App Terms of Use

1. About these Terms

These Terms of Use ("Terms") govern your access to and use of the mobile application in which they appear (the "App"). The App is provided and operated by GymAscend Limited, a company incorporated in Ireland (Company Number 798284), registered office at POD2, The Old House, 15A Main Street, Blackrock, Co. Dublin, A94T8P8, Ireland ("GymAscend," "we," "us," "our").

The App is a white-label platform made available to you under the brand of the gym, studio or fitness business whose application you have downloaded (the "Operator"). GymAscend provides the technology behind the App. The Operator provides your gym membership and the physical fitness services. These Terms cover your use of the App only. Your gym membership and any in-person services are governed by your separate agreement with the Operator.

By creating an account, accessing or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.

2. Eligibility and age

You must be at least 16 years old, or the minimum age of digital consent in your country of residence, to use the App. If you are below that age, you may use the App only with the verifiable consent of a parent or legal guardian, which the Operator is responsible for obtaining. By using the App you confirm that you meet these requirements.

3. Your account and membership verification

To access certain features you must create an account and provide accurate, current information. You are responsible for keeping your login credentials confidential and for all activity under your account.

Some features become available only after you verify your membership with the Operator, typically by entering a location code provided by the Operator at its facility. Without verification you may have access to a limited set of features. The Operator may add or remove your access to its branded App at its discretion.

4. Relationship between you, the Operator and GymAscend

The Operator is responsible for its gym, its staff, its facilities, its classes, its membership terms, its pricing, and the conduct of its business. GymAscend is responsible only for providing and maintaining the App technology. GymAscend is not a party to your membership relationship with the Operator and is not responsible for the Operator's services, facilities, billing, staff, content accuracy, or business decisions.

5. Licence to use the App

Subject to these Terms, GymAscend grants you a limited, personal, non-exclusive, non-transferable and revocable licence to use the App for your own personal, non-commercial use. All rights not expressly granted are reserved.

6. Acceptable use

You agree not to: (a) use the App for any unlawful purpose or in breach of these Terms; (b) copy, modify, distribute, sell, lease or create derivative works of the App; (c) reverse engineer, decompile or attempt to extract the source code of the App; (d) interfere with or disrupt the App or its security; (e) access the App through unauthorized means or attempt to gain unauthorized access to other accounts or systems; (f) upload content that is unlawful, harmful, harassing, defamatory, infringing, or that you do not have the right to share; or (g) impersonate any person or misrepresent your affiliation.

7. Classes, bookings and credits

The App may let you view, book, cancel or join classes and activities offered by the Operator, including through a credits system. All class availability, schedules, credit values, cancellation windows, attendance rules and related policies are set by the Operator, not by GymAscend. Any disputes about bookings, credits, attendance or refunds are between you and the Operator.

8. Member content and community

The App may allow you to submit content, including profile information, messages, and posts in community features ("Member Content"). You retain ownership of your Member Content. By submitting it, you grant GymAscend and the Operator a non-exclusive, worldwide, royalty-free licence to host, display and use it for the purpose of operating the App and its features. You are solely responsible for your Member Content and confirm you have the right to share it. GymAscend and the Operator may remove any content that breaches these Terms.

9. AI features

The App may include AI-powered features, including a fitness companion, that generate information, suggestions and summaries ("AI Output"). AI Output is generated automatically and may be incomplete, inaccurate or unsuitable for your circumstances. AI Output is provided for general informational purposes only and is not professional, medical, nutritional or fitness advice. Do not rely on AI Output as a substitute for the judgment of a qualified professional. You use AI Output at your own risk.

10. Health, fitness and safety (important)

The App provides general information relating to fitness, exercise, training and nutrition ("Health Content"). Health Content, including any AI Output, is for general informational and educational purposes only. It is not medical advice, diagnosis or treatment, and it is not a substitute for professional medical, nutritional or fitness guidance.

GymAscend is not a licensed medical, nutritional or fitness provider and makes no representation that any Health Content is safe or suitable for you. Before starting, changing or stopping any exercise or nutrition program, consult a qualified health professional, particularly if you have any medical condition, injury, or are pregnant.

You are solely responsible for your own health and safety when using the App, when exercising, and when using the Operator's facilities. You participate in physical activity at your own risk. Your physical use of the Operator's facilities and services is governed by the Operator's own membership terms and waivers, and responsibility for your physical safety at the facility rests with you and the Operator.

11. Intellectual property

The App, the underlying platform, software, design and all related intellectual property are and remain owned by GymAscend. The Operator's name, logo and brand are owned by the Operator. Nothing in these Terms transfers any ownership to you.

12. App stores (Apple and Google)

You acknowledge that these Terms are between you and GymAscend, not with Apple Inc. or Google LLC. Apple and Google are not responsible for the App or its content.

If you downloaded the App from the Apple App Store, the following also applies: Apple has no obligation to provide maintenance or support for the App; in the event the App fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if any), and to the maximum extent permitted by law Apple has no other warranty obligation; Apple is not responsible for any claims relating to the App, including product liability, legal or regulatory compliance, or intellectual property claims; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Your use of the App must also comply with the applicable Apple App Store or Google Play terms of service.

13. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, GYMASCEND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GYMASCEND DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY CONTENT IS ACCURATE OR COMPLETE. NOTHING IN THESE TERMS LIMITS ANY RIGHTS YOU HAVE AS A CONSUMER THAT CANNOT BE LIMITED BY LAW.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GYMASCEND WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP. GYMASCEND IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF THE OPERATOR, FOR THE OPERATOR'S SERVICES OR FACILITIES, OR FOR ANY PHYSICAL INJURY OR HEALTH CONSEQUENCE ARISING FROM EXERCISE OR USE OF THE OPERATOR'S FACILITIES. TO THE FULLEST EXTENT PERMITTED BY LAW, GYMASCEND'S TOTAL LIABILITY ARISING FROM OR RELATING TO THE APP WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100). NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED BY LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GYMASCEND'S NEGLIGENCE OR FOR FRAUD.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless GymAscend from any claims, losses and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the App, or your Member Content.

16. Suspension and termination

You may stop using the App at any time. GymAscend or the Operator may suspend or terminate your access if you breach these Terms, if your membership with the Operator ends, or if the App is discontinued. On termination, the licence granted to you ends. Sections that by their nature should survive termination will survive.

17. Changes

GymAscend may update the App and these Terms from time to time. Where changes are material, we will provide reasonable notice, for example through the App. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.

18. Governing law and disputes

These Terms are governed by the laws of Ireland, without affecting any mandatory consumer protection rights you have under the laws of your country of residence. Disputes will be subject to the courts of Ireland, except that, as a consumer, you may also be entitled to bring proceedings in, and rely on the mandatory laws of, your country of residence.

19. General

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. These Terms, together with the Privacy Policy, are the entire agreement between you and GymAscend regarding the App. You may not assign these Terms; GymAscend may assign them to a successor.

20. Contact

Questions about these Terms: GymAscend Limited, POD2, The Old House, 15A Main Street, Blackrock, Co. Dublin, A94T8P8, Ireland. Email: hello@gymascend.com. For matters relating to your gym membership or your personal data as held by the Operator, contact the Operator directly.