Terms of Use

Provider

Somnia Intelligence GmbH
Joel Sommerer
Wilenstrasse 37, 8832 Wilen bei Wollerau, Schweiz
info@gymfit.app

1. Scope

These Terms of Use govern the relationship between you and the provider regarding your use of the “GymFit” app, the related web offerings and all features they contain (together, “GymFit”).

By downloading, installing or using GymFit you accept these terms. If you do not agree with them, please do not use GymFit.

Deviating or additional terms apply only if we agree to them in writing.

2. What GymFit is

GymFit is a training app: you log workouts, follow training plans, see stats and progress, and can use gamification features such as XP, levels, achievements and a voluntary leaderboard.

If you are a member of a gym that uses GymFit, studio features are added — check-in, occupancy, training plans created by your gym, and membership information.

GymFit is not a gym membership, not a personal-training service and not a medical service.

3. Account and access

You need an account to use GymFit. You can sign in with your Apple ID or your Google account, create your own account with an email address and password, or — as a gym member — use the credentials your gym issued to you.

You must be at least 16 years old to use GymFit. Between the ages of 13 and 16 you may use it only with the consent of your parent or legal guardian; use under the age of 13 is not permitted.

Your details must be accurate. Keep your credentials confidential and do not pass them on. If you suspect unauthorised access, tell us immediately.

Your account is personal. It may not be shared, transferred or sold.

4. Licence to use the app

We grant you a non-exclusive, non-transferable, revocable licence to use GymFit for your personal, non-commercial purposes — on Apple-branded devices that you own or control, and in accordance with the Usage Rules set out in Apple’s App Store Terms of Service.

You may not, in particular: rent, lease, sell, sublicense or otherwise make the app available to third parties; reverse engineer, decompile or disassemble it, except where mandatory law permits; circumvent protective or security measures; or remove copyright notices.

All rights in GymFit, the software, its content, trademarks and design elements remain with us or our licensors. You receive only the licence described above.

5. Gyms and memberships

If you connect your account to a gym, your membership contract remains a contract between you and that gym. We are not a party to it and owe you neither training services nor access to the premises.

Training plans, exercise descriptions, class information and other content provided by your gym are that gym’s responsibility. We do not review this content substantively.

As a member, certain data is visible to your gym so it can manage your membership. Details are set out in the privacy policy.

If your membership ends, gym-related features may no longer be available. Your own training data remains yours.

6. GymFit Plus (paid subscription)

GymFit is free to use. Without an active gym membership you can create one training plan; “GymFit Plus” unlocks unlimited training plans. Every other feature — logging, rest timer, exercise library, stats, body map, gamification and Apple Health — remains available without a subscription. If you are a member of a gym that uses GymFit, unlimited plans are already included and you do not need Plus.

• Length and price: the “GymFit Plus Monthly” subscription runs for one month and costs CHF 4.90 (Switzerland) or EUR 4.99 (Germany, Austria) per month, including applicable VAT.
• Free week: the first week is free. The offer is available once per Apple ID. If you purchase a subscription during the free week, the unused part of it is forfeited.
• Auto-renewal: the subscription renews automatically for a further month unless you cancel at least 24 hours before the end of the current period. Billing occurs within the last 24 hours before the period ends.
• Payment: purchase and billing run through your App Store account with Apple. The amount is charged on confirmation of purchase and at the start of each renewal period.
• Cancellation: you can manage and cancel your subscription at any time in your App Store account settings (iOS: Settings → your name → Subscriptions). We are technically unable to cancel it for you.
• Refunds: refunds are handled by Apple under the App Store terms (reportaproblem.apple.com). We cannot issue refunds ourselves.
• Price changes: we may adjust prices for future billing periods. Apple will notify you in advance; without your consent the subscription will not renew at the new price.
• Scope: Plus applies to the iOS app and is tied to your Apple ID. It does not apply to partner gyms’ web offerings.

If you cancel Plus, training plans you have already created remain and stay usable. However, you will not be able to create new plans while you are above the free limit and have no active gym membership.

7. Important health notice

GymFit is not a medical device and does not replace medical advice, diagnosis or treatment. Training plans, stats, recovery indicators, estimates such as 1RM and all other information in the app are general information — not individual training or health advice.

Before you start training, make sure your health allows the intended effort — particularly if you have pre-existing conditions, injuries, symptoms, are pregnant or take medication. If in doubt, seek medical advice.

You train at your own risk. Use proper technique and appropriate weights. Stop immediately if you experience pain, dizziness, shortness of breath or discomfort, and seek medical help.

Training plans provided by your gym are the responsibility of that gym.

8. Your obligations

When using GymFit you agree not to:

• disrupt or overload the app or our systems, or access them without authorisation;
• extract data by automated means or use interfaces without our consent;
• manipulate results, XP, streaks or leaderboard rankings, or generate them from false entries;
• upload unlawful, offensive or infringing content, or use such content in your profile;
• impersonate another person or use someone else’s account.

In case of serious or repeated breaches we may restrict features, remove leaderboard entries, or suspend or terminate your account.

9. Your content

Content you record in GymFit — such as training data, your own plans, notes and profile details — remains yours. You grant us only the right to store, process and display it as necessary to provide GymFit to you.

If you voluntarily take part in your gym’s leaderboard, the details required for it are visible to other members of that gym. You decide whether to take part and how you are shown, and you can change this at any time.

You confirm that you hold the necessary rights to any content you upload.

10. Availability and changes

We aim to keep GymFit running smoothly but do not guarantee any particular level of availability. Maintenance, technical faults or outages at upstream providers may cause interruptions.

We develop GymFit continuously and may change, add or discontinue features. We will announce material restrictions with reasonable notice where possible and reasonable. Paid services within a current billing period are not affected.

Some features require an internet connection, a current operating system or permissions on your device.

11. Data protection

How we handle your data is set out in the privacy policy at gymfit.app/en/privacy. It forms part of these terms.

We use Apple Health only with your explicit permission. You can revoke access at any time in iOS settings.

12. Liability

We are liable without limitation for damage caused intentionally or through gross negligence, and in all cases where the law does not permit a limitation of liability — in particular for personal injury.

In cases of slight negligence we are liable only for breaches of material contractual obligations, limited to foreseeable damage typical for this type of contract. We are not liable for indirect damage, consequential damage or loss of profit.

For loss of data we are liable only up to the effort that would have been required to restore it had you kept proper and regular backups.

Services, content and training plans provided by a gym, as well as the membership itself, are that gym’s responsibility. We are not liable for injuries or health consequences arising from training undertaken at your own risk, in accordance with section 7.

Mandatory consumer protection provisions at your place of residence remain reserved.

13. Term, termination and deletion

You can stop using GymFit at any time: cancel the subscription in your App Store settings, delete the app and — if you wish — request deletion of your account in the app.

We may terminate the user relationship with 30 days’ notice. In case of serious breaches of these terms we may terminate without notice or suspend the account.

After account deletion, your data is deleted or anonymised in accordance with the privacy policy. Statutory retention obligations remain reserved. Subscription periods already paid for are not refunded pro rata if you cancel.

14. Changes to these terms

We may amend these terms where this is necessary because GymFit has been developed further, or because of changes in the law or case law.

We will inform you of material changes in the app or by email before they take effect. If you continue to use GymFit afterwards, you accept the new version. If you do not agree, you can delete your account and cancel the subscription.

15. Additional terms for Apple

The following applies in addition to the iOS app obtained through the App Store:

• These terms are concluded between you and the provider, not between you and Apple. Apple is not responsible for GymFit or its content.
• The licence in section 4 is limited to Apple-branded devices that you own or control, and applies in accordance with the Usage Rules in Apple’s App Store Terms of Service.
• We alone are responsible for maintenance and support services. Apple has no obligation in this respect.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you if applicable. Beyond that, Apple has no warranty obligation whatsoever; any further claims are our responsibility.
• We, not Apple, are responsible for claims relating to product liability, non-compliance with legal requirements, consumer protection law, or the infringement of third-party rights — including intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a terrorist-supporting country, and that you are not listed on any relevant U.S. prohibited or sanctioned party list.
• Apple and its subsidiaries are third-party beneficiaries of these terms and are entitled to enforce them against you.

16. Governing law and jurisdiction

These terms are governed by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.

The place of jurisdiction is the registered seat of the provider, unless a mandatory statutory place of jurisdiction applies. As a consumer resident in the EU you may additionally rely on the mandatory provisions of your country of residence and bring proceedings there.

If any provision of these terms is invalid, the remaining provisions stay in force. The invalid provision is replaced by one that comes closest to its economic purpose.