These Terms of Service ("Terms") govern your use of WHAM (the "App," "we," "us," "our"). By creating an account or using the App, you agree to these Terms. If you don't agree, don't use the App.
01 Eligibility
You must be at least 13 years old (or the minimum age required in your territory) to use WHAM. If you're under 18, you need a parent or guardian's permission. By using the App, you confirm you meet these requirements.
02 Your account
- You're responsible for keeping your account credentials secure and for anything that happens under your account.
- You can delete your account at any time from within the App (Settings → Account → Delete account) — see our Privacy Policy for exactly what that removes.
- We can suspend or terminate an account that violates these Terms — see Termination.
03 The service
WHAM is a workout-tracking app: logging exercises, sets, and reps; a visual gym-floor interface; progress and strength stats; and optional social features (friends, an activity feed, direct and group messages, challenges, and topic forums). Core logging and history work fully offline; social features and cross-device sync require an account and a connection.
We may add, change, or remove features over time, including ones you rely on. We'll try not to do that abruptly for anything central to the App, but we don't promise any specific feature will exist forever.
04 Your content, and the rules for using it
It's still yours
Anything you post, upload, or log — workout data, photos, videos, comments, messages, profile info — is yours. By posting or sharing anything visible to others (a feed post, a comment, a shared profile picture), you grant us a worldwide, non-exclusive, royalty-free license to host, store, display, and distribute it within the App, solely to operate and provide the service to you and the people you've shared it with. That license ends when you delete the content or your account, except where a copy reasonably persists for a short time in backups.
What you can't do
You agree not to:
- Post content that's illegal, harassing, hateful, sexually explicit involving minors, or that infringes someone else's rights (including copyright — see Copyright).
- Impersonate someone else, or misrepresent your affiliation with a person or entity.
- Harass, bully, or threaten other users.
- Attempt to access another user's account, or the App's backend systems, without authorization.
- Scrape, reverse-engineer, or use automated means to access the App outside its normal interfaces.
- Use the App to spam, defraud, or upload malware.
We have zero tolerance for objectionable content or abusive behavior — see the next section for how that's enforced.
05 Moderation, reporting, and blocking
- Any post or comment can be reported directly from the feed.
- Any user can be blocked directly, which immediately hides their content from you.
- We review reports and may remove content, restrict a feature, or suspend or terminate an account that violates these Terms — at our discretion, and without prior notice for serious violations.
- If our in-app tools don't cover something, contact us at the address in Contact.
06 Copyright (DMCA / UK hosting defence)
We respect intellectual property rights and expect users to do the same.
United States — DMCA
If you believe content on WHAM infringes your copyright, send a notice to our designated agent with: (1) a description of the copyrighted work; (2) the location of the material in the App; (3) your contact details; (4) a statement that you have a good-faith belief the use is unauthorized; and (5) a statement, under penalty of perjury, that the notice is accurate and you're authorized to act on the copyright owner's behalf.
Designated DMCA agent: gymtrackapp25@gmail.com — registered with the U.S. Copyright Office's DMCA Designated Agent Directory.
United Kingdom / EU
For users and rights holders outside the US: we operate a notice-and-takedown process consistent with the hosting defence under the UK's Electronic Commerce (EC Directive) Regulations 2002 (and the equivalent EU e-Commerce framework) — once we have actual knowledge of infringing content, we act promptly to remove or disable access to it. Send notices to the same address above.
We may remove content and, for repeat infringement, terminate the responsible account.
07 Health and fitness disclaimer
WHAM is not a medical device and does not provide medical advice. Talk to a physician before starting any exercise program, especially if you have an existing health condition.
- Exercise carries inherent risk of injury. Weight, rep, and calorie figures — including anything derived from Apple Health — are estimates for your own reference, not clinical measurements.
- You use the App, and act on anything it shows you, entirely at your own risk. You're responsible for exercising within your own physical limits and for stopping if something feels wrong.
- Content posted by other users (including anything shared to the feed or in messages) is their opinion, not advice we've reviewed or endorsed.
08 Subscriptions and purchases
The core App — logging workouts, your history, the gym floor and the social features — is free. Optional paid subscriptions unlock extra features:
- WHAM Pro — monthly or yearly — includes the AI Coach (weekly plans and coach chat), Race Prep training plans and other premium features shown in the App.
- WHAM Pro Plus — monthly or yearly — everything in WHAM Pro, plus a much higher monthly coach-chat allowance.
The current price, billing period and any free-trial length for each plan are shown in the App before you subscribe, in your local currency.
- Payment. Subscriptions are purchased through Apple's In-App Purchase system and charged to your Apple ID at confirmation of purchase — or, if the plan has a free trial, when the trial ends. We never see or store your payment details.
- Auto-renewal. A subscription renews automatically for the same period and price unless it is cancelled at least 24 hours before the end of the current period. Your Apple ID is charged for renewal within the 24 hours before the current period ends.
- Free trials. Any unused portion of a free trial ends when you buy a subscription. A free trial can only be used once per subscription group.
- Managing and cancelling. You can manage or cancel a subscription at any time in your device's Settings → Apple ID → Subscriptions. Cancelling stops the next renewal; you keep access until the end of the period you've paid for.
- Upgrading. Moving from WHAM Pro to WHAM Pro Plus takes effect immediately; Apple refunds the unused part of your current period proportionally.
- Refunds. Refunds are handled by Apple under its own policies (reportaproblem.apple.com), not by us directly.
- Changes. If a subscription's price changes, Apple will tell you in advance and, where the law requires, ask for your consent before renewing at the new price.
09 Our intellectual property
The App itself — its design, code, the WHAM name and logo, and everything we've created that isn't your content — belongs to us or our licensors. These Terms give you a personal, non-transferable, non-exclusive license to use the App for its intended purpose. You may not copy, modify, distribute, sell, or reverse-engineer any part of the App itself.
10 Third-party services
WHAM relies on third-party services to operate (Supabase, Apple HealthKit and Speech Recognition, Giphy, Sentry, PostHog, Apple's App Store) — see our Privacy Policy for what each one does and what data it sees. Those services have their own terms, which apply to your use of them where relevant.
11 Disclaimer of warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DON'T WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DATA (INCLUDING YOUR LOGGED WORKOUTS) WILL NEVER BE LOST. Nothing in this section limits any consumer rights you have that can't be excluded under the law of your country of residence.
12 Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF THE APP — INCLUDING ANY INJURY ARISING FROM EXERCISE UNDERTAKEN USING INFORMATION FROM THE APP (SEE HEALTH AND FITNESS DISCLAIMER). OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) £50 / $50. This section doesn't limit liability that can't be limited under the law of your country of residence — including, in the UK/EU, liability for death or personal injury caused by negligence, or for fraud.
13 Indemnification
You agree to defend and indemnify us against any claim arising from your violation of these Terms, your content, or your misuse of the App — except to the extent the claim arises from our own violation of these Terms or applicable law.
14 Disputes: arbitration and class action waiver
This section doesn't apply to you if you're a consumer habitually resident in the UK or EU/EEA — for you, this section is void, and disputes are handled under Governing Law in the ordinary courts of your own country instead, as required by UK/EU consumer protection law.
For everyone else: any dispute arising from these Terms or the App will be resolved by binding individual arbitration, not in court, except that either party may bring an individual claim in small-claims court. There is no right or authority for any dispute to be brought as a class, consolidated, or representative action. You and we both waive any right to a jury trial.
Opt out: you can opt out of this arbitration agreement by emailing gymtrackapp25@gmail.com with your name and a clear statement that you're opting out, within 30 days of first agreeing to these Terms. Opting out doesn't affect any other part of these Terms.
15 Governing law
These Terms are governed by the laws of England and Wales, without regard to conflict-of-law principles — except that if you're a consumer, you also keep whatever protections the mandatory law of your own country of residence gives you, and nothing here removes your right to bring proceedings in your local courts where consumer law guarantees that right.
17 Changes to these Terms
We may update these Terms as the App evolves. Material changes will be reflected here with an updated "Last updated" date, and where practical we'll flag significant changes in-app. Continuing to use the App after a change means you accept the update.
18 Miscellaneous
- If any part of these Terms is found unenforceable, the rest stays in effect.
- Our failure to enforce a provision isn't a waiver of it.
- You can't transfer your rights under these Terms without our consent; we may transfer ours as part of a merger, acquisition, or sale of assets.
- These Terms, together with our Privacy Policy, are the entire agreement between you and us about the App.
19 Apple App Store terms
If you downloaded WHAM from Apple's App Store, the following also applies, and takes precedence over anything in these Terms that conflicts with it:
- Parties. These Terms are between you and us only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.
- Scope of licence. Your licence to use the App is limited to a non-transferable licence to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
- Maintenance and support. We are solely responsible for providing any maintenance and support for the App, as set out in these Terms or required by law. Apple has no obligation whatsoever to provide any maintenance or support services for the App.
- Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility.
- Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the App's use of HealthKit.
- Intellectual property. If any third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
- Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer contact. Questions, complaints or claims about the App should be sent to us at the address in Contact.
- Third-party terms. You must comply with any applicable third-party terms of agreement when using the App.
- Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.