Terms of Service for Trackist

1. Service Provider and Contact Information

Service Provider: Softnest, ul. Ludwika Zamenhofa 2/33, 33-300 Nowy Sącz, Poland, Tax ID (NIP): 7343649264, Business ID (REGON): 540236581.

Contact us:

• Email: hello@trackist.me
• Website: https://trackist.me

2. Service Description

Trackist is a mobile application that helps you track your fitness journey and achieve your workout goals. The App provides the following features:

• Workout Plans: Create, customize, and follow personalized workout plans tailored to your goals. Share your plans with friends using custom share codes and see how many people are using your plans
• Performance Tracking: Log your workouts, track sets, reps, weights, rest times, RPE (Rate of Perceived Exertion), and training dates. Monitor your progress over time and track personal bests
• Measurements: Record and track body measurements including weight, chest, waist, hips, arms, thighs, and calves. View progress charts and track your fitness journey
• Progress Statistics: View your workout statistics, weekly goals, sharing stats, and progress overview on the dashboard
• Leaderboard: Discover the most shared workout plans and see community engagement

The App is available on iOS devices through the Apple App Store and Android devices through Google Play Store.

3. Technical Requirements

To use Trackist, you need:

• Compatible Device: iPhone/iPad running iOS 12.0 or later, or Android device running Android 8.0 or later
• Internet Connection: Active internet connection with minimum 1 Mbps bandwidth for data synchronization
• Storage: Sufficient device storage for the App and your workout data
• Apple ID or Google Account: Required for downloading the App and managing subscriptions
• Email Address: Required for account authentication and communication

4. Eligibility and Account Registration

Age Requirement: You must be at least 18 years old (or 16 in the EU with parental consent) to use Trackist.

Account Creation: You can create an account by:

• Providing your name, email address, and password, or
• Using Sign in with Apple

Account Security:

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• Notify us immediately if you suspect unauthorized access to your account
• Do not share your account with others
• One account may be used by one individual only

Account Information:

• You must provide accurate and complete information during registration
• You must keep your account information up to date
• We reserve the right to verify your identity and account information

5. Subscriptions and Payments

Subscription Service: Trackist operates on a subscription model. Full access to all features is available through a paid subscription (monthly or annual plans). A free trial period may be offered for new users.

Payment Processing:

• All subscriptions are processed through Apple's App Store (iOS) or Google Play Store (Android)
• Payment is charged to your Apple ID or Google account
• Subscription prices include applicable VAT in accordance with Polish and EU tax regulations
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• Subscription prices are displayed in the App and may vary by region

Managing Subscriptions:

• You can manage and cancel your subscription through your Apple ID account settings or Google Play account settings
• Cancellation takes effect at the end of the current billing period
• You retain access to all features until the end of the paid period

Third-Party Payment Terms:

• Apple's App Store Terms and Conditions or Google Play Terms of Service apply to all purchases
• We do not have access to your payment information
• All billing inquiries must be directed to Apple Support or Google Play Support

6. Right of Withdrawal (For EU Consumers)

EU consumers have the right to withdraw from a paid subscription within 14 days of purchase without giving a reason. This right does not apply if you have explicitly agreed to begin using the service before the withdrawal period expires and acknowledged that you will lose your right of withdrawal.

To exercise your right of withdrawal, send a clear statement to hello@trackist.me. If you withdraw from the agreement, we will refund all payments received from you without undue delay and no later than 14 days from the date we received your withdrawal notice.

Note: For subscriptions purchased through Apple App Store or Google Play Store, refund requests must be submitted directly to Apple or Google according to their refund policies.

7. User Responsibilities and Acceptable Use

You agree to:

• Use the App only for lawful purposes and in accordance with these Terms
• Provide accurate information about your workouts, measurements, and fitness data
• Comply with all applicable laws and regulations
• Respect the intellectual property rights of the App
• Use the App in good faith and in accordance with its intended purpose

You agree NOT to:

• Use the App for any illegal activities
• Upload content that is offensive, unlawful, or violates the rights of others
• Attempt to gain unauthorized access to the App or its systems
• Reverse engineer, decompile, or disassemble the App
• Use automated systems (bots) to access the App
• Upload viruses, malware, or harmful code
• Impersonate others or provide false information
• Use the App in any way that could damage, disable, or impair the service
• Violate any third-party rights

Consequences of Violation:

• We may suspend or terminate your account immediately
• We may report illegal activities to law enforcement
• You may be held liable for damages resulting from violations

8. Privacy and Data Protection

Your privacy is important to us. We process personal data in accordance with applicable laws, particularly GDPR. Please review our Privacy Policy at https://trackist.me/privacy-policy, which explains:

• What data we collect
• How we use your data
• Your privacy rights under GDPR and CCPA
• How to exercise your data protection rights

You have the right to access, correct, delete, restrict processing, and transfer your personal data. The Privacy Policy is incorporated into these Terms by reference.

9. Intellectual Property Rights

App Ownership: The App, including all content, features, functionality, and intellectual property, is owned by Softnest and protected by international copyright, trademark, and other intellectual property laws.

Your Content: You retain ownership of all data you enter into the App (workout plans, exercise logs, measurements, notes, and other user-generated content). By using the App, you grant us a limited license to:

• Store and process your content to provide the service
• Display your content back to you within the App
• Use anonymized, aggregated data for analytics and improvements

We will never:

• Sell your personal fitness data
• Share your data with third parties for marketing purposes
• Use your data for purposes other than providing and improving the service

10. Service Availability and Technical Support

Service Availability: We strive to maintain service availability at 99% per month, but we cannot guarantee uninterrupted access 24/7.

Planned Maintenance:

• We may perform scheduled maintenance with advance notice via email or in-app notifications
• We will minimize disruption during maintenance windows

Unplanned Downtime:

• The App may be unavailable due to technical issues, third-party services, internet infrastructure, or factors beyond our control
• In case of failures, we will undertake corrective actions within 48 hours
• We are not liable for temporary service interruptions

Technical Support:

• Technical support is available via email at hello@trackist.me during business hours (9:00-17:00 CET, weekdays)
• We aim to respond to support requests within 48 hours

No Warranty: The App is provided "as is" without warranties of any kind, either express or implied.

11. Complaints and Warranty

Complaints regarding the service can be submitted to hello@trackist.me. We will review complaints within 14 days of receipt. If a service defect is found, you have rights under statutory warranty, including the right to free defect removal, price reduction, or withdrawal from the agreement. Detailed complaint procedures and warranty rights are available upon request.

12. Limitation of Liability

To the Maximum Extent Permitted by Law:

General Limitation:

• We are liable for damages resulting from non-performance or improper performance of the service in accordance with Polish law
• Our liability is limited to the amount of fees paid by you for the service in the 12 months preceding the event
• We are not liable for indirect damages, lost profits, unless resulting from intentional actions
• We are not responsible for damages caused by reasons attributable to you, particularly improper use of the service

Specific Exclusions:

• We are not responsible for fitness or health decisions you make based on the App
• We are not liable for data loss due to device failure or user error
• We are not responsible for third-party services (Apple, Google, Supabase, RevenueCat)
• We are not liable for injuries resulting from workout activities

Health Disclaimer: Trackist is a fitness tracking tool, not medical advice. Always consult with a healthcare professional before starting any exercise program.

Consumer Rights: Nothing in these Terms limits your statutory rights as a consumer under applicable law.

13. Updates and Changes to the App

App Updates:

• We may release updates to improve features, fix bugs, or enhance security
• Some updates may be required to continue using the App
• Updates are distributed through the Apple App Store and Google Play Store

Feature Changes:

• We may add, modify, or remove features at any time
• We will make reasonable efforts to notify users of significant changes
• Continued use of the App after changes constitutes acceptance

14. Subscription Cancellation and Account Termination

Termination by You:

• You may cancel your subscription at any time through the App user panel or by contacting customer support
• Cancellation takes effect at the end of the current billing period
• Your data is stored for 30 days after subscription ends, then permanently deleted
• You may delete your account at any time through the App settings
• Account deletion is immediate and permanent - all your data will be deleted from our servers
• Active subscriptions must be canceled separately through Apple or Google

Termination by Us:

• We may suspend or terminate your account if you violate these Terms
• We may terminate the agreement with immediate effect in case of gross violation of these Terms by you
• We will provide notice when reasonably possible (except for serious violations)
• You will be notified by email with 7 days' notice before termination
• Upon termination, your right to use the App ceases immediately

Effect of Termination:

• You lose access to your account and data
• Terminated accounts cannot be recovered
• Outstanding subscription fees are non-refundable
• Provisions regarding intellectual property, liability, and indemnification survive termination

15. Indemnification

You agree to indemnify and hold harmless Softnest and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of applicable laws

16. Changes to Terms of Service

We may update these Terms from time to time due to changes in law, expansion of service functionality, or other important reasons. Users will be notified of planned changes via email or in-app notification at least 30 days in advance.

Material Changes:

• We will notify you at least 30 days in advance via email or in-app notification
• Lack of objection within 14 days of receiving notice means acceptance of the changes. In case of objection, the agreement may be terminated at the end of the billing period
• You may reject changes by discontinuing use and deleting your account
• Continued use after the effective date means you accept the changes

Minor Changes:

• May be posted in the App with an updated effective date
• You are responsible for reviewing the Terms periodically

17. Dispute Resolution

For EU Users:

• These Terms are governed by the laws of Poland
• Disputes will be resolved by Polish courts in accordance with civil procedure rules
• EU consumers may bring claims in their country of residence
• Consumers may use out-of-court dispute resolution through the Office of Competition and Consumer Protection (UOKiK) or the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr
• Nothing in these Terms affects your statutory consumer rights

For US Users:

• These Terms are governed by the laws of the State of California, USA
• You agree to attempt informal resolution by contacting us first
• If informal resolution fails, disputes will be resolved through binding arbitration
• Arbitration will be conducted by the American Arbitration Association (AAA)
• You waive the right to participate in class actions
• Small claims court remains available for qualifying disputes

For Other International Users:

• These Terms are governed by the laws of Poland
• Disputes will be resolved in accordance with international arbitration rules
• You agree to submit to the jurisdiction of Polish courts

18. Third-Party Services

The App integrates with third-party services:

• Apple App Store (iOS distribution and payments)
• Google Play Store (Android distribution and payments)
• Supabase (database hosting in EU - Frankfurt, Germany)
• RevenueCat (subscription management)
• Push notification services (Apple Push Notification Service and Firebase Cloud Messaging)

These services have their own terms and privacy policies. We are not responsible for third-party services or their terms.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary, and all other provisions will remain in full force and effect. The Terms will be interpreted to reflect the original intent.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Softnest regarding the App and supersede all prior agreements.

21. No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

22. Assignment

You may not assign or transfer these Terms or your account to anyone else. We may assign our rights and obligations to another company without your consent.

23. Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, or government actions.

24. Language

These Terms are provided in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

25. Final Provisions

• These Terms are governed by Polish law
• Disputes will be resolved by Polish courts in accordance with civil procedure rules (subject to consumer rights)
• Consumers may use out-of-court dispute resolution through UOKiK or the ODR platform (https://ec.europa.eu/consumers/odr)
• If any provision is invalid, the remaining provisions remain binding
• These Terms take effect from January 18, 2025