Terms of Service

These Terms of Service (the "Terms") form a binding agreement between you and the service provider for use of the Kiptly mobile application for iOS and Android and the kiptly.com website (together, the "Service"). By creating an account, installing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Service provider: Aliaksandr Samuseu, an individual residing in Poland. Contact: [email protected].

1. Eligibility

You must be at least 16 years old to use the Service. By using the Service, you confirm that you have the legal capacity to enter into a binding contract in your country of residence and that you are not barred from using the Service under applicable export-control, sanctions, or similar laws.

2. Account

You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. You may not share your credentials, use another person's account, or create more than one account per person. Notify us at [email protected] if you suspect unauthorized access.

3. Acceptable Use

You agree not to:

• Post spam or content that is unlawful, infringing, defamatory, or otherwise harmful;
• Harass, threaten, or harm other users or trainers;
• Reverse-engineer, decompile, or disassemble the Service, except where permitted by mandatory law;
• Use bots, scrapers, or other automated means to access the Service or its API;
• Interfere with, disrupt, or circumvent security features, usage limits, or integrity of the Service.

4. Subscriptions & Billing

• PRO and TRAINER subscriptions are sold and billed by Apple (App Store) or Google (Google Play). Your payment is processed under the store's terms and privacy policy, not ours.
• Subscriptions auto-renew at the end of each billing period unless cancelled at least 24 hours before the renewal date through your Apple ID or Google Play account settings.
• A 14-day free trial is offered once per account. If you do not cancel before the trial ends, your subscription will begin automatically.
• Refunds are handled by Apple and Google under their respective refund policies. Requests are made through reportaproblem.apple.com (Apple) or your Google Play order history (Google).
• We may change subscription prices. Material price changes take effect on the next renewal and are announced at least 30 days in advance by email and in-app notice. Continued use after the change constitutes acceptance.

5. User Content

• You retain ownership of the content you create in the Service, including workouts, notes, photos, and measurements ("User Content").
• By posting User Content through social features (profile, feed, comments, QR sharing), you grant Kiptly a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and display that content solely to operate the Service. The licence ends when you delete the content or your account, except for copies retained in routine backups for up to 30 days.
• You are responsible for your User Content and for ensuring it does not infringe the rights of others or violate any law.
• We may remove or restrict access to User Content that we reasonably believe violates these Terms or applicable law.

6. Trainer Features

Trainers are independent professionals who use the Service to interact with their clients. Kiptly does not verify trainer certifications, qualifications, or the content of training programs. The Service is a communication and scheduling tool; it is not a medical or professional-advice platform. Kiptly is not a party to the trainer–client relationship and is not responsible for training programs, advice, injuries, or fees arranged between trainers and clients.

7. Intellectual Property

• The Service — including source code, design, graphics, trademarks, and the "Kiptly" name — is owned by the service provider and protected by copyright, trademark, and other intellectual-property laws.
• Subject to these Terms, we grant you a limited, personal, non-transferable, non-exclusive licence to install and use the mobile application on devices you own or control and to access the website for personal use.
• If you believe content on the Service infringes your copyright, send a notice with the required information to [email protected] and we will respond without undue delay.

8. Health & Fitness Disclaimer

• Kiptly is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.
• Content and features in the Service are provided for general fitness and informational purposes only and do not constitute medical, nutritional, psychological, or professional advice.
• Before starting any exercise programme or making changes to your training, diet, or health routine, consult a qualified healthcare professional — especially if you are pregnant, nursing, a minor (the Service is available from age 16, but a qualified adult should supervise training), have a medical condition, or are taking medication.
• Physical exercise carries inherent risk of injury. You use the Service and perform any workouts at your own risk. Stop immediately and seek medical attention if you feel unwell, dizzy, or experience pain.
• Cycle-aware training recommendations are based on general research and the data you enter. They are not a diagnosis or a substitute for medical advice about your reproductive or hormonal health.

9. Warranty Disclaimer

Except as required by mandatory consumer-protection law, the Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.

10. Limitation of Liability

• To the maximum extent permitted by law, the aggregate liability of the service provider to you for all claims arising out of or relating to the Service is limited to the greater of (a) the amounts you paid for the Service in the 12 months preceding the event giving rise to the claim, or (b) one hundred euros (€100).
• To the maximum extent permitted by law, the service provider is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, even if advised of the possibility of such damages.
• Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or under mandatory consumer-protection rules in your country of residence.

11. Indemnification

You agree to defend, indemnify, and hold harmless the service provider from and against any claims, damages, losses, liabilities, and reasonable expenses (including legal fees) arising out of or related to (a) your User Content, (b) your use of the Service in breach of these Terms, or (c) your violation of any law or third-party right. This does not apply to the extent a claim results from our gross negligence or wilful misconduct.

12. Termination

• You may stop using the Service and delete your account at any time from Settings → Account → Delete Account, or by writing to [email protected].
• We may suspend or terminate your access to the Service, with or without notice, if you materially breach these Terms, if we are required to do so by law, or if continued provision of the Service to you creates a security or compliance risk. Where practicable, we will notify you and give you an opportunity to cure.
• Provisions that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and the General section — will remain in effect after termination.

13. Apple-Specific Terms (iOS Users)

The following additional terms apply when you use the iOS version of the Service. In the event of a conflict between these Apple-Specific Terms and the rest of these Terms, these Apple-Specific Terms control for iOS use only.

• These Terms are concluded between you and the service provider only, and not with Apple Inc. ("Apple"). The service provider — not Apple — is solely responsible for the Service and its content.
• The licence granted to you for the iOS application is limited to a non-transferable licence to use it on any Apple-branded product that you own or control, in accordance with the Usage Rules set forth in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide any maintenance or support services for the iOS application.
• In the event of any failure of the iOS application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the iOS application.
• The service provider, not Apple, is responsible for addressing any claims you or a third party may have relating to the iOS application, including product-liability claims, claims that the iOS application does not conform to applicable legal or regulatory requirements, and claims arising under consumer-protection or similar legislation.
• In the event of a third-party claim that the iOS application or your use of it infringes that third party's intellectual-property rights, the service provider — not Apple — is solely responsible for the investigation, defence, settlement, and discharge of the claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms with respect to the iOS application, and that Apple will have the right to enforce these Terms against you as a third-party beneficiary.

14. General

• Governing law. These Terms are governed by the laws of the Republic of Poland, excluding its conflict-of-laws rules. Nothing in this clause deprives consumers resident in the European Union or European Economic Area of the protection of mandatory consumer-protection rules of their country of residence.
• Dispute resolution. The competent courts of Poland with jurisdiction over the service provider's place of residence have exclusive jurisdiction over disputes arising out of or relating to these Terms, subject to mandatory consumer-jurisdiction rules that allow consumers to bring claims in the courts of their country of residence. EU consumers may also contact a national alternative dispute resolution body listed by their country's consumer-protection authority.
• Force majeure. The service provider is not liable for any delay or failure to perform caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemics, labour disputes, power or network failures, or acts of government.
• Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
• Entire agreement. These Terms, together with the Privacy Policy and any store-specific terms (Apple Media Services Terms, Google Play Terms of Service), constitute the entire agreement between you and the service provider regarding the Service.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of assets, or by operation of law.
• Changes to these Terms. We may update these Terms from time to time. For material changes, we will notify you at least 30 days in advance by email and an in-app notice. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
• Controlling language. These Terms are published in English, Polish, Ukrainian, and Russian. In case of any discrepancy between language versions, the English text prevails, except where mandatory consumer-protection rules of your country of residence require otherwise — in particular, Polish consumers may rely on the Polish version to the extent required by Polish law.

15. Contact

Questions about these Terms? Contact the service provider, Aliaksandr Samuseu, at [email protected].