Effective date: Oct 25, 2019
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.
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 WORKOUT APP. 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 WORKOUT APP the use of which shall be governed by separate agreements with these partners of SMART WORKOUT APP.
1.1. Smart Fitness or one of the private branding of SMART WORKOUT APP 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.
2.2. If you downloaded the Smart Fitness or one of the private branding of SMART WORKOUT APP from Apple App Store you will only use the Smart Fitness or one of the private branding of SMART WORKOUT APP (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.
3.2. 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 or one of the private branding of SMART WORKOUT APP 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 or one of the private branding of SMART WORKOUT APP access to through third-party services, User accepts and understands that Smart Fitness or one of the private branding of SMART WORKOUT APP shall be entitled to access and store certain information regarding such User on the Service.
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 subscription chosen.
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 or one of the private branding of SMART WORKOUT APP shall (1) comply with these Terms of Service while using the Smart Fitness or one of the private branding of SMART WORKOUT APP ; (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 WORKOUT APP 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 or one of the private branding of SMART WORKOUT APP .
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 or one of the private branding of SMART WORKOUT APP , 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 WORKOUT APP 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 WORKOUT APP 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 or one of the private branding of SMART WORKOUT APP. 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 WORKOUT APP 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 WORKOUT APP 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 or one of the private branding of SMART WORKOUT APP shall be ceased until subscription fee is paid in full.
6.1. The Smart Fitness or one of the private branding of SMART WORKOUT APP contains links to third-party services and advertisements (Third Party Link) for third parties that are not under the control of SMART WORKOUT APP. When User click on a Third Party Link the SMART WORKOUT APP shall not be responsible to warn User that User has left Smart Fitness or one of the private branding of SMART WORKOUT APP. 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 WORKOUT APP. 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” or one of the private branding of SMART WORKOUT APP is a trademark of SMART WORKOUT APP company and may not be used, copied, or imitated, in whole or in part, without the express prior written approval of SMART WORKOUT APP. 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 WORKOUT APP and may not be used, copied and/or imitated in whole or in part, without the express prior written approval of SMART WORKOUT APP. The use of any of trademarks without SMART WORKOUT APP 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 or one of the private branding of SMART WORKOUT APP and/or to (2) grant Smart Fitness or one of the private branding of SMART WORKOUT APP 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 or one of the private branding of SMART WORKOUT APP to pay any fees.
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 WORKOUT APP 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 WORKOUT APP 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 WORKOUT APP 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 PROGRAM.
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 OR ONE OF THE PRIVATE BRANDING OF SMART WORKOUT APP DOES NOT GUARANTEE ANY RESULTS IN CONNECTION WITH THE SERVICES.
9.1. The User shall indemnify defend and hold harmless SMART WORKOUT APP 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 WORKOUT APP 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 WORKOUT APP 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 WORKOUT APP 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 WORKOUT APP BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY SMART WORKOUT APP 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 WORKOUT APP 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 WORKOUT APP 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 WORKOUT APP 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 WORKOUT APP.
12.1. “Force Majeure” means unforeseeable circumstances acts, events or occurrences that prevent the SMART WORKOUT APP 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 or lockouts.
12.2. The SMART WORKOUT APP shall have a right to, at its own reasonable discretion determine the existence Force Majeure and take reasonable steps to inform the User.
12.4. In the event of Force Majeure, the SMART WORKOUT APP 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 WORKOUT APP 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 WORKOUT APP 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 WORKOUT APP 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.