Terms of Use
Last updated: July 17, 2024
These Terms and Conditions of Use (“Terms of Use”) govern the use of the Gym WP application, owned by LEAL APPS LTDA, headquartered in Belo Horizonte/MG, Brazil, registered under CNPJ no. 30.640.305/0001-29, which can be contacted at contact@gymwp.app.
1. Definitions
1.1. Without prejudice to the other definitions contained in these Terms, the words listed below are used in various parts of this document, in the singular or plural, always with the meaning defined here:
Gym WP: a muscle-definition and well-being platform that helps the user manage workouts, supplement intake, physical activities, and related matters.
Leal Apps: the company that owns and is responsible for the Gym WP application.
User: any natural person who uses Gym WP, whether or not creating an account, and who accepts the service conditions listed in these Terms of Use, including the inherent rights and obligations.
Services: any feature and/or content made available by Gym WP.
Gym WP Content: any form of information, data, or creative expression, including, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, “likes”, comments, software, scripts, executable files, routes, workouts and workout data, biometric data and elements derived from them, meal or training plans, notes, nutritional information, recipes, interactive features, designs, copyrights, trademarks, service marks, logos and other similar assets, patents, sounds, applications, and any intellectual property generated, provided, or made available by Gym WP.
User-Generated Content: any content, including content of the same nature as Gym WP Content, generated by users through interaction with Gym WP, including, without limitation, meal logs, the creation of workout routines, and the addition of supplement information to the database.
Content: the combination of Gym WP Content and User-Generated Content.
Free Version: the basic version of the application that provides limited content and features, free of charge and on a trial basis, to users.
Premium Version: the paid version of the application, which provides enhanced and exclusive content and features.
Premium Content/Feature: content or functionality available after activating a premium subscription, such as tracking, guidance on muscle definition and well-being, conditioning activities, and workout planning, among others.
Account: registration on our platform, via email or third-party authentication (Facebook, Google, iCloud, etc.).
Free Trial: access to the Premium Version for a period, with details specified at the time of joining the offer.
Payment Method: the means chosen to purchase and pay for the Premium Version, usually integrated with the stores (Google Play and App Store).
2. Use of Gym WP
2.1. By using Gym WP, you declare that you have read, understood, and agreed to these Terms of Use in all their aspects and conditions, freely and independently of any fraud, coercion, or mental reservation, and that your intention to register and/or use Gym WP is not related to any other manifestation, warranty, or statement beyond those established in this document.
2.2. You must be at least 18 years old to use the Services. No individual under 18 years of age may use the Services or provide us with Personal Data (as defined in the Privacy Policy).
3. Account Creation
3.1. When creating an account on Gym WP, you must provide accurate and complete information, as requested by the registration process, and keep it up to date. Otherwise, some of our Services may not function properly and we may not be able to contact you with important notices.
3.2. You are responsible for maintaining the confidentiality of any and all actions that occur during the use of your account and must immediately notify our support team of any suspected loss, theft, or unauthorized use of your account or password. We are not responsible for any loss resulting from the unauthorized use of your username and password.
3.3. You may create an account through various third-party services, such as social networks. To use these features, we may ask you to authenticate, register, or log in to the social network services at the respective providers. As part of this integration, the social network services will provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy.
4. Availability and Limitations of the Services
4.1. To use or access Gym WP, you will need a compatible device. We cannot guarantee that the Application is partially or fully compatible with your device.
4.2. We may provide updates (including automatic updates) for certain Services, when and how we deem appropriate. This may include updates, modifications, bug fixes, improvements, and new features.
4.3. Certain parts of our Services may not function properly if all updates are not installed. You acknowledge and agree that the Services may not function properly if you do not allow such updates, and you expressly agree to automatic updates. Furthermore, you agree that the Terms (and any additional modifications to them) will apply to any and all updates of the Services.
4.4. We may change, suspend, or discontinue any of the Services at any time, including the availability of any product, feature, database, or Content. We have no obligation to provide updates or to continue providing or enabling any specific features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without prior notice or liability.
5. Data Security and Availability
5.1. Although Leal Apps works to protect the security of your Personal Data and your account, we cannot guarantee that our security measures will not be circumvented by third parties. Inform our support team immediately of any suspected or actual breach, or unauthorized access or use of your account.
5.2. Although Leal Apps strives to improve the user experience and the way data is stored, it is not possible to guarantee that the information entered will be available throughout the entire time of use of the platform, and it may eventually be deleted without prior notice. Thus, it is the sole responsibility of the User to keep a copy of all data and reports issued by Gym WP that they wish to retain.
6. Ownership and Use of Content
6.1. Gym WP Content. All Gym WP Content and all copyrights, trademarks, design rights, patents, and other intellectual property rights (registered and unregistered) of the Services belong to Leal Apps. Except as expressly provided in these Terms of Use, nothing grants you any right or license to use any Content. You agree not to duplicate, publish, display, distribute, modify, or create derivative works of the material presented through the Services, except with specific written authorization from us.
6.1.2. Except as expressly permitted by applicable law or authorized by Leal Apps, you agree not to modify, rent, lend, sell, distribute, or create derivative works based on the Services, the Services' software, or any Content, in whole or in part. It is prohibited to download, copy, or save Gym WP Content, except (i) where expressly permitted by the functionality of certain Services or (ii) solely for personal use or your records.
6.2. User-Generated Content. By providing User-Generated Content to Gym WP, you grant Leal Apps and Gym WP users a worldwide, non-exclusive, irrevocable, royalty-free, and freely transferable license and right to use, host, store, reproduce, publish, display, distribute, transmit, modify, adapt, commercialize, create derivative works, and otherwise exploit such content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the publication of User-Generated Content as we see fit; (b) we have no obligation to provide credit when using your content; and (c) you are not entitled to any compensation or payment for the use of your content.
6.2.3. We reserve the right to monitor, remove, or modify User-Generated Content for any reason and at any time, including content that we believe violates these Terms, the Community Guidelines, and/or our policies.
6.3. Intellectual property. If you believe that User-Generated Content or Gym WP Content infringes copyright or trademark rights under national law, notify us immediately by sending an email with all details to contact@gymwp.app. It is our policy to investigate all infringement claims submitted to us.
7. Premium Version
7.1. We offer a Premium Version for users who choose to subscribe to a paid version of Gym WP. By subscribing to and using the Premium Version, you agree to our Terms and any additional terms and conditions provided herein.
7.2. The Premium Version gives access to certain enhanced content, features, and functionality. By subscribing to and using the Premium Version, including joining free trials, you agree to pay any applicable fees or charges.
7.3. Except in rare cases, all amounts related to the Premium Version are paid in advance and will be charged automatically according to the Payment Method at the beginning of the subscription period (weekly, monthly, quarterly, semi-annually, or annually). Unless otherwise stated, Premium Services will renew automatically until you choose to cancel access.
7.4. All purchases of Premium Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service.
7.6. You may cancel the Premium Version at any time. The cancellation will take effect at the end of the current billing cycle, and you will retain the same level of access for the remainder of that cycle.
7.9. Deleting the User's account does not automatically cancel the active subscription. To learn how to cancel the recurring charge, please visit our Help Center.
7.10. In the event of any liability of Leal Apps, the amount to be paid by it will not exceed the amount paid by the User for the use of the platform.
8. Promotions and Discounts
8.1. Discount codes, coupons, and gifts cannot be combined with any other sale, promotion, or coupon, and cannot be exchanged, refunded, replaced, or redeemed for cash.
8.2. A payment method may be required to redeem a discount code or coupon. It is your responsibility to use the code, coupon, or gift before expiration; expired codes cannot be refunded or extended.
9. Free Trial
9.1. We may offer free trials of the Premium Version or other promotional offers. The Free Trial gives access to the Premium Services for a period, with details specified at the time of joining. Your Free Trial will begin after the submission of payment information. You will not be charged until the end of the trial period.
9.2. Unless you cancel before the end of the Free Trial, your access to the Premium Service will continue automatically and the applicable fees will be charged to the Payment Method provided.
9.3. If you decide not to become a paying user, cancel the subscription before the end of the Free Trial period.
10. Disclaimer of Liability
10.1. You should consult healthcare professionals and consider the associated risks before using our Services relating to any content aimed at muscle definition, supplementation, or well-being. By using Gym WP, you represent and warrant that you have received your doctor's consent to participate in and follow workout recommendations or related activities.
10.2. You also represent and warrant that you have consulted your doctor before making any change to your diet based on the information available on Gym WP. If you choose to use Gym WP, you do so voluntarily, assuming all risks associated with such activities.
10.3. Except as provided in these Terms and to the maximum extent permitted by applicable law, we are not responsible, directly or indirectly, for any damages or losses suffered as a result of the use of, or inability to use, any Services or features.
11. Accuracy and Reliability of Content
11.1. We make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any content available through Gym WP, and we do not undertake to update such content.
11.2. In particular, the Gym WP workout database contains a combination of exercise information entered by users. The information has not been reviewed by people with the necessary knowledge to provide complete, accurate, or reliable information.
11.4. Any and all services provided through the Services (including, without limitation, the Content) are for informational purposes only. Gym WP is not a platform created or used by doctors, and Leal Apps does not provide medical services. Nothing contained in Gym WP should be interpreted as medical advice or diagnosis. USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND LEAL APPS.
11.5. Seek the guidance of a doctor or healthcare professional regarding any questions you may have about your health before starting any workout, exercise, or other activities or conditioning or well-being plans.
12. Deletion of User Data
12.1. The Gym WP application stores the user's personal data during the period of use. The user can delete all data from their account permanently and irrecoverably. The user can choose to delete their data through the Gym WP application itself or request deletion by email at contact@gymwp.app.
13. Warranties
13.1. EXCEPT WHERE PROHIBITED BY LAW, LEAL APPS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”.
14. Changes to the Terms of Use
14.1. We reserve the right to modify these Terms of Use by (i) publishing the revised Terms on the Services and/or (ii) informing you in advance of material changes, generally by email when practicable, and otherwise through Gym WP. Changes will not apply retroactively unless required by law.
14.2. We will ask you to review and explicitly agree to, or reject, a revised version of the Terms. Your choice to keep an account, access, or use our services after the specified date constitutes your acceptance of the terms as amended.
Privacy Policy
This privacy policy applies to the Gym WP application (“Application”) for mobile devices, created by Leal Apps (“Service Provider”) as a Freemium service. This service is intended for use “AS IS”.
Information Collection and Use
The Application collects information when you download and use it. This information may include:
- Your device's Internet Protocol address (e.g., IP address);
- The Application pages you visit, the date and time of the visit, and the time spent on them;
- The time spent on the Application;
- The operating system used on your mobile device.
The Application does not collect precise information about the location of your mobile device.
The Service Provider may use the information provided to contact you periodically in order to send you important information, required notices, and marketing promotions. For a better experience, while using the Application, the Service Provider may request certain personally identifiable information, including, without limitation, email, age, and gender.
Third-Party Access
Only aggregated and anonymized data is periodically transmitted to external services to help the Service Provider improve the Application. The Application uses third-party services that have their own Privacy Policies. Below are the links to the policies of the third-party providers used:
The Service Provider may disclose the information provided by the user and collected automatically: as required by law, such as to comply with a subpoena or similar legal process; when it believes, in good faith, that disclosure is necessary to protect its rights, its safety or that of others, investigate fraud, or respond to a government request; and with trusted service providers acting on its behalf.
Opt-Out Rights
You can stop all information collection by the Application easily by uninstalling it, through the standard uninstall processes available on your device or in the app store.
Data Retention Policy
The Service Provider will retain the data provided by the user for as long as you use the Application and for a reasonable period thereafter. If you want the data you provided to be deleted, please contact us by email at contact@gymwp.app and we will respond within a reasonable time.
Children
The Service Provider does not use the Application to knowingly solicit data from or market to children under the age of 13. The Application is not directed to anyone under 13. If the Service Provider discovers that a child under 13 has provided personal information, such data will be immediately deleted from the servers. Parents or guardians who become aware of such a situation should contact us by email at contact@gymwp.app.
Security
The Service Provider values the confidentiality of your information and provides physical, electronic, and procedural safeguards to protect the information it processes and maintains.
Cookies on this website
This section is about the gymwp.app website, not the app.
The website uses Google cookies for two purposes, and they are treated differently:
- Measurement (Google Analytics): which pages are viewed, where visitors come from. This stays on — without it there is no way to know what works on the page. It does not identify you and is not used for advertising.
- Advertising (Google Ads): measuring the results of the ads that bring visitors here. Only with your permission.
If you visit from the European Economic Area, the United Kingdom or Switzerland, advertising cookies stay blocked until you decide: a notice appears on your first visit. Outside those regions they are used from the start, and you can turn them off at any time.
To change your mind, use the Cookie preferences link in the footer of any page. Withdrawing consent is as simple as giving it.
Changes
This Privacy Policy may be updated periodically for any reason. The Service Provider will notify you of any changes by updating this page. We recommend reviewing this Policy regularly, as continued use is considered approval of all changes. This privacy policy is effective as of 07/11/2024.
Your Consent
By using the Application, you consent to the processing of your information as set forth in this Privacy Policy, now and as amended by us.
Contact Us
If you have questions about privacy while using the Application or about our practices, please contact the Service Provider by email at contact@gymwp.app.