs

KAVYLO may offer digital progress and motivation features:

• badges are digital achievements unlocked when existing progress or activity conditions are met,
• rewards are digital items that can be unlocked inside the app,
• community challenges are shared time-based or goal-based challenges,
• seasonal programs consist of several tasks with saved progress.

Badges and rewards are digital only. They have no monetary value, are not a currency, cannot be exchanged for money or goods, and cannot be sold or transferred to other users. KAVYLO may change, replace, or discontinue individual badges, rewards, challenges, or seasonal programs, in particular for technical, content-related, or safety reasons.

Readiness is a non-medical assessment of training readiness, and recovery and regeneration features describe recovery status and regeneration measures. They are not medical advice, diagnosis, or treatment. Stress, energy, pain, and physical complaints entered in a daily check-in are voluntary.

18. Rights to Your Content

You retain ownership of the rights you hold in content that you create or upload.

You grant KAVYLO a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, adapt for technical formatting, transmit, synchronize, display, and make your content available only to the extent necessary to:

• operate KAVYLO,
• provide the feature you selected,
• display content to the audience selected by you,
• synchronize content across devices,
• create backups,
• moderate or investigate reported content,
• comply with legal obligations,
• protect users and enforce these Terms.

This license ends when the relevant content or account is deleted, except where:

• continued retention is legally required,
• the content has been shared with others and remains part of a joint interaction,
• temporary backup retention is technically necessary,
• limited retention is required for safety, moderation, or legal claims.

You confirm that you have all rights and permissions necessary to upload and share your content.

KAVYLO does not acquire ownership of your content merely because you use the service.

19. Moderation, Blocking, Suspension, and Removal

KAVYLO may review, restrict, hide, remove, or disable access to content or accounts where:

• these Terms are violated,
• rights of another person may be infringed,
• content is reported,
• there is a safety or security concern,
• fraud, manipulation, or misuse is suspected,
• action is required by law or a competent authority,
• immediate action is reasonably necessary to prevent harm.

Depending on the seriousness of the matter, KAVYLO may:

• issue a warning,
• limit a function,
• remove content,
• restrict communication,
• invalidate invitations,
• temporarily suspend an account,
• permanently terminate an account.

Where appropriate and legally required, KAVYLO may provide information about the reason for a moderation decision and an opportunity to contact us.

Serious or repeated violations may result in immediate suspension or termination.

20. Prohibited Use

You must not use KAVYLO to:

• gain unauthorized access to systems, data, accounts, or devices,
• interfere with availability, security, or operation,
• distribute malware or harmful code,
• probe, scan, or test vulnerabilities without written authorization,
• bypass security, payment, subscription, or access restrictions,
• scrape, crawl, harvest, or extract data through unauthorized automated means,
• create excessive requests or otherwise overload the service,
• manipulate rankings, reports, engagement, performance data, or purchase status,
• use false identities or impersonate others,
• harass, deceive, exploit, or endanger other users,
• violate intellectual-property, privacy, image, confidentiality, or other rights,
• use the app for unlawful, fraudulent, or commercially abusive purposes,
• encourage another person to carry out prohibited conduct.

21. Third-Party Services

KAVYLO may interact with third-party services, including Apple, Apple Health, HealthKit, Apple Watch, Supabase, RevenueCat, Google Sign-In, Open Food Facts, Microsoft Outlook, and Lovable.

Your use of those services may also be subject to the relevant provider's terms and policies.

You must comply with applicable third-party terms when using KAVYLO.

KAVYLO does not control third-party services and cannot guarantee their uninterrupted availability, accuracy, security, or continued compatibility.

Where a third-party service changes, restricts, or discontinues a function, the corresponding KAVYLO feature may also be limited or discontinued.

22. Availability, Maintenance, and Updates

KAVYLO is provided with reasonable care, but uninterrupted or error-free availability cannot be guaranteed.

Temporary limitations may occur due to:

• maintenance,
• updates,
• security measures,
• server or network failures,
• App Store processes,
• third-party outages,
• device compatibility,
• force majeure,
• other technical or legal reasons.

You are responsible for installing compatible KAVYLO, iOS, and watchOS updates where reasonably necessary for security, compatibility, or continued operation.

Failure to install necessary updates may affect availability, security, or conformity where the issue results from the missing update and you were appropriately informed.

23. Changes to Features and Digital Services

KAVYLO may modify, improve, replace, or discontinue features for valid reasons, including:

• security,
• legal or regulatory requirements,
• technical compatibility,
• changes to Apple or third-party services,
• prevention of misuse,
• product improvement,
• performance or operational requirements.

Changes will not create an additional charge unless you separately agree to a paid offer.

Where legally required, you will be informed clearly about a change.

If a change to an ongoing paid digital service negatively affects your access or use more than only minimally, any mandatory rights to continue using the previous version, terminate the affected contract, or obtain another remedy remain unaffected.

24. Account Deletion and Termination by You

You may stop using KAVYLO at any time.

You may request account deletion through the available in-app function or by contacting naomistiel.apps@outlook.com.

Account deletion may permanently remove or anonymize associated data in accordance with the Privacy Policy and applicable law.

Before deleting your account, you should export any data you wish to retain where an export function is available.

Deleting your account does not:

• cancel an Apple subscription,
• guarantee deletion of copies independently saved by other users,
• eliminate lawful retention obligations,
• reverse completed App Store transactions.

25. Termination or Discontinuation by KAVYLO

KAVYLO may suspend or terminate access where you materially or repeatedly violate these Terms, create a security risk, misuse paid functions, infringe rights, or use the service unlawfully.

KAVYLO may also discontinue the service or a material part of it for valid operational, legal, security, or economic reasons.

Where reasonably possible and legally required, advance notice will be provided.

Mandatory rights relating to paid digital services, refunds, termination, data access, or data portability remain unaffected.

26. Statutory Rights, Warranty, and Conformity

KAVYLO is responsible for providing the service in accordance with applicable law.

Nothing in these Terms excludes statutory warranties, guarantees, remedies, or conformity rights that cannot legally be excluded.

No statement in KAVYLO guarantees that you will achieve a particular:

• health outcome,
• weight change,
• fitness level,
• personal record,
• competition result,
• HYROX time,
• calorie target,
• body-composition result.

Where a defect or lack of conformity occurs, your statutory rights remain available.

27. Liability

KAVYLO is liable without limitation:

• for intent and gross negligence,
• for injury to life, body, or health caused by a negligent or intentional breach of duty,
• under mandatory product-liability law,
• where a guarantee has expressly been assumed,
• in any other case where liability cannot legally be limited.

For ordinary negligence, KAVYLO is liable only for breach of an essential contractual obligation whose fulfilment makes proper performance possible and on which users may ordinarily rely. In that case, liability is limited to the foreseeable damage typical for the contract, to the extent permitted by law.

The above limitations also apply to KAVYLO's legal representatives and agents.

KAVYLO is not responsible for damage caused solely by:

• incorrect information entered by you,
• use contrary to these Terms or safety instructions,
• failure to seek necessary medical advice,
• third-party services outside KAVYLO's control,
• unsupported, modified, compromised, or defective devices,
• failure to install necessary security or compatibility updates after appropriate notice,

unless KAVYLO is legally responsible for the relevant damage.

Mandatory consumer rights remain unaffected.

28. Apple's Role

These Terms are concluded between you and KAVYLO, not between you and Apple.

KAVYLO, not Apple, is responsible for:

• the KAVYLO service and its content,
• KAVYLO-specific maintenance and support,
• addressing claims relating to KAVYLO,
• compliance with applicable laws relating to KAVYLO,
• investigating and addressing intellectual-property claims relating to KAVYLO.

Apple has no obligation to provide maintenance or support for KAVYLO.

Purchases, subscriptions, refunds, and App Store account matters are administered by Apple under Apple's applicable terms and policies.

Apple and its subsidiaries are third-party beneficiaries of the provisions in these Terms that relate to the licensed iOS and Apple Watch applications and may enforce those provisions to the extent provided by applicable Apple terms and law.

29. Privacy

Information about how KAVYLO processes personal data is provided in the KAVYLO Privacy Policy.

The Privacy Policy forms a separate transparency notice and does not limit any rights under applicable data-protection law.

30. Governing Law and Consumer Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.

For consumers, this choice of law does not deprive you of mandatory protections available under the law of the country in which you have your habitual residence.

The statutory rules on jurisdiction apply. Consumers may bring claims before courts that are competent under mandatory consumer-protection law.

Before initiating formal proceedings, you may contact us at naomistiel.apps@outlook.com so that we can attempt to resolve the issue.

31. Changes to These Terms

KAVYLO may update these Terms where reasonably necessary because of:

• new or changed features,
• legal or regulatory requirements,
• security requirements,
• technical changes,
• changes to subscriptions or third-party services,
• clarification of existing provisions.

The current version will be made available in KAVYLO or on the KAVYLO website.

Where changes materially affect an ongoing contractual relationship, KAVYLO will provide notice in an appropriate manner and observe any mandatory legal requirements.

Continued use after a change does not waive any mandatory rights you may have.

32. Severability

If any provision of these Terms is invalid or unenforceable, the remaining provisions remain unaffected.

The invalid provision will be replaced by the applicable statutory rule. Nothing in this section is intended to reverse the legal burden of proof or reduce mandatory consumer rights.

33. Contact

For questions, complaints, support requests, or claims relating to KAVYLO or these Terms, contact:

Naomi Stiel Sole proprietor Bonner Str. 301 50968 Köln Germany

Email: naomistiel.apps@outlook.com