Terms and Conditions for GymAlly

Effective Date: January 29, 2025

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the GymAlly website located at https://gymally.app (the "Website") and the GymAlly mobile application (the "App"). By accessing or using the Website or App, you agree to be bound by these Terms and all applicable laws and regulations.

2. Acceptance of Terms

By accessing or using the Website or App, you agree to be bound by these Terms and all applicable laws and regulations. If you disagree with any of these Terms, you may not access or use the Website or App.

3. Description of Services

GymAlly is an AI-based platform that assists users in analyzing, improving, and monitoring their strength workouts. The App allows users to upload or record videos of their exercises, which are analyzed by our AI to provide feedback on technique, tempo, range of motion, and potential fatigue.

4. User Data

- Personal Data: We collect personal data such as name, email, and payment information. For users who upload or record videos, we also collect and process video data to provide our AI-based coaching services.

- Video Data: 
  - By using GymAlly, you grant us the right to collect, store, and process video data that you upload or record through the App. This data will be used to:
    1. Provide real-time feedback on your exercise technique, tempo, range of motion, and potential fatigue.
    2. Improve and enhance our AI models and services through internal analysis.
    3. Develop new features and functionalities for the App.
  - Your video data will not be shared, distributed, or sold to third parties outside the context of the App. It will only be used internally for the purposes described above.
  - You can delete your video data at any time through the App. Once deleted, the data will be permanently removed from our servers and will no longer be used for analysis or improvement of the App.
  - By using GymAlly, you explicitly consent to the collection, storage, and processing of your video data as described in these Terms. If you do not agree to this, you may not use the App.

- Non-Personal Data: We collect non-personal data through web cookies, non-personal form inputs, and information from third-party advertising platforms (such as Facebook and Google) to improve our services and target advertising. This may include information about your interests, demographics, and online behaviour.

Please refer to our Privacy Policy for details regarding data collection, usage, and storage.

5. User Consent and Rights

By using GymAlly, you explicitly consent to the collection, storage, and processing of your personal and video data as described in these Terms and our Privacy Policy. This includes the use of your video data for internal analysis and improvement of the App.

You have the right to withdraw your consent and request the deletion of your data at any time by contacting us at hi@gymally.app or through the App. However, please note that withdrawing consent or deleting your data may limit your ability to use certain features of the App.

For users in the European Union, GymAlly complies with the General Data Protection Regulation (GDPR). You have the right to access, correct, or delete your personal data, as well as the right to data portability and to object to or restrict processing of your data.

6. Refund Policy

Users are entitled to a full refund within 14 days of purchase for subscription plans or one-time purchases. To request a refund, please contact us at hi@gymally.app.

7. Intellectual Property

GymAlly and all content on the Website and App are protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works based on GymAlly's content without our prior written consent.

8. Disclaimer of Liability

GymAlly's AI-based coaching is intended to provide general guidance and feedback on exercise technique. It is not a substitute for professional medical or fitness advice. You are solely responsible for your use of the App and any decisions you make based on the feedback provided.

While we take reasonable measures to protect your data, you acknowledge that no system is completely secure. By using GymAlly, you agree that we are not liable for any unauthorized access to or use of your data, except in cases of gross negligence or wilful misconduct on our part.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Spain. For users in the European Union, any disputes will be resolved in accordance with the GDPR and applicable EU laws.

10. Updates to Terms

We may update these Terms at any time. We will notify you of any changes by email or through the App. You are advised to review these Terms periodically for any changes. Continued use of the Website or App after changes are made constitutes acceptance of the updated Terms.

11. Contact Us

If you have any questions about these Terms, please contact us at hi@gymally.app.

Thank you for using GymAlly!