Effective date: Oct 25, 2019
This Terms of Service (Agreement) govern the relationship between you (you or user) and Smart Fitness (us, our or we) regarding your use of Smart Fitness mobile application provided by Smart Fitness on any
Please read the Terms of Service carefully before using our Service. We may update these Terms of Service from time to time, and your continued use of the Service constitutes acceptance by you of any updates.
THESE TERMS OF SERVICE CONSTRUE AN ENTIRE AGREEMENT BETWEEN YOU AND THE Smart Fitness.
WARNING: If you have any medical conditions or thinking about starting an exercise program or engaging in strenuous or unusual physical activity, you should consult your doctor first.
YOU ASSERT THAT YOU ARE EITHER LEGAL AGE (18 YEARS OLD), OR AN EMANCIPATED MINOR, OR POSSESS LEGAL CONSENT OF YOUR PARENT OR GUARDIAN, AND YOU HAVE THE POWER AND COMPETENT TO ENTER INTO AND TO COMPLY WITH
THESE TERMS OF SERVICE. NEVERTHELESS, THIS SERVICE IS NOT DEDICATED FOR CHILDREN UNDER THE AGE OF 14 YEARS OLD.
IN CASE IF YOU ARE UNDER THE AGE OF 14 YEARS OLD, PLEASE DO NOT USE THIS SERVICE. LIABILITY FOR ACTIONS OF USERS WHO HAVE NOT ACHIEVED THE REQUIRED AGE SHALL BE IMPOSED ON HIS/HER PARENTS OR LEGAL REPRESENTATIVES.
The Service is also not available to any users previously suspended or removed from the Service by Smart Fitness. If you access the Service from any third party platform providers, such as Apple and Google,
from whom you download the Service, you shall comply with its terms of service/use as well as these Terms of Service.
Our Service may offer services and applications of the partners of Smart Fitness, the use of which shall be governed by separate agreements with these partners of Smart Fitness.
1.1. Smart Fitness is a mobile application containing a database of physical exercises of different difficulty. Some exercises contain explanation of performance, in particular instructions, images, or videos.
Not all exercises contain such explanations.
1.2. The User can create training programs (Training Programs) by merging of different exercises. By merging different exercises, User can build (1) cardio programs, (2) circuit programs and (3) individual
programs. When Training Program is, the created user can review it any time or print it.
1.3. Except that, the Service contain ready-made structured and Sport Injury Programs. The Service contains embedded training performance tracking tools, using the features of User’s mobile device,
in particular, accelerometer, gyroscope, and GPS.
1.4. The Service also allows sharing Training Programs between Users. In order to do so, the User who wants to share the file should search and connect to another User.
1.5. All exercises and Training Programs are provided for information only and do not construes professional medical or fitness trainer advice.
2.1. From the moment of acceptance of these Terms of Service, Smart Fitness grants you individual, non-sublicensable, non-transferable, revocable limited license subject to the limitations below to access
and use the Service for your own non-commercial training purposes. You agree not to use the Service for any other purpose. Unless otherwise specified by Smart Fitness, you are not permitted to reproduce,
2.2. If you downloaded the Smart Fitness from Apple App Store you will only use the Smart Fitness (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (ii) as permitted
by the “Usage Rules” set forth in the Apple App Store Terms of Service.
3.1. After User downloads Smart Fitness, the User shall create a personal account (Account), following the steps provided and entering the required information. More information regarding personal data collection,
3.2. The Account may also be created through third-party services as part of the functionality of the Services. The User may link the one’s Account with third-party services, by allowing or granting
the right to Smart Fitness to access through third-party service. Such access is provided under the applicable terms and policies of third-party services.
3.3. By granting Smart Fitness access to through third-party services, User accepts and understands that Smart Fitness shall be entitled to access and store certain information regarding such User on the
3.4. USER CONFIRMS AND UNDERSTANDS THAT USER’S RELATIONSHIPS WITH THE THIRD-PARTY SERVICES ARE GOVERNED SOLELY BY AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICES.
3.5. The Account is created solely to the User and cannot be assigned or sold to the third party.
3.6. After the Account creation, User receives free limited access to the Service. The Service is limited to the scope provided in the description.
3.7. A User who wants full access to all Service functions may purchase (a) prepaid yearly subscription or (b) prepaid monthly subscription.
3.8. Prior to purchase of any subscription, the User may choose a free 7 days trial subscription to the Service. When the free 7 days trial subscription ends, used shall be automatically charged for prepaid
3.9. User may cancel the free 7 days trial subscription up 24 hours prior to the lapse thereof.
3.10. If the User does not cancel the free 7 days trial subscription, User shall be automatically charged for the prepaid subscription chosen.
4.1. Any User who registers an account with the Smart Fitness shall (1) comply with these Terms of Service while using the Smart Fitness; (2) hold Account login information confidential; (3) immediately
inform us on any illegal or unauthorized activity or a security breach (including any loss, theft, or unauthorized disclosure or use of a username, password); (4) keep indemnified the Smart Fitness for
all claims and liabilities arising out of any use of the Service, including any costs and expenses incurred; (5) be responsible for all activities that occur under the respective Account; (6) not share
your Account or password with anyone; (7) provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and
use the Services; (8) be solely responsible for any fees, including Internet connection or mobile fees, that User incurs when accessing the Smart Fitness.
4.2. The User shall not (1) permit any third party to access or use a username or password for the Service; (2) upload to the Service files that contain or redirect to a virus, worm, Trojan horse, or other
harmful technology or component that unlawfully accesses alternatively, downloads content or information stored within the Service or on the hardware of Smart Fitness, affiliate, or any third party;
(3) decompile, interfere with, hack, reverse engineer, disassemble, modify, copy, or disrupt the functionality, integrity, features, or performance of the Services; (4) access the Service with intent
and/or in order to create a comparable or similar application or software or copy any features, graphics, ideas, images, videos, intellectual property or functions of the Service; (5) create accounts
by any means other than Service interface (scraping, creating accounts in bulk).
4.3. The Smart Fitness retains the right to suspend the Account of any User, accused in breaching of rules as mentioned earlier and this Terms of Service. In such circumstances, Smart Fitness reserves the
right to cancel the User’s account and suspend or revoke the license(s) provided.
5.1. All payments made through Apple App Store or Google Play Store are controlled and managed by Apple and Google, respectively.
5.2. Payments will be charged by your Apple App Store or Google Play Store account, as applicable, at the confirmation of purchase.
5.3. The subscription fee is payable by User in exchange for the access to the Smart Fitness. User can choose a prepaid monthly subscription or prepaid yearly subscription.
5.4. User shall pay the applicable fee that is displayed on the Service at the time of confirmation of the subscription.
5.5. If User purchases any subscription prior to the end of the free 7 days trial subscription, an unused portion of a trial period will be forfeited.
5.6. All prices shall be made in United States Dollars.
5.7. Pricing in another country may vary and actual changes may be converted to User’s actual currency depending on the country of User’s residence
5.8. The subscription will automatically renew at the end of each term and your credit card will be charged through your account (Apple App Store or Google Play Store, as applicable). User can turn off auto-renew
at any time from the account settings.
5.9. The account will automatically be charged 24 hours prior to the lapse of the current subscription term. If User wishes to turn off further subscription auto-renewal, User should do it at least 24 hours
before the end of the current subscription period.
5.10. The Smart Fitness is entitled to adjust subscription fee for the User’s subscription without further notice.
5.11. The paid subscription fee is non- refundable.
5.12. User agrees to notify Smart Fitness promptly of any changes to the payment method you provided while any subscriptions remain outstanding. User is responsible for all applicable fees and charges incurred,
including applicable taxes, and all subscriptions purchased by the respective User.
5.13. When the subscription period ends and subscription fee is not paid by the User due to any fund’s insufficiency, full access to the Smart Fitness shall be ceased until subscription fee is paid in full.
6.1. The Smart Fitness contains links to third-party services and advertisements (Third Party Link) for third parties that are not under the control of Smart Fitness. When User click on a Third Party Link
the Smart Fitness shall not be responsible to warn User that User has left Smart Fitness. User acknowledges, accepts and agrees that (1) User will then be subject to the third party terms and policies;
(2) Third Party Links provided only for convenience and does not review, approve, monitor, endorse, warrant, or make any representations; (3) User using Third Party Link is at User’s own risk.
7.1. All rights, copyrights, patents, trade secrets, trade dress, know-how, technical information, inventions, discoveries, improvements, ideas, concepts, discoveries, texts, images and other proprietary
rights, and any derivative works thereof (including improvements) embodied in the Service belong solely and exclusively to the Smart Fitness . The Service is protected, among others, by the Israeli Copyright
Law, 2007 as well as by applicable copyright provisions prescribed by any other law, in Israel and elsewhere.
7.2. “Smart Fitness” is a trademark of Smart Fitness company and may not be used, copied, or imitated, in whole or in part, without the express prior written approval of Smart Fitness. The look
and feel of the Services (including all page headers, custom graphics, button icons, and scripts) form the trademarks, service marks and trade dress, belong to Smart Fitness and may not be used, copied
and/or imitated in whole or in part, without the express prior written approval of Smart Fitness. The use of any of trademarks without Smart Fitness express written consent is strictly prohibited.
8.1. The User represents and warrants that the User is entitled to (1) disclose Third Party Service login information to Smart Fitness and/or to (2) grant Smart Fitness access to User’s accounts on
Third Party Service, without breach of the terms and conditions that govern your use of the applicable social networking service and without any limitations imposed or obligating Smart Fitness to pay
8.2. User warrants and represents that either (1) all of the following statements are true: (a) no physician has ever informed User about presence of heart condition or that User should only do physical
activities recommended by a physician; (b) User has not experienced any kind of chest pain when not performing physical activity at any time within the past 2 months before User’s usage of the
Service; (c) User has never felt any kind of chest pain when performing physical activity; (d) User has never lost balance stand because of dizziness; (e) User has never lost consciousness; (f) User
does not have a history of high blood pressure (g) no one in User’s immediate family has a history of high blood pressure or heart problems; (h) physician is not currently prescribing drugs for
User’s blood pressure or heart condition; and (i) User does not have any other reason prohibiting physical exercises; or (2) User’s physician has specifically approved the use of Service.
8.3. Any User who is a female specifically warrants and represents that (1) User is not pregnant; (2) User is not breastfeeding or lactating. Otherwise, User specifically warrant and represent that User’s
physician has specifically approved the use of the Service.
8.4. Any User who will be using rehabilitation exercises or training programs specifically warrants and represents that (1) User does not have a bone or joint problem that could be made worse by a change
in physical activity and (2) User’s physician has specifically approved the use of Service.
8.5. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS IS”. THE Smart Fitness DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, AND SPECIFICALLY
DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF DEFECTS,
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR OF NON-INFRINGEMENT, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8.6. THE Smart Fitness DOES NOT PROVIDE LEGAL, MEDICAL OR REGULATORY ADVICE IN CONNECTION WITH THE SERVICE. THE USER IS SOLELY RESPONSIBLE TO DETERMINE THE FITNESS AND APPLICABILITY OF SERVICE ONE’S
PARTICULAR SITUATION. Without limiting the foregoing disclaimers, the User agrees that Smart Fitness shall not be liable for the failures, operations or acts or omissions of any of the foregoing.
8.7. THE EXERCISE AND TRAINING PROGRAM MAY NOT BE SUITABLE FOR CERTAIN USERS DUE TO THE ONE’S HEALTH’S STATE. THE SERVICE DOES NOT CONTAIN FUNCTIONS ALLOWING DETERMINING SUITABILITY OF THE EXERCISES
OR TRAINING PROGRAMS CHOSEN BY USER. THE USER REPRESENTS AND WARRANTS THAT BEFORE PERFORMING ANY EXERCISE OR TRAINING PROGRAM, INCLUDING REHABILITATION TRAINING PROGRAM, THE USER SHALL SEEK FOR INDEPENDENT
PROFESSIONAL ADVICE (FITNESS TRAINER, DOCTOR, etc.) REGARDING (1) FITNESS OF CHOSEN TRAINING PROGRAM FOR USER’S HEALTH; AND (2) POSSIBLE RISK RELATED TO PERFORMANCE OF A CERTAIN EXERCISE OR TRAINING
8.8. THE USER ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT THE SERVICE IS NOT A MEDICAL SERVICE AND DOES NOT OFFER MEDICAL ADVICE OF ANY KIND. THE SERVICE IS NOT INTENDED NOR CREATED FOR (1) MEDICAL DIAGNOSIS
OF HEALTH STATE, OR (2) ADVISING OR DETERMINING WHICH REHABILITATION COURSES APPLICABLE FOR USER’S PARTICULAR SITUATION. ANY CONTENT OR INFORMATION ACCESSED OR RECEIVED THROUGH THE SERVICE ARE
NOT INTENDED TO BE MEDICAL ADVICE. SMART FITNESS DOES NOT GUARANTEE ANY RESULTS IN CONNECTION WITH THE SERVICES.
9.1. The User shall indemnify defend and hold harmless Smart Fitness and its affiliates, subsidiaries and employees (including but not limited to agents, licensors, managers and other affiliated companies
and their employees, contractors, agents, officers, and directors) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, expenses (including but not limited to
attorney’s fees) arising from: (1) any other party’s access and use of the Service with User’s unique username, password or other appropriate security code; (2) User’s violation
of any term of these Terms of Service, including without limitation User’s breach of any of the representations, warranties or responsibilities described herein; (3) User’s violation of any
third-party rights, including without limitation any right of privacy or intellectual property rights; (4) User’s willful misconduct.
10.1. USER UNDERSTANDS, ACKNOWLEDGES AND AGREE THAT IN NO EVENT SHALL Smart Fitness BE LIABLE FOR ANY INCIDENTAL, DIRECT OR INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE,
INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF DATA, USE, OR PROFITS, LEGAL, MEDICAL OR MALPRACTICE DAMAGE CLAIMS OR AWARDS, PAIN AND SUFFERING, OR MEDICAL BILLS, IRRESPECTIVELY OF
WHETHER OR NOT Smart Fitness HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL INJURY, BODILY INJURY, EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, OR RESULTING FROM THE PERFORMANCE OF EXERCISES OR TRAINING PROGRAMS.
10.2. USER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL Smart Fitness BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ERRORS,
DEFECTS, BUGS OF USER’S MOBILE DEVICE.
10.3. UNDER NO CIRCUMSTANCES WILL Smart Fitness BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY Smart Fitness AS A RESULT OF YOUR USE OF THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING
THE CIRCUMSTANCES GIVING RISE TO YOUR CLAIM.
10.4. The User is solely responsible for assessing the reliability, accuracy, and quality of the particular Service. The User accepts all risks and responsibility for all loss, damage, costs and other consequences
resulting from the one’s use of the Service.
10.5. Smart Fitness shall not be liable for any loss or damages including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data arising out of the use
or inability to use of Services or any links; or to your reliance upon information obtained from or through the Services or through links contained on the Services
10.6. Notwithstanding any provision of these Terms of Service, if a jurisdiction where User resides in, has provisions specific to waiver or liability that conflict with the above mentioned limitations,
then Smart Fitness liability shall be limited to the maximum extent possible by such applicable law.
11.1. The User may terminate this Agreement by deleting User’s Account.
11.2. The Smart Fitness may terminate this Agreement with immediate effect by giving the User a written notice.
11.3. The termination, in any case, will not affect any obligation that has already been incurred by either the User or the Smart Fitness.
12.1. “Force Majeure” means unforeseeable circumstances acts, events or occurrences that prevent the Smart Fitness from providing the Service to the User, including but not limited to terrorism,
strikes, riots or civil commotion, war, flood, act of God, accident, fire , storm, interruption of power supply, electronic, communication equipment or supplier failure, civil unrest, statutory provisions
12.2. The Smart Fitness shall have a right to, at its own reasonable discretion determine the existence Force Majeure and take reasonable steps to inform the User.
the Force Majeure makes it impractical or impossible for the Smart Fitness to comply with them; or (2) take or omit to take all such actions as the Smart Fitness considers to be reasonably appropriate
in the circumstances with regard to the Smart Fitness , the User and other users.
12.4. In the event of Force Majeure, the Smart Fitness shall not be liable to the User in respect of any consequential, nonfinancial, direct or indirect damage.
13.1. If you have any questions regarding Service functionality or data protection you can send us a written notice.
13.2. All notices shall be given to us either by post to our premises (Hod-HaSharon, Moshe Sharet 27/16) or by email to firstname.lastname@example.org. All notices shall be deemed received 5 days after posting
if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
14.1. If any term of Terms of Service is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible, the same effect as the original term, and the remainder of Terms
of Service shall remain in full force. If any court or administrative body of competent jurisdiction to be invalid or unenforceable finds any provision of the Terms of Service, then the invalidity or
unenforceability shall not affect the other provisions, and all provisions not affected shall remain in full force and effect. The Smart Fitness will attempt to substitute with a valid or enforceable
provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
14.2. In the event that a situation arises, that is not covered under the Terms of Service, the Smart Fitness will resolve the matter based on good faith and fairness and, where appropriate, by taking such
action as is consistent with market practice.
14.3. The rights granted by these Terms of Service, may not be transferred or assigned by the User, and any such transfer or assignment shall be void. The Smart Fitness may transfer some or all of its rights
and obligations under these Terms of Service to another party at its sole discretion, without obtaining users consent.
14.4. These Terms of Service do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of
any kind between the parties hereto.
14.5. This Agreement shall be governed by the laws of the State of Israel, excluding its conflict of law principles. Any actions, disputes, causes of action or claims arising out of or in connection with
this Terms of Service shall be subject to the exclusive jurisdiction of the courts located in Tel Aviv, Israel.