Policy

Table of Contents

1. Eligibility

2. Description of the Service

3. Health and Fitness Disclaimer — Not Medical Advice

4. Account Registration and Security

5. Subscriptions, Free Trial, and Billing

6. Refund Policy

7. Automated Features, AI, and Service Reliability

8. Service Availability and Changes to the App

9. Your Content and Data Ownership

10. Acceptable Use

11. Intellectual Property

12. Privacy and Data Protection

13. Security and Compliance Program

14. Third-Party Services

15. Termination

16. Disclaimer of Warranties

17. Limitation of Liability

18. Indemnification

19. Dispute Resolution; Governing Law

20. Changes to These Terms

21. Miscellaneous

22. Contact Us

These Terms of Use (“Terms”) form a binding legal agreement between you (“User,” “you,” or “your”) and GymMate ( “Company,” “we,” “us,” or “our”), governing your access to and use of the GymMate mobile application, website, and related services (collectively, the “App” or “Service”). By creating an account, downloading, accessing, or using the App, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not access or use the App.

1. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create a GymMate account. Users between 13 and 18 years of age (or the applicable minimum age in their jurisdiction) may use the App only with the consent and active supervision of a parent or legal guardian who agrees to be bound by these Terms on the minor’s behalf. The App is not directed to children under 13, and we do not knowingly collect personal information from children under 13.

By using the App, you represent that you have the legal capacity to enter into these Terms and that all registration information you provide is accurate and current.

2. Description of the Service

GymMate is a fitness and workout-planning application that provides exercise programming, strength and activity logging, injury-aware exercise substitution, social and accountability features, and related tools for personal trainers and their clients. Features vary by subscription tier and are subject to change as described in Section 8.

3. Health and Fitness Disclaimer — Not Medical Advice

3.1 No Medical Advice. GymMate provides general fitness content, workout programming, and exercise-substitution suggestions for informational and self-improvement purposes only. Nothing in the App constitutes medical advice, diagnosis, or treatment, and the App is not a substitute for professional medical evaluation. GymMate is not a medical device and has not been evaluated or cleared by the FDA or any equivalent regulator.

3.2 Consult a Physician. Before beginning any exercise program, including one obtained through GymMate, you should consult a physician or qualified healthcare provider, particularly if you have a pre-existing injury, chronic condition, are pregnant, or are otherwise at elevated risk from physical exertion. Injury-aware substitution features are provided as a convenience based on information you supply and do not replace individualized medical guidance.

3.3 Assumption of Risk. You acknowledge that physical exercise carries an inherent risk of injury. You voluntarily assume all risks associated with your use of the App and any workout, program, or recommendation obtained through it, and you agree that GymMate is not liable for any injury, aggravation of an existing condition, or health consequence arising from your use of the Service.

4. Account Registration and Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us promptly at the contact address in Section 22 if you suspect unauthorized access to your account. We are not liable for any loss arising from your failure to safeguard your credentials.

5. Subscriptions, Free Trial, and Billing

5.1 Plans. GymMate offers monthly and annual subscription plans as described in the App at the time of purchase. Some features may also be offered on a free, limited basis.

5.2 Free Trial. New subscribers may be offered a three (3) day free trial. If you do not cancel before the trial period ends, your selected paid subscription will begin automatically and your payment method will be charged. You may cancel at any time during the trial, at no charge, through your account settings or the applicable app store.

5.3 Auto-Renewal. Paid subscriptions renew automatically at the end of each billing cycle (monthly or annual, as applicable) at the then-current price, unless cancelled before the renewal date. You may cancel at any time; cancellation takes effect at the end of the current billing period, and you will retain access through that period’s end.

5.4 Price Changes. We may change subscription pricing from time to time. We will provide advance notice of any price increase before it applies to your next renewal, and continued use of a paid subscription after the effective date constitutes acceptance of the new price.

6. Refund Policy

6.1 General Rule. Except as required by applicable law or as set out below, fees paid for GymMate subscriptions are non-refundable, including partial-period fees when you cancel mid-cycle. Because a free trial period is provided before any charge occurs, cancelling before the trial ends is the mechanism for avoiding a charge; no refund will be issued for charges incurred after the trial period has ended.

6.2 Billing Errors. If you believe you were charged in error (for example, a duplicate charge or a charge after timely cancellation), contact us within thirty (30) days of the charge at the address in Section 22 and we will investigate and correct verified billing errors.

6.3 Statutory Rights. Nothing in this section limits any non-waivable refund or withdrawal right you may have under the mandatory consumer protection laws of your jurisdiction (including, where applicable, EU/UK cooling-off rights or app-store refund policies), which will apply to the extent legally required.

6.4 App Store Purchases. If you subscribed through the Apple App Store, Google Play, or another third-party platform, that platform’s payment and refund terms also apply, and refund requests for such purchases must generally be directed to the platform.

7. Automated Features, AI, and Service Reliability

7.1 Presence of Bots and Automation. The App may incorporate automated accounts, scripted content, AI-generated recommendations, chatbots, or other automated or simulated features (“Automated Features”) to support functionality such as workout guidance, social engagement, coaching prompts, and support. By using the App, you acknowledge and agree that Automated Features are, or may be, present, and that your interactions within the App may involve them without additional notice.

7.2 No Guarantee of Feature Performance. Software of this complexity may not always perform exactly as intended. Certain features — including Automated Features, AI-driven recommendations, social or feed functionality, third-party integrations, and data synchronization — may be temporarily unavailable, degraded, inaccurate, or otherwise not function as described (“Feature Issues”).

7.3 Reporting Is Your Remedy — Not Cancellation. A Feature Issue does not constitute a material breach of these Terms and is not, by itself, grounds for cancelling your subscription, withholding payment, or obtaining a refund. If you encounter a Feature Issue, you agree that your sole and exclusive remedy is to report it to us at the contact address in Section 22 with reasonably sufficient detail (e.g., screenshots, steps to reproduce, device/app version) to allow us to investigate.

7.4 Resolution Window. We will use commercially reasonable efforts to acknowledge and investigate a properly reported Feature Issue and to resolve confirmed issues within fourteen (14) business days of receiving a complete report. This is a target for resolution effort, not a guarantee of a specific outcome, timeline for every issue, or permanent fix, and may reasonably extend for issues involving third-party dependencies, complex engineering work, or circumstances beyond our control. Repeated or unresolved Feature Issues that materially and persistently prevent core use of a paid tier’s advertised functionality may be addressed under our customer support escalation process, at our discretion.

8. Service Availability and Changes to the App

We aim to keep the App available and reliable but do not guarantee uninterrupted, error-free, or continuous operation. We may modify, suspend, or discontinue any feature of the App, temporarily or permanently, for maintenance, security, legal, or business reasons, with or without notice. We will make reasonable efforts to notify users of material feature removals affecting paid functionality.

9. Your Content and Data Ownership

9.1 You Own Your Data. You retain ownership of the workout logs, performance metrics, health-related inputs, photos, posts, and other content you submit to the App (“User Content”). Your ownership of User Content is not contingent on maintaining an active paid subscription.

9.2 License to Us. You grant GymMate a limited, non-exclusive, worldwide, royalty-free license to host, store, process, and display your User Content solely as necessary to operate, maintain, and improve the App, including features you have enabled (such as social sharing with connections you designate).

9.3 Export and Deletion. Following cancellation or downgrade of a subscription, you may continue to export your User Content in a standard, machine-readable format for at least ninety (90) days before any deletion occurs, consistent with our Data Retention and Deletion Policy. You may also request earlier deletion of your account and data at any time, subject to legal retention obligations.

10. Acceptable Use

When using the App, you agree not to:

We may investigate and take appropriate action against violations, including content removal, account suspension, or termination under Section 15.

11. Intellectual Property

The App, including its software, design, exercise programming logic, trademarks, and all content we or our licensors provide (excluding User Content), is owned by GymMate or its licensors and is protected by intellectual property laws. Except for the limited right to use the App as permitted by these Terms, no rights are transferred to you.

12. Privacy and Data Protection

Our collection, use, and disclosure of personal information is described in our Privacy Policy, incorporated into these Terms by reference. We implement administrative, technical, and physical safeguards designed to protect personal information, including health and fitness data, appropriate to its sensitivity.

13. Security and Compliance Program

13.1 Framework-Aligned Controls. GymMate maintains an information security program built around the trust services criteria of SOC 2, the control objectives of ISO/IEC 27001, and, for health-related data processed within the App, safeguards consistent with the HIPAA Security Rule. This program is documented across internal policies covering information security, access control, data classification, incident response, data retention and deletion, acceptable use, vendor and supplier security, and risk assessment.

13.2 Certification Status. As of the Effective Date, GymMate has completed an internal readiness assessment against these frameworks and is actively working toward formal third-party certification and/or attestation. Any reference to SOC 2, ISO/IEC 27001, or HIPAA in the App, our marketing materials, or these Terms describes the standards our controls are designed to meet and the certification process we are pursuing. Such references are not a representation that a completed third-party audit, certification, or attestation report has been issued unless we expressly state otherwise in writing. We will update this Section and notify users of material changes once formal certification or attestation is obtained, and will make attestation documentation available to enterprise or trainer-tier customers upon reasonable request and under appropriate confidentiality terms.

13.3 HIPAA Applicability. GymMate is a general consumer wellness application. By default, GymMate does not act as a “Covered Entity” or “Business Associate” under HIPAA with respect to typical consumer use of the App. To the extent GymMate processes health information on behalf of a healthcare provider, health plan, or other HIPAA-covered entity in a specific integration, the parties will execute a separate Business Associate Agreement governing that relationship.

13.4 Incident Notification. If we become aware of a security incident that compromises your personal information in a manner requiring notice under applicable law, we will notify affected users and any required regulators within the timeframes mandated by applicable law.

14. Third-Party Services

The App may integrate with third-party services (for example, payment processors, wearable-device platforms, or app-store billing systems). Your use of such third-party services is governed by their own terms and privacy policies, and we are not responsible for their acts, omissions, or availability.

15. Termination

15.1 By You. You may stop using the App and delete your account at any time through account settings or by contacting us.

15.2 By Us. We may suspend or terminate your access to the App, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us or other users, or engaged in fraudulent or abusive conduct. Where practicable, we will provide notice and an opportunity to cure minor violations before termination.

15.3 Effect of Termination. Upon termination, your right to use the App ceases immediately, though data-export and retention rights under Section 9.3 continue to apply. Sections that by their nature should survive termination (including Sections 3, 6, 9, 11, 13, 16–20) will survive.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY AUTOMATED FEATURE, RECOMMENDATION, OR CONTENT WILL BE ACCURATE OR SUITABLE FOR YOUR INDIVIDUAL CIRCUMSTANCES, INCLUDING YOUR PHYSICAL CONDITION.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GYMMATE AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18. Indemnification

You agree to indemnify and hold harmless GymMate and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, your User Content, or your misuse of the App.

19. Dispute Resolution; Governing Law

19.1 Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.

19.2 Informal Resolution. Before filing a claim, you agree to contact us at the address in Section 22 to attempt to resolve the dispute informally for at least thirty (30) days.

19.3 Arbitration. Except for claims that qualify for small-claims court or claims seeking injunctive relief for intellectual-property infringement, any dispute arising from these Terms or the App will be resolved by binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual action in small-claims court. YOU AND GYMMATE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. You may opt out of this arbitration provision by notifying us in writing within thirty (30) days of first accepting these Terms.

20. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the App or by email before the changes take effect. Your continued use of the App after the effective date of any update constitutes acceptance of the revised Terms.

21. Miscellaneous

21.1 Entire Agreement. These Terms, together with our Privacy Policy and any order or subscription confirmation, constitute the entire agreement between you and GymMate regarding the App.

21.2 Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

21.3 No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

21.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

21.5 Force Majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.

22. Contact Us

Questions about these Terms, Feature Issue reports, billing inquiries, or data requests can be directed to:

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