Gymary Terms and Conditions

Effective Date: May 2026 | Last Updated: May 2026
Version 1.0

Please read these Terms and Conditions ("Terms") carefully before using Gymary (the "App") or any associated services provided by Gymary ("we," "our," or "us"). These Terms constitute a legally binding agreement between you and Gymary. By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Acceptance and Eligibility

By using Gymary, you represent and warrant that:

  • You are at least 13 years of age (or 16 years of age if you are located in the European Union or Spain).
  • You have the legal capacity to enter into a binding agreement under the laws of your jurisdiction.
  • If you are between 13 and 17 years of age (or the applicable minor age in your jurisdiction), you have obtained parental or guardian consent to use the App.
  • Your use of the App complies with all applicable laws and regulations in your jurisdiction.

2. Description of Services

Gymary provides a fitness tracking and coaching mobile application that includes:

  • Workout logging and tracking (sets, reps, weights, routines).
  • Nutrition logging and calorie/macronutrient tracking.
  • Body metrics and measurement tracking.
  • AI-powered coaching, meal recognition, and workout generation.
  • Visual analytics, progress charts, and performance history.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will endeavour to provide reasonable notice of material changes.

3. Account Registration and Security

To use the core features of Gymary, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration.
  • Maintain the security of your account credentials and not share them with third parties.
  • Promptly notify us at gymary.app@gmail.com of any unauthorised use of your account.
  • Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that violate these Terms, contain false information, or are used for fraudulent purposes.

4. Subscriptions and Payments

4.1 Free Tier

Gymary offers a free tier that includes core workout tracking features with advertising. Free-tier users may have access to limited AI features.

4.2 Premium Subscription

A Premium Subscription removes advertising and unlocks advanced AI features. By purchasing a Premium Subscription, you agree to:

  • Pay the applicable subscription fee as displayed at the time of purchase.
  • Recurring billing: Subscriptions automatically renew at the end of each billing period (monthly or annual, as selected) unless cancelled before the renewal date.
  • All payments are processed by Apple App Store or Google Play. You must comply with the payment terms of the relevant app store.

4.3 Cancellation

You may cancel your subscription at any time through your Apple App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period; you will continue to have access to Premium features until that date. We do not provide refunds for partial subscription periods except where required by applicable law (see Section 4.4).

4.4 Refunds

Refund rights depend on your jurisdiction:

  • EU / Spain: Under EU Directive 2011/83/EU and Spanish Real Decreto Legislativo 1/2007, you have a 14-day right of withdrawal from the date of purchase, unless you have already begun using the digital service and waived this right. If you begin using Premium features immediately, you acknowledge that the right of withdrawal may not apply.
  • US (California): Refunds are subject to Apple App Store or Google Play policies. We comply with applicable California consumer protection law.
  • LATAM: Refund rights are governed by applicable local consumer protection laws. Contact gymary.app@gmail.com for refund requests.

4.5 Price Changes

We reserve the right to change subscription prices. We will notify you of price changes at least 30 days before the change takes effect. Your continued use of the Premium Subscription after the effective date constitutes acceptance of the new price.

5. Health and Fitness Disclaimer

IMPORTANT — PLEASE READ CAREFULLY.

  • Gymary is a fitness tracking tool and is not a medical device, healthcare provider, or substitute for professional medical advice, diagnosis, or treatment.
  • The App and AI Coach provide general fitness and nutritional information for informational purposes only.
  • Nothing in the App constitutes medical advice. Always consult a qualified healthcare professional before starting any new exercise or nutrition programme, particularly if you have any pre-existing medical conditions, injuries, or health concerns.
  • Calorie and nutritional estimates generated by AI-powered features are approximations and should not be relied upon as precise medical or dietary guidance.
  • We are not responsible for any injury, illness, adverse health outcome, or other harm arising from your use of the App or reliance on information provided within it.

6. Acceptable Use Policy

You agree not to use Gymary to:

  • Violate any applicable local, national, or international law or regulation.
  • Upload, transmit, or share content that is unlawful, defamatory, obscene, fraudulent, or harmful to others.
  • Attempt to gain unauthorised access to the App, its servers, or any related systems.
  • Engage in reverse engineering, decompiling, or disassembling any part of the App.
  • Use the App to scrape, harvest, or collect data from other users.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Use automated tools (bots, scrapers) to access or interact with the App.

We reserve the right to suspend or terminate your account if you breach this Acceptable Use Policy.

7. Intellectual Property

All intellectual property rights in the App, including but not limited to software code, design, graphics, logos, and content created by Gymary, are owned by or licensed to Gymary. Nothing in these Terms grants you any right, title, or interest in the App beyond a limited, non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial purposes in accordance with these Terms.

You retain ownership of all content you submit to the App (workout logs, photos, personal data). By submitting content, you grant us a limited licence to process and store that content solely to provide the Services to you.

8. Third-Party Services and Links

The App integrates third-party services (e.g., Supabase, Google AdMob, AI providers, Apple/Google payment systems). Your use of these third-party services is governed by their respective terms and privacy policies. We are not responsible for the practices or content of third-party services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  • GYMARY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO GYMARY IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) €100 / $100 USD / £100.

Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited by applicable law (including rights under applicable consumer protection legislation).

For EU/Spain users: Nothing in these Terms affects your statutory rights as a consumer under applicable EU Directives and Spanish law, including Directive 2019/770 on contracts for digital content and services.

10. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Gymary and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: (a) your use of the App; (b) your violation of these Terms; or (c) your violation of any third-party rights.

11. Governing Law and Dispute Resolution

11.1 General

These Terms shall be governed by and construed in accordance with applicable law depending on your location, as specified below. The foregoing does not deprive you of any mandatory consumer protection rights in your jurisdiction.

11.2 EU / Spain Users

For users located in the European Union or Spain, these Terms are governed by Spanish law. Any dispute shall be subject to the jurisdiction of the courts of Spain, without prejudice to your rights as a consumer to bring proceedings in the courts of your country of domicile. EU online dispute resolution: https://ec.europa.eu/consumers/odr

11.3 United States Users

For US users, these Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any dispute that cannot be resolved amicably shall be submitted to binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. This arbitration provision does not apply to California users to the extent California law prohibits mandatory arbitration of consumer disputes.

11.4 Latin America Users

For users in Latin America, these Terms are governed by the laws of Spain as a neutral jurisdiction, without prejudice to any mandatory consumer protection provisions applicable in your country of residence.

12. Termination

We may suspend or terminate your access to the App at any time, with or without cause, with or without notice, effective immediately, including if we reasonably believe you have violated these Terms. Upon termination:

  • Your right to use the App will cease immediately.
  • You may request deletion of your data as set out in our Privacy Policy.
  • Sections that by their nature should survive termination (including Sections 7, 9, 10, 11, and 13) shall survive.

You may terminate your account at any time by using the account deletion feature at https://gymary.fit/delete-account or contacting gymary.app@gmail.com.

13. Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date and, where required, providing notice within the App or by email. Your continued use of the App after the effective date of the revised Terms constitutes your acceptance. If you do not agree with the changes, you must stop using the App and may request account deletion.

14. Miscellaneous

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gymary with respect to your use of the App.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
  • Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
  • Language: These Terms were originally drafted in English. In case of conflict between the English version and any translation, the English version shall prevail, to the extent permitted by applicable law.

15. Contact Information

For any questions or concerns regarding these Terms:

For EU/Spain users who wish to file a complaint, you may contact consumer authorities in your country of residence. In Spain: Agencia Española de Consumo, Seguridad Alimentaria y Nutrición (AECOSAN).