Terms of Service | MusculoProgram

Musculo Terms of Service

These Terms of Service govern your use of Musculo, our website located at https://www.musculoprogram.com or musculoprogram.wixsite.com/home, and any related services provided by Musculo. By creating an account or accessing Musculo, you agree to abide by these Terms of Service and comply with all applicable laws and regulations. If you do not agree, you must cease using Musculo immediately.

If you access or download Musculo from the Apple App Store or Google Play Store, you also agree to comply with their respective terms and conditions, including the App Store Terms of Service and Google Play’s Terms and Conditions.

Musculo reserves the right to modify these Terms of Service at its sole discretion. Any updates will be published on this page, and users will be notified via the app or the email address provided during account creation. Changes take effect immediately upon publication unless otherwise specified. Continued use of Musculo after such changes constitutes acceptance of the revised terms.

These Terms of Service were last updated on 14 January 2025.

Acceptance of Terms

By using Musculo, you confirm that you are at least 18 years old or have obtained parental or guardian consent if you are a minor. By creating an account or accessing Musculo, you agree to comply with these Terms of Service and any additional policies incorporated by reference, including the Privacy Policy and Refund Policy.

If you access or download Musculo from the Apple App Store or Google Play Store, you also agree to their respective terms and conditions.

Limitations of Use

By using Musculo and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

modify, copy, prepare derivative works of, decompile, or reverse engineer Musculo or any materials and software contained within Musculo or on our website;
remove any copyright or other proprietary notations from Musculo or any materials and software contained within Musculo or on our website;
transfer Musculo or any of its associated materials to another person or "mirror" the materials on any other server;
knowingly or negligently use Musculo or any of its associated services in a way that abuses or disrupts our networks or any other service Musculo provides;
use Musculo or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use Musculo or its associated services in violation of any applicable laws or regulations;
use Musculo to send unauthorised advertising or spam;
harvest, collect, or gather user data without the user’s consent; or
use Musculo or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Abuse Reporting

Musculo takes violations of its policies seriously and encourages users to report abuse or any breaches of these Terms of Service. To report abuse or violations, users can:

Use the in-app Feedback or Reports section, providing a detailed description of the incident.
Email Musculo at musculo.program@gmail.com, including relevant evidence such as screenshots or supporting documentation.

Musculo will investigate all reports in a timely manner and take appropriate action as necessary, including but not limited to removing content, issuing warnings, or suspending accounts.

User Accounts

When creating an account, you must provide accurate and complete information. You are responsible for safeguarding your account credentials and are liable for any activities conducted under your account. Failure to maintain accurate information or engaging in unauthorised activities may result in suspension or termination of your account.

Third-Party Services and Additional Tools

Musculo may integrate third-party services and tools to enhance functionality. These services are provided "as is" without warranties, expressed or implied. Users acknowledge that the use of such services is at their own risk and should review the terms of these providers. Musculo is not liable for interruptions or issues caused by these third-party services. Future additions of tools or services will also be governed by these terms.

Service Availability, Liability, and Health Disclaimer

Musculo is provided on an "as is" and "as available" basis. While we strive for high availability, we do not guarantee uninterrupted service or error-free functionality. Service interruptions may occur due to maintenance, upgrades, or unforeseen issues. We reserve the right to suspend access to the app temporarily without prior notice in emergencies.

Users are responsible for consulting a healthcare professional before starting any fitness regimen. By using Musculo, you acknowledge that physical activity carries inherent risks, including injury or health complications. Musculo is not liable for injuries or damages arising from your use of the app or failure to follow professional advice.

To the extent permitted by law, Musculo disclaims all warranties, including fitness for a particular purpose and non-infringement. Musculo and its suppliers are not liable for consequential or indirect damages, including but not limited to loss of data, revenue, goodwill, or other intangible losses.

Prohibited Activities

Users may not exploit Musculo for unauthorised commercial purposes, including reselling content or services without prior approval. Any activity that violates these terms may result in account suspension or termination.

Intellectual Property

The intellectual property in the materials in Musculo and on our website are owned by or licensed to Musculo. You may download Musculo to view, use, and display the application on your mobile device for your personal use only.

This constitutes the grant of a licence, not a transfer of title. This licence shall automatically terminate if you violate any of these restrictions or these Terms of Service and may be terminated by Musculo at any time.

Content and Moderation

You are solely responsible for content you upload or share via Musculo. Prohibited content includes:

Material that is harassing, defamatory, obscene, or unlawful.
Copyrighted content you do not own or have permission to use.
Content promoting fraudulent or harmful activities.

Musculo reserves the right to remove content that violates these terms or applicable laws. Users can report inappropriate content via the in-app reporting feature.

Automatic Updates

By using Musculo, you consent to automatic updates to improve functionality or security. Musculo may request access to device features (e.g., camera, storage) as required for app functionality. These permissions can be managed through your device settings.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication within Musculo and/or on its corresponding website. We will never claim ownership of your content but we do require a licence from you in order to use it.

When you use Musculo or its associated services to post, upload, share or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, distribute, modify, run, copy, publicly display, translate or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The licence you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the licence will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.

Subscriptions and Payments

Certain features require payment, including subscription-based services. Subscriptions automatically renew unless cancelled. Payments are non-refundable except as outlined in the Refund Policy.

Revenue Sharing Clause

Musculo will retain 30% of the revenue generated from each transaction made by creators on the platform. For "premium creator" subscriptions, Musculo will retain 100% of the subscription fee. These terms are final and apply to all transactions processed through the platform.

Creator Revenue and Payment Terms

Creators on the Musculo platform will receive 70% of the revenue generated from their sales, with 30% retained by Musculo as a service fee. The payment of the creator’s share will typically be disbursed by the following month of the completed transaction or, at maximum, within six months.

Musculo reserves the right to withhold payment to creators under the following circumstances:

If the creator violates any of Musculo’s Terms of Service.
If the creator fails to provide the service or product as agreed upon with the buyer.
If valid reports or complaints are made against the creator regarding their conduct, service quality, or fulfilment of obligations.

All withheld funds will remain with Musculo until the matter is resolved, and Musculo retains sole discretion in determining whether the funds will be forfeited or returned based on the findings of the investigation.

Service Availability and Liability

Musculo and its materials are provided on an "as is" and "as available" basis. While we strive for high availability and performance, we do not guarantee uninterrupted service or error-free functionality.

To the extent permitted by law, Musculo disclaims all warranties, expressed or implied, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property, or other violations of rights.

Musculo and its suppliers are not liable for any consequential or indirect damages arising from the use or inability to use the app, website, or related services, even if Musculo or an authorised representative has been advised of the possibility of such damages. This includes, but is not limited to:

Loss of data, revenue, or goodwill.
Issues caused by third-party software or services.
Injuries or health issues resulting from the use of workout or programmes.

Users are responsible for consulting a healthcare professional before beginning any fitness programme or engaging in physical activity through the app.

"Consequential loss" includes, but is not limited to, loss of profit, benefit, revenue, business, goodwill, opportunity, savings, reputation, use, and/or data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties or the exclusion of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials and External Links

The materials available on Musculo and its services are provided for general information purposes only. While every effort is made to ensure accuracy, there may be typographical errors, inaccuracies, or omissions. Musculo reserves the right to update or correct these materials at any time without prior notice. Users are advised to consult additional sources for comprehensive insights and accept sole responsibility for reliance on the information provided.

External links are offered for convenience but are not under the control of Musculo. The inclusion of any link does not imply endorsement. Users are encouraged to review the terms and conditions of any third-party sites before engaging with them, as Musculo is not responsible for their content, policies, or practices.

Inaccuracies and Mistakes

While every effort is made to ensure the accuracy and reliability of the information provided within the app, errors, omissions, or inaccuracies may occur, including but not limited to typographical errors or misstatements related to service descriptions or availability. Musculo reserves the right to correct such inaccuracies and amend or cancel services where necessary without prior notice.

Musculo is under no obligation to clarify or update the information provided, except as required by law. Users accept that all materials are provided on an "as is" basis, and any reliance placed on them is at the user’s own risk.

Indemnification
By using Musculo, you agree to indemnify and hold harmless Musculo, its affiliates, officers, agents, employees, and partners from and against any claims, losses, damages, liabilities, or expenses arising from:

Your use of the app or its services.
Your breach of these Terms of Service or any applicable laws.
Your infringement of the rights of any third party, including intellectual property rights.

Musculo reserves the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification. You agree to fully cooperate with Musculo in such defence efforts and will be promptly notified of any claims or legal actions related to this indemnification.

Warranties Clause

Users acknowledge that they rely on the Musculo app and its associated services at their own discretion and for their own purposes. Musculo does not make any guarantees regarding the suitability of the app for specific purposes. The company is not liable for any injuries, losses, or damages resulting from the misuse of the app, including but not limited to improper use of workout or programme materials or failure to consult appropriate professional advice.

Links

Musculo has not reviewed all of the sites linked to Musculo or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Musculo of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Notice Regarding Apple and Google Play

If you access Musculo on an iOS device, you acknowledge that these Terms of Service are between you and Musculo only, not Apple Inc. (Apple). Apple is not responsible for Musculo or its materials. Apple has no obligation to furnish you with any maintenance or support services for Musculo. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the mobile application. To the maximum extent permitted by applicable law, Apple has no further obligations related to Musculo and is not responsible for any claims, losses, liabilities, damages, or expenses arising from its use.

Apple is not responsible for addressing claims by you or any third party related to Musculo, including but not limited to product liability claims, failure to comply with legal or regulatory requirements, or claims under consumer protection legislation. Apple is also not responsible for investigating, defending, settling, or discharging claims of intellectual property infringement arising from Musculo.

If you access Musculo through Google Play, you agree to Google Play’s Terms of Service. Google is not responsible for Musculo, including maintenance, support, or liability for claims related to its use. Users should contact Google directly for issues regarding purchase refunds or terms specific to the Google Play Store.

For both Apple and Google Play, you agree to comply with any applicable third-party terms when using Musculo, including the Apple App Store Usage Rules or Google Play Store’s terms and conditions. Apple and its subsidiaries are third-party beneficiaries of these Terms of Service, 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 of Service against you as a third-party beneficiary.

You also represent and warrant that you are not located in a country subject to a U.S. Government embargo, designated as a "terrorist supporting" country, or listed on any U.S. Government list of prohibited or restricted parties.

Entire Agreement

These Terms of Service, along with any related policies or operational rules posted by Musculo, constitute the complete and binding agreement between you and Musculo concerning your use of the app and its services. Failure to enforce any provision of these terms shall not be deemed a waiver of that provision or any other rights under these terms.

If any part of these Terms of Service is found to be invalid, unlawful, or unenforceable, that portion will be severed without affecting the validity or enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and Musculo by these Terms of Service.

These Terms of Service are not to be construed against Musculo by virtue of their authorship. By using Musculo, you waive any defences related to the electronic nature of these terms or the absence of a physical signature from the parties.

Dispute Resolution

In the event of a dispute, both parties agree to attempt resolution through mediation or arbitration before pursuing legal action.

Force Majeure

Musculo shall not be held liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including but not limited to natural disasters, cyberattacks, acts of government, or technical failures. Musculo will make reasonable efforts to resume services as soon as feasible under such circumstances.

Right to Terminate

We may suspend or terminate your Musculo account and right to use Musculo and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms are governed by the laws of Slovakia. Any disputes shall be resolved in Slovakian courts.