Terms of Service

Version: 1.0

Effective Date: September 1, 2025

Acceptance of Terms

Welcome to Gymti! These Terms of Service (the "Terms") govern your access to and use of the Gymti website, app, and AI-powered workout plan services (collectively, the "Service"). By accessing or using Gymti, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, do not use the Service. Your use of Gymti is also subject to our Privacy Policy and Data Policy, which describe how we collect, use, and protect your information. Gymti reserves the right to update or modify these Terms at our sole discretion. If we make material changes, we will provide notice (for example, by posting the updated Terms with a new effective date). Continued use of the Service after any changes constitutes your acceptance of the revised Terms.

Description of Service

Gymti is a personalized fitness platform that uses artificial intelligence to generate custom workout plans tailored to your individual goals, preferences, and physical characteristics. Through our step-by-step onboarding, you provide information such as your fitness goals, body metrics, workout location, available equipment, experience level, and schedule. Based on this data, Gymti's AI will create a structured workout plan designed for your unique needs. Please note: Gymti's generated workout plans are for informational and educational purposes only, and not individualized professional advice. Gymti is provided to users free of charge at this time. We do not guarantee that the Service will always remain free, and we reserve the right to introduce paid features or subscriptions in the future (with appropriate notice to users). We also reserve the right to modify or discontinue any part of the Service at any time without liability. You are responsible for ensuring you have the necessary equipment, internet access, and compatible devices to use Gymti.

Account Registration and Security

Account Required: To access Gymti's features, you must create an account. You agree to provide true, accurate, current, and complete information about yourself during registration, and to update your account information as needed to keep it accurate and current. You must not impersonate anyone or provide false details. If we suspect that your information is untrue or incomplete, we may suspend or terminate your account.

Account Security: You are responsible for maintaining the confidentiality of your account login credentials (such as your password) and for all activities that occur under your account. You agree not to share your password or allow others to use your account, and to notify us immediately of any unauthorized access or security breach. Gymti will not be liable for any loss or damage arising from your failure to safeguard your account information or from unauthorized use of your account.

Eligibility (Age and Health Requirements)

Age Restrictions: By using Gymti, you represent and warrant that you are at least 18 years old (or the age of legal majority in your jurisdiction). Individuals under 18 may not use the Service unless a parent or legal guardian has consented and is supervising the use. If you are under 18 but at least 13 years of age, you may use Gymti only with the involvement and consent of your parent or guardian, who must agree to these Terms on your behalf. Gymti is not intended for children under 13, and we do not knowingly allow anyone under 13 to use the Service. If you are a parent or guardian permitting a minor to use Gymti, you agree to supervise the minor's use, ensure they understand these Terms, and you assume full responsibility for the minor's use of the Service and any consequences thereof.

Health Requirements: Gymti is intended for use only by individuals who are in good general health without any medical conditions or injuries that could make exercise dangerous. If you have any existing health condition, injury, disability, or other special medical condition, you are not permitted to use Gymti or rely on its workout plans without first obtaining approval from a qualified healthcare professional. The workout plans and fitness guidance provided by Gymti are not a substitute for professional medical advice or treatment. You should consult your physician or other licensed healthcare provider before starting any new exercise program, especially if you have a history of high blood pressure or heart disease, have experienced any discomfort while exercising in the past, or have any unique medical needs. If you are pregnant, nursing, elderly, or have any condition that could be made worse by exercise (such as orthopedic injuries, chronic illness, or cardiovascular issues), do not use Gymti without clearance from your doctor. By using the Service, you represent that you are healthy enough to engage in exercise and have no condition that would make your use of our workout plans unsafe. Never disregard professional medical advice or delay seeking it because of information from Gymti.

International Use

Gymti is offered as a global service and is not limited to any specific country. Recognizing the global nature of the internet, you agree to comply with all local laws and regulations applicable to your use of the Service. If you are accessing Gymti from outside our home jurisdiction, you do so on your own initiative and are responsible for compliance with any laws and regulations of your territory. We make no representation that the Service or these Terms comply with the laws of every jurisdiction worldwide; to the maximum extent permitted, any use of Gymti in violation of local law is prohibited. You also agree to comply with all applicable export control laws, including not exporting or re-exporting any part of the Service or technical data in violation of applicable export laws.

Third-Party Services and Content

To provide our Service, Gymti relies on certain third-party providers and integrations. For example: Gymti uses OpenAI as an AI service provider to generate workout plan content, Brevo (Sendinblue) to send emails and communications, and Google Analytics to collect usage analytics. Please be aware that when using Gymti, you may also be interacting with these third-party services. We do not control or guarantee the availability, accuracy, or content of any third-party services.

Gymti's integration of or access to third-party tools (such as AI content generation or email delivery) does not imply any affiliation with or endorsement of those services. Third-Party Content: To the extent that any information, advice, or content is provided through the Service by third parties (for example, AI-generated text or data sourced via third-party tools), such content is provided for convenience and informational purposes. The providers of Third-Party Content are solely responsible for the content they provide. Gymti makes no representations or warranties regarding any Third-Party Content's accuracy or reliability. You agree that under no circumstances will Gymti be responsible or liable for any loss or damage resulting from your reliance on content, advice, or services provided by any third party through Gymti.

Because we do not control third parties, you should read and abide by the separate terms of use and privacy policies of those third-party services when applicable. This includes, for example, OpenAI's usage policies for AI-generated content, or Brevo's and Google's policies concerning data handling. By using Gymti, you agree that we are not liable for any acts or omissions of these third-party providers, and that any dispute or claim related to a third-party service must be resolved with that third party.

Health and Fitness Disclaimer (No Medical Advice)

Informational Purposes Only: All workout plans, exercises, fitness suggestions, nutritional information, or other content provided by Gymti (including AI-generated workout routines) are for informational and educational purposes only. Gymti is not a medical or healthcare provider, and nothing on our platform constitutes professional medical advice, diagnosis, or treatment. The Service is designed to help you track and plan fitness activities, not to provide medical guidance. Always consult a qualified healthcare professional before beginning any new workout regimen or if you have questions regarding your health.

No Medical Services: Gymti's recommendations are generated by an AI based on the information you input and general fitness principles. However, Gymti is not a certified personal trainer, doctor, or dietitian, and the Service does not replace consultation with a trained professional. If you have or suspect you may have any medical condition, psychological condition, nutritional deficiency, or injury, stop using Gymti and consult a doctor. The Service is not a substitute for professional care and is not tailored by a human expert to your specific health needs.

Use at Your Own Risk: You agree that any fitness activities you undertake in connection with Gymti's plans are entirely at your own risk. You acknowledge that exercise can involve inherent risks, including but not limited to the risk of injury, soreness, abnormal blood pressure, fainting, heart attack, or even death. You assume full responsibility for any and all injuries or damages (to yourself, your property, or others) that may result from your use of our workout plans. We strongly advise you to stop immediately and seek medical attention if you feel faint, dizzy, pain, or shortness of breath at any time during exercise.

No Guarantee of Safety or Suitability: Every individual has different capabilities and conditions. Gymti cannot and does not guarantee that any particular exercise or workout plan is safe, appropriate, or effective for you. We cannot ascertain what activities are safe for your specific health condition or fitness level. By using the Service, you agree that you will use your own judgment and, where appropriate, consult a personal trainer or medical professional to ensure any exercises or routines are suitable for you. You agree that you will not bring any claim against Gymti or its owners for any injury or issue that arises from the workout plans or fitness advice obtained through the Service.

User Responsibility for AI-Generated Content: Some content, including workout plans and fitness suggestions, is automatically generated by artificial intelligence based on the information you provide. AI-generated outputs may contain errors, omissions, or recommendations that are unsuitable for your personal circumstances. You agree to review all such content before following it, and to confirm its safety and appropriateness with a qualified professional if you have any doubts. You acknowledge that the AI features are provided solely for informational purposes and are not used to make decisions that have legal or similarly significant effects on you within the meaning of applicable data protection laws.

Gymti explicitly disclaims any liability for any injuries, harm, or health complications that may result from the use of our workout plans or your participation in exercises recommended by the Service. All information is used at your own risk, and Gymti shall not be responsible for any health problems or injuries that occur due to training recommendations.

User Conduct and Acceptable Use

We expect all users to use Gymti in a lawful and respectful manner. You agree not to use the Service for any purpose that is illegal or prohibited by these Terms. This includes, without limitation, the following prohibitions:

• No Unlawful or Harmful Use: You will not use Gymti to violate any law or regulation, and you will not engage in any activity that could harm, exploit, or threaten the safety of others. You agree not to use the platform to harass, abuse, or harm other individuals.
• No Misuse or Interference: You will not interfere with, disrupt, or damage the operation of the Service or any networks connected to the Service. This means you must not attempt to hack, disable, overwhelm, or impair the Service (for example, by transmitting viruses, worms, or malicious code). Any attempt to gain unauthorized access to Gymti's systems or user accounts, or to scrape or data-mine content from the Service, is strictly prohibited.
• No Commercial Exploitation or Resale: The Service is provided for your personal use. You agree not to reproduce, duplicate, copy, sell, trade, or resell any portion of the Service or access to the Service for any commercial purposes. You may not use Gymti or the workout plans generated for you in order to operate your own competing fitness service or to otherwise commercially exploit our content.
• No Improper Content Submission: Gymti's onboarding may allow you to input information about yourself. You agree not to submit any false, misleading, or offensive information. Do not attempt to upload or transmit any content through Gymti that is unlawful, defamatory, obscene, or otherwise objectionable (for example, hate speech or pornography), or any content that you do not have rights to use. Although Gymti's primary function is to generate plans from your inputs (rather than host user-generated public content), if you communicate with us or other users through any community features we may add, you must adhere to basic standards of civility and legality.

Violation of any of the above rules may result in immediate termination or suspension of your account at our discretion, and may also expose you to legal consequences.

Intellectual Property and License

Gymti Content: All content and materials available on the Service, including but not limited to text, software, code, logos, graphics, images, plans, and the overall look and feel of the platform, are the property of Gymti or its licensors and are protected by intellectual property laws. This includes the workout plans, exercise descriptions, and any other creative content generated and provided to you. Gymti retains all rights, title, and interest in and to its Service and content, except for content you provide.

Limited License to Users: Subject to your compliance with these Terms, Gymti grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service and to use the workout plans or content provided for your own personal, non-commercial purposes. This means you may view, download, and privately use your Gymti-generated workout plans for exercising and personal fitness tracking. However, you may not copy, distribute, publicly display, sublicense, publish, or sell any content or material from Gymti without our prior written permission. Any unauthorized use of Gymti's content (such as sharing workout plans publicly, using them to train others for a fee, or scraping our database) is a violation of these Terms and may result in account termination and legal action.

User-Provided Content: In the process of using Gymti, you may provide information, feedback, or other content (for example, your personal fitness data or preferences). You retain ownership of any content or data you voluntarily provide to us. By inputting or uploading any content to the Service, you grant Gymti a worldwide, royalty-free license to use, process, and display that content for the purpose of providing the Service to you and to improve our algorithms. We do not claim any ownership over your personal data. Please review our Privacy Policy for details on how we handle user data.

Trademarks: "Gymti" and all associated logos, slogans, or trademarks are the property of the Company. You are not permitted to use Gymti's name or branding without our prior written consent.

If you believe that any content on Gymti infringes your intellectual property rights (such as copyright) or any other rights, please contact us with details, and we will investigate and address the issue in accordance with applicable law.

Disclaimers of Warranties

Service Provided "AS IS": Gymti is provided on an "AS IS" and "AS AVAILABLE" basis with all faults and without any warranty or guarantee of any kind. Your use of the Service is at your sole risk. To the fullest extent permitted by law, Gymti and its affiliates, suppliers, and partners expressly disclaim all warranties of any kind, whether express, implied, or statutory, regarding the Service and its content. This includes, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties that might arise from a course of dealing or usage of trade. We make no promises that the Service will meet your requirements or expectations, be uninterrupted, secure, or error-free. We do not guarantee the accuracy, completeness, or usefulness of any information provided (including workout recommendations, which may not be 100% up-to-date or tailored to every individual).

AI Output and Content: You acknowledge that some content on Gymti is automatically generated by an artificial intelligence system (for example, your workout routine suggestions). AI technology is constantly evolving and may produce imperfect results. Gymti does not warrant or guarantee the accuracy or safety of AI-generated workout plans. While we strive for quality, the AI may occasionally produce suggestions that are not suitable for you or that contain errors. You should use your own discretion and double-check any exercise that seems questionable or unsafe. We are not responsible for any errors or mistakes in content provided by the Service. Gymti disclaims any warranty that any errors or defects in the Service will be corrected, or that the Service will be free of viruses or other harmful components.

No Guarantee of Results: Gymti makes no guarantee or warranty as to any specific fitness outcomes or results from using the Service. Every individual's body and health situation is different. We do not warrant that you will achieve any particular fitness goal, weight loss/gain, strength improvement, or other health benefit by using Gymti. Any testimonials or examples that may be provided are not guarantees that you will experience the same results. You are solely responsible for your own success or failure, and you understand that diet, lifestyle, and many other factors outside Gymti's control affect your results. Gymti also makes no warranty that the Service will be available on an uninterrupted or error-free basis, or that any particular defects will be corrected.

Third-Party Disclaimer: Gymti does not warrant, endorse, or assume responsibility for any product, service, or information offered by any third party that is linked or integrated with our Service. For example, we are not responsible for any third-party websites or resources that might be linked from Gymti, and your dealings with third-party providers (such as internet providers, device manufacturers, or any external fitness content) are solely between you and those providers. We will not be a party to any transaction or dispute between you and any third-party.

Jurisdictional Note: Some jurisdictions do not allow the exclusion of certain warranties or conditions. If such laws apply to you, some of the above disclaimers may not fully apply, and you may have rights in your jurisdiction in addition to those provided in these Terms. In such cases, Gymti's liability and warranties are limited to the maximum extent permitted by law.

Limitation of Liability

To the maximum extent permitted by law, in no event will Gymti or its parent company, affiliates, officers, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever, including but not limited to damages for personal injuries, health problems, lost profits, lost data, business interruption, or any other intangible losses arising from or relating to your use of (or inability to use) the Service. This limitation of liability applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

In particular, Gymti shall not be responsible for any injury or damage to you that may result from your use of or reliance on any workout plan or advice provided by the Service (such as bodily injuries, or damage to personal property during exercise). You expressly agree that Gymti has no responsibility or liability to you related to any exercise, training, or workout plan beyond what is explicitly provided in these Terms.

Cap on Liability: If, notwithstanding the above, Gymti is found liable to you for any claim or cause of action, Gymti's total aggregate liability for all damages, losses, and causes of action will not exceed the greater of: (a) the total amount (if any) you have paid to Gymti for the Service in the six (6) months prior to the event giving rise to liability, or (b) $100 USD (or equivalent in local currency). Because the Service is currently free, this means our liability will be zero or a minimal amount as allowed by law. This limitation is cumulative and will not be increased by the existence of more than one claim.

Exceptions: Some jurisdictions do not allow the exclusion or limitation of liability for certain damages (such as incidental or consequential damages), so some of these limitations may not apply to you. In those jurisdictions, Gymti's liability will be limited to the fullest extent permitted by law.

You acknowledge and agree that the limitations of liability above are a fundamental basis of the bargain and that Gymti would not be able to provide the Service on an economically feasible basis without such limitations.

Indemnification

You agree to defend, indemnify, and hold harmless Gymti, its owners, affiliates, contractors, licensors, and their respective officers, agents, partners, and employees from and against any and all claims, suits, actions, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (1) your use or misuse of the Service; (2) your breach or violation of any of these Terms; (3) your violation of any law or regulation or of any rights of a third party; or (4) any content or information that you provide to Gymti (including any misrepresentation of your health or fitness level). This means you will reimburse Gymti for any losses it suffers or any costs (including legal fees) it incurs because of any claim arising from your conduct.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claim and not to settle any such matter without our prior written consent. You agree to promptly notify Gymti of any third-party claims of which you become aware, and to provide us with reasonable assistance, at your expense, in defending any such claims.

This indemnity obligation will survive any termination of your account or of the Service.

Suspension and Termination

Termination by Gymti: We reserve the right to suspend or terminate your access to Gymti (or portions of the Service) at any time, for any reason, and without advance notice, especially if we believe you have violated these Terms or engaged in conduct that is harmful to us or other users. This includes, but is not limited to, violations of the User Conduct rules, providing false information, or attempting to compromise the security or integrity of the platform. In the event of termination, your right to use the Service will immediately cease, and we may delete your account and all associated data, content, or information. We shall not be liable to you or any third party for termination of your access to the Service.

Your Right to Terminate: You may stop using the Service at any time. You may also delete your account, if a deletion mechanism is provided, or request account deletion through customer support. Termination of your account will be effective once Gymti processes your request, and you will lose access to the Service and any data associated with your account (except to the extent we are required to retain it by law or under our Privacy Policy's data retention rules).

Effect of Termination: Upon termination of your account, we will delete or anonymize your personal data within 30 days, unless we are required by law to retain it for a longer period (for example, to comply with tax, accounting, or legal obligations, or to resolve disputes). Any retained data will be handled in accordance with our Privacy Policy.

Governing Law and Dispute Resolution

Because Gymti is intended for worldwide use, it is difficult to designate one exclusive set of laws. However, to ensure a degree of legal certainty, these Terms and any dispute arising from them or the Service will be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. We will endeavor to comply with any mandatory consumer protection or other laws that apply in the country where you reside if those laws cannot be lawfully overridden by contract.

Jurisdiction: You agree that any dispute or claim arising out of or in connection with these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of the Netherlands unless applicable law in your region requires otherwise. We reserve the right to alternatively use arbitration or other dispute resolution mechanisms as allowed by law, which would be specified in an updated version of these Terms if implemented.

European Union Users: If you are a consumer in the European Union, you may have certain rights to resolve disputes in your home country. These Terms are not intended to limit any rights you have under local consumer laws. If any provision of this Governing Law section is unenforceable under the law of your country of residence, that provision shall be deemed modified or severed to the minimum extent necessary so that the rest of this section remains in effect.

Operator: The Gymti service is currently operated by an individual based in the Netherlands under the trading name "Gymti." Full contact details will be provided upon lawful request, and will be updated publicly once Gymti is incorporated as a legal entity.

Changes to the Terms

Gymti may modify these Terms from time to time. When we do, we will update the "Last Updated" date at the top or bottom of this document and, if the changes are significant, provide a notice via our website or email. It is your responsibility to review the Terms periodically for updates. If you continue to use the Service after the Terms have been updated, you will be deemed to have accepted the changes. If you do not agree to a revised version of the Terms, you must stop using Gymti and, if applicable, cancel your account.

Miscellaneous

Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by law, and the remaining provisions of the Terms will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Gymti.

Assignment: You may not assign or transfer your rights or obligations under these Terms to anyone else without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law or otherwise.

Entire Agreement: These Terms (along with the Privacy Policy and any other legal terms expressly incorporated by reference) constitute the entire agreement between you and Gymti regarding your use of the Service, and supersede any prior agreements between us on the subject matter. Any additional or different terms of service on any other communications from you (e.g., in an email or support ticket) are void and will not have any effect.

No Third-Party Beneficiaries: These Terms are for the benefit of you and Gymti only, and not for the benefit of any third party, except as explicitly stated otherwise in these Terms.

Headings: Section titles in these Terms are for convenience only and have no legal or contractual effect.

Contact Information

If you have any questions, concerns, or feedback about these Terms or the Service, please contact Gymti support. You can reach us by email at [email protected] or through the contact form on our website. We will do our best to respond to your inquiry in a timely manner.

Thank you for reading our Terms of Service. By using Gymti, you acknowledge that you understand and agree to these Terms. We wish you success on your fitness journey and encourage you to train safely and responsibly!