Tracked

Terms and Conditions

Last updated: January 8, 2025

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

IMPORTANT: This is a comprehensive agreement covering fitness coaching services, health data processing, user-generated content, and professional services. These terms include important limitations of liability and health-related disclaimers. Please review all sections carefully.

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

  • 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 LLC.

  • Coaching Services means the fitness coaching, training program development, and professional guidance services provided through the platform by certified coaches to clients.

  • Coach means a user who provides fitness coaching services, creates workout programs, and guides clients through the platform.

  • Client means a user who receives coaching services, follows workout programs, and tracks fitness progress through the platform.

  • Health Data means fitness and wellness information including but not limited to workout performance, body measurements, progress photos, exercise videos, health surveys, and biometric data collected through device integrations.

  • User Content means any content, data, information, or materials uploaded, created, or shared by users including workout programs, exercise videos, progress photos, comments, and coaching materials.

  • AI Features means automated workout generation, exercise recommendations, and other artificial intelligence-powered functionality provided by the Service.

  • 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.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

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.

Service Description and Scope

Platform Services

Tracked provides a comprehensive fitness tracking and coaching platform that includes:

  • Fitness tracking and workout logging capabilities
  • Coach-client matching and communication tools
  • Workout program creation and sharing
  • Progress tracking through photos, measurements, and performance data
  • AI-powered workout generation and exercise recommendations
  • Health data integration with device platforms (HealthKit, Google Fit)
  • Team and organizational account management

Coaching Services Framework

Platform Role: Tracked acts as a technology platform connecting coaches and clients. We do not provide direct fitness coaching services. All coaching services are provided by independent coaches using our platform.

Coach Responsibilities: Coaches are solely responsible for their professional services, qualifications, certifications, and the fitness advice they provide to clients.

Client Responsibilities: Clients are responsible for evaluating coach qualifications, following safe exercise practices, and consulting healthcare providers before beginning any fitness program.

Health and Safety Disclaimers

Medical Disclaimer

IMPORTANT: The Service is not intended to diagnose, treat, cure, or prevent any disease or medical condition. Our platform provides fitness tracking and coaching tools but does not provide medical advice.

  • Consult Healthcare Providers: Before starting any exercise program, consult with qualified healthcare professionals, especially if you have existing health conditions, injuries, or concerns.
  • Exercise Risks: Physical exercise involves inherent risks including but not limited to injury, muscle strain, cardiovascular events, and other health complications.
  • Stop if Unsafe: Discontinue exercise immediately if you experience pain, dizziness, shortness of breath, or other concerning symptoms.
  • Personal Limitations: You are responsible for exercising within your physical capabilities and modifying activities based on your health status.

Data Accuracy Disclaimer

While we strive for accuracy, health and fitness data collected through the platform (including device integrations, user input, and AI recommendations) may not be completely accurate and should not be relied upon for medical decisions. Always consult healthcare professionals for medical assessments.

User Roles and Responsibilities

Coach Obligations

  • Professional Standards: Maintain appropriate fitness industry certifications and operate within your scope of practice
  • Safe Programming: Create workout programs appropriate for client fitness levels and disclosed health conditions
  • Professional Boundaries: Do not provide medical advice or diagnose health conditions
  • Client Safety: Monitor client progress and modify programs to prevent injury
  • Professional Liability: Carry appropriate professional liability insurance

Client Obligations

  • Health Disclosure: Accurately disclose relevant health conditions, injuries, and limitations to coaches
  • Safe Practice: Exercise within your capabilities and use proper form and equipment
  • Professional Consultation: Consult healthcare providers before beginning exercise programs
  • Coach Evaluation: Verify coach qualifications and ensure they meet your needs

User-Generated Content and Intellectual Property

Content Ownership

Your Content: You retain ownership of all User Content you create, upload, or share through the Service, including workout programs, exercise videos, progress photos, comments, and other materials.

Platform License: By uploading User Content, you grant Tracked a worldwide, non-exclusive, royalty-free license to use, display, reproduce, modify, and distribute your content solely for the purpose of providing and improving the Service.

Content Sharing and Privacy

  • Coach-Client Sharing: When you engage in a coaching relationship, you consent to sharing relevant workout data, progress information, and health metrics with your assigned coach
  • Privacy Controls: You can control the visibility and sharing of your content through privacy settings in your account
  • Team Accounts: Content shared within team or organizational accounts is visible to designated team members according to your organization's settings

Content Standards and Moderation

You agree that all User Content you submit will:

  • Be accurate, respectful, and appropriate for a fitness and wellness platform
  • Not contain harmful, offensive, or illegal material
  • Not infringe on intellectual property rights of others
  • Not provide unsafe or harmful fitness advice
  • Comply with applicable laws and professional standards

Content Removal: We reserve the right to remove or modify User Content that violates these terms, but we are not obligated to monitor or review all content.

Copyright and DMCA

We respect intellectual property rights. If you believe your copyrighted work has been used improperly, please contact us at legal@tracked.gg with:

  • Identification of the copyrighted work
  • Location of the allegedly infringing content
  • Your contact information
  • A statement of good faith belief that the use is unauthorized
  • A statement of accuracy under penalty of perjury

Account Terms and Acceptable Use

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized access or security breaches.

Prohibited Uses

You may not use the Service to:

  • Provide medical diagnosis or treatment
  • Share content that could cause physical harm or injury
  • Impersonate others or provide false information
  • Violate any applicable laws or regulations
  • Interfere with the platform's operation or security
  • Harvest or collect user information without consent
  • Use the Service for unauthorized commercial purposes

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.

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.

Assumption of Risk and Limitation of Liability

Assumption of Risk

IMPORTANT: By using the Service, you acknowledge and agree that:

  • Exercise Risks: Physical exercise and fitness activities involve inherent risks of injury, including but not limited to muscle strains, cardiovascular events, equipment-related injuries, and other health complications
  • Personal Responsibility: You assume full responsibility for your physical condition, health status, and exercise capabilities
  • Professional Consultation: You should consult with qualified healthcare and fitness professionals before beginning any exercise program
  • Safe Practice: You are responsible for exercising safely, using proper form, and stopping if you experience any discomfort or concerning symptoms

Platform Liability Limitations

Technology Platform: Tracked provides a technology platform connecting coaches and clients. We are not responsible for the quality, safety, or effectiveness of coaching services provided by independent coaches using our platform.

Liability Cap: To the maximum extent permitted by applicable law, our total liability to you for all claims arising from or related to the Service shall not exceed the greater of:

  • The total amount paid by you for the Service in the 12 months preceding the claim, or
  • $1,000 CAD if you have not paid for the Service

Excluded Damages

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:

  • Physical injuries or health complications resulting from exercise or fitness activities
  • Damages from coaching advice or fitness programs provided by third-party coaches
  • Loss of profits, data, or business interruption
  • Privacy breaches or unauthorized data access
  • Reliance on health data accuracy or AI recommendations
  • Third-party software, hardware, or service failures

Jurisdictional Variations

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by applicable 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 service providers make any representation or warranty of any kind, express or implied, regarding:

  • The operation, availability, or reliability of the Service
  • The accuracy of health data, fitness tracking, or AI recommendations
  • The qualifications or competence of coaches using the platform
  • The safety or effectiveness of workout programs or fitness advice
  • The compatibility with third-party devices or health platforms
  • The security of data transmission or storage
  • That the Service will be uninterrupted, error-free, or free from harmful components

Data Protection and Security

Data Handling

We implement appropriate technical and organizational measures to protect your Personal Data, particularly sensitive health and fitness information. However, no system is completely secure, and you acknowledge the inherent risks in electronic data transmission and storage.

Data Breach Response: In the event of a security incident affecting your data, we will notify you and relevant authorities as required by applicable privacy laws.

Third-Party Integrations

Our Service integrates with third-party platforms (Apple HealthKit, Google Fit, etc.) and service providers. We are not responsible for the privacy practices or data security of these third parties. Review their privacy policies before connecting your accounts.

Export and Portability

You have the right to export your data in a machine-readable format. Data export requests can be made through your account settings or by contacting our support team.

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 and Payment Terms

Subscription Options

We offer various subscription tiers providing different levels of access to premium features, coaching services, and platform capabilities. Subscription fees vary based on the selected tier and billing frequency (monthly or annual).

  • Individual Subscriptions: Personal fitness tracking and coaching access
  • Team Subscriptions: Multi-user accounts for coaching businesses and organizations
  • Enterprise Solutions: Custom solutions for large organizations

Payment Processing

Mobile App Subscriptions: Processed through Apple App Store or Google Play Store according to their respective terms and policies.

Web Subscriptions: Processed through Stripe payment processing. By subscribing via web, you agree to Stripe's terms of service and privacy policy.

Usage-Based Billing: Some services may include usage-based components that are metered and billed according to actual consumption of platform resources.

Billing and Auto-Renewal

  • Billing Frequency: Monthly subscriptions are billed every 30 days, annual subscriptions every 12 months from the purchase date
  • Auto-Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
  • Payment Methods: We accept payment methods supported by our payment processors (credit cards, digital wallets, etc.)
  • Currency: All fees are in CAD unless otherwise specified

Price Changes and Service Modifications

We reserve the right to modify subscription prices and service offerings. For existing subscribers:

  • Price increases will be communicated at least 30 days in advance
  • You may cancel before price changes take effect
  • Continued use after notification constitutes acceptance of new pricing

Cancellation and Refunds

Cancellation: You may cancel your subscription at any time through your account settings or the relevant app store. Cancellations take effect at the end of your current billing period.

Refund Policy: All fees are generally non-refundable except as required by applicable law or app store policies. We may provide refunds at our discretion for exceptional circumstances.

Account Suspension: We may suspend service access for non-payment, with notice and opportunity to cure payment defaults.

Service Level Agreement

While we strive for high availability, we do not guarantee uninterrupted service. We will make reasonable efforts to:

  • Maintain service availability and performance
  • Provide advance notice of planned maintenance
  • Resolve service issues promptly
  • Backup and secure your data

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.

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.

Emergency Procedures and Platform Limitations

Medical Emergencies

IMPORTANT: The Tracked platform is not designed for medical emergencies or urgent health situations.

  • Emergency Services: For medical emergencies, immediately contact local emergency services (911 in North America)
  • Healthcare Providers: For urgent health concerns, contact your healthcare provider directly
  • Platform Response: We do not monitor the platform for medical emergencies and cannot provide emergency medical assistance
  • Coach Limitations: Coaches using our platform cannot provide emergency medical care through the platform

Reporting Safety Concerns

If you observe unsafe fitness advice, inappropriate coaching practices, or other safety concerns on the platform, please report them immediately to safety@tracked.gg.

Contact Information

For questions about these Terms and Conditions or our services, contact us:

  • General Support: support@tracked.gg

  • Legal & Terms Questions: legal@tracked.gg

  • Safety Concerns: safety@tracked.gg

  • Privacy & Data Requests: privacy@tracked.gg

  • Phone: 604-505-9772

  • Mailing Address: Tracked LLC, British Columbia, Canada

Response Times: We strive to respond to inquiries within 48 hours for general support and within 24 hours for safety concerns.