gymsense

1. Definitions

• "Gymsense," "we," "our," or "us" refers to Gymsense and its affiliates
• "Services" refers to the Gymsense Pro App, Member App, and related services
• "Gym" refers to a fitness business using Gymsense Pro
• "Member" or "Customer" refers to an individual using the Member App or transacting with a Gym
• "User" refers to anyone using our Services

2. Eligibility

To use Gymsense, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable law

3. Account Registration

3.1 Account Creation

You may create an account using phone verification. You agree to:

• Provide accurate and complete information
• Keep your account credentials secure
• Notify us immediately of any unauthorized access
• Accept responsibility for all activity under your account

3.2 One Account Per Person

You may only create one account. If your account is terminated, you may not create a new account without our permission.

4. Gymsense Services

4.1 For Gym Owners (Pro App)

The Pro App allows gym owners and staff to:

• Manage customer accounts and check-ins
• Schedule personal training sessions
• Process payments
• Sell memberships, PT packages, and guest passes

4.2 For Members (Member App)

The Member App allows gym members to:

• Check in to the gym
• View and book personal training sessions
• Manage payment methods
• View membership status and purchase history

4.3 Service Availability

We strive to maintain reliable uptime but do not guarantee uninterrupted service. We may temporarily suspend service for maintenance, updates, or circumstances beyond our control.

5. Payments and Billing

5.1 Payment Processing

All payments are processed by third-party payment processors. When you make a payment:

• You authorize the payment processor to charge your payment method
• Your payment goes to the Gym
• Gymsense may receive a platform fee from the transaction

5.2 Gym Pricing

Gyms set their own prices for memberships, sessions, and products. Gymsense is not responsible for pricing decisions made by gyms.

5.3 Refunds

Refund policies are determined by each Gym. Contact your Gym directly for refund requests. Gymsense does not process refunds on behalf of gyms unless required by law.

5.4 Subscriptions

If you purchase a recurring membership:

• Your payment method will be charged automatically each billing period
• You may cancel at any time through the app or by contacting your Gym
• Cancellation takes effect at the end of the current billing period

6. Acceptable Use

You agree NOT to:

• Use the Services for any unlawful purpose
• Impersonate another person or entity
• Share your account credentials with others
• Attempt to access accounts or data not belonging to you
• Interfere with or disrupt the Services
• Reverse engineer, decompile, or disassemble the app
• Use automated tools to access the Services (bots, scrapers)
• Harass, threaten, or abuse other users or gym staff
• Submit false or fraudulent payment information

7. Intellectual Property

7.1 Our Rights

Gymsense owns all rights to the Services, including the app design, code, trademarks, and content. You may not copy, modify, or distribute any part of our Services without permission.

7.2 Your Content

You retain ownership of any content you submit (e.g., profile information). By submitting content, you grant Gymsense a license to use it to provide the Services.

8. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using Gymsense, you agree to our Privacy Policy.

9. Disclaimers

9.1 "As Is" Service

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Gym Relationships

Gymsense is a technology platform. We are not:

• A party to agreements between you and your Gym
• Responsible for the quality of gym services or facilities
• Liable for injuries occurring at gyms
• Responsible for disputes between members and gyms

9.3 Third-Party Services

We integrate with third-party services for payments, communications, and other functionality. We are not responsible for their availability, performance, or policies.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• GYMSENSE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO GYMSENSE (NOT YOUR GYM) IN THE PAST 12 MONTHS, OR $100, WHICHEVER IS GREATER
• WE ARE NOT LIABLE FOR LOSSES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT IF YOU FAILED TO KEEP YOUR CREDENTIALS SECURE

11. Indemnification

You agree to indemnify and hold harmless Gymsense, its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights

12. Termination

12.1 By You

You may stop using Gymsense at any time. To delete your account, contact us at support@gymsense.io or use the in-app settings.

12.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent activity
• Pose a risk to other users or our Services

12.3 Effect of Termination

Upon termination:

• Your right to use the Services ends immediately
• Active subscriptions with gyms may continue based on their terms
• We may retain certain data as required by law

13. Dispute Resolution

13.1 Informal Resolution

Before filing a formal dispute, please contact us at support@gymsense.io. We'll try to resolve the issue within 30 days.

13.2 Governing Law

These Terms are governed by the laws of the State of North Carolina, United States, without regard to conflict of law principles.

13.3 Arbitration

Any disputes that cannot be resolved informally will be settled by binding arbitration under the rules of the American Arbitration Association. You waive the right to participate in class actions.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting a notice in the app
• Sending you a notification
• Updating the "Last Updated" date

Continued use after changes constitutes acceptance of the new Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gymsense.

15.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

15.3 No Waiver

Failure to enforce any provision does not waive our right to enforce it later.

15.4 Assignment

You may not assign your rights under these Terms. We may assign our rights without restriction.

16. Apple App Store Terms

The following terms apply specifically to users who access Gymsense through Apple's App Store:

16.1 Acknowledgement

You acknowledge that these Terms are between you and Gymsense only, and not with Apple Inc. ("Apple"). Gymsense, not Apple, is solely responsible for the Gymsense apps and their content.

16.2 Scope of License

The license granted to you for the Gymsense apps is a limited, non-transferable license to use the apps on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

16.3 Maintenance and Support

Gymsense is solely responsible for providing any maintenance and support services for the apps. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the apps.

16.4 Warranty

Gymsense is solely responsible for any product warranties, whether express or implied by law. In the event of any failure of the apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the apps, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Gymsense's sole responsibility.

16.5 Product Claims

You acknowledge that Gymsense, not Apple, is responsible for addressing any claims you or any third party may have relating to the apps or your possession and/or use of the apps, including but not limited to: (i) product liability claims; (ii) any claim that the apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

16.6 Intellectual Property Claims

In the event of any third-party claim that the apps or your possession and use of the apps infringes that third party's intellectual property rights, Gymsense, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

16.7 Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

16.8 Third-Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

16.9 Third-Party Terms

You must comply with applicable third-party terms of agreement when using the apps (e.g., your wireless data service agreement).

17. Contact Us

If you have questions about these Terms, contact us at:

• Developer: Brian Laton
• Email: support@gymsense.io
• Website: gymsense.io