Start tracking your workouts with Smart Workout Diary

1. Operator and Services

The Services are operated by Volodymyr Holub under the name Smart Workout Diary from Germany.

The Services help users record workouts by voice or text, review workout history and statistics, receive AI-generated workout guidance and training plans, communicate with a selected trainer where that feature is available, synchronize supported data with Apple Health or Google Health Connect, and use related integrations.

Some features may not be available on every device, platform, subscription plan, or in every country. The description presented in the App at the time you use or purchase a feature is the current description of that feature.

2. Eligibility, Acceptance, and Changes

You must be at least 13 years old to use the Services. If you are a minor where you live, you may use the Services only with the permission and supervision of a parent or legal guardian. Where applicable law requires parental authorization for the processing of a minor's personal data, that authorization must be obtained before the relevant processing begins.

We may update these Terms to reflect changes to the Services, law, security practices, or our business. We will post the updated Terms and change the "Last updated" date. For material changes, we will provide reasonable advance notice through the Services or by email where required or reasonably practicable. If applicable law requires your express consent, the change will not apply to you until that consent is obtained.

3. Accounts and User Content

You must provide accurate account information and keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for activity performed through your account. Notify us promptly if you believe your account has been accessed without authorization.

You retain ownership of the workout records, messages, feedback, and other content you submit to the Services ("User Content"). You grant us a non-exclusive, worldwide, royalty-free license to host, reproduce, process, transmit, and display User Content only as necessary to operate, secure, support, and improve the Services and to comply with law. This license ends when the relevant User Content is deleted from our systems, except where retention is required by law or reasonably necessary for security, backups, or dispute resolution.

User Content is not public by default. Messages may be visible to the trainer you select, to service personnel who need access for support, security, or administration, and to processors used to provide the Services, as described in our Privacy Policy.

You must have the rights necessary to submit User Content, and your User Content must not violate law or the rights of another person. Product feedback and suggestions may be used by us without payment or an obligation to implement them, but you retain ownership of any pre-existing intellectual property contained in that feedback.

4. Artificial Intelligence Features

The Services use third-party artificial intelligence providers, including OpenAI, to interpret workout entries and generate responses, recommendations, training plans, and related content. To provide these features, your prompts, relevant message history, workout information, and other context needed for the request may be sent to an AI provider for processing.

Do not include information in an AI prompt that is unnecessary for your fitness request. AI inputs may contain personal information if you choose to provide it. Personal data used for AI features is handled in accordance with our Privacy Policy, applicable law, and any disclosure or consent presented for the relevant feature.

AI output is generated automatically and may be inaccurate, incomplete, outdated, or inappropriate for your circumstances. Review AI output before relying on it. We do not guarantee a particular result, fitness outcome, or level of accuracy.

5. Health and Safety

Smart Workout Diary is a fitness and wellness tool. It is not a medical device and does not diagnose, treat, cure, or prevent any disease or medical condition. Information and AI-generated content available through the Services are for general informational and fitness purposes only and are not medical advice.

Consult a physician or other qualified healthcare professional before starting or changing an exercise program, particularly if you have an injury, medical condition, are pregnant, take medication, or have concerns about your ability to exercise safely. Use appropriate equipment, technique, and supervision. Stop exercising and seek appropriate help if you experience pain, faintness, breathing difficulty, or other concerning symptoms. In an emergency, contact your local emergency services.

You are responsible for deciding whether an exercise or recommendation is suitable for you. A trainer available through the Services is responsible for their own professional qualifications and advice; the Services do not create a doctor-patient relationship.

6. Intellectual Property and License

The Services, including their software, source code, databases, functionality, design, text, graphics, branding, and other original content, are owned by Volodymyr Holub or used under license and are protected by applicable intellectual property laws. User Content remains subject to Section 3.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the App and access the Services for your own non-commercial purposes on devices you own or control, in accordance with the applicable app store usage rules.

Except where applicable law expressly permits it, you may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, attempt to derive source code from, or create derivative works from the Services. For permission to use our content outside this license, contact us at support@smart-workout-diary.com.

7. Subscriptions, Billing, and Cancellation

Some features require a paid subscription purchased through the Apple App Store or Google Play. The available plan, billing period, localized price, currency, taxes, included features, and any trial or promotional terms are shown in the applicable store before you confirm a purchase. That purchase screen and your store receipt control if they conflict with a price or offer shown elsewhere.

Subscriptions renew automatically for the billing period shown at purchase unless you cancel before the renewal deadline displayed by the applicable store. The store charges your store account and manages billing. Uninstalling the App or deleting your Smart Workout Diary account does not automatically cancel a store subscription.

You can manage or cancel a subscription through your store account:

• Manage an Apple App Store subscription
• Manage a Google Play subscription

Cancellation normally takes effect at the end of the current paid period, unless the applicable store or law provides otherwise. Refunds are governed by the store's refund rules and applicable law. Nothing in these Terms limits a statutory right to a refund, withdrawal, remedy, or cancellation. Refund requests for store purchases should normally be submitted to the store through which the purchase was made.

Subscription prices may change. Any change will be made through the applicable store with the notice, effective date, and consent process required by that store and applicable law. If you do not accept a change that requires your consent, your subscription may end instead of renewing at the new price.

8. Acceptable Use

You may not use the Services to:

• violate applicable law or another person's rights;
• submit unlawful, abusive, discriminatory, threatening, deceptive, or infringing content;
• impersonate another person or misrepresent your identity or authority;
• gain unauthorized access to an account, system, network, or non-public data;
• introduce malware or interfere with the security, availability, or operation of the Services;
• scrape, harvest, or systematically extract data except as permitted by law or with our written consent;
• bypass usage limits, subscription controls, authentication, or other protective measures;
• use automated means in a way that places an unreasonable burden on the Services; or
• resell, commercially exploit, or build a competing service from the Services or their non-public content.

We may investigate suspected misuse and take proportionate action, including restricting access, preserving relevant records, or reporting unlawful conduct where required or permitted by law.

9. Third-Party Services and App Stores

The Services may interact with third-party services such as Apple, Google, Facebook, OpenAI, Apple Health, and Google Health Connect. Your use of a third-party service is also subject to that provider's terms and privacy practices. We are not responsible for a third-party service, but we remain responsible for our own obligations under applicable law.

Health synchronization occurs only after you enable it and grant the permissions shown by your device or health platform. You can change those permissions through the applicable device or platform settings. Do not connect an account or submit data that you are not authorized to use.

Apple App Store

If you obtained the App from Apple, these Terms are between you and us, not Apple. We, not Apple, are responsible for the App and its content, maintenance and support, and claims relating to the App, except as applicable law or Apple's terms provide otherwise. Apple has no obligation to provide maintenance or support. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, as provided by its policies. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the Apple-related provisions against you.

10. Privacy

Our Privacy Policy provides information about how we handle personal data when you use the Services. It is incorporated into these Terms by reference. Permissions and consent choices presented in the App remain subject to applicable data protection law.

11. Availability and Termination

We may update, suspend, or discontinue parts of the Services for maintenance, security, legal, technical, or business reasons. Where a change materially affects a paid feature, we will provide notice and any remedy required by applicable law or the applicable app store rules.

You may stop using the Services at any time. You may request account deletion using the controls available in the App or by contacting us. Account deletion and subscription cancellation are separate actions.

We may restrict or terminate access if you materially or repeatedly breach these Terms, create a security or legal risk, engage in fraud, or misuse the Services. Where appropriate and legally permitted, we will provide notice and a reasonable opportunity to correct the issue. Immediate action may be taken where necessary to protect users, the Services, or third parties, or to comply with law.

12. Disclaimers

To the extent permitted by law, the Services are provided on an "as available" basis. We do not promise that the Services will always be uninterrupted, error-free, or compatible with every device or third-party service. AI output, fitness estimates, and statistics depend on the information available to the Services and may be inaccurate.

These disclaimers do not exclude statutory warranties, conformity rights, or other remedies that cannot be waived under applicable consumer law.

13. Limitation of Liability

We are liable without limitation for damage caused intentionally or through gross negligence, for death or personal injury caused by our negligence, under applicable product liability law, for an expressly assumed guarantee, and in any other case where liability cannot lawfully be excluded or limited.

For ordinary negligence, we are liable only for breach of an essential contractual obligation whose performance is necessary for the proper operation of the agreement and on which you may ordinarily rely. In that case, liability is limited to damage that was reasonably foreseeable and typical when the agreement was made, except where applicable consumer law requires otherwise.

You are responsible for maintaining appropriate backups of information available to you and for exercising safely within your abilities. This Section does not reduce any mandatory consumer right or shift responsibility for conduct for which we are legally responsible.

14. Governing Law and Disputes

These Terms are governed by the laws of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of mandatory protections provided by the law of the country in which you habitually reside.

The statutory courts have jurisdiction. Consumers may bring claims in any court that has jurisdiction under applicable consumer law, including, where applicable, the courts of their place of residence. These Terms do not require binding arbitration.

Please contact us first so we can try to resolve a complaint. Except where participation is mandatory under applicable law, we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. After an unresolved consumer dispute, we will provide any information required by the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).

15. Miscellaneous

If a provision of these Terms is unlawful or unenforceable, the remaining provisions remain effective. Our failure to enforce a provision is not a waiver. We may transfer these Terms as part of a merger, reorganization, sale of the Services, or similar transaction, subject to applicable law and without reducing your mandatory rights.

These Terms, the Privacy Policy, and any plan or offer terms displayed before purchase form the agreement concerning the Services. If mandatory law or applicable app store terms conflict with these Terms, the mandatory law or app store terms control to the extent of that conflict.

16. Contact Us

For support, legal notices, or complaints regarding the Services, contact: