Welcome to HitSmart. These Terms of Use (“Terms”) govern your access to and use of the HitSmart mobile application (“App”) operated by HitSmart Inc. (“we,” “us,” or “our”), a Canadian corporation. By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
1. Eligibility
You must be at least 13 years of age to use the App. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you must have the consent of a parent or legal guardian.
2. Account Registration
To access certain features of the App, you may be required to create an account using Google Sign-In, Sign in with Apple, or another supported authentication method. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.
3. Description of Service
HitSmart provides AI-powered combat sports analysis tools, including video analysis of sparring footage, punch force estimation, and concussion risk screening. The App is intended for informational and training purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions regarding a medical condition.
4. Subscriptions and Payments
HitSmart offers auto-renewable subscription plans (“HitSmart Pro”) that provide access to premium features. By subscribing, you agree to the following:
Subscription Options: Monthly and yearly subscription plans are available. Current pricing is displayed in the App at the time of purchase.
Free Trial: We may offer a free trial period. If you do not cancel before the end of the free trial, your subscription will automatically convert to a paid subscription and you will be charged the applicable subscription fee.
Billing: Payment will be charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
Managing Subscriptions: You can manage and cancel your subscription at any time through your Apple ID Account Settings. No refunds will be provided for the unused portion of any subscription period.
Price Changes: We reserve the right to change subscription pricing. Any price changes will take effect at the start of the next subscription period following the date of the price change. Your continued use of the App after the price change constitutes your agreement to pay the new price.
5. Account Deletion
You may request deletion of your account at any time through the App’s settings. Upon deletion, your personal data will be removed in accordance with our Privacy Policy. Please note that deleting your account does not automatically cancel any active subscriptions — you must cancel your subscription through your Apple ID Account Settings.
6. User Conduct
You agree not to: use the App for any unlawful purpose; upload content that infringes on the rights of others; attempt to gain unauthorized access to the App’s systems or other users’ accounts; use the App to harass, abuse, or harm others; reverse engineer, decompile, or disassemble any part of the App; or use the App in any manner that could damage, disable, or impair our services.
7. User Content
You retain ownership of any content you upload to the App, including sparring footage and videos (“User Content”). By uploading User Content, you grant us a limited, non-exclusive license to process, analyze, and store your content solely for the purpose of providing the App’s services to you. We do not share your User Content with third parties except as described in our Privacy Policy.
8. Intellectual Property
The App and its original content, features, and functionality are owned by HitSmart Inc. and are protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App without our prior written consent.
9. Disclaimer of Warranties
The App is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components. HitSmart’s AI analysis, including punch force estimates and concussion risk assessments, are approximations based on video analysis and should not be relied upon as medical diagnoses. Always consult a qualified medical professional for health-related decisions.
10. Limitation of Liability
To the maximum extent permitted by applicable law, HitSmart Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the App. In no event shall our total liability exceed the amount you have paid us in the twelve months preceding the claim.
11. Assumption of Risk
Combat sports involve inherent risks of injury. You acknowledge that participation in boxing, sparring, and other combat sports carries significant risk, and that the App’s analysis tools do not eliminate or reduce these risks. You assume full responsibility for any injuries sustained during training or competition, regardless of any information provided by the App.
12. Third-Party Services
The App may integrate with third-party services such as Google and Apple for authentication. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices of any third-party services.
13. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms within the App or on our website. Your continued use of the App following any changes constitutes acceptance of the revised Terms.
14. Termination
We may terminate or suspend your account and access to the App at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts of Ontario, Canada.
16. Contact Us
If you have any questions about these Terms, please contact us at:
HitSmart Inc.
Toronto, Ontario, Canada
Email: support@hitsmart.app