Terms of Service

Effective Date: December 13, 2024

These Terms of Service ("Agreement") govern your use of both the gym services provided by your selected gym and the technology platform provided by GymPro.AI. By accessing or using this website and its services, you agree to be bound by both (1) your gym's specific website terms of service where you will access your membership management services and (2) GymPro.AI's terms of service for the technology platform that enables membership management, payments, and related digital services.

1. General Terms

1.1 Platform Notice

GymPro.AI is an evolving platform that provides technology services to manage gym memberships, payments, and related digital features. While all efforts are made to ensure stability and functionality, users accept that periodic updates may temporarily impact the availability of certain features. Important notes:

  • GymPro.AI provides the technology platform only and is not responsible for gym operations or physical services.
  • Your primary relationship is with your selected gym, with GymPro.AI serving as the technology provider.
  • Platform updates may occur to improve functionality and security.

1.2 Changes to the Agreement

Both your gym and GymPro.AI reserve the right to update their respective terms at any time. Changes will be effective upon posting the revised Agreement. Continued use of the Services constitutes your acceptance of any updated terms.

1.3 Relationship with Individual Gyms

GymPro.AI provides a technology platform to facilitate membership management, payment processing, and other services for gyms. However, GymPro.AI is not a party to any agreements between individual gyms and their customers and is not responsible for disputes arising from gym-specific policies, fees, or services. Each gym is solely responsible for the terms of its membership agreements, governing law, and dispute resolution processes.

1.4 Governing Law

This Agreement has two distinct governing law provisions:

  • Platform-Related Matters: Any disputes arising from your use of GymPro.AI's platform or services will be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles, except where local laws in your jurisdiction provide additional protections that cannot be waived under this Agreement.
  • Gym-Related Matters: Disputes between you and your gym will be governed by and construed in accordance with the laws of the state in which your gym is located, without regard to its conflict of law principles. These matters are subject to the terms established by your individual gym.

2. Services

2.1 Access and Use

You are granted access to both your gym's physical services and GymPro.AI's digital platform features, subject to this Agreement and your gym's specific terms and conditions.

2.2 Platform Role and Responsibilities

GymPro.AI provides the technology platform for managing gym memberships, payments, and related services. Important distinctions:

  • GymPro.AI is not responsible for the operation of individual gyms or the quality of their services.
  • Disputes regarding gym services must be resolved directly with your gym.
  • Platform features may be updated or modified to improve functionality.
  • Your gym maintains primary responsibility for your membership and services.

2.3 Service Updates

The platform undergoes regular updates to improve functionality and security. While we strive to minimize disruptions, some updates may temporarily affect service availability.

3. Fees and Payments

3.1 Membership Fees

Your gym membership fees are set by your selected gym. All fees are non-refundable unless otherwise specified by your gym's policies.

  • Fee Changes: Your gym reserves the right to modify membership fees with notice as specified in their policies.
  • Payment Processing: Payments are processed through GymPro.AI's platform using Stripe's payment services.

3.2 Payment Processing

Payments are processed through our platform using Stripe. By using our payment services, you agree to both Stripe's terms of service and the following:

  • All payment disputes must be resolved directly with your gym.
  • GymPro.AI facilitates payment processing but is not responsible for gym billing policies.
  • Additional processing fees may apply as set by your gym.

3.3 Payment Terms

By providing payment information, you authorize charges for your gym membership and related fees. You are responsible for ensuring the accuracy of your payment information.

3.4 Payment Disputes

Payment disputes must be addressed directly with your gym. GymPro.AI's role is limited to providing the payment processing technology and cannot mediate disputes between you and your gym.

4. Privacy and Data Protection

4.1 Data Handling

Your personal information is handled in accordance with our Privacy Policy, which explains how data is collected, used, and protected by both your gym and GymPro.AI. Please review the Privacy Policy for complete details on data handling practices.

4.2 Platform Security

We implement security measures to protect your data, including:

  • Secure payment processing through Stripe.
  • Encrypted data transmission.
  • Secure data storage practices.

5. Term and Termination

5.1 Membership Term

Your membership term is governed by your agreement with your gym. Platform access continues as long as you maintain an active gym membership.

5.2 Account Termination

Account access may be terminated:

  • By your gym terminating your membership.
  • For violations of this Agreement.
  • For security or operational reasons.

6. Dispute Resolution

6.1 Gym Service Disputes

Any disputes regarding gym services, membership terms, physical facilities, or other gym-specific matters must be resolved directly with your gym according to their dispute resolution process. These disputes will be resolved in the city or county where your gym is located, under the laws of that state. GymPro.AI cannot mediate these disputes.

6.2 Platform-Related Disputes

Disputes specifically related to the GymPro.AI platform (such as technical issues) should be reported to support@gympro.ai. These disputes will be subject to Minnesota law and resolved according to GymPro.AI's dispute resolution process.

6.3 Limitation of Liability

GymPro.AI is not liable for any disputes, claims, or issues arising from:

  • Gym services or facilities.
  • Membership agreements with your gym.
  • Physical injuries or accidents at gym facilities.
  • Billing disputes with your gym.

6.4 Arbitration Agreement

The arbitration process depends on the nature of the dispute:

  • Platform-Related Disputes: Must be resolved through binding arbitration under the rules of the American Arbitration Association in Minnesota, with the following conditions:
    • Users may opt for small claims court as an exception to arbitration for disputes under $5,000.
    • Minnesota state laws will govern the process.
    • You explicitly waive your right to a trial by jury or to participate in class-action lawsuits.
    • Each party is responsible for their own arbitration costs unless otherwise determined by the arbitrator.
  • Gym-Related Disputes: Will be resolved according to your gym's arbitration terms, typically:
    • Through binding arbitration administered by a local arbitration provider.
    • In the city or county where the gym is located.
    • Under the laws of the state where the gym is located.
    • You explicitly waive your right to a trial by jury or to participate in class-action lawsuits.
    • Each party is responsible for their own arbitration costs unless otherwise determined by the arbitrator.
    • Subject to any additional terms specified in your gym's membership agreement.

6.5 Severability

If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect. This ensures that the Agreement as a whole maintains its enforceability even if individual provisions are challenged.

6.6 Force Majeure

Neither your gym nor GymPro.AI will be held liable for failure to fulfill obligations under this agreement due to events beyond their reasonable control, including natural disasters, pandemics, or government restrictions.

7. Additional Terms

7.1 Platform Updates

GymPro.AI regularly updates the platform to improve functionality and security. These updates may temporarily affect service availability but are necessary for platform maintenance and improvement.

7.2 Communication

Platform-related communications will be sent via email or in-app notifications. Gym-specific communications will come directly from your gym.

7.3 Digital Consent

By signing this agreement electronically or accepting it through the GymPro.AI platform, you acknowledge that this constitutes a legally binding agreement. Your electronic signature or acceptance has the same legal effect as a physical signature.

8. About GymPro.AI

The platform is provided by The Global Commerce Company LLC, a Minnesota-based entity. All references to "GymPro.AI," "we," "us," or "our" in this Agreement refer to this entity.

For platform-related questions, contact us at:
Email: support@gympro.ai