Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Gymero Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms constitute a legally binding agreement between you and Gymero.

Your continued use of the Service following any modifications to these Terms constitutes acceptance of those changes. We encourage you to review these Terms periodically.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

To use Gymero, you must:

• Be at least 18 years of age, or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws
• Not have been previously banned or removed from the Service

If you are between 13 and 18 years of age, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. Users under 13 years of age are not permitted to use the Service.

By using the Service, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify your eligibility at any time.

3. Account Registration

3.1 Account Creation

To access certain features of the Service, you must create an account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the accuracy of this information.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to:

• Create a strong, unique password
• Enable two-factor authentication when available
• Not share your login credentials with others
• Immediately notify us of any unauthorized access or security breach

3.3 Account Restrictions

You may not create multiple accounts, use another person's account without permission, or sell, transfer, or sublicense your account to any third party.

4. Description of Services

Gymero provides an AI-powered fitness platform that includes:

4.1 Workout Planning

AI-generated workout plans tailored to your fitness goals, experience level, available equipment, and preferences. Plans may include exercise descriptions, sets, repetitions, and rest periods.

4.2 Nutrition Guidance

Personalized meal plans and nutritional recommendations based on your dietary preferences, goals, and restrictions. This includes recipes, macronutrient breakdowns, and shopping lists.

4.3 Progress Tracking

Tools to log workouts, track body measurements, upload progress photos, and monitor your fitness journey over time.

4.4 Wearable Integration

Optional connectivity with third-party fitness wearables and health platforms to sync data such as sleep, heart rate, steps, and activity metrics.

4.5 AI Expert Consultation

Access to AI-powered fitness and nutrition guidance through our expert consultation feature.

5. Credits and Payments

5.1 Credit System

Gymero operates on a credit-based system. Credits are required to access certain premium features, including AI-generated workout plans, meal plans, and other premium content. Credits are purchased in advance and deducted when services are rendered.

5.2 Purchasing Credits

Credits can be purchased through the Service at prices displayed at the time of purchase. All payments are processed securely through Stripe. By making a purchase, you agree to Stripe's terms of service.

5.3 Credit Validity

Purchased credits do not expire and remain in your account indefinitely, subject to account status. Credits are non-transferable between accounts.

5.4 Pricing Changes

We reserve the right to modify credit prices at any time. Price changes will not affect credits already purchased. We will provide reasonable notice of significant pricing changes.

5.5 Refund Policy

Due to the digital nature of our services, all credit purchases are generally final and non-refundable. However, we may consider refund requests on a case-by-case basis for:

• Technical errors that prevented service delivery
• Duplicate charges
• Unauthorized transactions (reported within 48 hours)

Refund requests must be submitted within 14 days of purchase. Approved refunds will be processed to the original payment method within 5-10 business days.

5.6 Taxes

Prices may not include applicable taxes. You are responsible for any taxes, duties, or other governmental assessments associated with your purchase.

6. AI-Generated Content

6.1 Nature of AI Content

Gymero utilizes artificial intelligence to generate personalized workout plans, meal plans, and fitness recommendations. This content is generated algorithmically based on the information you provide and general fitness principles.

6.2 Limitations

AI-generated content:

• Is provided for informational and educational purposes only
• Is not a substitute for professional medical, fitness, or nutritional advice
• May contain errors, inaccuracies, or recommendations unsuitable for your specific situation
• Should be reviewed and adapted based on your individual needs and capabilities

6.3 Your Responsibility

You are solely responsible for evaluating the appropriateness of any AI-generated content before following it. Always consult with qualified healthcare and fitness professionals before starting any new exercise or nutrition program.

6.4 Content Modification

You may use the swap and modification features to customize AI-generated content. We are not responsible for modifications you make to generated content.

7. User Content

7.1 Your Content

You may submit, upload, or input various content to the Service, including profile information, progress photos, workout logs, and other data ("User Content"). You retain ownership of your User Content.

7.2 License Grant

By submitting User Content, you grant Gymero a non-exclusive, worldwide, royalty-free license to use, store, process, and display your content solely for the purpose of providing and improving the Service. This license ends when you delete your content or account.

7.3 Content Restrictions

You agree not to submit content that:

• Is false, misleading, or inaccurate
• Infringes on intellectual property rights of others
• Contains malware, viruses, or harmful code
• Is illegal, obscene, defamatory, or violates any third-party rights
• Impersonates any person or entity

7.4 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, without prior notice.

8. Health and Fitness Disclaimer

8.1 Consult Healthcare Professionals

Before beginning any exercise program, making dietary changes, or following any recommendations from the Service, you should consult with a qualified healthcare provider, especially if you:

• Have any existing medical conditions or injuries
• Are pregnant or nursing
• Take any medications
• Have a history of heart disease, high blood pressure, or other cardiovascular conditions
• Have diabetes or metabolic disorders
• Have eating disorders or a history thereof
• Are over 40 years of age and have been sedentary

8.2 Assumption of Risk

Physical exercise carries inherent risks including, but not limited to, injury, disability, and death. By using the Service, you acknowledge these risks and assume full responsibility for your health and safety decisions.

8.3 Nutritional Information

Nutritional information and meal plans are provided as general guidance. They do not account for individual allergies, intolerances, medical conditions, or specific nutritional needs. Always verify ingredients and consult with a registered dietitian or healthcare provider for personalized nutrition advice.

8.4 Listen to Your Body

Stop exercising immediately and seek medical attention if you experience pain, dizziness, shortness of breath, or any other concerning symptoms during or after exercise.

9. Third-Party Integrations

9.1 Wearable Devices

Gymero may integrate with third-party fitness wearables and health platforms, including but not limited to Fitbit, Garmin, Google Fit, Apple Health, Whoop, and Oura. These integrations are subject to the respective third party's terms of service and privacy policies.

9.2 Data Syncing

When you connect a third-party service, you authorize Gymero to access and import data from that service, such as sleep data, heart rate, steps, and activity metrics. This data is used to enhance your Gymero experience and provide personalized recommendations.

9.3 Third-Party Terms

Your use of third-party services is governed by their respective terms. Gymero is not responsible for the availability, accuracy, or security of third-party services. We do not endorse any third-party service and are not liable for any issues arising from their use.

9.4 Payment Processing

Payment processing is handled by Stripe. By making payments through Gymero, you agree to Stripe's terms of service and privacy policy. We do not store complete credit card information on our servers.

10. Privacy and Data

10.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

10.2 Data Collection

We collect and process various types of data, including:

• Account information (email, password hash)
• Profile data (age, weight, height, fitness goals)
• Usage data (workouts logged, meal tracking)
• Health data (from connected wearables, if authorized)
• Progress photos (if uploaded)
• Device and analytics data

10.3 Data Export

You may export your personal data at any time through the Settings page. Exported data will be provided in a machine-readable format (JSON).

10.4 Data Deletion

You may request deletion of your account and associated data through the Settings page. Account deletion is permanent and cannot be undone. Certain data may be retained as required by law or for legitimate business purposes.

10.5 Data Security

We implement industry-standard security measures to protect your data. However, no method of transmission or storage is 100% secure. You acknowledge this inherent risk when using the Service.

11. Intellectual Property

11.1 Gymero Property

The Service, including its design, features, content, software, and underlying technology, is owned by Gymero and protected by copyright, trademark, and other intellectual property laws. The Gymero name, logo, and all related marks are our trademarks.

11.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes.

11.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or alter any proprietary notices or labels
• Use the Service for commercial purposes without authorization
• Sublicense, sell, or transfer your rights to the Service
• Use automated systems or bots to access the Service

11.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use such feedback without restriction or compensation.

12. Prohibited Conduct

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any illegal or unauthorized purpose
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Circumvent security features or access restrictions
• Upload malicious code, viruses, or harmful content
• Collect user data without authorization
• Impersonate others or misrepresent your affiliation
• Engage in fraudulent activities or provide false information
• Harass, abuse, or harm other users
• Use the Service to send spam or unsolicited communications
• Resell or redistribute the Service or generated content
• Create multiple accounts to circumvent restrictions
• Use the Service in any manner that could damage or impair it

We reserve the right to investigate and take appropriate action against anyone who violates these prohibitions, including termination of access and reporting to law enforcement.

13. Termination

13.1 Termination by You

You may terminate your account at any time by using the account deletion feature in Settings. Upon termination, your right to use the Service ceases immediately.

13.2 Termination by Gymero

We may suspend or terminate your account and access to the Service at any time, with or without cause or notice, including for:

• Violation of these Terms
• Fraudulent or illegal activity
• Conduct harmful to other users or the Service
• Extended periods of inactivity
• Requests by law enforcement
• Discontinuation of the Service

13.3 Effect of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• Unused credits are forfeited and non-refundable
• Your User Content may be deleted
• Provisions that should survive termination will remain in effect

13.4 Data Retention

Following termination, we may retain certain data as required by law or for legitimate business purposes, such as fraud prevention and legal compliance.

14. Disclaimers

14.2 No Guarantees

We do not warrant or guarantee that:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• Results from using the Service will be accurate or reliable
• Any errors will be corrected
• You will achieve any specific fitness or health outcomes

14.3 Third-Party Content

The Service may contain links to third-party websites or services. We do not control and are not responsible for such third-party content, policies, or practices.

14.4 Technical Issues

We are not liable for any damage resulting from technical issues, including data loss, service interruptions, or incompatibilities with your devices or software.

15. Limitation of Liability

15.1 Maximum Liability

Our total liability for any claims arising from or related to the Service shall not exceed the greater of: (a) the amount you paid to Gymero in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

15.2 Essential Purpose

These limitations apply regardless of the theory of liability and even if Gymero has been advised of the possibility of such damages. Some jurisdictions do not allow limitations on implied warranties or liability, so some limitations may not apply to you.

15.3 Health-Related Liability

Gymero expressly disclaims any liability for injuries, health complications, or adverse effects resulting from following any workout plans, nutrition guidance, or other recommendations provided through the Service.

16. Indemnification

You agree to indemnify, defend, and hold harmless Gymero and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Any activity under your account
• Your negligence or willful misconduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us and attempt to resolve any dispute informally. Most concerns can be resolved this way.

17.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, rather than in court. The arbitration shall be conducted in accordance with applicable arbitration rules.

17.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive your right to participate in class action lawsuits or class-wide arbitration.

17.4 Exceptions

Either party may bring claims in small claims court if the claim qualifies. Either party may seek injunctive relief in court for intellectual property infringement or unauthorized use of the Service.

17.5 Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

18. Changes to Terms

18.1 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Last Updated" date.

18.2 Notice

For significant changes, we may also provide additional notice through email or an in-app notification. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

18.3 Disagreement

If you do not agree to modified Terms, you must stop using the Service and may terminate your account. Your sole remedy for disagreement with these Terms is to discontinue use.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Gymero regarding the Service.

19.2 Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

19.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision. A waiver must be in writing to be effective.

19.4 Assignment

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

19.5 No Partnership

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Gymero.

19.6 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet/infrastructure failures.

19.7 Headings

Section headings are for convenience only and have no legal effect.

20. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service or the Gymero Service, please contact us:

We aim to respond to all inquiries within 2-3 business days.