Terms and Conditions

Effective Date: March 26, 2025
Last Updated: March 27, 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MUSCLECODE.IO BETA SERVICE.

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the MuscleCode.io website (musclecode.io, the "Site") and the private beta version of the MuscleCode.io learning platform (the "Service"), operated by Devostack OÜ ("MuscleCode.io," "we," "us," or "our").

By registering for, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. Our Privacy Policy details how we collect, use, and protect your personal data in compliance with applicable regulations, including the GDPR. If you do not agree to these Terms or our Privacy Policy, do not register for, access, or use the Service.

If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.

2. The Beta Service

Purpose: You are being granted access to the Service as an early adopter for the purpose of testing, evaluation, and providing feedback to help us improve the platform.

"As Is" Basis: You acknowledge and agree that the Service is provided on an "AS IS" and "AS AVAILABLE" basis. It is a beta version, currently under development, and may contain bugs, errors, and other problems. We do not guarantee that the Service will be uninterrupted, error-free, or meet your specific requirements.

Changes and Discontinuation: We reserve the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time, with or without notice, including changing features, functionalities, or access levels. We are under no obligation to provide support, maintenance, updates, or enhancements to the Beta Service.

No Guarantees: We make no promises or guarantees regarding the uptime, reliability, data integrity, or performance of the Service during this beta phase.

3. Beta Program Participation

Eligibility: You must be at least 16 years old to use the Service. By agreeing to these Terms, you represent and warrant that you meet this age requirement.

Free Access During Beta: Access to the Service during this private beta period is provided free of charge.

Feedback: As a condition of your participation, you agree to provide feedback regarding your use of the Service when reasonably requested by us (e.g., through surveys, interviews, in-app prompts) or voluntarily. You grant MuscleCode.io a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, modify, incorporate, and commercially exploit any feedback, suggestions, ideas, or reports you provide related to the Service, without any obligation or compensation to you.

Confidentiality: You acknowledge that the features, performance, and content of the Beta Service are confidential information of MuscleCode.io. You agree not to disclose this information to third parties without our prior written consent, except as required by law.

Future Access and Fees: You understand and agree that this free access is limited to the duration of the private beta program, as determined solely by MuscleCode.io. We reserve the right to introduce fees for the Service, change features available in free or paid tiers, or otherwise modify the terms of access upon the official launch or at any time thereafter, at our sole discretion and without obligation to provide continued free access.

4. Account Registration and Security

To access the Service, you must register for an account by providing accurate and complete information (e.g., name, email address). We collect your email address to provide access to the Service, communicate essential service-related information, and, as detailed in Section 7 and our Privacy Policy, to send you updates, surveys, offers, and other information related to MuscleCode.io and the beta program.

You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

5. User Conduct

You agree not to use the Service:

  • For any unlawful purpose or in violation of any applicable laws.
  • To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • To interfere with or disrupt the Service or servers or networks connected to the Service.
  • To attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
  • To reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service.
  • To transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
  • To harass, abuse, or harm another person or group.

6. Intellectual Property Rights

Our IP: The Service, the Site, and all their original content (excluding User Content), features, and functionality are and will remain the exclusive property of MuscleCode.io and its licensors. The Service is protected by copyright, trademark, and other applicable Estonian, EU, and international laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

User Content: You may be able to create, upload, or store content within the Service, such as notes, code snippets (as part of challenges or practice), flashcards, and contributions to chat interactions ("User Content"). You retain ownership of your original User Content. However, by submitting User Content to the Service, you grant MuscleCode.io a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content solely in connection with operating, providing, and improving the Service (including using anonymized or aggregated data derived from User Content for analytics and product development). This license does not grant us the right to sell or individually identify your specific User Content externally, except as necessary to provide the Service to you or as described in our Privacy Policy.

Feedback: As stated in Section 3, all feedback provided becomes licensed to MuscleCode.io.

7. Data Protection, Privacy, and GDPR Compliance

Your privacy is important to us. Our collection and use of your personal data in connection with the Service are governed by our Privacy Policy, which is incorporated herein by reference. The Privacy Policy provides detailed information on the types of data we collect, how we use it, the legal bases for processing (including consent and legitimate interests), data retention periods, how we protect your data, and your rights under applicable data protection laws, including the EU General Data Protection Regulation (GDPR).

By registering for and using the Service, you acknowledge that we will collect and process personal data, including your name, email address, usage data, and any feedback you provide. We use this data for purposes including:

  • Providing, maintaining, and operating the Beta Service.
  • Authenticating users and ensuring account security.
  • Communicating with you regarding your account, essential service updates, and support requests.
  • Analyzing usage patterns, gathering feedback (including through surveys), diagnosing technical issues, and improving the Service.
  • Sending you emails about product updates, new features, beta program developments, special offers, and other marketing or informational communications related to MuscleCode.io.

Specifically regarding email communications, by accepting these Terms, you agree that we may use your email address to send you the types of information listed above (product updates, surveys, offers, program info, etc.). You will have the ability to manage your communication preferences and opt-out of non-essential emails (like marketing or surveys) as described in our Privacy Policy or via unsubscribe links in the emails themselves. Opting out of marketing communications will not affect essential service-related emails.

Under GDPR and other applicable laws, you have certain rights concerning your personal data, such as the right to access, correct, delete, restrict processing, object to processing, and data portability. Please refer to our Privacy Policy for detailed information on these rights and how to exercise them, or contact us directly at legal@devostack.com.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MUSCLECODE.IO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MUSCLECODE.IO, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE BETA SERVICE IS LIMITED TO TEN EUROS (€10.00) OR THE MINIMUM AMOUNT PERMITTED BY LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless MuscleCode.io and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

11. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by the competent courts located in Harju County, Estonia.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide notice (e.g., via email or a notice within the Service) prior to the new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

13. Miscellaneous

Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and MuscleCode.io regarding the Beta Service.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Contact Us

If you have any questions about these Terms or our data practices, please contact us:

By email: legal@devostack.com

By mail: Sepapaja tn 6, 15551 Tallinn, Harju Maakond, Estonia