Polski

Terms of Service of the Barbell Application

Last updated: 2026-04-27 Document version: 1.0

⚠️ Notice: This document is a draft prepared as a starting point. It should be reviewed by a lawyer before publication.

§1. General Provisions

  1. These Terms of Service ("Terms") set out the rules and conditions for the electronic provision of services through the Barbell mobile application ("Application") and the related website at barbell.cloud ("Website").

  2. The Terms are issued under Article 8(1)(1) of the Polish Act of 18 July 2002 on the provision of electronic services.

  3. The Service Provider is:

    Cezary Ciosek sole proprietorship ul. Jana Kazimierza 66/122 01-248 Warsaw, Poland Tax ID (NIP): 573 281 54 19 e-mail: cezary.ciosek@gmail.com

  4. Use of the Application and Website requires acceptance of these Terms and acknowledgement of the Privacy Policy.

§2. Definitions

§3. User Eligibility

  1. The Application is intended for persons aged 16 and over.
  2. A User aged 16–18 may use the Application but, for paid Subscriptions, the consent of a legal guardian is required.
  3. The Application may not be used by persons under 13. Persons aged 13–16 may use it only with the consent of a parent or legal guardian.
  4. The User declares that the data provided at registration is accurate and does not infringe the rights of third parties.
  5. Use of the Application requires a mobile device running iOS or Android and internet access.

§4. Registration and Account

  1. Most features of the Application require an Account.
  2. Registration is performed by entering an e-mail address and password, or by signing in with a Google or Apple ID account.
  3. After registering with an e-mail address and password, the User receives a 6-digit verification code at the provided address. The code must be entered in the Application to activate the Account. The code is valid for 15 minutes.
  4. Account activation is a precondition for using the Service.
  5. The User undertakes to keep the password confidential and not to share it with third parties. The Service Provider is not liable for damage resulting from disclosure of the password by the User.
  6. The User must promptly notify the Service Provider of any unauthorised access to the Account.

§5. Scope of Service

  1. The Application provides the following features:
    • logging of training results (strength exercises, WODs),
    • body-measurement journal,
    • browsing of the training programme,
    • progress statistics,
    • push notifications about updates and reminders,
    • other features described in the current Application listing on the App Store.
  2. Some features require an active Subscription — information about which features are paid is presented in the Application at the moment of access.
  3. The Service Provider may at any time introduce new features, modify existing ones, or withdraw features whose maintenance is impossible or economically unjustified. Material changes are communicated in advance.

§6. Subscription

  1. The Subscription is a paid digital service provided in billing cycles (e.g. monthly, annual) chosen by the User.
  2. Subscription payments are handled exclusively through the App Store (Apple Inc.) via RevenueCat. The Service Provider does not directly accept payments and does not process payment card data.
  3. The Subscription price and billing cycle are presented to the User before purchase.
  4. The Subscription auto-renews for the next billing cycle unless cancelled by the User at least 24 hours before the end of the current cycle, in accordance with App Store rules.
  5. Subscription cancellation is performed in the App Store account settings on the User's device. The Service Provider has no technical means to cancel the Subscription on its own.
  6. After cancellation, the User retains access to premium features until the end of the paid billing cycle.
  7. Invoices and payment-related complaints are handled by Apple in accordance with App Store policy.

§7. Right of Withdrawal (Consumers)

  1. Pursuant to Article 38(13) of the Polish Act of 30 May 2014 on consumer rights, the right to withdraw from a distance contract does not apply to a consumer regarding contracts for the supply of digital content not delivered on a tangible medium, where performance has begun with the consumer's express consent before the withdrawal period expires.
  2. The User gives express consent to immediate commencement of the Service (delivery of digital content) upon Subscription purchase. The User forfeits the right to withdraw from the contract for the supply of digital content at that moment.
  3. The above does not limit the User's rights under statutory warranty for defects and complaints described in §8.

§8. Complaints

  1. The User has the right to file a complaint regarding malfunction of the Application or the Service.
  2. Complaints should be sent to: cezary.ciosek@gmail.com, including:
    • first and last name and the e-mail address associated with the Account,
    • description of the issue,
    • desired resolution.
  3. The Service Provider considers complaints within 14 days of receipt and notifies the User of the resolution by electronic means.
  4. Failure to consider a complaint within 14 days is deemed acceptance.
  5. Complaints concerning payments (e.g. refunds for Subscriptions) must be directed to Apple in accordance with their procedure — the Service Provider does not have the technical means to handle such complaints.

§9. User Obligations and Prohibitions

  1. The User undertakes to:
    • use the Application in accordance with the law, these Terms, and accepted standards,
    • not provide unlawful content,
    • not undertake actions that may disrupt the Application's operation.
  2. The User is prohibited from:
    • circumventing authentication, verification, or subscription mechanisms,
    • automated data collection from the Application (scraping, bots),
    • decompiling, disassembling, or reverse-engineering the Application, except to the extent permitted by law,
    • using the Application to commit prohibited acts,
    • impersonating other persons or institutions.

§10. Intellectual Property

  1. The Application, the Website, and all their elements (code, graphics, content, logos, layout, design) are subject to copyright and other intellectual property rights of the Service Provider or third parties from whom the Service Provider has obtained a licence.
  2. The User receives a non-exclusive, non-transferable, limited licence to use the Application solely in accordance with its intended purpose and these Terms. The licence does not include the right to copy, modify, redistribute, or resell the Application.
  3. Content entered by the User into the Application (e.g. training notes, measurements) remains the User's property. The User grants the Service Provider a limited, royalty-free licence to process such content to the extent necessary to provide the Service.

§11. Liability

  1. The Application and the Service are provided "as-is" — the Service Provider does not guarantee that the Application will operate uninterrupted and error-free or meet every individual expectation of the User.
  2. The Application is not a medical or diagnostic tool. Content in the Application (training programmes, calculations, suggestions) is informational only and does not replace medical, physiotherapeutic, or trainer advice. Consult a physician before starting a training programme, especially in case of health issues.
  3. The Service Provider is not liable for:
    • injuries or other harm to health arising from the performance of exercises,
    • decisions made by the User based on information from the Application,
    • Service interruptions caused by external factors (vendor outages, force majeure, regulatory changes),
    • data loss caused by the User's actions.
  4. The Service Provider's liability towards a consumer User for improper performance of the Service is limited to the amount paid by the User for the Subscription in the 12 months preceding the damage. This limitation does not apply to damage caused intentionally by the Service Provider.

§12. Termination

  1. The User may at any time stop using the Application by:
    • uninstalling the Application from their device,
    • deleting the Account through the "Delete account" feature in the Application.
  2. Account deletion results in anonymisation of the User's data per the Privacy Policy. Deletion does not automatically cancel the Subscription — it must be cancelled separately in the App Store.
  3. The Service Provider may suspend or delete the User's Account in cases of:
    • serious breach of the Terms,
    • suspicion of a prohibited act using the Account,
    • reasonable suspicion that the Account is used contrary to its intended purpose (bots, fraud).
  4. The Service Provider notifies the User of suspension or deletion by electronic means with justification.

§13. Right to Data Portability

The User has the right to receive a copy of their personal data in a structured, commonly used, machine-readable format (Article 20 GDPR). To do so, use the "Export my data" feature in the Application or send a request to: cezary.ciosek@gmail.com.

§14. Out-of-Court Dispute Resolution

  1. A consumer has the right to use out-of-court methods of resolving complaints and pursuing claims, including:
    • permanent consumer arbitration courts,
    • the regional inspector of the Trade Inspection,
    • the district (municipal) consumer ombudsman,
    • social organisations whose statutory tasks include consumer protection.
  2. A consumer may use the European Commission's ODR (Online Dispute Resolution) platform at: https://ec.europa.eu/consumers/odr
  3. Use of out-of-court resolution methods is voluntary.

§15. Changes to the Terms

  1. The Service Provider may amend the Terms for important reasons, such as changes in law or technology, addition or removal of features, or changes in vendor policies (Apple, RevenueCat).
  2. The User will be informed of changes through:
    • a notification in the Application on the next launch,
    • an e-mail to the address associated with the Account.
  3. Changes take effect 14 days after notification, unless earlier introduction is required by law.
  4. A User who does not accept the changes may terminate the contract by deleting their Account. Continued use of the Application after the changes take effect constitutes acceptance.

§16. Final Provisions

  1. Matters not regulated by these Terms are governed by Polish law, in particular:
    • the Civil Code,
    • the Act on the provision of electronic services,
    • the Consumer Rights Act,
    • the GDPR Regulation.
  2. Disputes are settled by the court having jurisdiction under the general rules. For Users who are not consumers, the court of jurisdiction is the one competent for the registered seat of the Service Provider.
  3. The Terms enter into force on 2026-04-27.

Contact:

Cezary Ciosek ul. Jana Kazimierza 66/122 01-248 Warsaw, Poland e-mail: cezary.ciosek@gmail.com