Terms of Service

1. Acceptance of terms

By creating an account, accessing, or using GymApp, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, do not use the service.

These terms apply globally to all users regardless of location, unless specific local laws in your jurisdiction override them — in which case those laws apply to the extent required.

2. The service

GymApp provides gym management and workout tracking tools including membership management, check-in tracking, workout logging, trainer programs, QR-based access, and billing management.

We may modify, suspend, or discontinue features with reasonable notice. For paid subscribers, we will provide at least 30 days' notice before removing a core paid feature, and offer a prorated refund if the feature was material to your subscription.

3. Eligibility

• You must be at least 16 years old (or 13 in the USA, with parental consent).
• You must provide accurate, truthful information when creating your account.
• You must have the legal capacity to enter into a binding contract in your jurisdiction.
• Corporate users represent that they are authorised to bind the entity to these terms.

4. Your account

• You are responsible for all activity under your account.
• Keep your password secure. Do not share credentials.
• Notify us immediately at peternjorogeirungu76@gmail.com if you suspect unauthorised access.
• You may not create multiple accounts to circumvent suspension or access restrictions.

5. Gym owners and administrators

If you register a gym on GymApp, you take on responsibilities as an independent data controller for your members' data. You must:

• Obtain lawful consent or have a valid legal basis to collect and process member data.
• Comply with applicable data protection laws in your country and the countries of your members.
• Inform your members that their data is managed through GymApp and link them to this Privacy Policy.
• Not use GymApp to collect sensitive health data without appropriate member consent.
• Promptly remove member data when they exercise their right to erasure.

GymApp processes member data on behalf of gym owners as a data processor (under GDPR) or service provider (under CCPA). Our Data Processing Agreement is available on request.

6. Subscriptions and billing

• Billing:Payments are processed by Paystack and subject to their terms.
• Renewal:Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.
• Cancellation:You may cancel at any time. Access continues until the end of the current billing period.
• Refunds:Contact us within 7 days of a charge if you believe it was made in error. We handle refunds on a case-by-case basis.
• EU/UK users:You have a 14-day statutory cooling-off right on digital services. This right is waived once you begin actively using paid features.
• Price changes:We will give 30 days' notice of price increases. Continued use after the notice period constitutes acceptance.

7. Acceptable use

You must not use GymApp to:

• Violate any applicable law or regulation.
• Access or attempt to access another user's account or data without authorisation.
• Reverse-engineer, scrape, or abuse the platform's APIs or infrastructure.
• Upload malicious code, viruses, or content designed to disrupt the service.
• Harass, impersonate, or harm other users.
• Use the service for any commercial purpose not expressly permitted.

8. Intellectual property

GymApp and its content (code, design, branding, copy) are owned by us and protected by intellectual property laws. You retain ownership of your personal workout data. By using the service, you grant us a limited licence to store and process your data solely to provide the service to you.

9. Disclaimer of warranties

GymApp is provided "as is" and "as available." We do not warrant that the service will be uninterrupted, error-free, or meet all your requirements. To the extent permitted by local law, we disclaim all implied warranties of merchantability and fitness for a particular purpose.

Some jurisdictions (including EU member states, UK, and Australia) do not allow the exclusion of certain implied warranties. In those jurisdictions, our disclaimers apply to the maximum extent permitted by law, and your statutory rights remain unaffected.

10. Limitation of liability

To the maximum extent permitted by applicable law, our total liability for any claim arising out of or relating to GymApp is limited to the greater of (a) the amount you paid us in the 3 months preceding the claim, or (b) USD $50.

We are not liable for indirect, incidental, consequential, or punitive damages, including loss of data, business interruption, or lost profits.

Nothing in these terms excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under applicable consumer protection law in your jurisdiction.

11. Termination

We may suspend or terminate your account if you:

• Violate these terms.
• Engage in fraudulent activity.
• Create security or legal risks for GymApp or its users.

Where possible we will give you advance notice and an opportunity to respond. You may delete your account at any time by emailing peternjorogeirungu76@gmail.com.

12. Governing law and disputes

These terms are governed by the laws of Kenya.

We prefer to resolve disputes informally — email us first. If that fails, disputes shall be submitted to binding arbitration under Kenyan law, except where prohibited by local consumer protection law.

EU and UK consumers retain the right to bring claims before courts in their country of residence and to use their jurisdiction's alternative dispute resolution bodies, regardless of any arbitration clause.

13. Changes to these terms

We may update these terms. For material changes, we will provide at least 14 days' notice by email or in-app notification. If you do not accept the new terms, you may close your account before the effective date. Continued use after the effective date constitutes acceptance.

14. Contact

For any questions about these terms or to exercise any rights, contact us at peternjorogeirungu76@gmail.com. We aim to respond within 5 business days.