Terms and Conditions

Welcome to Gymlan. These terms and conditions govern the use of our application. By accessing or using Gymlan, you agree to be bound by these terms. Please read them carefully.

1. Definitions and Acceptance

By creating an account or using Gymlan, you confirm that you have read, understood, and accept these terms in their entirety. If you do not agree, you must stop using the application immediately. Gymlan is a platform that connects people interested in fitness and sports activities worldwide.

2. Eligibility and Registration

To use Gymlan, you must: (a) be at least 18 years old; (b) have the legal capacity to enter into contracts; (c) not be prohibited from using the service under the laws of your jurisdiction; (d) comply with these terms and all applicable laws. By registering, you warrant that all information provided is true, accurate, and complete.

3. Contractual Relationship and Tax Responsibility

Gymlan offers a technology platform to connect users and Trainers (Swipes, Matches). Gymlan acts solely as a facilitating intermediary, and NO employment, agency, or partnership relationship exists between Gymlan and the Trainers. Trainers are independent professionals and are exclusively responsible for: (a) their tax obligations; (b) obtaining their own civil liability and personal accident insurance; (c) issuing legal invoices to their clients. Gymlan does not guarantee the professional certification of any Trainer profile.

4. Medical Disclaimer

Engaging in physical exercise carries inherent risks of serious injury or death. Gymlan is NOT a healthcare provider. By using the app, you declare that: (a) You have consulted a physician before starting any program; (b) You do not have pre-existing conditions (e.g., cardiac, respiratory, pregnancy) that could put your health at risk; (c) You voluntarily assume all associated risks. Gymlan IS NOT responsible for injuries, heart attacks, fainting, or accidents that occur during workouts.

4.1. Facility Disclaimer (Gyms)

Gymlan DOES NOT own, operate, or control any sports facility, gym, or park. We are not responsible for: (a) Defective equipment maintenance in third-party gyms; (b) Unsafe facility conditions (wet floors, lack of ventilation); (c) Negligence by gym staff. Any claims regarding facility conditions must be directed exclusively to the property owner.

5. User Account and Security

You are responsible for maintaining the confidentiality of your account and password. You must notify us immediately of any unauthorized use. You may not: (a) create multiple accounts; (b) share your account with third parties; (c) use other users' accounts; (d) sell, transfer, or assign your account.

5.1. Background Checks and Safety

Gymlan DOES NOT conduct criminal background checks or search sex offender registries for its users. We do not guarantee the conduct of any user. You are solely responsible for your interactions. We recommend using caution and common sense in all encounters.

6. Code of Conduct and House Rules

The 'House Rules' accepted during registration are an integral part of this agreement. Gymlan has a ZERO TOLERANCE policy. Violating the rules of 'Be Kind', 'Play Safe', or uploading offensive content will result in immediate account termination without refund. Prohibited: harassment, nudity, hate speech, spam.

6.1. User Content (License)

You retain full ownership of your photos and messages. However, for Gymlan to operate, you grant us a worldwide, royalty-free, sublicensable license to host, store, reproduce, modify (to fit screen formats), and display your content publicly (only to other users) within the app. We DO NOT sell your content to third parties.

7. Payments, Subscriptions, and Tiers

Gymlan offers different subscription tiers ('Pass', 'Silver', 'Premium') with varied benefits. All recurring subscription purchases are processed by third parties (Apple/Google/MercadoPago). When changing from one plan to another (Upgrade/Downgrade), billing will be adjusted immediately according to the respective app store's policies. AUTOMATIC RENEWAL: Your subscription will renew automatically unless canceled.

7.1. Intellectual Property of Routines

Workout plans provided by Trainers are the intellectual property of the Trainer. By purchasing a plan, you receive a personal, non-transferable, and non-exclusive license to use it. Resale or public distribution is prohibited.

7.2. Virtual Goods (Consumables)

We offer single-use items ('SuperLikes', 'Boosts', 'Rewinds') and unlock features ('Discover'). These items HAVE NO real monetary value and are consumed upon use. They are non-refundable and non-transferable between accounts.

7.3. Right of Withdrawal (EU/UK) - Waiver

If you reside in the EU/UK: By purchasing digital content (Subscriptions, Boosts), you expressly consent to the execution of the contract immediately and ACKNOWLEDGE THAT YOU LOSE YOUR 14-DAY RIGHT OF WITHDRAWAL once the download or use of the service begins. If you do not accept this waiver, do not purchase digital content.

7.4. Group Upgrades

Group feature purchases ('Massive Groups', 'Global Reach', 'Group Boost') are EXCLUSIVELY linked to the specific Group where they were applied. They are NOT transferable to other groups or refundable if you decide to delete the group or if the group is removed for violating rules.

8. Privacy and Data Protection

Your privacy is essential to us. We comply with data protection regulations. Our Privacy Policy details how we collect, use, and protect your personal information.

9. Intellectual Property

Gymlan and all its content (design, logos, texts, graphics, software) are protected by copyright, trademarks, and other intellectual property laws. You cannot copy, modify, distribute, or create derivative works without express authorization. FEEDBACK: If you send us feedback, ideas, or suggestions, you agree that we can use them freely without any obligation to compensate you.

9.1. DMCA Notice

We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent at: copyright@gymlan.com, including a description of the work and the location of the infringing material.

10. Moderation and Suspension

We reserve the right to review content, investigate violations, and take corrective action, including warnings, temporary suspension, or permanent account deletion. Moderation decisions are final, but you can appeal by contacting our support.

11. Security, Verification, and Biometric Consent

By requesting a 'Trainer' account, you explicitly consent to Gymlan processing your biometric data (facial image) and official documents to verify your identity. Gymlan makes commercially reasonable efforts to validate this information, but verification is NOT infallible against sophisticated forgery or identity theft. Gymlan ASSUMES NO responsibility for the authenticity of documents provided by third parties. If it is discovered that you provided false information or tampered documents, your account will be permanently terminated and reported to authorities.

12. Limitation of Liability

Gymlan is provided 'as is'. We do not guarantee uninterrupted availability, error-free operation, or specific results. Our liability is limited to the amount paid for premium services in the last 12 months. We are not liable for indirect, incidental, or consequential damages.

12.1. Algorithm and Data Warranty Disclaimer

We do not guarantee the success of our matching algorithm or compatibility with suggested partners. Furthermore, health data displayed (calories, steps) derived from third-party integrations (Health Connect, Wearables) may contain inaccuracies; they MUST NOT be used for medical purposes.

13. Indemnification and Malpractice

You agree to indemnify and hold Gymlan harmless against any claim, damage, or demand arising from: (a) your use of the service; (b) violation of these terms; (c) physical injuries, property damage, or death caused by your professional negligence or malpractice during a training session (if you are a Trainer). You understand that Gymlan does not supervise your sessions and is not responsible for your professional conduct.

14. Termination and User Account Deletion

You can request account deletion from your settings. Upon doing so, your account will enter a 90-day security retention period before permanent deletion, in compliance with our fraud prevention and legal policies. During this time, your account will be deactivated and hidden from the public.

15. Dispute Resolution and Release

Any dispute between users (e.g., Student vs. Trainer) must be resolved between the parties. Gymlan is not a party to such disputes. You release Gymlan (and its directors/employees) from any claim, demand, or damage arising from conflicts with other users or third parties. We will only intervene if the dispute involves a technical violation of our Terms.

16. Governing Law, Jurisdiction, and Class Action Waiver

These terms are governed by the laws of the applicable jurisdiction (Argentina for LatAm users). However, CLASS ACTION WAIVER: To the fullest extent permitted by law, you agree that any dispute will be resolved individually and NOT as a plaintiff in a class or representative action.

17. Modifications

We may modify these terms occasionally. We will notify you of significant changes at least 30 days in advance via the app or email. Continued use after changes constitutes acceptance of the new terms.

18. Contact and Support

For questions about these terms, contact our support team at: legal@gymlan.com. Estimated response time is 48-72 business hours.

19. General Provisions and Force Majeure

If any provision is invalid, the rest remains in effect. FORCE MAJEURE: Gymlan will not be liable for defaults or delays caused by events beyond its reasonable control (natural disasters, mass internet failures, wars, pandemics). These terms constitute the entire agreement between the parties.

20. Additional App Store Terms

You acknowledge that this agreement is between you and Gymlan, not Apple or Google. Apple/Google are not responsible for the service or its maintenance. However, Apple and its subsidiaries are 'Third-Party Beneficiaries' of this agreement and have the right to enforce it against you as an end user if you violate their terms.

21. Binding Arbitration (US/Intl Users)

For users outside of Argentina (especially the US): You agree to resolve any dispute through INDIVIDUAL BINDING ARBITRATION instead of in court. You expressly waive the right to a jury trial and to participate in class actions. You may opt out by sending a written notice to legal@gymlan.com within 30 days of initial acceptance.

22. Survival

Sections related to Intellectual Property, Indemnification, Limitation of Liability, Dispute Resolution, and Arbitration will survive the termination of this agreement and/or your account cancellation.

23. Export Compliance

You represent and warrant that: (a) You are not located in a country subject to a US government embargo; and (b) You are not listed on any US government list of prohibited or restricted parties.

24. Beta Features

We may launch 'Beta' or 'Test' features. These are provided 'as is', may contain bugs, and carry no warranty. Gymlan is not responsible for data loss or issues arising from using Beta features.

25. User Groups and Events

Gymlan may allow users to create groups or organize meetups. Gymlan DOES NOT organize, supervise, or control these events. By joining a group or attending an event, you assume full responsibility for your safety. Gymlan is not liable for actions taken by group administrators or any incident occurring at offline meetups.

26. Third-Party Links

The service may contain links to third-party websites not controlled by Gymlan. We are not responsible for the content or privacy practices of those sites. You access them entirely at your own risk.