Terms of Use

1. Eligibility

1.1 The Services are intended solely for individuals who are 18 years of age or older. By using the Services, you represent and warrant that you meet this requirement.

1.2 The Services are made available worldwide, subject to compliance with applicable laws in your jurisdiction.

2. Accounts and Access

2.1 Certain features of the Services require the creation of a user account. You may create an account using your email address or by signing in with a third-party provider (Google or Apple). You agree to provide accurate, complete, and current information when creating an account.

2.2 You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. You must notify us immediately at contact@gymbers.com if you suspect unauthorized access to your account.

2.3 Gymbers reserves the right, in its sole discretion, to suspend, restrict, or terminate access to your account at any time and without prior notice if you violate these Terms.

2.4 Accounts that remain unverified (email not confirmed) may be automatically deleted after 24 hours.

3. Subscriptions and Payments

3.1 Gymbers offers both free and paid Services, including but not limited to premium subscriptions and workout programs.

3.2 Payments are processed through third-party providers, including Apple (App Store), Google (Play Store), and Stripe. By making a payment, you agree to comply with the applicable terms of the respective payment provider. Gymbers does not store your payment card details.

3.3 In accordance with EU consumer law, you are entitled to a 14-day withdrawal right from the date of purchase. To exercise this right, contact us at contact@gymbers.com. Refund requests beyond this statutory period shall be subject to Gymbers' sole discretion.

3.4 Subscriptions will automatically renew unless canceled prior to the renewal date. You may manage or cancel subscriptions through your account settings or the respective app store.

3.5 Gymbers may offer a lifetime membership option ("Gymbers Pro Forever" or similar). "Lifetime" refers to the lifetime of the Service, not the lifetime of the user. While we make every effort to ensure continued operation of the Services, we cannot guarantee indefinite future access. See also the Disclaimer of Warranties and Limitation of Liability sections of these Terms.

3.6 Free trials may be offered for the App. At the end of the trial period, charges will apply unless canceled in accordance with the applicable instructions.

4. Intellectual Property

4.1 All content made available through the Services, including but not limited to articles, workout programs, exercise videos, graphics, trademarks, logos, and software, is the sole property of Gymbers or its licensors and is protected by copyright, trademark, and other intellectual property laws.

4.2 You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes.

4.3 Any reproduction, distribution, modification, reverse engineering, or commercial exploitation of Gymbers' content without prior written consent is strictly prohibited. This includes, but is not limited to, copying or downloading workout programs, exercise videos, nutrition data, and any other content made available through the Services.

5. User-Generated Content

5.1 Users may upload, post, or share content, including but not limited to photos, progress updates, comments, custom exercises, and workout logs ("User Content").

5.2 You retain ownership of your User Content. However, by posting or uploading content to the Services, you grant Gymbers a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such content within the Services for the purpose of operating and providing the Services.

5.3 Should you expressly consent, Gymbers may also share your User Content (such as progress photos or personal records) on the Website or in promotional materials.

5.4 Gymbers reserves the right to remove or restrict access to User Content at any time and for any reason, including violations of these Terms.

5.5 You represent and warrant that you have all necessary rights to the User Content you submit, and that your User Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party.

6. Community Guidelines

6.1 Gymbers may host official communities on third-party platforms (e.g., Discord, Facebook, X). Participation in such communities is subject both to these Terms and to the terms of the respective platforms.

6.2 You agree not to engage in any of the following:

• Harassment, hate speech, abuse, or threats
• Posting or promoting illegal content or activity
• Medical or health advice beyond personal experience
• Spam, advertising, or solicitation without authorization

6.3 Gymbers reserves the right, at its sole discretion, to suspend or permanently ban users from its communities without prior notice.

7. Health Disclaimer and Limitation of Liability

7.1 The Services are provided for informational and educational purposes only and do not constitute medical, nutritional, or health advice.

7.2 You acknowledge that participation in fitness activities involves inherent risks, including but not limited to injury, illness, or death.

7.3 You agree to consult a qualified healthcare professional before beginning any exercise or nutrition program, or before making decisions based on data provided by the Services.

7.4 The Services may allow you to sync fitness and health data with third-party health platforms (Apple Health on iOS, Google Health Connect on Android). This synchronization is provided for your convenience only. Gymbers does not guarantee the accuracy, completeness, or timeliness of synced data and is not liable for any discrepancies between data in Gymbers and data in the third-party health platform.

7.5 Nutrition information provided through the Services, including data sourced from third-party food databases, is for informational purposes only and may not be fully accurate. You should not rely solely on this data for dietary or medical decisions.

7.6 To the fullest extent permitted by law, Gymbers disclaims all liability for any injury, loss, or damages arising from your use of the Services, including but not limited to reliance on workout programs, exercise instructions, meal plans, diet recommendations, nutrition data, calorie or macronutrient calculations, health platform synchronization, or any other content provided through the Services.

8. Data and Privacy

8.1 By using the Services, you acknowledge that Gymbers will collect and process personal data, including but not limited to account information, workout history, body measurements, nutrition data, and other health-related data, in accordance with applicable data protection laws and our Privacy Policy.

8.2 You may delete your account at any time through the App settings. Upon account deletion, Gymbers will permanently erase your personal data, except where retention is required by law (e.g., transaction records for accounting purposes).

8.3 You may export your personal data at any time, as described in our Privacy Policy.

8.4 Further details on data collection, processing, and your rights are set forth in the Gymbers Privacy Policy, available at gymbers.com/privacy-policy.

9. Prohibited Conduct

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law
• Attempt to gain unauthorized access to other user accounts, Gymbers systems, or data
• Interfere with or disrupt the Services, servers, or networks connected to the Services
• Use automated tools, bots, or scrapers to access or collect data from the Services without prior written consent
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Upload or transmit viruses, malware, or other harmful code

10. Termination

10.1 Gymbers may, at its sole discretion and without notice, suspend or terminate your account or access to the Services if you violate these Terms or engage in conduct that Gymbers deems harmful to the Services or other users.

10.2 Users may terminate their account at any time through the App settings. Termination of your account does not relieve you of any obligations incurred prior to termination, including any outstanding payment obligations.

10.3 Upon termination, your right to use the Services ceases immediately. Sections of these Terms that by their nature should survive termination (including Intellectual Property, Limitation of Liability, and Governing Law) shall survive.

11. Disclaimer of Warranties

11.1 The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 Gymbers does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

11.3 Gymbers reserves the right to modify, update, or remove any features or functionality of the Services at any time, including through over-the-air updates, without prior notice. Gymbers is not liable for any changes to, suspension of, or discontinuation of any feature or functionality of the Services.

12. Governing Law and Jurisdiction

12.1 These Terms shall be governed by and construed in accordance with the laws of the European Union and the Federal Republic of Germany, without regard to its conflict of law principles.

12.2 The courts of Munich, Germany shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms, unless mandatory consumer protection laws in your jurisdiction provide otherwise.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and Gymbers regarding the Services and supersede any prior agreements.

14. Amendments

14.1 Gymbers reserves the right to amend or update these Terms at any time. We will update the "Last Updated" date at the top of this page.

14.2 For material changes, users will be notified through the App or via email. Continued use of the Services following such notice shall constitute acceptance of the revised Terms.

15. Contact Information

For questions or concerns regarding these Terms, please contact us at:

Gymbers
Flintsbacher Str. 3, 80686 Munich, Germany
Email: contact@gymbers.com