Terms of Service

Last Updated: March 23, 2025

1. Introduction

Welcome to Gymr. These Terms of Service ("Terms") govern your use of the Gymr mobile application (the "App") operated by Gymr ("we," "us," or "our"). By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the App. You must be at least 16 years of age to use the App. If you are under 16, you may not use the App unless you have parental consent.

2. Account Registration

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the App and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3. User Content

Our App allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post on or through the App, including its legality, reliability, and appropriateness.

By posting User Content on or through the App, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the App. You retain any and all of your rights to any User Content you submit, post, or display on or through the App and you are responsible for protecting those rights.

4. Acceptable Use

You agree not to use the App:

• In any way that violates any applicable national or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.

Social Features and Leaderboards

When using social features such as chat, leaderboards, or invite links, you agree not to post or share content that is harassing, defamatory, obscene, or otherwise inappropriate. We reserve the right to remove any content and suspend or terminate accounts that violate these rules.

5. Intellectual Property

The App and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Gymr and its licensors. The App is protected by copyright and other laws.

6. Subscription and Payments

Some features of the App require a subscription. You agree to pay all fees or charges to your account based on the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

Subscriptions are billed in advance on a monthly or annual basis. Your subscription will automatically renew unless you cancel your subscription before the end of the current subscription period. You can cancel your subscription through your account settings or by contacting us.

7. Limitation of Liability

In no event shall Gymr, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the App;
• Any conduct or content of any third party on the App;
• Any content obtained from the App; and
• Unauthorized access, use or alteration of your transmissions or content.

8. Daily Exercise Facts

Gymr provides daily exercise facts through our "DidYouKnow" feature to educate and motivate users. These facts are for informational purposes only and are not intended as medical advice. We do not guarantee the accuracy, completeness, or reliability of these facts, and we are not responsible for any errors or omissions in the information provided.

You should consult a qualified medical professional before starting any exercise program or making health decisions based on the information provided in the App. Gymr is not responsible for any health decisions you make or any consequences resulting from your reliance on the daily exercise facts or other content in the App.

9. Health and Fitness Disclaimer

Gymr provides workout plans, tracking features, and health-related data integration (e.g., via Apple Health) to support your fitness goals. However, these features are not a substitute for professional medical advice, diagnosis, or treatment. You should consult a physician or other qualified health provider before beginning any exercise program, especially if you have pre-existing health conditions or concerns.

You assume all risks associated with using the App, including the risk of injury from performing exercises or following workout plans. Gymr is not liable for any injuries, health issues, or damages resulting from your use of the App.

10. Disclaimer

Your use of the App is at your sole risk. The App is provided on an "AS IS" and "AS AVAILABLE" basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Gymr does not warrant that: (a) the App will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the App is free of viruses or other harmful components; or (d) the results of using the App will meet your requirements.

11. Termination

We may terminate or suspend your account and access to the App at our sole discretion, without prior notice, for conduct that we believe violates these Terms, including but not limited to providing inaccurate information, engaging in prohibited activities, or harming other users or the App. Upon termination, your right to use the App will immediately cease.

You may terminate your account at any time by deleting your account through the App settings or contacting us at support@gymr-app.com. Upon termination, we will delete your personal information in accordance with our Privacy Policy.

12. Third-Party Services

The App may integrate with third-party services, such as Apple Health (HealthKit) for syncing health data, or use third-party providers for storage, analytics, or other functions. We are not responsible for the availability, accuracy, or security of these third-party services, and your use of such services is subject to their respective terms and privacy policies.

13. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Canada, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes will be posted on this page, and the "Last Updated" date at the top of the Terms will be revised accordingly. It is your responsibility to periodically review these Terms for updates or changes.

By continuing to access or use our App after any revisions become effective, you agree to be bound by the updated Terms. If you do not agree to the new Terms, you must stop using the App.

15. Contact Us

If you have any questions about these Terms, please contact us at support@gymr-app.com.