Hardgainer Rats — Terms of Service

STATUS: DRAFT (v0.1, 2026-07-28) — English version of the Polish Terms
(REGULAMIN.md), to be reviewed by legal counsel before publication.
In case of any discrepancy, the Polish version prevails for consumers
residing in Poland. Fields marked [TO BE COMPLETED] require a decision.

§ 1. General provisions

These Terms of Service (the Terms) set out the rules for using the Hardgainer Rats application — a strength-training log available as a web application (PWA) and, following release, as a mobile application in the App Store and Google Play (the App).
The App is operated by MPR spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw, ul. Floriańska 6/02, 03-707 Warsaw, Poland, registered under KRS 0000788188, NIP (VAT ID) 5783137225, share capital PLN 10,000 (the Operator).
Contact: [TO BE COMPLETED — support e-mail address].
Hardgainer Rats is a product separate from the Calendesk platform.

§ 2. Definitions

User — a natural person aged 16 or over who uses the App under the Agreement. A User who is a consumer enjoys full protection under the Polish Act on Consumer Rights and applicable EU consumer law.
Account — the User's individual account, created with an e-mail address and password; one Account belongs to one User.
Agreement — the agreement for the supply of digital services (keeping a training log), concluded between the Operator and the User upon registration.
User Content — data entered by the User, in particular workout records and the User's own list of exercises and categories.

§ 3. Subject matter and scope

The Operator supplies, by electronic means, a digital service consisting of access to the App for recording strength-training sessions, storing them and presenting statistics and progress charts.
The App is a self-tracking tool. **It does not constitute medical, physiotherapeutic or coaching advice.** Consult a physician or a qualified trainer before starting a training programme if your health requires it.
The App is currently free of charge. Paid features (e.g. purchases in the App Store / Google Play) will only be introduced on terms announced in advance; in-app payments will be handled by Apple or Google respectively, under the terms of those stores.

§ 4. Conclusion of the Agreement and technical requirements

The Agreement is concluded upon registration of the Account (providing an e-mail address, setting a password and accepting these Terms and the Privacy Policy).
Using the App requires a device with an up-to-date web browser (or iOS / Android for the mobile app), an internet connection and an active e-mail address. The App offers limited offline use; synchronisation requires connectivity.
The User undertakes to provide a valid e-mail address belonging to them and to keep the password confidential.

§ 5. Rules of use

The following are prohibited: supplying unlawful content, attempting to access other Users' data, actions disrupting the App (including automated API querying beyond normal use), impersonating others, and sharing the Account with third parties.
The Operator may block an Account in the event of a material breach of these Terms, after first requesting that the User cease the breach — unless the breach is manifest and threatens damage, in which case the block may be immediate and the User will be informed of the reason and of the right to submit an explanation.

§ 6. User Content and data

User Content remains the property of the User. The Operator processes it solely to provide the service (storage, synchronisation, statistics), does not use it for any other purpose and does not disclose it to third parties, save for obligations arising from law.
The User may at any time export their data (Settings › Export backup, JSON format) and delete the Account together with all data (Settings › Account › "Delete account & all data"); deletion is immediate and irreversible.
Personal data processing is described in the Privacy Policy: [URL TO BE COMPLETED].

§ 7. Availability and support

The Operator endeavours to keep the App available at all times but reserves the right to technical breaks (maintenance, updates). Planned breaks longer than 6 hours will be announced in advance.
Error reports and questions: [TO BE COMPLETED — support e-mail address].

§ 8. Operator's liability (conformity of the digital service)

The Operator is liable to a consumer for the conformity of the digital service with the Agreement under the Polish Act on Consumer Rights (Chapter 5b), implementing Directive (EU) 2019/770.
Where the service is not in conformity, the User may request that it be brought into conformity; the Operator will do so within a reasonable time and at its own cost. If this is impossible or the Operator fails to do so, the User may — for paid services — request a price reduction or withdraw from the Agreement.
The Operator is not liable for: the consequences of sharing the password with third parties, loss of data stored solely on the User's device (without synchronisation), interruptions caused by force majeure, or by the User's internet provider.
Nothing in these Terms excludes or limits consumer rights arising from mandatory provisions of law.

§ 9. Right of withdrawal (consumers)

A User who is a consumer may withdraw from the Agreement concluded at a distance within 14 days of its conclusion, without giving a reason, by a statement sent to the Operator's e-mail address (template: Schedule 1).
As the App is currently free of charge, withdrawal has the same effect as deleting the Account.
For future purchases in the App Store / Google Play, the refund rules of those stores apply in addition.

§ 10. Complaints

Complaints may be submitted to the Operator's e-mail address and should include: the Account e-mail address, a description of the problem and the expected resolution.
The Operator will consider complaints within 14 days of receipt and respond to the address from which the complaint was sent.
A consumer may use out-of-court complaint and redress mechanisms, including the ODR platform (ec.europa.eu/consumers/odr) and the assistance of the municipal (district) consumer ombudsman in Poland.

§ 11. Duration and termination

The Agreement is concluded for an indefinite period.
The User may terminate the Agreement at any time by deleting the Account in the App.
The Operator may terminate the Agreement for important reasons (ceasing to provide the service, changes in law, loss of technical capability) with one month's notice, informing the User by e-mail and allowing data export before the Account is closed.

§ 12. Intellectual property

The App (code, interface, graphics, the name Hardgainer Rats) is protected by the Operator's rights. The User receives a non-exclusive, non-transferable licence to use the App for their own use, for the duration of the Agreement.

§ 13. Amendments to the Terms

The Operator may amend these Terms for important reasons (changes in law, changes in functionality, security considerations, editorial changes).
Users will be notified of amendments in the App or by e-mail. Amendments take effect no earlier than 7 days after notification.
A User who does not accept the amendments may terminate the Agreement (delete the Account) before they take effect.

§ 14. Final provisions

These Terms are governed by Polish law, provided that this choice does not deprive a consumer of the protection afforded by the mandatory rules of the country of their habitual residence (Article 6 of the Rome I Regulation).
Disputes with consumers are subject to the courts having jurisdiction under general rules.
These Terms are effective as of [DATE TO BE COMPLETED].

Schedule 1 — model withdrawal form

To: MPR sp. z o.o., ul. Floriańska 6/02, 03-707 Warsaw, Poland,
e-mail: [TO BE COMPLETED]

I hereby give notice of my withdrawal from the agreement for the supply of
the Hardgainer Rats digital service.

— Account e-mail address: ……………………
— Date of conclusion (registration): ……………………
— Date: ……………………
— Signature (only if sent on paper): ……………………