Terms of Use

These Terms of Use (“Terms”) govern your use of the Gym Arc app for iPhone and Apple Watch (the “App”), provided by İrem (“we”, “us”, “our”). By downloading or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.

1. Eligibility

You must be at least 13 years old to use the App. If you are under the age of majority where you live, you may use the App only with the permission of a parent or legal guardian.

2. Your account

You sign in with Apple or Google. You are responsible for keeping access to your Apple or Google account secure and for all activity under your account. You can delete your account at any time in the App’s settings.

3. Subscriptions

4. Health and safety

The App provides general fitness information, workout plans and exercise instructions. It is not medical advice and is not a substitute for advice from a doctor or other qualified professional.

• Consult a doctor before starting any exercise program, especially if you have a medical condition or injury, are pregnant, or have not exercised in a long time.
• Stop exercising immediately and seek medical help if you feel pain, dizziness, shortness of breath or discomfort.
• You are responsible for using proper technique and safe equipment, and for exercising within your own limits.
• Calorie, body mass index (BMI), weight and progress figures in the App are estimates.

5. License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

6. Restrictions

You agree not to:

• copy, modify, distribute, sell or lease any part of the App or its content;
• reverse engineer or attempt to extract the source code of the App, except where the law allows it;
• bypass or interfere with subscription checks or security features;
• use the App for any unlawful purpose or in a way that could harm the App or other users.

7. Intellectual property

The App and its content, including exercise images, videos, instructions, workout plans, designs and the Gym Arc name and logo, are owned by us or our licensors and are protected by intellectual property laws. These Terms do not transfer any ownership rights to you.

8. Third-party services

The App uses services provided by third parties, including Apple, Google and Superwall. Your use of those services may also be subject to their own terms and privacy policies.

9. Apple App Store terms

• These Terms are between you and us, not Apple. Apple is not responsible for the App or its content.
• Apple has no obligation to provide any maintenance or support services for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
• Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the App or your use of it infringes that third party’s intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple may enforce these Terms against you as a third-party beneficiary.

10. Disclaimer of warranties

To the fullest extent permitted by law, the App is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the App will be uninterrupted, error-free or that it will achieve any particular fitness result.

11. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any injury, loss of data or loss of profits, arising from or related to your use of the App. Our total liability for any claim relating to the App will not exceed the amount you paid for the App in the twelve months before the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

12. Termination

You may stop using the App and delete your account at any time. We may suspend or terminate your access if you violate these Terms. Sections that by their nature should survive termination will continue to apply.

13. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the effective date above, and if the changes are significant we will let you know in the App. Continuing to use the App after changes take effect means you accept the updated Terms.

14. Governing law

These Terms are governed by the laws of Georgia, without regard to its conflict of laws rules. This does not deprive you of any mandatory consumer protections under the laws of the country where you live.

15. Contact

İrem
Georgia
support@gymarc.net