Terms and Conditions

Hercules – Gym Tracker

Last Updated: March 8, 2026

Please read these Terms and Conditions carefully before using Our Service. By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Service.

1. Interpretation and Definitions

Interpretation

The words whose initial letters are 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 Hercules – Gym Tracker.
Application Store means the digital distribution service operated by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) from 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.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as "the Company", "We", "Us", or "Our") refers to Hercules – Gym Tracker.
Content means any text, data, information, workout logs, AI-generated responses, feedback, or other materials that can be posted, uploaded, linked to, or otherwise made available through the Service.
Country refers to: Indiana, United States.
Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
Free Plan refers to the no-cost tier of the Service with limited features available to registered users.
Premium Subscription refers to a paid subscription plan that unlocks additional features within the Application, purchased through the Application Store.
Service refers to the Application and/or the Website.
Terms and Conditions (also referred to as "Terms") means these Terms and Conditions, which form the entire agreement between You and the Company regarding the Service.
Third-Party Social Media Service means any services or content provided by a third party that is displayed, included, or linked to through the Service.
User Content means any Content that You submit, post, input, or otherwise make available through the Service, including text entered into the AI feature.
Website refers to Hercules – Gym Tracker, accessible from https://hercules-gym.com.
You means the individual accessing or using the Service, or the legal entity on behalf of which such individual is accessing or using the Service.

2. Acknowledgment

These Terms and Conditions govern the use of this Service and the agreement between You and the Company. These Terms 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. These Terms 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. If You disagree with any part of these Terms 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. By creating an Account, You confirm that You are at least 18 years of age.

Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.

3. User Accounts

3.1 Account Creation

To access certain features of the Service, You must register for an Account. When You create an Account, You agree to:

Provide accurate, current, and complete information during the registration process.
Maintain and promptly update Your Account information to keep it accurate and complete.
Keep Your password confidential and not share it with any third party.
Notify Us immediately at support@hercules-gym.com of any unauthorized use of Your Account or any other breach of security.
Accept responsibility for all activities that occur under Your Account.

3.2 Account Termination

We reserve the right to suspend or terminate Your Account and access to the Service at Our sole discretion, with or without notice, for conduct that We believe violates these Terms or is harmful to other users, Us, third parties, or the integrity of the Service. You may delete Your Account at any time by contacting Us at support@hercules-gym.com.

4. Subscriptions and In-App Purchases

4.1 Free and Premium Plans

The Service is available in a Free Plan with limited features and a Premium Subscription with access to additional features. The specific features available under each plan are described within the Application and may be updated from time to time at Our sole discretion.

4.2 Purchasing a Subscription

Premium Subscriptions are purchased directly through the Application Store (Apple App Store or Google Play Store). By purchasing a Premium Subscription, You agree to the pricing, payment, and billing policies displayed at the time of purchase. All payments are processed by Apple or Google respectively, and are subject to their terms and conditions. We do not directly process or store payment card information.

4.3 Subscription Billing and Renewal

Premium Subscriptions automatically renew at the end of each subscription period unless cancelled by You prior to the renewal date. Your Application Store account will be charged for renewal within 24 hours prior to the end of the current subscription period. Subscription management and cancellation must be performed through Your Application Store account settings.

4.4 Cancellation and Refunds

You may cancel Your Premium Subscription at any time through Your Application Store account. Cancellation takes effect at the end of the current billing period; You will continue to have access to Premium features until the end of the period for which You have already paid. Refunds are subject to the refund policies of the applicable Application Store (Apple App Store or Google Play Store). We do not independently issue refunds for in-app purchases.

4.5 Free Trials

We may, at Our discretion, offer a free trial period for the Premium Subscription. At the end of the free trial, Your account will automatically be charged for the Premium Subscription unless You cancel before the trial period ends. You will be informed of the trial terms at the time of sign-up.

4.6 Price Changes

We reserve the right to modify subscription pricing at any time. We will provide reasonable notice of any price changes through the Application or via email. Your continued use of the Service after a price change constitutes Your acceptance of the new pricing.

5. AI Feature and Credits

5.1 AI Feature Availability

The Service includes an AI-powered assistant ("Hercules AI") that is available exclusively to Premium Subscription holders. The AI feature allows You to input text to receive fitness-related guidance, workout suggestions, and informational responses.

5.2 AI Credits and Usage Limits

Access to the AI feature is subject to a credit-based usage system:

Free Credits: Premium subscribers receive a set number of AI credits per weekly billing period that reset automatically at the beginning of each period.
Purchased Credits: You may purchase additional AI credits through the Application. Purchased credits do not expire at the end of a weekly period and roll over until used.
Rate Limiting: To ensure fair use and service stability, the AI feature is subject to rate limits that restrict the number of requests within a given time window.

We reserve the right to modify the number of free credits, pricing of purchased credits, and rate limits at any time. We will provide reasonable notice of material changes.

5.3 Third-Party AI Processing

The AI feature is powered by third-party large language model (LLM) providers. When You use the AI feature, Your messages and relevant contextual information from Your account (such as workout summaries and fitness goals) are transmitted to these third-party providers for processing. These providers process Your data solely to generate responses and are contractually prohibited from using Your data for their own model training. For further details, please refer to Our Privacy Policy.

5.4 AI Acceptable Use

By using the AI feature, You agree to the following:

The AI feature is provided for informational and fitness assistance purposes only. It does not constitute medical, clinical, or professional health advice.
You will not use the AI feature to input or generate content that violates these Terms, including content that is harmful, offensive, illegal, or infringes third-party rights.
Outputs generated by the AI feature are not guaranteed to be accurate, complete, or suitable for Your specific health or fitness situation. Always consult a qualified professional before making significant changes to Your exercise or nutrition regimen.
You are solely responsible for how You use or act upon any AI-generated content.
We reserve the right to monitor, review, and remove User Content submitted to the AI feature if it violates these Terms.

5.5 AI Feature Modifications

We reserve the right to modify, suspend, or discontinue the AI feature (or any aspect of it, including the underlying AI model, credit allocations, and available functionality) at any time, with or without notice. We shall not be liable to You or any third party for any modification, suspension, or discontinuation of the AI feature.

6. User Content

6.1 Content You Submit

The Service allows You to input, create, and submit User Content, including text entries, workout data, notes, and prompts entered into the AI feature. You are solely responsible for the User Content You submit and the consequences of submitting it.

6.2 License You Grant Us

By submitting User Content through the Service, You grant the Company a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, and process that User Content solely for the purposes of operating and improving the Service, providing the features You request, and as otherwise described in Our Privacy Policy. This license ends when You delete Your User Content or Your Account, subject to retention periods described in the Privacy Policy.

6.3 Your Representations

By submitting User Content, You represent and warrant that:

You own or have the necessary rights and permissions to submit the content and to grant the license above.
The content does not violate any applicable law or regulation.
The content does not infringe upon any intellectual property rights, privacy rights, or other rights of any third party.
The content does not contain viruses, malware, or any harmful code.

6.4 Content Restrictions

You agree not to submit User Content that:

Is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights.
Constitutes unauthorized advertising, spam, or promotional material.
Impersonates any person or entity or misrepresents Your affiliation with any person or entity.

6.5 Content Monitoring

We do not routinely monitor User Content but reserve the right (though not the obligation) to review, edit, or remove any User Content at Our sole discretion and without notice, particularly if We become aware of a potential violation of these Terms.

7. Intellectual Property and Ownership

7.1 Company Content

The Service and its original content (excluding User Content), features, functionality, design, text, graphics, logos, icons, and software are and will remain the exclusive property of the Company. All rights, title, and interest in and to the Service are reserved by the Company. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any part of the Service without Our prior written consent.

7.2 Hercules Logo and Branding

The Hercules – Gym Tracker logo was created using Brandmark.io and is owned exclusively by the Company pursuant to the commercial license obtained at the time of purchase. The logo, app name, and associated branding are proprietary to the Company. While the Company does not currently hold registered trademarks, all branding is protected under applicable intellectual property law to the extent permitted. Unauthorized use of the Company's name, logo, or branding is strictly prohibited.

7.3 Your Content Remains Yours

You retain full ownership of any User Content You submit. The license You grant Us in Section 6.2 does not transfer ownership of Your User Content to Us.

7.4 Feedback and Suggestions

If You provide the Company with any feedback, suggestions, ideas, improvements, or other submissions regarding the Service ("Feedback"), You agree that such Feedback is given voluntarily and that the Company may use, implement, modify, and incorporate such Feedback into the Service or other products and services without any obligation to compensate You, credit You, or seek Your approval. You hereby assign to the Company all rights, title, and interest in and to any Feedback You provide.

8. Copyright Infringement – DMCA Notice

8.1 Reporting Infringement

We respect the intellectual property rights of others and expect users of the Service to do the same. If You believe that any User Content or other content available through the Service infringes upon a copyright that You own or control, You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our designated Copyright Agent with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that You claim has been infringed.
A description of where the allegedly infringing material is located on the Service.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

8.2 Copyright Agent Contact

DMCA notices and infringement claims must be sent to our designated Copyright Agent at:

Copyright Agent – Hercules – Gym Tracker Email: support@hercules-gym.com

We will respond to valid DMCA notices promptly. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

8.3 Counter-Notification

If You believe that Your User Content was removed by mistake or misidentification, You may submit a counter-notification to the Copyright Agent at the address above. Your counter-notification must comply with the requirements of the DMCA. Upon receipt of a valid counter-notification, We may restore the removed content, subject to the procedures set forth in the DMCA.

9. Links to Other Websites

Our Service may contain links to third-party websites 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 websites or services. You acknowledge and agree that the Company shall not be responsible or liable 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 through any such websites or services.

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

10. Third-Party Social Media Services

The Service may display, include, make available, or link to content or services provided by a Third-Party Social Media Service. Such services are not owned or controlled by the Company, and the Company does not endorse or assume responsibility for any Third-Party Social Media Service. Your use of any Third-Party Social Media Service is governed by that service's own terms and privacy policies.

11. Termination

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

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may contact Us at support@hercules-gym.com or delete Your Account through the Application settings. Termination does not entitle You to a refund of any prepaid subscription fees except as required by applicable law or the policies of the applicable Application Store.

12. Limitation of Liability

Notwithstanding any damages You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms shall be limited to the amount actually paid by You through the Service in the 12 months preceding the claim, or 100 USD if You have not 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, business interruption, personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use the Service, even if the Company has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

13. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Company makes no warranty that: (i) the Service will meet Your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) any information provided through the Service, including AI-generated content, is accurate or reliable; or (iv) defects will be corrected. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to You.

14. Health and Fitness Disclaimer

The Service, including all workout suggestions, exercise information, and AI-generated fitness guidance, is intended for general informational and fitness tracking purposes only. The Service does not provide medical advice, diagnosis, or treatment. You should consult a qualified healthcare professional before beginning any new exercise program, especially if You have pre-existing health conditions, injuries, or concerns. The Company is not responsible for any injury, health issue, or adverse outcome resulting from Your use of the Service or reliance on any information provided through it, including AI-generated content.

15. Governing Law

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

16. 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 at support@hercules-gym.com. We will make reasonable efforts to resolve any dispute informally before either party pursues formal legal action.

17. 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. Nothing in these Terms shall affect Your rights as a consumer under the mandatory laws of Your country of residence. In the event of a conflict between these Terms and applicable EU consumer protection laws, the mandatory provisions of EU law shall prevail.

18. 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.

19. 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 affect 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.

20. 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.

21. 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, either through the Application or by email to the address associated with Your Account. 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, please stop using the Service.

22. Contact Us

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

By email: support@hercules-gym.com
By visiting our website: https://hercules-gym.com

These Terms and Conditions were last reviewed and updated on March 8, 2026.