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Terms of Service — Smartensity

Last updated: 2026-05-27Version: 0.1

§ 1. General provisions

  1. These Terms of Service (the “Terms”) set out the rules for providing services by electronic means by Bartosz Kluczka, a natural person providing the service in a private capacity (the “Provider”), through the web application available at <APP_URL> (the “App” or “Smartensity”). The Provider operates this beta as an individual and not as a registered business, and accordingly has no NIP, REGON, or business-register (KRS/CEIDG) entry. [UNCERTAIN — lawyer: confirm whether a natural person providing a free electronic service in a private (non-business) capacity is a “usługodawca” required to publish a postal address under Art. 5 UŚUDE, or whether email contact is sufficient for the invite-only beta; postal address to be supplied by the Provider if required — <POSTAL_CONTACT_ADDRESS>. Also flag the natural-person→business transition: if the Provider later registers a business (CEIDG/spółka), this clause must be updated with the entity’s identification data.]
  2. The Terms are made available free of charge in a manner that allows them to be obtained, reproduced, and stored (Art. 8(1)(1) UŚUDE — the Polish Act on Providing Services by Electronic Means).
  3. Contact with the Provider: smartensity@gmail.com.
  4. The language of the App, of in-app communication, and of these Terms is English. [UNCERTAIN — lawyer: confirm the binding-language version and whether a Polish-language version must be made available to Polish consumers under UŚUDE]

§ 2. Definitions

  1. App / Smartensity — the web platform described in § 1(1) that supports Functional Fitness training planning using artificial intelligence.
  2. User — a natural person who is at least 18 years of age and has created an Account in the App.
  3. Account — the User’s individual, password-protected account, created during registration.
  4. Consumer — a User who is a consumer within the meaning of Art. 22(1) of the Polish Civil Code.
  5. Training plan — a training program generated automatically by AI systems, deterministically validated by the App, and presented to the User as a suggestion.
  6. AI content — any content (including plans, comments, progress reports, and adjustment suggestions) generated by large language models (Anthropic Claude).
  7. Health data — in particular, reported injuries, pain flags (1–10 scale, location, nature), and readiness signals (sleep, recovery, fatigue).
  8. RODO / GDPR — Regulation 2016/679 (of the European Parliament and of the Council).
  9. UŚUDE — the Polish Act of 18 July 2002 on Providing Services by Electronic Means.

§ 3. Nature of the service and key disclaimers

THIS IS NOT MEDICAL ADVICE. The App is not a medical device, does not provide medical services, does not diagnose, treat, or replace consultation with a physician, physiotherapist, or personal trainer. Training plans are suggestions generated by an AI-assisted algorithm and are for informational purposes only.

YOU USE THE APP AT YOUR OWN RISK. Physical training — Functional Fitness in particular — carries a significant risk of injury. The decision to perform any exercise, load, intensity, or volume is solely the User’s. The User must consult a physician before starting a training program, in particular if they have any medical conditions or injuries, or take any medication.

  1. The App is an informational and educational tool that supports self-directed training planning. The Provider is not the User’s fitness club, personal trainer, physician, or physiotherapist.
  2. The plans and reports generated in the App are based on data declared by the User. The Provider does not verify the truthfulness of that data or the User’s physical fitness.
  3. If, while using the App, the User reports pain of intensity ≥ 7/10 or pain that is sharp, in the chest, accompanied by dizziness, numbness, or loss of sensation, the App will display a message suggesting that the User stop exercising and consult a physician or physiotherapist. That message is not a diagnosis or medical advice.

§ 4. AI-generated content

  1. Training plans, progress reports, and plan-adjustment proposals are generated, in whole or in significant part, by systems based on large language models (Anthropic Claude). This content passes through deterministic safety-validation mechanisms, but it remains a suggestion based on the statistical processing of data.
  2. AI content may contain factual errors, suboptimal exercise selection, or fail to account for all of the User’s individual circumstances.
  3. Every plan and report is labelled as “AI-generated” (transparency obligation under Art. 50 of Regulation 2024/1689 — the AI Act, to the extent it enters into force). [UNCERTAIN — lawyer: timing of entry into force and classification of the system]
  4. The User acknowledges that AI content does not replace the individual judgement of a trainer, physiotherapist, or physician.

§ 5. User Account

  1. Creating an Account is voluntary and free of charge. It requires providing an email address, setting a password, and accepting these Terms and the Privacy Policy in their then-current version.
  2. The User undertakes to provide a true email address and not to share the Account with third parties.
  3. The App may be used by persons who are 18 years of age or older (full legal capacity). Persons under 18 may not create an Account.
  4. The Provider may refuse registration or block an Account in the event of: (a) a breach of these Terms; (b) a suspicion of acting to the detriment of other Users or the Provider; or (c) using the App for purposes other than personal, non-commercial use (including resale, scraping, or training AI models on AI content).

§ 6. Types and scope of services

  1. Within the App, the Provider provides the following services by electronic means:
    1. maintaining the User’s Account;
    2. an AI-chatbot onboarding interview to collect the training profile;
    3. generating a personalized Training plan;
    4. tools for logging completed training units;
    5. periodic generation of progress reports and plan-adjustment suggestions.
  2. Services in the MVP version are free of charge. [UNCERTAIN — lawyer: update if paid plans are introduced — payment terms, right of withdrawal, billing cycle]
  3. The App is provided on a “best effort” basis. The Provider does not guarantee continuous availability of the service, in particular in the event of planned maintenance, failures of external infrastructure (Supabase, Anthropic, Railway/AWS), or force majeure.

§ 7. Technical conditions of use

  1. Using the App requires:
    1. a device with internet access;
    2. a current version of a web browser (Chrome, Safari, Firefox, Edge);
    3. JavaScript and cookies enabled;
    4. an active email account.
  2. Risks associated with the use of electronic services (Art. 6(1) UŚUDE): the possibility of a password being intercepted when using an unsecured network, the risk of phishing targeting the email address linked to the Account, and the risk associated with sharing health data in an online service. The Provider recommends using a unique, strong password and keeping the browser up to date.

§ 8. Liability

  1. The Provider is not liable for:
    1. the User’s training decisions and their consequences, including any injuries, harm, deterioration of health, overtraining, or other adverse effects of training in line with the App’s suggestions;
    2. the consequences of the User not following the “stop and consult a specialist” recommendations displayed by the App;
    3. inaccuracies, errors, or gaps in AI content, to the extent they result from the nature of generative large-language-model technology;
    4. unavailability of the App due to causes beyond the Provider’s control (including failures of external providers);
    5. the consequences of the User providing untrue, incomplete, or outdated data in the profile.
  2. The provisions of paragraph 1 do not exclude or limit the Provider’s liability to the extent that such liability cannot be excluded or limited under mandatory provisions of law, in particular towards Consumers (Art. 385(1) of the Polish Civil Code — the prohibition of abusive clauses — and liability for personal injury in the case of wilful misconduct or gross negligence).
  3. To the maximum extent permitted by law, the Provider’s total liability towards the User arising from use of the App is limited to <LIABILITY_CAP_AMOUNT>. [UNCERTAIN — lawyer: a cap is generally unenforceable against a consumer; this clause must be reviewed and is likely to be removed or substantially reworded with respect to consumers]

§ 9. User obligations

  1. The User undertakes to:
    1. provide true, current, and complete data in the training profile;
    2. promptly update information about injuries, ailments, or other material changes in their state of health;
    3. stop exercising and consult a physician in the event of pain, discomfort, dizziness, shortness of breath, or other concerning symptoms;
    4. use the App in accordance with its purpose, the law, and good practice;
    5. not take any action that compromises the security of the App (including unauthorized access, code-injection attempts, or prompt injection against the AI systems aimed at obtaining other Users’ data).

§ 10. Complaints

  1. The User may submit complaints regarding the functioning of the App to the email address smartensity@gmail.com.
  2. A complaint should include: identification of the User (the Account email address), a description of the problem with the date it occurred, and the expected resolution.
  3. The Provider considers complaints within 14 days of receiving a complete submission. The reply is sent to the User’s email address.
  4. A Consumer may use out-of-court complaint-resolution methods, including the European Commission’s ODR platform (https://ec.europa.eu/consumers/odr).

§ 11. Termination of the agreement / account deletion

  1. The User may terminate the agreement at any time by deleting the Account from within the App (where such a function is available) or by sending an account-deletion request to smartensity@gmail.com. [UNCERTAIN — lawyer: functionality requires implementation, see the issue on GDPR Art. 17]
  2. Deleting the Account results in the deletion or anonymization of the User’s data in accordance with the Privacy Policy, subject to data retained to fulfil legal obligations or for audit purposes (e.g. ai_requests logs — see docs/legal/DATA_PROCESSING.md).
  3. The Provider may terminate the agreement on 14 days’ notice in the event of a material breach of these Terms by the User, with immediate effect in the event of a gross breach (e.g. an attempt to attack the App, or infringement of third-party rights).
  4. A Consumer has the right to withdraw from a distance contract within 14 days — in accordance with the Polish Act of 30 May 2014 on Consumer Rights. Given the free nature of the MVP service, this provision is mainly declaratory. [UNCERTAIN — lawyer: update when payments are introduced]

§ 12. Intellectual property

  1. All rights to the App, including to its code, interface, trademarks, and graphic materials, belong to the Provider or its licensors.
  2. AI content generated based on the User’s data is made available to the User for personal, non-commercial use. The User may print, copy, and use it in their own training, but may not resell it or make it publicly available as a commercial product.
  3. Data entered by the User remains the User’s. The Provider processes it on the terms described in the Privacy Policy.

§ 13. Changes to the Terms

  1. The Provider may change the Terms for important reasons, in particular: changes in the law, changes in the App’s functionality, changes regarding sub-processors (data processors), or changes in the commercial model.
  2. The User will be informed of a change at least 14 days in advance by email and by an in-app message. Continued use of the App after a change takes effect is deemed acceptance of the new version of the Terms. A User who does not accept a change may terminate the agreement without notice.

§ 14. Final provisions

  1. In matters not regulated by these Terms, Polish law applies, in particular the Civil Code, UŚUDE, RODO/GDPR, and the Act on Consumer Rights.
  2. The court competent to resolve disputes is the locally competent court under the provisions of the Polish Code of Civil Procedure. With respect to a Consumer, the rules on general jurisdiction apply (generally, the court competent for the Consumer’s place of residence).
  3. Version: 0.1, effective date: 2026-06-15. The version number and date are recorded in the User’s Account at the moment of acceptance (consent_version, consented_at fields).

Appendices (to be completed after legal review)

  • Appendix A: Model withdrawal-from-contract form (once a charge is introduced).
  • Appendix B: List of sub-processors (data processors) — see PRIVACY_POLICY.md.