Last Updated March 26, 2023
Welcome to Gymbile! These Terms of Use ("Terms") govern your access to and use of our website, mobile application, and services (collectively, the "Services") provided by GYMBILE LIMITED, a company registered in the United Kingdom with company number 14759163 and registered office at Unit 82a James Carter Road, Mildenhall, Bury St. Edmunds, England, IP28 7DE ("Gymbile", "Service", "we", "us" or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Services.
You must be at least 18 years old to access or use the Services. By accessing or using the Services, you represent and warrant that you meet this age requirement.
To use certain features of the Services, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.
You agree to use the Services only for lawful purposes and in compliance with these Terms and any applicable laws, regulations, or guidelines. You are responsible for any content you submit, post, or share through the Services.
For the purposes of these Terms of Service, the following definitions apply:
A "Personal Trainer" ("Trainer", "PT") is an individual or entity registered with Gymbile who offers professional fitness training services, including, but not limited to, individual sessions, group classes, and training packages, to clients through the Gymbile platform. Personal Trainers are responsible for creating and managing their profiles, setting their availability, pricing, and the types of training they offer. They are also responsible for providing high-quality services to their clients in accordance with the standards set forth by Gymbile and any applicable laws, regulations, and certifications. Personal Trainers are not employees of Gymbile and are solely responsible for their own actions and the actions of their clients. Gymbile is not responsible for the actions of Personal Trainers or their clients. Gymbile does not endorse any Personal Trainers or their services. Gymbile does not guarantee the quality of any Personal Trainers or their services, the safety of any Personal Trainers or their services, the accuracy of any information provided by Personal Trainers or their clients, the availability of any Personal Trainers or their services, the results of any Personal Trainers or their services, the suitability of any Personal Trainers or their services, the legality of any Personal Trainers or their services, the accuracy of any Personal Trainers or their services.
A "Client" (also a "Member", "Club member") is an individual or entity registered with Gymbile who seeks to utilize the services of Personal Trainers available on the Gymbile platform. Clients are responsible for selecting a Personal Trainer, booking sessions or packages, and providing accurate and complete information about their fitness goals, preferences, and any relevant medical conditions. Clients are also expected to adhere to Gymbile's guidelines for respectful and responsible conduct during their interactions with Personal Trainers. Clients are not employees of Gymbile and are solely responsible for their own actions and the actions of their Personal Trainers. Gymbile is not a party to any agreement between a Client and a Personal Trainer. Gymbile does not endorse any Clients or their use of Personal Trainers.
By using Gymbile's services, you agree that you fall under one of these categories and will abide by the respective roles and responsibilities outlined for Personal Trainers and Clients.
Gymbile is committed to providing a platform that facilitates a positive and secure fitness experience for both clients and personal trainers. However, Gymbile is not responsible for any injuries or damages sustained by clients or personal trainers during or as a result of online sessions conducted through the platform.
By using Gymbile's services, both clients and personal trainers acknowledge and agree to the following:
All content on the Services, including but not limited to text, images, graphics, logos, and software, is the property of Gymbile or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or otherwise use any content without our written consent.
Subject to your compliance with these Terms, Gymbile grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services. If you are a personal trainer, you may use the Services for your commercial purposes, provided you do so in accordance with all applicable laws, rules, and regulations. If you are not a personal trainer, you may use the Services for your personal, non-commercial use.
You agree not to engage in any activity that may harm the Services or other users, including but not limited to uploading viruses or malicious code, attempting to gain unauthorized access to the Services or user accounts, or violating any applicable laws or regulations.
The Services may contain links to third-party websites, products, or services. Gymbile is not responsible for the content, policies, or practices of such third parties. You are solely responsible for reading and understanding the terms and conditions and privacy policy of any third-party website, product, or service that you access through the Services.
To provide a secure and trustworthy experience for both clients and personal trainers, Gymbile uses an escrow service for processing payments related to training sessions and packages.
When a client books a session or package with a personal trainer, the client's payment is held in a secure escrow account managed by Gymbile or a designated third-party service. Upon the completion of the service, the client will have an opportunity to confirm their satisfaction with the service provided. If the client confirms their satisfaction, the funds will be released from the escrow account to the personal trainer. In the event the client is not satisfied with the service or does not respond within the specified time frame, Gymbile reserves the right to intervene and mediate any disputes or issues between the client and the personal trainer. Depending on the outcome, Gymbile may release the funds to the personal trainer, refund the client, or hold the funds until a resolution is reached. By using Gymbile's services, you agree to the use of the escrow system and authorize Gymbile or its designated third-party service to hold, disburse, and settle funds on your behalf.
The Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Gymbile makes no warranty that the Services will be available, secure, or error free or that the information on the Services will be accurate, complete, or current. Gymbile makes no warranty that the Services will meet your requirements or that the Services will be available on an uninterrupted, secure, or error-free basis. Gymbile makes no warranty regarding the quality of any products, services, or information purchased or obtained through the Services or the accuracy, timeliness, truthfulness, completeness, or reliability of any information obtained through the Services. No advice or information, whether oral or written, obtained from Gymbile or through the Services will create any warranty not expressly made herein.
To the extent permitted by law, Gymbile and its affiliates, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your access to or use of the Services. Gymbile shall not be liable for any damages resulting from any products, services, or information purchased or obtained through the Services or any transactions entered into through the Services. Gymbile shall not be liable for any damages resulting from any content or information posted by any user of the Services or any defamatory, offensive, or illegal conduct of any third party. In no event shall Gymbile's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using the Services.
You agree to indemnify, defend, and hold harmless Gymbile and its affiliates, directors, employees, and agents from and against any and all claims, damages, losses, or expenses, including reasonable attorney's fees, arising out of or in connection with your access to or use of the Services, your violation of these Terms, or your infringement of any third-party rights, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Gymbile reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Gymbile in asserting any available defenses. This indemnification obligation will survive the termination or expiration of these Terms or your access to or use of the Services.
Gymbile may terminate or suspend your access to the Services at any time, with or without cause or notice, including but not limited to if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, your right to access or use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You may terminate your account at any time by contacting us at terminate@gymbile.com and requesting that your account be terminated. Upon termination, your account will be deactivated and you will no longer be able to access the Services.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. You agree that any legal action or proceeding between you and Gymbile shall be brought exclusively in the courts of England and Wales.
You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). You agree to submit to the personal jurisdiction of the courts of England and Wales for the purpose of litigating all such claims.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes to these Terms, we will notify you by updating the "Last Updated" date at the beginning of these Terms and/or through other appropriate means. Your continued use of the Services following any such notification constitutes your acceptance of the revised Terms. If you do not agree to any modification to these Terms, you must stop using the Services. We encourage you to periodically review these Terms for any changes. If you have any questions about these Terms, please contact us at terms@gymbile.com
These Terms, together with any other agreements expressly incorporated by reference, constitute the entire agreement between you and Gymbile with respect to the Services and supersede all prior or contemporaneous understandings, whether written or oral, regarding the Services. You may not assign or transfer these Terms, by operation of law or otherwise, without Gymbile's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Gymbile may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent of the parties.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Services must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
GYMBILE LIMITED
Unit 82a James Carter Road, Mildenhall, Bury St. Edmunds, England, IP28 7DE
info@gymbile.com