Mechanick - Terms of Service

Welcome to Mechanick! This Terms of Service ("Terms") is a binding legal agreement between you, the user of the Mechanick mobile application ("the App"), and the owner and operator of Mechanick ("we," "us," or "our").

By creating an account, accessing, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the App.

IMPORTANT: Health & Medical Disclaimer

Your health and safety are paramount. The information provided within the Mechanick app, including workout plans, exercise suggestions, and calculations, is for informational and educational purposes only.

Not Medical Advice: Mechanick is not a medical organization and does not provide medical advice, diagnosis, or treatment. You should always consult with a qualified physician or other healthcare professional before starting any new fitness program or making changes to your diet, especially if you have a pre-existing medical condition.
Assumption of Risk: Engaging in any fitness activity involves a risk of physical injury. By using Mechanick, you acknowledge and agree that you are voluntarily participating in these activities at your own risk and assume all risk of injury to yourself.
No Liability: We are not liable for any injuries, damages, or health problems that may result from your use of, or inability to use, the App and its features.
Automated Suggestions & User Discretion: The App may generate automated suggestions for weights, repetitions, or other exercise parameters based on your past performance (the "SuggestionEngine"). These are algorithmic recommendations and DO NOT account for your daily physical condition, fatigue, stress, injury, or other real-world factors. You, the user, are solely responsible for judging your own abilities and for choosing a safe weight, intensity, and form for every exercise you perform. Never attempt a lift that feels unsafe, regardless of what the App suggests.

1. Description of Service

Mechanick is a mobile application designed to help users plan, log, and track their fitness and weightlifting workouts. Features include workout creation, exercise logging, progress statistics, and various fitness-related calculators.

2. Eligibility and Age Requirement

You must be at least 16 years of age to create an account and use the App. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this agreement.

3. User Accounts

To use Mechanick, you must create an account using a valid email address and create a password. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

4. Subscriptions & Payments

a. Subscription Plans: Mechanick offers premium features through recurring subscription plans (e.g., monthly, yearly). The specific features and pricing are detailed within the App.

b. Billing: Subscriptions are managed and billed through the Apple App Store or Google Play Store ("the App Stores"). Your payment will be charged to your App Store account at the confirmation of purchase.

c. Automatic Renewal: Your subscription will automatically renew for the same duration and price unless you cancel it at least 24 hours before the end of the current subscription period.

d. Cancellation: You must cancel your subscription through your App Store account settings. Deleting the App will not cancel your subscription.

e. Special Offers: We may, from time to time, offer special promotional plans such as an "Early Bird" package. The terms and availability of these offers are at our sole discretion and may be discontinued for new users at any time. Users who subscribe under a special offer will retain their plan's terms for as long as their subscription remains active.

f. Refunds: All payments are non-refundable to the fullest extent permitted by law. Any refund requests must be directed to the respective App Store where the purchase was made.

5. User-Generated Content

You are solely responsible for the information, such as workout logs and bodyweight entries, that you create within the App ("User Content"). You retain all ownership rights to your User Content. However, by using the App, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and analyze this data in an anonymized and aggregated form for the purpose of improving and operating the service.

6. Accuracy of Information Disclaimer

The tools and suggestions provided within Mechanick, including but not limited to automated workout suggestions, the e1RM (Estimated One-Rep Max) Tracker, the Body Fat Calculator, and the Weight Goal Calculator, are provided for informational purposes only. These calculations and suggestions are approximations and estimates. They are not precise scientific measurements and should not be treated as such. Results can vary significantly based on individual factors. We make no guarantees as to the accuracy or safety of these tools and suggestions.

7. Intellectual Property

All content, branding, logos, and software associated with the Mechanick app are the exclusive property of the App's owner. You may not copy, modify, distribute, sell, or lease any part of our service or software.

8. User Conduct

You agree not to use the App for any unlawful purpose or to engage in any activity that could harm the App, its services, or its users.

9. Privacy

Your privacy is important to us. Our collection and use of your personal data are described in our Privacy Policy. Please review it carefully.

10. Communications

By creating an account, you agree that we may send you communications to your provided email address. These communications may include:

Essential Communications: Important notices, such as changes to these Terms of Service or our Privacy Policy.
Optional Communications: Occasional emails regarding product updates, feedback requests, or user surveys to help us improve the App. You will have the option to opt-out of these optional communications.

11. Disclaimer of Warranties

THE APP AND ITS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE 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 (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

13. Indemnification

You agree to indemnify and hold harmless Mechanick and its owner from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the App, or your violation of these Terms.

14. Termination and Data Deletion

a. Termination by Us: We reserve the right to suspend or terminate your account and access to the App at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the App, us, or third parties, or for any other reason.

b. Your Right to Deletion: You have the right to request the permanent deletion of your account and all associated personal data.

c. Deletion Process: To request data deletion, you must contact us at nick@mechanick.app from the email address associated with your account. Upon verifying your request, we will permanently delete your personal data from our systems. This includes your account details, workout history, custom workouts, bodyweight logs, and all other personally identifiable information stored on our servers.

d. Scope of Deletion: Please note that this deletion process does not include anonymized usage data collected by our analytics services, as this data is not tied to your personal identity and cannot be used to identify you.

e. Effect of Deletion: Fulfilling a data deletion request will result in the permanent termination of your account. You will no longer be able to access the service with that account, and this action cannot be undone.

15. Dispute Resolution

Any dispute arising from these Terms or your use of the App will be resolved through binding arbitration, rather than in court. The arbitration will be conducted in St. John's, Newfoundland and Labrador, Canada.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the province of Newfoundland and Labrador, Canada, without regard to its conflict of law provisions.

17. Changes to These Terms

We may modify these Terms from time to time. We will notify you of any changes by posting the new Terms within the App or by other communication methods. Your continued use of the App after such changes constitutes your acceptance of the new Terms.

18. Contact Us

If you have any questions about these Terms, please contact us at: nick@mechanick.app