Effective: July 13, 2024.

Last updated: September 25, 2024.

This User Agreement (the "Agreement") defines the legal relationship between Whoups (the "Company"), which owns the Sit-ups application available on the Apple App Store and Google Play (the "Application"), and the User of this Application ("User"). The User agrees to the terms and conditions set forth in the Agreement, as well as any possible additions and changes. If you do not agree with any provisions of this Agreement, you must stop using the Application.

Subject of the Agreement

Under this Agreement, the Company takes the responsibility to provide a User with a platform (i.e., the Application) for interaction with other Users in accordance with clause 4 of this Agreement.
Under this Agreement, the Company takes the responsibility to provide a User with a platform (i.e., the Application) for interaction with other Users in accordance with clause 4 of this Agreement.
The Company provides Users with a platform "as is" and does not offer any additional paid or free services including the paid services proper as they are defined in clause 1.3.3. of this Agreement. All cash transactions between Users are carried out directly, bypassing the Company. At the same time, the Application can display information about transactions initiated by Users (Paid services purchased by Clients / provided by Trainers).
In accordance with the terms of this Agreement, the Company provides the User with the following options:
Register in the Application as a User of the "Trainer" category if permitted by the Company, or register as a "Client";
Use available functions of the Application for free and expand them by subscribing ("Subscription");
Client can use paid services of Trainers ("Paid services");
Trainer can provide Paid services to Clients.
By accepting the terms of this Agreement, a User does not have the right to make claims or demands to the Company concerning the use of the Application or Paid services of Trainers. All claims for Paid services are to be sent directly to the Trainer who provided a particular service.
The Company does not bear any liability to the User for material or other damages, physical injury, or pain that may arise or could potentially arise from the use of the Application.
The Company is not responsible for a Trainer’s direct losses or loss of profits from their service provision.
The Company is not responsible for any service interruptions due to malfunctions of the Application or equipment.
Trainers are obligated to provide Paid services of good quality.
Under this Agreement, the Company has the right to request fees from Users (charge a commission) as defined in the text of this Agreement.

The Users

Registration, which is the creation of a new User account, can be carried out in the Application either by entering the necessary information for registration or with the help of social networks.
For registration, you can choose the following categories of the User:
Client is the person who has their personal profile in the Application and uses the Application to communicate with other Users, exchange information, maintain a log of their training with the opportunity to use the Paid services provided by Trainers.
Trainer is the person who has their personal profile in the Application and uses the Application to communicate with other Users, exchange information and provide the following Paid services to Clients:
creating training programs;
creating dietary and sports nutrition plans;
prescribing anabolic steroids;
providing monthly and one-time remote training;
other individual and authored programs within the provided functionality of the Application.

User Responsibilities

By accepting the terms of this Agreement, the User is obliged to guarantee the following:
The information provided by the User, including identification and contact information, must be reliable; The User undertakes not to provide false, unreliable, or misleading information; When registering as a Trainer, the User must provide reliable information about their education, work experience, sports achievements, available sports ranks and titles. By providing this information, the User authorizes the Company to verify its accuracy, including the involvement of third parties. The Company reserves the right to refuse anyone to register as a Trainer at its own discretion without providing reasons.
The information provided by the User should not violate the rights of third parties. In case of such a violation, the User who committed it shall be individually and completely responsible for this;
The information provided by the User must remain reliable throughout the term of this Agreement;
The User will not use the Application for illegal purposes;
The User will not advertise (directly or indirectly) any services or goods other than the Paid services in the Application;
The User is fully responsible for the acquisition and maintenance of their mobile phone, other equipment, and access to the Internet, along with any other devices and services required to access the Application and use the Paid services;
The User guarantees that all monetary resources used to receive Paid services are legally owned and not obtained from illegal sources;
The User undertakes to treat other Users and Company representatives respectfully and not to use offensive, defamatory, libelous, or unlawful statements or post such materials;
The User agrees that in case of any disputes, the Company's decision is final and binding;
The User accepts and agrees to comply with the terms and conditions of this Agreement, including any changes made to this Agreement and the rules therein.
The User agrees that the Company has the right to moderate the information provided by the User and not to post or delete any information of the User without explanation.
The User agrees that the Company has the right to send advertising information via the built-in chat in the Application and via the e-mail provided during registration.
The Company is not responsible for the information provided by Users. Responsibility for such information lies entirely with the User who provided it.
The User is obliged to fully compensate the Company for any costs, losses, expenses, or other damages that arise (directly or indirectly) as a result of illegal or unfair use of the Application or violation of this Agreement.
If the User violates the Agreement, or if the Company has reasonable suspicions that the User violates this Agreement, the Company has the right to block or remove the User from the Application.
The User is fully responsible for the confidential storage of their access data in the Application. The Company does not bear responsibility and does not reimburse the User for any damage that occurs for the aforementioned reasons. In the case of unauthorized use of their data, the User must immediately notify the Company.

Application and its Use

Ownership and all copyrights to the Application and its contents (including, but not limited to, images, graphics, photos, animations, videos, audio, music, texts, user-generated training programs, etc.), with the exception of the User’s personal data, belong to the Company and are protected by laws and international copyright agreements.
This Agreement does not grant the User any rights with respect to any trademarks or names owned by the Company.
The Company provides the User with the Application for use under the following terms:
The User is strictly prohibited from:
copying all or part of the Application;
reverse engineering, decompiling, or modifying the Application or any part thereof;
publishing any information received in the Application from the Paid services.
A Client allows a Trainer to:
provide the Paid services specified in item 2.2.2 and adjust the information provided according to the chosen Paid service during the course of work;
review and analyze physical indices of the body;
give instructions and recommendations on the topics of bodybuilding and fitness if an appropriate question was asked.
The User bears full responsibility for the above actions and is obliged to compensate the Company for any damage caused by such actions.
If the User becomes aware of the unauthorized use of the Application, they must immediately notify the Company.
For any violation of the Agreement and rules, the Company has the right to block or remove the User from the Application.
The Company may issue updates to the Application, modifying, adding, or removing any functionality/options without the User's consent or notification.

Trainer's Paid Services

A Client wishing to receive a Paid service from a chosen Trainer concludes an agreement for the provision of Paid services, within which the Client pays the invoiced amount for the Paid services.
The Trainer independently sets the cost of their services within the limits allowed by the Application.
Payment for a Paid service, the amount of which is determined in accordance with item 5.1 of the Agreement, is carried out using the Client's bank card or any other method available at the time of payment. The payment methods through which the Trainer can receive funds are set independently by the Trainer and are not controlled by the Company.
The Company does not handle dispute resolution between the Client and the Trainer arising from the execution of their agreement.
The Company does not participate in financial transactions between the Trainer and the Client. All payments to the Trainer are made directly, bypassing the Company. The Company cannot refund the Client's money in case of a corresponding request.
The Trainer is responsible for independently paying all necessary taxes and fees in connection with this Agreement in accordance with applicable law and shall bear the risks and liability in case of non-payment.

The Trainer's Relationship with the Company

The relationship between the Company and the Trainer is not an employer-employee relationship. The Trainer is not an employee, agent, or representative of the Company, the Trainer is an independent contractor. The Company is NOT LIABLE for the actions of the Trainer.

Subscription

When subscribing to the Application, payments are made through the built-in Apple App Store and Google Play payment services.
Subscription automatically renews unless auto-renewal is turned off at least 24 hours before the end of the current period.
Payment will be charged 24 hours before the expiration of the current Subscription, indicating the amount of payment.
Subscription can be managed, and an auto-renewal can be turned off in Apple App Store or Google Play account settings after a purchase.

Lack of Guarantees

The Application is used by the User solely at their own discretion. The Company does not guarantee (directly or indirectly) that the operation of the Application is free from errors, failures, or that any deficiencies will be corrected. In the event of any failure of the Application, the Company shall not be liable for damages caused by such failures or associated with them.
The Company disclaims all, without exception, guarantees, direct or indirect, in connection with the Paid service, provided to the User "as is". The Company does not provide any guarantees or assurances regarding the quality of the Paid service, its relevance to the purpose, completeness, or accuracy. The Company is not responsible for the warranties and assurances of Users of the Application.
The Company and its representatives are not responsible for the behavior of Users of the Application, including their actions, statements, assurances, etc.
The User hereby releases the Company and its representatives from liability for any damage caused to the User as a result of using the Application and/or obtaining Paid services.
The Company reserves the right at any time to modify, suspend, terminate, or delete the provision of Paid services at its own discretion and without mandatory notification to the User. The Company is not liable for any damages related to the above.

Change of Conditions

The Company reserves the right to modify, supplement this Agreement and other rules and regulations governing the use of the Paid services and/or the Application, at its own discretion, without special notification to Users.
Such changes and additions come into effect from the moment of their publication on the website at https://who-ups.app/ and in the Application. The responsibility for familiarizing themselves with these changes and additions lies with the User.
The User's continued use of the Application after the implementation of these changes and additions is regarded as the User's agreement with the terms and conditions of these changes and additions.

Applicable Law

This Agreement is subject to the laws of the Republic of Korea. In the event of any dispute or disagreement arising out of the implementation of this Agreement, the Company and the User shall use their best endeavors to resolve them through negotiations. In the case of non-settlement of disputable issues in the negotiation process, disputes and disagreements are resolved in court in accordance with the legislation of the Republic of Korea.
The User confirms that they are acquainted with all the points of this Agreement and accept them in full.