Terms of Service

These Terms of Service ("Terms") govern your use of the marketgenius website and services provided by marketgenius AG ("we", "our", or "us").

Last Updated: January 2026

Acceptance of Terms

By accessing or using our website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services. These Terms constitute a legally binding agreement between you and marketgenius AG.

Description of Services

marketgenius provides gym retention funnel optimization consultation services to fitness businesses. Our services include but are not limited to onboarding optimization, engagement campaigns, analytics and insights, member experience audits, and related consulting services. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time.

User Obligations

When using our services, you agree to:

• Provide accurate, current, and complete information when requested
• Maintain the security of your account credentials
• Use our services only for lawful purposes and in accordance with these Terms
• Not interfere with or disrupt the integrity or performance of our services
• Not attempt to gain unauthorised access to our systems or networks
• Comply with all applicable laws and regulations in your jurisdiction
• Respect the intellectual property rights of marketgenius and third parties

Intellectual Property

All content, materials, and intellectual property on our website and in our services, including but not limited to text, graphics, logos, images, software, methodologies, and strategies, are the exclusive property of marketgenius AG or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any of our content without our prior written consent. Any unauthorised use of our intellectual property may result in termination of services and legal action.

Service Agreements and Payment

Specific terms for our consulting services, including scope, deliverables, timelines, and payment terms, will be outlined in separate service agreements. All fees are due according to the payment terms specified in your service agreement. We reserve the right to suspend services for non-payment and to charge interest on overdue amounts as permitted by law.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

Limitation of Liability

To the maximum extent permitted by applicable law, marketgenius AG shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services. Our total liability to you for any claim arising out of or relating to these Terms or our services shall not exceed the amount you have paid us in the twelve months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

Disclaimers

Our services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, error-free, or completely secure. While we strive to provide effective retention strategies, we cannot guarantee specific results or outcomes for your business. Your use of our services is at your own risk.

Indemnification

You agree to indemnify, defend, and hold harmless marketgenius AG, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of our services or violation of these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Linz, Austria, and you hereby consent to personal jurisdiction and venue therein.

Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Modifications to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our services and supersede and replace any prior agreements we might have between us regarding our services.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or our services, we encourage you to first contact us directly to seek a resolution. If we cannot resolve the dispute through direct communication, any disputes shall be resolved through binding arbitration in accordance with the rules of the Vienna International Arbitral Centre (VIAC), with the seat of arbitration in Vienna, Austria.