Terms and Conditions
Please read these Terms and Conditions (“Terms”) carefully before using the GYMMI mobile application (“App”, “Service”). The Service is operated under the commercial brand “GYMMI” by Luis Alonso Martinez Garcia, an individual with business activity (persona fisica con actividad empresarial) under the laws of the United Mexican States (hereinafter “GYMMI”, “we”, “us”, or “our”).
By creating an account or using the Service, you (“User”, “you”, “your”) agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Service Description
GYMMI is a fitness application that uses artificial intelligence (“AI”) to generate personalized training plans, provide post-workout feedback, and adjust training sessions based on user-provided data.
The Service is for informational and educational purposes only. GYMMI is not a medical device and does not diagnose, treat, cure, or prevent any disease or medical condition.
2. Health and Medical Disclaimer
2.1 The Service does NOT provide medical advice. All content, including AI-generated training plans, exercise recommendations, volume prescriptions, and coaching feedback, is for general informational purposes only.
2.2 You should consult a qualified physician or healthcare professional before starting any exercise program, particularly if you:
- Have a pre-existing medical condition (cardiovascular, respiratory, metabolic, orthopedic, or neurological).
- Are recovering from surgery or injury.
- Are pregnant or postpartum.
- Take medication that affects physical performance or heart rate.
- Have not exercised regularly in the past 6 months.
2.3 AI-generated training plans are algorithmic recommendations based on general exercise science principles and the data you provide. They are NOT personalized medical prescriptions and do not account for conditions the AI cannot observe, including but not limited to: cardiovascular risk, hormonal conditions, neurological limitations, or medication interactions.
2.4 You must stop exercising immediately and seek medical attention if you experience: chest pain, dizziness, fainting, severe shortness of breath, nausea, or unusual pain during or after exercise.
2.5 GYMMI is not responsible for any health consequences resulting from following AI-generated plans without appropriate medical clearance.
3. Assumption of Risk
3.1 You acknowledge that physical exercise involves inherent risks, including but not limited to: muscle strains, ligament sprains, joint injuries, bone fractures, tendon injuries, overtraining, rhabdomyolysis, cardiovascular events, and in rare cases, serious injury or death.
3.2 You voluntarily assume all risks associated with using the training plans, exercise recommendations, and coaching feedback provided by the Service.
3.3 You are solely responsible for:
- Evaluating whether each exercise, weight, repetition range, and training volume is appropriate for your current fitness level and physical condition.
- Using proper form and technique during all exercises.
- Selecting appropriate equipment and ensuring it is in safe working condition.
- Monitoring your own physical responses during exercise.
- Adjusting or discontinuing exercises that cause pain or discomfort.
3.4 GYMMI does not supervise, monitor, or observe your exercise sessions and cannot assess your form, technique, or physical condition in real time.
4. AI Disclosure and Limitations
4.1 Training plans, session adjustments, weekly adjustments, and post-workout feedback are generated by third-party artificial intelligence models (currently OpenAI). GYMMI does not guarantee the accuracy, safety, or appropriateness of AI-generated content.
4.2 AI recommendations are based on:
- Data you provide (age, weight, goals, experience level, injuries, equipment).
- General exercise science literature.
- Your training history within the app.
4.3 AI may produce suboptimal, incorrect, or inappropriate recommendations. You must exercise your own judgment before following any recommendation.
4.4 GYMMI makes no guarantees regarding: fitness results, muscle growth, fat loss, strength gains, injury prevention, performance improvement, or any other specific outcome.
4.5 Your profile data, training history, and check-in data are sent to third-party AI providers (OpenAI) for processing. Your name and email are NOT sent to AI providers. See our Privacy Policy for details.
5. Eligibility
5.1 You must be at least 18 years of age to use the Service. If you are under 18, you must have the consent and supervision of a parent or legal guardian.
5.2 By using the Service, you represent that you are legally capable of entering into binding agreements.
5.3 You must not use the Service if a medical professional has advised you against physical exercise.
6. User Account and Obligations
6.1 You must provide accurate and truthful information when creating your account and setting up your profile, including health-related data (age, weight, injuries, experience level).
6.2 Providing false health information may result in AI generating inappropriate training plans that could increase your risk of injury.
6.3 You are responsible for maintaining the confidentiality of your account credentials.
6.4 You agree not to:
- Share your account with others.
- Use the Service for any unlawful purpose.
- Reverse engineer, decompile, or attempt to extract the source code.
- Circumvent any security measures or access restrictions.
- Use automated systems (bots, scrapers) to access the Service.
- Resell or redistribute AI-generated content commercially.
7. Subscriptions and Payments
7.1 GYMMI offers a single premium subscription plan (“Pro”), available on a monthly or annual basis. The monthly plan includes a 14-day free trial. Plan features are described within the App.
7.2 Pro subscriptions are billed through Apple App Store or Google Play Store. GYMMI does not directly process payments.
7.3 Subscriptions auto-renew at the end of the contracted period (monthly or annual) at the then-current price, unless cancelled before the renewal date. GYMMI will email you a renewal notice at least 5 calendar days before each automatic renewal, stating the renewal date and amount.
7.4 Cancellation: You may cancel your subscription at any time in an immediate, simple, and free manner — no penalties, no fees, no lock-in periods. Two equivalent paths are available:
- From the App: Settings → Manage subscription → Cancel subscription.
- Directly in your store: Apple Settings > Subscriptions, or Google Play > Subscriptions.
Apple and Google handle billing directly, so the effective cancellation is confirmed in your store. GYMMI cannot cancel subscriptions on your behalf. If you cancel before the end of the period you have already paid for, you keep Pro access until that date and will not be charged for the next period.
7.5 Refunds are handled according to Apple App Store or Google Play Store refund policies. GYMMI does not issue refunds directly.
7.6 Free trial: The monthly plan includes a 14-day free trial. If you do not cancel before the trial ends, your subscription will automatically convert to a paid monthly subscription at the then-current price. The annual plan does not include a trial period.
7.7 Consumer rights. In accordance with applicable consumer protection law (including Mexico’s Ley Federal de Protección al Consumidor and equivalent regimes), you have the right to:
- Cancel your subscription immediately, without penalties or lock-in periods.
- Receive at least 5 calendar days’ advance notice before any automatic renewal.
- Keep access to the service through the end of any period you have already paid for if you cancel.
- Not be subject to recurring charges without your express and informed consent.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
8.2 GYMMI DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY.
8.3 IN NO EVENT SHALL GYMMI, ITS CONTRACTORS, COLLABORATORS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use of or inability to use the Service.
- Any conduct or content of any third party on the Service.
- Injuries sustained during exercise performed based on AI recommendations.
- Unauthorized access to your account or data.
- Any other matter relating to the Service.
8.4 GYMMI’S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO GYMMI IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100 USD).
8.5 The foregoing does not exclude or limit liability for willful misconduct, bad faith, or any other liability that cannot be excluded or limited under applicable law, including Mexico’s Federal Consumer Protection Law (Ley Federal de Proteccion al Consumidor) where applicable to consumers in Mexico.
9. Indemnification
You agree to indemnify, defend, and hold harmless GYMMI and its contractors, collaborators, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:
- Your use of the Service.
- Your violation of these Terms.
- Your violation of any rights of a third party.
- Any injury or harm you suffer during exercise.
10. Intellectual Property
10.1 The App, including its design, code, algorithms, AI prompts, training methodologies, branding, and content, is the property of GYMMI and is protected by intellectual property laws.
10.2 Your workout data, check-in data, and personal records belong to you. You may request export or deletion of your data at any time.
10.3 You grant GYMMI a non-exclusive, worldwide, royalty-free license to use anonymized and aggregated data derived from your use of the Service for the purpose of improving the Service. This license does not include identifiable personal data.
11. Termination
11.1 You may delete your account at any time through the App settings. Upon deletion, all personal data will be permanently removed within 30 days.
11.2 GYMMI may suspend or terminate your account at any time, with or without notice, for conduct that violates these Terms or is harmful to other users or to the Service.
11.3 Upon termination, your right to use the Service ceases immediately. Sections 2, 3, 8, 9, and 10 survive termination.
12. Governing Law and Dispute Resolution
12.1 These Terms shall be governed by and construed in accordance with the laws of the United Mexican States (Mexico), without regard to conflict of law provisions.
12.2 Any disputes arising from these Terms shall be resolved through binding arbitration in Morelia, Michoacan, Mexico, in accordance with applicable arbitration rules, unless the parties agree otherwise. The foregoing does not affect the right of consumers located in Mexico to bring claims before the courts of their place of residence under the Federal Consumer Protection Law.
12.3 Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction.
13. Changes to These Terms
13.1 GYMMI reserves the right to modify these Terms at any time. The “Last updated” date at the top of this document will be revised accordingly.
13.2 Material changes will be communicated via email or in-app notification at least 14 days before taking effect.
13.3 Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.
14. Contact
If you have questions about these Terms, contact us at:
Operator: Luis Alonso Martinez Garcia (individual with business activity)
Email: legal@gymmi.coach
Address: Morelia, Michoacán, Mexico
By using GYMMI, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.