Terms of Use

1. Definitions

Administrator and Owner Arkadiusz Chrabąszczewski Consulting

Personal data (or data) Any information that identifies or identifies a natural person, directly, indirectly or in connection with other information - including a personal identification number.

User a person with full legal capacity, registered on the Website

Service website at: smartworkout.app with all subpages

Application software distributed by or with the consent of the Administrator, running on Mobile Devices, enabling access to the Website as well as training resources and functionalities

2. General provisions

Please read these Terms carefully before using any of our services.

Your access to and use of the Service is conditional upon your acceptance and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you don't agree with any part of the terms, you may not access the Service.

The owner and administrator of the SmartWorkout Website is a natural person Arkadiusz Chrabąszczewski.

3. Terms of Use of the Website and Application

In order to properly use the Website or the Application, it is required to:
1. connected to the Internet
2. web browser: Chrome, Firefox or Opera, Safari or Edge
3. handling cookies in the browser
4. JavaScript service enabled
5. iOS (version 10.0 or later) or Android (version 5.15 or later) installed when using Services using a Mobile Device
The Website or Application may also run on web browsers not listed above, however, the Administrator does not support them and does not guarantee that the Website or Application will function as intended and without errors.
The use of the Service is at your own risk. The service is provided 'as is' and, as available, for the purposes for which it is intended. The service is provided without warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or performance.
By using SmartWorkout services, you acknowledge and understand that:
1. the service will run continuously
2. will be available anytime or anywhere
3. the website is free of viruses or other harmful elements
4. any bugs or bugs will be corrected
5. the results of using the Service will meet your requirements
You agree that any physical activity performed or tracked using SmartWorkout carries the inherent risk of injury or death, and you assume all known and unknown risks associated with any physical activity, even if it is caused in whole or in part by action, inactivity or neglect of SmartWorkout or other websites, including other users.
SmartWorkout is not responsible for any damages, direct or indirect, related to or resulting from any use of the services, including personal injury or death.
We may close or suspend your account immediately, without prior notice or liability, for any reason, including without limitation in the event of a breach of the Terms.
Upon termination, your right to use the Service will terminate immediately. If you wish to close your account, you can simply stop using the Service or contact us.

4. User Content

SmartWorkout allows you to publish, combine, store or otherwise share certain information, training templates, training results, text, graphics, videos or other materials ("Content"). You are responsible for the Content that you post on the Service, including its legality, reliability and relevance.

By posting Content on the Service, you grant us the right and license to use, modify, perform, display, reproduce and distribute such Content on and through the Service. You retain all of your rights to any Content that you upload, post, or display on or through the Service, and you are responsible for protecting those rights.

You consent and warrant that:

your content is yours, you have the right to use it and grant us rights and licenses in accordance with these Terms.
publishing the Content on or through the Website does not infringe the rights to privacy, advertising rights, copyrights, contractual rights or any other rights of any person.

5. Registration

The participation of each User in the Service is voluntary.
Registration on the Service is free and voluntary.
The registration procedure takes place via the form in the Application on a Mobile Device
By registering, the user confirms that he accepts the Regulations and the Privacy Policy.

6. Referral Program

The Service may include a referral program that allows you to receive a free premium account for 14 days by referring friends to become new users of the Application ('Referral Program'). The Referral Program requires an existing verified Account. SmartWorkout can provide you with a non-standard referral code ('Referral Code') to track referrals.

For every 5 Eligible Referrals, SmartWorkout recognizes a reward as described on the Referral Program page. SmartWorkout automatically credits the reward to your Account. If you have previously enabled Pro Features in your Account, SmartWorkout may, in its sole discretion, change the terms of any existing subscriptions associated with your Account.

SmartWorkout reserves the right to take any and all corrective measures, including cancellation of the Reward and termination of Accounts, in the event of suspected fraud, manipulation, technical errors, or violation of the User Terms in its sole discretion.

SmartWorkout may suspend or terminate the Referral Program or your ability to participate in the Referral Program at any time, in its sole discretion. SmartWorkout may cancel your accrued Invitations at any time without any compensation due to you from SmartWorkout. Invitations may only be applied to the Subscription Fee or as otherwise determined by SmartWorkout and are non-transferable and have no monetary value.

Your participation in the Referral Program is entirely voluntary and does not imply any partnership, agency, representation, sponsorship or endorsement between you and SmartWorkout.

7. Deletion of the account

We may delete your account, to which you consent, in the event that, despite the reminder or even blocking the account, you still grossly violate the Terms and Conditions of Use of the application's services, Deleting the account causes the irretrievable loss of all information collected about you. The deletion of the account in the SmartWorkout service constitutes the user's termination of the contract for the provision of SmartWorkout services with immediate effect.

8. Availability

The Website and content may not be available in all territories and jurisdictions, and we may restrict or prohibit the use of all or a portion of the Website and content in certain territories and jurisdictions.

9. Subscription

SmartWorkout has a subscription service that unlocks additional application functionalities.

SmartWorkout users can choose between a monthly or annual subscription. Whilst every effort is made to ensure the continuity of the service, we cannot make any guarantees regarding future access to the service.

Payment will be charged from the iTunes App Store or Google Play after your purchase is confirmed. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. The account will be charged for the renewal within 24-hours prior to the end of the current period at original cost. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

10. Compensation by users

The user shall indemnify SmartWorkout from liability for any claims made by third parties as a result of violation of their rights by the user in relation to the content uploaded to the SmartWorkout platform by such user or as a result of any other use of the available applications by such user. You bear the costs of any legal proceedings SmartWorkout may be involved in in connection with such claims, including any court costs and attorney's fees to the extent permitted by law, unless you were not responsible for such a breach. If a claim is made by a third party, the user will promptly, truthfully and fully provide SmartWorkout with all information available to him that may be necessary to verify and defend such claim. Any additional claims for damages that SmartWorkout may be entitled to bring against you remain unaffected.

11. Barter Collaboration and Material Rights

As part of the SmartWorkout Coach Beta program, any ideas, suggestions, feedback, or other materials provided by users (including, but not limited to, user-generated content) are considered to be voluntarily and freely provided. Users do not claim copyright or other intellectual property rights to such materials, and SmartWorkout reserves the right to use them in any manner, including modification, distribution, and implementation in the SmartWorkout Coach app, without further notification or compensation to the users.

Collaboration in the SmartWorkout Coach Beta program is considered a barter collaboration. Participants receive free access to the app, the opportunity to influence its development, and potential discounts on future versions of the app. In return, SmartWorkout receives valuable feedback, suggestions, and support in testing the app. This is an exchange of value without direct financial compensation.

12. Final Provisions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time, so please check our terms and conditions from time to time. If a change is material we will endeavor 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. In matters not covered by the Terms and Conditions of Using SmartWorkout Services, the provisions of Polish law shall apply.

Any disputes arising in connection with the user's use of SmartWorkout services will be resolved, if necessary, by a materially competent Polish common court, in accordance with the provisions of Polish law and in Polish.

If, as a result of the complaint procedure, the dispute is not resolved, the Administrator will provide the User with a declaration of consent or disagreement to participate in the out-of-court resolution of consumer disputes via e-mail.

By continuing to access or use our Service after these changes become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Last modified: August 30, 2024r