Terms of Service

These Terms of Service (the “Terms”) are the agreement between you and H-G, s.r.o.(“we”, “us”) for the use of the ENYX mobile application (the “App”) and the website at enyx.store. Please read them — they cover what you are paying for, what happens to your data, and the limits of what we are responsible for.

Company: H-G, s.r.o.
Email: app.enyx@gmail.com

1. Accepting these Terms

By downloading, creating an account in, or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App. If you are using ENYX on behalf of an organisation, you confirm you are authorised to bind it.

2. Who may use ENYX

You must be at least 16 years old, or the minimum age of digital consent in your country if that is lower and a parent or guardian agrees on your behalf. You must be able to enter into a binding contract and must not be barred from doing so under applicable law.

3. Your account

An account is required, because it is what carries your data between devices and what your subscription is attached to. You are responsible for keeping your credentials confidential and for activity that happens under your account. Tell us at app.enyx@gmail.com as soon as you suspect unauthorised use. You may delete your account at any time in Settings; deletion removes your data as described in the Privacy Policy and does not by itself cancel a subscription bought through an app store (see section 5.4).

4. Free trial

New accounts get a free trial of 30 days with the full App unlocked. The trial requires no payment method and does not turn into a paid subscription by itself — when it ends, the App simply asks you to choose a plan. The trial is granted once per account, runs from the day the account is created, and is not extended by reinstalling the App or by signing in on another device. We may change or withdraw trial terms for future users, but not retroactively for a trial already running.

5. Subscriptions and payment

5.1 What is on offer

After the trial, continued use requires ENYX Pro. It is sold either as an auto-renewing subscription, billed monthly or yearly, or as a one-time lifetime purchase. Indicative prices are €2.99 / month, €29.99 / year, and €99.99 one-time. All three unlock exactly the same features.

5.2 Prices

Prices shown in EUR and may differ by country, local taxes and store. Your store shows the final price before you confirm. Prices are set per country and include applicable taxes where the store shows them inclusive of tax. We may change prices for future billing periods; where the law requires it, you will be notified in advance and the change will not take effect until your next renewal, so you always have the chance to cancel first.

5.3 Billing and renewal

Purchases are processed by Apple through the App Store or by Google through Google Play, under their terms and using the payment method on your store account. We never receive your payment details. A subscription renews automatically for the same period unless you cancel it at least 24 hours before the end of the current period, and your account is charged for renewal within the 24 hours before the period ends. The lifetime purchase is a one-time payment and does not renew.

5.4 Cancelling

You can cancel at any time, and you keep access until the end of the period you have already paid for. Cancellation is done in your store account — on iOS in Settings → your name → Subscriptions, on Android in Google Play → Payments and subscriptions. We cannot cancel a store subscription for you, and deleting the App or your ENYX account does not cancel it.

5.5 Refunds and your right of withdrawal

As a consumer in the European Union you generally have 14 days to withdraw from a contract for digital content. Because the App gives you immediate access on purchase, that right ends once supply has begun with your prior express consent and your acknowledgement that you thereby lose the right of withdrawal — which is what you give when you confirm the purchase in the store.

Refunds are handled by Apple and Google under their own policies, not by us; request one through the store you bought from. If you believe you have a statutory right to a refund that the store has declined, write to us at app.enyx@gmail.com and we will look at it. Nothing in this section limits mandatory consumer rights you have under the law of your country of residence.

6. Your data and content

You own the training data you enter. We do not claim any ownership of it. You grant us only the limited permission needed to host, store, back up, sync and display it back to you so the App can function — nothing more, and it ends when you delete the data or your account. We do not use your training data to advertise to you or sell it to anyone, as set out in the Privacy Policy.

The App can export everything you have logged to a file you keep. We recommend exporting periodically. While we take backups, you are responsible for retaining your own copy of anything you would be upset to lose.

7. Acceptable use

You agree not to:

• use the App for any unlawful purpose, or in breach of these Terms;
• attempt to gain unauthorised access to the App, our servers, or another user's account;
• reverse engineer, decompile or disassemble the App, except to the extent that applicable law expressly permits it despite this restriction;
• circumvent, disable or interfere with the trial, the paywall, licence checks or any security feature;
• resell, sublicense, rent or otherwise make the App available to third parties, or share an account so that more than one person uses a single licence;
• use automated means to access the service in a way that places an unreasonable load on it, or that scrapes data from it;
• upload content that is unlawful or that infringes someone else's rights.

We may suspend or terminate access that breaches this section. Where the breach is not serious and can be fixed, we will normally warn you first.

8. Health and safety — please read this one

Strength training carries an inherent risk of injury. Consult a qualified physician before starting or changing any exercise programme, particularly if you have or suspect a medical condition, are pregnant, are recovering from injury, or are taking medication. Stop immediately and seek medical attention if you experience pain, dizziness, shortness of breath or any other warning sign.

Any figure the App displays — including personal records, estimated one-rep maxima, volume totals and trends — is arithmetic performed on data you entered. Estimates such as a calculated one-rep maximum are approximations from a general formula, are not measurements, and must not be used as a target or as a basis for deciding what to attempt. You are solely responsible for the exercises you choose, the loads you use, your technique, and your decisions about your own training and health. To the fullest extent permitted by law, we accept no liability for injury, harm or loss resulting from physical activity you undertake.

9. Third-party exercise content

The App includes a browsable exercise library assembled from a publicly available third-party dataset, with images served by that source. This material is provided for reference only. We do not warrant that its descriptions, classifications or images are accurate, complete or appropriate for you, and it is not instruction in technique.

10. Availability and changes to the App

We aim to keep ENYX working and available, but we do not guarantee uninterrupted or error-free operation. Access can be affected by maintenance, by your device or connection, or by third-party services outside our control. The App is offline-first and continues to record your sessions locally when there is no connection.

We may add, change or remove features, and we may issue updates, including over-the-air updates, which may be required for the App to keep working. If we ever discontinue the App entirely, we will give reasonable notice so you can export your data, and where a paid subscription period has not run out we will provide a pro-rata refund or arrange one through the relevant store.

11. Intellectual property

The App, the Site, their design, code, text, graphics and the ENYX name and logo are owned by H-G, s.r.o. and protected by intellectual property law. Subject to these Terms and to your having an active trial, subscription or lifetime licence, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for your own personal, non-commercial use. All rights not expressly granted are reserved. This licence ends automatically if these Terms end.

12. Disclaimer of warranties

To the fullest extent permitted by law, the App and the Site are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy and non-infringement. We do not warrant that the App will meet your requirements, that it will be uninterrupted or error-free, or that data will never be lost.

Nothing in this section affects the statutory guarantees and remedies that consumer law in your country of residence gives you and that cannot be excluded by agreement, including your rights in respect of digital content that is not supplied in conformity with the contract.

13. Limitation of liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any other liability that cannot lawfully be excluded or limited. Consumers keep all mandatory rights under the law of their country of residence.

Subject to that, and to the fullest extent permitted by law:

• we are not liable for indirect, incidental, special, punitive or consequential loss, or for loss of profit, revenue, goodwill, opportunity or anticipated savings;
• we are not liable for loss or corruption of data, beyond our obligation to take reasonable care and to provide the export function that lets you keep your own copy;
• our total aggregate liability arising out of or in connection with these Terms or your use of ENYX is limited to the greater of the amount you actually paid us for ENYX in the twelve months before the event giving rise to the claim, or fifty euros (€50).

These limits apply however the liability arises, whether in contract, tort including negligence, or otherwise, and they reflect the fact that ENYX is a low-cost consumer app and that its price is set on the basis of this allocation of risk.

14. Your responsibility to us

If a third party brings a claim against us because you used ENYX unlawfully, in breach of these Terms, or in a way that infringes their rights, you agree to be responsible for the losses and reasonable costs we incur as a result. This applies only to the extent the claim is caused by your own conduct, and we will tell you promptly about any such claim and not settle it without consulting you.

15. Suspension and termination

You can stop using ENYX at any time and delete your account in Settings. We may suspend or terminate your access if you materially breach these Terms, if we are required to by law, or if we discontinue the App under section 10. Where we terminate for a breach that was not serious, we will refund any unused portion of a paid period. Sections that by their nature should survive termination — including sections 6, 8, 11, 12, 13, 14 and 18 — continue to apply.

16. App Store and Google Play

These Terms are between you and H-G, s.r.o. only, and not with Apple Inc. or Google LLC. Where you obtained the App from the App Store, you acknowledge that:

• Apple has no obligation to provide maintenance or support for the App;
• if the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App;
• Apple is not responsible for addressing any claim by you or a third party relating to the App, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation;
• Apple is not responsible for the investigation, defence, settlement or discharge of any third-party claim that the App infringes intellectual property rights;
• you represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you 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, have the right to enforce them against you.

Where you obtained the App from Google Play, the Google Play Terms of Service apply to that distribution and purchase relationship in addition to these Terms.

17. Changes to these Terms

We may update these Terms as ENYX changes. The date at the top reflects the current version. If a change is material and affects you as an existing subscriber, we will give reasonable notice in the App before it takes effect, and you may end your subscription before it does. If you keep using ENYX after a change takes effect, the updated Terms apply.

18. Governing law and disputes

These Terms are governed by the law of the Slovak Republic, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer resident in the European Union, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country as well as in Slovakia.

We would much rather sort a problem out directly, so please write to us first at app.enyx@gmail.com. Consumers in the EU may also use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr, and may turn to the relevant alternative dispute resolution body — in Slovakia, the Slovak Trade Inspection (Slovenská obchodná inšpekcia).

19. General

If any provision of these Terms is found unenforceable, the rest remain in force and the unenforceable part applies to the maximum extent permitted. Our failure to enforce a provision is not a waiver of it. You may not transfer your rights under these Terms without our consent; we may transfer ours to an acquirer of the business, provided your rights are not reduced. Neither party is liable for failure to perform caused by events beyond its reasonable control. These Terms and the Privacy Policy are the entire agreement between us about ENYX.

20. Contact

Write to us at app.enyx@gmail.com. We are a small operation and a real person answers.