Terms of Service
The terms that govern your use of GymTree Trainee.
1. Acceptance of Terms
By using the GymTree Trainee application ("GymTree", the "App", or the "Service"), you agree to these Terms of Service and End-User License Agreement ("Terms"). If you do not agree to these Terms, do not use the App.
These Terms are a legally binding agreement between you ("User") and Matteo Dante ("Provider", "we", "us", or "our").
2. Service Description
GymTree Trainee is a mobile fitness and wellness app that helps users create, manage, and track workout programs, diet plans, and personal progress.
The Service may include, depending on the version available:
- creation and management of workout programs;
- creation and management of diet plans and nutrition goals;
- tracking of workouts, progress, weight, measurements, photos, and check-ins;
- AI-powered features to generate, digitize, or adapt programs and plans;
- a conversational AI Coach for informational, motivational, and support purposes.
Some features may be free, limited, or available only through a PRO subscription or other in-app purchases.
3. Informational Nature: No Medical Advice
GymTree is not a medical device and does not provide medical advice, diagnosis, therapy, prescriptions, or healthcare treatment.
App content, including workout programs, diet plans, AI Coach responses, estimates, suggestions, image analysis, and notifications, is provided only for general wellness information and support. It does not replace advice from a doctor, nutritionist, dietitian, physiotherapist, qualified personal trainer, or other healthcare professional.
Before starting or changing any workout program or diet plan, consult a qualified professional, especially if you have medical conditions, are pregnant or breastfeeding, take medication, have injuries, have eating disorders, are underage, or have any health concerns.
Stop exercising immediately and seek medical help if you experience pain, dizziness, shortness of breath, fainting, chest pain, or other unusual symptoms.
4. Account and Age Requirements
To use some features, you may need to create an account through Sign in with Apple, Sign in with Google, or other supported methods. You are responsible for the accuracy of the information you provide and for activity under your account.
You must be at least 16 years old to use GymTree. If you are under 18, you may use the App only with the consent and supervision of a parent or legal guardian.
You may delete your account from the Profile/Settings area of the App, where available. Account deletion does not automatically cancel subscriptions managed by Apple; you must cancel your subscription separately through your Apple ID settings.
5. License to Use the App
We grant you a personal, limited, revocable, non-exclusive, non-transferable license to download, install, and use the App on Apple-branded devices that you own or control, in accordance with these Terms and the App Store rules.
You may not sell, sublicense, copy, distribute, modify, decompile, reverse engineer, or attempt to extract the source code of the App, except where permitted by applicable law.
6. PRO Subscription and In-App Purchases
6.1 Prices, Duration, and Included Features
GymTree may offer an auto-renewable PRO subscription and/or other in-app purchases. The price, duration, free trial if any, renewal terms, and included features are shown on the purchase screen before confirmation and may vary by country, currency, promotions, and App Store Connect settings.
6.2 Payment and Auto-Renewal
Payments are handled by Apple through your Apple ID. The subscription automatically renews at the end of each period unless canceled at least 24 hours before the end of the current period. The renewal charge may occur within 24 hours before the end of the current period, according to Apple’s rules.
6.3 Cancellation and Management
You can manage or cancel your subscription at any time in your Apple ID settings: Settings → [your name] → Subscriptions. Cancellation prevents future renewals but does not automatically entitle you to a refund for the period already started; PRO access usually continues until the end of the paid period.
6.4 Refunds
Refund requests must be submitted to Apple through Apple’s official channels. The Provider cannot guarantee or directly process refunds for App Store purchases.
7. Artificial Intelligence
Some GymTree features use artificial intelligence systems, including systems provided by third parties such as OpenAI, to generate text, programs, diet plans, analysis, or coaching responses.
AI-generated content may be incomplete, outdated, inaccurate, or unsuitable for your situation. You must evaluate it critically and must not treat it as medical, nutritional, professional advice, or as a guarantee of results.
Do not use the AI Coach for medical emergencies, diagnosis, treatment of physical or mental health conditions, eating disorders, or decisions requiring a qualified professional.
8. Data and Privacy
Our processing of personal data is described in our Privacy Policy. By using the App, you acknowledge that you have read the Privacy Policy.
If a feature requires sensitive data or health/fitness-related data, we may ask for separate explicit consent. You may withdraw consent as described in the Privacy Policy; some features may not be available without such data.
9. User Content
You retain ownership of data, images, notes, messages, programs, and other content that you upload or enter into the App ("User Content").
You grant us a limited, non-exclusive, royalty-free, worldwide license to use User Content only as necessary to provide, protect, maintain, and improve the Service for you, in accordance with the Privacy Policy.
Do not upload illegal, offensive, infringing, unauthorized content or content containing other people’s data without their consent.
10. Acceptable Use
You agree not to:
- use the App for illegal, fraudulent, harmful, or abusive purposes;
- attempt to access accounts, systems, or data of other users;
- bypass limits, security controls, payment systems, or App restrictions;
- use unauthorized bots, scrapers, or automated systems;
- interfere with the operation of the App or servers;
- provide false or misleading information;
- share or resell your account or PRO access.
We may suspend or terminate accounts in case of Terms violations, security risks, abuse, fraudulent use, or legal obligations.
11. Intellectual Property
The App, software, design, trademarks, logos, interfaces, non-user content, features, and all other elements of the Service are owned by the Provider or respective licensors and are protected by applicable laws.
No rights are transferred to you other than the limited license granted under these Terms.
12. Third-Party Services
The App may integrate third-party services, including Apple, Google, OpenAI, hosting, diagnostics, notification, or payment providers. Your use of those services may be subject to third-party terms and privacy policies. We are not responsible for third-party services outside our control.
13. Support, Maintenance, and Apple
The Provider is responsible for App support and maintenance to the extent required by applicable law. Apple has no obligation to provide maintenance or support for the App.
Apple is not responsible for any user or third-party claims relating to the App, including product liability, regulatory compliance, consumer protection, privacy, or intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you to the extent provided by Apple’s rules.
14. Warranties and Limitation of Liability
The App is provided "as is" and "as available", except for mandatory warranties under applicable law. We do not guarantee that the Service will always be available, error-free, secure, accurate, or suitable for every individual goal.
To the maximum extent permitted by law, the Provider will not be liable for indirect, incidental, special, consequential damages, loss of data, loss of profits, injuries, health issues, or decisions made based on App or AI content.
Nothing in these Terms limits or excludes liability that cannot be excluded under applicable law, including willful misconduct, gross negligence, personal injury caused by established liability, or mandatory consumer rights.
If the App fails to conform to an applicable warranty, you may notify Apple to request a refund of the App purchase price, if available under Apple’s rules. To the extent permitted by law, Apple has no further warranty obligation with respect to the App.
15. Legal Compliance and Export
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable laws when using the App, including export control, privacy, consumer protection, and intellectual property laws.
16. Changes to the Service and Terms
We may modify, suspend, or discontinue App features to the extent permitted by law. We may update these Terms for technical, legal, business, or security reasons.
For material changes, we will provide reasonable notice through the App, email, or website. Continued use of the App after changes become effective means you accept the updated Terms.
17. Governing Law and Jurisdiction
These Terms are governed by Italian law, without prejudice to mandatory consumer protection rules applicable in your country of residence.
For consumer users residing in the European Union, disputes will be brought before the courts of the consumer’s residence or domicile where required by applicable law. For non-consumer users, the competent court is Milan, Italy, unless another mandatory venue applies.
18. Contact
For questions about these Terms or the Service, you may contact us at:
19. Final Provisions
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect. Failure to enforce a right does not constitute a waiver. You may not assign these Terms without our consent; we may assign them to the extent permitted by law.