Terms of Use iHustle

PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms of Use cover important information about the Platform's subscriptions and functionality. Your subscription is governed by these Terms of Use.

Welcome to iHustle!

These Terms of Use ("Terms") apply to your use (and subscription) of the website www.ihustle.app ("Website"), the iHustle mobile application ("iHustle Personal Trainer"), including its companion Apple Watch app, widgets, and Live Activity features, or any of our services, all of which are part of the iHustle platform ("Platform").

These Terms of Use constitute a legal agreement between you ("User," "you," or "your") and TECHXAI SRL, headquartered in Oradea, Strada Iuliu Maniu nr. 22, Romania, registered with the Romanian Trade Registry under no. J05/2032/2022, unique registration code RO46480098 ("iHustle," "we," "us," or "our") and replace any terms and conditions of service you previously accepted with iHustle in connection with the Platform. Your access to and use of the Platform constitutes your agreement to be bound by these Terms of Use. Offering the Platform to you is conditioned upon your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you should not access or use the Platform.

In addition to these general terms and conditions, regarding registration and the contract formation process for In-App purchases, we use services provided by independent third parties, such as the distribution platform used for downloading iHustle App, namely Apple App Store (hereinafter referred to as "App Store"). Third-party services are not services provided by us - iHustle and may be subject to their own Terms and Conditions of use, which will be appropriately identified. In case of contradictions, the terms and conditions of the Third-Party Provider will prevail. The Third-Party Provider of the App Store does not become a contractual party concerning the use of iHustle.

These Terms are available in Romanian and in English. In the event of any discrepancy between the versions, the Romanian version prevails for consumers residing in Romania.

For more details on iHustle's privacy practices, please refer to our Privacy Policy.

1. User

1.1 Eligibility

To use the iHustle Platform, you must be at least 16 years old. If you are under 18, you must have permission from a parent or legal guardian to use the iHustle Platform, and they must agree to these Terms on your behalf. By accessing or using the iHustle Platform, you represent and warrant that you meet this age requirement, have the full capacity to accept these Terms of Use, and have not been previously suspended or removed from using the Platform.

1.2 Account Registration

To access the features of the iHustle Platform, you must create an account. An account may be created with your email address and a password (confirmed via a one-time code sent to your email), through Sign in with Apple, or using passkeys. By creating an account, you confirm that you accept these Terms and our Privacy Policy. You agree to:

Provide accurate, complete, and up-to-date information during the registration process. If we determine that the information you provided during registration is false, incomplete, or outdated, we may suspend or terminate your account without notice and refuse any current or future use of the Platform.

Maintain the security of your account and promptly notify us of any unauthorized use or security breach.

Take full responsibility for all activities that occur under your account.

Acknowledge that we may limit the number of accounts per person.

Understand that we reserve the right to refuse to create a User account for you.

1.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to:

Choose a strong password and not share your account details with others.

Take appropriate measures to prevent unauthorized access to your account.

Notify us immediately if you discover or suspect any security breach related to your account.

1.4 User Conduct

You agree to use the iHustle Platform responsibly and to:

Comply with all applicable laws and regulations.

Respect intellectual property rights and not infringe on the rights of others.

Not engage in activities that disrupt or interfere with the operation of the iHustle Platform.

1.5 Account Deletion by the User

You may delete your account at any time, directly in the app (Profile → Terms & Privacy → Delete Account) or by contacting us at admin@ihustle.app. Account deletion is permanent and results in the deletion of your personal data as described in our Privacy Policy. Deleting your account does not automatically cancel a subscription purchased through the App Store; the subscription must be cancelled separately in the subscription settings of your Apple account, otherwise Apple may continue billing you.

2. Subscription

2.1 Subscription Plans

The Platform operates on a subscription basis. The subscription plans (for example monthly or annual), prices, and billing periods are those displayed in the app or on the Website at the time of purchase and may vary based on promotions or geographical location. By subscribing to iHustle, you gain access to personalized workouts, nutrition plans, progress tracking features, and community features. We may, at our discretion, make a limited portion of content available free of charge (for example the first workout of a collection). Upon purchasing a subscription plan and processing payment, you will gain instant access to the subscription plan.

2.2 Free Trial

We may offer free trial periods. Unless you cancel before the end of the trial period, the trial automatically converts into a paid subscription and payment will be charged at the rate displayed when the trial was activated. We reserve the right to modify or withdraw free trial offers at any time.

2.3 Payment

In-app purchases are made through the App Store, are billed by Apple, and are subject to Apple's terms and conditions. Please refer to these details for more information about the App Store's policies and procedures. Orders placed on our website www.ihustle.app (where this option is available) are billed directly by iHustle and processed through an external payment processor; iHustle does not store your full card details. If we encounter payment issues and the transaction is not completed, we reserve the right to suspend your access to the subscription plan until the transaction is successfully completed. You agree to pay all fees and charges associated with your subscription and to provide accurate and valid payment information.

2.4 Renewal and Cancellation

Subscriptions will automatically renew at the end of each billing period unless canceled. Subscriptions purchased through the App Store are cancelled in the subscription settings of your Apple account, at least 24 hours before the end of the current billing period. Subscriptions purchased on the Website are cancelled in your iHustle account settings. Cancellations will take effect at the end of the current billing period, and you will not be charged for subsequent periods; until then you retain access to paid content.

2.5 Refunds and Right of Withdrawal

For purchases made through the App Store, refunds are handled exclusively by Apple in accordance with Apple's policies; refund requests must be addressed directly to Apple. For purchases made on the Website, if you are a consumer in the European Union, you generally have a 14-day right of withdrawal for distance contracts. In the case of digital content, by requesting immediate access to the Platform and confirming that you understand you thereby lose your right of withdrawal, you consent to the performance of the contract beginning before the expiry of the withdrawal period, and the right of withdrawal is lost in accordance with applicable law (Romanian GEO no. 34/2014 and Directive 2011/83/EU). Otherwise, to the maximum extent permitted by law, payments are non-refundable. Your statutory consumer rights, including legal conformity guarantees for digital content, are not affected.

2.6 Promotional and Affiliate Codes

We may offer promotional codes, discount codes, or affiliate/influencer codes granting discounts or special subscription conditions. Such codes are subject to the specific conditions communicated at the time of the offer, are generally single-use, non-transferable, and have no cash value. We reserve the right to withdraw or cancel codes in the event of abusive or fraudulent use or use contrary to the conditions of the offer.

2.7 Changes to Subscription Fees

We reserve the right to change our subscription plans or adjust prices for our service at any time. Any changes will be communicated to you and will take effect at the beginning of the next billing cycle. For subscriptions purchased through the App Store, price changes apply in accordance with App Store rules, which may require your express consent.

2.8 Payment Disputes

If you believe there has been a billing error or have any disputes regarding charges, you must contact us within 30 days of the transaction date. You can reach our support team at admin@ihustle.app. When contacting us, please provide:

Your full name and registered email address.

Transaction details, including date and amount.

A description of the issue and any supporting documentation.

3. Use of the Platform

3.1 Personalized Training and Nutrition Plans

iHustle provides personalized training and nutrition plans based on the information you provide. When you create your account and afterwards, we may ask you questions about your goals, fitness level, and health status (for example heart or blood pressure conditions, breathing conditions, pain or injuries, recent pregnancy). Your answers are used exclusively to personalize content and do not constitute a medical assessment, screening, or opinion; iHustle does not provide medical services.

The Platform's training programs and nutrition recommendations are designed primarily for women, including calorie targets, which are calculated using formulas intended for women. If this profile does not apply to you, the recommendations may not be suitable for you.

Consult a professional physician before using the iHustle Platform or starting any fitness or nutrition program, especially if you have pre-existing health conditions. Stop immediately if you experience any pain or discomfort during exercise and seek medical advice. If you have any questions about your physical or mental condition, consult your doctor before using the iHustle Platform.

These plans are informational and do not replace professional medical advice, diagnosis, or treatment. Always seek your doctor's advice with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on the iHustle Platform.

3.2 Progress Tracking Features

The iHustle Platform offers various tracking features to monitor your fitness progress, including:

Workout Overview: View summaries of workouts and analyze progress.

Weight Tracking: Monitor changes in your weight over time by regularly recording your weight.

Body Progress Tracking: Upload and compare photos to visualize physical changes and track progress.

Apple Watch and Apple Health integration: With your permission, the app can record workouts and read data such as heart rate, active calories, steps, and distance. These values are estimates generated by consumer devices and do not constitute medical measurements.

Planner: Organize your weekly training schedule.

Nutrition diary: Log meals, water, and calorie goals. When you scan a barcode, the barcode is sent to the Open Food Facts service to identify the product.

3.3 Community

The Platform includes community features (discussion channels, messages, images, articles) where you can interact with other Users and the iHustle team. By using the community, you agree that:

Content you post (including messages, images and, if you so choose, progress photos or workout results) is visible to the other members of the relevant channel. Sharing progress photos in the community is entirely your choice.

You will follow the community guidelines accepted when activating your community profile and behave respectfully towards other members.

We may, at our discretion, remove content, temporarily restrict (mute), suspend, or ban Users who violate these Terms or the community guidelines from the community, and keep records of reports and moderation measures.

You can report inappropriate content or behavior directly in the app or at admin@ihustle.app.

3.4 User Content

You retain ownership of any content you upload, submit, or display on the iHustle Platform ("User Content"). By posting User Content on the iHustle Platform, you grant iHustle a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the operation and promotion of iHustle.

3.5 User Responsibilities

You agree not to upload, post, or transmit any User Content that:

Violates any law or regulation.

Infringes on the intellectual property rights or other rights of others.

Contains viruses, malicious codes, worms, Trojan horses, defects, time bombs, time locks, destructive elements, or other harmful content.

Is defamatory, obscene, pornographic, offensive, or promotes discrimination, hatred, or harm against any person or group.

Contains false or misleading information or impersonates any other person or entity.

Harasses, intimidates, or abuses another User of the Platform.

3.6 Review and Monitoring

iHustle does not actively monitor User Content but reserves the right to review and remove any User Content that, in our discretion, violates these Terms or is otherwise unacceptable. iHustle may take any of the following actions at its discretion:

Remove or disable access to User Content.

Restrict your access to the community features.

Terminate or suspend your account.

Report User Content to legal authorities if it violates any law or regulation.

3.7 Casting to TV

The Platform allows you to cast workout content to compatible TVs (for example via Google Cast technology), using your local network. Use of this feature is also subject to the terms of the casting technology provider. You are responsible for content displayed on screens that are shared with or visible to other people.

3.8 Offline Content

Certain materials (for example videos and content lists) may be temporarily stored on your device for offline use. Such content remains the property of iHustle or its licensors, is licensed, not sold, and may be removed from your device upon logout, termination of your subscription, or an app update.

4. Availability of Services and Security

4.1 Availability of Services

Although we strive to ensure the availability of the iHustle Platform at all times, we do not guarantee uninterrupted access to the Platform. Interruptions, shutdowns, or maintenance periods may occur. We reserve the right to modify or temporarily or permanently discontinue the iHustle Platform or any of its features or parts without prior notice.

4.2 Security Measures

We take reasonable measures to protect your information, but we cannot guarantee complete security. You are responsible for maintaining the security of your devices and accounts. We encourage you to use strong passwords and log out of your account after each session. Please promptly report any security concerns.

4.3 Data Protection

We comply with relevant data protection laws. Our Privacy Policy describes how we collect, use, and protect your personal information, including health data and data obtained from Apple Health, as well as the legal bases of processing.

5. Intellectual Property and License Use

5.1 Content Ownership

All content, features, and functionalities on the iHustle Platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the property of iHustle or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 License Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the iHustle Platform for personal, non-commercial purposes. This license is subject to your compliance with these Terms.

5.3 Restrictions

You agree not to:

Modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or through the iHustle Platform.

Use iHustle's trademarks, logos, or other graphics without our prior written permission.

Use any automated means, including robots, crawlers, offline readers, or data mining tools, to access, collect data from, or interact with iHustle.

Attempt to bypass any measures we may use to prevent or restrict access to iHustle.

Attempt to interfere with the proper functioning of iHustle.

5.4 Consequences for Violations

If you violate our intellectual property rights, iHustle reserves the right to take appropriate actions, including but not limited to:

Issuing a cease and desist warning.

Removing or disabling access to the infringing content.

Temporarily suspending your account or permanently terminating it.

Taking legal action against you, including seeking monetary damages, injunctive relief, and reimbursement of legal costs.

Reporting the violation to relevant legal authorities.

6. Third-Party Services and Content

6.1 Third-Party Links

The iHustle Platform may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that iHustle is not responsible or liable for any loss or damage caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

6.2 Use of Third-Party Services

The Platform uses or interacts with third-party services, including Apple (App Store, Sign in with Apple, Apple Health, Apple Watch), Google Cast technology for casting to TV, Open Food Facts for identifying scanned food products, and sharing features to social networks (for example Instagram), which you use at your own choice. Your use of third-party services is at your own risk and is subject to the terms and conditions of those services. You should review the applicable terms and policies, including privacy and data collection practices, of any third-party service provider.

6.3 App Store Provisions

You acknowledge and agree that these Terms are concluded between you and iHustle, not with Apple. Apple is not responsible for the Platform or its content and has no obligation to provide maintenance or support for the app. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the app. Apple is not responsible for addressing any claims by you or any third party relating to the app. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, 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.

7. Health and Safety Disclaimer

7.1 General Disclaimer

The iHustle Platform provides general fitness and nutrition information. However, it does not replace professional medical advice, diagnosis, or treatment. Always consult with a professional healthcare provider before using the iHustle Platform or starting any new fitness or diet program, especially if you have pre-existing health conditions. If you have any questions about your physical or mental condition, consult with a professional healthcare provider before using the iHustle Platform.

The health-related questions asked in the app and the recommendations generated from your answers serve exclusively to personalize content and do not constitute a medical act, diagnosis, or treatment plan.

Values displayed by the Platform that originate from devices (for example heart rate, calories, or steps measured by Apple Watch or iPhone) are estimates generated by consumer devices and must not be used for medical purposes.

Immediate Action for Pain or Discomfort: If you experience any pain or discomfort during exercise, stop immediately and seek medical advice. Continuing to exercise when experiencing pain or discomfort may lead to serious injury. Listen to your body and prioritize your health and safety.

Never disregard professional medical advice or delay seeking it because of something you have read on the iHustle Platform. The information provided on the iHustle Platform is for informational purposes only and should not be used as a substitute for professional medical advice, diagnosis, or treatment.

7.2 Pregnancy Disclaimer

If you are pregnant, planning to become pregnant, or are postpartum, consult with your doctor before using the iHustle Platform or starting any exercise or diet regimen. The iHustle Platform may provide pre- and post-pregnancy workout recommendations, but these are general in nature and may not be suitable for everyone. Follow your doctor's advice and informed medical recommendations.

8. Limitation of Liability and Disclaimer of Warranties

8.1 Disclaimer of Warranties

The iHustle Platform is provided "as is" and "as available" without any warranties of any kind, whether express or implied. We do not guarantee that the iHustle Platform will meet your requirements or that it will be uninterrupted, secure, or error-free. To the maximum extent permitted by applicable law, we disclaim all warranties, whether express or implied. This provision does not affect the statutory conformity guarantees you benefit from as a consumer.

8.2 Limitation of Liability

To the maximum extent permitted by applicable law, iHustle and its affiliates, licensors, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or other losses resulting from:

Your use of or inability to use the iHustle Platform.

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 iHustle Platform.

Any bugs, viruses, trojan horses, or other harmful elements that may be transmitted to or through the iHustle Platform by any third party.

Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the iHustle Platform.

8.3 No Liability for Personal Injury, Death, or Property Damage

To the maximum extent permitted by applicable law, iHustle, its affiliates, licensors, or partners will not be liable for any damages resulting from personal injury, including death, or property damage arising from the use of the iHustle Platform, including but not limited to equipment failure, improper use of exercises or nutrition plans, or failure to seek medical advice.

8.4 Assumption of Risk

You acknowledge and agree that:

Using the iHustle Platform involves inherent risks, including but not limited to physical activity and potential injury.

You voluntarily assume all risks associated with using the iHustle Platform, including the risks of injury, illness, disability, or death.

9. Indemnification

You agree to defend, indemnify, and hold harmless iHustle and its affiliates, licensors, and partners from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable legal and accounting fees, arising out of or in any way related to your access to or use of iHustle or your violation of these Terms.

10. Modifications and Updates to the Platform

We reserve the right to modify or temporarily or permanently discontinue the iHustle Platform or any of its features or parts without prior notice. We may also update these Terms from time to time. Any changes will take effect immediately upon posting. Your continued use of iHustle after the posting of any changes constitutes your acceptance of those changes.

Notice of Changes

For significant changes that affect your rights or obligations, we will notify you by one or more of the following methods:

By sending an email to the address associated with your account.

By posting a notice on the iHustle Platform.

By an in-app notification.

11. Termination

We may terminate or suspend your access to iHustle immediately, without prior notice or liability, for any reason, including but not limited to a violation of the Terms of Use. Upon termination, your right to use iHustle will immediately cease. You may also terminate this agreement at any time by deleting your account, as described in section 1.5.

12. Complaints

If you have any complaints or concerns regarding these Terms or the iHustle Platform, please contact us at email: admin@ihustle.app. We will strive to address your concerns promptly. For consumer protection matters, you may also contact the Romanian National Authority for Consumer Protection (ANPC), www.anpc.ro.

13. Governing Law and Dispute Resolution

These Terms are governed by and interpreted in accordance with the laws of Romania. This provision does not affect your rights as a consumer under the consumer protection laws of your country of residence.

If an amicable resolution of any dispute is not possible, any disputes arising from or related to these Terms or the iHustle Platform will be resolved through arbitration at the International Commercial Arbitration Court attached to the Chamber of Commerce and Industry of Romania, located at: Romania, Bucharest, Octavian Goga Blvd no. 2, sector 3, email: arbitration@ccir.ro, web: https://arbitration.ccir.ro.

For consumers residing in the European Union (EU), in case of a dispute, you can also resort to ONLINE ARBITRATION. The European Commission provides a platform for online dispute resolution (ODR), which you can access at: https://www.ec.europa.eu/consumers/odr; our email address is: admin@ihustle.app.

14. General

14.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue to be in effect. The invalid, illegal, or unenforceable provision will be modified to the extent necessary to make it enforceable, and all other provisions of these Terms will remain in force.

14.2 Waiver

No waiver of any term or condition in these Terms shall be considered a continuing waiver of that term or condition or any other term or condition. If we do not enforce a right or provision in these Terms, it does not mean we have waived that right or provision. Any waiver of any provision of these Terms will be effective only if it is in writing and signed by an authorized representative of iHustle.

14.3 Assignment

These Terms and any rights and licenses granted under them may not be transferred or assigned by you, but may be assigned by iHustle without restriction. Any transfer or assignment by you will be null and void.

14.4 Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices published by iHustle, constitute the entire agreement between you and iHustle regarding your use of iHustle. If there is any conflict between these Terms and any other agreement included with or related to iHustle, these Terms will prevail.

14.5 Force Majeure

iHustle will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14.6 Notices

We may provide notices, whether required by law or for marketing or other business-related purposes, to you via email, regular mail, or by posting such notice on iHustle, as we determine at our discretion. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt-out of certain means of notification.

14.7 Contact Information

If you have any questions about these Terms, please contact us at email: admin@ihustle.app.

By using iHustle, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.