Terms & Conditions
By becoming a member or using our services, you accept these terms and conditions. Therefore, it is important that you carefully read through these terms and conditions. If you do not accept these terms, you should not register with Gympak.
Gympak Workout App is a service developed and provided by Gympak AB, (“Gympak”). The service is available online, including in the iPhone App Store as “Gympak Workout” and Google Play Store as “Gympak Workout”. The purpose of Gympak Workout is to help our users access training wherever they are in a simple and convenient way.
Using our services
To use our services, you must follow a few simple rules. The service is only available for your private use and is not intended for commercial use. Do not abuse the services, causing harm to Gympak or anyone else. You may only use the services according to the law and these terms and conditions. By using our services, you accept that:
- All personal information you provide is accurate and up-to-date.
- You are solely responsible for all activities on your account and all content uploaded and/or created under your Gympak Workout App account (“User Material”).
- Gympak does not monitor the content of the service but may at any time choose, at its sole discretion, to remove User Material from the service and/or your user account and terminate your account and membership.
- Your membership, including your email and password, with Gympak, is personal and cannot be transferred or used by anyone else. You are responsible for storing your login details securely. Gympak is not in any way responsible for loss or damage caused by unauthorized access to your account or use of your login details. If you suspect unauthorized use of your account, you must immediately inform Gympak customer service. Contact details are available at the bottom of this document.
- Gympak is not intended for use by persons under 12 years of age. To use Gympak, you must be at least 12 years old.
- Violation of these terms will result in immediate termination of your user account and subscription. If you breach these terms, you are not entitled to a refund.
- You may not engage in any commercial activity, advertise and/or provide tips (e.g. links) on commercial activity through our services.
- You may not engage in any illegal activities in the service, such as (but not limited to) contributing information that in any way contains hate speech, defamation, harassment, child pornography or pornography.
- You may not contribute to propaganda or religious and/or political opinions.
- If you have criticism or feedback regarding Gympak or our services, contact Gympak first to help us improve our services.
- You may not transmit and/or distribute files that could damage Gympak or others’ computers or property (such as viruses and trojans).
- You may not share other people’s personal information without their approval.
- Your Gympak membership continues until you cancel. To use the Gympak service, you must have internet access and use the app available on the Android App Store and Apple App Store.
- We provide several payment methods. By “Payment Method” we mean a current, valid, and accepted payment method that may need to be updated and may include payment through an account with a third party. If you do not cancel your membership before your billing date, you accept that the membership fee for the next billing period will be charged from your payment method.
- We may offer several different types of subscriptions, including subscriptions offered by external companies in connection with such companies providing their own products and services. Some types of subscriptions may have different terms and limitations described at registration or in other information made available to you. You can find specific information about your Gympak Workout in the application under the “Profile” link at the bottom right.
- Promotional offers. We may occasionally provide promotional offers, subscriptions, or memberships. Gympak determines who is eligible for a promotional offer, and we reserve the right to terminate an offer or promotion and close the account if we determine that you are not eligible for offers or promotions. We may use, for example, the device number, payment method, or email address used with an existing or recently terminated Gympak membership to determine if you are eligible for an offer or promotion. Eligibility requirements and other limitations and terms are displayed when you register for offers or promotions or in other communication made available to you.
Billing and Cancellation
- Billing period. The membership fee for the Gympak Workout service will be charged through your Payment Method on the specified payment date in the Gympak application under the “Profile” link at the bottom right. The length of your billing period depends on the type of subscription you chose when you signed up for the service. In some cases, the date of payment may change, for example, if your Payment Method could not be confirmed, when you change subscriptions, or if your paid subscription started on a date that does not exist in a certain month.
- Payment methods. To use the Gympak workout service, you must provide one or more Payment Methods. You agree that we will charge the Payment Method associated with your account if your primary Payment Method does not work or is no longer available to process the payment of your subscription fee. You remain responsible for all unpaid amounts. If a payment cannot be made because the payment method has expired, there are insufficient funds, or otherwise, and you do not cancel your account, we will suspend access to the service and delete all your data. This includes your personal information and all your scans. Please note that this cannot be undone and your data cannot be recreated. For some Payment Methods, the issuer may charge you additional fees, such as foreign transaction fees or other fees associated with the processing of your payment method. Local taxes may vary depending on the payment method used. Check with your payment method provider for more information.
- Cancellation. You can cancel your Gympak subscription at any time. You will continue to have access to the service until the end of your billing period. Payments are not refundable, and we do not provide refunds or credits for started subscription periods or Gympak content you have not used. Go to the Gympak application under the “Profile” link at the bottom right and follow the instructions to cancel your subscription. If you cancel your subscription, your account will automatically close at the end of your current billing period, and we will delete all your data. This includes your personal information and all your scans. Please note that this cannot be undone and your data cannot be recreated. To see when your account will close, click on “Cancel Subscription” in Gympak application under the link “Profile” at the bottom right. Please note that uninstalling the mobile application does not automatically stop your subscription – you must actively cancel the subscription. Please note that if you have subscribed to Gympak Workout using the App Store, Google Play Store, or any other such service provider, you can only cancel your subscription by using their services. To find out how to cancel your subscription and/or your account, follow the instructions in the app.
- Price and subscription changes. We sometimes change our subscriptions and change the price of our services. All price changes or changes to your subscriptions will take effect no earlier than 90 days after you have been informed about this. If you do not wish to accept the price change or the change of your subscription type, you can cancel your subscription before the changes take effect.
Personal data processing
Health and nutrition information
You are responsible for your own health. Gympak does not provide medical advice. The purpose of the services is solely to help our users track their workouts and monitor their health, weight, and fitness progress. Information made available through the services and by our partners should only be used for recreational and educational purposes. Always consult your doctor before starting a diet or fitness program or if you experience pain or discomfort. Gympak cannot guarantee any health, weight, and/or fitness results or improvements. Our services are intended for healthy adults only. Do not use our services if you suffer from or may suffer from any medical condition that may be worsened by diet or exercise. Gympak is not responsible for any personal injury or other damages that may have been the result, directly or indirectly, of the use or misuse of the services.
Intellectual property rights
All rights in and to the services, including trademarks, service marks, trade names, and copyrighted content (“Intellectual Property Rights”) presented within the service, belong to Gympak and/or third parties. You agree not to use the intellectual property for purposes other than your use of the service unless otherwise required by applicable mandatory law.
By submitting User Material to Gympak, you warrant that you have the copyright and/or other intellectual property rights to your content. You grant Gympak a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use User Material to the extent necessary for Gympak to operate and maintain the service. This license applies until the respective User Material has been removed from the service by you or Gympak in accordance with these terms.
You use the service at your own risk. The service is provided “as is” without any warranties, and Gympak does not guarantee that the service and availability will be uninterrupted or error-free. Gympak takes no responsibility for errors in information or software or other documents, including User Material, that is referenced by or linked to. References or links to third-party websites are provided “as is” without warranty of any kind.
Under no circumstances shall Gympak be liable for indirect damages, except in cases of intent or gross negligence. To the maximum extent permitted by applicable law, Gympak’s aggregate liability for all direct damages shall be limited to the lower of: (i) membership fees paid by the user; (ii) membership fees paid by the user during the previous calendar year; or (iii) SEK 5,000.
Choice of law and dispute resolution
These terms and the use of the services are governed by Swedish law. All claims arising out of or relating to these terms or the service shall be resolved by a general court with the District court in Jönköping as first instance.
However, for private customers, in the event of a dispute between Gympak and you, the parties shall first try to resolve the dispute through agreement. If the parties cannot agree, the dispute can be resolved by the National Board for Consumer Disputes (ARN. However, a party always has the right to bring an action in a general court.
The European Commission offers a website to help dissatisfied customers resolve disputes; you can find it here: http://ec.europa.eu/consumers/odr/
For clarity, Gympak does not undertake the obligation to monitor the content of User Material.
You do not have the right to assign your rights and/or obligations under these terms or use of the service to any third party without Gympak’s written consent. Gympak has the right to assign its rights and/or obligations under these terms.
Gympak reserves the right to refuse to provide the service for any reason at any time. Gympak may revise these terms, and the latest version will always be published on Gympak’s website (www.gympak.com). All changes come into force between you and Gympak when you accept such changes (e.g., by using the services after such notification has been made to you or renewing your subscription).
For further information, inquiries, or assistance, you can contact Gympak.
Gympak AB, org.nr 559373-8411
55450 Jönköping, Sweden