Terms of Service

1. Acceptance of Terms

By creating an account, downloading, installing, or using the Open Workout application, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these terms, you must not use our Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes through the app or via email. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Medical Disclaimer and Health Information

2.1 No Medical Advice

OpenWorkout does not provide medical advice, diagnosis, or treatment recommendations. We are not licensed medical professionals, and nothing in our Service should be construed as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine, nutrition, or any other professional healthcare advice. The Services do not contain or constitute medical advice and are not intended as a substitute for the advice provided by a qualified and licensed healthcare professional.

All fitness and health information provided through our Service is for educational and tracking purposes only. Individual results may vary significantly, and we make no representations, warranties, or guarantees about specific health outcomes, fitness results, or the effectiveness of any workout programs or exercises tracked through our application.

2.2 Consult Healthcare Professionals

You are solely responsible for developing and implementing your own exercise programs and workout routines. If you are unsure about the safety or appropriateness of any exercise or fitness activity, you should seek advice from qualified healthcare professionals or certified fitness instructors. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read or accessed through our Service.

It is especially important to seek professional medical advice if you have pre-existing medical conditions, injuries, or physical limitations. You should also consult healthcare professionals if you experience any unusual symptoms during or after exercise, including but not limited to pain, discomfort, nausea, dizziness, light-headedness, fatigue, or shortness of breath.

In case of a medical emergency, stop exercising immediately and call your physician or emergency services. Do not use our Service for emergency medical needs or urgent health situations.

2.3 Assumption of Health and Fitness Risks

You expressly acknowledge and agree that athletic and fitness activities carry certain inherent and significant risks of property damage, bodily injury, disability, or death. These risks include but are not limited to injuries from improper form, overexertion, falls, equipment failure or malfunction, and interactions with other gym users or environments. By using our Service, you voluntarily assume all known and unknown risks associated with physical exercise and fitness activities.

You are solely responsible for assessing your own physical condition and capability before engaging in any exercise or fitness activity. You must evaluate whether any workout, exercise, or fitness program is appropriate for your current fitness level, health status, and physical limitations. You are also responsible for inspecting any equipment before use and ensuring your exercise environment is safe. We do not assume any responsibility for the supervision of your athletic or fitness activities.

2.4 Data Accuracy Limitations

The fitness tracking data, metrics, and calculations provided by our Service may not be 100% accurate and should not be relied upon for medical decisions or as a basis for medical treatment. We do not validate, verify, or guarantee the accuracy of any user-entered information, including weight, repetitions, duration, or other workout data.

All workout metrics, progress tracking, performance data, and any calculated values such as one-rep max calculations are estimates provided for general guidance and motivational purposes only. Our app does not measure vital signs, provide diagnostic health data, or offer medical-grade monitoring of any health parameters. You should not use the information provided by our Service as a basis for diagnosing or treating a health problem or disease.

2.5 Third-Party Content Disclaimer

Any workout programs, exercises, or fitness advice shared by other users through our social features are not endorsed or verified by OpenWorkout. We do not review, approve, or validate the safety or effectiveness of user-generated workout content. You should independently verify the safety and appropriateness of any exercises or workout programs before attempting them, and always consult with qualified fitness professionals if you are unsure about proper form or technique.

3. User Accounts and Account Management

3.1 Account Creation and Security

You must create an account using accurate, complete, and current information about yourself. You are solely responsible for maintaining the confidentiality and security of your login credentials, including your password. You must restrict access to your account and accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. One person may not maintain multiple accounts.

3.2 Eligibility Requirements

You must be at least the minimum age required in your state, province, country or other governmental jurisdiction. The products and services we provide are not intended for and is not designed to attract children under 13 years of age. . Users under 18 must have parental consent to use our Service. You must have the legal capacity to enter into this agreement and must not be prohibited from using our Service under any applicable laws. You must be of legal age to form a binding contract and not be barred from receiving services under applicable laws.

3.3 Account Termination by You

You may delete your account at any time through the app settings. Account deletion will permanently remove your data within 30 days. Deletion cannot be undone once the process is complete.

3.4 Account Termination by Us

We may suspend or terminate your account if you violate these Terms of Service. Clauses for such termination include, but not be limited to, engage in harmful or abusive behavior toward other users, use the Service for illegal or prohibited purposes, create multiple accounts or attempt to circumvent restrictions, fail to respond to reasonable requests for information or verification, or remain inactive for extended periods. We may revoke your access to and use of the Service at any time, with or without cause. Upon termination, your access to the Service will be removed, and your user information and content may be deleted.

4. Acceptable Use and User Responsibilities

4.1 Permitted Uses

OpenWorkout is licensed for personal, non-commercial use for fitness tracking and social fitness sharing. You may track your personal workout sessions and progress, share your workouts with other users through our social features, create and use workout templates for personal use, and interact with other users' content through likes and comments.

4.2 Prohibited Activities

You agree not to use our Service for any unlawful purposes or in violation of any local, state, national, or international law, commercial purposes without our explicit written permission, harassment, abuse, or harm to other users or their privacy, sharing false, misleading, or harmful fitness information, reverse engineering, decompiling, or attempting to extract source code, interfering with or disrupting our servers or networks, creating automated accounts or using bots, or collecting or harvesting user information without consent.

4.3 User Safety Responsibilities

You acknowledge and agree that you are solely responsible for your physical safety during any exercise or fitness activities, assessing your own fitness level and physical limitations, using proper form and technique during exercises to avoid injury, ensuring you have appropriate medical clearance for exercise, stopping exercise immediately if you feel pain or discomfort, the accuracy of any health or fitness data you input, and verifying the safety and appropriateness of any workout plans.

5. Data, Privacy, and User Content

5.1 Health Data Collection and Processing

Our app collects and processes fitness and health-related information as described in our Privacy Policy, including but not limited to workout sessions, exercises, sets, and repetitions, weight lifted, duration, and distance measurements, and workout notes and performance comments. This data is used solely to improve your fitness tracking experience and is not used for advertising, marketing, or data-mining purposes.

5.2 User-Generated Content and Social Features

When you share workout data, comments, or other content through our social features, you retain ownership of your original content but grant us a non-exclusive, worldwide license to display, store, and share your content within our Service. You are responsible for ensuring your content does not violate others' rights, and you must not post content that is harmful, offensive, misleading, unlawful, or otherwise inappropriate. We have no obligation to retain your content and may remove content at any time without notice.

5.3 Privacy Controls and Data Management

You can control the visibility of your workouts (public or private), manage who can follow you and see your content, block or report inappropriate user behavior, and delete your shared content at any time through the app. You can export your workout data in a portable format and can delete your content at any time through the app. Account deletion will permanently remove your data within 30 days, and this process cannot be undone once complete.

6. Liability Limitations, Disclaimers, and Indemnification

6.1 Assumption of Risk

You acknowledge and agree that physical exercise and fitness activities carry inherent risks of injury. You voluntarily assume all risks associated with using our fitness tracking app. We cannot and do not guarantee any specific health or fitness outcomes. You are responsible for assessing your own fitness level and abilities, and you will not hold us liable for any injuries sustained during exercise.

6.2 Service Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose. We do not warrant that the Service will be uninterrupted, error-free, or completely secure, and we are not responsible for any technical issues, data loss, or service interruptions.

6.3 Limitation of Liability

To the maximum extent permitted by applicable law, we disclaim all liability and shall not be liable for any damages whatsoever, whether direct, indirect, incidental, special, consequential, or punitive, arising from your use of the Service. We are not liable for any physical injuries, health conditions, or damages resulting from your use of the Service. These limitations apply even if we have been advised of the possibility of such damages.

6.4 Indemnification

You agree to indemnify, defend, and hold harmless OpenWorkout, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service, your violation of any term of these Terms of Service, your violation of any third party right (including without limitation any copyright, property, or privacy right), any claim that your content caused damage to a third party, any injuries or damages sustained during exercise or fitness activities, and your use of any fitness information, workout plans, or health data from our Service.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The OpenWorkout app, including its design, functionality, features, and content, is protected by copyright, trademark, and other intellectual property laws. You acknowledge that we retain all rights, title, and interest in the Service. You may not copy, modify, distribute, or create derivative works. You may not remove any copyright or proprietary notices. You receive only a limited license to use the Service as intended.

8.2 Your Content Rights

You retain ownership of your original workout data. You grant us a non-exclusive license to use your content within our Service. You can export your workout data in a portable format and can delete your content at any time through the app.

7. Service Terms and Platform Compliance

7.1 Service Modifications and Availability

We may modify, suspend, or discontinue any part of our Service at any time. We may add new features, remove existing features, or change functionality. We will provide reasonable notice of significant changes when possible, and continued use after changes constitutes acceptance of the modified Service. We strive to maintain high availability but cannot guarantee uninterrupted access. Maintenance, updates, and technical issues may cause temporary interruptions. We are not liable for any downtime or service interruptions. Your workout data is regularly backed up to prevent data loss.

7.2 App Store Compliance

This agreement complies with app store requirements and acknowledges that app store platforms (including Apple App Store, Google Play Store, and other distribution platforms) are not parties to this agreement and have no responsibility for the Service. App store platforms are not responsible for addressing any claims relating to the app. In case of any third-party claim that our app infringes intellectual property rights, we, not the app store platforms, are responsible. You acknowledge the app store platforms' third-party beneficiary rights to enforce these terms. These terms do not limit the app store platforms' rights under their respective Terms and Conditions.

9. Governing Law and Dispute Resolution

These Terms of Service are governed by and construed in accordance with applicable laws. Any disputes arising from these terms or your use of our Service will be resolved through good faith negotiation between the parties as a first step, binding arbitration if negotiation fails (conducted in accordance with applicable arbitration rules), individual claims only (no class action lawsuits or collective proceedings), and jurisdiction and venue appropriate to your location and applicable laws.

10. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

These Terms of Service, together with our Privacy Policy, constitute the complete and exclusive agreement between you and OpenWorkout regarding the Service and supersede any prior agreements.

11. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us through our contact form in the contact section of this site. Our response time for inquiries is within 5 business days but this can be subject to change depending on the amount of requests we receive.