Terms of Service

Effective date: June 23, 2026 Last updated: June 23, 2026

### Plain-language summary Gymme is a commitment-contract fitness app. You set a fitness goal (for example, a number of gym visits over a period), you put your own money behind it as motivation, and the app verifies your gym visits using GPS location (a geofence around your gym plus a minimum time spent there). When you confirm a commitment, we (through our payment provider, Paddle) charge your payment method for the stake amount up front. If you meet your goal, we refund your stake in full (with no platform fee). If you miss your goal, your stake is not refunded — by default Gymme keeps it (that's how we make money), or, where the option is offered in the app, you can choose to have missed stakes donated to charity. This is not gambling, betting, a lottery, or a game of chance — the outcome depends on your own behaviour as verified by the app (subject to the appeals process), not on luck or on other players. There is no in-app wallet balance to fund, no deposit to make, and no general-purpose withdrawal; the in-app "Wallet" is simply a view of your stakes and transaction history. You must be 18 or older. Payments are handled by Paddle (our payment provider and Merchant of Record). These Terms include important sections that affect your legal rights, including arbitration and a class-action waiver (with carve-outs for EU/UK consumers and where the law forbids them) and limitations of our liability. Please read the whole document, along with our Privacy Policy and Refund Policy.

1. Who we are and what these Terms cover

1.1. These Terms of Service ("Terms") are a binding legal agreement between you ("you", "your", or "User") and Gymme, Inc. ("Gymme", "we", "us", or "our"), a corporation organized under the laws of [State of Delaware, USA — TO BE CONFIRMED], with its registered postal address at [Gymme, Inc. registered postal address — TO BE CONFIRMED].

1.2. These Terms govern your access to and use of the Gymme mobile applications (on the Apple App Store and Google Play; mobile package identifier com.gym.me), the website at https://gymme.me, and all related features, content, and services (together, the "Service"). The product was previously developed under a working codename; the official, user-facing brand is Gymme.

1.3. These Terms also serve as the end-user license agreement for the Gymme applications and as the "Stake Agreement" governing each commitment contract you create through the Service (see Sections 5–7).

1.4. Two further documents form part of your agreement with us and are incorporated by reference:

If there is a conflict between these Terms and either of those documents on a topic that document specifically addresses, that document controls for that topic.

2. Acceptance of these Terms

2.1. By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms, the Privacy Policy, and the Refund Policy. If you do not agree, do not use the Service.

2.2. We may ask you to re-confirm your acceptance of these Terms — for example, when we make material changes (see Section 23) or when you create a new commitment contract.

2.3. The summary box at the top of this document is provided for convenience only. It is not a substitute for the full Terms and has no independent legal effect.

3. Eligibility and capacity

3.1. You must be at least 18 years old to use the Service. The Service is not directed to, and may not be used by, anyone under 18. If we learn that a person under 18 has created an account, we may suspend or close it.

3.2. You represent and warrant that:

• (a) you are 18 or older;
• (b) you have the legal capacity to enter into a binding contract;
• (c) you are not barred from using the Service under any applicable law;
• (d) all information you provide to us is accurate and kept up to date;
• (e) you are not a person subject to sanctions, and are not on any restricted-party or denied-persons list maintained by the United States, the European Union, the United Kingdom, the United Nations, or any other applicable authority;
• (f) you are not located in, and are not a resident or national of, any country or territory subject to a comprehensive U.S., EU, or UK embargo or equivalent restriction; and
• (g) any money you place behind a commitment is your own lawfully-obtained funds, used on your own behalf and not for or on behalf of any other person.

3.3. The Service is intended for personal, non-commercial use only.

4. Geographic availability and "void where prohibited"

4.1. At first release, the Service is offered in New York City and Los Angeles (USA), London (United Kingdom), and Berlin (Germany / EU). We expect to expand to additional locations over time.

4.2. The Service, and in particular the staking mechanics described in Section 5, may be restricted, regulated, or prohibited in some jurisdictions. The Service is offered only where permitted by law and is void where prohibited.

4.3. You are responsible for ensuring that your use of the Service is lawful in your location. By using the Service, you represent that doing so does not violate any law that applies to you. We may, at our discretion, restrict or withdraw availability of the Service (or particular features) in any country, region, state, or city, including to comply with legal, regulatory, payment-network, or app-store requirements.

5. The commitment-contract Service — how it works

5.1. Commitment contract. Gymme is grounded in behavioral economics — specifically loss aversion — and works on a commitment-contract model. You make a personal commitment to a fitness goal and put your own money behind it as motivation.

5.2. Setting your commitment. You choose:

• (a) a fitness goal (for example, 3 gym visits per week, or 20 workouts in a month);
• (b) a time period over which the goal must be met; and
• (c) a stake — an amount of your own money within the limits shown in the app.

When you confirm a commitment, we charge your selected payment method for the stake amount up front through our payment provider, Paddle (Section 10). The stake is collected immediately at checkout; what happens to it next depends on whether you meet your goal (Section 5.4): if you meet your goal we refund it in full, and if you miss your goal it is not refunded (Section 6).

5.3. Verification by GPS check-in. To get credit for a workout, you must successfully check in at a gym you have registered with the Service. You may register up to three (3) gyms. A check-in is verified when:

• (a) your device reports that you are physically inside a geofence around your registered gym (approximately within 30 metres); and
• (b) you remain there for a minimum session length (approximately 30 minutes).

The Service uses anti-spoofing and fake-location detection to help confirm that a check-in is genuine. This detection is provided on a best-effort basis only: it may not be available on all devices or operating systems, may not catch every attempt to falsify or spoof location, and we may also use manual review and other signals. Your location is used only to verify gym presence and to show you nearby gyms; it is not sold or shared for advertising. See the Privacy Policy for full detail on location data.

5.4. Outcome.

5.5. Freezes. You receive a limited number of freezes (approximately two (2) per year), each of which can pause an active commitment for up to approximately seven (7) days without penalty — for example, for sickness, injury, or travel. Beyond your available freezes, your commitment stands and ordinary outcome rules apply. The exact number and duration of freezes are as shown in the app.

5.6. Appeals and verification errors. If a check-in fails and you believe it should have succeeded, you may submit an appeal through the app, including photo or other evidence (the app may request access to your camera and photo library for this purpose).

• (a) **Where a check-in fails because of a technical or GPS error attributable to the Service or your device, and you provide reasonable evidence that you completed the qualifying gym session, the check-in will be credited.** This is not a discretionary decision.
• (b) For genuinely contested cases (for example, where the evidence is inconclusive or there are indications of spoofing or abuse), authorized Gymme personnel will review the appeal and decide the outcome — including whether to approve, deny, or grant a partial refund — at their reasonable discretion, acting fairly and in good faith. Reviewers may receive and action appeals through a secure third-party admin interface (Telegram); how the related data is handled is described in the Privacy Policy.

The appeal process does not guarantee that any particular contested check-in will be credited, but it ensures that bona fide verification errors are corrected.

5.7. Changes to mechanics. Specific parameters — stake limits, geofence radius, minimum session length, freeze allowances, supported gyms, and goal types — are configured in the app and may change over time. The version shown in the app at the time you create a commitment governs that commitment.

6. What happens to a forfeited stake

6.1. If you miss your goal, your already-charged stake is not refunded and is forfeited. By default, a forfeited stake is retained by Gymme as the platform's revenue. This is how Gymme is paid for providing the Service — in effect, we earn revenue when you skip your commitment, which aligns our motivation tools with your goals.

6.2. Charity option (where offered). Where the app offers this option, you may elect at signup (or as otherwise offered in the app) to have your forfeited stakes donated to a charity instead of retained by Gymme. If this option is offered and you make that election, a forfeited stake will be directed to charity in accordance with the option shown in the app. If the option is not shown in the app, it is not currently available, and forfeited stakes are retained by Gymme under Section 6.1.

6.3. This is not a prize pool or peer-to-peer wager. Gymme does not operate a prize pool and does not pay out winnings funded by other users. If you succeed, you receive no payout — your own stake is simply refunded to you; you do not receive money staked by anyone else. Forfeited stakes are not pooled and not paid out to other Users. Any contrary impression created by marketing or promotional materials is superseded by these Terms. See Section 12 for the full "this is not gambling" statement.

7. The Stake Agreement (per-commitment terms)

7.1. Each commitment you create is a separate Stake Agreement between you and Gymme, formed when you confirm the commitment and authorize the stake (Section 5.2). The Stake Agreement consists of: (a) these Terms; (b) the specific goal, period, stake amount, registered gym(s), and forfeiture destination (Gymme or, where offered, charity) you select; and (c) the in-app parameters in effect at that time.

7.2. Payment authorization. By confirming a commitment, you authorize Gymme and Paddle to charge your payment method for the stake amount when you confirm the commitment. You further authorize that, when the commitment period ends:

• (a) if you meet your goal, the stake will be refunded in full to your original payment method and no platform fee will be deducted; and
• (b) if you miss your goal, the stake will not be refunded and the proceeds will be applied under Section 6.

You acknowledge that the stake is charged to your payment method up front, and that the timing of any refund depends on your issuer or bank, not on Gymme.

7.3. You acknowledge that the outcome of a Stake Agreement depends on your own behaviour as verified by the Service (subject to the appeals process in Section 5.6) — whether you complete the required, GPS-verified check-ins within the period — and not on chance or on the actions of any other User.

8. No fundable balance, deposit account, or stored value

8.1. No fundable stored-value balance. Gymme does not operate a fundable in-app wallet balance, deposit account, or stored-value product. The app does include a "Wallet" screen, but it is only a view of your stakes and transaction history — there is no balance to pre-fund or deposit into, and no general-purpose withdrawal. Instead, your stake is charged to your payment method up front when you start a commitment and refunded to that method if you meet your goal, as described in Sections 5 and 7. You are charged your stake when you start a commitment and refunded it if you meet your goal; Gymme does not require pre-funded deposits and does not operate a stored-value balance.

8.2. Not a bank account; not e-money; not insured. You expressly acknowledge and agree that:

• (a) the charge for your stake and any resulting refund are not a bank account, deposit account, or e-money / stored-value product, and the Service may not be used as a general means of payment to third parties;
• (b) no money you place behind a commitment earns interest or confers any investment return;
• (c) amounts charged for stakes are not insured by the U.S. Federal Deposit Insurance Corporation (FDIC), the UK Financial Services Compensation Scheme (FSCS), or any equivalent deposit-protection scheme; and
• (d) the payment mechanics exist solely to fund and settle commitments within the Service.

8.3. Promotional credits. Any promotional or "seed" credit (for example, a sign-up reward) is not a cash balance, deposit, or wallet, and is governed by Section 9. Such credits exist only within the Service, on the terms of the relevant promotion.

9. Promotional rewards

9.1. From time to time Gymme may offer discretionary promotional rewards, bonuses, or "seed" credits (for example, a sign-up credit). Any such reward:

• (a) is funded by Gymme, is discretionary, and is offered as a marketing promotion;
• (b) is governed by separate promotion terms published with the offer, which control in case of conflict with general expectations;
• (c) has no cash value beyond what the specific promotion states, and may be subject to eligibility, expiry, and conditions on how and when the credit can be applied to a stake; and
• (d) may be modified, suspended, withdrawn, or clawed back if obtained through fraud, abuse, multi-accounting, or in breach of these Terms or the promotion terms.

9.2. Promotional rewards are not "winnings" from a prize pool and are not consideration paid by other Users. They are simply a discretionary, Gymme-funded marketing benefit.

10. Payments, fees, and taxes (Paddle as Merchant of Record)

10.1. Payment provider and Merchant of Record. Payments in connection with the Service are processed by Paddle (Paddle.com Market Limited and/or Paddle, Inc., together "Paddle"). Paddle acts as the reseller and Merchant of Record for transactions made through the Service. This means Paddle — not Gymme — is the merchant on your card or bank statement, and Paddle handles checkout (including secure card entry), card-data security (PCI-DSS), invoicing, and the calculation and collection of applicable sales tax / VAT. All card entry occurs in Paddle's hosted checkout, not in a Gymme-operated form.

10.2. Your relationship with Paddle. Your payment is subject to Paddle's own terms and privacy notice in addition to these Terms. By confirming a commitment, you authorize Paddle to charge your selected payment method for the stake, and (if you meet your goal) to refund it (Section 7.2).

10.3. Card data. Because card entry occurs in Paddle's hosted checkout, Gymme does not collect or store your full card number, expiry date, or security code. We store only a Paddle customer identifier, transaction identifiers, amounts, currency, status, and limited card metadata (such as the last four digits and card brand) supplied by Paddle. See the Privacy Policy. (Publication note for the company — not part of the published Terms: this Section may not be published until engineering confirms that no first-party card-entry form and no decommissioned-processor code paths remain in shipped builds; see open questions.)

10.4. Currency. Amounts are generally processed in U.S. dollars (USD); where the app shows another currency for a particular commitment, that currency applies to that commitment. Currency conversion, if any, is handled by Paddle and/or your card issuer at their rates.

10.5. Fees. Gymme does not charge a platform fee on stakes; our revenue model is described in Section 6. Paddle, your bank, or your card network may apply their own fees (for example, foreign-transaction or currency-conversion fees), which are your responsibility.

10.6. Taxes. Sales tax / VAT, where applicable, is determined and collected by Paddle at checkout. You are responsible for any other taxes that may apply to you personally as a result of using the Service.

11. Identity verification, anti-money-laundering, and anti-fraud

11.1. Verification and screening. To protect the Service and comply with applicable law:

• (a) where required by applicable law, we will perform sanctions and restricted-party screening and threshold identity verification ("KYC"), and may request supporting documentation as a condition of using the Service; and
• (b) we may, at our discretion, perform enhanced or additional due diligence (for example, where activity appears unusual or higher-risk).

11.2. We may refuse, delay, limit, reverse, or cancel any stake, charge, refund, or related transaction, and may suspend or close your account, where we reasonably believe it is necessary to:

• (a) comply with anti-money-laundering (AML), counter-terrorist-financing, sanctions, or other legal or regulatory obligations;
• (b) prevent or investigate fraud, location spoofing, or other abuse; or
• (c) protect the integrity of the Service or other Users.

11.3. We may use anti-spoofing / fake-location detection and other fraud-prevention signals to assess the genuineness of check-ins and account activity. As stated in Section 5.3, such detection is best-effort, may not be available on all devices or platforms, may not catch all spoofing, and may be supplemented by manual review. Attempts to defeat these controls are a serious breach of these Terms (Section 13).

12. NOT GAMBLING — the nature of the Service and risk disclosure

12.1. This is a commitment-contract / behavioral-motivation service. It is NOT gambling, betting, a lottery, a sweepstake, or a game of chance. The outcome of every commitment depends on your own behaviour as verified by the Service (subject to the appeals process in Section 5.6) — whether you complete the required, GPS-verified gym check-ins within the period you chose — and not on chance, randomness, or the actions of any other person. There is no pooled wager and you do not win money staked by other Users (see Section 6).

12.2. Legality varies by jurisdiction. Laws differ from place to place, and the treatment of staking-based services is not uniform. The Service is offered only where lawful and is void where prohibited (Section 4). You are responsible for compliance with the laws that apply to you, and Gymme may restrict availability by region.

12.3. Risk disclosure — you can lose your entire stake.

THERE ARE NO GUARANTEED WINNINGS. YOUR STAKE IS CHARGED UP FRONT, AND IF YOU DO NOT MEET YOUR GOAL IT WILL NOT BE REFUNDED — YOU WILL LOSE YOUR ENTIRE STAKE. You should only stake amounts you can afford to lose. Stake within the limits shown in the app and within your own means. Gymme does not provide financial, medical, or fitness advice.

12.4. Consult a professional before exercising. Fitness goals involve physical activity. Consult a qualified healthcare professional before starting or changing any exercise program. You participate at your own risk and are solely responsible for your health and safety.

13. Acceptable use and prohibited conduct

13.1. You agree not to:

• (a) spoof, fake, simulate, or manipulate your location or otherwise defeat the GPS verification, geofence, dwell-time, or anti-spoofing controls;
• (b) create or operate more than one account, or engage in multi-accounting, collusion, or coordinated abuse, including to obtain promotional rewards;
• (c) submit false, altered, or misleading appeal evidence;
• (d) use bots, automation, emulators, rooted/jailbroken-device exploits, or other tools to cheat, falsify check-ins, or interfere with the Service;
• (e) use the Service for money laundering, fraud, or any unlawful purpose, or to evade sanctions or AML controls;
• (f) reverse-engineer, decompile, or attempt to extract source code, except to the extent this restriction is prohibited by applicable law;
• (g) interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service or its systems, or violate the security of any account or network;
• (h) infringe the intellectual property or other rights of Gymme or any third party; or
• (i) use the Service where it is prohibited by law or in breach of these Terms.

13.2. Breach of this Section is grounds for forfeiture of affected stakes, clawback of rewards, withholding of any refund, and suspension or closure of your account (Section 18), without limiting our other remedies.

14. Account registration and security

14.1. To use most features, you must create an account using a valid email address. Authentication is provided through our infrastructure provider, Supabase (see the Privacy Policy); you may also set a display name and profile.

14.2. You are responsible for:

• (a) providing accurate registration information and keeping it current;
• (b) maintaining the confidentiality of your credentials; and
• (c) all activity that occurs under your account, whether or not authorized by you.

14.3. Notify us promptly at support@gymme.me if you suspect unauthorized access to your account. We are not liable for losses arising from your failure to safeguard your credentials, to the extent permitted by law.

15. Intellectual property and licenses

15.1. Our IP. The Service, including its software, design, text, graphics, logos, the Gymme name and brand, and all related intellectual property, is owned by Gymme or its licensors and is protected by law. Except for the limited license below, no rights are granted to you.

15.2. License to you. Subject to your compliance with these Terms, Gymme grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Gymme app on a device you own or control, and to access the Service, solely for your personal, non-commercial use. This license is also subject to the applicable app store's rules (Section 19).

15.3. Feedback. If you send us suggestions or feedback, you grant Gymme a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

16. Your content (appeal photos and share cards)

16.1. User content. You may submit content to the Service, primarily photo or other evidence for appeals and any images used for achievement "share cards" ("User Content").

16.2. License you grant us. You grant Gymme a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and process your User Content solely to operate, provide, secure, and improve the Service — for example, to review and decide appeals and to detect fraud. We do not use your appeal photos or health data for advertising. Health and location data are handled as described in the Privacy Policy.

16.3. Your responsibilities. You represent that you own or have the necessary rights to your User Content and that it does not infringe any third party's rights or any law. Do not submit content that is unlawful, that depicts others without their consent, or that you are not entitled to share.

16.4. Removal. We may remove or refuse User Content that violates these Terms or applicable law.

17. Third-party services

17.1. The Service relies on third-party providers (including Supabase, Paddle, Google services such as Google Maps Platform and Firebase, Apple, Google Play, Vercel for our marketing site, and — where you connect them — Apple HealthKit and Android Health Connect). Their processing of your data is described in the Privacy Policy.

17.2. Your use of any third-party service, including maps, payment, and health-data integrations, may be subject to that third party's own terms. We are not responsible for third-party services we do not control.

18. Suspension, termination, and chargebacks

18.1. By you. You may stop using the Service and request closure of your account at any time. Closing your account does not by itself cancel an active Stake Agreement, which will resolve under Sections 5–7 unless we agree otherwise; cancellation and statutory withdrawal rights are addressed in the Refund Policy.

18.2. By us. We may suspend or terminate your access, withhold any refund, retain or forfeit affected stakes, and/or cancel affected commitments, with or without notice, if we reasonably believe you have breached these Terms (including Sections 11 and 13), if required by law or a payment network, or to protect the Service or other Users.

18.3. Chargebacks. Because Paddle is the Merchant of Record (Section 10), a chargeback or payment dispute is raised against Paddle, not against Gymme. Where you initiate a chargeback or dispute, Gymme will supply transaction records and check-in / verification evidence to Paddle to contest illegitimate chargebacks (representment). Initiating a chargeback in respect of a stake you knowingly placed and then lost is not a valid "unauthorized charge" dispute. If you initiate a chargeback or dispute, we may suspend or close your account pending investigation and may withhold or reverse related stakes, refunds, or promotional credits. If you believe a charge is wrong, contact support@gymme.me first so we can try to resolve it.

18.4. Effect of termination. Any provision that by its nature should survive termination will survive, including without limitation Sections 6, 8, 9, 11, 12, 15, 16.2, 18.3, 20–22, and 24–27.

19. App-store terms (Apple and Google)

19.1. General. Your download and use of the Gymme app is also subject to the rules of the app store from which you obtained it (the Apple App Store or Google Play). To the extent of any conflict, the relevant app store's rules apply to the matters they govern.

19.2. Apple-specific terms. Where you obtained the app from the Apple App Store, the following apply and Apple, Inc. is a third-party beneficiary of these Terms entitled to enforce them against you:

• (a) these Terms are between you and Gymme only, not Apple, and Gymme — not Apple — is solely responsible for the app and its content;
• (b) the license in Section 15.2 is limited to use on Apple-branded devices you own or control, as permitted by the Apple Media Services / Usage Rules;
• (c) Apple has no obligation to provide maintenance or support for the app;
• (d) Apple is not responsible for any product warranties; in the event of a failure to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any), and Apple has no other warranty obligation;
• (e) Apple is not responsible for addressing any claims relating to the app, including product-liability, legal/regulatory-compliance, or consumer-protection claims;
• (f) Apple is not responsible for investigating, defending, settling, or discharging any third-party claim that the app infringes intellectual property rights; and
• (g) you represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting", and that you are not on any U.S. Government restricted-party list (see also Section 3.2).

19.3. Google Play-specific terms. Where you obtained the app from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the app or the Service.

20. Disclaimers of warranty

20.1. To the maximum extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except for any implied warranty or statutory consumer right that cannot be excluded under the law that applies to you, which is preserved (see Section 21.4).

20.2. We do not warrant that the Service will be uninterrupted, error-free, secure, or that GPS verification, geolocation, anti-spoofing, or health-data integrations will be accurate, complete, or available at all times. Location and fitness data depend on your device, operating system, network, and third-party providers, which we do not control. Where a check-in fails because of such an error, the appeals process in Section 5.6 applies.

20.3. Gymme does not provide medical, health, fitness, financial, or legal advice. The Service is a motivational tool only.

20.4. Nothing in this Section limits any warranty or right that cannot be excluded under the law that applies to you — see Section 21.4 (consumer-rights carve-out).

21. Limitation of liability

21.1. To the maximum extent permitted by law, Gymme and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or opportunity, arising out of or relating to the Service or these Terms, even if advised of the possibility of such damages.

21.2. To the maximum extent permitted by law, and subject always to Section 21.4, Gymme's total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amounts you paid to and/or staked through the Service in the twelve (12) months immediately before the event giving rise to the claim, or (b) USD 100.

21.3. These limitations reflect a reasonable allocation of risk and are an essential basis of the bargain between you and us.

21.4. Carve-outs that always apply. Nothing in this Section or in Section 20 excludes or limits:

• (a) liability that cannot be excluded or limited under the law that applies to you, including the implied warranties and statutory consumer rights that cannot be waived under the laws of California, New York, and other U.S. states, and the mandatory rights of EU and UK consumers;
• (b) liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for gross negligence or willful misconduct; and
• (c) for consumers resident in the EU or the UK, liability for foreseeable loss arising from Gymme's breach of these Terms or failure to use reasonable care and skill — the cap in Section 21.2 does not apply to such loss.

21.5. No general release. These Terms are not intended to operate as, and do not contain, a general release of unknown claims. Accordingly, no waiver of California Civil Code §1542 (or any similar law) is sought or given, and nothing here purports to release claims that you do not know or suspect to exist.

22. Governing law, dispute resolution, arbitration, and consumer carve-outs

PLEASE READ THIS SECTION CAREFULLY. It affects how disputes are resolved and, for many Users, requires individual arbitration and waives class actions. You may opt out of arbitration within 30 days (Section 22.3(f)). Special rules preserve the rights of EU and UK consumers (Section 22.6).

22.1. Governing law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the [State of Delaware, USA — TO BE CONFIRMED], without regard to its conflict-of-laws rules — subject to Section 22.6, which preserves the mandatory protections and local law of EU and UK consumers.

22.2. Informal resolution first

Before starting any formal proceeding, please contact us at legal@gymme.me and give us at least 30 days to try to resolve the dispute informally. Many issues can be resolved this way.

22.3. Agreement to arbitrate (subject to carve-outs and opt-out)

Except as provided in Sections 22.5 and 22.6, you and Gymme agree that any dispute that cannot be resolved informally will be resolved by binding individual arbitration, rather than in court, on the following terms:

• (a) Administrator and rules. The arbitration will be administered by [the American Arbitration Association (AAA) under its Consumer Arbitration Rules — OR — JAMS under its applicable consumer rules — administrator and rules TO BE CONFIRMED], as in effect at the time the arbitration is commenced. The current rules are available from the chosen administrator.
• (b) Governing arbitration statute. This arbitration agreement is governed by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq.
• (c) Seat / location. The seat of arbitration will be [the principal city of the confirmed State of incorporation — TO BE CONFIRMED], except that, at a consumer's request, the arbitration will be conducted in the federal judicial district of the consumer's residence, and a consumer may elect a documents-only, telephonic, or video hearing where the rules allow. Judgment on the award may be entered in any court of competent jurisdiction.
• (d) Fees. Gymme will bear the arbitration filing and administrative fees for consumer claims to the extent the chosen administrator's consumer rules require, and will not seek its attorneys' fees from a consumer except where the claim is found frivolous.
• (e) Mass / coordinated arbitration. If 25 or more similar demands for arbitration are filed against Gymme by or with the assistance of the same or coordinated counsel, the demands will be administered in staged batches (with a reasonable number of bellwether cases resolved first and the remainder stayed pending their outcome), in order to promote efficiency and reduce fees; the administrator's mass-arbitration or analogous protocol, where one exists, will apply.
• (f) 30-day opt-out. You may opt out of this arbitration agreement (Sections 22.3 and 22.4) by sending written notice to legal@gymme.me within 30 days of first accepting these Terms, stating your name, the email associated with your account, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms and will not adversely affect your use of the Service.

22.4. Class-action waiver

To the maximum extent permitted by law, disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims except as part of the batching procedure in Section 22.3(e). This waiver does not apply where it is prohibited by the law that applies to you, including for many EU and UK consumers (Section 22.6), and does not apply if you opt out under Section 22.3(f).

22.5. Exceptions

Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect intellectual property or to stop unauthorized access, location spoofing, or other abuse.

22.6. EU and UK consumer carve-out (mandatory rights preserved)

If you are a consumer resident in the European Union or the United Kingdom, the following overrides anything to the contrary in this Section:

• (a) the choice of governing law in Section 22.1 does not deprive you of the protection of the mandatory consumer-protection provisions of the law of your country of residence;
• (b) you are not required to arbitrate and the class-action waiver does not apply to you where local law provides otherwise;
• (c) you may bring proceedings against us in the courts of your country of residence or, at your option, in the courts where we are established, and we may bring proceedings against you only in the courts of your country of residence;
• (d) you retain all statutory consumer rights, including any right of withdrawal/cancellation described in the Refund Policy; and
• (e) you may also be entitled to use an alternative dispute resolution (ADR) body in your country and to complain to your national consumer-protection authority.

23. Changes to these Terms

23.1. We may update these Terms from time to time. When we do, we will revise the "Last updated" date and post the new version at https://gymme.me/terms and/or in the app.

23.2. If a change is material, we will take reasonable steps to notify you (for example, by email or in-app notice) before it takes effect, and where required by law we will obtain your consent or re-confirmation. Changes do not apply retroactively to the resolution of a Stake Agreement already in progress, except where required by law or to your benefit.

23.3. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

24. Indemnity

24.1. Consumers. If you are a consumer, you agree to indemnify and hold harmless Gymme and its officers, employees, and agents from claims, damages, losses, liabilities, and reasonable expenses (including reasonable legal fees) only to the extent they arise from your deliberate or negligent breach of these Terms, your fraud, location spoofing, multi-accounting, submission of false appeal evidence, or unlawful use of the Service. This obligation does not apply to your ordinary, good-faith use of the Service, and does not apply to any claim arising from Gymme's own acts or omissions.

24.2. Business / non-consumer users. If you are not a consumer (for example, you use the Service for business purposes), you agree to indemnify and hold harmless Gymme and its officers, employees, and agents from any claims, damages, losses, liabilities, and reasonable expenses (including reasonable legal fees) arising out of or related to: (a) your breach of these Terms; (b) your misuse of the Service; (c) your violation of any law or third-party right; or (d) your User Content.

24.3. Mandatory-law saver. Nothing in this Section requires any User to indemnify beyond what mandatory local law permits, and this Section does not apply to the extent a loss results from Gymme's own breach or from liability that cannot be limited under the law that applies to you.

25. Notices

25.1. Notices to you may be given by email to the address associated with your account, by in-app message, or by posting on the Service.

25.2. Notices to us should be sent to the appropriate address below.

26. General

26.1. Entire agreement. These Terms, together with the Privacy Policy, the Refund Policy, and any promotion terms, constitute the entire agreement between you and Gymme regarding the Service and supersede any prior agreements, statements, or marketing on that subject.

26.2. Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary, or severed, and the remaining provisions will remain in full force and effect.

26.3. No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

26.4. Assignment. You may not assign or transfer these Terms without our consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice to you.

26.5. No agency. Nothing in these Terms creates any partnership, agency, employment, or joint-venture relationship between you and Gymme.

26.6. Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

26.7. Language. These Terms are provided in English. Any translation is for convenience only; the English version controls unless mandatory local law provides otherwise.

27. How to contact us

Gymme, Inc.

• General & support: support@gymme.me
• Privacy / data requests: privacy@gymme.me
• Legal: legal@gymme.me
• Website: https://gymme.me · Terms: https://gymme.me/terms · Privacy: https://gymme.me/privacy · Refunds: https://gymme.me/refunds
• Postal address: [Gymme, Inc. registered postal address — TO BE CONFIRMED]

These Terms of Service were last updated on June 23, 2026 and are effective as of June 23, 2026.