# Terms of Service (Terms and Conditions)
Last Updated: June 21, 2026
Please read these Terms of Service („Terms“) carefully before using the **Motivoice** mobile application (the „App“) and the **SportKommando** website (www.sportkommando.com, the „Website“) (collectively, the „Service“), operated by **Marvin Dietrich** („Us“, „We“, or „Our“).
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## 1. Acceptance of Terms & Eligibility
By installing, registering, accessing, or using any part of the Service, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree to these Terms, you are prohibited from using the Service and must uninstall the App and cease accessing the Website immediately.
### Eligibility and Age Restrictions:
* **General Use:** You must be at least **13 years old** to create an account and use the standard coaching features of Motivoice. If you are under 13, you may not use the Service under any circumstances.
* **Explicit Mode (18+):** Certain AI coaching mentors (e.g., Sergeant Moggins in unfiltered/raw settings) use strong, explicit, or offensive language. To unlock, access, or utilize these explicit settings, you must be at least **18 years old**. By activating these features, you represent and warrant that you are of legal age.
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## 2. AI Coaching, Mentorship & Medical/Psychological Disclaimers
### AI-Generated Content Notice:
* > [!IMPORTANT]
> **Motivoice is AI-generated and can make mistakes. This is not a therapeutic recommendation and is solely for self-help and entertainment.**
>
> All training plans, motivational monologues, metabolic coaching, dialogue responses, and psychological profiling assessments are generated dynamically by artificial intelligence algorithms.
* **Fictional Mentors:** The AI personalities available in the App (such as Sergeant Moggins, Sensei Wu, Madison, Mighty Marv, Lovy) are entirely digital constructs. Their conversations, tips, and guidelines do not reflect professional medical, mental health, clinical, or therapeutic advice.
* **Risk of Inaccuracies („Hallucinations“):** You acknowledge that generative AI can hallucinate, present incorrect claims, or make inappropriate statements. You must cross-reference all fitness and health recommendations with qualified professionals.
* **Physical Activity Waiver:** Fitness activities, weight training, marathon conditioning, and metabolic goals involve inherent physical risks. You represent that you are physically fit and have obtained necessary medical clearance before acting on any schedules, tasks, or challenges generated by the App. You assume all responsibility and liability for physical injuries, health deterioration, or psychological distress resulting from your use of the Service.
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## 3. Subscriptions, Trials, Payments & Billing
### Subscriptions (Motivoice PRO):
* Access to advanced voice modes, unlimited daily plan generations, and premium mentors requires an active subscription (such as Motivoice PRO). Subscription rates, packages, and billing terms are clearly stated during checkout in the App.
* **Auto-Renewal:** Subscriptions automatically renew at the end of each billing period (e.g., monthly or annually) at the then-current price. The renewal payment will be charged to your designated payment account unless you turn off auto-renewal at least 24 hours before the end of the current period.
### Trial Periods:
* We may offer free trial periods (e.g., 3-day or 7-day trials) to new users.
* Unless cancelled via your platform settings (Apple App Store or Google Play Store) at least 24 hours before the trial ends, the trial will automatically convert into a paid subscription, and the recurring subscription fee will be charged to your linked payment method.
### Third-Party Billing:
* All transactions, payment processing, and subscription updates are handled exclusively by Apple App Store, Google Play Store, and billing infrastructure providers (specifically RevenueCat). We do not store, process, or view your credit card or billing credentials. Refund requests must be directed to Apple or Google, subject to their respective terms.
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## 4. VoiceCoins Virtual Currency & Waiver of Right of Withdrawal
### VoiceCoins System:
* „VoiceCoins“ are a form of virtual utility tokens within Motivoice that grant you a limited, non-transferable, revocable license to access specific audio-based, interactive voice-coaching sessions.
* VoiceCoins are not real currency, have no financial value, do not accrue interest, and cannot be traded, sold, exchanged, or redeemed for cash, credit, or physical assets.
* **Weekly Free Coins:** We provide 600 free weekly VoiceCoins (equivalent to 1 hour of voice mode) to help users establish habits. These free coins operate on a strict **“use-it-or-lose-it“** basis. They expire at the end of each weekly cycle and do not accumulate or roll over.
* **Purchased Coin Packs:** VoiceCoins purchased in individual bundles do not expire as long as your account remains active.
### Waiver of EU Right of Withdrawal:
* Under European Union consumer protection laws, consumers have a statutory right to withdraw from digital purchases within 14 days.
* By purchasing VoiceCoins or subscriptions for immediate delivery, you explicitly acknowledge, agree, and request that the performance of the contract begins immediately. As a result, you agree that your legal **right of withdrawal expires** once the digital content is credited to your user account balance.
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## 5. User-Generated Content & Mind-Vault Licensing
### Content Ownership:
* You retain ownership of the direct input data you enter, speak, or upload into the App (including Mind-Vault items, goals, fears, motivational anchors, squad messages, and user profile details).
* By uploading or speaking data into the App, you grant Us a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, copy, modify, and transmit this data for the purpose of running the AI coaching systems, translating audio transcripts, synchronizing your Mind-Vault across devices, and maintaining your profile databases.
### Third-Party AI Processing:
* To enable real-time voice recognition and AI reasoning, your audio inputs, goals, and training contexts are transmitted to and processed by secure, third-party AI infrastructure providers (such as Google Cloud/Firebase, OpenAI, Anthropic, or Groq).
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## 6. Digital Millennium Copyright Act (DMCA) Takedown Policy & Safe Harbor
We respect intellectual property rights. Under United States copyright law, willful infringement of copyrighted works can result in severe statutory damages of up to **$150,000 per infringed work**. To protect our platform and users, we maintain a strict takedown policy. If you believe that any content stored or transmitted through our Service infringes upon your copyright, you may submit a Takedown Notice to our Designated Agent.
### Designated Agent Information:
* **Name:** Marvin Dietrich
* **Address:** Gertrud-Bollenrath-Weg 1, 50765 Cologne, Germany
* **Email:** support@maleebu.com (Subject Line: „DMCA Takedown Notice“)
### Elements of a Valid Takedown Notice:
To be effective under the DMCA, your notice must be in writing and include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works are involved).
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including specific URLs or screenshot descriptions sufficient to help us locate the material.
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a valid takedown notice, we will remove or disable access to the infringing material and notify the user who uploaded it, in compliance with DMCA safe harbor requirements.
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## 7. User Code of Conduct & House Rules (Hausrecht)
We reserve the absolute right of the house (**Hausrecht**). We may terminate or suspend your account, revoke your license to use the App, and delete your databases immediately, without prior notice or refund, for any behavior that violates these guidelines.
### Strictly Prohibited Actions:
* Uploading or storing any copyrighted material that you do not own or have written permission to distribute.
* Storing or transmitting illegal, threatening, defamatory, hateful, or abusive content.
* Scraping, mining, extracting, or decompiling the App’s source code, character prompts, database schemas, or system logic.
* Engaging in reverse engineering, competitive analysis, or automated stress-testing of our AI API pathways.
* Attempting to bypass safety filters or manipulate AI systems into generating harmful content.
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## 8. Binding Arbitration Agreement & Class Action Waiver
**PLEASE READ THIS SECTION CAREFULLY. IT LIMITS YOUR RIGHT TO RESOLVE DISPUTES IN COURT AND PREVENTS CLASS ACTION LAWSUITS.**
### Scope of Agreement & ICC Arbitration Clause:
* If you reside outside the European Union (specifically including residents of the United States), you and We agree that any dispute, claim, or controversy arising out of or relating to these Terms, their breach, termination, enforcement, interpretation, or the use of the Service (collectively, „Disputes“) will be resolved **exclusively through binding, individual arbitration**, rather than in a court of law.
* **Specifically, all disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with the said Rules.** The arbitration proceedings shall be conducted in English.
### Class Action Waiver:
* **YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.** This protects both parties from the massive liabilities associated with class action trials. The arbitrator may not consolidate more than one person’s claims unless both parties agree in writing.
### 30-Day Opt-Out Right:
* You have the right to opt-out of this binding arbitration agreement. To do so, you must send written notification of your decision to opt-out to **support@maleebu.com** within **30 days** of your first download of the App or access to the Website. Your notice must include your name, account email, and an explicit statement that you wish to opt-out of the arbitration clause.
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## 9. Governing Law & Dispute Resolution for EU/EEA Consumers
* **Governing Law:** For consumers and entities residing within the European Union, these Terms, your use of the Service, and any disputes arising therefrom shall be governed by the laws of the **Federal Republic of Germany**, excluding its conflicts of law provisions.
* **Exclusive Jurisdiction:** You and We agree that the exclusive place of jurisdiction for all legal disputes arising out of these Terms or the use of the Service shall be **Cologne (Köln), Germany**.
* **Online Dispute Resolution (ODR):** The European Commission provides an Online Dispute Resolution platform for EU consumers, accessible at: https://ec.europa.eu/consumers/odr. We are neither legally required nor willing to participate in dispute resolution procedures before consumer arbitration boards.
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## 10. Limitation of Liability & User Indemnity
* **No Liability for Fitness/Health Incidents:** To the maximum extent permitted by law, Marvin Dietrich, SportKommando, and Motivoice shall not be liable for any physical injuries, cardiovascular issues, psychological distress, burnout, or health complications resulting from your reliance on the AI coach’s task schedules or routines.
* **Liability Cap:** In no event shall our total aggregate liability for all claims arising out of or related to the Service exceed the total amount of fees paid by you to Us during the twelve (12) months preceding the event giving rise to the claim.
* **Indemnification for Uploaded Data:** As stated in Section 4, you agree to fully indemnify, defend, and hold Us harmless against any losses, legal fees, damages, or claims resulting from copyrighted or prohibited files you store or transmit through our databases.
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## 11. Intellectual Property Rights
The App’s structure, user interfaces, animations, character designs (including the „Mr. Hype“ animation systems), voice-synthesis models, graphic layouts, raw databases, source code, and custom-written prompt instructions for our AI personalities (Sensei Wu, Sergeant Moggins, Madison, Mighty Marv, Lovy) are the exclusive intellectual property of Marvin Dietrich. The brand names „**SportKommando**“ and „**Motivoice**„, and trademark concepts like „**Neural Link**„, „**Mind-Vault**„, and „**Neural Streak**“ are protected by copyright and trademark laws. You are granted a limited, personal, non-transferable license to use these assets solely for your individual, non-commercial use within the App.
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## 12. Miscellaneous & Contact
* **Severability:** If any provision of these Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
* **Changes to Terms:** We reserve the right to modify or replace these Terms at any time. We will notify you of significant changes via in-app banner notifications or email. Continuing to use the Service after changes take effect constitutes your acceptance of the updated Terms.
For questions, inquiries, or notices under these Terms, contact us at:
**Email:** support@maleebu.com