Terms of Service

GymMark

Last Updated: December 1, 2025

Introduction

Welcome to GymMark. These Terms of Service ("Terms") govern your access to and use of the GymMark mobile application ("App," "Service," or "GymMark").

By downloading, installing, or using GymMark, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. Acceptance of Terms

By accessing or using GymMark, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

These Terms constitute a legally binding agreement between you and GymMark (operated by Bill Stein, "we," "us," or "our").

2. Eligibility

You must meet the following requirements to use GymMark:

  • Be at least 13 years of age (or the minimum age required in your jurisdiction)
  • Have the legal capacity to enter into a binding agreement
  • Not be prohibited from using the App under applicable laws

Minors: If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use GymMark with the consent and supervision of a parent or legal guardian who agrees to these Terms.

3. License & Account

3.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use GymMark on your personal iOS device for your personal, non-commercial use.

3.2 License Restrictions

You may NOT:

  • Copy, modify, or create derivative works of the App
  • Reverse engineer, decompile, or disassemble the App
  • Remove, alter, or obscure any proprietary notices in the App
  • Use the App for any commercial purpose without our written consent
  • Rent, lease, lend, sell, redistribute, or sublicense the App
  • Use the App in any way that violates applicable laws or regulations
  • Attempt to gain unauthorized access to our systems or services
  • Interfere with or disrupt the App or servers

3.3 Account Creation (Optional)

You may use GymMark in Guest Mode without creating an account. If you choose to create an account:

  • You must provide accurate and complete information
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized access or security breach
  • We reserve the right to suspend or terminate accounts that violate these Terms

3.4 Beta Access

Users who create accounts before January 1, 2026, are designated as "Beta Users" and may receive special benefits or features. We reserve the right to modify or terminate beta programs at any time.

4. User Content & Data

4.1 Your Data

You retain all rights to the workout data, personal information, and other content you create or upload to GymMark ("User Content"). By using the App, you grant us a limited license to store, process, and display your User Content solely for the purpose of providing the Service to you.

4.2 Data Storage

  • Local Storage: All data is stored locally on your device
  • Cloud Storage: If you create an account, your data is synced to Firebase (Google Cloud) for backup and multi-device access
  • Guest Mode: Data remains exclusively on your device and is never transmitted to our servers

4.3 Data Backup

While we provide cloud synchronization for account users, you are responsible for backing up your own data. We recommend using the CSV export feature regularly. We are not liable for any loss of data.

4.4 User Responsibilities

You agree to:

  • Not upload or share any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Not impersonate any person or entity
  • Not violate the intellectual property rights of others
  • Not use the App to transmit spam, viruses, or malicious code

5. Health & Fitness Disclaimer

IMPORTANT: Please read this section carefully.

5.1 Not Medical Advice

GymMark is a fitness tracking tool and is NOT a substitute for professional medical advice, diagnosis, or treatment. The App provides:

  • Workout tracking capabilities
  • TDEE and calorie calculations (estimates only)
  • Exercise information from third-party databases
  • Progress tracking features

These are informational tools only and should not be considered medical or professional advice.

5.2 Consult a Professional

Before starting any new exercise program, diet, or fitness regimen:

  • Consult with a qualified healthcare provider or physician
  • Seek professional advice if you have any pre-existing medical conditions
  • Get clearance from a doctor if you have been sedentary or have health concerns
  • Work with a certified personal trainer or nutritionist for personalized guidance

5.3 Assumption of Risk

Physical exercise involves inherent risks, including but not limited to:

  • Muscle strain, sprains, or injuries
  • Cardiovascular stress
  • Exacerbation of pre-existing conditions
  • In rare cases, serious injury or death

By using GymMark, you acknowledge and assume all risks associated with physical exercise. You agree to exercise safely, use proper form, and listen to your body.

5.4 Exercise Information

Exercise descriptions and information in the App are sourced from third-party databases (Wger.de) and are provided "as is." We do not guarantee the accuracy, completeness, or safety of any exercise information. Always:

  • Learn proper form from qualified instructors
  • Start with appropriate weights and progressions
  • Use spotters when necessary
  • Stop immediately if you experience pain or discomfort

5.5 Calorie & TDEE Calculations

TDEE (Total Daily Energy Expenditure) and calorie recommendations are estimates based on mathematical formulas. Individual results vary based on:

  • Metabolism
  • Body composition
  • Hormonal factors
  • Medical conditions
  • Activity accuracy

These calculations are not a substitute for professional nutrition advice. Consult a registered dietitian or nutritionist for personalized guidance.

5.6 Apple Health Integration

If you enable Apple Health integration, data is shared between GymMark and Apple Health. We are not responsible for:

  • Inaccuracies in data from third-party apps
  • Data conflicts between apps
  • Apple Health data privacy (governed by Apple's policies)

5.7 No Liability for Health Outcomes

We are not liable for any health outcomes, injuries, or adverse effects resulting from your use of GymMark or following any information in the App. You use the App at your own risk.

6. Third-Party Services

GymMark integrates with third-party services, including:

  • Firebase/Google Cloud - Authentication and cloud storage
  • Google Sign-In - OAuth authentication
  • Sign in with Apple - OAuth authentication
  • Apple HealthKit - Health data integration
  • Wger Exercise Database - Exercise information

Your use of these third-party services is governed by their respective terms of service and privacy policies. We are not responsible for the practices, content, or availability of third-party services.

Links to third-party terms:

7. Intellectual Property

7.1 Our Intellectual Property

GymMark and all related content, features, functionality, software, designs, text, graphics, logos, and trademarks are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

7.2 Third-Party Content

Exercise information is sourced from the Wger exercise database (open-source). Apple, Google, Firebase, and HealthKit are trademarks of their respective owners.

7.3 Feedback

If you provide us with any feedback, suggestions, or ideas about the App ("Feedback"), you grant us an unrestricted, perpetual, royalty-free license to use such Feedback for any purpose without compensation or attribution to you.

8. Payment & Subscriptions

Current Status: GymMark is currently free to use. Users who sign up before January 1, 2026, are designated as "Beta Users" and may receive special benefits.

If we introduce paid features or subscriptions in the future:

  • Pricing will be clearly disclosed before purchase
  • Payments will be processed through the Apple App Store
  • Subscriptions will be governed by Apple's subscription terms
  • Refunds will be handled according to Apple's refund policy
  • Beta Users may receive grandfather pricing or continued free access

We reserve the right to modify pricing, introduce new features, or discontinue features at any time with reasonable notice.

9. Disclaimers & Warranties

9.1 "As Is" Service

GymMark is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

  • Implied warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy, reliability, or completeness of information
  • Uninterrupted or error-free operation
  • Security of data transmission or storage

9.2 No Guarantee of Results

We do not guarantee that using GymMark will result in any specific fitness, health, or weight outcomes. Individual results vary.

9.3 Service Availability

We do not guarantee that:

  • The App will be available at all times
  • The App will be free from bugs, errors, or security vulnerabilities
  • Cloud sync will always function without interruption
  • Third-party services will remain available

We may suspend, modify, or discontinue the App at any time without notice.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

10.1 No Liability for Damages

IN NO EVENT SHALL GYMMARK, ITS DEVELOPERS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or use
  • Personal injury or property damage
  • Health outcomes or injuries from exercise
  • Data loss or corruption
  • Interruption of service

Even if we have been advised of the possibility of such damages.

10.2 Maximum Liability

Our total liability to you for all claims arising from your use of GymMark shall not exceed the greater of:

  • The amount you paid to us in the past 12 months (if any)
  • $100 USD

10.3 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless GymMark, its developer (Bill Stein), affiliates, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the App
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your User Content
  • Any injuries or health issues resulting from your use of the App

12. Termination

12.1 Termination by You

You may stop using GymMark at any time by:

  • Uninstalling the App from your device
  • Deleting your account (contact us for cloud data deletion)

12.2 Termination by Us

We may suspend or terminate your access to GymMark at any time, with or without notice, for:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Any other reason at our sole discretion

12.3 Effect of Termination

Upon termination:

  • Your license to use the App immediately ends
  • You must cease all use of the App
  • We may delete your cloud data (local data remains on your device until app deletion)
  • Sections of these Terms that should survive termination will remain in effect (e.g., disclaimers, limitations of liability, indemnification)

13. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

  • We will update the "Last Updated" date at the top of this page
  • For material changes, we will notify you via the App or email
  • Your continued use of the App after changes constitutes acceptance of the updated Terms

If you do not agree to the updated Terms, you must stop using the App.

14. Governing Law & Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of New Brunswick and the applicable federal laws of Canada, without regard to its conflict of law provisions.

14.2 Jurisdiction

Any legal action or proceeding arising from these Terms or your use of GymMark shall be brought exclusively in the courts located in New Brunswick, Canada, and you consent to the personal jurisdiction of such courts.

14.3 Informal Resolution

Before filing any legal claim, you agree to first contact us at billsteindev@gmail.com to attempt to resolve the dispute informally.

14.4 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and GymMark regarding your use of the App.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, strikes, or failures of third-party services.

15.6 Apple App Store Requirements

To the extent you access the App through the Apple App Store, you acknowledge and agree that:

  • These Terms are between you and GymMark, not Apple
  • Apple has no obligation to provide maintenance or support services
  • Apple is not responsible for addressing any claims relating to the App
  • Apple is a third-party beneficiary of these Terms and may enforce them
  • You must comply with Apple's App Store Terms of Service

15.7 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations.

16. Contact Information

If you have any questions about these Terms, please contact us:

17. Acknowledgment

By using GymMark, you acknowledge that:

  • You have read and understood these Terms of Service
  • You have read and understood our Privacy Policy
  • You agree to be bound by these Terms
  • You understand the health and fitness disclaimers
  • You assume all risks associated with physical exercise
  • You will consult appropriate professionals before starting any fitness program

Thank you for using GymMark. Train safe and track smart!