Terms of use

1. Service provider and contact information

Service Provider: Adrian Szabłowski, 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. What Trackist does

Trackist is an iPhone app that works as an AI personal trainer and workout tracker. It provides:

• AI training plans: after 14 intake questions, the AI coach writes a training block of 4 to 12 weeks with every exercise, set, rep target and rest time chosen. The plan does not prescribe weights
• Load suggestions: from your second session, each exercise shows a suggested load worked out from your last session with fixed rules. It is a suggestion. You choose and log what you actually lift
• Coach adjustments (Pro): after repeated reports that sessions are too hard or too easy, the coach rewrites a day or rebuilds the rest of the block. When an exercise hurts, the coach picks a replacement, and on the free tier a replacement comes from the exercise library
• Plan editor: reorder, swap, add or remove exercises and change sets, reps and rest
• Workout logging: weight, reps or seconds, and RPE (1 to 10) for each set, notes on each exercise, a rest countdown that runs as a Live Activity, and personal records
• Progress: day summaries, weekly and block recaps, the Strength Score, Strength Age and Momentum
• Body tracking: body weight against a goal and up to 9 measurement sites
• Reminders: optional notifications scheduled on your phone
• Apple Health: optionally read steps, body weight and workouts, and write the body weight you log. Apple's own terms apply, and you can turn access off in iOS Settings at any time
• Share cards: images of your progress that you can share or save

The App is available in English and Polish, on the Apple App Store for iPhone. An Android version is being built and is not available yet.

3. What you need

• An iPhone running iOS 16.4 or later. There is no iPad, Apple Watch or Android app
• An internet connection to sign in and to use the App, including logging your workouts
• An Apple Account to download the App and to buy or manage a subscription
• An Apple or Google account to sign in

4. Who can use Trackist and your account

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

Creating an account: you answer the intake questions first, then sign in with Apple or with Google. There is no email and password sign-in.

Keeping your account safe:

• you are responsible for the security of the Apple or Google account you sign in with
• you are responsible for everything done in your account
• tell us straight away if you think someone else has used your account
• one account is for one person only

Your information: give accurate answers and keep them up to date, because the coach builds your plan from them.

5. Subscriptions and payments

Free tier: Trackist is free to use for as long as you like. The free tier includes one plan with the first week of every block, the plan editor, logging, exercise swaps, restarts, measurements, the Strength Score, Strength Age, Momentum, the day summary, the block recap and the numbers in the weekly recap.

Trackist Pro: an optional subscription that adds every week of every block, a new plan after each block, the coach's adjustments and pain swaps, the weekly recap in the coach's words, the coach memory, and what moves your Strength Score. In the United States it costs USD 9.99 a month or USD 49.99 a year. The price in your country is shown in the App before you buy.

Free trial: if you are eligible, Pro starts with 7 days free. Unless you cancel at least 24 hours before the trial ends, it becomes a paid subscription at the price shown in the App.

Payment:

• Apple processes all payments through the App Store and charges your Apple Account
• prices include VAT where it applies, including under Polish and EU tax rules
• subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period
• Apple charges the renewal within 24 hours before the end of the current period

Managing and cancelling:

• manage or cancel in iPhone Settings, under your name, then Subscriptions
• cancellation takes effect at the end of the current billing period, and Pro stays on until then
• when Pro ends, your account and data stay and you go back to the free tier

Apple's terms: Apple's Media Services Terms and Conditions apply to every purchase. We do not see your payment details, and billing questions go to Apple 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. We will confirm by email that we have received it.

Refunds: Apple takes the payment, so refunds, including a refund after you withdraw, are requested from Apple and made by Apple. Ask for one at reportaproblem.apple.com. We do not receive your payment and cannot make the refund ourselves. If you write to us, we will support your request, including by confirming your withdrawal.

7. Your 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
• Attempt to gain unauthorized access to the App, other users' accounts, or our systems
• Reverse engineer, decompile, or disassemble the App
• Use automated systems (bots) to access the App, or abuse the AI features with excessive or automated requests
• 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 your account or terminate the agreement, as section 14 sets out
• 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

App Ownership: the App itself — its code, brand, design, and features — is owned by Adrian Szabłowski and protected by international copyright, trademark, and other intellectual property laws.

Your Content: you retain ownership of everything you create or enter in the App (workout plans, exercise logs, measurements, and notes). By using Trackist, you grant us a non-exclusive, worldwide, royalty-free license to:

• Store and process your content to provide the service
• Display your content back to you within the App
• When you use the AI features, send the relevant content (your intake answers, training history, reports and check-ins) to our AI provider (Anthropic) to write or adjust your plans, pick replacement exercises and write your weekly recap
• Use usage analytics, as described in the Privacy Policy, to fix and improve the App

We will never:

• Sell your personal fitness data
• Share your individual workouts or measurements with other users
• 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 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. This does not limit your rights under section 11 or any other consumer right the law does not allow us to exclude.

11. Complaints and conformity with the contract

Complaints regarding the service can be submitted to hello@trackist.me. We will review complaints within 14 days of receipt. If the App or Trackist Pro, as digital content or a digital service, is not in conformity with the contract, you can ask us to bring it into conformity. In the cases the law sets out, you can instead ask for a price reduction or withdraw from the contract. For consumers in Poland, these rights are set out in Chapter 5b of the Consumer Rights Act of 30 May 2014 (ustawa o prawach konsumenta). Detailed complaint procedures 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, Anthropic, Amplitude)
• We are not liable for injuries resulting from workout activities

AI and load suggestions: the coach's plans, day rewrites, block rebuilds, exercise swaps and weekly recaps come from a third-party AI model (Anthropic) and are produced automatically. Load suggestions are worked out from your last session by fixed rules. Both are general fitness guidance only. They can be wrong or unsuitable for you, they are not a substitute for professional coaching or medical advice, and you decide whether an exercise or load is safe for you.

Health Disclaimer: Trackist is a fitness tracking tool, not medical advice. Always consult with a healthcare professional before starting any exercise program, and stop an exercise that causes pain. Steps, weight and workouts read from Apple Health come from your devices and may be incomplete or inaccurate. They are for information only and are not medical-grade.

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 smaller fixes can arrive inside the App through Expo's update service

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. Cancelling, deleting your account and termination

Termination by You:

• You may cancel your subscription at any time in iPhone Settings, under your name, then Subscriptions
• Cancellation takes effect at the end of the current billing period
• When your subscription ends, your account and data stay and you continue on the free tier
• You may delete your account at any time in the App: More, then Profile, then Delete account. If you no longer have the App, use the account deletion page on our website
• Deletion in the App is immediate and permanent. Your account, plans, logs, measurements and everything else linked to it are deleted from our servers. Feedback messages you sent are kept without the link to your account, as the Privacy Policy explains
• Deleting your account does not cancel a subscription. Cancel it separately with Apple

Termination by Us:

• We may suspend your account straight away, or terminate the agreement with immediate effect, only for a serious breach of these Terms. A serious breach is using the App for illegal activities, attempting to gain unauthorized access to the App, other users' accounts or our systems, uploading viruses, malware or harmful code, using bots or excessive or automated requests against the App or its AI features, or using the App in a way that damages, disables or impairs the service
• For any other breach of these Terms, we may terminate the agreement after giving you 7 days' notice by email
• When the termination takes effect, your right to use the App ends

Effect of Termination:

• You lose access to your account and data
• Terminated accounts cannot be recovered
• Termination, like deleting your account, does not cancel an App Store subscription. Cancel it with Apple
• We do not refund fees already paid for the current billing period. This does not affect your statutory rights or your right to ask Apple for a refund
• Provisions regarding intellectual property, liability, and indemnification survive termination

15. Indemnification

You agree to indemnify and hold harmless Adrian Szabłowski and any affiliates, 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 these Terms

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 ways of settling a complaint or dispute. In Poland these include help from a municipal or district consumer ombudsman (miejski or powiatowy rzecznik konsumentów) and the permanent consumer arbitration courts at the Provincial Inspectorates of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej). An arbitration court hears a case only if both parties agree to it. For a cross-border dispute within the EU, consumers can contact the European Consumer Centre in their country (ECC-Net). The Office of Competition and Consumer Protection (UOKiK) publishes information about these procedures at uokik.gov.pl
• 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 by the Polish common court with jurisdiction over the Service Provider's place of business
• If you are a consumer, this does not deprive you of the protection of the mandatory consumer law of your country of residence

18. Third-party services

The App integrates with third-party services:

• Apple (App Store distribution and payments, Sign in with Apple and Apple Health)
• Google (Sign in with Google)
• Supabase (sign-in, database and server functions, hosted in the United States)
• RevenueCat (subscription management)
• Anthropic (AI plan generation, adjustments, exercise swaps, and weekly recaps; processed in the United States)
• Amplitude (pseudonymous product analytics on EU servers)
• Expo (in-app updates)

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 Adrian Szabłowski 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 and Polish, and both versions are equally binding. If they differ, the Polish version prevails for consumers resident in Poland, and the English version prevails for everyone else.

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 the out-of-court procedures described in section 17
• If any provision is invalid, the remaining provisions remain binding
• These Terms take effect from 27 September 2026