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About these terms
SmartGains (the iPhone and Apple Watch apps and the service behind them) is published byDigital Marketing Concept S.R.L., Aleea Lacul Morii 127-129, Entrance A, Floor 8, Apt. 97, District 6, Bucharest, Romania, Tax ID (CUI) 38324560, Trade Register J40/17115/2017 ("we", "us").
By creating an account or using SmartGains you accept these terms and ourPrivacy Policy, which explains how we handle your data.
Apple's licence (EULA)
The app is licensed to you under Apple'sLicensed Application End User License Agreement (the standard EULA). These terms add to it. Where the two differ on the licence to use the app, the EULA applies. Apple is not responsible for SmartGains or its support; we are.
Your account
- You sign in with Apple, Google or an email address. Keep your sign-in secure; you are responsible for what is done with your account.
- You must be at least 16 years old to use SmartGains.
- You can export your data and delete your account at any time in the app (Settings › Delete account). Deleting your account is permanent and does not cancel a subscription.
Free and Pro
SmartGains Free is a complete logger: unlimited workouts, programs and custom exercises, logging with the rest timer, the Apple Watch app, history, records and data export, at no cost. It also includes the suggestions in your first three reviews that have any.
SmartGains Pro adds the suggestions after every workout, the progress charts and trends, and the version history of your workouts. It is sold in the app as a monthly or yearly subscription, or as a one-time Lifetime purchase. The prices are shown in the app, in your currency, before you buy.
If Pro ends, nothing you made is deleted or blocked: your workouts, history and records stay, and the Pro features lock again until you renew.
Subscriptions and trial
- Payment. Purchases are made through the App Store and charged to your Apple Account when you confirm the purchase. Apple's terms of sale apply to them.
- Auto-renewal. Monthly and yearly subscriptions renew automatically for the same period and at the same price, unless you cancel at least 24 hours before the end of the current period. Your Apple Account is charged for the renewal within the 24 hours before the period ends. If the price changes, Apple tells you first and, where the law or Apple's rules require it, asks you to agree.
- Free trial. The yearly plan can start with a 7-day free trial, once per Apple Account. Unless you cancel at least 24 hours before the trial ends, the yearly subscription starts and is charged when the trial ends. The app reminds you two days before. Any unused part of a trial ends when you buy a subscription.
- Cancelling. Cancel or change a subscription in your Apple Account: on your iPhone, Settings › your name › Subscriptions, or apps.apple.com/account/subscriptions. You can also get there from SmartGains in Settings › Subscription › Manage subscription. Pro stays on until the end of the period you paid for. Deleting the app or your account does not cancel a subscription.
- Lifetime is a one-time purchase that unlocks Pro for as long as SmartGains is offered, with no renewal.
- Restoring. If you reinstall the app or use a new iPhone, tap Restore purchases in Settings › Subscription, signed in with the same Apple Account.
Refunds
Because purchases are made through the App Store, refunds are handled by Apple. Ask for one atreportaproblem.apple.com. This does not affect your rights as a consumer under the law of the country where you live.
Train safely
SmartGains helps you log your training and suggests targets based on what you logged. It is not medical advice and not a substitute for a doctor, physiotherapist or coach. Check with a doctor before you start a new training program, especially if you have a health condition or an injury. Use good form, warm up, and stop if something hurts. You decide what weight to lift: a suggestion is only a suggestion.
Heart rate and energy shown in the app come from Apple Health and your Apple Watch. They are estimates and are not meant for medical use.
Your content
Your workouts, programs, history, notes and custom exercises are yours. You give us the permission we need to store, sync and process them to run SmartGains for you, and to use the names, equipment and muscles of custom exercises to improve the catalog, as described in the Privacy Policy. This permission ends when you delete the content or your account.
The app, its design, the exercise catalog and its images and texts belong to us or to our licensors. You may use them only in SmartGains, for your own training.
Fair use
Please do not:
- break the law with SmartGains, or use it to harm others;
- try to get into accounts or systems that are not yours, or disrupt the service;
- copy, scrape or resell the exercise catalog or other parts of SmartGains;
- reverse engineer the app, except where the law allows it.
The service
We work to keep SmartGains available and your data safe, with backups. The app works offline and syncs when you are back online. We may change, improve or remove features. If we ever stop offering SmartGains, we will tell you at least 60 days in advance so you can export your data.
Liability
SmartGains is provided as it is. We are not liable for injuries from training, or for indirect losses, as far as the law allows. Nothing in these terms limits our liability where it cannot be limited by law, for example for death or personal injury caused by our negligence, for fraud, or for gross negligence, and nothing here takes away your rights as a consumer.
Ending
You can stop using SmartGains and delete your account at any time. We may suspend or close an account that seriously or repeatedly breaks these terms; unless the law or security prevents it, we tell you first and give you the chance to export your data.
Law and disputes
These terms are governed by Romanian law. If you live in the EU, you also keep the protection of the mandatory consumer laws of the country where you live, and you can bring a claim there. Please write to us first: most problems are solved quickly by email.
Changes
If we change these terms, we update them here with a new date. If a change matters to you (for example to Pro or to your rights), we tell you in the app at least 30 days before it applies. If you do not agree, you can stop using SmartGains and delete your account.