PerformApp Terms of Service

1. Service provider and contact details

PerformApp is a project that is not currently incorporated as a company, developed and managed by Lorenzo Mastriani, including under the MasterWare project name. MasterWare does not refer to a separate company.

In these Terms, “PerformApp” or the “Provider” means Lorenzo Mastriani as the person responsible for the PerformApp project. For information, support or communications about the Service, write to contact@performapp.net.

2. Acceptance of the Terms

These Terms govern access to and use of the PerformApp application, the associated website and related features, collectively referred to as the “Service”.

Before using the Service, users should carefully read these Terms and the Privacy Policy. By creating an account, where applicable, or by installing or using PerformApp, users declare that they have read and accepted these Terms. Anyone who does not wish to accept them must not use the Service.

3. Requirements for using the Service

Users may use PerformApp if they have the legal capacity required to enter into a binding agreement.

Minors may use the Service only to the extent permitted by applicable law and with the authorisation and supervision of a parent or legal guardian where required.

Users must also comply with any age, device, operating-system and account requirements established by the App Store, Google Play or other third-party services used.

4. Description of PerformApp

PerformApp is an application for organising and tracking workouts. Depending on the installed version and operating system, it allows users to:

• create, organise and perform workouts and workout plans;
• manage exercises, sets, repetitions, weight and RIR;
• use timers linked to sets and work or rest periods;
• record workout history;
• view statistics and trends in recorded data;
• use an exercise catalogue;
• use Auto Sync to synchronise supported content between devices associated with the same account when the feature is available and active;
• share workout plans or workouts in text form using the sharing features available on the device.

The data space associated with each account is individual and cannot be shared in full with other users. Any future sharing or transfer features will concern individual workout plans or workouts selected by the user and will not provide access to the entire personal space.

Some features may differ between iOS and Android or change following updates. Unless expressly stated otherwise, PerformApp does not provide medical advice, professional coaching or personalised programmes developed by a professional.

5. Account and user responsibility

Some versions or features of PerformApp may require an account to be created or used.

Users agree to:

• provide accurate and up-to-date information;
• keep sign-in credentials confidential;
• not allow third parties to use their account without authorisation;
• promptly notify PerformApp of unauthorised access or suspected compromise;
• be responsible for activities carried out through their account, except where otherwise provided by law.

Users are also responsible for the security of their device and any backup systems used.

6. Permitted and prohibited uses

The Service may be used only for personal and lawful purposes, in accordance with these Terms, applicable law and the rights of others.

Users must not:

• use PerformApp for illegal, fraudulent or harmful purposes;
• attempt to access accounts, data, systems or infrastructure without authorisation;
• interfere with the security, availability or proper operation of the Service;
• introduce malware, harmful code or other potentially damaging tools;
• copy, modify, distribute, sell or license the application or any part of it, except as permitted by law;
• reverse-engineer or attempt to derive the source code, except where expressly permitted by applicable law;
• misuse sharing features;
• enter or share unlawful or offensive content, or content that infringes privacy, intellectual property or other third-party rights;
• use the Service in a way that compromises its security or operation.

7. User-submitted content and data

Users retain the rights and responsibility for data and content entered in PerformApp, including workout-plan names, custom exercises, notes and workout data.

Users must ensure that they have the right to enter and share such content and do not include unlawful information or third-party personal data without an appropriate legal basis.

When users voluntarily activate a feature involving the technical transmission of data, including Auto Sync, they grant the Provider only the limited permissions needed to perform the requested feature. This permission does not transfer ownership of the content.

Personal-data processing is described separately in the PerformApp Privacy Policy.

8. Sharing workout plans and workouts

PerformApp allows users to share text representations of workout plans or workouts through the tools provided by the device and apps selected by the user.

If direct transfer features become available in the future, they will concern only the individual workout plan or workout selected by the user. They will not share the account or provide access to the entire personal data space.

Before sharing, users are responsible for checking the generated content and selected recipients. Once content has been sent to another person or platform, its processing also depends on the recipient and the third-party service used.

PerformApp does not control the subsequent use, modification or distribution of content shared by users outside the application.

9. Intellectual property

The application, website, logo, graphics, design, text, software and other elements of the Service are protected by applicable intellectual-property law and belong to their respective owners.

Users are granted a personal, limited, non-exclusive, non-transferable and revocable licence to use PerformApp in accordance with these Terms. The licence does not grant users any ownership rights in the application, the PerformApp trade mark or other elements of the Service.

10. Health, safety and absence of medical advice

PerformApp is a tool for recording and organising workouts. It is not a medical device and does not provide diagnoses, prescriptions, or medical, physiotherapy, nutritional or healthcare advice.

The information, timers, statistics and other data shown by the app are for organisational and informational purposes and do not replace the advice of a doctor or qualified professional.

Training and the choice of exercises, weights, repetitions, intensity and rest periods are the user’s responsibility. Users must assess their physical condition, use appropriate equipment and technique, and stop exercising if they experience pain, illness or other unusual symptoms.

Before starting or changing a training programme, particularly in the presence of medical conditions, injury, pregnancy or doubts about physical condition, users should consult a doctor or qualified professional.

11. Availability, changes and interruptions

PerformApp is provided according to current technical availability. The Provider aims to keep the Service reasonably operational but does not guarantee that it will always be available, error-free or compatible with every device and operating-system version.

The Service may be updated, corrected, changed, limited or temporarily interrupted for technical, security, maintenance, product-development or regulatory reasons.

Where reasonably possible, significant changes that adversely affect use of the Service will be communicated with adequate notice. No change will result in charges or acceptance of paid services without valid user consent.

Users are responsible for keeping the application up to date and retaining any copies or backups of data through the available methods.

12. Account suspension and closure

Users may stop using the Service at any time and, where available, delete their account by following the procedure in the app or on the Delete Account page.

When deletion is complete, the account, associated active cloud data and the local database linked to that account on the device are deleted. A pseudonymous technical receipt, containing none of the account content and used only to track and ensure the reliability of deletion, also remains for 30 days. PerformApp returns to any pre-existing guest archive, which remains separate and may retain its own local settings; a separate, inactive imported guest archive may also remain. These archives are not data from the deleted account, which is not converted or copied into them. Isolated technical copies may remain temporarily for the period indicated in the Privacy Policy.

The Provider may limit, suspend or close an account where reasonably necessary, particularly in the event of:

• a serious or repeated breach of these Terms;
• unlawful or fraudulent use;
• a risk to the security of the Service or other users;
• a legal obligation or request from a competent authority;
• discontinuation of the feature or Service.

Except in urgent cases or where prohibited by law, the Provider will take proportionate measures and seek to inform the user of the reasons for suspension or closure.

The consequences of deleting the account and data are described in the Privacy Policy and on the “Delete Account” page.

13. Limitations of liability

To the extent permitted by law, PerformApp does not guarantee specific sporting, physical or health results. Statistics, estimates, timers and historical data may be affected by information entered by the user, the device or technical errors and must be checked by the user before being used for training decisions.

To the extent permitted by law, the Provider is not liable for damage resulting from:

• use of the Service contrary to these Terms or available instructions;
• incorrect or incomplete information entered by the user;
• improper exercise technique or inappropriate use of weights and equipment;
• data loss caused by the device, uninstallation, external services or failure to make available backups;
• unavailability or conduct of third-party platforms and services;
• content voluntarily shared by the user.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for wilful misconduct or gross negligence, or affects mandatory consumer rights.

14. Third-party services and platforms

PerformApp is distributed through the App Store and Google Play and may interact with operating-system features or external services actually available in the version being used, such as authentication, Auto Sync, backup, sharing or optional integrations.

Use of these services may be subject to the terms and privacy policies of their respective providers. PerformApp does not control their availability, changes or applicable conditions.

Apple, Google and other external service providers are not responsible for PerformApp except as provided by their terms or applicable law.

15. Changes to the Terms

These Terms may be updated to reflect changes to the Service, technical or security requirements and regulatory changes.

The updated version will be published on this page with the date of the latest update. Significant changes will be communicated appropriately and, where required by law, with reasonable notice or a request for renewed consent.

If users do not accept the changes, they may stop using the Service and delete their account, where present. Changes will not apply retroactively where prohibited by law.

16. Governing law and jurisdiction

These Terms are governed by Italian law.

If the user is a consumer, this choice does not deprive them of protection afforded by mandatory provisions of the law of their country of habitual residence, where applicable.

Consumer disputes are subject to the court identified by applicable mandatory rules, including the court of the consumer’s place of residence or domicile where provided by law.

For users who are not acting as consumers, jurisdiction is determined according to the ordinary criteria laid down by Italian law.

Before starting a dispute, users may contact PerformApp to seek an amicable solution without limiting their right to contact the competent authorities or bodies.