Terms of Service

Welcome to Smart Gym Pal! These Terms of Service ("Terms") govern your access to and use of the Smart Gym Pal mobile application, website, and related services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using Smart Gym Pal, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By creating an account, downloading our app, or using any of our Services, you confirm that:

• You are at least 13 years old (or 16 in the European Economic Area)
• You have the legal capacity to enter into this binding agreement
• You will comply with these Terms and all applicable laws
• All information you provide is accurate and truthful

2. Description of Services

Smart Gym Pal provides an AI-powered fitness and nutrition platform that includes:

• Personalized workout plan generation using artificial intelligence
• Custom meal planning and nutrition recommendations
• Fitness progress tracking and analytics
• Exercise demonstrations and guidance
• Goal setting and achievement monitoring
• Community features and social interactions (if applicable)

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.

3. User Accounts

3.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized access or security breaches
• Accept responsibility for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms or any applicable laws
• You engage in fraudulent, abusive, or harmful behavior
• Your account has been inactive for an extended period
• We determine, in our sole discretion, that termination is necessary

You may delete your account at any time through the app settings or by contacting support.

4. Subscription Plans and Payments

4.1 Pricing

Smart Gym Pal offers the following subscription tiers:

• Free Plan: Basic features at no cost
• Basic Plan: $4.99/month - Enhanced features and AI-generated plans
• Premium Plan: $9.99/month - Advanced features, unlimited plans, and priority support
• Elite Plan: $19.99/month - All features, personalized coaching, and exclusive content

Prices are subject to change. We will provide advance notice of any price increases for existing subscribers.

4.2 Billing and Automatic Renewal

• Subscriptions automatically renew at the end of each billing period unless cancelled
• You will be charged through your chosen payment method (App Store, Google Play, or direct payment)
• Billing occurs at the beginning of each subscription period
• Failed payments may result in service suspension or account termination

4.3 Cancellation Policy

• You may cancel your subscription at any time through your account settings or app store
• Cancellation takes effect at the end of the current billing period
• You will retain access to paid features until the end of your billing period
• No refunds are provided for partial billing periods
• For app store purchases, cancellation must be done through the respective app store

4.4 Refund Policy

Refunds are generally not provided except:

• As required by applicable law
• In cases of billing errors or unauthorized charges
• At our sole discretion for exceptional circumstances

To request a refund, contact us at support@smartgympal.com within 7 days of the charge.

4.5 Free Trials

We may offer free trials for paid plans. Unless you cancel before the trial ends, you will be automatically charged for the subscription. Trial eligibility is limited to new users and may be subject to verification.

5. Acceptable Use Policy

You agree NOT to:

• Use the Services for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Impersonate others or provide false information
• Harass, abuse, threaten, or harm others
• Upload viruses, malware, or malicious code
• Attempt to gain unauthorized access to our systems or user accounts
• Scrape, copy, or reverse engineer any part of our Services
• Use automated systems (bots, scripts) without authorization
• Resell, redistribute, or commercialize our Services without permission
• Interfere with the normal operation of the Services
• Share your account credentials with others

6. Health and Medical Disclaimers

You acknowledge and agree that:

• Not Medical Advice: The Services provide fitness and nutrition information for general educational purposes only. They are not medical advice and should not be treated as such.
• AI Limitations: Our AI-generated workout and meal plans are based on algorithms and may not be suitable for everyone. AI has limitations and may produce inaccurate or incomplete recommendations.
• Consult Healthcare Professionals: Before starting any new fitness program, diet, or making health-related decisions, consult with qualified healthcare professionals, especially if you have pre-existing medical conditions, injuries, or health concerns.
• Personal Responsibility: You assume full responsibility for your health and fitness decisions. You should use your own judgment and proceed at your own risk.
• No Guarantees: We make no guarantees about specific fitness results, weight loss, muscle gain, or health outcomes.
• Listen to Your Body: Stop any exercise immediately if you experience pain, dizziness, or discomfort, and seek medical attention if necessary.
• Medical Conditions: If you have cardiovascular disease, diabetes, asthma, joint problems, or any other medical condition, obtain medical clearance before using our Services.

7. Intellectual Property Rights

7.1 Our Property

All content, features, and functionality of Smart Gym Pal, including but not limited to:

• Text, graphics, logos, images, videos, and software
• AI algorithms and models
• Workout plans, meal plans, and exercise demonstrations
• User interface, design, and compilation

are owned by Smart Gym Pal or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works without our written permission.

7.2 User Content

You retain ownership of content you submit (photos, comments, feedback). By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content in connection with operating and improving our Services.

You represent that you own or have the necessary rights to any content you submit and that it does not violate third-party rights or applicable laws.

7.3 Trademarks

"Smart Gym Pal" and our logo are trademarks of Smart Gym Pal. You may not use our trademarks without prior written consent.

8. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.

Key points:

• We collect personal, health, and fitness data to provide our Services
• We use AI (including OpenAI's API) to generate personalized plans
• Your data is stored securely using industry-standard practices
• We do not sell your personal information
• You have rights to access, correct, and delete your data

9. Third-Party Services and Links

Our Services may contain links to third-party websites, services, or integrations (e.g., social media, payment processors, fitness devices). These third parties have their own terms and privacy policies. We are not responsible for:

• The content, accuracy, or practices of third-party services
• Any damages or losses arising from your use of third-party services
• The availability or reliability of third-party integrations

Your interactions with third parties are solely between you and them.

10. Disclaimers and Limitation of Liability

10.1 Service Provided "As Is"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Services will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or quality of content or recommendations
• Warranties that defects will be corrected

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART GYM PAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury, illness, or death resulting from use of the Services
• Any damages arising from your reliance on AI-generated recommendations
• Unauthorized access to or alteration of your data
• Errors, mistakes, or inaccuracies in content
• Third-party conduct or content

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow limitations on warranties or liability, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Smart Gym Pal, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of third parties
• Your content or conduct
• Your health or fitness activities based on our Services

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim, you agree to contact us at support@smartgympal.com and attempt to resolve the dispute informally for at least 30 days.

12.2 Arbitration Agreement

If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify. The arbitration will be conducted by a neutral arbitrator in accordance with applicable arbitration rules.

You waive your right to a jury trial and to participate in class actions or class arbitrations.

12.3 Exceptions

Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Smart Gym Pal is registered, without regard to conflict of law principles. Any legal action must be brought in the courts of that jurisdiction.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms with a new "Last Updated" date
• Sending email notifications to registered users
• Displaying in-app notifications

Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services and may cancel your subscription.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Smart Gym Pal regarding the Services and supersede all prior agreements and understandings.

17. Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms at any time without notice, including in connection with a merger, acquisition, or sale of assets.

18. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative.

19. Contact Information

If you have questions, concerns, or requests regarding these Terms, please contact us:

Thank you for choosing Smart Gym Pal. We're committed to helping you achieve your fitness goals!