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Gym Done the Terms of Use

Before using any of our services, the users are asked to read carefully the following terms of use. By accessing, browsing, and/or using the services, you acknowledge that you have read, understood, and agree to be bound by all the terms, conditions, consents, and disclosures set forth in the terms of use and the applicable guidelines on the websites for any mobile apps you download. If the user does not agree to the terms of use and the applicable guidelines written, then they are asked to cease the use of the services immediately. If you are entering into this terms of use on behalf of a legal entity, you represent that you have the legal authority to bind the legal entity.”

The Gym Done website (the “Website”), all other products and services, including the Gym Done mobile app (the “Application”), and all content offered, are collectively referred to as the “Services” and are offered to you by MAKINGAPPS LLC (“Company”, “we”, “us”, “our”). Subscribers, account holders, customers, users, and others who download, access, use, purchase, and/or subscribe to the Services (“you”) agree to these terms and conditions (the “Terms of Use”). These Terms of Use guide your use of the Services and are a condition to your use of the Services.

“By using the services, you agree that you are above the age of 18, or using the services under a parent or guardian’s supervision, and are legally able to enter into a contract. If you are under the age of 18, then you review these terms of use with your parent or guardian to make sure that both you and your parent or guardian understand and agree with terms of use. If you are a parent or guardian reading, understanding and agreeing this terms of use for the a person less than 18 years, then you agree to have a responsibility for that person’s use of the services, as well as all the financial expenses and payments, and legal liability that may be incurred for our Services.”

Please be acknowledged that we have the right to change, add several points or remove any of these terms of service at any time, without noticing you. In other words, you are strongly encouraged to check back the terms of use from time to time to be certain that you are fully informed on the specifics that may refer to you.

These Terms of Use include:

  • Your agreement that you are healthy enough to try and perform the exercise suggested by us and that you have consulted and have the permission of a physician before using the Services.
  • Your agreement that the Services are provided “as is” and without warranty.
  • Your agreement that Company has no liability regarding the Services.
  • Your consent that you and Company have the right to compel arbitration.
  • Your agreement that any information provided through the Services is for informational purposes only and does not constitute professional medical advice.
  • Your acceptance of the risks associated with physical activity and exercise, and that you engage in workouts and activities at your own risk.
  • Your agreement that in the event of any issue with the Services, your sole and exclusive remedy is to discontinue the use of the Services.
  • Your release and hold harmless agreement for the Company, its affiliates, officers, agents, and employees from any and all claims, demands, or causes of action arising from your use of the Services.
  • Your acknowledgment that the Company is not responsible for any third-party content, services, or products accessible or advertised through the Services.
  • Your responsibility for your own conduct while using the Services and understanding that any violation of the Terms of Use may result in the termination of your account and access to the Services without liability to the Company.
  • Your acknowledgment that the Company does not guarantee any specific outcomes or results from using the Services.

1. Use of Service; No Medical Advice

The users of the Services should totally understand and agree with the fact that the services are provided to individuals who are healthy enough to try and perform those suggested exercises. We do not suggest our services to including but not limited to individuals who are pregnant or suffer from any medical condition. In addition, users should ensure to consult a physician to specifically approve your use of the services. All the following must be checked and be true:

  • no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;
  • you have never felt chest pain when engaging in physical activity;
  • not experienced chest pain at any time (not during physical activities) within the past month;
  • you have never lost your balance because of dizziness and you have never lost consciousness;
  • you do not have a bone or joint problem that could become worse by a change in your physical activity;
  • you are currently not prescribed to drugs for your blood pressure or heart condition;
  • you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; high-cholesterol, diabetes, obesity or arthritis;
  • you are not pregnant, breastfeeding or lactating;
  • you do not have a condition of you do not know of any other reason you should not exercise

“Before using our services, you should consult your doctor or other professional healthcare provider. The use and performance of any information, programs, and exercises provided on the services is solely at your own risk and responsibility. If you think you may have a medical emergency, call your doctor or 911 as soon as possible. You should stop immediately or seek medical advice of a medical professional if required, if anytime during your exercise workouts you do not feel well. The content available via the services is provided solely as a general educational aid. It is not a medical or healthcare advice, and is not intended for the use of medical diagnosis or treatment, for any problem an individual might have.

Neither the Company nor any of its trainers or Affiliates are responsible or liable for any physical or mental injury or illness that may result, directly or indirectly, from any of our suggested services, workout plans or exercises, or nutrition plans. The suggested guidelines in form of written descriptions, pictures, or videos describing how to perform given exercises or activities assume the user’s sole responsibility for performing, using, and treating those with proper form because the risk of injury or illness increases with undertaking those activities in an improper form. We strongly encourage users to seek multiple sources of information about how each exercise should be performed correctly. In addition, users should consider consulting and taking advice of a coach, instructor, personal trainer, or physical therapist, whether you are new or not to any of the forms of training or activities.

2. Modification of Terms of Use and/or Services

We have the right to change, amend, discontinue, or terminate the Services or change and modify the Terms of Use at any time. It is the user's responsibility to check the terms of use periodically, to be informed of the specifications and agree to the terms. If an updated version of this publication is posted, you can see the date of the update above. If the user does not agree with any of the points, the only way is to cease using the Services.

3. Privacy

The user here agrees also to the Company’s Privacy policy. You should refer to the Privacy Policy section available on the website, to be informed how we are gathering, using, or sharing information about you with our Services.

4. Your Account

To register for the Services, you will need to create an account with Gym Done. The user is responsible for keeping the passwords regarding Gym Done confidential. You agree to monitor all activity under the account and you assume full responsibility for all activities that occur under your account (except as to security breaches caused by the Company). We can suspend and terminate the user’s account at any time and incur no liability for that. You can activate the Pro Subscription in our Services and get access to additional exercises, personal trainer opportunities, etc. You will be charged the fee for your pro subscription after your Pro Account will be activated; stating that no charges will be made during the free trial period. Here you agree to be responsible for and pay all the charges and fees occurred under your Gym Done account with your username and password.

5. Refunds, Free Trials, and Money-Back Guarantee

There are two ways we experience the subscriptions you have chosen:

  • Subscriptions with a trial period: If the subscription includes a free trial in it, you experience that trial period with no charge. As the user already benefits from the free trial or sale, those subscriptions are not refundable.
  • Subscriptions with a money-back guarantee: If the subscription does not include a free trial, you can experience a seven-day money-back guarantee. To refund the subscription, you must request via email ([email protected]) within a 7-day period, starting from your subscription day.

6. Ownership and Intellectual Property Rights of the Company

The services are owned by our company and protected by the copyright, trademark, and other laws of Armenia. Except as expressly provided in the Terms of Use, the Company and its licensors exclusively own or control all rights, title, and interest in and to the Services, including all associated intellectual property rights. All trademarks, brand elements including service marks, trade names, logos, and designs, whether registered or unregistered, used in our Services are owned only by the Company or its third-party licensors. The video, picture, and descriptions used in the Services belong to the Company and its participants. The users cannot use or display them unless with the owner’s prior written consent.

7. License to Use Content

The information, advice, recommendations, letters and messages, comments and feedback, posts, texts and graphics, music and sounds, software, pictures and videos, are the material and Content of the Services that Gymdone provides. Company gives you a revocable, nontransferable, nonexclusive, and limited license to download, view, copy, and print the Content only for your personal and noncommercial use, only on the condition that you do not remove or obscure the copyright notice. Trademark, or other proprietary rights notices of the content. You are not allowed to use the Content of our Services in any other way, unless you have the written permission of the Company. All those rights of the Terms of Use are reserved for our Company. The company tries to keep the Content accurate, up-to-date, and complete, but does not guarantee and take responsibility for the accuracy, completeness, and timeliness of any Content. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made on the Services.

8. License to Use Services

The Company shall own all title, ownership rights, and intellectual property rights in and to the Services, and any copies or portions. The Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use the Website and to use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application only for personal or internal business purposes. In addition, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), the user will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. The user should be informed and agree with the fact that the Application and the Services are available at and are dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Android app stores (“App Store”). You agree that you are informed that the Terms of Use are between you and the Company and not with the App Store or owner. Only the Company, not the App Store or owner, is responsible for the Services, including the Application, therefore the content, maintenance and support services, warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In case of any failure of the Application, you may notify the owner of the App Store, and the owner of the App Store may refund the purchase price for the Application to you, with permitted extent of the applicable law. The owner of the App Store will have no other warranty obligation regarding the Application. As between Company and the owner of the App Store, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company. In order to use the Application, you agree to pay all fees associated with such access, as applicable. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Services, including the Application. You acknowledge that the App Store or owner thereof (and its subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to enforce them.

9. Restrictions on Use of Services

  • Accessing, tampering with, or using non-public areas of the Website, the Company’s computer systems, or the technical delivery systems of the Company’s providers;
  • Attempting to probe, scan, or test the vulnerability of any Company system or network or breaching any security or authentication measures;
  • Avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by the Company or its providers or any other third party (including another user) to protect the Services;
  • Attempting to access or search the Services through the use of any tool, engine, agent, software, mechanism, or device (such as robots, spiders, data mining tools, crawlers or the like) other than those that access or search the Services provided by the Company or other generally available third party web browsers (such as Mozilla Firefox, Opera Microsoft Internet Explorer, or Safari );
  • Sending unauthorized forms of solicitation such as promotional materials, email, advertising, spam, junk mail, or chain letter, etc.;
  • Using a Company logo, URL, trademark, or product name, with the use of meta tags or other hidden text or metadata;
  • Using or utilizing the Services in purpose of commercial activities or benefiting other parties not permitted by the Terms of Use;
  • Forging any TCP/IP packet header or any part of the header information in the emails or newsgroup postings, or in any way using the Services in purpose of sending false source identifying, altered, or deceptive information;
  • Interfering with, or attempting to interfere with, the access of any user, host or network, such as including but not limited to sending a virus, flooding, overloading, mail-bombing or spamming the Services;
  • Gathering or storing any personal and identifiable data from the Services related to other members of the Services without their knowledge and prior permission;
  • Impersonating or misrepresenting your affiliation with any person or entity;
  • Violating any applicable law or regulation;
  • “Stalking” or otherwise harassing anyone;
  • Gathering personal data about other users in purpose of commercial or any other unlawful activities;

The company has the right to explore and prosecute violations of any of the points provided above, to the fullest extent of the law. The company may include and network with law enforcement authorities and agencies, to prosecute users who violate the Terms of Use. You agree that you are informed that the Company has no obligation to monitor your access and use of the Services, and review or edit the Content, but has the right to ensure the good operation of the Services, to ensure your compliance with the Terms of Use, with applicable law or the order or requirement of a court, administrative agency, or a governmental body. We have the full right, at any time and without prior notification, to delete or disable the access to any content that can be considered to be a violation of the Terms of Use or otherwise harmful to the Services.

10. Digital Millennium Copyright Act Notice

If you find out that your own copyrighted work was copied in terms that it constitutes copyright infringement, and is present in the Services, please contact the Company. For your complaint to be valid, you must provide the following information in writing:

  • An electronic or physical signature of the copyright owner;
  • Identification of the copyrighted work that you find to be infringed;
  • Identification of the content that is infringing and where it is located on the Services; sufficient information to permit the Company to contact you, such as your telephone number, address, and e-mail address;
  • A statement that proves the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

After that we receive the note, the Company will disable or remove the infringing content. In addition, if the Company finds that the content is not infringing, we will give the second party opportunity to have written notification, which may result in us re-posting the content.

11. Third-Party Sites / Links / Ads

The user’s dealings with advertisers or other third parties that can be found on the Services are under the responsibility of the user. The user should access and use such third-party sites, including the content, items, or services on those sites, solely at your own risk. The Company does not make any warranties with respect to any content, items, and services or privacy practices with respect to such third parties and here you agree that the Company will have no liability, obligation, or responsibility with any loss or damage incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services. In case If there is a dispute between you and any such third party, you understand and agree that the Company has no obligation and responsibility to become involved.

In any case if you have a dispute with any third party, you hereby release and agree that the company, its employees, officers, successors, and agents in rights from all claims, demands, and damages (direct and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the services.”

12. Disclaimer of Warranties

Here you claim that you are acknowledged and agree that the use of the services is solely and entirely at your own risk. the services are provided on an “as is” and “as available” basis. The company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a special purpose, and non-infringement. the company does not make any warranty that the services will meet your requirements, or that you will have uninterrupted access to services, or timely, secure, or error-free, or that defects, if any, will be corrected. the company makes no warranties to the results that you may obtained from the services or as to the accuracy, reliability , or quality of any information you get through the services. The company disclaims any warranties for other third party or any other services or goods received through or advertised on the services, or accessed through any links on the services. The company disclaims any warranties for viruses or other harmful components in connection with the services. “

13. Limitations of Liability

Under no circumstances and in any cases should the company or its affiliated entities be liable for any damages resulting either directly or indirectly from your use of the content, website or services. You must evaluate, take the responsibility and agree to bear all risks associated with, the content and its usage, including but not limited to the reliance on the completeness, accuracy, or usefulness of the services. you are know informed and knowledgeable that the company and its affiliates are not liable and have no obligations and responsibility for the offensive, defamatory, or illegal conduct of users, as well as the third parties. In addition, the company or its affiliated entities are not liable for any special, indirect, punitive, incidental, or consequential damages, including, but not limited to any loss of use, loss of data, loss of profit, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort, or otherwise resulting from (1) the use of, or the inability to use the services; (2) the cost of procurement of substitute services, items, or website; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third party on the services; or (5) any other matter relating to the services. these limitations will apply whether or not the company has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. You acknowledge, take the responsibility and understand that the disclaimers, exclusions and limitations of liability set forth herein form an essential basis of the agreement between you and the company and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of this terms of use and your access to the websites and services would be substantially different.”

14. Indemnification

You agree to indemnify and not harm the Company, its officers, directors, agents, employees, and affiliates, from and against any liability, claims, losses, damages, expenses of any kind (including, but not limited to reasonable attorneys’ fees) directly or indirectly connected to (1) your use of the Services; or (2) you break the Terms of Use.

15. Termination and Survival

Both parties can terminate the Terms of Use any time without any or no cause. After you terminate, you should agree that access and utilization of Services stops. The provisions of these Terms of Use which by their intent or meaning are intended to survive such termination and shall continue to apply indefinitely.

16. Severability

If any of the present provisions of the Terms of Use is considered by a court or other binding authority to be invalid, inaccurate, you agree that every step should be made to give effect to the parties’ intentions as written in that provision, and the remaining provisions presented in the Terms of Use should continue in their full force and effect.

17. Contact Information

If you have any problems, questions, or concerns regarding these Terms of Use, Services, or Company, do not hesitate to contact us by email at [email protected].