TERMS OF SERVICE

Last Updated: March 28, 2025

Welcome to WorkoutOdyssey. Please read these Terms of Service ("Terms") carefully before using the WorkoutOdyssey website and application (the "Service") operated by WorkoutOdyssey ("us", "we", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1. ACCOUNT REGISTRATION

1.1 To access certain features of the Service, you must register for an account. When you register, you will be required to provide an email address and password. You may optionally provide your name, but this is not required.

1.2 You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account.

1.3 You agree to notify us immediately of any unauthorized access to or use of your account.

1.4 You agree that all information you provide during registration and otherwise is truthful, accurate, current, and complete.

2. SERVICE DESCRIPTION

2.1 WorkoutOdyssey is a fitness tracking application that allows users to:

  • Upload workout data (including but not limited to running, walking, cycling) manually or via various file formats (including but not limited to .tcx files)
  • View a list of their workouts
  • Access statistics related to their workouts
  • View maps of workout routes

2.2 The Service may be modified, updated, or discontinued at any time without notice.

3. USER CONTENT

3.1 "User Content" refers to any data, including workout information and location data, that you upload to the Service.

3.2 By uploading User Content to the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, store, display, reproduce, and modify your User Content solely for the purpose of operating and improving the Service.

3.3 You represent and warrant that:

  • You own or have the necessary rights to your User Content
  • Your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person

4. PRIVACY

4.1 We collect and process personal information as described in our Privacy Policy, which is incorporated by reference into these Terms.

4.2 By using the Service, you consent to the collection and processing of your personal information as described in the Privacy Policy. You have the right to access, correct, and delete your personal data at any time through the Service interface or by contacting us.

4.3 Location Data: We understand that certain files you upload (such as .tcx files) may contain location data. This data is used solely for the purpose of displaying your workout routes and calculating statistics. We do not share your location data with third parties except as necessary to provide the Service.

5. ACCEPTABLE USE

5.1 You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Impersonate any person or entity
  • Upload or transmit viruses, malware, or other malicious code
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Interfere with or disrupt the Service or servers connected to the Service
  • Upload false or misleading workout data

5.2 We reserve the right, but are not obligated, to remove any User Content that violates these Terms or that we find objectionable for any reason.

6. INTELLECTUAL PROPERTY

6.1 The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of WorkoutOdyssey and its licensors.

6.2 The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

6.3 Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

7. TERMINATION

7.1 We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

7.2 Upon termination, your right to use the Service will immediately cease.

7.3 You may terminate your account at any time by contacting us or using the account deletion feature within the Service. Upon account termination, you may request the deletion of all your data, which we will process in accordance with applicable data protection laws.

7.4 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. DISCLAIMER OF WARRANTIES

8.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 We do not warrant that:

  • The Service will function uninterrupted, secure, or available at any particular time or location
  • Any errors or defects will be corrected
  • The Service is free of viruses or other harmful components
  • The results of using the Service will meet your requirements

8.3 Fitness Information: The Service provides workout tracking and statistics. This information is not intended to be medical advice and should not be relied upon as such. Consult with a healthcare professional before beginning any exercise program.

9. LIMITATION OF LIABILITY

9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WORKOUTODYSSEY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR USE OR INABILITY TO USE THE SERVICE
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE

9.2 OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. INDEMNIFICATION

10.1 You agree to defend, indemnify, and hold harmless WorkoutOdyssey, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

11. GOVERNING LAW

11.1 These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

11.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12. ARBITRATION

12.1 Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in London, England, using the English language in accordance with the rules of the London Court of International Arbitration (LCIA) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

12.2 The prevailing party in any arbitration shall be entitled to a judgment confirming the arbitration award and to recover its costs and attorney's fees.

13. CHANGES TO TERMS

13.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

13.2 We will provide notice of changes by posting the updated Terms on this page and updating the "Last Updated" date.

13.3 Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

14. ELECTRONIC COMMUNICATIONS

14.1 By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account or changes to these Terms.

14.2 You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements.

15. ENTIRE AGREEMENT

15.1 These Terms constitute the entire agreement between you and WorkoutOdyssey regarding the Service and supersede all prior and contemporaneous written or oral agreements between you and WorkoutOdyssey.

16. CONTACT US

16.1 If you have any questions about these Terms, please contact us at mariusz.las01@gmail.com.