Optimized Strength

Effective: February 04, 2024

Terms & Conditions

Please read these terms carefully before using the Optimized Strength app or the gym management dashboard.

App User Terms

By downloading or using the app, these terms will automatically apply to you — you should make sure therefore that you read them carefully before using the app. You're not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You're not allowed to attempt to extract the source code of the app, and you also shouldn't try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to Shahan Ahmed.

Shahan Ahmed is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you're paying for.

The Optimized Strength app stores and processes personal data that you have provided to us, to provide the Service. It's your responsibility to keep your phone and access to the app secure. We recommend that you do not jailbreak or root your phone, as this could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and could mean that the Optimized Strength app won't work properly or at all.

Third-Party Services

The app does use third-party services that declare their own Terms and Conditions:

  • Google Play Services
  • AdMob
  • Firebase Crashlytics
  • Mixpanel
  • RevenueCat

Internet Connection

Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but Shahan Ahmed cannot take responsibility for the app not working at full functionality if you don't have access to Wi-Fi and you don't have any of your data allowance left.

If you're using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. You may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges, including roaming data charges if you use the app outside of your home territory without turning off data roaming.

Limitations of Liability

Shahan Ahmed cannot always take responsibility for the way you use the app. You need to make sure that your device stays charged — if it runs out of battery and you can't turn it on to avail the Service, Shahan Ahmed cannot accept responsibility.

Although we endeavor to ensure that the app is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Shahan Ahmed accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

Updates and Termination

The app is currently available on Android & iOS. The requirements for both systems may change, and you'll need to download the updates if you want to keep using the app. We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Gym Dashboard & Admin Terms

These additional terms apply to gym owners, operators, and any person granted access to the Optimized Strength gym management dashboard (the “Dashboard”). By activating or using the Dashboard you agree to these terms in addition to the App User Terms above.

Account Responsibility

You are responsible for maintaining the confidentiality of your Dashboard credentials. All activity that occurs under your account is your responsibility. You must immediately notify us of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your credentials.

You may grant access to staff members within your organization. Each staff member must be an authorized representative of your gym. You are responsible for the actions of all users you grant access to.

Member Data and Data Processing

In using the Dashboard, you will process personal data belonging to your gym members (including but not limited to names, contact details, attendance records, and payment information). You are the data controller for your members' data. We act as a data processor on your behalf.

You represent and warrant that you have obtained all necessary consents and authorizations from your gym members to collect and process their personal data, and that your use of the Dashboard complies with all applicable data protection laws in your jurisdiction. You agree not to upload or process any data you are not legally authorized to handle.

Acceptable Use

You agree not to use the Dashboard to:

  • Violate any applicable laws or regulations
  • Engage in any fraudulent, deceptive, or misleading activity
  • Harvest or collect member data beyond what is needed for gym management
  • Sell, rent, or transfer member data to third parties without member consent
  • Attempt to reverse-engineer, scrape, or create derivative works from the Dashboard
  • Share your Dashboard access credentials with parties outside your organization

Billing and Payments

The Dashboard may be subject to subscription fees communicated to you at sign-up or during a demo. All fees are non-refundable except where required by law. We reserve the right to change pricing with at least 14 days' notice. Failure to pay fees may result in suspension or termination of Dashboard access.

Service Availability

We strive to keep the Dashboard available at all times but do not guarantee uninterrupted, error-free operation. Scheduled and emergency maintenance may occasionally make the Dashboard unavailable. We will not be liable for any losses arising from downtime or interruptions.

Intellectual Property

All intellectual property in the Dashboard, including its design, features, and underlying technology, belongs to Optimized Strength OS. You are granted a limited, non-exclusive, non-transferable license to use the Dashboard solely for your gym's internal management purposes during the term of your subscription.

Limitation of Liability

To the maximum extent permitted by applicable law, Optimized Strength OS shall not 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 use of or inability to use the Dashboard; (b) any unauthorized access to or use of your account; or (c) any third-party conduct on the Dashboard.

Our total liability to you for any claim arising under these terms shall not exceed the total fees paid by you to us in the three months preceding the claim.

Termination

Either party may terminate Dashboard access at any time. Upon termination, your access to the Dashboard will cease. We will retain your gym's data for a reasonable period following termination to allow you to export it, after which it will be deleted in accordance with our data retention policy.

We reserve the right to suspend or terminate your Dashboard access immediately and without notice if you breach these terms or engage in conduct that we determine is harmful to other users, us, or third parties.

Changes to These Terms

We may update our Terms and Conditions from time to time. You are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at developer@optimizedstrength.app.