Terms of Service

1. Acceptance of Terms

By downloading, accessing, or using the Gymigo mobile application (the "Service"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and Oikei LLC ("we", "us", "our"). Your use of the Service indicates your acceptance of these Terms.

2. Description of Service

Gymigo is an AI-powered fitness coaching application that provides personalized workout guidance, real-time training adaptation, and progress tracking. The Service uses artificial intelligence to adapt your training based on your performance, equipment availability, feedback, and goals.

Important Medical Disclaimer: Gymigo is a fitness guidance tool and does NOT replace professional medical advice, diagnosis, or treatment. Always consult with a qualified healthcare provider before starting any exercise program, especially if you have pre-existing health conditions, injuries, or concerns.

3. End User License Agreement (EULA)

3.1 License Grant

Subject to your compliance with these Terms, Oikei LLC grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download, install, and use the Gymigo mobile application on devices you own or control
• Access and use the Service for personal, non-commercial purposes only
• Use the AI coaching features in accordance with these Terms

3.2 License Restrictions

You may NOT:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, disassemble, or attempt to discover the source code
• Rent, lease, lend, sell, redistribute, or sublicense the Service
• Use the Service for any commercial purpose or competitive analysis
• Remove, alter, or obscure any proprietary notices (copyright, trademark, etc.)
• Use the Service to violate any applicable laws or regulations
• Circumvent any technical limitations or access controls in the Service

3.3 Apple App Store Terms

If you downloaded Gymigo from the Apple App Store, you acknowledge and agree that:

• Apple is Not a Party: These Terms are between you and Oikei LLC, not Apple. Oikei LLC, not Apple, is solely responsible for Gymigo and its content
• License Scope: Your license to use Gymigo is limited to a non-transferable license to use the application on any Apple-branded device you own or control, as permitted by the App Store Terms
• Maintenance and Support: Oikei LLC is solely responsible for providing maintenance and support services. Apple has no obligation to furnish maintenance or support
• Warranty: To the maximum extent permitted by law, Apple has no warranty obligation with respect to Gymigo. Any claims, losses, liabilities, damages, costs, or expenses attributable to failure to conform to any warranty will be our responsibility
• Product Claims: Oikei LLC, not Apple, is responsible for addressing any claims relating to Gymigo or your use of it, including product liability claims, legal/regulatory compliance, or intellectual property infringement claims
• Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you

4. User Accounts

4.1 Account Creation and Security

• You must provide accurate, current, and complete registration information
• You must promptly update your information if it changes
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized use or security breach
• You may not transfer or share your account with others

4.2 Age Requirements

• You must be at least 13 years old to use the Service (16 in the EEA)
• If you are between 13-17 (16-17 in EEA), you must have parental or guardian consent
• We reserve the right to request proof of age and parental consent

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion. You may terminate your account at any time through the app settings or by contacting support@gymigo.fitness.

5. Subscriptions and Payment Terms

5.1 Subscription Plans

Gymigo offers subscription-based access to premium features. Subscription options may include monthly or annual plans, with pricing displayed in the app before purchase.

5.2 Auto-Renewal and Billing

Important Auto-Renewal Disclosure (Required by Apple):

• Automatic Renewal: Your subscription will automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date
• Billing Timing: Your Apple account will be charged for renewal within 24 hours before the end of the current subscription period
• Price Changes: Subscription prices may change. You will be notified of price changes in advance, and changes will apply to subsequent billing periods after notification
• No Refunds: Payment is non-refundable except as required by law or at our sole discretion. Apple handles all payment processing

5.3 Free Trials

We may offer free trial periods for new users. If you do not cancel before the trial period ends, you will be automatically charged for a subscription. Free trials are limited to one per user and may not be combined with other offers.

5.4 Cancellation Instructions

To cancel your subscription and avoid future charges:

• Open the Settings app on your iOS device
• Tap your name at the top
• Tap "Subscriptions"
• Select Gymigo
• Tap "Cancel Subscription"

You must cancel at least 24 hours before your renewal date to avoid being charged. Cancellation takes effect at the end of your current billing period—you retain access until then.

5.5 Refund Policy

All purchases are processed by Apple. Refund requests should be submitted through Apple's refund system. We cannot process refunds directly. Apple's standard refund policies apply.

• To request a refund, visit reportaproblem.apple.com
• Select Gymigo from your purchase history
• Choose "Request a Refund" and follow the instructions

5.6 Subscription Modifications

You can upgrade or downgrade your subscription plan at any time through the app. Changes take effect at the next billing cycle. If you downgrade, you retain premium access until the current period ends.

6. Acceptable Use Policy

6.1 Prohibited Conduct

You agree NOT to:

• Illegal Activity: Use the Service for any illegal purpose or in violation of any laws
• Account Sharing: Share your account credentials or allow others to access your account
• Reverse Engineering: Attempt to reverse engineer, decompile, or disassemble the Service
• Automated Access: Use bots, scrapers, or other automated systems to access the Service
• Interference: Interfere with, disrupt, or create undue burden on the Service or servers
• Security Violations: Circumvent security features, access controls, or usage limits
• Malicious Code: Upload viruses, malware, or any malicious code
• Impersonation: Impersonate others or provide false information
• Harassment: Harass, abuse, threaten, or harm other users
• Data Scraping: Extract data from the Service for commercial purposes
• Competitive Use: Use the Service to develop competing products

6.2 Content Standards

When interacting with the AI coach or support team, you must not submit content that:

• Is offensive, abusive, defamatory, or obscene
• Violates intellectual property rights
• Contains personal information about others without consent
• Promotes violence, discrimination, or illegal activity

7. Health and Safety - Critical Disclaimers

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY.

7.1 Medical Disclaimer

• Not Medical Advice: Gymigo provides fitness guidance but is NOT a substitute for professional medical advice, diagnosis, or treatment
• Consult Healthcare Providers: Always consult with a qualified physician or healthcare provider before starting any exercise program, especially if you:
  • Have pre-existing medical conditions (heart disease, diabetes, high blood pressure, etc.)
  • Have injuries or chronic pain
  • Are pregnant or postpartum
  • Are over 45 years old (men) or 55 years old (women) and sedentary
  • Take medications that may affect exercise
• Listen to Your Body: Stop exercising immediately if you experience:
  • Chest pain or tightness
  • Severe shortness of breath
  • Dizziness, lightheadedness, or fainting
  • Unusual joint or muscle pain
  • Nausea or extreme discomfort
• Seek Emergency Help: If you experience severe symptoms during or after exercise, seek immediate medical attention

7.2 Assumption of Risk

You acknowledge and agree that:

• Physical exercise carries inherent risks including injury, disability, or death
• You voluntarily assume all risks associated with using Gymigo and following its recommendations
• You are solely responsible for determining whether you are physically capable of performing exercises
• The AI may occasionally provide recommendations that are inappropriate for your specific situation
• You should use proper form, equipment, and safety precautions when exercising

7.3 No Liability for Injuries

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OIKEI LLC IS NOT LIABLE FOR ANY INJURIES, HEALTH ISSUES, DISABILITIES, OR DAMAGES (INCLUDING DEATH) RESULTING FROM YOUR USE OF THE SERVICE OR FOLLOWING WORKOUT RECOMMENDATIONS. You release Oikei LLC from all liability related to physical injuries or health consequences.

8. Artificial Intelligence Terms

8.1 AI Limitations and Accuracy

• No Guarantees: AI-generated coaching recommendations are based on general fitness principles and your input data. We do not guarantee accuracy, effectiveness, or suitability for your needs
• Not Infallible: AI systems can make mistakes, provide incorrect recommendations, or misinterpret your input
• General Guidance: AI recommendations are general guidance and may not account for your unique physiology, injuries, or medical conditions
• No Results Guarantee: We do not guarantee specific fitness results, muscle growth, fat loss, or performance improvements

8.2 AI-Generated Content Ownership

Workout plans, exercise recommendations, and coaching advice generated by the AI remain the property of Oikei LLC. You receive a personal, non-commercial license to use AI-generated content for your own fitness purposes. You may not republish, resell, or distribute AI-generated content.

8.3 User Data for AI Training

By using Gymigo, you agree that your workout data, feedback, and interactions may be used (in aggregated, anonymized form) to improve our AI models. You can opt-out by contacting support@gymigo.fitness, though this may reduce personalization quality.

8.4 Human Override

You always have the ability to override AI recommendations, choose different exercises, adjust volume or intensity, or skip workouts. Use your judgment and prioritize safety over AI suggestions.

9. Intellectual Property

9.1 Our Rights

Oikei LLC retains all rights, title, and interest in the Gymigo Service, including:

• Software, code, algorithms, and AI models
• Designs, user interfaces, and graphics
• Trademarks, logos, and brand elements ("Gymigo", the Gymigo logo, etc.)
• Content, text, and documentation
• Trade secrets and proprietary methodologies

The Service is protected by copyright, trademark, patent, and other intellectual property laws. You are granted a limited license to use the Service as described in Section 3 (EULA).

9.2 Your Content

You retain ownership of your personal data, workout logs, and feedback. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and display your data to provide the Service
• Use anonymized, aggregated data for AI training and research
• Analyze usage patterns to improve the Service

9.3 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about Gymigo, you grant us an unrestricted, perpetual, royalty-free right to use, implement, and commercialize such feedback without compensation or attribution.

10. Privacy

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, protect, and share your information. By using Gymigo, you consent to our data practices as described in the Privacy Policy.

Key privacy highlights: We never sell your personal data. Your fitness data is encrypted and used solely to provide personalized coaching. See the Privacy Policy for complete details.

11. EU Consumer Rights and Withdrawal Period

11.1 Right of Withdrawal (14-Day Cooling-Off Period)

If you are a consumer located in the European Economic Area, United Kingdom, or Switzerland, you have the right to withdraw from your subscription within 14 days from the date of purchase, without giving any reason. This is known as the "cooling-off period."

11.2 How to Exercise Withdrawal Right

To exercise your right of withdrawal:

• Contact us at support@gymigo.fitness within 14 days of purchase
• Include "EU Withdrawal Request" in the subject line
• Provide your name, email, and order details
• Request a refund through Apple's refund system (reportaproblem.apple.com)

11.3 Waiver of Withdrawal Right

If you begin using the Service immediately after purchase (downloading and using the app), you may waive your right to withdrawal. By clicking "I agree" and starting to use Gymigo, EU consumers acknowledge:

• You expressly request that we begin providing the Service immediately
• You acknowledge that you will lose your right of withdrawal once you start using the Service

11.4 EU Consumer Protection

EU consumers benefit from mandatory consumer protection laws. Nothing in these Terms affects your statutory rights under EU consumer protection legislation. In case of conflict, EU consumer laws prevail.

12. Service Availability and Geographic Restrictions

12.1 Geographic Availability

Gymigo is available worldwide where the Apple App Store operates. However, certain features may be limited or unavailable in specific regions due to technical, legal, or operational constraints.

12.2 Export Compliance

The Service may be subject to U.S. export control laws and regulations. You agree not to export, re-export, or transfer the Service to any country, person, or entity subject to U.S. export restrictions or embargoes.

12.3 Language and Localization

The Service may be available in multiple languages. The English version of these Terms governs in case of conflicts or inconsistencies between translated versions.

13. Service Modifications and Availability

13.1 Right to Modify

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. This includes:

• Adding, removing, or changing features
• Updating AI models or algorithms
• Changing subscription pricing (with advance notice)
• Discontinuing the Service entirely

13.2 Service Interruptions

The Service may be unavailable due to maintenance, updates, server issues, or circumstances beyond our control. We do not guarantee uninterrupted or error-free operation.

13.3 Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including: natural disasters, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, pandemics, strikes, internet outages, or failures of third-party service providers.

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription (see Section 5.4)
• Deleting your account in app settings
• Contacting support@gymigo.fitness to request account deletion

Upon termination, you lose access to the Service, but you retain access through the end of your current billing period if you have an active subscription.

14.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Chargebacks or payment disputes
• Extended periods of inactivity (typically 2+ years)
• Requests by law enforcement or government agencies
• Any other reason at our sole discretion

14.3 Effect of Termination

Upon termination: (1) your license to use the Service immediately ends; (2) you must cease all use of the Service; (3) we may delete your data in accordance with our Privacy Policy; (4) no refunds will be provided except as required by law; (5) Sections 7, 9, 10, 14, 15, 16, 17, and 19 survive termination.

15. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• AS-IS Basis: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED
• No Warranties: WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE
• No Accuracy Guarantee: WE DO NOT WARRANT THAT AI RECOMMENDATIONS ARE ACCURATE, RELIABLE, COMPLETE, OR APPROPRIATE FOR YOUR NEEDS
• No Results Guarantee: WE DO NOT GUARANTEE SPECIFIC FITNESS RESULTS, MUSCLE GROWTH, FAT LOSS, STRENGTH GAINS, OR PERFORMANCE IMPROVEMENTS
• No Uninterrupted Operation: WE DO NOT WARRANT UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION
• Third-Party Services: WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES (Firebase, OpenAI, Anthropic, Apple) OR THEIR FAILURES

Some jurisdictions do not allow disclaimer of implied warranties, so some disclaimers may not apply to you. You may have additional rights under local law.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

16.1 Types of Damages Excluded

OIKEI LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Indirect Damages: Indirect, incidental, consequential, special, exemplary, or punitive damages
• Lost Profits: Loss of profits, revenue, data, goodwill, or business opportunities
• Physical Injuries: Personal injuries, health issues, disabilities, or death resulting from exercise or following workout recommendations
• Service Issues: Service interruptions, data loss, technical errors, or security breaches
• Third-Party Actions: Actions or failures of third-party service providers
• AI Errors: Inaccurate or inappropriate AI recommendations

16.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

16.3 Basis of the Bargain

These limitations reflect the allocation of risk between you and Oikei LLC. The limitations will apply even if any limited remedy fails its essential purpose. Some jurisdictions do not allow limitation of liability, so some limitations may not apply to you.

16.4 Exceptions

These limitations do not apply to liability that cannot be excluded or limited under applicable law, such as liability for fraud, gross negligence, or willful misconduct.

17. Indemnification

You agree to indemnify, defend, and hold harmless Oikei LLC, its officers, directors, employees, agents, affiliates, and service providers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of others (privacy, intellectual property, etc.)
• Your violation of applicable laws or regulations
• Any injuries or health issues resulting from your exercise activities
• Your content or data submitted to the Service

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

18. Dispute Resolution and Arbitration

18.1 Informal Resolution

Before filing any formal claim, you agree to contact us at support@gymigo.fitness to attempt to resolve the dispute informally. We commit to working in good faith to resolve disputes amicably. Most concerns can be resolved quickly this way.

18.2 Binding Arbitration (U.S. Residents)

If informal resolution fails, disputes will be resolved through binding arbitration rather than court proceedings, except as otherwise provided below:

• Arbitration Rules: Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
• Individual Basis: Arbitration will be conducted on an individual basis, not as a class action
• Location: Arbitration will take place in the county where you reside or via telephone/video conference
• Costs: Each party pays their own attorneys' fees unless the arbitrator awards them to the prevailing party
• Binding Decision: The arbitrator's decision is final and binding, with limited grounds for appeal

18.3 Exceptions to Arbitration

Either party may bring claims in small claims court if they qualify. We may also seek injunctive relief in court to protect intellectual property rights.

18.4 Class Action Waiver

YOU AND OIKEI LLC AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.You waive the right to participate in class actions, class arbitrations, or representative proceedings. Claims may not be combined or consolidated with claims of others.

18.5 Non-U.S. Residents

If you reside outside the United States, arbitration provisions may not apply. Disputes will be subject to the jurisdiction and laws specified in Section 19 (Governing Law).

19. Governing Law and Jurisdiction

19.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Georgia, without regard to its conflict of law principles.

19.2 Jurisdiction

For disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in Tbilisi, Georgia.

19.3 International Users

If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws. These Terms do not limit mandatory consumer protection rights available under local law in your jurisdiction.

20. General Provisions

20.1 Changes to Terms

We may modify these Terms at any time. Material changes will be notified via:

• Email notification to your registered email address
• In-app notification when you next open Gymigo
• Updating the "Last updated" date at the top

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you disagree with changes, you must stop using the Service and cancel your subscription.

20.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Oikei LLC regarding the Service, and supersede all prior agreements and understandings.

20.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

20.4 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

20.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction, including to affiliates or in connection with a merger, acquisition, or sale of assets.

20.6 Language

These Terms may be translated into other languages. In case of conflicts between English and translated versions, the English version prevails.

20.7 Headings

Section headings are for convenience only and do not affect interpretation.

21. Contact Us

If you have questions, concerns, or requests regarding these Terms of Service, please contact us:

Effective Date: These Terms become effective on December 29, 2025, and apply to all users of the Gymigo Service.