Prevail

Terms of Service

Last updated: April 4, 2026

These terms govern your use of Prevail, operated by dontsoft, at prevail.dontsoft.com. By creating an account you agree to these terms and our Privacy Policy.

1. Scope and Service Description

Prevail is a web-based fitness tracking and analysis application. It includes goal management with probability-based progress tracking, training activity logging, body measurements, training plans, pain and injury tracking, coaching recommendations, and data export.

The service is provided "as is" and does not guarantee specific fitness outcomes.

2. Account Registration

You must be at least 16 years old
Provide accurate information (name, email)
Keep your password secure
One account per person — no sharing

3. Free and Pro Tiers

Free

  • 1 active goal
  • Manual activity logging
  • Basic progress tracking
  • Body measurements
  • 30-day history
  • Data export (GDPR right)

Pro — $9/month

  • Unlimited goals and paths
  • Probability engine (10+ factors)
  • Science-backed coaching
  • Strava sync + training plans
  • Pain correlations + records
  • Unlimited history + body trends

All prices include applicable VAT. Subject to change with 30 days notice.

4. Subscription and Payment

  • Pro subscriptions are billed monthly or annually.
  • Subscriptions renew automatically at the end of each billing period.
  • Cancel anytime — takes effect at end of current period.
  • On cancellation, your account reverts to Free. Data is preserved.

5. Right of Withdrawal (Widerrufsrecht)

Widerrufsbelehrung

You have the right to withdraw from this contract within 14 days without giving any reason. To exercise this right, send an unequivocal statement (e.g. email) to the address in our Impressum.

Effects: We reimburse all payments within 14 days using the same payment method.

Digital content exception: You consent that the service begins immediately and acknowledge that you lose the right of withdrawal once the digital content has been fully provided (sec. 356(5) BGB).

Model Withdrawal Form (Muster-Widerrufsformular)

To: dontsoft (see Impressum for address)

I/We hereby withdraw from my/our contract for: Prevail Pro subscription

  • Ordered on / received on: ___
  • Name: ___
  • Address: ___
  • Signature (paper only): ___
  • Date: ___

6. Cancellation

Free

Delete your account anytime via Settings.

Pro

Cancel before renewal date. Takes effect at end of billing period. No partial refund.

Both parties retain the right to extraordinary termination for good cause (ausserordentliche Kuendigung aus wichtigem Grund).

7. Acceptable Use

You agree not to:

  • Share account credentials
  • Use automated scraping or bulk access tools
  • Reverse-engineer or extract source code
  • Upload malicious content
  • Use the service for unlawful purposes

You are responsible for data accuracy. We do not verify training data or measurements.

8. Medical Disclaimer

Prevail is not a medical device.

Probability scores, coaching recommendations, and training plans are generated by statistical algorithms. They do not replace professional medical or coaching advice. Consult a healthcare professional before starting any new exercise program.

9. Liability

Unlimited liability for:

Injury to life, body, or health caused by negligence or intent. Intentional or grossly negligent conduct (sec. 309 Nr. 7 BGB).

Limited liability for:

Slight negligence — only for breach of essential contractual obligations (Kardinalpflichten), capped at foreseeable, contract-typical damages.

No liability for:

Fitness outcomes, race results, injuries during training, or decisions based on probability scores or coaching. Product Liability Act (Produkthaftungsgesetz) remains unaffected.

10. Warranty and Updates

As a continuously provided digital service, we maintain conformity with the contract throughout your subscription (sec. 327-327u BGB), including security and functionality updates.

We aim for high availability but do not guarantee uninterrupted access.

11. Data Protection

Your data is processed per our Privacy Policy, which is an integral part of these Terms.

12. Changes to These Terms

We may modify these terms with at least 30 days notice via email. If you disagree, you may terminate before the effective date. Continued use = acceptance. Pricing changes take effect in the next billing cycle.

13. Dispute Resolution

EU Online Dispute Resolution: ec.europa.eu/consumers/odr

We are not obligated and not willing to participate in dispute resolution before a consumer arbitration board (sec. 36 VSBG).

14. Applicable Law

German law applies, excluding the UN CISG. For EU consumers, mandatory consumer protection provisions of your country of residence also apply (Art. 6(2) Rome I).

15. Severability

If any provision is invalid, the remainder stays in effect. The invalid provision is replaced by one that most closely achieves its economic purpose.