Terms and Conditions — GymMind IA
Effective date: 10 October 2026 Last updated: 10 October 2026 Version: 1.0
Read this first
Everything this app tells you about training and nutrition is generated by artificial intelligence. No doctor, physiotherapist, dietitian or certified trainer reviews it before you see it.
It is not medical advice. It must be supervised by a doctor or another qualified professional. Consult a physician before you start any exercise or nutrition programme.
We provide routines and personal progress-tracking tools, and nothing more. We do not diagnose, treat, prescribe, or provide medical or nutritional care.
If you do not accept this, do not use the app.
Table of contents
- Agreement to these Terms
- Medical disclaimer
- What the service is — and what it is not
- AI-generated content
- Assumption of risk
- Eligibility and age
- Your account
- Acceptable use
- Your content
- Intellectual property
- Advertising and the planned ad-free option
- Availability and changes to the service
- Termination
- Limitation of liability
- Indemnity
- Your consumer rights
- Privacy
- Changes to these Terms
- Governing law and disputes
- General
- Contact
1. Agreement to these Terms
These Terms and Conditions are a binding agreement between you and:
| Provider | Daniel David Bernal Oropeza, a natural person resident in Spain who develops and operates GymMind IA independently |
| NIF/NIE | Z1341140S |
| Address | Cuesta Lozal 7, 2C, 23400 Úbeda (Jaén), Spain |
| Contact email | soporte@gymmindia.app |
| Website | https://gymmindia.app |
This information is provided in compliance with Article 10 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE). The provider is an individual, not a company, and is not registered in the Commercial Registry or any other public registry in connection with the Service.
They govern your use of the GymMind IA mobile application for iOS and Android, its Apple Watch companion app, and the related services (together, the “Service”).
By creating an account or using the Service, you confirm that you have read, understood and accepted these Terms and our Privacy Policy. If you do not agree, do not use the Service.
If you downloaded the app from the Apple App Store or Google Play, their terms also apply to you. Where those terms conflict with these, theirs prevail in respect of the distribution of the app.
2. Medical disclaimer
This is the most important section in this document. Please read all of it.
2.1 Not medical advice
The Service does not provide medical advice. Nothing in the app — no routine, no recipe, no calorie target, no chat reply, no coach suggestion, no progress figure — is a diagnosis, a treatment, a prescription, a therapeutic recommendation or professional medical or nutritional advice. It is general information produced automatically by software.
No doctor–patient, dietitian–client or trainer–client relationship is created between you and us by your use of the Service.
2.2 Consult a physician first
You must consult a qualified physician before starting any exercise programme or changing your diet, and particularly before following anything this app generates. Get medical clearance first. This matters most, and we ask you to take it most seriously, if any of the following applies to you:
- You have a heart condition, high or low blood pressure, chest pain, an irregular heartbeat, or any cardiovascular or respiratory disease.
- You are pregnant, think you may be pregnant, are trying to conceive, or have given birth recently.
- You have a current or past injury, joint problem, back or neck problem, hernia, or any musculoskeletal condition.
- You have diabetes, a metabolic, endocrine, kidney or liver condition, or any condition affected by diet.
- You have, or have ever had, an eating disorder, disordered eating, or a difficult relationship with food, weight or body image.
- You have a food allergy or intolerance, or any allergy that could cause a severe reaction.
- You are taking any medication, or receiving any medical treatment.
- You are under 18, or over 65, or returning to exercise after a long break.
- You have been advised by a healthcare professional not to exercise, or to exercise only in a specific way.
- You have any symptom or condition not listed here that could make exercise or a change of diet unsafe.
If you are not sure whether this applies to you, assume it does and ask a doctor.
2.3 Stop if something is wrong
Stop exercising immediately and seek medical help if you experience chest pain or pressure, pain radiating into the arm, neck or jaw, shortness of breath out of proportion to the effort, dizziness, faintness, blurred vision, nausea, an irregular or racing heartbeat, unusual fatigue, joint pain, sharp or sudden pain, numbness or tingling, or any other symptom that concerns you.
In an emergency, call your local emergency number (112 in Spain and across the EU). The Service is not an emergency service, cannot detect that you are unwell, and will never contact anyone on your behalf.
2.4 Nutrition specifically
Generated recipes, calorie targets and macronutrient targets are estimates produced by software. They are not a clinical nutrition plan.
- Nutritional values are calculated from a general food catalogue and will not exactly match the food you actually eat.
- Calorie and macronutrient targets are derived from the figures you entered. If those figures are wrong, the targets will be wrong.
- The app’s allergen filtering depends entirely on what you told it. It is not a safety system. Always read the actual ingredients of anything you eat.
- Never rely on the app to keep you away from an allergen. If you have a severe allergy, check every ingredient yourself.
- Restricted-calorie eating, fasting and significant dietary change can be harmful for some people and should be supervised by a doctor or a registered dietitian.
2.5 Pregnancy, eating disorders and minors
We single these out because the risk is highest.
- Pregnancy and the postpartum period. Do not follow a generated programme without the approval of your obstetrician or midwife. The app does not know you are pregnant, has no field to record it, and will not adapt anything for it.
- Eating disorders. Calorie tracking, weight tracking and streak mechanics can be harmful if you have or are at risk of an eating disorder. If that is you, please speak to a healthcare professional before using these features, and consider not using them at all. If you have or suspect you have an eating disorder, talk to a health professional; in an emergency, call 112.
- Minors. Anyone under 18 should train and eat under the supervision of both a parent or guardian and a doctor. Resistance training and dietary restriction during growth carry particular risks.
2.6 Supervision by qualified professionals
The Service is designed to be used alongside professional guidance, not instead of it.
Our content is a starting point to take to a professional — a doctor, a physiotherapist, a registered dietitian, or a certified trainer — who knows your history and can examine you. You are responsible for arranging that supervision. We do not provide it, we cannot provide it, and we do not verify that you have it.
3. What the service is — and what it is not
3.1 What we provide
The Service consists of two things, and only these two things:
- AI-generated training routines and nutrition guidance. Software generates workout routines, training plans, recipes and nutritional estimates based on the information you give us.
- Personal progress-tracking tools. Features that let you record and look at your own data: your workouts and the sets you log, your body weight over time, your daily calorie and macronutrient intake, and gamified progress indicators such as experience points, streaks and ranks. On iPhone, the app can also display resting heart rate, active calories and step count read from Apple Health, and on Apple Watch it can record a workout and show your live heart rate during it.
We are a facilitator. We provide the tool. What you do with it is your decision, taken with professional advice.
3.2 What we do not provide
Explicitly, the Service does not:
- diagnose any condition, illness, injury or deficiency;
- treat, cure, mitigate or prevent any condition;
- prescribe anything — not exercise as therapy, not a diet as treatment, not a supplement, not a medication;
- provide medical, physiotherapeutic, psychological, dietetic or any other regulated healthcare service;
- supervise your training or monitor your health;
- review your data for signs of illness, injury or risk;
- detect, warn about or respond to a medical emergency;
- employ or provide access to any healthcare professional;
- replace any consultation, examination or treatment.
3.3 No guarantee of results
We make no promise about results. Fitness and body-composition outcomes depend on genetics, health, consistency, sleep, stress, diet, existing conditions and many factors outside our control and outside the app’s knowledge. Nothing in the Service, in our marketing, or in any figure or projection shown in the app is a guarantee, a warranty or a representation about what you will achieve.
4. AI-generated content
4.1 It is generated by a machine
All training and nutrition content in the Service is generated by artificial intelligence. Specifically, large language models produce the routines, the training plans, the recipes, the food recognition, the chat replies and the coach’s questions and plans. Voice entries are transcribed by an automated speech model.
The current provider and models are named in our Privacy Policy, and may change.
4.2 Nobody reviews it before you see it
No qualified professional — no doctor, physiotherapist, dietitian or certified trainer — reviews AI-generated content before it reaches you. There is no human in the loop. The content is generated on request and delivered to you directly.
This is a deliberate description of how the Service works, not a disclaimer we hope you will skip.
4.3 It can be wrong
AI systems produce confident, fluent output that is sometimes simply incorrect. In this Service that may mean:
- an exercise that is inappropriate or unsafe for your body, your injuries or your experience;
- a load, volume or progression that is too much, or too little;
- a recipe with inaccurate nutritional values;
- a recipe containing something you should not eat, including an allergen, despite the filters we apply;
- advice that contradicts what a professional has told you;
- confident statements that are factually wrong;
- output that misunderstands what you asked.
We apply automated checks — generated recipes are validated against a schema, ingredients must come from a known food catalogue, and nutritional totals are calculated by our own code rather than by the model. These checks reduce certain kinds of error. They do not make the output correct, safe or suitable for you.
4.4 Your obligation to have it supervised
Because of the above, by using the Service you agree that you will have AI-generated content reviewed by a qualified professional before you act on it, and that you will follow your professional’s guidance over the app’s whenever they differ.
You are responsible for judging whether any generated content is appropriate for you. If something looks wrong, unsafe or unsuitable, do not do it. Ask a professional.
4.5 Accuracy of what you tell us
The output depends on your input. You agree to give accurate information about your age, weight, height, fitness level, dietary restrictions, allergies, injuries and limitations, and to keep it up to date. Inaccurate or incomplete information will produce inappropriate and potentially unsafe output. The app cannot tell when you have entered something wrong.
4.6 Automated processing
AI-generated content is a suggestion for you to consider and to review with a professional. It is not an automated decision that produces legal effects for you or otherwise significantly affects you within the meaning of GDPR Article 22.
5. Assumption of risk
Physical exercise carries inherent risk, including muscle strain, sprains, tears, fractures, joint and back injury, heat illness, dehydration, fainting, cardiac events, and in rare cases serious injury or death. Changing your diet also carries risk. These risks exist in any training programme, whoever designed it.
By using the Service, you acknowledge that:
- you understand these risks and choose to exercise voluntarily;
- you are physically capable of the activity you undertake, and have obtained medical clearance where section 2 says you should;
- you are responsible for your own safety: your technique, your equipment, your environment, your warm-up, the loads you choose, and your decision to stop;
- you will not exceed your limits because an app suggested a number;
- you will stop if something hurts or feels wrong;
- content in the Service is generated by software and unreviewed by a professional, and you accept the risk of acting on it.
If you train in a gym or any third-party facility, that facility’s rules and its own liability arrangements apply to you there.
6. Eligibility and age
You must be at least 16 years old to use the Service, or older if the age of digital consent or of contractual capacity in your country is higher.
16 applies in every market, with no local exception. Some countries set a lower age of digital consent — Spain sets 14 — and the GDPR permits member states to go as low as 13. The Service does not operate those lower thresholds. 16 is the ceiling of that range, so a single floor of 16 is at or above the local age of consent everywhere in the EU, and the Service applies it uniformly: there is no route to an account below 16 and no country-specific exception to request.
By using the Service you confirm that:
- you meet the age requirement above;
- you have the legal capacity to enter into this agreement;
- you are not barred from using the Service under any applicable law or sanctions regime;
- if you are under 18, a parent or guardian has consented and a doctor has approved your participation.
We do not verify your age. Your age is self-declared: you enter it yourself during onboarding, and the figure you enter is used to generate your routines and nutrition targets and to configure advertising. Entering a false age will produce unsuitable and potentially unsafe content, and may breach these Terms.
6.1 Users aged 16 and 17
In most jurisdictions, full legal capacity to enter into a contract begins at 18. A person of 16 or 17 may therefore use the Service, but cannot be bound by these Terms on their own.
If you are 16 or 17, you may use the Service only if a parent or legal guardian has read these Terms and accepted them on your behalf, and by using the Service you confirm that this is so. For those users:
- the parent or guardian accepts these Terms on your behalf, is bound by them alongside you, and is responsible for your use of the Service and for any amount payable under it;
- the parent or guardian must supervise your use of the Service and of the exercise and nutrition content it generates;
- a doctor must have approved your participation before you start, as required by section 2.2 and section 6. This is not a formality. The programmes and nutrition targets this app produces are machine-generated and unreviewed, they include resistance training and calorie targets, and adolescence is a period of active physical development in which unsupervised dietary restriction carries real risk;
- the parent or guardian may withdraw that consent at any time, may exercise every right in section 15 of the Privacy Policy on your behalf, and may ask us to delete the account by writing to soporte@gymmindia.app, which we will do; and
- where local law requires a different or additional form of authorisation for a minor, or sets the age of contractual capacity higher than 18, that law prevails over this section.
If no parent or guardian has consented, you must not use the Service. The app does not record the parent’s or guardian’s consent separately; it relies on your confirmation that it has been given.
7. Your account
7.1 Creating an account
You need an account to use the Service. You sign in with Google or Apple — we do not operate our own password system, and we never see or store a password for you. Your sign-in provider’s own terms govern that account.
7.2 Your responsibilities
You agree to:
- give accurate account information and keep it current;
- keep access to your device and your sign-in credentials secure;
- tell us promptly at soporte@gymmindia.app if you believe your account has been used without your permission;
- use one account for yourself only, and not share it.
You are responsible for everything that happens under your account.
7.3 One person, one body
The Service generates content for the person described in the profile. Do not use your account to generate programmes for somebody else. Content generated from your profile is not suitable for anyone with a different body, history or condition.
7.4 Devices you share
If you sign out, some of your workout data stays on the device so that nothing logged offline is lost. On a shared device, this may be visible to someone else who uses it. See the Privacy Policy. Delete the app to remove that data.
8. Acceptable use
You agree not to:
- use the Service for anything unlawful, or in breach of these Terms;
- present the Service, or anything it generates, as medical, dietetic or professional advice to anyone else;
- use the Service to provide training or nutrition services to third parties without our written agreement;
- misrepresent your age, health or identity;
- try to get the AI to produce unlawful, harmful, dangerous or abusive content, or attempt to bypass its safety behaviour;
- submit content that is unlawful, defamatory, abusive, hateful, obscene or infringing;
- reverse engineer, decompile or disassemble the app, or attempt to extract its source code, except to the extent that applicable law expressly permits it;
- probe, scan or test the security of our systems, or interfere with or disrupt them;
- access the Service by automated means, scrape it, or submit volumes of requests designed to burden it;
- circumvent any rate limit, access control, authentication mechanism or advertising control, including any technical measure relating to a paid ad-free option;
- copy, resell, sublicense or commercially exploit the Service or its content without our written permission;
- remove or obscure any proprietary notice.
We may suspend or terminate access for breach of this section, as section 13 describes.
9. Your content
9.1 What you own
You keep ownership of everything you put into the Service: your profile, your logged workouts, your custom routines and exercises, your notes, your nutrition entries and your messages to the AI (“Your Content”).
9.2 The permission you give us
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, process and display Your Content only so that we can operate the Service for you. This includes transmitting the relevant parts of it to our AI provider to generate the output you request, as the Privacy Policy describes.
This licence exists to run the Service and for nothing else. It ends when you delete the content or your account, except as described in section 9.4.
We do not use Your Content to train AI models.
9.3 Your responsibility for it
You confirm that you have the right to submit Your Content, and that it does not infringe anyone’s rights or break any law. Please do not put anything into free-text fields that you would not want stored — particularly health information beyond what the feature actually needs.
9.4 Content that outlives your account
Two kinds of content are kept and anonymised rather than deleted when you delete your account, because deleting them would destroy other users’ routines and history:
- custom exercises you created that other users are still using — kept as ordinary catalogue entries with the link to you removed;
- recipes you authored or that were generated for you — kept in the shared recipe catalogue with the links to your account removed.
For these, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to continue using them in the Service after your account is gone. Exercises nobody else is using are deleted outright. Section 13.2 of the Privacy Policy explains this in full.
You should also know that a recipe generated for you is stored in a shared catalogue, and if you left your allergy notes empty it may later be shown to another user with matching targets. The recipe is shared; your identity and your profile are not.
10. Intellectual property
10.1 Ours
The Service — the app, its design, its code, its interface, its text, its graphics, its exercise catalogue, its food catalogue, its prompts, its trade marks and the name GymMind IA — belongs to us or to our licensors, and is protected by intellectual property law.
We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to install and use the app on devices you own or control, for your own personal, non-commercial use, subject to these Terms. That is the only right you get; everything else is reserved.
10.2 AI-generated output
Routines, plans and recipes generated for you may be used by you for your own personal, non-commercial purposes.
Two honest caveats. First, the legal status of machine-generated output is unsettled in most jurisdictions and we make no claim about whether copyright subsists in it or who would own it. Second, the same or similar output may be generated for other users, and generated recipes are stored in a shared catalogue that other users may see. You are not granted exclusivity over anything the AI produces.
10.3 Third-party material
The Service includes third-party material under licence, including exercise catalogue data, food data, and recipe photographs from Pexels. Those materials remain the property of their owners and may be subject to their own licence terms:
- Exercise images and data come from the free-exercise-db project, released into the public domain under the Unlicense, and are loaded from the jsDelivr content delivery network.
- Food data comes from USDA FoodData Central, which is in the public domain.
- Recipe photographs come from Pexels and are used under the Pexels licence; the photographer is credited in the app.
- The recipe catalogue is written by us, apart from recipes generated by AI.
- The Inter and Bebas Neue fonts are used under the SIL Open Font License.
10.4 Reporting infringement
If you believe something in the Service infringes your rights, write to soporte@gymmindia.app with enough detail to identify the material and your claim.
11. Advertising and the planned ad-free option
11.1 Advertising
The Service is supported by advertising, delivered through Google AdMob.
- We request non-personalised advertising only. We do not build advertising profiles about you.
- We never use your health, workout, nutrition or Apple Health data for advertising, and we never share it with advertising partners.
- You will be asked for advertising consent through Google’s consent form. Declining does not restrict your use of the Service.
- We do not track you across other companies’ apps and websites, and the app therefore does not show Apple’s App Tracking Transparency prompt.
- Ads are shown at most 4 times per app session and 8 times per day, and not on the screen of an active workout, except a banner on the rest timer and an ad at the transition between exercises.
- Advertisements come from third parties. We do not endorse them and we are not responsible for advertisers’ products, services, claims or websites. Dealings with an advertiser are between you and them.
- Be particularly careful with health, supplement, diet and fitness advertising. An advertisement appearing in this app is not a recommendation by us, and some such products are unsafe or unsupported by evidence. Ask a professional.
Section 8 of the Privacy Policy explains the data involved, including what “non-personalised” does and does not mean.
11.2 The planned ad-free option
We intend to offer a paid option to remove advertising in a future version.
To be clear about what that is and is not: it is a plan, not a commitment. We are not stating a price, a date, a platform or a feature set, and nothing here obliges us to release it. If and when it launches, it will have its own purchase terms, which will cover price, billing, renewal, refunds and cancellation, and those will be presented to you before you buy anything.
Today no purchase is possible within the Service. We do not take payments and we hold no payment data. Any paid feature will be sold through the Apple App Store or Google Play, and their purchase, billing and refund policies will apply.
12. Availability and changes to the service
12.1 Availability
We aim to keep the Service available, but we provide it “as is” and “as available”. We do not guarantee that it will be uninterrupted, timely, error-free or secure. It may be unavailable for maintenance, updates, technical problems or reasons outside our control.
The Service needs an internet connection for most functions. Some workout logging works offline and syncs later; sync is not guaranteed, and you should not treat the app as your only record of anything you care about.
The Service also depends on third parties — our AI provider (Groq), Google and Apple’s authentication services, our hosting provider (Oracle Cloud Infrastructure), and the app distribution platforms. If one of them fails or changes, parts of the Service may stop working.
12.2 Changes
We may change, add to, suspend or remove any part of the Service at any time. We may also deliver updates automatically. We will give reasonable notice of a change that materially reduces functionality you rely on, unless the change is needed for security, legal compliance or to fix a fault.
We may stop offering the Service altogether. If we do, we will give you reasonable advance notice and a reasonable opportunity to export your data.
12.3 Your data is your responsibility too
Please keep your own copies of anything important. We do not currently make backups of the Service’s database, so data lost through a server failure may not be recoverable; we may introduce backups in the future. You can ask us for an export at any time (see section 15 of the Privacy Policy). We are not liable for data lost through device failure, your own deletion, loss of the device, or a sync failure.
13. Termination
13.1 By you
You may stop using the Service at any time, and you may delete your account from the profile screen in the app. Deletion is permanent and cannot be undone. Section 13 of the Privacy Policy sets out exactly what is deleted, what is anonymised and kept, and what deletion does not reach.
13.2 By us
We may suspend or terminate your access if:
- you materially breach these Terms, in particular section 8;
- you do not meet the age requirement in section 6;
- your use creates a legal, safety or security risk for us, for you or for other users;
- we are required to do so by law; or
- we discontinue the Service under section 12.2.
Except where the breach is serious, unlawful or urgent, we will give you notice and, where it is appropriate, an opportunity to put things right. Where we terminate your account other than for your breach, we will give you a reasonable opportunity to export your data first.
13.3 What survives
Sections 2, 4, 5, 9.4, 10, 14, 15, 19 and 20 survive termination.
14. Limitation of liability
This section is written to be enforceable rather than maximal.
14.1 What we never limit
Nothing in these Terms limits or excludes our liability for:
- death or personal injury;
- fraud or fraudulent misrepresentation;
- gross negligence or wilful misconduct;
- any liability that applicable law does not permit us to limit or exclude, including your non-waivable rights as a consumer.
14.2 What we are not responsible for
Subject to section 14.1, we are not liable for:
- your decision to follow AI-generated content without having it reviewed by a qualified professional, as sections 2 and 4 require;
- your own acts or omissions while exercising, including your technique, the loads you choose, your environment and your decision to continue despite symptoms;
- inaccurate information you gave us, or your failure to disclose a condition, injury or allergy;
- advice from, or the conduct of, a third party — a gym, a trainer, a professional, an advertiser or another user;
- consequences of a pre-existing condition we had no way of knowing about;
- failures of third-party services we depend on, where the failure is not our fault;
- loss of data caused by your device, your deletion, or a sync failure beyond our reasonable control.
14.3 Excluded loss
Subject to section 14.1, and to the extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive loss, nor for loss of profit, revenue, business, goodwill or anticipated savings, however arising.
14.4 Cap
Subject to section 14.1, and to the extent permitted by law, our total aggregate liability arising out of or in connection with the Service is limited to the greater of:
- the total amount you paid us for the Service in the 12 months before the event giving rise to the claim; or
- EUR 100.
The Service is currently provided free of charge, which means the first limb is zero and the second limb is what applies.
15. Indemnity
To the extent permitted by law, you agree to indemnify us against claims, losses and reasonable costs arising from:
- your breach of these Terms;
- your use of the Service in a way these Terms do not permit;
- content you submit that infringes a third party’s rights or breaks the law;
- your provision of AI-generated content to another person as if it were professional advice.
This does not apply to the extent the claim arises from our own breach, negligence or wrongdoing, and it does not reduce the rights you have as a consumer.
16. Your consumer rights
If you are a consumer, you have rights under the law of your country that these Terms do not affect. Nothing here removes or limits your statutory rights.
In the European Union and Spain, these include rights under Directive 93/13/EEC on unfair terms, Directive (EU) 2019/770 on digital content and digital services, and the Spanish consumer code (Royal Legislative Decree 1/2007, TRLGDCU). If any term in this document conflicts with a non-waivable consumer right, your statutory right prevails and the term applies only to the extent the law permits.
Under EU law you also have the right to bring proceedings in the courts of the country where you live, whatever section 19 says.
Right of withdrawal. The Service is currently free of charge, so there is no purchase to withdraw from. When a paid option is offered, we will describe your 14-day right of withdrawal for distance contracts, and how to exercise it, before you buy anything.
17. Privacy
Our Privacy Policy explains what we collect, why, who receives it, and the rights you have. It forms part of these Terms.
Two points are worth repeating here:
- We process health data about you, which is a special category of personal data under GDPR Article 9, on the basis of your explicit consent. You can withdraw that consent at any time, and withdrawing it means we can no longer provide the routine and nutrition features.
- Text you type into the AI features is sent to a third-party AI provider outside the EU in order to generate a reply. Section 7 of the Privacy Policy sets out exactly what is sent for each feature.
18. Changes to these Terms
We may update these Terms. When we do:
- we will post the new version in the app and at https://gymmindia.app/en/terms/, and update the date at the top;
- for material changes we will notify you in the app at least 30 days before they take effect;
- if you keep using the Service after a change takes effect, you accept the new Terms;
- if you do not accept a change, stop using the Service and delete your account;
- we will not apply a change retroactively to a dispute that has already arisen.
19. Governing law and disputes
19.1 Governing law
These Terms are governed by Spanish law, without prejudice to section 16.
If you are a consumer resident in the European Union, this choice of law does not deprive you of the protection of the mandatory consumer law of your country of residence.
19.2 Talk to us first
If something goes wrong, please contact us at soporte@gymmindia.app before starting any formal proceedings. Most problems can be sorted out quickly, and we would rather fix it than litigate.
19.3 Courts
Subject to section 16, disputes will be decided by the Spanish courts.
If you are a consumer, you may always bring proceedings in the courts of the place where you are domiciled, and we may bring proceedings against you only there.
19.4 Alternative dispute resolution
The provider is not adhered to any consumer arbitration or mediation scheme. This does not affect your right to go to the courts as described above.
20. General
- Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the Service, and replace any earlier understanding.
- Severability. If a provision is held invalid or unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed. The rest stays in force.
- No waiver. If we do not enforce a right, we do not waive it.
- Assignment. You may not transfer your rights under these Terms. We may assign ours to a successor in a merger, acquisition or sale of assets, provided your rights are not reduced.
- No third-party rights. Nobody other than you and us may enforce these Terms.
- Force majeure. Neither of us is liable for a failure to perform caused by an event beyond our reasonable control.
- Notices. We may notify you in the app or by email. You may notify us at soporte@gymmindia.app.
- Language. These Terms are published in English and Spanish. If the two versions differ, the Spanish version prevails.
- Apple-specific. If you obtained the app from the Apple App Store: this agreement is between you and us, not Apple; Apple has no obligation to furnish maintenance or support; Apple is not responsible for any claim relating to the app; and Apple and its subsidiaries are third-party beneficiaries of this clause and may enforce it.
21. Contact
| Provider | Daniel David Bernal Oropeza |
| NIF/NIE | Z1341140S |
| Postal address | Cuesta Lozal 7, 2C, 23400 Úbeda (Jaén), Spain |
| General and legal enquiries, support, privacy and data rights | soporte@gymmindia.app |
| Website | https://gymmindia.app |
See also our Privacy Policy.