Max Potential

Terms of Service

MAX POTENTIAL SPORTİF YATIRIMLAR A.Ş.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE TERMS INCLUDE LIMITATIONS OF LIABILITY, DISCLAIMERS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
IMPORTANT HEALTH & SAFETY NOTICE:

MAX POTENTIAL SPORTİF YATIRIMLAR ANONİM ŞİRKETİ ("Max Potential," "we," "us," "our") does not provide medical advice and does not replace professional medical, physiotherapy, dietetic, or coaching services. Any training suggestions, plans, routines, insights, or content are provided for informational purposes only. You participate in physical activities entirely at your own risk. You should consult a qualified professional before starting or changing any exercise or nutrition program.

By downloading, accessing, or using the Application or Services, you agree to be bound by these Terms. If you do not agree, do not use the Services. These Terms incorporate by reference our Privacy Policy (the "Privacy Policy").

1. CONTRACTUAL RELATIONSHIP

These Terms of Service ("Terms") govern your access to and use of Max Potential's applications, websites, content, products, and services (collectively, the "Services"). In these Terms, "including" means "including, without limitation."

Your access and use of the Services constitutes your agreement to be bound by these Terms and creates a contractual relationship between you and Max Potential. If you do not agree, you may not access or use the Services.

We may update these Terms from time to time. Updated Terms will be effective upon posting in the Application or otherwise making them available to you. Your continued use after posting constitutes acceptance of the updated Terms.

We may terminate or suspend your access to the Services at any time if we reasonably believe you violated these Terms, used the Services unlawfully, or if continuing to provide Services would create risk for us or other users.

2. THE SERVICES

The Services are a technology platform designed to help users track athlete development, view reports/visualizations, and receive planning support and recommendations based on user inputs and usage context.

No medical or professional advice. The Services may include training-related suggestions, routines, educational content, or automated insights. These do not constitute medical advice, diagnosis, or treatment and are not a substitute for consultation with qualified professionals.

You acknowledge and agree that following any routine, plan, or recommendation is entirely at your own risk, and you are solely responsible for your health and safety while exercising.

Unless expressly agreed in writing by Max Potential, the Services are provided for your personal, non-commercial use.

3. LICENSE

Subject to your compliance with these Terms, Max Potential grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:

  • access and use the Application on your personal device solely in connection with your use of the Services; and
  • access and use content and materials made available through the Services, solely for your personal, non-commercial use.

All rights not expressly granted are reserved by Max Potential and its licensors.

4. RESTRICTIONS

You may not, and may not allow others to:

  • remove or alter proprietary notices (copyright, trademark, etc.);
  • reproduce, modify, create derivative works, distribute, sell, resell, license, rent, lease, publicly display, publicly perform, transmit, stream, or otherwise exploit any portion of the Services except as permitted by Max Potential;
  • reverse engineer, decompile, or disassemble the Services except to the extent allowed by applicable law;
  • link to, mirror, or frame any portion of the Services in a way that suggests association or endorsement without permission;
  • scrape, crawl, index, data-mine, or use automated means to access or collect data from the Services;
  • attempt to gain unauthorized access to, impair, or disrupt the Services, systems, or networks;
  • use the Services for unlawful, harmful, abusive, defamatory, obscene, or fraudulent purposes.

5. PROVISION OF THE SERVICES; AVAILABILITY

We may change, suspend, or discontinue any part of the Services at any time. Certain features may be made available under different Max Potential brands or via affiliates/partners.

We do not guarantee that the Services will always be available, uninterrupted, timely, secure, or error-free.

6. THIRD-PARTY SERVICES AND CONTENT

The Services may integrate with or link to third-party services, SDKs, APIs, content, or platforms (e.g., analytics providers, payment providers, app stores). We do not control these third parties, and their terms and privacy policies may apply.

Apple and Google. If you access the Services via iOS or Android, your use is also subject to the applicable app store terms. Apple and/or Google may be third-party beneficiaries of these Terms to the extent required by their platform policies; they are not responsible for providing or supporting the Services.

7. OWNERSHIP; INTELLECTUAL PROPERTY

The Services and all related rights are and remain the property of Max Potential or its licensors. These Terms do not grant you any rights:

  • beyond the limited license in Section 3; or
  • to use Max Potential's name, logos, product names, or trademarks without written permission.

8. PAYMENTS; SUBSCRIPTIONS; CANCELLATION

Some features may require payment (one-time purchases or subscriptions). If you purchase paid features:

8.1 General
You authorize Max Potential (or its payment processor/app store) to charge the applicable fees and taxes using the payment method you provide. You represent that you have the legal right to use that payment method.

8.2 Subscriptions
Subscriptions, if offered, may auto-renew until cancelled. Renewal frequency, pricing, and billing mechanism will be disclosed at purchase time (including via App Store / Google Play subscription screens, where applicable).

8.3 Cancellation & Refunds
For purchases made via App Store / Google Play, refunds and cancellations are handled according to the relevant store's policies. For purchases made directly (if offered), cancellation/refund terms will be shown at checkout or in a supplemental policy. Unless required by applicable law or expressly stated, fees are non-refundable and non-transferable.

9. YOUR USE OF THE SERVICES

9.1 Eligibility; Account Security
You must be legally capable of forming a binding contract in your country. If you are under the age where parental consent is required, you may only use the Services with a parent/guardian's consent and supervision, as required by law. You are responsible for safeguarding your account credentials and for all activity under your account. Notify us immediately if you suspect unauthorized access.

9.2 User Conduct
You agree to use the Services lawfully and not to cause nuisance, harm, or inconvenience to others, or interfere with the Services' operation.

9.3 User Content
If Max Potential allows you to submit, upload, publish, or otherwise make available content ("User Content"), you retain ownership of your User Content. However, by providing User Content, you grant Max Potential a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting/technical delivery), display, and distribute such User Content solely as needed to operate, improve, and provide the Services. You represent and warrant that you have the rights necessary to provide User Content and that it does not violate laws or third-party rights. We may remove User Content at our discretion if we believe it violates these Terms.

9.4 Network Access and Devices
You are responsible for obtaining compatible devices and network access. Carrier data charges may apply. We do not guarantee the Services will work on all devices.

10. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

10.1 Disclaimer
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAX POTENTIAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT OR RECOMMENDATION WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR NEEDS.

10.2 No Medical Advice; Assumption of Risk
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. PHYSICAL ACTIVITY INVOLVES INHERENT RISKS, INCLUDING INJURY OR PROPERTY DAMAGE. YOU ASSUME ALL RISKS ARISING FROM YOUR USE OF THE SERVICES AND ANY WORKOUT OR ACTION YOU TAKE BASED ON THE SERVICES.

10.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: MAX POTENTIAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. IN NO EVENT SHALL MAX POTENTIAL'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO MAX POTENTIAL IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR IF YOU PAID NOTHING, A NOMINAL AMOUNT TO BE DETERMINED UNDER APPLICABLE LAW. Nothing in these Terms limits liability that cannot be excluded under applicable consumer protection laws.

10.4 Indemnity
You agree to indemnify and hold harmless Max Potential and its directors, officers, employees, and agents from any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of the Services; (ii) your breach of these Terms; (iii) your User Content; or (iv) your violation of any law or third-party rights.

11. DISPUTE RESOLUTION; GOVERNING LAW; VENUE

These Terms are governed by the laws of the Republic of Türkiye, without regard to conflict of law principles.

Unless otherwise required by mandatory law, disputes arising out of or related to these Terms or the Services shall be subject to the exclusive jurisdiction of the Istanbul (Çağlayan) Courts and Enforcement Offices.

If you are a consumer, you may also have rights to apply to consumer arbitration boards/courts under applicable law.

12. TERMINATION

You may stop using the Services at any time. We may suspend or terminate your access if you violate these Terms or if required for security, legal, or operational reasons.

Upon termination, the license granted to you in Section 3 ends. Sections that by their nature should survive termination (e.g., Ownership, Disclaimers, Limitation of Liability, Indemnity, Dispute Resolution) will survive.

13. CHANGES TO THE SERVICES OR TERMS

We may update the Services and these Terms. Material changes may be notified via the app or other reasonable means as required by law. Your continued use after changes become effective means you accept the updated Terms.

14. CONTACT US

MAX POTENTIAL SPORTİF YATIRIMLAR ANONİM ŞİRKETİ
Maslak Mah. Anka Sok. Mashattan Sitesi B4 No: 2B/4 İç kapı no:71, 34485 Sarıyer, İstanbul, Türkiye
Email: info@maxpotential.pro