Terms of service

§ 1 Scope and provider

1. These general terms and conditions ("Terms") apply to all contracts for the use of Gympli – the website gympli.com, the web app at https://test-app.gympli.com and the mobile apps for iOS and Android (together the "service") – between the provider and its users.
2. The provider is [Vor- und Nachname], [Straße und Hausnummer], [PLZ] [Ort], Deutschland, email: [E-Mail-Adresse], phone: [Telefonnummer] ("we", "us").
3. We conclude paid subscriptions exclusively with businesses within the meaning of § 14 BGB, i.e. people who purchase Gympli for their commercial, freelance or self-employed professional activity (e.g. trainers, coaches, studios). We do not offer paid subscriptions to consumers (§ 13 BGB). Free accounts – in particular those of an organization's clients – are also open to consumers; provisions that apply to them are marked as such.
4. Users' own terms do not apply, even if we do not expressly object to them.

§ 2 Services

1. Gympli is software for coaching training clients that we provide as a digital service over the internet. Trainers and studios can use it, among other things, to manage clients, create training plans, record training sessions, measurements and goals, send questionnaires and check-ins, schedule appointments, keep passes and attendance and exchange messages with clients and their team. The pricing page and the website describe the current features.
2. We provide only the software. Contracts for training, coaching or other services between trainers and their clients are concluded exclusively between them; we are not a party to them. Gympli does not process payments from clients to trainers.
3. The content users create in Gympli comes from them. We do not review it and do not adopt it as our own.

§ 3 Registration, minimum age and account

1. A user account is required to use the service. Only people who are at least 16 years old may register; you confirm this when registering or when claiming an account created for you.
2. You must provide true and complete information when registering and keep it up to date. Each person may have only one account; an account is not transferable.
3. Keep your sign-in details secret and inform us without delay if you suspect misuse. We recommend two-factor sign-in.
4. A trainer can create an account for another person and send them a link to claim it. The account can be used only once the person opens the link, sets their own sign-in details and accepts these Terms. The trainer may create accounts only for people who agree to it.

§ 4 Organization and roles

1. Each account belongs to at most one organization, in one of three roles:
   • Owner: creates the organization, takes out the paid subscription and has access to all clients, the team, billing and the organization's log.
   • Team: trainers invited by the owner; they see only the clients assigned to them.
   • Clients: are coached by the organization and see only their own data.
2. Using Gympli as a team member or client is free of charge for them. It requires the organization to have a valid subscription or a running trial. Without a valid subscription the organization's workspace is closed for all members; account settings, data export and account deletion remain available and no data is deleted.
3. The free user agreement runs for an indefinite period. You can end it at any time by deleting your account. We can terminate it with four weeks' notice in text form; the right to terminate for good cause remains unaffected.

§ 5 Taking out a paid subscription

1. The presentation of the plans on the website and in the app is not a binding offer.
2. The contract is concluded as follows: after registering, you choose a plan (Starter, Pro or Business) and the billing interval (monthly or yearly) in the app and, by choosing the plan, confirm that you are purchasing Gympli for your commercial, freelance or self-employed professional activity (§ 1(3)). You are then forwarded to the checkout page of our payment provider Stripe, where you enter your payment details. Before submitting, you see a summary of the plan, billing interval, price and end of the trial and can correct your entries or cancel via "Back".
3. By submitting the order on the checkout page you make a binding offer to take out the subscription. The contract is concluded when we accept your offer by activating the trial or subscription. We confirm the conclusion of the contract by email; these Terms, in the version you accepted, are attached to the confirmation.
4. The contract languages are German, English and Polish. We do not store the contract text separately for you; you can view, save and print these Terms on this page at any time. We have not subscribed to any code of conduct.

§ 6 Free trial

1. Every subscription starts with a free 7-day trial. It requires a payment method and is granted only once per account.
2. We charge nothing during the trial. We remind you by email before the trial ends.
3. If you do not cancel before the trial ends, it converts automatically into the paid subscription you chose and the first payment is due at the end of the trial. If you cancel during the trial, the contract ends when the trial ends, at no cost.

§ 7 Prices and payment

1. The prices shown on the checkout page when the contract is concluded apply. The pricing page shows the current prices per plan and billing interval; in Polish złoty (PLN) on the Polish website and in euros (EUR) otherwise.
2. [[Option A – small business: No VAT is charged under § 19 UStG (German small-business rule); the prices shown are final prices.]] [[Option B – standard VAT: All prices are subject to statutory VAT; for businesses with a valid VAT ID in another EU member state, the recipient is liable for the tax (reverse charge).]]
3. The fee is due in advance for each billing period, for the first time at the end of the trial. Payment is made via Stripe using the payment methods offered there. You receive invoices electronically; you find them in Stripe's customer portal, which you open under Account → Billing.
4. If a payment fails, we inform you and you can update your payment method in the customer portal. If payment is not made, the organization's workspace is closed until it is; your data is kept. Further rights remain unaffected.
5. You can change plans in the billing settings. The conditions shown to you before you confirm the change apply.

§ 8 Term, renewal and cancellation

1. The subscription is concluded for an indefinite period and billed in advance monthly or yearly, as you choose.
2. Monthly billing: you can cancel at any time with effect from the end of the current month.
3. Yearly billing: you can cancel at any time with effect from the end of the current contract year; without cancellation the subscription renews for another year.
4. You can cancel
   • in your account under Account → Billing,
   • or in text form, e.g. by email to [E-Mail-Adresse].
5. Until the cancellation takes effect you can continue to use the service and undo the cancellation in the customer portal. After that the workspace is closed; the data stays stored until you delete your account, so that you can resume the subscription later. Deleting your account ends a running subscription immediately.
6. Both parties' right to terminate for good cause remains unaffected. Good cause exists for us in particular if you seriously breach these Terms despite a warning.
7. Every user can export their personal data themselves at any time.

§ 9 Availability, maintenance and development

1. We strive for availability with as few interruptions as possible but do not owe any specific availability unless expressly agreed otherwise. We carry out maintenance at low-usage times where possible and announce longer interruptions in advance. Disruptions for which we are not responsible (e.g. internet outages or force majeure) are not attributable to us.
2. We provide the updates needed to keep the service in conformity with the contract, including security updates. For the mobile app you need to install them.
3. We may change the service beyond what is necessary if there is a valid reason – in particular technical development, security, changes in the law or new features – the change causes you no additional cost and we inform you clearly and comprehensibly. If such a change impairs your access to or use of the service more than insignificantly, we inform users who are consumers in good time in advance on a durable medium; they can then end the contract free of charge within 30 days of the information or the change (§ 327r BGB). We do not remove the contractually promised core features of a plan without your consent.

§ 10 Users' obligations

1. You may use the service only in accordance with the law and these Terms. In particular, you may not
   • upload unlawful or offensive content or content that infringes third-party rights,
   • transmit malware, circumvent security mechanisms or overload the service,
   • access other users' data without authorization or read the service automatically,
   • reverse-engineer the software except where permitted by law,
   • share access with third parties or circumvent plan limits (active clients, trainer seats).
2. You are responsible for backing up your content where it matters to you; the data export is available for this.
3. If there is a justified suspicion of a serious breach, we can temporarily block the content concerned or restrict access temporarily. We take your legitimate interests into account and inform you.

§ 11 Content and rights of use

1. Rights in the content you put into Gympli (e.g. exercises, plans, templates, photos, messages) remain with you. You grant us only the simple, free rights limited to the term of the contract that we need to provide the service: to store your content, process it technically (e.g. resize images), transmit it and show it to the people you have authorized. We do not use it for any other purpose, such as advertising.
2. You warrant that you hold the necessary rights in your content.
3. The software, the design and the exercise library we provide are protected by copyright. For the term of the contract you receive a simple, non-transferable right to use them within the service.

§ 12 Data protection and the organization's responsibility

1. Our privacy policy describes how we process personal data.
2. The organization is the controller under data protection law for the coaching content about its clients (e.g. plans, training sessions, measurements, check-ins, photos, notes, messages, calendar, passes); we process it on the organization's behalf. By taking out a subscription, the owner concludes our data processing agreement with us, which forms part of these Terms.
3. The owner is responsible for ensuring that they and their team process their clients' data lawfully, inform the clients and obtain any consent required – in particular the clients' explicit consent to the processing of their health data (Article 9 GDPR). Gympli does not obtain this consent itself.

§ 13 No medical advice

Gympli is software and not a medical device. Training plans, advice and feedback come from the trainers, who are solely responsible for them; they are not medical advice, diagnosis or treatment. Clarify health questions with a doctor before starting any training.

§ 14 Rights in case of defects

The statutory rights in case of defects apply. For users who are consumers they are governed by the provisions on digital products (§§ 327 et seq. BGB). Please report defects to [E-Mail-Adresse].

§ 15 Liability

1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.
2. In case of slight negligence we are liable only for the breach of an essential contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely (cardinal obligation). In this case liability is limited to the damage foreseeable and typical for the contract at the time it was concluded.
3. Otherwise liability is excluded. Towards businesses, strict liability for defects that already existed when the contract was concluded (§ 536a(1) BGB) is also excluded unless paragraph 1 applies.
4. These limitations also apply in favour of our vicarious agents. Consumers' statutory rights in case of defects in digital products remain unaffected.

§ 16 Changes to these Terms and to prices

1. We can change these Terms and the prices with effect for the future if there is an objective reason, such as a change in the law, case law, market conditions, our costs or the service. We notify you of changes in text form at least six weeks before they take effect.
2. Subscriptions: a change is deemed accepted if you do not object to it before it takes effect. We point out this consequence, your right to object and your right to cancel the contract until then separately in the notice.
3. Free accounts: we notify changes at least six weeks before they take effect; you can agree to them or delete your account at any time free of charge. Changes that are exclusively to your advantage can be made without consent.

§ 17 Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For users of free accounts who are consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the country of their habitual residence.
2. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is our place of business. The same applies to businesses without a general place of jurisdiction in Germany. The statutory places of jurisdiction apply to consumers.
3. These Terms are provided in German, English and Polish. The German version is authoritative; for consumers, mandatory consumer-protection provisions of the country of their habitual residence remain unaffected.
4. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.