GymBros

TERMS OF USE FOR GYMBROS

Last Updated: April 19, 2023

  • Welcome to GymBros, your premier destination for a gamified social fitness experience that's designed not just to enhance your workout routine but to connect you with a supportive community passionate about fitness. GymBros Inc. ("we," "us," or "our") proudly provides this innovative platform, accessible via the GymBros mobile application ("GymBros", "App"), website, and services (collectively referred to as the "Service"), headquartered in Quebec, Canada.
  • 1. Acceptance of Terms and ConditionsBy engaging with our Service in any capacity—whether that's creating an account, browsing our content, or actively participating in our community—you're affirming your acceptance of these Terms of Use ("Terms") alongside our Privacy Policy. It's important that you read these Terms carefully to understand your rights and responsibilities. If for any reason you find yourself unable to agree with these Terms, we must ask that you refrain from using the Service. Our goal is to foster a welcoming, empowering environment for all our users, and adherence to these Terms helps us ensure that GymBros remains a positive space for everyone involved. You acknowledge that the Service is not available to individuals younger than 13 years of age. Furthermore, if you have not reached the age of majority as defined within your jurisdiction, typically 18 years of age, it is required that your parent or legal guardian reviews these Terms and provides their explicit agreement on your behalf. By proceeding with the use of GymBros, you warrant that you satisfy the minimum age criterion and, where applicable, have procured the requisite consent from your parent or legal guardian. In the event of account registration, you undertake to supply information that is both truthful and exhaustive, including but not limited to your email, username, and password. The responsibility to safeguard the confidentiality of your account details and password rests solely with you, as does the liability for all activities conducted under your account. Should you represent an organization or entity, you declare that you possess the necessary authority to legally bind said organization to these Terms, including any future amendments thereto.
  • 2. Modifications to the Terms of UseGymBros expressly reserves the unilateral right to update, alter, or otherwise modify these Terms of Use at any given time, according to our sole discretion. The essence of such modifications may stem from our continuous efforts to improve the Service, respond to changing legal or operational requirements, or other reasons deemed necessary by us. Upon instituting any significant amendments to these Terms, we commit to providing you with appropriate notice, which may include direct communication or posting details of the changes within the Service itself. Where the law mandates, we will seek your explicit consent to the updated Terms. Your decision to continue accessing and using the Service subsequent to any such notifications or postings will be interpreted as your definitive acceptance of the updated or revised Terms. As a user of GymBros, you bear the responsibility to regularly review the Terms to ensure awareness of any modifications. Failure to review the posted Terms does not negate their binding effect upon you, provided that changes have been made available within the Service and adequate notice has been given. Should you find any updated Terms unacceptable, you are free to discontinue your use of the Service. Your continued engagement with the Service following the posting of changes will confirm your acceptance of those changes.
  • 3. Service Use and RestrictionsGymBros is designed to foster personal growth and community engagement within a non-commercial context. Accordingly, GymBros extends to you a limited, revocable, and non-exclusive license permitting access and use of the Service strictly for its designated purposes. This includes personal fitness tracking, participation in fitness-related social interactions, and the utilization of our content and resources aimed at achieving your fitness goals. It is imperative that your engagement with the Service adheres to these Terms. The scope of 'Intended Purposes' explicitly excludes any activities that could potentially disrupt the Service’s operation. This encompasses, but is not limited to, interference with our Service infrastructure, employing bots or any automated means to access the Service, and any other forms of misuse as detailed within our Prohibited Conduct guidelines. Your compliance with these specifications ensures a secure, constructive environment for all users.
  • 4. User Accounts and SecurityUpon registering for an account with GymBros, it is your obligation to furnish information that is both precise and comprehensive. The integrity and security of your account hinge upon the accuracy and timeliness of the information provided during the registration process, as well as any subsequent updates to your account details. You bear the sole responsibility for safeguarding the confidentiality of your account credentials, including your password. Implementing robust password practices—such as the utilization of strong, unique passwords and routine updates—is strongly advised to fortify the security of your account. In the event of any unauthorized access or a security compromise pertaining to your account, immediate notification to GymBros is required. This enables us to take swift action to protect your account and the Service’s integrity.
  • 5. User Content and ConductAs a valued member of the GymBros community, you are encouraged to share your journey through content such as photos, comments, links, and other materials ("User Content"). It is important to remember that you maintain ownership of, and are fully responsible for, the User Content you post on our Service. In the spirit of fostering a respectful and positive community, we ask that you adhere to the following guidelines regarding your User Content: (i) Lawful and Respectful Content: Ensure that your posts do not contain material that is unlawful, libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or fraudulent. (ii) No Unsolicited Materials: Refrain from posting unauthorized or unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation. (iii) Safe and Secure: Do not upload content that harbors viruses or any detrimental computer code aimed at disrupting the functionality of, or access to, the Service or others' devices. (iv) Respect for Intellectual Property: Be mindful not to infringe on the intellectual property rights of others with the content you choose to share. While GymBros reserves the right to monitor and manage User Content to ensure compliance with these Terms, we strive to respect your voice and do not take responsibility for user-generated content. However, we will act to address content that violates these guidelines.
  • 6. Friend Requests and InteractionsYou may send and receive friend requests, accept friend requests, and interact with friends on the App, including viewing friends' past posts and your own lifetime posts, as well as liking, commenting on, and replying to posts.
  • 7. Data Collection and UsageGymBros collects data in connection with each post, including image posted, the time of the post, and optional data such as duration, personal exercise notes. By using the App, you consent to our collection and use of this data in accordance with our Privacy Policy.
  • 8. Intellectual PropertyThe App and its content, features, and functionality are owned by GymBros and are protected by Canadian and international copyright, trademark, and other intellectual property laws. You agree not to copy, reproduce, distribute, or create derivative works based on the App without the express written consent of GymBros.
  • 9. Reporting and Moderation:We are committed to maintaining the integrity of our Service and may moderate User Content to align with our Terms. If you believe any content violates our guidelines or infringes upon your rights, we encourage you to use our designated reporting mechanisms in app, or by contacting us. Our aim is to ensure a transparent process that includes review and, if necessary, an appeals process.
  • 10. Payment ProcessorsIn GymBros, all financial transactions related to the Service are facilitated through third-party payment processors, adhering to their respective terms of service, privacy policies, and any relevant payment terms and conditions. It is highly recommended that you acquaint yourself with the practices and policies of these third-party entities. GymBros assumes no liability for the conduct or performance of any third-party payment processor, including, but not limited to, instances of system downtime or interruptions in payment services. We entrust these transactions to established third-party providers to ensure a secure and efficient payment experience for our users, yet we underscore the importance of reviewing third-party terms to understand fully your rights and obligations within such transactions.
  • 11. Third-Party Links, Sites, and ServicesGymBros's Service may feature links to websites, services, special offers, or other events or activities that are not owned, managed, or controlled by GymBros. These links are provided for convenience and for the potential value they may offer to our users. However, our inclusion of such links does not imply endorsement or any form of responsibility for the content, policies, or practices of these third-party entities. When you choose to interact with or access any third-party website, service, or content via GymBros, please be aware that our Terms and Conditions and Privacy Policy no longer govern. Your engagement with these third-party entities is at your own risk, and we advise you to review their terms and policies to ensure you understand how your data and rights will be handled. GymBros disclaims any and all liability related to your use of third-party websites, services, or content, and the potential risks or damages that may arise from such interactions.
  • 12. In-App Purchases and CurrencyWithin GymBros, you are presented with the opportunity to make purchases using "real world" currency. These purchases grant you a limited, personal, non-transferable, non-sublicensable, revocable license to access (a) "virtual currency," such as but not limited to "Eggs," exclusively for use within the Service, and (b) "virtual in-app items" (collectively referred to as "Virtual Items"). The procurement of Virtual Items is confined to the Service and is not permissible through any external means. GymBros reserves the right to manage, regulate, control, modify, or eliminate Virtual Items at any point, with or without prior notification. We may also, at our sole discretion, revise the pricing of Virtual Items or introduce new items subject to additional fees without notice. In exercising these rights, GymBros assumes no liability towards you or any third party. The transfer of Virtual Items is strictly prohibited unless explicitly authorized within the Service. You are not permitted to sell, redeem, or otherwise transfer Virtual Items to any individual or entity, including but not limited to GymBros itself, other users, or any third party, except as expressly allowed within the Service. You agree to bear responsibility for all fees and applicable taxes incurred through purchases made via a GymBros account registered in your name. GymBros reserves the right to modify pricing for goods and services offered through the Service at any moment. It is your obligation to ensure that all information provided in connection with a purchase or transaction or other monetary interaction with the Service is accurate, complete, and current. You also agree to cover all charges incurred by the use of your payment method at the prevailing prices when such charges were made, along with any related taxes.
  • 13. Governing Law and JurisdictionThe Terms of Use governing your interaction with GymBros, including but not limited to the usage of our Service and any in-app purchases, are subject to the laws of Quebec, Canada. In the event of any dispute arising from or related to these Terms, such matters shall be exclusively resolved under the jurisdiction of the provincial and federal courts situated in Quebec. By engaging with the GymBros platform, you unequivocally consent to the jurisdiction and venue of these courts for the adjudication of any such disputes.
  • 14. TerminationGymBros reserves the right to terminate or suspend your access to our Service, without prior notice or liability, for any breach of these Terms. Such actions are taken to preserve the integrity of our platform and the safety of our users.
  • 15. Disclaimer and Limitation of LiabilityThe Service provided by GymBros is available "as is" and "as available," without any warranty, either expressed or implied, regarding its reliability, stability, or the content therein. GymBros, including its affiliates, shall not be held liable for any direct, indirect, incidental, or consequential damages arising from your use of the Service, including, but not limited to, losses incurred due to data loss or lost profitability.
  • 16. IndemnityYou agree to defend, indemnify, and hold harmless GymBros, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the App; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, trademark, or privacy right; or (iv) any claim that your User Content caused damage to a third party.
  • ENTIRE AGREEMENTThese Terms, together with the Privacy Policy, constitute the entire agreement between you and GymBros concerning your use of the App and supersede any prior agreements between you and GymBros with respect to the App.
  • CONTACTIf you have any questions or concerns about these Terms or your use of the App, please contact us at: support@getgymbros.com
    We are committed to being responsive to your questions and concerns about our Terms and your rights as a user. We will respond to your requests in a timely manner, in accordance with applicable laws and regulations.
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