Terms of Service

1. Acceptance of Terms

By accessing and using Gymbora ("the App"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these Terms of Service, please do not use the App.

2. Description of Service

Gymbora provides fitness tracking, workout planning, health metrics monitoring, AI-powered coaching, and related wellness services. The App integrates with Apple HealthKit to provide comprehensive fitness insights and personalized recommendations.

3. User Account and Registration

• You must provide accurate and complete registration information
• You are responsible for maintaining the confidentiality of your account
• You must be at least 13 years of age to use this App
• You agree to immediately notify us of any unauthorized use of your account
• One user account per person; sharing accounts is prohibited

4. User Responsibilities

You agree to:

• Use the App only for lawful purposes
• Not interfere with or disrupt the App's functionality
• Not attempt to gain unauthorized access to any portion of the App
• Not upload or transmit viruses or malicious code
• Respect the intellectual property rights of Gymbora and other users
• Provide accurate health and fitness information

5. Health and Fitness Data

• You grant Gymbora permission to access and use your health data for providing personalized fitness services
• Data collected includes but is not limited to: heart rate, steps, weight, workouts, calories, and activity levels
• You can revoke access to your health data at any time through iOS Settings
• We do not sell your personal health data to third parties

6. AI Coaching Services

Gymbora uses artificial intelligence to provide personalized fitness coaching and recommendations. These suggestions are:

• Based on algorithms and data analysis
• Not a substitute for professional medical or fitness advice
• Provided for informational purposes only
• Subject to limitations and potential inaccuracies

7. Subscription, Free Trials, and Payments

• Paid Subscriptions: Premium features require a paid subscription, which may be purchased via the Apple App Store or our website (via Stripe).
• Free Trials: We may offer a 7-day free trial. If you do not cancel before the trial period ends, you will be automatically charged the subscription fee.
• Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle unless cancelled at least 24 hours before the renewal date.
• Cancellations: You must cancel your subscription through the platform where you purchased it (Apple ID account settings for App Store purchases, or through the "Manage Subscription" page in our app for web purchases).
• Refunds: All payments are non-refundable, and there are no refunds or credits for partially used periods, except as required by applicable law or Apple's App Store policies.
• Price Changes: We reserve the right to change subscription prices with notice.

8. Intellectual Property

All content, features, and functionality of Gymbora, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, and software, are the exclusive property of Gymbora and are protected by international copyright, trademark, and other intellectual property laws.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Gymbora is provided "AS IS" without warranties of any kind
• We are not liable for any injuries, damages, or health issues arising from use of the App
• We are not responsible for any loss of data or interrupted service
• Our total liability shall not exceed the amount paid by you for the service in the past 12 months

10. Termination

We reserve the right to terminate or suspend your account and access to the App at any time, without prior notice or liability, for any reason, including breach of these Terms of Service.

11. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will notify users of any material changes through the App or via email. Continued use of the App after changes constitutes acceptance of the modified terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

13. Health Disclaimer

⚠️ IMPORTANT: READ CAREFULLY

Gymbora is NOT a medical device and is NOT intended to diagnose, treat, cure, or prevent any disease or medical condition. The App and its content are for informational and fitness tracking purposes only.

ALWAYS CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL before starting any new exercise program, making changes to your fitness routine, or if you have any pre-existing medical conditions.

Physical exercise involves inherent risks including muscle strains, cardiovascular stress, dehydration, and aggravation of pre-existing conditions. BY USING THIS APP, YOU ACKNOWLEDGE THESE RISKS AND ASSUME FULL RESPONSIBILITY FOR YOUR SAFETY.

The AI-powered coaching features are based on algorithms and general fitness principles. They are NOT personalized medical advice and should not replace guidance from certified fitness professionals.

FOR MEDICAL EMERGENCIES: Call 911 or your local emergency number immediately. Gymbora is NOT an emergency service.

14. Contact Information

For questions about these Terms of Service, please contact us at: Email: support@gymbora.com

15. Apple App Store — Additional Terms

The following additional terms apply when you download the App from the Apple App Store. If any term in this section conflicts with another term in these Terms, the term in this section governs with respect to the App downloaded from the App Store.

• Acknowledgement: This agreement is concluded between you and Gymbora LLC only, and not with Apple Inc. ("Apple"). Gymbora, not Apple, is solely responsible for the App and its content. This agreement does not provide for usage rules that conflict with the Apple Media Services Terms and Conditions.
• Scope of License: Gymbora grants you a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
• Maintenance and Support: Gymbora is solely responsible for providing any maintenance and support for the App. Apple has no obligation whatsoever to furnish any maintenance and support services. For support, contact support@gymbora.com.
• Warranty: Gymbora is solely responsible for any product warranties, whether express or implied by law. 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 (if any) for the App; to the maximum extent permitted by law, Apple will have no other warranty obligation, and any other claims attributable to a failure to conform to any warranty are Gymbora's sole responsibility.
• Product Claims: Gymbora, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of HealthKit.
• Intellectual Property Rights: In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Gymbora, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Legal Compliance: You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer Name and Address: Any questions, complaints, or claims regarding the App should be directed to: Gymbora LLC, support@gymbora.com.
• Third Party Terms: You must comply with applicable third-party terms of agreement when using the App.
• Third Party Beneficiary: You and Gymbora acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary thereof.