Terms of Service
Last updated: 19 August 2026
1. Preliminary provisions
1.1. This document determines the conditions to which the users of the Gympher.com Service are bound to observe.
1.2. Contents of the Gympher.com Service are available only to logged in users.
1.3. Features of the Gympher.com Service become available upon creating a user account and require a device with internet access: via the mobile app (iOS or Android) or an internet browser.
1.4. The Gympher.com Service allows storage of user’s personal information. The Gympher.com Service does not administer nor modify the information provided. Further, it reserves the right to delete any information that does not comply with the Terms of Service.
1.5. It is not guaranteed that performing the exercises listed in the Service will provide intended results. They are solely intended for reference when creating workout routines. The Gympher.com Service may not be held accountable for misinterpretation of these exercises, which may in consequence result in injury or unsatisfactory performance.
1.6. The Gympher.com Service does not provide medical advice. The content available in the Service, including exercises, workout plans and body measurements, is for informational purposes only and does not constitute medical or health advice. Users should consult a qualified healthcare professional before beginning any exercise program, particularly if they have pre-existing health conditions or injuries. The Service is not a substitute for professional medical diagnosis or treatment.
1.7. Curated training programs included by default in the Service (e.g. push/pull templates of varying difficulty) are illustrative examples designed for general fitness audiences, not for any specific User. Loads, repetition counts, rest periods and exercise selection are starting points that the User is expected to adjust to their own ability, goals and any medical limitations. The Company does not act as the User's personal trainer, and following a default program does not establish a coaching, medical or therapeutic relationship between the User and the Company.
2. Definitions
2.1. Terms of Service – terms contained herein.
2.2. Gympher.com Service – the Gympher mobile applications (iOS and Android) and the internet service operated on the gympher.com domain, operated by the company IT SERVICES KRYSTIAN JARMOSZKA
2.3. Company – IT SERVICES KRYSTIAN JARMOSZKA Armii Krajowej 6B/6 50-541 Wrocław. Tax ID: 7471860332.
2.4. Account – holds the information and access privileges on the Gympher.com Service.
2.5. User – a person registered on the Gympher.com Service.
2.6. Exercises – proposed list of exercises which the User can refer to. The Gympher.com Service does not guarantee the accuracy nor correctness of exercise terminology or categorization of specific parameters, such as muscle groups, types or available options.
2.7. Training – a set of exercises which can be adjusted and allow saving of results in groups.
2.8. Measurement – note body measurements and analyse them over time.
3. Registration in the Gympher.com Service
3.1. Only natural persons above the age of 18 are allowed to register in the Gympher.com Service. Entrepreneurs may only register as Users upon Service's approval.
3.2. User account may be created by using a registration form available in the Gympher.com Service.
3.3. Following a successful registration, the User will be granted access to their own account in the Gympher.com Service. The User is responsible for all information submitted on their account and is therefore eligible to manage or delete it.
3.4. A successful registration of an account bounds the User and the Gympher.com Service with an online service agreement, regulated by the Terms of Service.
3.5. Users who had their Gympher.com account locked in the past due to infringement of law or the Terms of service are not eligible to register a new account in the Gympher.com Service.
3.6. The User may register or sign in using their Google or Apple account. By doing so, the User authorises the Gympher.com Service to receive from the respective provider their email address (or, for Apple Hide My Email, a relay address that forwards to it) and, where shared, their full name. The Service does not request any other data from the Google or Apple account. If an account already exists for the same verified email address, the Google or Apple sign-in will be linked to that account automatically.
3.7. The User may unlink Google or Apple sign-in at any time from their profile settings. If the User has not set a password on their account, they must set one before unlinking the only available sign-in method, otherwise they would lose access to their account.
4. Terms of use of the Gympher.com Service
4.1. The User may not act unlawfully or against commonly accepted moral principles.
4.2. The User is fully liable of contents that they submit on the Gympher.com Service.
4.3. The User may not impersonate other natural persons.
4.4. Any actions intended to disrupt or damage the integrity of the Service are forbidden.
4.5. It is not allowed to register new accounts through an automated process or to use the Service for other purposes than it is intended.
4.6. It is not allowed to submit any contents that are illegal or against commonly accepted moral or social principles. This includes contents such as:
- vulgar and offensive content
- violence and pornography
- discrimination based on race, colour of skin, gender, religion, sexual orientation, nationality or other categories that could be harmful
- third party copyright infringement
4.7. It is not allowed to share links to websites which include contents listed in point 4.6.
4.8. It is not allowed sell the account.
4.9. Sex offenders are forbidden from using the Gympher.com Service.
4.10. By submitting content on the Gympher.com Service the User gives their consent that it will be used to operate the Service.
4.11. User may only submit contents to which they own the right.
5. Role of the Gympher.com Service Administrator
5.1. If User creates a name which includes contents listed in point 4.6, the Administrator reserves the right to adjust it.
5.2. If information submitted by the User include contents listed in point 4.6, it may be adjusted or removed by the Administrator. In severe cases the User's account may be locked or removed.
5.3. The Gympher.com Service exercises due diligence to maintain correct operation of the Service. However, a temporary limitation of the Service's operation may occur to conduct necessary maintenance.
6. Claims and complaints
6.1. User can submit complaints about the operation of the Gympher.com Service that is explained in the Terms of Service.
6.2. Complaints can be sent in writing by registered letter at the following address: Al. Armii Krajowej 6B/6 50-541 Wrocław, or by e-mail at the following address: contact@gympher.com
6.3. A complaint should be explained in detail and include the User’s username and e-mail address used to register the account.
6.4. Complaints will be reviewed within 14 days from the day of receipt by the Gympher.com Service.
6.5. The Gympher.com Service promises to share information about how the complaint was reviewed by e-mail address tied to the User’s account.
7. Termination of Gympher.com Service account
7.1. The Gympher.com Service are provided indefinitely, however the User can close their account at any moment by going through account termination process, which is available within the Service.
7.2. Termination of a Gympher.com account also terminates the agreement between the User and the Service.
7.3. The Gympher.com Service reserves the right to suspend or close User’s account at any time or delete any contents submitted by the User if:
7.3.1. The User is infringing the Terms of Service or terms accepted by the User.
7.3.2. The User has provided information or declarations that are untrue, outdated, incorrect or incomplete, or those belonging to another person.
7.3.3. If the Gympher.com Service is legally obliged to do so.
7.4. If the User claims that their account has been erringly suspended or closed, or intends to close or complete delete their account, they should submit the request to the Gympher.com Service.
7.5. In circumstances not listed in point 7.3, the Gympher.com Service is obliged to terminate the agreement with a 14 day notice period.
7.6. After requesting account termination, the account is deactivated immediately and data is permanently deleted after a 30-day grace period. During this grace period, the User may cancel the deletion by signing in again and reactivating the account. After 30 days, the account and all of the User's personal information and contents (including uploaded photos) are permanently and irreversibly deleted. The User may request immediate data deletion by contacting: contact@gympher.com. The termination procedure is explained on the following webpage: https://gympher.com/delete-account.
8. Personal data and privacy in the Gympher.com Service
8.1. The Gympher.com Service manages the User’s personal data necessary for implementation of Terms of Service. This data is processed by the Gympher.com Service to conclude the agreement and to conform to the conditions of the Terms of Service, including the provision of high-quality services.
8.2. The Gympher.com Service processes personal information of the Users for other purposes and in scope, which are listed here.
8.3. Within the scope unregulated by these Terms of Service, the User’s personal data and protection of user’s privacy are instead regulated by the Privacy Policy here. This document discloses full information required by the GDPR regulation. The User is obliged to fully read the contents of this document and accept its conditions before attempting to register an account in the Service.
8.4. Gympher.com Service processes the customer’s data in accordance with the laws and regulations, particularly with the Regulation (UE) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as 'GDPR').
9. Health and fitness data
9.1. The Gympher.com Service collects and processes data related to physical activity, including workout logs, exercise history, body measurements and training progress, as well as nutrition-related data: the food diary (foods and meals you log), calorie and macronutrient goals, body weight targets, height and activity level. This data is processed solely to provide the core functionality of the Service.
9.2. The data described in point 9.1 may constitute health-related data within the meaning of Article 9 of GDPR. By registering and using the Service, the User gives explicit consent to the processing of such data for the purposes described in the Privacy Policy.
9.3. The User may withdraw consent to the processing of health-related data at any time by deleting their account. Withdrawal of consent does not affect the lawfulness of processing carried out prior to its withdrawal.
9.4. The Gympher.com Service does not share health-related data with third parties for marketing or advertising purposes.
9.5. Nutrition-related features of the Service, including calorie and macronutrient calculations, dietary goals and the nutritional values of food products, are provided for informational purposes only and do not constitute medical, dietetic or other professional advice. Consult a qualified professional before making significant changes to your diet. The Service is not intended for the diagnosis or treatment of any medical condition, including eating disorders.
9.6. Nutritional values shown in the Service are estimates. Data on packaged food products may originate from the community-maintained Open Food Facts database, used under the Open Database License (ODbL), and may be incomplete or inaccurate. Always verify nutrition information against the actual product packaging. Values for dishes prepared on site (e.g. in restaurants, food stands or canteens) are an approximation of a typical serving; the actual recipe and portion size vary between venues.
10. Limitation of liability
10.1. The Gympher.com Service is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
10.2. The Gympher.com Service does not guarantee uninterrupted, timely, secure or error-free operation of the Service.
10.3. To the maximum extent permitted by applicable law, IT SERVICES KRYSTIAN JARMOSZKA shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, data, use or goodwill, arising out of or in connection with the use of the Service.
10.4. The total liability of IT SERVICES KRYSTIAN JARMOSZKA for any claims arising under or in connection with the Service shall not exceed the amount paid by the User to the Service in the 12 months preceding the claim, or 100 PLN, whichever is greater.
10.5. Nothing in these Terms of Service shall exclude or limit liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
11. Online Dispute Resolution
11.1. The EU Online Dispute Resolution (ODR) platform referred to in Regulation (EU) No 524/2013 was discontinued on 20 July 2025 and no longer accepts new cases.
11.2. Consumers may use out-of-court complaint and redress mechanisms, including mediation conducted by the regional inspectorates of the Polish Trade Inspection (Inspekcja Handlowa), permanent consumer arbitration courts operating at those inspectorates, and the free-of-charge assistance of municipal (district) consumer ombudsmen. Details are available at https://uokik.gov.pl.
11.3. The use of out-of-court dispute resolution is voluntary. Our contact e-mail address: contact@gympher.com.
12. Changes to Terms of Service
12.1. In case of adjustments of the Gympher.com Terms of Service, the Users will be informed about this fact within the Service or by e-mail. If the User does not agree with the changes, they can delete their account. This process is explained on this webpage: https://gympher.com/delete-account
12.2. If the User continues to use the Service after having read the updated Terms of Service they thereby accept the changes to the Terms of Service.
12.3. We will inform the users about any changes to the Terms of Service at least 14 days in advance, to give the users sufficient time to read the adjusted terms.
13. Subscription, payments and free trial
13.1. The Gympher.com Service is provided as a paid subscription, with an initial free trial period.
13.2. Free trial: Each new User account is granted a one-time 30-day free trial of the full Service, starting on the date of account registration. After the trial period ends, continued access to logging, tracking and other paid features requires an active paid subscription.
13.3. Trial eligibility: The free trial is limited to one trial per natural person. To prevent abuse, the Service identifies trial eligibility using the User's email address (in hashed form). Creating multiple accounts or using different email addresses to obtain additional trials is prohibited.
13.4. Subscriptions are sold and billed exclusively through the in-app purchase systems of the Apple App Store (for iOS users) and Google Play (for Android users). The Company does not bill Users directly. Available subscription plans, prices, billing periods and currencies are displayed in-app at the moment of purchase.
13.5. Auto-renewal: Subscriptions automatically renew at the end of each billing period (e.g. monthly or yearly, as specified at purchase) at the then-current price, unless the User cancels at least 24 hours before the end of the current period. Payment is charged to the User's App Store or Google Play account upon confirmation of purchase and at the start of each renewal period.
13.6. Cancellation: The User may cancel an active subscription at any time through their device's subscription settings (Apple ID account → Subscriptions on iOS; Google Play → Subscriptions on Android). Cancellation takes effect at the end of the current paid period; the User retains access to paid features until that date. The Service does not accept cancellation requests submitted via e-mail or through the in-app interface, as it has no technical control over store-managed subscriptions.
13.7. Refunds: All refund requests for in-app purchases are handled by Apple or Google in accordance with their respective policies (https://support.apple.com/HT204084 for Apple, https://support.google.com/googleplay/answer/2479637 for Google Play). The Company is not able to issue refunds directly for purchases made through these platforms.
13.8. Failed payments: If a payment fails (e.g. expired card, insufficient funds), the platform may attempt to retry the charge. During this period the User's access to paid features may be temporarily restricted. If the payment cannot be collected, the subscription is treated as expired and the User loses access to paid features until they subscribe again.
13.9. Price changes: The Company reserves the right to change subscription prices. Users with an active subscription will be notified at least 30 days before any price increase and will have the opportunity to cancel before the change takes effect, in accordance with the Apple App Store and Google Play policies on subscription price changes.
13.10. Loss of access after trial or subscription expiry: When a User's free trial ends without an active subscription, or when an active subscription expires, access to paid features is suspended. The User's account and stored data (workouts, logs, measurements) remain available; access is restored upon resubscribing. The User may delete their account at any time as described in point 7.
14. Right of withdrawal (consumers in the EU)
14.1. As a consumer residing in the European Union, the User generally has the right to withdraw from a contract concluded at a distance within 14 days, in accordance with Directive 2011/83/EU and the Polish Act of 30 May 2014 on consumer rights.
14.2. The Service is provided as digital content / a digital service that is delivered immediately upon completing the purchase and starting the trial or subscription. By beginning to use the Service before the 14-day withdrawal period expires, the User: (a) gives explicit prior consent to the immediate provision of the digital service before the 14-day withdrawal period ends, and (b) acknowledges that the right of withdrawal is lost once performance has begun, in accordance with Article 16(m) of Directive 2011/83/EU and Article 38(13) of the Polish Act on consumer rights.
14.3. Acceptance of these Terms of Service at registration constitutes the explicit consent referred to in 14.2(a) and the acknowledgment of the loss of the right of withdrawal once performance has begun.
14.4. Notwithstanding the above, refund procedures specific to in-app purchases through the Apple App Store and Google Play (see point 13.7) remain available to the User in accordance with the policies of those platforms.