Terms of Service

1. Who can use Gimens

• Gyms (their owners, staff and coaches) use Gimens to manage their members and programming.
• Members get an account through their gym. You must be at least 13. If you're under 18 (or the age of majority where you live), a parent or guardian must agree to these terms for you.
• Keep your sign-in secure: you're responsible for what happens under your account. Tell us right away if you think someone else has used it.

2. A service in beta

Gimens is in beta. It's free for now for gyms with up to 10 active members, and features, limits and prices may change. We may add paid plans; we'll tell gyms before anything they use starts to cost money, and nothing is charged without their agreement. We may change, suspend or stop all or part of the Service at any time, and will try to give reasonable notice when we can.

3. Gyms' responsibilities

If you use Gimens for a gym, you are responsible for:

• your gym and everything it offers: classes, coaching, programming, facilities, equipment and the safety of the people who train there;
• your agreements with your members, including any waivers, membership terms, prices, cancellations, refunds and taxes. Gimens is not a party to those agreements;
• the information you and your staff enter, and having the right and any consent needed to add people and their details to Gimens and to contact them;
• who you give staff access to, and what they do with it;
• complying with the laws that apply to your business, including consumer, privacy, health and payment rules.

Keep your own copies of records your business needs. Gimens is not a record-keeping service you can rely on for legal, tax or accounting purposes.

4. Payments

Gyms that take card payments do so through their own Stripe account, under Stripe's terms. Members pay the gym, not Gimens; we never hold that money. Charges, failed payments, refunds, chargebacks and disputes are between the member, the gym and Stripe. We aren't responsible for them, or for Stripe's service, fees or decisions, though we'll help where we can.

5. Health and fitness

Gimens shows workouts that your gym writes and results that people log. Nothing in the Service is medical, health or professional advice, and Gimens doesn't check whether a workout is suitable or safe for you. Exercise involves a risk of injury, illness and, rarely, death. Talk to a doctor before starting or changing an exercise program, especially if you have a health condition or injury, and stop if you feel pain, dizziness or shortness of breath.

You take part in any workout at your own risk. To the fullest extent the law allows, you release Gimens from any claim arising from your exercise or training, including workouts shown in the Service. Questions about a workout or your training belong with your gym and its coaches.

6. What you post

You keep ownership of what you post: results, notes, comments, photos and other content ("your content"). You give us permission to store, copy, resize and show your content to run the Service, for example showing your results and comments to people at your gym. This permission ends when your content is deleted, except for copies kept briefly in backups or where the law requires us to keep them.

You're responsible for your content and confirm you have the right to post it. Only post photos of other people with their permission.

7. Rules

Don't use Gimens to:

• harass, bully, threaten or demean anyone, or post hateful, sexual, violent or otherwise offensive content;
• post anything illegal, or that infringes someone else's rights or privacy;
• impersonate anyone, or misrepresent who you are or your connection to a gym;
• send spam, or collect other people's information without their permission;
• break, probe or overload the Service, get around its security or limits, or access it by automated means except through features we provide.

We have no tolerance for objectionable content or abusive people. Anyone can report a member or a comment, and hide someone they'd rather not see; gyms review reports, and so may we. We may remove content and suspend or close accounts that break these rules, with or without notice.

8. Other services

Gimens works with services run by others, such as Stripe (payments), GIPHY (GIFs), Apple and Google (app stores and notifications) and Expo (notifications). Their own terms apply to your use of them, and we aren't responsible for them or for their content. GIFs come from GIPHY and are filtered for general audiences, but we don't control them.

9. Ending your use

You can stop using Gimens at any time and delete your account in the app or on the web. We may suspend or end your access if you break these terms, if your gym removes you, if required by law, or if we stop offering the Service. Sections 3 to 6 and 10 to 15 continue to apply after your use ends.

10. Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't promise that the Service will be uninterrupted, secure or free of errors, that data won't be lost, or that anything shown in it (including workouts, results, membership and payment information) is accurate or complete.

11. Limitation of liability

To the fullest extent the law allows: (a) we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data, goodwill or business, even if we were told they were possible; (b) we are not liable for personal injury or property damage resulting from your training or your use of a gym; and (c) our total liability for all claims relating to the Service or these terms is limited to the greater of the amount you paid us for the Service in the 12 months before the claim, or US$50.

Some places don't allow some of these limits; where that's the case, they apply only as far as the law allows. Nothing in these terms limits liability that can't legally be limited.

12. Indemnity

You will defend and hold us harmless from claims, losses and costs (including reasonable legal fees) brought by others that arise from your content, your breaking these terms or the law, or, for gyms, your gym's services, your dealings with your members and staff, and the information you put into Gimens.

13. The app stores

If you got the app from Apple's App Store, these terms are between you and us, not Apple. Apple has no duty to provide maintenance or support for the app. If the app fails to meet a warranty that applies, you may tell Apple, and Apple may refund the price you paid for it (if any); Apple has no other warranty obligation. Apple isn't responsible for claims about the app, including product liability claims, claims that it doesn't meet a legal or regulatory requirement, consumer protection claims, or claims that it infringes someone's intellectual property. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. You confirm you aren't in a country under a US government embargo or on a US government list of prohibited or restricted parties. Your use must also follow the app store's own rules.

14. Disputes

These terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law rules. If you have a concern, email us first; most can be sorted out that way. If we can't resolve it within 30 days, either of us may bring a claim in the state or federal courts located in California, and we both agree to their jurisdiction. Either of us may instead bring a claim in small claims court where it qualifies. Claims must be brought within one year after they arise, where the law allows that limit.

15. Other terms

• We may update these terms. We'll post the new version here with a new date and, for changes that matter, tell gyms by email or in the Service. Using the Service after a change means you accept it.
• These terms and the Privacy Policy are the whole agreement about the Service. If part of them can't be enforced, the rest still applies. Not enforcing a term isn't a waiver of it.
• You can't transfer these terms without our consent; we may transfer them, for example to a company we form to run Gimens or to a buyer of the Service.
• We aren't responsible for delays or failures caused by things outside our reasonable control.

Contact

Questions about these terms: support@w4n.io.