Terms of Use

Data Privacy Rights Under General Data Protection Regulation (GDPR)

This Terms of Use Agreement (the “Agreement“) is a legal agreement between “You” and Gymkoi, Inc. (“Gymkoi,” “We” or “Us”) for the Service (as such term is defined below).
The Service is provided by Gymkoi for the purpose of creating a platform for dissemination of Your health and fitness information and for viewing others’ health and fitness information. Through the Service, You may disseminate your information, engage in conversations with other users, and receive information from others. The Service may also provide information and links related to other Gymkoi products and services, and third party products and services.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, GYMKOI IS UNWILLING TO LICENSE THE SERVICE TO YOU, NO LICENSE IS GRANTED AND YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE SERVICE.
By downloading, installing, creating a user account, or otherwise using the Service, You represent to Us that you are at least 18 years old and You agree to be bound by the terms of this Agreement along with the Gymkoi Privacy Policy.
This Agreement governs your use of the Service only. Any other contractual agreements between You and Gymkoi remain in effect.

1. Software Delivery and Acceptance

Subject to Your agreement to be bound by all terms and conditions of this Agreement, Gymkoi authorizes You to use and access (i) Gymkoi’s proprietary software, which includes compiled software code, images, music, media, templates, data, a user interface, any documentation accompanying the program, and any updates or supplements of such software and documentation (collectively, the “App”); and (ii) Gymkoi’s proprietary software and related media accessible at www.gymkoi.com, including all related subdomains (the “Website”). The App and Website are referred to herein collectively as the “Service”. The Service is deemed accepted by You when the App is initially downloaded by You, or when you access the Website.

2. License Terms and Conditions

Subject to all terms and conditions of this Agreement, Gymkoi hereby grants You a nonexclusive, personal, non-transferable, non-assignable, limited license to use and access the Service in accordance with this Agreement and any and all agreements and documents executed by You or delivered by Gymkoi. The Service is licensed to you, not sold, and Gymkoi reserves the right to revoke such license at any time and disable your ability to use the Service for any reason or for no reason.
2.1 Gymkoi Privacy Policy. The Gymkoi Privacy Policy located at “https://gymkoi.com” is incorporated herein by reference (“Privacy Policy”). The Privacy Policy provides information about your privacy rights and explains how Gymkoi protects your personal information.

3. Proprietary Rights

The Service is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Service not expressly licensed under this Agreement are reserved to Gymkoi. You shall not reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, rent, lease, sublicense, assign, or otherwise transfer any portion of the Service except as expressly authorized in this Agreement. No right to use any trademark or trade name of Gymkoi is granted to You hereunder other than the right to display the Gymkoi marks that are placed on the Service and any Gymkoi communications when they are rendered in the Service, in which case such marks may not be altered or removed by You without written approval by Gymkoi.

4. Service Usage

4.1 Overview & Fees.
Accessing the Service and creating an account are free. Through the Service you may post content, review content, and communicate with other users. Some content offered by Gymkoi and by other users of the Service requires payment by You to access. If You access content that does require payment, You agree to immediately pay to Gymkoi the requested amount, and that You access such content at Your own risk of satisfaction in the content. Payments made by You to Us are not refundable for any reason. If You post or otherwise disseminate content through the Service, fees and compensation is governed by Your Contributor Agreement with Gymkoi, which is fully incorporated herein by this reference.
4.1 No Health-Related Advice.
The Service is provided as a platform to allow users to deliver and review content related to health and fitness. Health and fitness-related decisions may involve risk and Gymkoi does not endorse or recommend any particular content provided through the Service. YOU REPRESENT AND WARRANT THAT YOU ASSUME ALL RISK AND RESPONSIBILITY ASSOCIATED WITH YOUR ACTIVITIES ARISING OUT OF YOUR USE OF THE SERVICE AND WAIVE ANY AND ALL CAUSES OF ACTION AGAINST OTHER PARTIES ARISING OUT OF THESE ACTIVITIES.
When using the Service, you may receive information relating to health and fitness techniques, strategies, and other related information. You should not rely on any health and fitness-related information you receive from other users and you acknowledge that you should consult with such medical professionals you deem appropriate before participating in any activities recommended, disseminated, or otherwise related to the Service.

5. User Content

Gymkoi may allow You to upload or post audio, video, images, text or other content through the Service (“User Content”). All feedback and other User Content you provide to Gymkoi, whether via the Service or otherwise, shall be deemed to be non-confidential. Subject to the Privacy Policy and applicable law, Gymkoi shall be free to use such information on an unrestricted basis, and You grant Gymkoi all appropriate rights to do so in perpetuity.
Gymkoi does not have the obligation to pre-screen any User Content. However, Gymkoi reserves the right to remove or edit any User Content at any time and without notice to You. When you use the Service, you agree not to upload, post, modify, distribute, email, transmit, or otherwise make available any User Content that:
A. is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
B. is protected by any patent, trademark, trade secret, copyright or other intellectual or proprietary right, unless you own such rights or have received all necessary consent;
C. impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or interfere with someone else’s use of the Site;
D. falsely provides a review for a product or service that you have not purchased or used, or misrepresents your experiences relating to any products or services;
E. constitutes a charity request, petition for signatures, chain letter, letter or information relating to one or more pyramid schemes, advertising or solicitation for funds, political campaigning, mass mailing, any form of unsolicited commercial email or “spam,” or an offering or dissemination of fraudulent goods, services, schemes or promotions;
F. is sent via unsolicited email, if such email could reasonably be expected to provoke complaints from its recipients;
G. is harmful, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or
H. violates any applicable local, state, national or international law.

(collectively “Prohibited User Content”).

6. Digital Millennium Copyright Act – Notice & Takedown

If you are a copyright owner and believe that any User Content infringes upon your copyright rights, you may submit a notification to Gymkoi’s Designated Agent at: 4027 Cedar Forest Dr. Kingwood, Texas 77339. Email us at contact@gymkoi.com. Pursuant to the Digital Millennium Copyright Act 17 U.S.C. Sec. 512(c)(2), such notification must include:
A description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; Your contact information (email and telephone number); and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

7. Representations and Warranties

You represent and warrant the following during your download, installation, and/or use of the Service:
A. You are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country;
B. You are not listed on any U.S. government list of prohibited or restricted parties;
C. You possess all necessary rights to distribute, post, or other disseminate any User Content you disseminate using the Service; and
D. You will not post any Prohibited User Content.

8. Third Party Content

The Service may display, include, make available or link to content, data, information, applications, websites or materials from third parties (“Third-Party Content”). Gymkoi is not responsible for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, efficiency, advertising, terms of use, privacy policy, practices, software code or any other aspect of the Third-Party Content. You are encouraged to read the terms of use and privacy policy of any third-party websites to which you connect when using the Service. Gymkoi disclaims all liability arising from or relating to the Third-Party Content.
Third-Party Content may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You may not use such proprietary content, information or materials in any way whatsoever except to use the Service for its intended purposes.

9. Internet Access

Use of the Service requires an internet connection and may result in charges from your cellular service provider. Gymkoi is not responsible for any such charges. Gymkoi is also not liable for any disruption, failure or malfunction of the Internet or other service providers or for any other situation or event that is out of Gymkoi’s direct control. GYMKOI IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES.

10. Restrictions on Use

Unless and to the extent specifically provided otherwise in writing by Gymkoi, you may not:
A. separate any individual component of the Service for use;
B. incorporate any portion of the Service into other software or compile any portion of it in combination with other software;
C. use the Service, or any portion of Service, with any other service or over a network;
D. sell, rent, lease, lend, loan, distribute, assign or sublicense the Service or otherwise transfer any rights to it in whole or in part;
E. modify, reverse engineer, decompile, remove any proprietary notices or disassemble the Service in whole or in part, or create any derivative works from or of the Service, or encourage, assist or authorize any other person to do any of these things; or
F. make copies of or distribute the Service or electronically transfer it or any portion of it from one computer to another or over a network.
We may discontinue some or all of the functionality of the Service at any time. We may also terminate your right to use the Service at any time, and in such event we may modify it to make it inoperable. You agree to abide by all laws and regulations in effect regarding your use of the Service, including without limitation, all driving laws and laws relating to copyright-protected content. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

11. Updates

Gymkoi may from time to time, in its sole discretion, make updates, modifications, supplements or new versions of the Service or portions thereof available to You under this Agreement for the purpose of, among other things, distributing bug fixes, patches and feature improvements. We highly recommend that you enable automatic updating on your mobile device or that you promptly install all updates as they appear. Gymkoi disclaims any and all liability relating to Your failure to install any updates to the Service. Gymkoi does not have any obligation to provide any bug fixes, modifications, updates, or technical or end user support for the Service.

12. Collection and Use of Data

You acknowledge that the Service automatically collects information, data and statistics relating to your use of the Service, and compiles such information, data and statistics. Subject to the terms of the Privacy Policy, Gymkoi reserves the right to use such information, data and statistics in the course of Gymkoi’s business, and you hereby agree to Gymkoi’s use. Unless specifically agreed in writing by Gymkoi, Gymkoi is not responsible for, and hereby disclaims all warranties relating to, the storage of any data for use with the Service.

13. Login Credentials

You shall not share Your user account information with others or allow third parties to use Your login credentials to the Service at any time or for any reason unless otherwise allowed in writing by Gymkoi. You warrant, and Gymkoi may assume and rely on the assumption, that any and all activity and use of the Service under Your user account is done by You. You are solely responsible for maintaining the security of, for example, your username, password, and all other user account information, and You agree that Gymkoi will not be liable for any loss or damages resulting from use of your account by others.

14. Indemnification

You shall defend, indemnify, and hold harmless, Gymkoi and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint-ventures, partners, employees, agents, licensors, and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys’ fees), known and unknown, arising out of (i) Your use of the Service; (ii) any dispute between You and any other user or users; (iii) Your use, creation or posting of Prohibited User Content; (iv) Your violation or breach of this Agreement, or (v) the infringement by You, or any other user of Your username or account, of any intellectual property or right of any person or entity.

15. Disclaimers; Limitations of Liability

GYMKOI DOES NOT PROMISE THAT THE SERVICE OR ANY FUNCTIONALITY THEREOF WILL BE ERROR-FREE OR UNINTERRRUPTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE IS PROVIDED BY GYMKOI “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND. GYMKOI CANNOT ENSURE THAT THE SERVICE OR ANY FILES OR OTHER DATA YOU DOWNLOAD OR UPLOAD IN RELATION TO THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR USE OF THE SERVICE, AND THE RESULTS AND PERFORMANCE ACHIEVED USING THE SERVICE, IS AT YOUR OWN RISK. GYMKOI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SERVICE. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GYMKOI BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF GYMKOI, AND EVEN IF GYMKOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, GYMKOI IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, GYMKOI’S LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO THE SERVICE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST GYMKOI. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

16. Termination

Without limiting its rights and remedies, if You fail to comply with the terms and conditions of this Agreement, Gymkoi may, in its sole discretion, terminate this Agreement upon any such failure. Upon termination of this Agreement, You must promptly cease all use of the Service and discontinue exercising all license rights granted by this Agreement. Sections 2.1, 2.2, and 3 through 21 of this Agreement will survive any termination of this Agreement.

17. Dispute Resolution; Choice of Law

This Agreement shall be construed and controlled by the laws of the State of Texas without reference to its choice of law provisions, and You consent to exclusive jurisdiction and venue in the federal courts sitting in Austin, Texas, unless no federal jurisdiction exists, in which case You consent to exclusive jurisdiction and venue in the applicable Texas State Court located in Austin, Texas. You waive and covenant not to assert all defenses of lack of personal jurisdiction and forum non conveniens.

18. Export Law Compliance

You acknowledge that the Service is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Service, including all applicable U.S. export-control laws and regulations, as well as any end-user, end-use and destination restrictions issued by U.S. and other governments.

19. Other Agreements

This Agreement constitutes an individual consent by You to be bound by the terms of this Agreement and is the entire agreement between You and Gymkoi with respect to Your use of the Service, and any and all other written or oral agreements or understandings previously existing between You and Gymkoi with respect to such use are hereby superseded and cancelled. This Agreement is not intended to supersede or replace any other agreements entered into with Gymkoi by You or Your company. To the extent there are any conflicts or inconsistencies between this Agreement and any other agreement, policy or documentation, the following order of precedence will apply for resolving such conflicts or inconsistencies: (i) this Agreement shall control; and then (ii) any other agreements, policies, or documentation.

20. Void Where Prohibited

Although the Service is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Service are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Gymkoi reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Service is void where prohibited. If you choose to access the Service from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

21. Miscellaneous

If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect. Gymkoi’ failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Gymkoi of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Gymkoi and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.