Terms of Service

Welcome to SmartGym, a health and fitness app that helps you track your activity, routines, and workouts.

These Terms of Service, including those set forth in the Privacy Policy ("Terms", "Terms and Conditions") govern your relationship with SmartGym and associated services (the "App", "SmartGym", "Services") operated by MA Aplicativos LTDA. ("us", "we", or “our"). By downloading or using SmartGym, (i) you agree to be bound by these terms of service (“Terms”), (ii) you are of legal age and not prohibited by law from receiving or using the Service. If you disagree with any part of the terms, then you may not access the Service.

SmartGym does not provide medical, fitness, or other advice. You participate in exercise activities entirely at your own risk. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction.

Your Health

Use of SmartGym and all related services is at your own risk. You agree that SmartGym is not providing medical advice via the services. We are not a substitute for professional medical advice and treatment.

You should consult a physician before beginning any new fitness program. The use of any information or programs provided on the services is solely at your own risk.

This app was built to facilitate your life at the gym, avoiding the need for the old "paper routines", and becoming a new way to keep track of your workouts.

All the coaching and instructions prepared by your personal trainer are strictly his (her) responsibilities, and the correct execution of each exercise depends solely on you.

All plans, workouts, routines, and exercises provided by SmartGym are illustrative only and serve only as a form of guidance to what should be done. A properly qualified professional must always be consulted beforehand. SmartGym is not responsible for any accidents, injuries, or any other damage that may occur to your health when using and performing the workouts available in the app.

The routines, workouts, and suggestions provided by Smart Trainer are intended solely as a form of guidance to what should be done and should not be regarded as final or unequivocal recommendations. Although Smart Trainer can learn more about the user, it is not aware of the user's limitations, executions, difficulties, pains, injuries, or any health condition. Smart Trainer is not responsible for any accidents, injuries, or any other damage that may occur to your health when using and performing the workouts it suggests, or following its suggestions.

The final decision of which exercises you need to do, how many sets, repetitions, duration, weight, and how to properly do them, is always yours. A properly qualified professional must always be consulted beforehand.

The drawings, illustrations, instructions, and names displayed in the service serve only as a reference and do not replace the guidance of a personal trainer or a properly qualified professional. If in any doubt regarding the execution of an exercise, check personally with a professional of the area before starting.

Any questions regarding the execution of the exercise should be addressed in person with a professional in the field before starting the practice.

It's really important that you warm up and stretch before starting your workout.

Use common sense: do not overdo it when exercising. If you feel any kind of pain, weakness, dizziness, exhaustion, or get short of breath, stop exercising immediately.

Before working out, it's important to do a medical checkup.

By doing any kind of exercise, you take all the risks inherent to it.

SmartGym shall not be held liable for any damages, indirect or direct, related to or resulting from any use of the services, including injury or death.

Account and Privacy

You may use SmartGym without creating an account. However, if you want to access certain features and benefits of SmartGym, such as syncing your data across devices, and receiving personalized recommendations and feedback, you will need to create an account with us.

To create an account, you will need to provide us with some personal information, such as your name, email address, and password. You must provide accurate and complete information and keep it updated. You are responsible for maintaining the security and confidentiality of your account and password. You must not share your account or password with anyone else. You must notify us immediately if you suspect any unauthorized access or use of your account.

We respect your privacy and are committed to protecting your personal data. Our Privacy Policy is an integral part of these Terms, and by using SmartGym, you acknowledge and accept the practices described within it. Please review it carefully to understand how we handle your personal information.

Payment & Refunds

All payments and subscription transactions for this app are exclusively processed through Apple’s App Store. As such, we do not have access to any of your payment information. Any inquiries or issues related to billing should be directed to Apple.

SmartGym is free to download and use for a limited period of time. It offers various subscription plans, each providing access to different sets of features. You may also be eligible for a Free Trial with one of these plans. At the conclusion of the Free Trial period, your selected subscription plan will automatically renew unless you cancel the subscription at least 24 hours prior to the end of the trial period.

We offer different Subscription plans with different prices, durations, and benefits. You can view the current Subscription plans and prices on SmartGym or on Apple’s App Store. We may change the Subscription plans and prices at any time at our sole discretion. Any changes will not affect your existing Subscription until it expires or is renewed.

You can purchase a Subscription through the App Store using the payment method linked to your Apple ID. When you purchase a Subscription, you authorize Apple to charge your payment method for the Subscription fee at the beginning of each billing cycle. Your Subscription will automatically renew at the end of each billing cycle unless you cancel it at least 24 hours before the end of the current billing cycle. You can manage or cancel your Subscription at any time through your App Store account settings.

Cancellation of a subscription may be done at any time through your Apple ID account settings. Cancellation will be effective at the end of the current billing cycle, and you will retain access to the app’s features until the conclusion of that cycle. After that, you will lose access to all the features and benefits of SmartGym that require a Subscription. You will not receive any refund or credit for any unused portion of your Subscription.

We may offer discounts, promotions, or free trials for Subscriptions from time to time at our sole discretion. These offers may have different terms and conditions that apply in addition to these Terms. Please read them carefully before purchasing a Subscription.

For your privacy and security, all payment transactions within the app are exclusively managed by Apple. When you make a purchase, the transaction is processed directly through Apple, and we do not have access to your payment information. Apple securely manages all payment data and processing, ensuring that your financial details remain confidential and protected.

Due to this arrangement, in the event that you may want a refund, please contact Apple directly. Apple will determine your eligibility for a refund according to their policies and applicable procedures. If a refund is approved, it will be issued by Apple. We don't have the authority to grant refunds and do not process them directly, as all payment-related matters are managed by Apple.

License and Restrictions

We grant you a limited, non-exclusive, non-transferable, revocable license to download and use SmartGym on any iOS device that you own or control, subject to these Terms and the App Store Terms of Service.

You may not (i) copy, modify, distribute, sell, or lease any part of SmartGym or its content; (ii) reverse engineer or attempt to extract the source code of SmartGym; (iii) remove any copyright or other proprietary notices from SmartGym or its content; (iv) use SmartGym for any illegal, unlawful, or unauthorized purpose; (v) use SmartGym in any way that may interfere with or damage its functionality or performance; (vi) use SmartGym to transmit any viruses, malware, or other harmful code; (vii) use SmartGym to infringe the rights of any third party, including their privacy, intellectual property, or contractual rights.

Content and Services

SmartGym provides you with various content and services related to health and fitness, such as (i) activity tracking, where you can track your steps, distance, calories burned, and active minutes using SmartGym or by connecting it with other compatible devices or apps; (ii) workout tracking, where you can track your workouts using SmartGym or by connecting it with other compatible devices; (iii) workout charts, where you can view your health data and trends in various charts on SmartGym.

The content and services provided by SmartGym are for informational and educational purposes only. They are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always consult your doctor or other qualified health care provider before starting, changing, or stopping any health or fitness program or regimen. You should not rely on SmartGym as the sole source of information or guidance for your health and fitness.

We reserve the right to modify, suspend, or discontinue any content or service, in whole or in part, at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of any content or service.

User Content and Conduct

You are responsible for any content that you upload, post, share, or transmit through SmartGym, such as your profile information, photos, comments, messages, ratings, reviews, and feedback (collectively, "User Content”).

You retain ownership of your User Content, but by submitting it to SmartGym, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display your User Content, subject to the Service's Privacy Policy.

You represent and warrant that (i) you own or have the necessary rights and permissions to use and authorize us to use your User Content as described in these Terms; (ii) your User Content does not infringe any intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; (iii) your User Content does not contain any unlawful, harmful, abusive, defamatory, obscene, hateful, harassing, threatening, racist, sexist, or otherwise objectionable material.

You agree that you will not (i) upload, post, share, or transmit any User Content that violates these Terms or any applicable laws or regulations; (ii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) solicit personal information from other users or send unsolicited messages or advertisements to other users; (iv) interfere with or disrupt the operation of SmartGym or the servers or networks that host SmartGym; (v) attempt to gain unauthorized access to SmartGym or any other accounts, systems, or networks connected to SmartGym; (vi) use any automated means to access SmartGym for any purpose; (vii) use SmartGym for any purpose that is competitive to us or otherwise detrimental to us.

We do not endorse any User Content submitted to SmartGym by any user. We do not pre-screen User Content, but we reserve the right (but not the obligation) to monitor, edit, remove, or disable any User Content that violates these Terms or any applicable laws or regulations. However, we have no obligation to do so, and we are not responsible for any User Content submitted to SmartGym by any user.

Third Party Content and Services

SmartGym may display or provide links to third-party content or services, such as websites, apps, or devices. We do not endorse or control any third-party content or services and we are not responsible for their availability, quality, accuracy, reliability, or legality. Your access and use of any third-party content or services is solely at your own risk and subject to the terms and conditions of those third parties.

SmartGym may also allow you to connect with other compatible devices or apps to sync your health data and access additional features. We do not endorse or control any such devices or apps and we are not responsible for their functionality, compatibility, or performance. Your access and use of any such devices or apps is solely at your own risk and subject to the terms and conditions of those device or app providers.

Feedback and Suggestions

We appreciate your feedback and suggestions about SmartGym and our services. You can submit your feedback and suggestions by contacting our Support Team. By doing so, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your feedback and suggestions for any purpose and without any compensation or obligation to you.

Intellectual Property Rights

We own and have the necessary rights and permissions to use all the intellectual property rights in SmartGym and its content, including, but not limited to, the trademarks, logos, design, text, graphics, images, videos, software, and source code. You may not copy, modify, distribute, sell, or lease any part of SmartGym or its content.

You may not use any trademarks, logos, or service marks displayed on SmartGym. You may not remove, obscure, or alter any legal notices displayed on SmartGym or its content.

DISCLAIMER OF WARRANTIES

NO WARRANTIES: SMARTGYM AND ITS CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE AND OUR LICENSORS AND SUPPLIERS DO NOT WARRANT THAT SMARTGYM AND ITS CONTENT AND SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF SMARTGYM AND ITS CONTENT AND SERVICES IS SOLELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE APP; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (IV) ANY BUGS,  ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP; AND/OR (V) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

YOU EXPRESSLY AGREE THAT (I) SMARTGYM DOES NOT PROVIDE MEDICAL, FITNESS, OR OTHER ADVICE; (II) YOU PARTICIPATE IN EXERCISE ACTIVITIES ENTIRELY AT YOUR OWN RISK, AND BY DOING ANY KIND OF EXERCISES, YOU TAKE ALL THE RISKS INHERENT TO IT; (III) SMARTGYM IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND TREATMENT.

INDEMNIFICATION

YOU (AND ALSO ANY THIRD PARTY FOR WHOM YOU OPERATE AN ACCOUNT OR ACTIVITY ON THE SERVICE) AGREE TO INDEMNIFY AND HOLD HARMLESS US AND OUR LICENSORS AND SUPPLIERS AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF SMARTGYM AND ITS CONTENT AND SERVICES; (II) YOUR USER CONTENT; (III) YOUR VIOLATION OF THESE TERMS OR ANY APPLICABLE LAWS OR REGULATIONS; (IV) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY; (V) ANY MISREPRESENTATION MADE BY YOU; (VI) ANY CLAIM THAT YOUR USE OF THE APP CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE APP.

Termination

We may terminate or suspend your access to SmartGym and its content and services at any time, with or without cause or notice. Such as, but not limited to: using the app for unintended purposes, requests by law enforcement or other government agencies, using an unreasonable amount of resources, or abuse of the terms, as defined solely by SmartGym at our discretion.

You may terminate your account at any time by contacting our Support Team or from inside the app. If you terminate your account, you will not be able to access all the features of the Service. You may terminate your Subscription through your App Store account settings. If you terminate your Subscription, you will still be able to use SmartGym until the end of the current billing cycle. After that, you will lose access to all the features and benefits of SmartGym that require a Subscription. You will not receive any refund or credit for any unused portion of your Subscription.

Upon termination of your access to SmartGym and its content and services, your license and other rights granted to you under these Terms will also terminate. However, some provisions of these Terms will survive termination, including but not limited to the sections on Disclaimer of Warranties, Limitation of Liability, Indemnification, and General.

Governing Law and Dispute Resolution

These Terms and any disputes arising out of or in connection with them will be governed by and construed in accordance with the laws of the Federative Republic of Brazil.

Any disputes arising out of or in connection with these Terms will be resolved by binding arbitration administered by the Brazilian Arbitration Association ("BAA") under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. The arbitration will be conducted by a single arbitrator appointed by the BAA in accordance with its rules. The arbitration will take place in Belo Horizonte, MG, Brasil, unless otherwise agreed by the parties. The arbitration will be conducted in Portuguese, unless otherwise agreed by the parties. The award rendered by the arbitrator will be final and binding on the parties and may be enforced in any court having jurisdiction thereof.

You agree that any arbitration will be conducted on an individual basis and not on a class, consolidated, or representative basis. You also agree that you waive any right to participate in a class action or other representative proceeding against us. 

Notwithstanding the above, we may seek injunctive or other equitable relief from any court of competent jurisdiction to protect our intellectual property rights or prevent or stop any unauthorized or unlawful use of SmartGym and its content and services.

Changes

We reserve the right to modify, amend, or update these Terms of Service at any time, for any reason, and without prior notice to you. Any changes we make to the Terms will be effective immediately upon being posted to our website or reflected in an update to the app. By continuing to use our service after the updated Terms have been posted, you acknowledge and agree to the revised Terms of Service.

If you do not agree to the modified Terms, you must discontinue using the service immediately and, if applicable, delete your account.

For transparency, the date of the latest revision of these Terms of Service will always be listed at the bottom of this page. We encourage you to check this page regularly for updates, as these changes will apply to your ongoing use of the service.

General

These Terms constitute the entire agreement between you and us regarding your use of SmartGym and its content and services and supersede and replace any prior agreements between you and us on such subject matter.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be severed from the rest of these Terms, and the remaining provisions will remain in full force and effect.

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without your consent.

We may send you notices and communications by email or through SmartGym. You agree that such notices and communications will satisfy any legal communication requirements.

Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or authorizes you to act on our behalf.

Contact Us

If you have any questions or concerns about these Terms or SmartGym and its content and services, please contact our Support Team at support@smartgymapp.com.

Last updated September 24, 2024

These terms replace all previous versions.

We reserve the right to change our terms at any time.