Tracked

Terms and Conditions

Last updated: July 30, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named Tracked, including both mobile applications and web dashboard for coaches

  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: British Columbia, Canada

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Tracked Training Platform Inc.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Application or the Website or both.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Tracked, accessible from https://tracked.gg

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Age Requirements: You must be at least 13 years old to use our Service. If you are between 13 and 18 years old, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

Our Business Model: Tracked provides free access to all core fitness tracking features for athletes. Coaches can access additional features through our paid subscription service. We do not sell user data or display advertisements.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Coach-Athlete Relationships

Coach Services and Responsibilities

Coaches using our Service can create and assign workout programs, monitor athlete progress, and provide training guidance. Coaches are responsible for:

  • Maintaining appropriate certifications and qualifications
  • Providing safe and appropriate exercise programming
  • Respecting athlete privacy and data confidentiality
  • Professional conduct in all communications
  • Not sharing athlete data with unauthorized third parties

Athlete Rights and Responsibilities

Athletes can choose to connect with coaches and share their workout data and progress. Athletes have the right to:

  • Disconnect from any coach at any time
  • Control what data is shared with coaches
  • Request removal of their data from coach accounts
  • Report inappropriate coach behavior
  • Access all their workout data regardless of coach relationship status

Data Sharing and Privacy

When athletes connect with coaches through our Service:

  • Athletes explicitly consent to sharing workout data, progress photos, and performance metrics
  • Coaches can view historical data and assigned programs only
  • Communication between coaches and athletes may be monitored for safety and quality purposes
  • Data sharing stops immediately when the relationship is terminated
  • Coaches must delete athlete data upon request or relationship termination

Platform Limitations

Tracked provides a platform for coach-athlete interactions but does not:

  • Verify coach certifications or qualifications
  • Guarantee the quality or safety of coaching services
  • Mediate disputes between coaches and athletes
  • Provide medical or professional fitness advice
  • Accept liability for coach-athlete relationships or advice given

Health and Safety Disclaimers

Assumption of Risk

IMPORTANT: Exercise and physical activity involve inherent risks of injury or death. By using our Service, you acknowledge and assume all risks associated with physical exercise and fitness activities. You understand that:

  • Physical exercise can be strenuous and may cause injury, disability, or death
  • You participate in fitness activities at your own risk
  • You are responsible for monitoring your physical condition during exercise
  • You should stop exercising immediately if you feel pain, dizziness, or discomfort
  • Individual results may vary and are not guaranteed

Medical Consultation Required

You agree that before beginning any exercise program:

  • You will consult with a qualified healthcare provider if you have any medical conditions, injuries, or concerns
  • You are physically capable of participating in exercise activities
  • You have disclosed any relevant medical history to your coach (if applicable)
  • You will seek immediate medical attention if you experience any adverse effects

Service Limitations

Our Service is for informational and tracking purposes only. We do not:

  • Provide medical, healthcare, or professional fitness advice
  • Replace proper medical care or professional training supervision
  • Guarantee any fitness, health, or performance results
  • Monitor your physical condition or safety during workouts
  • Assume responsibility for exercise programs created by coaches

Release of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE, WAIVE, AND DISCHARGE THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO ANY INJURY, DEATH, LOSS, OR DAMAGE THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE OR PARTICIPATION IN FITNESS ACTIVITIES.

User Content and Intellectual Property

Your Content Ownership

You retain ownership of all content you create, upload, or share through our Service, including:

  • Workout data, exercise logs, and performance metrics
  • Custom workout programs and training templates
  • Progress photos, videos, and notes
  • Custom exercises and movement descriptions
  • Personal records and achievements

License to Use Your Content

By uploading content to our Service, you grant us a limited, non-exclusive, royalty-free license to:

  • Store, process, and display your content within the Service
  • Enable sharing features between coaches and athletes
  • Provide backup and sync services across your devices
  • Generate anonymized, aggregated analytics to improve our Service

This license terminates when you delete your content or close your account, except for content shared with coaches which may be retained according to their data retention needs.

Our Intellectual Property

The Service, including its software, exercise library, algorithms, and design, is owned by Tracked Training Platform Inc. and protected by copyright, trademark, and other intellectual property laws. You may not:

  • Copy, modify, or distribute our software or source code
  • Reverse engineer or attempt to access our proprietary algorithms
  • Use our trademarks, logos, or branding without permission
  • Create derivative works based on our Service
  • Remove or modify copyright notices or proprietary markings

Content Sharing and Community

When you share workouts or connect with other users:

  • You are responsible for ensuring you have the right to share the content
  • Shared content may be visible to other users as intended by the sharing feature
  • You grant other users permission to view and use shared workout templates for personal use
  • Commercial use of shared content requires explicit permission from the content owner

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

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

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 CAD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Subscription Services

Free and Paid Services

Free Services: All core workout tracking features are provided free of charge to athletes, including unlimited workouts, exercises, progress tracking, and data sync across devices.

Paid Services: Coaching features are available through Tracked PRO subscription for fitness professionals. By purchasing a coaching subscription, you agree to pay the specified subscription fees on either a monthly or annual basis. All fees are in CAD and are non-refundable except as required by law or app store policies.

Billing and Auto-Renewal

Monthly subscriptions are billed every 30 days and annual subscriptions every 12 months from the date of purchase. Your subscription will automatically renew unless cancelled at least 24 hours before the end of the current period. Subscription fees will be charged to your payment method through your respective app store account.

Cancellation and Refunds

You may cancel your coaching subscription at any time through your app store account settings. Cancellations will take effect at the end of your current billing period, and you will retain access to coaching features until then. Your free athlete features remain unaffected by subscription cancellation.

Refunds are processed according to the respective app store's policies (Apple App Store and Google Play Store). We do not process refunds directly. For billing disputes, contact your app store's customer service.

Early Adopter Protection: Users who subscribe during our beta period will receive grandfathered pricing protection and advance notice of any future price changes.

Data Processing

All subscription payments and related data are processed and managed directly through your respective app store (Apple App Store or Google Play Store). By subscribing, you agree to the payment processing terms of your app store platform.

Acceptable Use Policy

Prohibited Uses

You agree not to use the Service for any unlawful purpose or in any way that could harm, disable, or impair the Service. Specifically, you may not:

  • Share inappropriate, offensive, or harmful content including harassment, hate speech, or discriminatory material
  • Impersonate others or create fake accounts
  • Upload malware, viruses, or other harmful code
  • Attempt to gain unauthorized access to other users' accounts or data
  • Use the Service for commercial purposes without proper authorization
  • Spam, solicit, or send unsolicited communications to other users
  • Violate any applicable laws or regulations
  • Interfere with or disrupt the Service's operation

Community Guidelines

Our community is built on mutual respect and shared fitness goals. When interacting with other users:

  • Be respectful and supportive of all fitness levels and backgrounds
  • Share accurate information and avoid misleading advice
  • Report inappropriate behavior or content using our reporting features
  • Respect others' privacy and personal information
  • Give proper credit when sharing others' workout content
  • Focus on constructive feedback and encouragement

Content Moderation

We reserve the right to review, remove, or restrict access to any content that violates these terms or our community guidelines. We may also suspend or terminate accounts that repeatedly violate our policies. Content moderation decisions are made at our sole discretion.

Reporting and Enforcement

If you encounter inappropriate content or behavior, please report it through our in-app reporting system or contact us at support@tracked.gg. We investigate all reports and take appropriate action, which may include warnings, content removal, or account suspension.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

App Store Compliance

Apple App Store Terms

If you download our app from the Apple App Store:

  • These Terms are between you and Tracked Training Platform Inc., not Apple
  • Apple has no obligation to provide maintenance or support services
  • Apple is not responsible for addressing any claims relating to the app
  • In case of any third-party intellectual property infringement claims, Apple will not be responsible
  • Apple and Apple's subsidiaries are third-party beneficiaries of these Terms

Google Play Store Terms

If you download our app from the Google Play Store:

  • These Terms are between you and Tracked Training Platform Inc., not Google
  • Google has no obligation to provide maintenance or support services
  • Google is not responsible for addressing any claims relating to the app
  • Your use of the app is also subject to Google Play's Terms of Service

App Store Payments and Subscriptions

All payments and subscriptions are processed by the respective app store. By purchasing through an app store, you agree to their payment terms and policies. We do not have access to your payment information and cannot process refunds directly - contact your app store for billing support.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: