Terms of Use — Track28

Terms of Use for Track28

Effective Date: Monday, August 10, 2026

Welcome to Track28 ("we," "us," "our"). These Terms of Use ("Terms") govern your access to and use of the Track28 app and related services ("Services"). By using our Services, you agree to these Terms. If you do not agree, please do not use our Services.

Note: nothing in these Terms removes rights that the mandatory consumer-protection or privacy laws of your place of residence give you and that cannot be waived by contract.

1. Eligibility

You must be at least 18 years old to use our Services.
By using our app, you represent that you are legally able to enter into this agreement.
The Services are not intended for anyone under 18. If we learn that an account belongs to a person under 18, we will close it and delete the data associated with it, on the same terms as any account closure (see Section 8).

2. Account Registration and Responsibilities

You need an account to use the Services. You do not have to use your real name — a first name or a pseudonym is enough.
You are responsible for maintaining the confidentiality of your login credentials.
You agree to provide accurate and up-to-date contact information (in particular, an email address you control).
You are responsible for all activities under your account.

3. Use of the Services

The app provides personalized training plans for women — today, running plans — adapted to their hormonal profile (menstrual cycle, contraception, or hormonal life stage) and to the other health information they provide.
You agree to use the app only for its intended purposes and in compliance with applicable laws and regulations.
You may hold one account. You must not create multiple or automated accounts, share your account, or use the Services to obtain repeated free trials or promotional benefits.
You must not:
- Reverse-engineer or tamper with the app.
- Use the app to upload harmful or unlawful content.
- Interfere with the app's operation or security.
Content you upload. We may remove content that breaches these Terms or the law, or refuse to accept it.
Pre-release versions. Some versions of the app are made available for testing before general release (for example through TestFlight). We do not charge separately for access to one, and it may be incomplete or unstable, may change or be withdrawn at any time, and may lose data. Sections 4 and 9 apply to them in full. If you hold a paid subscription, Section 8 governs any change to the Services you have paid for.

4. Health Disclaimer and Assumption of Risk

4.1 Medical Consultation

We strongly recommend that you consult a qualified healthcare professional before using Track28 or beginning any exercise program suggested by the app. If you have a pre-existing medical condition, an injury or a physical disability, or if you are pregnant, postpartum, or have recently undergone surgery, you must consult a physician and obtain their clearance before using the app.
The app generates workout plans and running programs using automated algorithms. These plans are general in nature and are not personalized medical advice. They do not account for your specific medical history, conditions, or limitations.

4.2 Physical Fitness Requirement

By using Track28, you confirm that you consider yourself in sufficient physical health and condition to participate in the exercise programs provided by the app.
If you have any known or suspected health conditions—including but not limited to cardiovascular issues, respiratory conditions, joint or bone disorders, or any chronic illness—you must not use the app without your physician's prior clearance.

4.3 Know Your Own Limits

You are solely responsible for understanding and respecting your own physical limits and abilities.
You must immediately stop any exercise if you feel pain, discomfort, dizziness, nausea, shortness of breath, or any other unusual symptoms during a workout.
Track28 does not monitor your physical condition in real time and cannot detect or respond to signs of physical distress.

4.4 AI-Generated Workouts

Workout plans provided by Track28 are generated by automated systems and algorithms. While we strive to provide safe and effective training plans, these plans are not reviewed by a medical professional or certified personal trainer on an individual basis.
You acknowledge that AI-generated content may contain errors, may not be suitable for your specific fitness level, and should always be evaluated using your own judgment and, when in doubt, in consultation with a healthcare provider.

4.5 Assumption of Risk

Physical exercise carries inherent risks, including but not limited to: muscle strains, sprains, fractures, joint injuries, overuse injuries, heat-related illness, cardiac events, and in rare cases, serious injury or death.
By using Track28, you acknowledge these inherent risks and agree to train within your own limits. This Section does not limit any liability that we cannot exclude by law (see Section 4.6).

4.6 Limitation of Liability for Health and Injuries

Track28 is not a medical device, a healthcare provider, or a substitute for professional medical advice, diagnosis, or treatment.
You acknowledge that physical exercise carries inherent risks (see Section 4.5) and that you are responsible for exercising within your own limits and for obtaining medical clearance where appropriate.
To the fullest extent permitted by applicable law, Track28, its founders, employees, affiliates, and partners are not liable for any indirect, incidental, consequential, or special damages arising from or related to your use of the workout plans or exercise programs suggested by the app.
Nothing in these Terms excludes or limits our liability where it cannot lawfully be excluded or limited — including, under the Civil Code of Québec, liability for bodily or moral injury caused to you, or liability arising from an intentional or gross fault. This Section does not affect your mandatory rights as a consumer under the laws of your place of residence.

4.7 No Guarantees

Track28 does not guarantee any specific fitness results, performance improvements, or health outcomes from using the app.
Results may vary based on individual factors including but not limited to age, fitness level, consistency, nutrition, sleep, and overall health.

4.8 Cycle Predictions Are Not Contraception or Medical Guidance

Track28 estimates cycle phases and, where you have not entered one, an ovulation day. These estimates are calculated from the information you enter and are approximations produced for training purposes only. They can be wrong for any given cycle, and cycles vary.
Track28 must not be used as a method of contraception, as a fertility or family-planning tool, or to determine whether you can or cannot become pregnant. Do not rely on the app to prevent or achieve a pregnancy.
The app does not detect, diagnose, or monitor any medical condition — including pregnancy, cycle disorders, perimenopause, or menopause. What the app shows about hormonal phases is general educational content, not medical advice about your situation.
Training can affect your cycle. Hard training, or training loads that increase quickly, can make periods irregular or stop them altogether — a recognized sign of low energy availability in sport. If that happens while you are training with Track28, do not increase your training load, and consult a healthcare professional.
If your cycle changes, stops, becomes painful or unusually heavy, or if you think you may be pregnant, speak to a healthcare professional.

5. Privacy

Our Privacy Policy explains how we collect, use, retain, and protect your personal information. We provide it for transparency; it is not a contract. The consents that the law requires — including your express consent to the use of your health data — are collected separately in the app, and you may withdraw them at any time as described in the Privacy Policy. Accepting these Terms is not consent to the processing of your health data.

6. Fees and Payments

Track28 may offer free and paid subscription options. The price, billing period, and features of each subscription are shown at the point of purchase.
Subscriptions purchased through an app store (currently the Apple App Store) are billed by that store, and your billing relationship is with the store, not with Track28. All cancellation and refund requests for those subscriptions must be made through your account with that store; Track28 cannot process or issue these refunds. You can manage or cancel your subscription in your device's Subscription settings.
Auto-renewal: paid subscriptions renew automatically for the same period unless you cancel at least 24 hours before the end of the current period. Deleting the app does not cancel your subscription.
Where we bill you directly (outside the App Store), fees are non-refundable except where a refund is required by applicable law, including the mandatory consumer-protection laws of your place of residence.
If you are in the European Union, the United Kingdom, or another region with a statutory withdrawal ("cooling-off") period, by starting your subscription you request that we begin providing the Services immediately and acknowledge that you will lose your right of withdrawal once the Services have been fully performed, to the extent permitted by applicable law.
You are responsible for any third-party fees (e.g., data usage charges) incurred while using the app.

7. Intellectual Property

7.1 Our property. All content, features, and functionality of the app are the exclusive property of Solutions Track28 inc. or its licensors. You may not reproduce, distribute, or create derivative works from the app without our written permission.

7.2 Your content. You keep ownership of the content you submit to the app, including any file, photo or document you upload. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, and display that content solely as needed to operate and provide the Services. This licence ends when you delete the content or your account, except for copies kept in our encrypted backups, which are purged within 90 days.

7.3 Feedback. If you send us ideas, suggestions, or feedback about the Services, we may use them without restriction, obligation, or compensation.

8. Termination

We may suspend or terminate your access to the app if you violate these Terms. Unless the violation is serious (such as fraud, unlawful use, abuse of free or promotional access, or harm to the Services or to other users) or the law requires us to act immediately, we will notify you first and give you a chance to remedy it.
You may close your account at any time in the app's settings, or by contacting contact@track28app.com. Closing your account erases your account and health data from our live systems; a limited security log of account changes is kept for up to 2 years, and residual copies in our encrypted backups are purged within 90 days.
Changes to the Services. We may change, suspend, or discontinue all or part of the Services. If a change materially reduces Services you have paid for, we will give you at least 30 days' notice and, for amounts you paid us directly for a period not yet served, a pro-rata refund; for subscriptions billed by an app store, see Sections 6 and 12.

9. Limitation of Liability

In Section 4.6 and in this Section, "Track28" includes Solutions Track28 inc. and its directors, officers, employees and contractors.
Track28 is provided on an "as is" and "as available" basis.
We do not guarantee uninterrupted or error-free operation of the app.
Connected services and devices. Plans are built from what you enter and from what your connected services or devices (such as a health platform or a fitness device) send us. We do not control those services, do not verify the accuracy of what they provide, and are not responsible for their availability, for gaps or delays in what they send, or for a plan that reflects inaccurate data from them.
Your records. We take reasonable measures to keep the app running, but we do not guarantee that the information you enter will always be available or free of loss. You can export a copy of the data you gave us from the app at any time; a full copy of everything we hold about you is available from our Privacy Officer.
To the fullest extent permitted by law, Track28 is not liable for indirect, incidental, or consequential damages arising from the use or inability to use the app.
To the fullest extent permitted by law, Track28's total aggregate liability for all claims arising out of or relating to the Services is limited to the greater of (a) the amounts you paid for the Services (to us, or to the app store that billed you) in the 12 months preceding the event giving rise to the claim, and (b) CAD $100.
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for bodily or moral injury or for an intentional or gross fault under the Civil Code of Québec, or your mandatory rights as a consumer. Where any limitation here is prohibited by such law, it applies only to the extent permitted.

10. Indemnification

You agree to indemnify and hold harmless Track28, its affiliates, and its employees from claims, damages, or expenses (including reasonable legal fees) brought by a third party and arising out of your violation of these Terms or your unlawful use of the Services. This Section does not apply where and to the extent it is prohibited by the mandatory consumer-protection law of your place of residence.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein.
Before starting any formal proceeding, you agree to first contact us at contact@track28app.com so we can try to resolve the matter informally. This step never limits your right to apply to the courts, or to the Commission d'accès à l'information, at any time.
Any dispute will be submitted to the courts of the judicial district of Montréal, Province of Quebec, which will have jurisdiction — save that, if you are a consumer, you may bring proceedings in the judicial district of your own residence where the law so provides. If you are a consumer, nothing in these Terms deprives you of your right to bring proceedings, or requires you to arbitrate, where the mandatory law of your place of residence provides otherwise — including Quebec's Consumer Protection Act, which prevents us from requiring you to arbitrate or from waiving your right to join a class action.

12. Modifications to Terms

We may modify these Terms. How a change takes effect depends on what it does:

Minor changes — clarifications, corrections, or changes that do not reduce your rights or increase your obligations — take effect when posted on this page with an updated "Effective Date."
Material changes — we will notify you at least 30 days before they take effect, by email (and usually also in the app), in a notice dedicated to that change. The notice will set out the new clause (and the former clause, where one is amended), the date it comes into force, and your right to refuse it. If a material change reduces your rights or increases your obligations, you may refuse it by closing your account — and, where you have a paid subscription, cancelling it — without cost or penalty, at any time before the change takes effect and for 30 days after it comes into force. For a subscription billed by an app store, cancel through your account with that store: the store, not Track28, issues those refunds (see Section 6); if it declines and our change left you with a prepaid period you did not use, contact us and we will make it right. This is your right under Quebec's Consumer Protection Act, and we extend it to all our users.
What we may amend this way: the rules of use, the description of features and Services, legal and privacy-related clauses, dispute-resolution mechanics, and fees for future periods. We will never unilaterally change, during a period you have already paid for, the price you paid, the essential nature of the Services, or the duration of your subscription — changes of that kind apply only from your next renewal.
Changes required by law, or by a court or regulator, may take effect on shorter notice, to the extent the law allows.

13. Apple App Store — Additional Terms

If you download the Track28 app from the Apple App Store, the following additional terms apply and prevail over any conflicting provision of these Terms with respect to the iOS app:

These Terms are concluded between you and Solutions Track28 inc. only, and not with Apple Inc. ("Apple"). Apple is not responsible for the app or its content.
Apple has no obligation to provide maintenance or support for the app.
To the maximum extent permitted by law, Apple has no warranty obligation with respect to the app; any warranty-nonconformity claim is our responsibility, not Apple's.
Apple is not responsible for addressing any claim you or a third party may have relating to the app, including product-liability, legal/regulatory-conformity, and consumer-protection or privacy claims.
Apple is not responsible for third-party intellectual-property infringement claims relating to the app; we, not Apple, are responsible for their investigation, defense, settlement, and discharge.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting," and are not on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.

14. General

Entire agreement. These Terms, together with the documents they expressly incorporate, are the entire agreement between you and us regarding the Services and replace any prior agreement on the same subject. For clarity, the Privacy Policy is provided for transparency and is not incorporated into these Terms (see Section 5).
Language. These Terms are drawn up in French; the French version prevails, and the English version is provided for convenience.
Assignment. We may assign these Terms in connection with a merger, an acquisition, or a sale of assets, provided your rights under them are not reduced. You may not assign them without our written consent.
Force majeure. Neither of us is liable for a delay or failure caused by an event beyond our reasonable control (superior force within the meaning of the Civil Code of Québec).
No waiver. If we do not enforce a provision of these Terms, that is not a waiver of our right to enforce it later.
Severability. If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Survival. Provisions that by their nature should survive the end of these Terms do survive — including Sections 4 (health disclaimer), 6 (fees accrued), 7 (intellectual property), 9 (limitation of liability), 10 (indemnification), 11 (governing law), and 13 (Apple additional terms).

15. Contact Us

For questions about these Terms, contact us at:

Email: contact@track28app.com

Company: Solutions Track28 inc. — NEQ 1181834293

Address: 1709 av. Egan, Montréal (Québec) H4E 2J6, Canada

Phone: