Terms of Service
Last updated: April 20, 2026
1. Acceptance of Terms
By downloading, installing, or using the SmartGym mobile application (“the App”), or by accessing this website, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use SmartGym.
These Terms constitute a legally binding agreement between you and Rodolfo A. (Baldurion) Jaubert, operating as SmartGym Labs (“we”, “us”, or “our”), based in Katowice, Poland.
2. Eligibility
You must be at least 13 years of age to use SmartGym. By using the App, you confirm that you meet this age requirement.
If you are under 18 years of age, you must have the consent of a parent or legal guardian to use SmartGym. SmartGym is intended for personal, non-commercial use only.
3. Account Responsibilities
- You are responsible for maintaining the confidentiality of your account credentials
- You are responsible for all activities that occur under your account
- You agree to notify us immediately at contact.smartgymapp@gmail.com of any unauthorized use of your account
- You may not create an account on behalf of another person without their express permission
- You may not transfer your account to another person
⚠️ 4. Health Disclaimer — Please Read Carefully
SmartGym is a fitness application. It is NOT a medical device, healthcare service, or substitute for professional medical advice.
Before starting any new exercise program, you must consult with a qualified healthcare professional, especially if you:
- Have any pre-existing medical conditions, injuries, or chronic illnesses
- Are pregnant or postpartum
- Have cardiovascular, metabolic, or musculoskeletal conditions
- Are taking prescription medications that may affect physical activity
- Have been sedentary for an extended period
SmartGym Labs is not liable for any injury, physical harm, health consequences, or other damages resulting from the use of this App. Exercise inherently carries risk of injury. You use SmartGym entirely at your own risk.
By using SmartGym, you acknowledge and accept that:
- You have consulted with (or will consult with) a qualified healthcare professional before beginning a new exercise program
- You are physically capable of performing the exercises described in the App
- You will stop exercising and seek medical attention if you experience pain, dizziness, shortness of breath, chest discomfort, or any other concerning symptoms
- SmartGym Labs bears no responsibility for injuries that occur during or as a result of using the App
5. Smart Recommendations Disclaimer
SmartGym uses personalized diagnostics and smart analysis to generate workout routines, exercise suggestions, and fitness recommendations (“Smart Content”).
Smart recommendations and workout routines are based on general fitness principles and the information you provide. They are NOT personalized medical prescriptions, professional fitness certifications, or guaranteed safe for every individual.
You acknowledge that:
- Smart Content is generated based on your profile data and may not account for your specific physical condition, limitations, or medical history
- Smart Content should be used as a general guide, not as a replacement for advice from a certified personal trainer or healthcare professional
- You should always verify recommendations with a qualified fitness or medical professional before following them
- SmartGym Labs makes no warranties regarding the accuracy, completeness, or fitness for purpose of any Smart Content
6. Acceptable Use
You agree to use SmartGym only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Attempt to gain unauthorized access to any part of the App or its infrastructure
- Scrape, reverse engineer, decompile, or disassemble the App
- Use automated tools to extract data from the App
- Create multiple accounts to circumvent restrictions or bans
- Use the App to harass, harm, or impersonate others
- Upload or transmit malicious code, viruses, or disruptive data
- Violate any applicable law or regulation
- Use the App for any commercial purpose without our express written consent
We reserve the right to suspend or terminate accounts that violate these rules without prior notice.
7. Intellectual Property
All content within SmartGym — including but not limited to the application code, UI design, brand assets (name, logo, color scheme), text, and original training content — is the exclusive intellectual property of SmartGym Labs and is protected by applicable copyright, trademark, and other intellectual property laws.
Exercise GIF animations used within the App may be licensed from third-party content providers and are subject to their respective licenses. You may not reproduce, distribute, or use these assets outside of the App.
You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes as permitted by these Terms. No other rights are granted.
8. User-Provided Content
If you create workout routines, notes, or other content within the App, you retain ownership of that content. By submitting content, you grant SmartGym Labs a non-exclusive, royalty-free license to use, store, and process that content solely for the purpose of operating and improving the App.
We do not sell or share your personal workout data with third parties. See our Privacy Policy for details.
9. Limitation of Liability
To the maximum extent permitted by applicable Polish law and EU law:
- SmartGym Labs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses
- SmartGym Labs’ total liability for any claim arising from your use of the App shall not exceed the amount paid by you to SmartGym Labs in the 12 months preceding the claim (which is €0 if you have not made any purchases)
- These limitations apply whether the liability arises in contract, tort, negligence, strict liability, or otherwise
Nothing in these Terms limits our liability for death or personal injury caused by our negligence, or for fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Polish or EU law.
10. Disclaimer of Warranties
SmartGym is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted service.
We do not warrant that:
- The App will be error-free or uninterrupted
- Any defects will be corrected
- The App is free of viruses or other harmful components
- The results obtained from using the App will be accurate or reliable
11. Termination
We reserve the right to suspend or terminate your access to SmartGym at any time, with or without cause, and with or without notice, for any of the following reasons:
- Breach of these Terms
- Conduct we determine to be harmful to other users, to us, or to third parties
- Requests from law enforcement or government agencies
- Extended periods of inactivity
Upon termination, your right to use the App ceases immediately. Sections of these Terms that by their nature should survive termination will survive (including, but not limited to, Sections 4, 5, 7, 9, 10, and 12).
12. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Poland, without regard to conflict of law principles.
Any disputes arising from or related to these Terms or the use of SmartGym shall be subject to the exclusive jurisdiction of the courts located in Katowice, Poland.
If you are a consumer within the European Union, you may also be entitled to bring claims before the courts of your country of residence under mandatory consumer protection laws.
13. Changes to These Terms
We may revise these Terms from time to time. When we make material changes, we will notify you via:
- An in-app notification banner
- An email to your registered address (for significant changes)
- Updating the “Last updated” date at the top of this document
Your continued use of SmartGym after the effective date of the revised Terms constitutes your acceptance of the changes.
14. Contact
For any questions or concerns regarding these Terms:
SmartGym Labs Rodolfo A. (Baldurion) Jaubert Katowice, Poland