Terms of Service – Hercule

Effective date: 1 September 2026
Previous version: October 2025

App: Hercule – Fitness Chronicle
Developer: Zafer Siar Konyar
Address: Flat 5, Avery Hill Road, Greenwich, London SE9 2ER, United Kingdom
Contact: siarkonyar@gmail.com

1. Acceptance of these terms

By downloading or using Hercule (the “App”) you agree to these Terms of Service and to our Privacy Policy. If you do not agree, please do not use the App.

2. Who may use the App

You must be at least 13 years old to use the App. Setup asks for your date of birth and will not create an account for anyone below that age. If you live somewhere that sets a higher age at which you can agree to an online service on your own — which is the case in parts of the EEA, where it can be 16 — you may use the App only with the permission of your parent or guardian.

The App is intended for a general audience and is not directed at children. By using the App you confirm that you have the legal capacity to enter into this agreement under the law of your country of residence.

3. What the App does

Hercule helps you log workouts, label your training days, build and follow workout programs, and track your body weight. It also includes an optional AI coach, described in section 5.

You agree to use the App only for lawful purposes, and not to misuse, modify, reverse engineer, or redistribute it in any way that could harm the App, its users, or its developer.

4. Accounts and sign-in

You sign in with Apple or Google so that your training history and preferences are saved to your account. You are responsible for keeping access to that account secure. We are not responsible for unauthorised access that results from your own actions or from a compromise of your Apple or Google account.

You can delete your account at any time from within the App. Deletion removes your account content from our database and deletes your sign-in account; see the Privacy Policy for exactly what is removed and what is retained.

5. The AI coach (beta)

5.1 It is a beta feature

The coach is optional and no other part of the App depends on it. It does nothing until you send it a message, and it never contacts our AI provider on its own initiative. Sending a message is your decision to use the feature on the terms set out in this section and in section 2.5 of the Privacy Policy; if you would rather it did not process your training data, do not send it messages.

When you use the coach you are interacting with an artificial intelligence system, not with a person. The AI coach is provided as a beta feature. It may be inaccurate, unavailable, rate limited, changed, or withdrawn at any time. Usage limits apply and may change without notice.

5.2 It is not professional advice

Nothing the AI coach produces is medical, diagnostic, nutritional, physiotherapeutic, or other professional advice, and it must not be treated as such. The coach is a computer program, not a doctor, physiotherapist, dietitian, or qualified trainer. It has no knowledge of your medical history, medication, injuries, or conditions beyond what you type into it.

Always consult a suitably qualified professional before starting, changing, or continuing any exercise or dietary programme, and especially if you have or suspect an injury, pain, illness, or any medical condition. If you believe you are having a medical emergency, contact your local emergency services immediately. Do not delay seeking medical advice because of something the App told you.

5.3 Topics the coach is instructed to decline

The coach is limited to training, technique, and programming. It is instructed to decline questions about injuries, pain, and medical issues, and to decline questions about nutrition, diet, calories, and supplements, referring you to an appropriate professional instead.

You should understand what that instruction is and is not. It is a rule given to a language model, not a filter applied to its output. It may fail. If the coach does answer a health or nutrition question despite the instruction, that answer is still not advice, is still not reliable, and section 5.2 still applies to it in full.

5.4 Acceptable use of the coach

You agree not to:

use the coach to obtain medical, diagnostic, or treatment guidance, or to make decisions about anyone’s health;
enter another person’s personal information, or anyone’s medical records, into the chat;
enter your own medical information — injuries, symptoms, diagnoses, or medication — into the chat or into an exercise note. The coach can read your notes and send them to our AI provider along with your message, and we cannot tell health information apart from training information in text you have written;
attempt to extract the coach’s underlying instructions, circumvent its refusals, or manipulate it into producing content it is instructed not to produce;
use the coach to generate unlawful, harmful, abusive, or deceptive content;
use automated means to send messages, or otherwise place unreasonable load on the service.

5.5 How your messages are handled

Your messages, and the training data the coach reads on your behalf, are sent to Google’s Gemini API to generate a reply. We use a paid tier under which Google does not use that content to train or improve its models. Conversations are not stored on our servers. Full detail is in section 2.5 of the Privacy Policy.

5.6 Reporting an answer

If the coach produces an answer that is offensive, unsafe, or otherwise inappropriate, use the “Report” option under that answer, which opens your own mail app with the flagged conversation already filled in for you to send us, or email us directly at siarkonyar@gmail.com. Reports help us improve the coach’s instructions and its safeguards. We review reports and may adjust, restrict, or withdraw the feature in response.

6. Training carries risk

Physical exercise carries an inherent risk of injury. That risk is yours, and it exists whether a workout came from the AI coach, from a program you built, or from your own head. You are responsible for exercising within your ability, for using correct technique, for using equipment safely, and for stopping when something hurts. If you are unsure whether an activity is safe for you, ask a qualified professional before attempting it.

7. Your content

Your workout logs, labels, programs, weight entries, and profile remain yours. You grant us only the limited permission needed to store, process, and display that content in order to operate the App for you — including sending the relevant parts to our AI provider when you choose to use the coach. We do not use your content to train machine-learning models, and our AI provider does not use it to train theirs.

You are responsible for the content you enter, and for having the right to enter it.

8. Offline use

Some parts of the App work without a connection, and data already loaded is cached on your device so it remains readable offline. Workouts you log while offline are stored on your device.

We do not guarantee that offline data will be transferred to your account, that it will be preserved, or that synchronisation will succeed or be error free. Do not rely on the App as the only copy of anything you cannot afford to lose.

9. Availability, changes, and suspension

We may change, suspend, limit, or discontinue the App or any of its features — including the AI coach — at any time, with or without notice. We may impose or adjust usage limits.

We may suspend or terminate your access if you breach these terms, misuse the App, place unreasonable load on the service, or attempt to circumvent its limits or safeguards.

What happens to your data. Suspension does not delete anything: your content stays where it is and becomes available again if the suspension is lifted. If we terminate your account outright, we will give you reasonable notice and a reasonable opportunity to request a copy of your content first, unless giving that notice would be unlawful or would defeat the purpose of the termination. After termination your content is deleted on the same basis as if you had deleted the account yourself. You can request a copy of your data at any time before deletion — see section 8.3 of the Privacy Policy, which also sets out what is deleted and the one category that is retained.

The App is currently free to use. If paid features are introduced in future, their pricing and terms will be presented to you before you are charged, and you will never be charged without your express agreement.

10. Intellectual property

The App itself — its name, logo, design, and code — belongs to Zafer Siar Konyar. You may not copy, reproduce, or redistribute the App or its materials without permission. This does not affect your ownership of your own content under section 7.

11. App store terms

11.1 Apple App Store

The following applies where you obtained the App from the Apple App Store. If anything in this section conflicts with the rest of these terms, this section governs for that purpose.

These terms are with us, not Apple. This agreement is concluded between you and Zafer Siar Konyar only, and not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the App and its content.
Licence scope. The licence granted to you is a non-transferable licence to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
Maintenance and support. We are solely responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance and support services for it.
Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are our sole responsibility.
Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
Intellectual property claims. If a third party claims that the App or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement, and discharge of that claim.
Legal compliance. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these terms, and upon your acceptance of these terms Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary of them.
Support contact. Questions, complaints, or claims about the App should be directed to siarkonyar@gmail.com.

11.2 Google Play

Where you obtained the App from Google Play, your use is additionally subject to the Google Play Terms of Service. Google is not a party to these terms, is not responsible for the App, and has no obligation to provide maintenance or support for it.

12. Disclaimer and limitation of liability

The App is provided “as is” and “as available”, without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the App will be uninterrupted, error free, secure, or that any output of the AI coach will be accurate, complete, or suitable for you.

To the fullest extent permitted by law, we are not liable for any indirect or consequential loss, loss of data, loss of profit, or loss arising from your reliance on the App or on anything the AI coach produced.

To the fullest extent permitted by law, our total aggregate liability to you arising out of or in connection with the App and these terms — whether in contract, in tort (including negligence), for breach of statutory duty, or otherwise — is limited to the greater of (a) the total amount you have paid us in respect of the App in the twelve months before the event giving rise to the claim, and (b) £100.

Nothing in these terms limits or excludes liability that cannot lawfully be limited or excluded — including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any rights you have as a consumer that cannot be waived by agreement. If you are a consumer, you keep all statutory rights available to you under the law of your country of residence, and nothing here affects them.

13. Indemnity

If you are using the App other than as a consumer, you agree to indemnify us against claims, losses, liabilities, and reasonable costs arising from your breach of these terms, your misuse of the App, or content you enter into it. This does not apply to the extent the claim arises from our own breach, negligence, or wrongful act. If you are a consumer, this section does not apply to you and nothing in these terms requires you to indemnify us.

14. Privacy

Our handling of your information is described in the Privacy Policy, which forms part of these terms.

We do not sell your personal information. We share it only with the service providers listed in section 12 of the Privacy Policy, who process it on our behalf so the App can function.

15. Changes to these terms

We may update these Terms of Service from time to time. We will post the updated version at this address and update the effective date above. Where a change is material, we will make reasonable efforts to tell you. Continuing to use the App after an update means you accept the revised terms; if you do not accept them, stop using the App and you may delete your account.

16. Governing law and disputes

These terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of England and Wales, and the courts of England and Wales have non-exclusive jurisdiction over any such dispute.

If you are a consumer, this does not deprive you of the protection of the mandatory laws of your own country of residence, or of your right to bring proceedings in the courts of that country where the law allows.

Before starting proceedings, we ask that you contact us at siarkonyar@gmail.com so we can try to resolve the matter directly.

17. General

Entire agreement. These terms, together with the Privacy Policy, are the entire agreement between you and us regarding the App, and replace any earlier version of them. This does not limit your rights in respect of any fraudulent statement.
Severability. If any provision of these terms is found to be invalid or unenforceable, that provision is severed and the remaining provisions continue in full force.
No waiver. If we do not enforce a right or provision of these terms, that is not a waiver of it, and it does not prevent us from enforcing it later.
Assignment. You may not assign or transfer these terms or your account. We may assign them to a successor in connection with a merger, acquisition, or sale of assets, provided your rights under them are not reduced.
Force majeure. We are not liable for any failure or delay in providing the App caused by events beyond our reasonable control, including outages at Google, Apple, or our other service providers, network failures, and acts of government.
Survival. Sections 5.2, 6, 7, 10, 11, 12, 13, 14, 16, and 17 survive the ending of these terms or the deletion of your account.
Notices. We may give you notice through the App, at the email address associated with your account, or by posting to this page. You may give us notice at the email address in section 18.

18. Contact

For questions about these terms, contact:
Zafer Siar Konyar
Flat 5, Avery Hill Road, Greenwich, London SE9 2ER, United Kingdom
siarkonyar@gmail.com