TERMS OF SERVICE

1. Agreement to Terms

By downloading, installing, accessing, or using the Gym Optimized mobile application (the “App”), you agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Gym Optimized (“we,” “us,” or “our”).

If you do not agree to these Terms, do not download, access, or use the App.

These Terms are governed by the laws of the State of Utah, United States. By using the App, you consent to the exclusive jurisdiction of the federal and state courts located in Utah for any disputes not subject to arbitration under Section 17.

If you have any questions about these Terms, contact us at support@gymoptimized.com.

2. Eligibility

2.1 Age Requirements

You must be at least 13 years of age to use the App. If you are between 13 and 17 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We reserve the right to terminate accounts where we have reason to believe the user does not meet the minimum age requirement.

2.2 Account Accuracy

By creating an account, you represent and warrant that:

• All information you provide is accurate, current, and complete
• You will maintain the accuracy of your information and update it as necessary
• You are not impersonating any other person or entity
• You have not been previously banned or suspended from the App

2.3 Geographic Restrictions

The App is available worldwide. However, certain features — including AI Coaching, in-app purchases, and Leaderboards — may not be available in all countries due to legal or technical restrictions. We make no representation that the App is appropriate or available for use in all locations.

3. Account Registration and Security

3.1 Account Creation

To access most features of the App, you must create an account using a valid email address and password. You may also be required to provide your name and optional profile information.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account, whether authorized by you or not
• Notifying us immediately at support@gymoptimized.com if you become aware of any unauthorized access to your account

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 One Account Per User

Each user may maintain only one active account. Creating multiple accounts to circumvent restrictions, obtain additional free trials, or abuse promotions is prohibited and may result in termination of all associated accounts.

3.4 Account Transfers

Your account is personal to you and may not be transferred, sold, or assigned to any other person or entity.

4. Health and Fitness Disclaimer

4.1 Medical Consultation

Before beginning any exercise program — especially if you have or suspect you have a medical condition, injury, cardiovascular disease, diabetes, or any other health concern — consult a qualified physician or licensed healthcare provider. This is especially important if you:

• Are pregnant or postpartum
• Have not exercised regularly in more than six months
• Are over the age of 45
• Have a family history of heart disease
• Are currently taking prescription medication

4.2 No Medical Relationship

Use of the App does not create a physician-patient relationship, therapist-client relationship, or any other professional healthcare relationship between you and Gym Optimized.

4.3 Exercise Risks

Physical exercise involves inherent risks including but not limited to musculoskeletal injury, cardiovascular stress, and in rare cases, serious injury or death. By using the App, you acknowledge these risks and voluntarily assume full responsibility for any injury, illness, or adverse health outcome resulting from your participation in any exercise program or activity.

4.4 Stop If Injured

If you experience chest pain, shortness of breath, dizziness, unusual pain, or any other adverse symptom during exercise, stop immediately and seek medical attention.

4.5 HIPAA Disclaimer

Gym Optimized is not a healthcare provider, health plan, or healthcare clearinghouse as defined under HIPAA. Data you enter in the App is not Protected Health Information (“PHI”) under HIPAA and is governed solely by our Privacy Policy.

4.6 Trainer and AI Coaching Disclaimer

When Trainer Coaching and AI Coaching features launch:

• Trainers on the platform are independent contractors, not employees of Gym Optimized
• Trainers are not medical professionals and their guidance does not constitute medical advice
• AI-generated workout recommendations are algorithmic suggestions only and do not constitute medical advice
• Gym Optimized is not responsible for the accuracy, quality, or outcomes of trainer or AI coaching guidance

5. Subscription Plans and Billing

5.1 Available Plans

Gym Optimized offers the following subscription tiers:

Plan	Price	Features
Free	$0	Core workout logging, basic exercise library, limited history
Pro	$9.99/month or $99.90/year	Full exercise library, unlimited history, auto-fill, body weight tracking, PRs, leaderboards, sharing
AI Basic	$19.99/month or $199.90/year	Pro features plus AI coaching (coming soon)
AI Unlimited	$24.99/month or $249.90/year	Unlimited AI coaching sessions (coming soon)

Prices are in USD and subject to change with notice. Applicable taxes may apply depending on your location.

5.2 Free Trial

New users who sign up for an account are eligible for a 7-day free Pro trial. The trial begins on the date of account creation. Only one free trial is permitted per user and per device. After the trial period ends, your account will automatically revert to the Free tier unless you subscribe to a paid plan.

5.3 Billing and Renewal

• Subscriptions are billed on a monthly or annual basis, depending on the plan selected
• Subscriptions auto-renew at the end of each billing period unless cancelled before the renewal date
• You authorize Gym Optimized and our payment processors (Apple, Google, or Stripe) to charge your payment method on a recurring basis
• Annual subscriptions are billed in full at the start of each annual period

5.4 Price Changes

We reserve the right to change subscription prices. We will provide at least 30 days’ notice of any price increase. Price changes will take effect at your next renewal date. If you do not agree with the new price, you may cancel before the renewal date.

5.5 Cancellation

You may cancel your subscription at any time through:

• The App Store (iOS) account settings
• The Google Play Store (Android) account settings
• Your account settings within the App

Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of the period for which you have already paid. Cancellation does not entitle you to a refund for the current billing period except where required by law or as stated in our Refund Policy.

5.6 Gym Leaderboard Subscription

Gyms and fitness facilities may subscribe to a Gym Leaderboard plan at $20.00 per month (when available). This plan is subject to separate terms and is managed through our website. The Gym Leaderboard plan allows gym owners to generate a QR code that members can scan to join a local leaderboard.

5.7 Trainer Plans

Personal trainers and coaches may subscribe to trainer plans through our website, managed separately from in-app subscriptions:

Plan	Price	Features
Starter	$5/month	1 to 10 active clients
Growth	$15/month	11 to 40 active clients
Pro	$40/month	41 to 75 active clients, analytics
Elite	$75/month	Unlimited clients, priority support

5.8 Payment Processing

All payments are processed securely through Apple In-App Purchases, Google Play Billing, or Stripe. Gym Optimized does not store your credit card or payment details. All payment disputes should be directed to the respective payment processor.

6. Refunds

6.1 General Policy

Gym Optimized subscriptions are generally non-refundable except as described in this Section or as required by applicable law.

6.2 iOS Purchases

Purchases made through the Apple App Store are subject to Apple’s refund policy. Refund requests must be submitted directly to Apple at reportaproblem.apple.com.

6.3 Android Purchases

Purchases made through the Google Play Store are subject to Google’s refund policy. Refund requests must be submitted directly to Google through the Google Play Store.

6.4 Exceptional Circumstances

We may, at our sole discretion, issue refunds in exceptional circumstances such as:

• Verified technical issues that prevented access to paid features for an extended period
• Billing errors attributable to Gym Optimized

Refund requests under exceptional circumstances should be submitted to support@gymoptimized.com within 14 days of the billing date in question.

6.5 No Refunds for Partial Periods

We do not provide refunds or credits for partial subscription periods, unused features, or unused portions of a subscription term.

7. Acceptable Use

7.1 Permitted Use

You may use the App solely for your personal, non-commercial fitness tracking and training purposes in compliance with these Terms and all applicable laws.

7.2 Prohibited Conduct

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable law or regulation
• Attempt to gain unauthorized access to any part of the App, its servers, or any system connected to the App
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
• Copy, modify, distribute, sell, or lease any part of the App or its content
• Use automated scripts, bots, scrapers, or other automated means to access or interact with the App
• Upload or transmit any malicious code, viruses, worms, or other harmful software
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the integrity or performance of the App or its servers
• Circumvent or attempt to circumvent any subscription restriction, free trial limitation, or security feature
• Create multiple accounts to obtain additional free trials or circumvent account bans
• Use the App to collect or harvest personal information about other users
• Post or transmit any content that is defamatory, obscene, abusive, threatening, or otherwise objectionable
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the App

7.3 User Content

When you submit content to the App — including custom exercise names, workout notes, and any other user-generated content — you represent that:

• You own or have the right to submit the content
• The content does not violate the rights of any third party
• The content does not violate any applicable law

You grant Gym Optimized a non-exclusive, royalty-free, worldwide license to use, store, display, and reproduce your content solely for the purpose of operating and improving the App.

8. Intellectual Property

8.1 Our Intellectual Property

The App and all of its content — including but not limited to the name “Gym Optimized,” the slogan “JUST G.O.,” the exercise library, coaching cues, workout programming, design, graphics, user interface, software code, and all other materials — are the exclusive property of Gym Optimized and are protected by copyright, trademark, trade secret, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes. This license does not include the right to:

• Sublicense the App to any third party
• Use the App’s content for commercial purposes
• Reproduce, distribute, or create derivative works from the App’s content
• Use the Gym Optimized name, logo, or trademarks without our prior written consent

8.3 Feedback

If you submit feedback, suggestions, or ideas to us, you grant Gym Optimized the right to use that feedback without restriction or compensation to you.

9. Privacy

Your use of the App is subject to our Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms, you also agree to our Privacy Policy. Our Privacy Policy describes how we collect, use, and protect your personal information, including your health data, progress photos, and workout history.

10. Third-Party Services

10.1 Third-Party Integrations

The App integrates with third-party services including Apple, Google, Stripe, RevenueCat, Cloudflare, and Railway. Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of any third-party services.

10.2 App Store Terms

Your use of the iOS version of the App is also subject to Apple’s App Store Terms of Service. Your use of the Android version is subject to Google Play’s Terms of Service. In the event of a conflict between these Terms and the App Store or Google Play terms, the App Store or Google Play terms shall govern solely with respect to your relationship with Apple or Google.

11. Leaderboards and Social Features

11.1 Leaderboard Participation

When Leaderboards are launched, participation is voluntary. By participating in a leaderboard, you consent to your display name and performance statistics being visible to other users.

11.2 Gym Leaderboards

Gym Leaderboards are operated by the subscribing gym or fitness facility. Gym Optimized is not responsible for the administration of individual gym leaderboards. Participation in a gym leaderboard is at your discretion and requires scanning a QR code provided by the gym.

11.3 Conduct on Leaderboards

You agree not to manipulate, falsify, or otherwise misrepresent your performance data on leaderboards. Suspected cheating or data manipulation may result in removal from leaderboards and account termination.

12. G.O. Programs

12.1 Program Purchases

Workout programs available through the App (“G.O. Programs”) may be offered for separate purchase. Program purchases are final and non-refundable except as required by applicable law or as described in our Refund Policy.

12.2 Program License

Purchase of a G.O. Program grants you a personal, non-transferable license to access and use the program content within the App. You may not share, resell, redistribute, or reproduce program content.

12.3 Program Availability

We reserve the right to modify, update, or discontinue programs at any time. We will provide reasonable notice of any material changes to programs you have purchased.

13. Disclaimers and Limitation of Liability

13.1 App Provided “As Is”

THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

13.2 No Guarantee of Availability

We do not guarantee that the App will be available at all times or that it will be free from errors, bugs, or interruptions. We may suspend or discontinue the App or any feature at any time without notice.

13.3 No Guarantee of Results

Gym Optimized makes no representation or warranty that use of the App will result in any particular fitness outcome, weight loss, muscle gain, performance improvement, or health benefit. Results vary by individual.

13.4 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GYM OPTIMIZED AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of data or workout history
• Loss of profits or revenue
• Physical injury or illness arising from exercise
• Unauthorized access to your account or data
• Any interruption or cessation of service
• Any bugs, viruses, or harmful code transmitted through the App

IN NO EVENT SHALL GYM OPTIMIZED’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO GYM OPTIMIZED IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

13.5 Essential Basis

YOU ACKNOWLEDGE THAT GYM OPTIMIZED HAS OFFERED THE APP AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

14. Indemnification

By using the App, you agree to defend, indemnify, and hold harmless Gym Optimized and its owners, officers, employees, contractors, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney’s fees) arising from:

• Your use of or inability to use the App
• Your violation of these Terms or our Privacy Policy
• Your violation of any third-party right, including intellectual property rights or privacy rights
• Any content you submit to the App
• Your violation of any applicable law or regulation
• Any injury, illness, or adverse health outcome resulting from physical activity undertaken in connection with use of the App
• Any unauthorized access to or use of our servers resulting from your actions

This indemnification obligation will survive termination of your account and your use of the App.

15. Termination

15.1 Termination by You

You may terminate your account at any time through Settings → Account → Delete Account. Termination does not entitle you to a refund for any unused portion of a subscription period except as described in our Refund Policy.

15.2 Termination by Us

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason including but not limited to:

• Violation of these Terms or our Privacy Policy
• Conduct that we determine, in our sole discretion, is harmful to other users, to us, or to third parties
• Fraudulent, deceptive, or abusive behavior
• Non-payment of subscription fees
• Requests from law enforcement or other government authorities

15.3 Effect of Termination

Upon termination of your account:

• Your right to use the App ceases immediately
• Your data will be deleted in accordance with our Privacy Policy
• Any outstanding subscription fees remain due and payable
• Sections 8 (Intellectual Property), 13 (Disclaimers), 14 (Indemnification), 16 (Governing Law), 17 (Dispute Resolution), and all other provisions that by their nature should survive termination will survive

16. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles.

Any legal action or proceeding arising under these Terms that is not subject to arbitration under Section 17 shall be brought exclusively in the federal or state courts located in Salt Lake City, Utah, and you hereby irrevocably consent to the personal jurisdiction and venue therein.

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to contact us at support@gymoptimized.com and attempt to resolve the dispute informally. You must provide written notice describing the nature of the dispute and the relief sought. We will attempt to resolve the dispute within 30 days. If the dispute remains unresolved after 30 days, either party may proceed to arbitration as set forth below.

17.2 Binding Arbitration

Except as otherwise provided in this Section, any dispute, controversy, or claim arising out of or relating to these Terms, your use of the App, any subscription or purchase, or any content within the App, shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at www.adr.org.

• Arbitration shall take place in Salt Lake City, Utah, or at the election of the consumer, by telephone or videoconference
• The arbitration shall be conducted by a single neutral arbitrator
• The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction
• The arbitrator may award any remedy that would be available in court, but may not award any remedy not available in court
• Each party shall bear its own attorneys’ fees and costs, except as may be awarded by the arbitrator for frivolous or bad-faith claims
• The arbitrator shall have authority to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim

17.3 Class Action Waiver

YOU AND GYM OPTIMIZED AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

Unless both you and Gym Optimized explicitly agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement in this Section shall be null and void.

17.4 Exceptions to Arbitration

The following claims are not subject to mandatory arbitration:

• Claims for injunctive or other equitable relief to prevent the unauthorized use of intellectual property or to prevent imminent harm to Gym Optimized
• Claims that are expressly excluded from arbitration under applicable law
• Individual actions brought in small claims court where the amount in controversy does not exceed the small claims court’s jurisdictional limit

17.5 Arbitration Fees

For claims under $10,000, Gym Optimized will pay all AAA filing, administrative, and arbitrator fees unless the arbitrator determines that the claim is frivolous. For claims over $10,000, AAA’s Consumer Arbitration Rules will govern the allocation of fees.

17.6 Opt-Out

You may opt out of the arbitration agreement within 30 days of first using the App by sending written notice to support@gymoptimized.com with the subject line “Arbitration Opt-Out.” Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.

17.7 Severability

If any provision of this Section 17 is found to be unenforceable, that provision shall be severed and the remaining provisions of this Section shall continue in full force and effect, except that if the class action waiver in Section 17.3 is found to be unenforceable, the entire arbitration agreement shall be void.

18. Changes to These Terms

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

• Update the “Last Updated” date at the top of these Terms
• Notify you through the App or via email
• For significant changes, require your acknowledgment before you can continue using the App

Your continued use of the App after updated Terms are posted constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the App and may delete your account.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features (such as Trainer Plans or G.O. Programs), constitute the entire agreement between you and Gym Optimized with respect to your use of the App and supersede all prior agreements, understandings, and negotiations.

19.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms remain in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if it is in writing and signed by an authorized representative of Gym Optimized.

19.4 Assignment

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

19.5 Force Majeure

Gym Optimized shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or server outages, or third-party service failures.

19.6 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Gym Optimized.

19.7 Contact Information

20. Contact Us

If you have questions about these Terms or need to reach our support team:

These Terms of Service were last updated on May 8, 2026.