These terms and conditions apply to the Gymgineer app (hereby referred to as "Application") for mobile devices that was created by Gymgineer (hereby referred to as "Service Provider") as a Commercial service.
Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application.
By creating an account or using the Application, you confirm that:
When you create an account with Gymgineer, you agree to:
We reserve the right to suspend or terminate your account if we suspect any violation of these terms or fraudulent activity.
By accessing and using the Application, you explicitly grant Gymgineer permission to contact you for marketing purposes. This includes but is not limited to:
You may opt-out of marketing communications at any time through your account settings or by following the unsubscribe instructions in any marketing message. Opting out will not affect essential service communications related to your account, transactions, or security.
Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.
The Gymgineer name, logo, design, AI algorithms, and all related content are proprietary to Gymgineer. You are granted a limited, non-exclusive, non-transferable license to use the Application for personal, non-commercial purposes only.
You retain ownership of all data you input into the Application, including:
However, by using the Application, you grant Gymgineer a worldwide, royalty-free license to use, store, and process this data to:
Gymgineer may offer premium subscription features. If you choose to subscribe:
Free trial periods, if offered, automatically convert to paid subscriptions unless cancelled before the trial ends.
The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.
The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. All user data is stored securely in Google Firebase Cloud Services, including but not limited to:
Payment and subscription information, if applicable, is processed and stored by RevenueCat, our third-party payment processor. The Service Provider does not directly handle or store payment card information.
It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advises against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone's security features, and may result in the Application not functioning correctly or at all.
Please note that the Application utilizes third-party services that have their own Terms and Conditions. Below are the links to the Terms and Conditions of the third-party service providers used by the Application:
Gymgineer is NOT a medical application, health monitoring system, or diagnostic tool. This Application is designed solely for fitness planning and workout tracking purposes for informational and motivational use only.
All workout routines, exercise selections, set and repetition ranges, weight recommendations, and rest periods generated by the Application are AI-generated suggestions and recommendations only. These recommendations are not:
Before beginning any exercise program, you should consult with a qualified healthcare provider, physician, or licensed fitness professional to ensure the activities are appropriate for your:
For optimal results, safety, and personalized guidance, you should work directly with certified personal trainers, physical therapists, sports medicine professionals, or other qualified fitness experts who can assess your form, technique, and progress in person.
The Service Provider DOES NOT assume any responsibility or liability for injuries, health complications, or adverse effects that may result from:
BY USING THIS APPLICATION, YOU ACKNOWLEDGE AND ACCEPT ALL RISKS ASSOCIATED WITH PHYSICAL EXERCISE AND AGREE THAT YOU PARTICIPATE AT YOUR OWN RISK.
The Application cannot monitor, verify, or ensure proper exercise execution, form, or technique. Improper form or technique can lead to serious injury. You are solely responsible for:
Stop exercising immediately and seek medical attention if you experience:
Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.
If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider's agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming.
The Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.
In terms of the Service Provider's responsibility for your use of the application, it is important to note that while they strive to ensure that it is updated and accurate at all times, they do rely on third parties (including AI services) to provide information so that they can make it available to you. The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on this functionality of the application.
You agree NOT to use the Application for any of the following purposes:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GYMGINEER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR:
IN NO EVENT SHALL GYMGINEER'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO GYMGINEER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
You agree to defend, indemnify, and hold harmless Gymgineer and its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which Gymgineer operates, without regard to its conflict of law provisions.
Any disputes arising from or relating to these Terms or your use of the Application shall be resolved through binding arbitration, 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.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions.
The Service Provider may wish to update the application at some point. The application is currently available as per the requirements for the operating system (and for any additional systems they decide to extend the availability of the application to) may change, and you will need to download the updates if you want to continue using the application.
The Service Provider does not guarantee that it will always update the application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. However, you agree to always accept updates to the application when offered to you.
The Service Provider may also wish to cease providing the application and may terminate its use at any time without providing termination notice to you. Unless they inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the application, and (if necessary) delete it from your device.
We reserve the right to suspend or terminate your account and access to the Application at our sole discretion, without notice, for conduct that we believe:
These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Gymgineer regarding your use of the Application and supersede all prior agreements and understandings, whether written or oral.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.
The Service Provider may periodically update their Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2025-11-12
If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at gymgineerapp@gmail.com.