As of June 3, 2023, this change is effective
The agreement referred to in this text is an agreement between you (“you”) and GymDoc (“Company”, “we” or “us”). This agreement applies to your use of the GymDoc mobile app, the gymdoc.co website, and all related services, features and content provided by the Company. It is important to note that this agreement does not constitute a legal agreement with Apple, Inc., Google, Inc. or any other organization that may be mentioned.
Please read this Agreement carefully. By creating an account or accessing or using the Application, you acknowledge that you agree and agree to be bound by the terms of this Agreement. If you do not agree to these terms, you have no right to access or use the Application.
We reserve the right to modify this Agreement from time to time. If we make material changes that affect your rights, we will notify you by email, through the App, or provide you with a new version of the Agreement for your acceptance. Your continued use of the Application after the effective date of the updated Agreement will constitute your acceptance of the changes.
To use the Application, you may be required to register or update an account (“Account”) and will be asked to provide certain personal information, including your name, date of birth and email address. This information will be retained and used in accordance with our privacy policy available at https://gymdoc.co/privacy-policy/ (“Privacy Policy”). You agree to provide accurate and complete information to the Company and to update it promptly when it changes.
When using the Application, you must comply with the Company’s privacy policy, available at https://gymdoc.co/privacy-policy/. If you send a question or answer, you are solely responsible for the content of those messages and the consequences of publishing them. The Company and its licensors are not responsible for the content of messages in public areas. By using the Application, you agree not to use it for illegal purposes. You are responsible for your actions in connection with your use of the Application and must comply with all applicable laws and regulations at the local, state, national and international levels. You acknowledge that the following acts constitute a material breach of this Agreement and agree NOT to:
a. resell, rent, lease, loan, sublicense, distribute or transfer the rights to the Application;
b. modify, reverse engineer, decompile or disassemble the Application;
c. copy, adapt, modify, alter, modify, translate or create derivative works from the Application without the written permission of the Company;
d. permit others to use the Application, including but not limited to sharing through a network connection, except under the terms of this Agreement;
e. bypass or disable any technological features or measures provided in the Application to protect intellectual property rights;
f. use the Application in conjunction with devices, software or services designed to circumvent technological measures, access controls or rights to content files protected by copyright laws;
g. use the Application to collect data that can be used by a competing product or service;
h. use your Account for advertising, solicitation or commercial advertising, including spam or bulk email;
i. use your Account for illegal activities;
j. upload or transmit messages that violate the rights of third parties;
k. upload material that contains hate, harassment, obscene images or conduct, pornography, or other content that violates the law or this Agreement and the Company’s Privacy Policy;
l. upload materials containing malicious computer software or other code designed to interrupt, destroy or limit the functionality of the Application, website or computer software.
Export controls and economic sanctions
Software associated with use of the Application may be subject to applicable U.S. export and re-export control laws and regulations, including the U.S. Department of Commerce Export Administration Regulations (EAR), the Treasury Department’s Office of Foreign Assets Control (OFAC) economic sanctions and the Department of State’s International Traffic in Arms Regulations (ITAR). You represent and warrant that (1) you are not located in a country or region subject to U.S. Government embargo, and (2) you are not subject to prohibition under the aforementioned statutes.
You agree to comply with all applicable U.S. and international export laws and regulations to ensure that neither the Application, nor related technical data, nor direct products or products based on such technology received from GymDoc under these Terms of Use are exported or re-exported directly or indirectly in violation of such laws and regulations, and are not used for any purpose prohibited by said regulations.
Limited License to Use the Application
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the Application for personal and non-commercial purposes in accordance with the terms of this Agreement. However, you may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any material, including text, graphics, logos and other identifying symbols, designs, icons, images or other information, software or code obtained from the Application, without the prior written permission of Company, which may be withheld for any reason. You also agree not to download, display or use any content provided by the Company or its licensors in the Application for use in publications, public performances or websites other than the Application, for any other commercial purpose related to non-Company products or services, or in any other manner that is likely to cause confusion among consumers, disparage or discredit the Company and/or its licensors, dilute the ownership of the Company or its licensors or otherwise You also agree not to improperly use content published by the Company or third parties in the Application.
All rights, title and interest in and to the Application not expressly granted in this Agreement shall remain with the Company. If you wish to use software, names, trademarks, service marks, logos, domain names or other identifying elements owned by Company that are visible brand features, or any other content owned by Company, you must obtain written permission from Company. Any requests for permission may be directed to support@gymdoc.co.
For the avoidance of doubt, note that all text, images, photographs, audio, video, location data, software, code and all other forms of data or communications created and provided by Company in connection with the Application, including visual interfaces, interactive features, graphics, design, compilations of User Content (as defined below), aggregated user review ratings and all other elements and components of the Application other than User Content, are the property of Com Except as expressly and expressly permitted in this Agreement, no express or implied rights are granted to you, and all rights in the Application and Company Content remain with us.
User Content License
When you use the Application, you may create personal notes, share your stories, post or upload content, and submit content (including public areas such as Secret Chats) and enter certain information into the Application (“User Content”). You retain all rights to User Content that you post, submit or enter into the Application.
By submitting your User Content to the Application, you grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, operate, modify, publicly display, publicly perform, create derivative works, incorporate into other works, modify, reformat and distribute your User Content in connection with providing and operating the Application, related services and/or for Company promotional purposes (such as posting to our website, in the Application
Company reserves the right to review all User Content before posting it to the Application and to remove any content or media in its sole discretion, for any reason and at any time, without notice.
Use at your own risk
Our goal is to make certain sports information more accessible and useful to you. However, we cannot and do not guarantee or warrant any improvements or results related to health or sports performance. When using the Application and receiving information, predictions or recommendations provided through the Application, you do so entirely at your own risk. We make no representations or warranties as to the accuracy of the data, information, estimates and projections that may be provided through the Application. You also understand and agree that the App is not a substitute for a sports coach or other sports person or sports service provider and is not intended to accomplish the same purposes.
Passwords
You must take all reasonable steps to secure your passwords and account in the Application to prevent unauthorized persons from accessing them. You are solely responsible for:
Controlling the distribution and use of your login name, screen name, and passwords.
Authorizing, monitoring and controlling access to your account and use of your password in the Application.
Notifying the Company immediately if you believe your account or password has been compromised or if you need to deactivate your password. Contact us at support@gymdoc.co.
You grant the Company and all other participants in the Application the right to transmit, monitor, retrieve, store and use your information in the context of the operation of the Application. You also acknowledge and agree that the Application and account are for your personal use on an individual basis and you shall not share your account and/or password information with others.
The Company shall not be liable for any information you provide or for the use or misuse by you or any third party of information transmitted or received as a result of using the Application. The Company shall also not be liable for any damages resulting from unauthorized use of your account or information if you violate these rules.
Using mobile devices
Please note that when using the Application on a mobile device, your carrier’s standard fees and charges, such as texting and data charges, may apply.
Third Party Services and Links
The Application may provide you with access to links to websites, applications or other products and services provided by Third Parties (“Third Party Services”). Please note that the Company does not control such Third Party Services and is not responsible for their privacy or actions, and is not responsible for any products, services or information provided by such Third Party Services.
Use of the Third Party Services is entirely at your own risk and it is your responsibility to take appropriate measures to protect your personal information and comply with applicable agreements. The reference to the Third Party Services in the Application does not imply that Company endorses the materials contained on such Third Party Services, nor does it create a link or association between Company and such Third Party Services.
It is important to exercise reasonable care and discretion when using the Third Party Services. The Company disclaims responsibility for the products, services or information offered by the Third Party Services. Please note that you should not use our websites, applications, content or services in ways that may be illegal, misleading or damaging to our reputation.
Your feedback
We value your opinion of the App. Please note that any messages or reviews you send to us or post on the app stores are treated as non-confidential. We reserve the right to decide for ourselves whether to publish such content. By submitting feedback to us, you agree that we have the right to use that content free of charge, including revising, modifying, correcting or altering its context as necessary and at our discretion.
Right to Enforce
We have no obligation to actively monitor access to or use of the Application. However, we reserve the right to do so in order to ensure proper operation and maintenance of the Application, your compliance with the terms of this Agreement, and compliance with applicable legal requirements. In the event of illegal activity, we may disclose information to law enforcement authorities and, consistent with legal process, cooperate with law enforcement authorities to prosecute violators of the law. We reserve the right (but not the obligation) to remove or disable any content posted to the App or access to the App at any time and without notice if we, in our sole discretion, believe that your content or use of the App is inappropriate or violates the terms of this Agreement.
We may also refuse service, terminate accounts, and change eligibility requirements at any time.
The Company is not responsible or liable to users of the Application or other persons or entities for doing or not doing any of the aforementioned things.
Changes to the Application
From time to time, without prior notice, we may modify, expand or improve the Application. We may also discontinue part or all of the Application or disable certain features of the Application at any time. Your use of the Application does not entitle you to any further provision of the Application or guarantee the availability of the Application. Any modification or elimination of the Application or its features will be at our sole and absolute discretion, without continuing obligation or liability to you.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers and content providers from and against any and all claims, actions, demands, liabilities and expenses, including reasonable legal and accounting fees, resulting or alleged to result from your breach of this Agreement.
Notice and Removal Procedures
If you believe that any material available on or through the App infringes your copyright, you may request removal of that material (or access to it) from this App by contacting the Company and providing the following information:
a. Identification of the copyrighted work that you believe is being infringed. Please describe the work and, if possible, provide a copy or location of an authorized version of the work.
b. Identification of the material that you believe is infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will help us locate the material.
c. Your name, address, phone number, and (if available) email address.
d. A statement that you believe in good faith that the use of the material you are challenging is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information you provide is accurate and an indication that “under penalty of perjury” you are the copyright owner or acting on behalf of the copyright owner.
f. The signature of the copyright owner or authorized representative, or the electronic equivalent.
In order to protect the rights of copyright owners, the Company has a termination policy for subscribers and account holders on the App who are repeat infringers, in appropriate circumstances.
Questions and comments
If you have comments or questions about any part of the application or these Terms of Use, if you need support, or if you have any complaints, please contact us at the following email address: support@gymdoc.co.
