1. Agreement to Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you and PE Stepan Savka ("Gymler," "we," "our," or "us") governing your access to and use of the Gymler mobile application and related services (collectively, the "Service").
By downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
2. Eligibility
You must be at least 16 years old (or the minimum age required by applicable law in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this age requirement.
If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
3. Account Registration
To access certain features of the Service, you may need to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your information as needed
- Keep your login credentials secure and confidential
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities under your account
We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.
4. Subscriptions and Payments
4.1 Subscription Plans
Gymler offers subscription plans that provide access to premium features. Available plans include:
- Individual Plan: For personal fitness tracking
- Trainer Plan: For fitness professionals with client management features
4.2 Billing and Auto-Renewal
Subscriptions are billed on a monthly basis through Apple In-App Purchases. By subscribing, you agree that:
- Payment will be charged to your Apple ID account at confirmation of purchase
- Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
- Your account will be charged for renewal within 24 hours prior to the end of the current period
- You can manage and cancel subscriptions in your App Store account settings
4.3 Free Trial
We may offer free trials or limited free access. After the trial period ends, you will be charged the applicable subscription fee unless you cancel before the trial expires.
4.4 Refunds
All purchases are processed through Apple. Refund requests must be submitted to Apple in accordance with their refund policies. We do not process refunds directly.
5. Use of the Service
5.1 Permitted Use
You may use the Service for your personal, non-commercial fitness tracking purposes in accordance with these Terms.
5.2 Prohibited Conduct
You agree not to:
- Use the Service for any unlawful purpose
- Share your account credentials with others
- Attempt to reverse engineer, decompile, or disassemble the Service
- Interfere with or disrupt the Service or servers
- Upload malicious code, viruses, or harmful content
- Harass, abuse, or harm other users
- Collect or harvest user data without authorization
- Use automated systems or bots to access the Service
- Circumvent any access restrictions or security measures
- Resell, redistribute, or commercially exploit the Service
6. User Content
6.1 Your Content
You retain ownership of content you create or upload to the Service (such as workout logs, notes, and profile information). By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and display your content solely for the purpose of providing the Service.
6.2 Content Standards
You are responsible for ensuring your content does not:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights of others
- Contain offensive, harmful, or inappropriate material
- Include false or misleading information
6.3 Content Removal
We reserve the right to remove any content that violates these Terms or that we deem inappropriate at our sole discretion.
7. Intellectual Property
The Service and its original content, features, and functionality are owned by Gymler and are protected by international copyright, trademark, and other intellectual property laws.
The Gymler name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Gymler. You may not use these marks without our prior written permission.
8. Health Disclaimer
Important: Gymler is a fitness tracking tool and does not provide medical advice. The Service is not intended to diagnose, treat, cure, or prevent any disease or health condition.
- Always consult a qualified healthcare professional before starting any exercise program
- Stop exercising immediately if you experience pain, dizziness, or discomfort
- The workout suggestions and statistics provided are for informational purposes only
- We are not responsible for any injuries or health issues resulting from your use of the Service
9. Third-Party Services
The Service may contain links to or integrate with third-party services (such as Apple Health, Firebase, etc.). We are not responsible for the content, privacy practices, or terms of these third-party services. Your use of third-party services is at your own risk and subject to their respective terms.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, secure, or error-free
- The results obtained from the Service will be accurate or reliable
- Any errors in the Service will be corrected
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GYMLER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless Gymler and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your use of the Service or violation of these Terms.
13. Termination
We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including if you breach these Terms.
Upon termination:
- Your right to use the Service will immediately cease
- We may delete your account and data
- Provisions that by their nature should survive termination will remain in effect
You may terminate your account at any time by deleting it through the app settings or by contacting us.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the app or on our website and updating the "Last updated" date.
Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to conflict of law principles. For users in the European Union, mandatory consumer protection laws of your country of residence may also apply.
16. Dispute Resolution
Any disputes arising from these Terms or your use of the Service shall be resolved through good-faith negotiations. If negotiations fail, disputes shall be submitted to the competent courts of Ukraine, unless applicable consumer protection laws provide otherwise.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gymler regarding the Service and supersede all prior agreements and understandings.
19. Contact Us
If you have any questions about these Terms of Use, please contact us:
- Email: support@gymler.app
- Support: gymler.app/support