Gymmy Terms of Service
These Terms of Service (the "Terms") are a binding agreement between you and JCN Labs LLC, a California limited liability company ("JCN Labs," "we," "us," or "our"), governing your use of the Gymmy iOS application and the gymmy.social website (together, the "Service").
By creating an account or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 13 years old to use the Service. If you are between 13 and the age of majority in your jurisdiction, you may use the Service only with the consent of a parent or legal guardian who agrees to these Terms on your behalf. By using the Service, you represent that you meet these requirements.
2. Your account
You need an account to use the Service, created through Sign in with Apple or Sign in with Google. You are responsible for the activity that occurs under your account and for keeping your sign-in method secure.
Usernames. A username is generated from your name when you join. You may change your username exactly once, after which it is permanent. Usernames must not impersonate another person, infringe anyone's rights, or contain offensive content. We may reclaim or reset usernames that violate these Terms.
Accuracy. You agree that the profile information you provide, including your city and country, is accurate. Regional features such as local leaderboards depend on it.
3. License to use the Service
Subject to these Terms, JCN Labs grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Gymmy app on Apple-branded devices that you own or control, as permitted by the Apple App Store terms, for your personal, non-commercial use.
You may not: copy, modify, or distribute the Service or its content except as permitted; reverse engineer or attempt to extract source code except where the law permits it despite this restriction; access the Service by automated means such as bots or scrapers; interfere with or disrupt the Service; circumvent access controls or usage limits; or misrepresent training data with the intent to manipulate leaderboards, ratings, or other competitive features.
4. Gymmy Premium subscriptions
Gymmy offers an optional auto-renewing subscription, Gymmy Premium, in weekly, monthly, and yearly plans.
- Billing. Payment is charged to your Apple ID account at confirmation of purchase and is handled entirely by Apple. We do not receive or store your payment card details.
- Auto-renewal. Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period. Your Apple ID account is charged for renewal within 24 hours before the end of the current period.
- Managing and canceling. You can manage or cancel your subscription in your Apple ID account settings at any time. Canceling stops future renewals; you keep access through the end of the period already paid for.
- Free trial. New accounts may receive a free trial of premium features. When a trial ends, your account continues on the free tier unless you subscribe. Any unused portion of a free trial period is forfeited when you purchase a subscription, where applicable.
- Refunds. Purchases are subject to Apple's refund policies. Refund requests are made through Apple, not through JCN Labs.
- Price changes. If a subscription price changes, Apple will notify you in accordance with its policies, and where required, the change will apply only after you consent or at your next renewal following notice.
- Fair play. Premium provides insight, history, convenience, and cosmetic features. It never purchases competitive advantage.
5. User content
"User Content" means anything you create or share through the Service that other users can see, including comments, nudge messages and replies, your profile photo, your username and name, and the training activity you share to social surfaces.
Your ownership and our license. You own your User Content. You grant JCN Labs a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute your User Content solely as necessary to operate, provide, and improve the Service, consistent with the privacy settings you choose. This license ends when you delete the content or your account, except for residual copies described in our Privacy Policy and content that others have already interacted with as part of the Service's normal operation.
Your responsibility. You are solely responsible for your User Content. You represent that you have the rights to share it and that it does not violate these Terms or any law.
6. Community conduct
You agree not to post or transmit User Content, and not to use the Service in any way, that:
- harasses, bullies, threatens, or intimidates any person;
- is hateful, discriminatory, or abusive toward any person or group;
- is sexually explicit, or exploits or endangers minors in any way;
- promotes self-harm, disordered eating, or dangerous misuse of substances;
- impersonates any person or entity, or misrepresents your affiliation;
- infringes any intellectual property, privacy, or publicity right;
- contains spam, unsolicited promotion, or malicious links or code;
- discloses another person's private information without consent; or
- is unlawful or promotes unlawful activity.
Moderation. We may, at our discretion and without prior notice, remove or hide User Content, reset usernames, remove profile photos, restrict features, suspend, or terminate accounts that we reasonably believe violate these Terms. We are not obligated to monitor User Content, but we may do so, and we respond to user reports.
Reporting and blocking. The Service provides tools to report content or users and to block users. Blocking removes the blocked user's presence from your experience and yours from theirs. To report an urgent concern, you can also contact support@gymmy.social.
7. Health and fitness disclaimer
Gymmy is not a medical service and does not provide medical advice. The Service provides fitness tracking, statistics, estimates, and motivational features for informational purposes only. Nothing in the Service is a substitute for professional medical advice, diagnosis, or treatment.
Consult a physician before beginning any exercise program, especially if you have a medical condition, are pregnant, or have any concern about your health. Physical exercise carries inherent risks, including the risk of serious injury. You assume full responsibility for your training decisions and any risks arising from your physical activity. Stop exercising and seek medical attention if you experience pain, dizziness, shortness of breath, or other concerning symptoms.
Statistics, percentiles, readiness values, and similar figures in the Service are estimates generated from the data you provide. They are not medical measurements and should not be relied on as such.
8. Intellectual property
The Service, including its software, design, graphics, the Gymmy name and logo, the Reppy character, and all content other than User Content, is owned by JCN Labs or its licensors and is protected by intellectual property laws. Except for the license in Section 3, no rights are granted to you.
If you send us feedback or suggestions, you grant us the right to use them without restriction or compensation.
Copyright complaints. If you believe content on the Service infringes your copyright, send a notice to support@gymmy.social including: identification of the copyrighted work, identification of the material you claim is infringing, your contact information, a statement of good-faith belief that the use is not authorized, and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.
9. Third-party services
The Service interoperates with third-party services, including Apple Health, Sign in with Apple, Sign in with Google, and the Apple App Store. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. Apple Health integration is optional and read-only.
10. Apple App Store terms
These additional terms apply because the app is distributed through the Apple App Store:
- These Terms are between you and JCN Labs only, not with Apple Inc. ("Apple"). Apple is not responsible for the Service or its content.
- The license in Section 3 is limited to use of the app on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that the app may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
- Apple has no obligation to furnish any maintenance or support services for the app.
- In the event of any failure of the app to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are governed by these Terms.
- Apple is not responsible for addressing any claims by you or a third party relating to the app or your use of it, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer protection or similar legislation.
- If a third party claims the app infringes its intellectual property rights, JCN Labs, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of the claim, to the extent required by these Terms.
- You represent 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 on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms of agreement when using the app.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Questions, complaints, or claims regarding the app should be directed to JCN Labs at support@gymmy.social.
11. Disclaimer of warranties
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, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DATA WILL NOT BE LOST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JCN LABS AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY INJURY, LOSS, OR DAMAGE ARISING FROM YOUR PHYSICAL TRAINING OR EXERCISE ACTIVITIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF JCN LABS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO JCN LABS THROUGH THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE AND (B) ONE HUNDRED U.S. DOLLARS (USD 100).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
13. Indemnification
You agree to indemnify and hold harmless JCN Labs and its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or connected with your User Content, your use of the Service in violation of these Terms, or your violation of any law or the rights of a third party.
14. Termination
You may stop using the Service and delete your account at any time in Settings. We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or if we discontinue the Service. Upon termination, the licenses granted to you end. Sections that by their nature should survive termination survive, including Sections 5 (license to residual content as described), 7, 8, and 11 through 17.
15. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Before filing a claim, you agree to try to resolve the dispute informally by contacting support@gymmy.social; we will try to resolve it with you in good faith. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in California, and you and JCN Labs consent to their jurisdiction, except that either party may bring an individual claim in small claims court. Nothing in this section limits rights you may have under the consumer protection laws of your place of residence that cannot be waived by contract.
16. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you through the app or by other reasonable means before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, stop using the Service and delete your account.
17. General
These Terms, together with the Privacy Policy, are the entire agreement between you and JCN Labs regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries of these Terms except as stated in Section 10.
18. Contact
JCN Labs LLC
Email: support@gymmy.social
Website: https://gymmy.social