Terms of Service

Gymony Last updated: 26 June 2025 Effective date: 26 June 2025

Introduction and Acceptance
Eligibility
Health and Safety Disclaimer
Account Registration
Subscription and Billing
No Refund Policy and Waiver of Withdrawal Right
Acceptable Use
Intellectual Property
Termination
Limitation of Liability
Disclaimers
Governing Law and Disputes
Changes to These Terms
Contact

1. Introduction and Acceptance

These Terms of Service govern your access to and use of Gymony, a fitness application operated by Dawid Stefański Softyal (trade name: Gymony), ul. Czermińskiego 28, 26-400 Przysucha, Poland, VAT ID: PL5273143043 ("we", "us", "Gymony").

By tapping or clicking the registration button you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 16 years old to use Gymony. By creating an account you represent that you meet this requirement. If you are between 16 and 18, you represent that you have your parent or guardian's permission.

Gymony is not available to persons previously banned from the Service for violations of these Terms.

3. Health and Safety Disclaimer

Please read this section carefully.

Gymony provides personalised training plans and exercise guidance for informational purposes only. The Service does not provide medical advice, diagnosis, or treatment. Training plans provided by Gymony are not a substitute for advice from a qualified physician, physiotherapist, or certified fitness professional.

Before beginning any exercise programme, consult with your physician, especially if you have pre-existing medical conditions, injuries, cardiovascular conditions, or have been inactive for an extended period. Stop exercising immediately and seek medical attention if you experience chest pain, severe shortness of breath, dizziness, or any unusual symptoms.

By using Gymony you acknowledge that:

Physical exercise involves inherent risk of injury
You voluntarily participate in physical activity
You assume all risks associated with your use of training plans provided by the Service
Gymony and Dawid Stefański Softyal are not liable for any injury, illness, or adverse outcome resulting from following plans generated by the Service

4. Account Registration

You must provide accurate and complete information when creating your account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately at support@gymony.app if you suspect unauthorised access.

Accounts are personal and non-transferable. One person may not maintain more than one active account unless expressly permitted by a product feature offered by Gymony.

5. Subscription and Billing

5.1 Subscription Plans

Gymony offers subscription plans including:

Monthly: $9.90 per month
Annual: $79.00 per year (billed annually)

All prices are in USD. The price confirmed at checkout is the price you will be charged for your current billing period. We reserve the right to change pricing for new subscriptions with at least 30 days notice to existing subscribers by email before any change affects their active subscription. Current pricing is always displayed on our website before checkout.

5.2 Free Tier

Gymony may offer a free tier with limited functionality. Features available on the free tier may change at any time with reasonable notice.

5.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. By subscribing you authorise us to charge your payment method on a recurring basis until you cancel.

5.4 Cancellation

You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period and you retain access until then.

5.5 Failed Payments

If a payment fails, our payment processor will retry automatically. If payment cannot be collected after multiple attempts, your subscription will be cancelled and your access downgraded to the free tier.

5.6 Taxes

All prices are inclusive of applicable VAT. The price shown is the price you pay regardless of your location.

6. No Refund Policy and Waiver of Withdrawal Right

Gymony does not offer refunds.

Gymony is a digital service that begins immediately upon payment. Under EU consumer law (Article 16(m) of the EU Consumer Rights Directive 2011/83/EU), you normally have 14 days to cancel a purchase. For digital services that start immediately upon payment, this right can be waived if you explicitly agree before purchase - which you do via the checkbox at checkout.

At the point of purchase you are required to explicitly acknowledge:

That the digital service begins immediately upon payment
That you expressly waive your 14-day right of withdrawal
That you will not be entitled to a refund once the service has commenced

This acknowledgment is captured via a mandatory checkbox presented at checkout before payment is processed.

This acknowledgment is a condition of completing your purchase.

We reserve the right to issue refunds at our sole discretion in exceptional circumstances. This does not create any obligation or precedent.

Nothing in this section affects your statutory rights in cases of defective service or our failure to provide the Service as described.

7. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose
Attempt to gain unauthorised access to any part of the Service or its infrastructure
Reverse engineer, decompile, or attempt to extract the source code of the Service
Scrape or systematically extract data from the Service without our written permission
Use the Service to transmit spam, malware, or harmful content
Impersonate any person or entity
Share your account credentials with others

8. Intellectual Property

Gymony, including its design, code, content, and trademarks, is owned by Dawid Stefański Softyal or its licensors. Nothing in these Terms grants you ownership rights in the Service.

You retain ownership of the personal data you input into Gymony. By using the Service you grant us a limited licence to process this data solely to provide the Service to you as described in our Privacy Policy.

If you provide feedback or suggestions, you grant us a permanent, free licence to use that feedback to improve the Service.

9. Termination

You may delete your account at any time through your account settings.

Before deleting your account you may request an export of your personal data by contacting support@gymony.app. We will provide your data in a machine-readable format within 30 days of your request.

In the event the Service is permanently discontinued, we will provide reasonable advance notice and an opportunity to export your data before closure.

We may suspend or terminate your account if you violate these Terms, engage in fraudulent or abusive behaviour, fail to pay subscription fees, or provide false registration information. Where possible we will provide reasonable notice before termination.

Upon termination your right to use the Service ceases immediately. No refund is provided for any remaining billing period upon termination for cause. Sections 3, 6, 8, 10, 11, and 12 survive termination.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Gymony and Dawid Stefański Softyal shall not be liable for any indirect, incidental, special, consequential, or punitive damages (losses that are indirect or unforeseeable, such as lost profits or data loss) arising from your use of or inability to use the Service.

Our total liability to you for any claim shall not exceed the greater of: (a) the total amount you paid us in the 12 months preceding the claim, or (b) EUR 100.

Nothing in these Terms limits liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded under mandatory applicable law.

These limitations do not affect your statutory rights as a consumer under EU law or applicable Polish consumer protection law.

11. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind. We do not warrant that the Service will be uninterrupted or error-free, that training plans will achieve any specific fitness result, or that the Service will meet your specific requirements.

12. Governing Law and Disputes

These Terms are governed by the laws of Poland and applicable EU law.

The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr. You may also have the right to use out-of-court dispute resolution before a Polish consumer arbitration body (Stały Polubowny Sąd Konsumencki - Polish Consumer Arbitration Court).

Any disputes not resolved amicably shall be subject to the jurisdiction of the competent courts of Poland, without prejudice to your right as an EU consumer to bring proceedings in your country of residence.

13. Changes to These Terms

We will notify you of material changes by email or in-app notice at least 30 days before changes take effect. Continued use of the Service after changes take effect constitutes acceptance.

14. Contact

Email: support@gymony.app Address: Dawid Stefański Softyal, ul. Czermińskiego 28, 26-400 Przysucha, Poland