Terms of use

1. Who provides the service

The SmartWorkout and SmartWorkout Coach apps and the smartworkout.app website are provided by Arkadiusz Chrabąszczewski, running a sole proprietorship under the business name Arkadiusz Chrabaszczewski, ul. ks. Jana Twardowskiego 45/1, 81-198 Pogórze, Poland, tax ID (NIP) 5871721001, REGON 382855375, email contact@smartworkout.app. In these terms we call him "SmartWorkout" or "we".

These are the terms for providing services by electronic means. By creating an account or using the app, you accept them together with our privacy policy.

2. Definitions

• App: the SmartWorkout mobile app for iOS and Android, the watch apps and the SmartWorkout Coach app.
• Website: smartworkout.app and all its subpages.
• Account: an account in the App, signed in with Apple or Google, or a guest account.
• User: anyone who uses the App or the Website.
• Coach: a User of SmartWorkout Coach who trains other Users (Clients).
• Premium: a paid subscription that unlocks extra features.
• AI credits: units you use to pay for AI features in the App.
• Content: everything you add to the App: workouts, plans, templates, notes, photos, videos, messages and your profile.

3. What we offer

• Free: the training log, history, templates, ready-made plans, the plan builder, the exercise library, charts, records and calculators.
• Premium: among other things, progression suggestions for your next workout, volume zones and an allowance of AI credits for each month of the subscription.
• AI credits: generating plans, importing plans and workout history, and other AI features described in the App together with their price in credits.
• SmartWorkout Coach: tools for coaches to train their Clients, in subscriptions that depend on the number of Clients.

You see the current features and prices in the App before you buy. Features marked as beta or "coming soon" may work only partly or change before release.

4. Technical requirements

• An iPhone with iOS 16.4 or later, or an Android phone with Android 7.0 or later.
• An internet connection for sync, purchases and AI features. The log also works offline.
• For the Website: a current version of Chrome, Safari, Firefox or Edge with JavaScript enabled.

5. Your account

1. The App is for people aged 16 and over.
2. The Account is free and personal. Don't share it, and keep access to the Apple or Google account you sign in with: without it you can't sign in to SmartWorkout.
3. A guest account works without signing in but is tied to your device. If you delete the App before signing in, you lose your data. We delete guest accounts unused for 90 days.
4. The contract for using the App is concluded when you create an account and lasts until you delete it.

6. Health and safety

1. SmartWorkout is a tool for logging and planning training. It is not a medical device and does not give medical advice.
2. Before you start training, especially if you have a medical condition or injury, are pregnant or haven't exercised for a long time, talk to a doctor.
3. Plans, progression suggestions and AI answers are general guidance calculated from the data you enter. They can be wrong. You decide whether to follow them, and you stop an exercise if you feel pain or something worries you.

7. Payments

1. You buy Premium, AI credits and SmartWorkout Coach subscriptions in the App Store or Google Play. The store handles payment, taxes and receipts under its own terms. The price you see before buying is the final price.
2. A subscription renews automatically for another period (a month or a year) until you cancel it. You cancel it in your Apple or Google account settings, at least 24 hours before the end of the period. Deleting your Account in the App does not cancel the subscription.
3. If we offer a free trial, the subscription becomes paid when the trial ends unless you cancel it before.
4. AI credits from the Premium allowance are given for each month of the subscription and don't carry over to the next month. Credits bought in packs and welcome credits don't expire. Credits are not money: you can't exchange them for cash or transfer them to someone else.
5. Refunds are handled by Apple and Google. Your statutory consumer rights, including the right to complain, are not affected.
6. We start supplying digital content and services right after purchase. By buying, you agree to this and acknowledge that for digital content, such as AI credits, you then lose the right to withdraw from the contract within 14 days.

8. Your content

1. The Content you add stays yours. You give us a free, non-exclusive licence to store, process and display it as far as needed to run the App, for as long as it is in the App. Content you share with others yourself, such as your public profile or a shared template, is visible to those Users.
2. You may not add content that is illegal, offensive or infringes someone else's rights (for example someone else's photos without their consent), or spam.
3. You can report content that breaks the law or these terms in the App or at contact@smartworkout.app. Say where the content is and why you think it is not allowed. We review reports without undue delay and tell the person who reported it what we decided.
4. If we remove or restrict your Content or Account, we will tell you why. You can appeal by replying to that message.
5. We may use feedback and ideas you send us to develop the App without paying you.

9. Rules of use

You may not:

• try to access other people's accounts or our systems;
• disrupt the App, overload the servers or download data automatically (scraping, bots);
• create accounts to use free allowances, credits or trials more than once;
• copy and distribute videos, exercise descriptions and other materials from the App and the Website beyond what the law allows.

10. Coaches and Clients

1. The agreement to train together is between the Coach and the Client. We are not a party to it and are not responsible for advice, plans or payments between them.
2. A Coach sees a Client's data only after the Client accepts the invitation, and only to the extent described in the privacy policy. The Coach uses this data only to train the Client.
3. Either side can end the collaboration in the App at any time.

11. Availability and changes to the App

1. We work to keep the App running without interruptions, but maintenance and outages can happen, including on the side of Apple, Google and our providers.
2. We develop the App and may change its features. If a change limits a feature you paid for, we will tell you in advance, and if the change affects you significantly and negatively, you can cancel the subscription and ask for a refund for the unused period.

12. Liability

1. We are liable to you under the general rules of Polish law. These terms do not exclude or limit our liability to consumers where the law doesn't allow it, in particular for personal injury and for damage caused intentionally or through gross negligence.
2. We are not liable for the effects of following plans and suggestions contrary to section 6, for damage caused by you sharing your Account with others, or for interruptions caused by Apple, Google, network operators or force majeure.
3. To Coaches who use SmartWorkout Coach in the course of their business and are not treated as consumers, we are liable only for damage caused intentionally or through gross negligence, up to the fees paid to us in the last 12 months.

13. Complaints

1. Send complaints to contact@smartworkout.app. Describe the problem, give the email address of your Account and, if you can, attach a screenshot.
2. We will reply within 14 days.
3. If the App or a feature you bought does not work as agreed, you have the rights given by consumer law: you can ask us to bring it into conformity and, if that's not possible, ask for a price reduction or withdraw from the contract. Refunds are paid by the store you bought from.

14. Deleting your account and ending the contract

1. You can end the contract at any time by deleting your Account in the App: Settings, Profile Settings, Delete my account. Remember to cancel your subscription in the store separately.
2. We may block or delete an Account if you seriously or repeatedly break these terms after a warning. Without a warning only if the breach endangers other Users or the security of the App, or is illegal.
3. For important reasons, for example if we stop providing the service, we may end the contract with 30 days' notice. We will then refund the paid, unused part of your subscription.

15. Changes to these terms

1. We may change these terms for important reasons: changes in the law, decisions of authorities, changes to the App's features, prices or the providers we use, and the need to improve security.
2. We will tell you about changes in the App or by email at least 14 days before they take effect. If you don't agree, you can delete your Account before that date.

16. Law and disputes

1. The contract is governed by Polish law. If you are a consumer living in another country, you keep the protection given to you by the mandatory laws of your country.
2. Disputes are decided by the court competent under general rules. If you are a consumer, you can also use free help from consumer ombudsmen or out-of-court dispute resolution bodies in your country.
3. The provisions on consumers also apply to sole traders who conclude the contract not directly related to their professional activity.

17. Final provisions

These terms are available free of charge on this page, in a form you can save and print. Send questions to contact@smartworkout.app.