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General Terms and Conditions (GTC)

Version: 2026-08-05

1. Scope of Application

1.1 These General Terms and Conditions (“GTC”) apply to all contracts between

GainPlan e.U.
Roland Konlechner
Lindengasse 56/18-19
1070 Vienna
Austria
Company Register No. FN 654635z, Commercial Court of Vienna

(hereinafter “GainPlan”, “we” or “us”)

and consumers as well as businesses (hereinafter “User”, “Customer” or “you”) concerning the purchase and use of the software GainPlan Desktop and GainPlan Coach.

1.2 Deviating terms and conditions of the User shall not apply unless we expressly agree to their validity in writing.

1.3 Towards consumers, the mandatory consumer protection provisions, in particular the Austrian Consumer Protection Act (KSchG), the Distance and Off-Premises Contracts Act (FAGG) and the Consumer Warranty Act (VGG), shall apply.

2. Subject Matter of the Contract

2.1 GainPlan is a desktop application for planning, documenting and analysing strength training.

2.2 We offer two versions:

  • GainPlan Desktop: intended for private use
  • GainPlan Coach: with extended features (in particular the management of multiple profiles), suitable for coaches and personal trainers

Both versions may be purchased by consumers and businesses. There is no obligation to purchase the Coach version in order to use the software as a coach.

2.3 The software provides tools for creating, organising and managing the user’s own training data. GainPlan does not provide training programmes, training plans or medical advice.

2.4 The software constitutes a digital service (digital content) within the meaning of the VGG.

3. Conclusion of Contract

3.1 The contract is concluded by completing the order process on our website and successful payment processing.

3.2 After successful payment, you will immediately receive an email containing your personal licence code for activating the software.

3.3 The contract text is stored by us. You may access, store and print the GTC on our website at any time.

4. Prices and Payment

4.1 The prices stated on our website at the time of purchase shall apply. All prices include the statutory value-added tax (VAT).

4.2 Payment is made as a one-time payment (purchase of a perpetual licence).

4.3 Payment processing is handled by the payment service provider Mollie. The payment methods offered by Mollie are available (including credit card, PayPal and others).

4.4 The purchase price is due upon conclusion of the contract.

5. Delivery / Provision

5.1 The software may be downloaded prior to purchase. Full functionality is only unlocked by entering a valid licence code.

5.2 After successful payment, you will receive the licence code by email. The digital content is deemed provided upon transmission of the licence code.

5.3 There is no trial period for the paid versions. A separate demo version is available online (without download) and is independent of the paid version.

6. Licence

6.1 Upon purchase of the software, you receive a simple, non-exclusive, non-transferable and perpetual licence to use the respective version (Desktop or Coach) on one end device.

6.2 The licence solely entitles you to use the software in accordance with these GTC and the respective product description.

6.3 No transfer of ownership of the software takes place. All rights to the software (including source code, user interface, graphics, logos, documentation and trademarks) remain with GainPlan or the respective rights holders.

6.4 The User is not entitled to:

  • rent, lend, sell, sublicense or otherwise transfer the software to third parties,
  • decompile, disassemble or reverse-engineer the software (except to the extent mandatory by law),
  • copy the software (except for backup copies to the extent permitted by law),
  • use the software on more than the licensed device at the same time.

6.5 The software runs on Windows, macOS and Linux.

7. Activation

7.1 First-time use of the licensed software requires entry of a valid licence code.

7.2 During activation, a one-time connection is established to our licence server to verify the validity of the licence code. Technical information (e.g. device identifiers) may be transmitted. Further details can be found in our Privacy Policy.

7.3 After successful activation, the licence is stored locally on your end device. The software does not permanently communicate with our licence server thereafter.

7.4 The licence is bound to the device used for activation (one device per licence).

8. Updates

8.1 We may provide bug fixes, improvements or new versions of the software. Updates are free of charge and optional.

8.2 There is no entitlement to specific features, extensions or future updates. No specific duration of update provision is guaranteed.

8.3 The software currently does not automatically check for updates. Users decide for themselves whether and when to download and install a new version.

8.4 Towards consumers, the statutory update obligation under the VGG remains unaffected (updates necessary to keep the digital content in conformity with the contract).

9. Right of Withdrawal for Consumers

9.1 Consumers have a statutory right of withdrawal of 14 days for distance contracts.

9.2 In the case of contracts for digital content not supplied on a tangible medium, the right of withdrawal expires prematurely if:

  • the consumer has expressly consented to the performance of the contract (provision of the licence code) beginning before the end of the withdrawal period, and
  • the consumer has confirmed knowledge that they thereby lose their right of withdrawal, and
  • we have begun performance.

9.3 The exact conditions, time limits and the procedure for exercising the right of withdrawal as well as the model withdrawal form can be found in the separate Withdrawal Information on our website.

9.4 Businesses do not have a right of withdrawal.

10. Warranty

10.1 Towards consumers, the statutory warranty provisions apply, in particular those of the Consumer Warranty Act (VGG). Statutory rights remain unaffected.

10.2 We endeavour to provide reliable and error-free software. However, according to the state of the art, it cannot be ruled out that software may contain errors in individual situations.

10.3 Towards businesses, the statutory warranty provisions of the Austrian Civil Code (ABGB) apply, unless otherwise agreed.

11. Liability

11.1 We are liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body or health in accordance with statutory provisions.

11.2 In the event of slight negligence, we are only liable for breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the typical, foreseeable damage.

11.3 Any further liability is excluded to the extent permitted by law.

11.4 The above limitations of liability also apply in favour of our legal representatives and vicarious agents.

12. Data Protection

Information on the processing of personal data (including data transmitted during activation) can be found in our Privacy Policy.

13. Changes to the Software

We reserve the right to further develop the software, fix bugs or adapt features, provided that this does not substantially impair the purpose of the contract.

14. Applicable Law and Place of Jurisdiction

14.1 Austrian law shall apply, excluding its conflict of law rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

14.2 Towards consumers, the mandatory consumer protection provisions of the country of their habitual residence shall also apply.

14.3 The place of jurisdiction for disputes with businesses is Vienna. Towards consumers, the statutory rules on jurisdiction apply.

15. Severability Clause

Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision.