Terms & Conditions
Last updated: October 28, 2026
The short version
These points summarise the most important parts. The full Terms below are what apply.
- Gym AI Tracker is a training log with AI tools. It is not medical advice and not a medical device. Exercise carries a real risk of injury. Check with a doctor before you start and stop if something hurts.
- AI answers, form scores and nutrition estimates are generated automatically and can be wrong. Use your own judgement.
- Trainers in the marketplace are independent. We don't check their qualifications, and anything you agree or pay between you is between you and the trainer.
- Subscriptions renew automatically through Apple (and Google Play once the Android app is out) until you cancel in your store account. Refunds go through the store.
- Keep your own exports of data that matters to you. We take care of your data, but we can't promise it will never be lost.
- Our liability is limited as far as the law allows. Section 22 lists what we never limit, and your mandatory consumer rights always stay in place.
1. Who we are and what these Terms cover
Gym AI Tracker (the "App") is operated by Micron ("we", "us", "our"), based in Latvia, European Union. You can reach us at support@gymaitracker.com.
These Terms & Conditions (also called our Terms of Use) are a contract between you and Micron. They are the end user licence agreement for the App and also cover our website gymaitracker.com, the trainer marketplace and every other service we provide through the App (together, the "Service").
Our Privacy Policy explains how we handle personal data. It is not part of this contract, but please read it.
Section 29 contains terms that Apple requires for apps distributed through the App Store. If you downloaded the App from the App Store and these Terms are not shown there as the App's licence agreement, Apple's Standard End User License Agreement applies as well. Where the two differ, these Terms apply as far as Apple's rules allow.
2. Accepting these Terms
You accept these Terms when you download, install or use the App, create an account, sign in, or continue as a guest. If you don't agree, don't use the Service.
If you use the Service for a business, for example as a trainer, you accept these Terms for yourself and for that business, and you confirm you are allowed to do so.
3. Who can use the App
- You must be at least 18 years old to use the App. The App is built around AI features (section 10), and our AI provider's terms only allow them in services for adults.
- You must be able to enter into a binding contract where you live, and the law must not bar you from using the Service.
- You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
If we learn that someone under 18 is using the App, we may close the account and delete its data.
4. Accounts and guest mode
Accounts
- You can create an account with an email address and password, or with Sign in with Apple. Give us accurate information and keep your email address up to date so you can reset your password.
- One account is for one person. Don't share your account or let anyone else use it.
- Keep your password and device secure. You are responsible for everything done through your account unless it happened because of our failure to protect it.
- Tell us right away at support@gymaitracker.com if you think someone has accessed your account without permission.
Guest mode
You can use the App without an account. Guest data is stored only on your device and never reaches our servers. We cannot see it, back it up or recover it. If you delete the App, reset its data or lose your device, guest data is gone. Features that need our servers (sync, AI, food search, the marketplace, subscriptions) require an account.
Sync
Cloud sync is part of paid plans, and of the plan your trainer pays for while you are connected (section 12.11). On the free plan your data stays on your device.
5. Your licence to use the App
We give you a personal, limited, non-exclusive, non-transferable, revocable licence to download and use the App on devices you own or control, in line with these Terms and the usage rules of the store you got it from (for the App Store, the Usage Rules in Apple's Media Services Terms and Conditions, which also allow Family Sharing where it applies). Trainers may use the App to run their coaching business, within these Terms.
Unless the law expressly allows it despite this restriction, you must not:
- copy, modify, translate or create derivative works of the App;
- decompile, reverse engineer or disassemble the App or try to extract its source code;
- rent, lease, lend, sell, sublicense or redistribute the App or access to the Service;
- remove or change any copyright, trademark or other notices;
- use the App to build a competing product, or to copy its features, content or exercise library.
The licence ends automatically if you break these Terms, and when your contract with us ends. All rights we don't expressly grant stay with us and our licensors.
6. Acceptable use
You agree not to:
- break any law, or help anyone else do so;
- upload or send content that is unlawful, defamatory, hateful, harassing, threatening, sexually explicit, violent, or that infringes anyone's rights, including intellectual property and privacy rights;
- upload photos or videos of other people, or their personal or health data, without their permission;
- impersonate anyone, misrepresent your identity, qualifications or affiliation, or create fake accounts or profiles;
- post fake, paid, incentivised or misleading reviews or ratings, or manipulate rankings;
- use the marketplace, connection requests or reviews to send spam or advertising, or for anything other than genuine coaching;
- try to access other users' accounts or data, or any part of the Service you are not meant to access;
- probe, scan or test the Service for vulnerabilities, or get around security measures, rate limits, usage limits or plan restrictions;
- use bots, scrapers or other automated means to access the Service, except the App itself;
- interfere with or overload the Service, or introduce viruses or other harmful code;
- use the AI features to create harmful, illegal or deceptive content, to get around their safety measures, or in breach of our AI provider's use policies;
- use the Service to give or obtain medical diagnosis or treatment.
If you find a security problem, please tell us at support@gymaitracker.com instead of using it.
7. Your content
"Your content" means everything you add to the Service: workouts, routines, notes, body measurements, nutrition logs, exercise photos, food photos, exercise videos, AI Trainer messages, connection request messages, reviews, trainer profiles, and food products you add to the shared product database.
You keep ownership
You keep all rights you have in your content. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, adapt (for example, resize or convert) and display your content, but only as needed to run, provide, secure and support the Service and to comply with the law. This includes:
- sending content to our service providers, including our AI provider when you use AI features (as described in the Privacy Policy);
- showing content to the people you choose to share it with, such as a connected trainer;
- showing public content to other users of the App: trainer profiles and reviews on the marketplace, and products you add to the shared product database, which every user can find and log.
The licence ends when your content is deleted from the Service, except for copies in backups until they are replaced, and anything we must keep by law.
You are responsible for your content
You confirm that you have the rights and permissions needed for your content, including the consent of anyone who appears in your photos or videos, and that your content is accurate where it claims facts (for example, a trainer's qualifications or a product's nutrition values). We don't check content before it is posted and we are not responsible for content posted by users. We may remove or restrict content that breaks these Terms or the law (section 8).
8. Reporting content and how we moderate
If you see a trainer profile, review or connection request that you believe is illegal or breaks these Terms, tap Report next to it in the App and pick a reason. For a product entry or anything else, or if you want to tell us more, email support@gymaitracker.com with a link or description of the content, where it appears, and why you think it is a problem. Please include your name and email address unless the report is about child sexual abuse material.
You can also block another user from their trainer profile or connection request. After that, neither of you sees the other in the marketplace or can send the other a connection request, and any open request between you ends. To block the trainer you are connected to, disconnect first. You can unblock people in Settings → Blocked users.
We review reports promptly, and a person reviews every report. Two things happen automatically: reviews and connection request messages that contain links, email addresses or phone numbers are refused, and a trainer profile or review reported by several different users is hidden from other users until we have looked at it. We use no other automated moderation. If content breaks the law or these Terms, we may remove it, hide it, limit who can see it, remove a profile from the marketplace, or suspend or close the account. We will tell the affected user what we did and why, unless the law prevents us or the content is spam. If you disagree with a decision, reply to our message or email us within six months and we will look at it again. You can also use the other remedies available to you under the law, including going to court.
We may suspend people who repeatedly post illegal content or repeatedly send reports that are clearly unfounded.
Our single point of contact for users and for authorities under the EU Digital Services Act is support@gymaitracker.com. You can write to us in English or Latvian.
9. Health and safety
The App is a fitness tracking tool. It is not a medical device and does not give medical advice. It does not diagnose, treat, cure or prevent any disease or condition, and nothing in the App creates a doctor-patient or other professional relationship. We are not doctors, physiotherapists, dietitians or certified personal trainers.
- Talk to a doctor before you start an exercise programme, change your diet, or follow any routine, plan or suggestion in the App, especially if you have a medical condition, an injury, high blood pressure, heart problems, are pregnant or have recently given birth, take medication, or have not exercised for a while.
- Stop exercising immediately if you feel pain, dizziness, faintness, chest pain or pressure, shortness of breath, or any other unusual symptom, and get medical help.
- Use correct technique, warm up, choose weights within your ability, use a spotter or safety equipment where appropriate, and check that your equipment and surroundings are safe.
- Do not use the App in an emergency. If you need urgent help, call your local emergency number (112 in the EU).
- Calories burned, form scores, nutrition values and other figures in the App are estimates, not measurements.
Assumption of risk. Physical exercise involves risks, including muscle and joint injuries, heart problems, and in rare cases serious injury or death. You decide what exercise you do, how hard you train and what you eat. To the extent the law allows, you take on these risks yourself. This does not limit our liability for death or personal injury caused by our negligence, or any other liability listed in section 22.
10. AI features
The App includes features powered by artificial intelligence: the AI workout generator, Smart Coaching insights, post-workout AI summaries, warm-up suggestions, 4-week plans and their weekly adjustment, the AI Trainer chat, video form analysis, food photo analysis, and AI client analysis and routine generation for trainers. These features use a third-party AI service.
By using AI features, you understand and agree that:
- AI output is generated automatically and can be wrong. It can be inaccurate, incomplete, out of date, inappropriate, or unsafe for you. No person reviews it before you see it.
- AI output is for information only. It is not medical, health, fitness, nutrition or other professional advice, and it does not replace a doctor, dietitian or qualified trainer.
- Don't rely on it. You are responsible for deciding whether to use any AI suggestion and for checking that it suits your health, fitness level and circumstances. Do not use AI output as the only basis for a decision about your health.
- Video form scores are estimates. The form score and feedback are the AI's assessment of one short clip. They depend on the camera angle, lighting and video quality, can miss problems or report problems that aren't there, and are not a safety check. A good score does not mean a movement is safe for you.
- The AI does not know your full medical history. Only tell it what you are comfortable sharing, and don't enter other people's personal or health data without their permission.
- The App asks for your permission before it sends anything to the AI provider, and you can switch this off at any time in Settings → Share data with AI. The Privacy Policy explains exactly what is sent.
- AI features have daily and monthly usage limits that depend on your plan. Results may be similar to results given to other users.
- The AI features depend on our provider. We may change the model or provider, change or limit AI features, or pause them if the provider is unavailable or if we need to for legal, safety or cost reasons.
As between you and us, you may use AI output for your own training. We don't promise that it is unique or free of third-party rights.
11. Nutrition information
- Calorie and nutrient values from food photo analysis are AI estimates of portion size and content and can be significantly wrong.
- Food search and barcode results come from third-party databases (USDA FoodData Central, Open Food Facts and, where enabled, FatSecret) and from products other users have added. This data is provided as it is and may contain errors or be out of date. Products added by users are not checked by us.
- Nutrition features are for tracking and information only. They are not dietary advice or a nutrition plan for any medical purpose. Do not rely on them to manage food allergies or intolerances, diabetes, eating disorders, pregnancy, or any condition that needs exact intake. Always check the product label and get advice from a doctor or registered dietitian.
- Nutrition plans assigned by a trainer are the trainer's responsibility (section 12).
12. Trainer marketplace and coaching
12.1 What the marketplace is
The marketplace lets trainers on a Trainer plan publish a profile, and lets users find trainers and ask to connect. Trainers can also invite clients with a code. Once connected, a trainer can assign routines and nutrition plans to the client and see the client's shared data (as described in the Privacy Policy). We only provide the software that makes this possible.
12.2 Trainers are independent
Trainers are independent users of the App. They are not our employees, agents, partners or contractors, and they do not act on our behalf. We do not supervise, direct or control their work, and listing a trainer is not an endorsement or recommendation.
12.3 We don't verify trainers
We do not verify the identity, qualifications, certifications, licences, insurance, experience or any other claim of trainers. Everything on a trainer profile, including the "certifications" and "years of experience" fields, is the trainer's own statement. Ratings and reviews are other users' opinions. Before you work with a trainer, make your own checks and ask for proof of anything that matters to you.
12.4 Agreements and payments are between trainer and client
Any agreement between a trainer and a client, including about prices, payments, sessions, cancellations and refunds, is solely between them. We are not a party to it. Payments between trainers and clients happen outside the App; we do not process, hold, guarantee or refund them, and we are not responsible if either side does not pay or perform. If a trainer offers services as a business, the trainer must tell clients so and must follow the consumer law that applies to those services; any consumer rights you have for a trainer's services are against the trainer, not us.
12.5 We are not responsible for trainers
To the extent the law allows, we are not responsible for any trainer's advice, instructions, routines, nutrition plans, conduct, availability or results, including anything that happens in person. If you follow a trainer's advice, you do so at your own risk. Tell your trainer about any health condition or injury and talk to your doctor before following a trainer's plan.
12.6 What trainers must do
If you use the App as a trainer, you are solely responsible for your coaching services, and you agree to:
- hold every qualification, certification, licence, registration and insurance required by law where you work, and keep them valid;
- keep your profile accurate and never claim qualifications, experience or affiliations you don't have;
- comply with all laws that apply to your services, including consumer protection, tax, data protection, and health and safety law, and pay your own taxes and social contributions;
- give advice that is safe and within your competence, and refer clients to a doctor where appropriate;
- treat client data as confidential, use it only to coach that client, respect the client's sharing choices, and not copy or keep it after the connection ends except where the law requires; you are responsible as an independent controller under data protection law for anything you do with client data outside the App;
- use the AI client analysis only with your client's agreement, and treat its results like any other AI output (section 10);
- behave professionally and never harass, discriminate against, or pressure clients.
12.7 Reviews
- Only users who are or have been connected to a trainer through the App can review that trainer. Each client can leave one review per trainer and can edit it later; sending a new review replaces the old one.
- Reviews must be honest, based on your own experience, and follow section 6. Don't post reviews about yourself or a trainer you have a business or personal relationship with that would bias you, and don't offer, accept or ask for anything in return for a review.
- Trainers must not review themselves, offer incentives for reviews, or pressure clients about reviews.
- Reviews (star rating, text and date) are shown on the trainer's profile to all users of the App, without the reviewer's name or email address. The trainer may still be able to tell who wrote a review.
- We don't check whether the content of a review is true and we don't pay for reviews. The trainer's average rating is calculated from all active reviews; the profile shows the most recent reviews first.
- We may remove reviews that break these Terms or the law. We don't edit reviews.
12.8 How trainers are listed
The marketplace shows the public profiles of trainers whose Trainer plan is active. By default, trainers are ordered by average rating, highest first, with trainers who have no rating after them. Users can search by name or bio and filter by specialisation and language. Nobody can pay for a better position.
12.9 Removing profiles, reviews and connections
We may hide, restrict or remove trainer profiles, reviews and connections, and suspend or close accounts, if we reasonably believe they break these Terms or the law, put users at risk, or expose us to legal liability. We will tell the trainer or reviewer what we did and why, unless the law prevents it. If you use the App as a trainer for your business, we will give you at least 30 days' notice before ending your access to the marketplace for good, unless the law requires us to act sooner, you have seriously or repeatedly broken these Terms, or the decision is about illegal content. You can ask us to review any decision by emailing support@gymaitracker.com.
12.10 Trainer accounts
If you use the App as a trainer, these Terms also apply to you as a business user. We give business users at least 15 days' notice of changes to these Terms that affect them (section 23).
12.11 Trainer plans and client sync
Trainers pay for their own Trainer plan, which includes a fixed number of client slots. A client who has no paid plan of their own syncs through their trainer's plan while they are connected. If the client or the trainer disconnects, or the trainer's plan ends, the connection ends: the trainer loses access, sync through the trainer stops (unless the client has their own plan), routines the trainer assigned stay with the client as the client's own, and the trainer's nutrition plan is removed. The client's data stays on their device.
13. Subscriptions and payments
Plans
The App has a free plan and paid plans: Premium, Pro, Pro + Nutrition AI, and Trainer plans (Basic, Pro and Elite, each also with Nutrition AI). Each paid plan is offered monthly or yearly. The paywall in the App shows each plan's features, limits and current price before you buy. One subscription unlocks one account: a purchase belongs to the account it was bought on and cannot be moved to another account while that account exists.
Buying through the store
Subscriptions are sold through the Apple App Store and, once the Android app is available, Google Play. The store processes the payment and charges it to your Apple ID or Google Play account when you confirm the purchase. The store's terms of sale also apply. We never receive your card details.
Automatic renewal
Subscriptions renew automatically for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period. Your store account is charged for the renewal within 24 hours before the current period ends.
Cancelling
You can cancel at any time in your store account: on iPhone, in Settings → your name → Subscriptions; on Android, in Google Play → Payments & subscriptions → Subscriptions. The App's paywall and Settings also link there. After you cancel, you keep access until the end of the period you have paid for. Deleting the App or your account does not cancel a subscription.
Free trials and introductory offers
If we offer a free trial or introductory price, the store shows its length, price and what happens when it ends before you confirm. Unless you cancel at least 24 hours before it ends, it turns into a paid subscription at the regular price.
Refunds
Refunds for store purchases are handled by Apple or Google under their refund policies; we cannot issue refunds for purchases made through a store. Any right of withdrawal you have as a consumer in the EU is handled by the store under its terms. This does not affect your statutory rights (section 22).
Changing plans
Plan changes follow the store's rules. On the App Store, upgrades take effect immediately and downgrades or switches between monthly and yearly take effect at the next renewal. On Google Play, changes take effect immediately, and the unused time on your current plan is credited toward the new plan by moving your next billing date.
Price changes
We may change subscription prices. The store will tell you before a price increase applies to your subscription and, where its rules or the law require, ask for your consent. A new price never applies to a period you have already paid for. If you don't want to pay the new price, cancel before it takes effect.
Plan features and limits
Usage limits (such as AI requests per day, video and food photo analyses per month, and trainer client slots) are part of each plan. We may adjust plans and limits for valid reasons such as changes in our providers' prices or terms, abuse prevention, or new features. If a change significantly reduces what you have paid for during a paid period, we will tell you in advance and you may cancel; section 17 explains your rights. If your plan ends or you downgrade, your data is kept, but paid features such as sync stop. You can still read and delete your past AI Trainer conversations and video analyses.
Access we grant without payment (for example, complimentary or test access) can be changed or ended at any time.
14. Third-party services
The Service works with services run by other companies, including Apple (App Store, Sign in with Apple, Apple Health), Google (Google Play, once the Android app is available), our AI, hosting, storage and email providers, and food databases. Your use of their services may be subject to their own terms and privacy policies, and you must comply with any third-party terms that apply to you when you use the App, such as your mobile data plan. We are not responsible for third-party services, websites or content, or for their availability, and links to them are not endorsements.
15. Our intellectual property
The App, the Service and everything in them that is not your content, including the software, design, text, graphics, exercise library, animations, logos and the name "Gym AI Tracker", belong to Micron or our licensors and are protected by intellectual property laws. Some content, such as exercise animations, is used under licence from third parties, stays theirs and is subject to its own licence terms. These Terms do not give you any rights in our intellectual property other than the licence in section 5. You may not use our name or logos without our written permission.
16. Feedback
If you send us ideas, suggestions or other feedback about the Service, you give us a free, worldwide, perpetual and irrevocable right to use them for any purpose without paying you or crediting you. We are not obliged to use feedback or keep it confidential. This does not apply to your content or personal data, which we handle as described in these Terms and our Privacy Policy.
17. Availability, changes and your data
Availability
We work to keep the Service running, but we do not promise that it will always be available, uninterrupted, fast, secure or error-free. It may be unavailable because of maintenance, updates, failures, problems with our providers or the internet, or events outside our control. Some features need an internet connection.
Changes to the App
We may change, add or remove features, change how they work, or stop providing the Service, for valid reasons: changes in law or regulatory guidance, security or safety, changes made by our providers, technical needs, abuse prevention, cost, or improving the App. Where a change materially reduces your access to a feature you have paid for, we will tell you clearly in advance, the change will cost you nothing extra, and you may cancel your subscription; as a consumer you may also have the right to end the contract free of charge within 30 days of the change. If we stop providing the Service altogether, we will give reasonable notice and tell you how to export your data, and you will get a refund of any unused prepaid period through the store or from us.
Your data
We take reasonable care of your data, but no system is perfect and data can be lost or damaged, for example through device failure, sync conflicts or incidents at our providers. Guest data, and training data on the free plan (unless you sync through a trainer), exist only on your device. Keep your own copies of data that is important to you, for example with the export feature in Settings (on Premium and above) or by emailing us for a copy. To the extent the law allows, we are not responsible for loss of data that regular exports would have prevented.
18. Suspension and termination
You can stop using the Service at any time and delete your account in Settings → Account → Delete Account. Remember to cancel any subscription in your store account as well.
We may suspend or close your account, or restrict features, if you break these Terms or the law, if your use puts other users, us or third parties at risk, if we suspect fraud or abuse, or if a provider or authority requires it. We will tell you the reason unless the law or a security reason prevents it. Where the problem can be fixed, we will usually warn you first. If we close your account for reasons other than your breach, and you have paid for a period you can no longer use, contact us and we will make sure you get a refund for the unused part, through the store or from us.
When the contract ends, your licence ends and your data is deleted as described in the Privacy Policy. Sections that by their nature should continue after the contract ends, including sections 7 (for content already shared), 9, 10, 12.4 to 12.6, 15, 16 and 19 to 28, continue to apply.
19. Disclaimer of warranties
Subject to section 22, the Service is provided "as is" and "as available". To the fullest extent the law allows, we make no promises or warranties, express or implied, about the Service, including that it will meet your needs, give any particular result (such as strength, weight or health outcomes), or be accurate, complete, reliable, available, secure or free of errors, and we exclude any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. This includes AI output, form scores, calorie and nutrition values, food database entries, and anything provided by trainers or other users.
If you are a consumer, this section does not affect your statutory rights, including your right to an App that conforms to the contract.
20. Limitation of liability
Subject to section 22, and to the fullest extent the law allows:
- We are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, business, goodwill, opportunity or data, however it arises.
- We are not liable for loss that was not reasonably foreseeable when you accepted these Terms, or that was caused by your breach of these Terms, your failure to follow the safety guidance in section 9, or events outside our reasonable control.
- We are not liable for the acts, advice, content or omissions of trainers, other users or third-party services, for AI output or how you use it, or for any injury or loss that results from exercise, diet or other activities you choose to do.
- Our total liability to you for all claims relating to the Service or these Terms is limited to the greater of (a) the total amount you paid for subscriptions to the App in the 12 months before the event giving rise to the claim, and (b) EUR 50.
21. Indemnity
Subject to section 22, you agree to compensate Micron for any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) brought by a third party against us that arise from your content, your breach of these Terms, your violation of any law or of anyone else's rights, or, if you are a trainer, your coaching services, advice, conduct, client relationships and taxes. We will tell you about such a claim promptly and let you take part in its defence.
If you use the Service as a consumer, this section applies only where you are at fault and only as far as the law of your country allows.
22. Rights the law gives you that these Terms do not limit
Nothing in these Terms, including sections 9, 10, 12, 19, 20 and 21, excludes or limits:
- our liability for death or personal injury caused by our negligence;
- our liability for fraud or fraudulent misrepresentation;
- our liability for damage caused intentionally or through gross negligence;
- our liability under product liability law;
- any other liability that cannot be excluded or limited under the law that applies to you;
- your mandatory rights as a consumer, including your rights if the App or the Service does not conform to the contract, and any right of withdrawal you have under the law.
If you are a consumer and the law of your country does not allow us to limit our liability for breach of an essential obligation of this contract (an obligation that makes the contract possible and that you rely on), our liability for slight negligence in that case is limited to the damage that is foreseeable and typical for this kind of contract, instead of the cap in section 20.
The exclusions and limits in these Terms apply only as far as the law allows. If any of them is not valid in a particular case, the rest still apply.
23. Changes to these Terms
We may update these Terms for valid reasons: changes in the law or regulatory guidance, changes to the Service or our plans, changes made by our providers or the app stores, security reasons, or to make the Terms clearer. The date at the top shows when they last changed.
For material changes, we will tell you in the App or by email at least 30 days before they take effect (at least 15 days for trainers using the App for their business), unless we have to make the change sooner for legal or security reasons. If you keep using the Service after the changes take effect, the new Terms apply. If you don't agree, stop using the Service, delete your account and cancel your subscription before the changes take effect; if you have paid for a period you can no longer use because of a change you don't accept, contact us about a refund of the unused part.
24. Governing law
These Terms and any dispute about them or the Service are governed by the laws of the Republic of Latvia, without regard to its conflict of law rules. If you are a consumer and live in another country, you also keep the protection of the mandatory laws of the country where you live.
25. Disputes
If you have a problem with the Service, please email support@gymaitracker.com first so we can try to solve it informally.
If we can't agree, the courts of Latvia have jurisdiction. If you are a consumer, you may also bring a claim in the courts of the country where you live, and we can only bring a claim against you there. As a consumer you may also contact your national consumer protection authority or an alternative dispute resolution body; in Latvia this is the Consumer Rights Protection Centre (www.ptac.gov.lv).
26. Severability
If a court or authority finds any part of these Terms invalid or unenforceable, that part will be applied to the greatest extent allowed or, if that is not possible, removed, and the rest of the Terms stay in full force.
27. Entire agreement
These Terms, together with the terms of the store you bought a subscription from, are the entire agreement between you and us about the Service and replace any earlier agreements or statements about it. Nothing in this section limits liability for fraudulent misrepresentation.
28. Other general terms
- No waiver. If we don't enforce a right straight away, we can still enforce it later.
- Transfer. We may transfer this contract to a company that takes over the App or our business, provided your rights are not reduced; we will tell you if this happens. You may not transfer your rights or obligations under these Terms.
- Events outside our control. We are not responsible for delays or failures caused by events outside our reasonable control, such as outages at our providers, internet failures, cyberattacks, natural disasters, war or government action.
- Third-party rights. Apple and its subsidiaries can enforce these Terms as set out in section 29. Nobody else other than you and us has rights under these Terms.
- Notices. We may send you notices in the App or to the email address on your account. You can send notices to support@gymaitracker.com.
- Language. These Terms are written in English. If we provide a translation, the English version applies if they differ, as far as the law allows.
29. Apple App Store terms
If you downloaded the App from the Apple App Store, the following also applies:
- Agreement. These Terms are between you and Micron only, not Apple. Micron, not Apple, is solely responsible for the App and its content.
- Scope of licence. Your licence is limited to a non-transferable licence to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may also be accessed by other accounts associated with you through Family Sharing or volume purchasing.
- Maintenance and support. Micron is solely responsible for any maintenance and support of the App, as described in these Terms or required by law. Apple has no obligation at all to provide maintenance or support for the App.
- Warranty. Micron is responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any). To the maximum extent permitted by law, Apple has no other warranty obligation regarding the App, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are Micron's responsibility, subject to these Terms.
- Product claims. Micron, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including (a) product liability claims, (b) claims that the App fails to conform to any legal or regulatory requirement, and (c) claims under consumer protection, privacy or similar laws, including in connection with the App's use of HealthKit. These Terms do not limit Micron's liability to you beyond what the law permits.
- Intellectual property. If a third party claims that the App or your possession and use of it infringes their intellectual property rights, Micron, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
- Legal compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer contact. Questions, complaints or claims about the App go to Micron at support@gymaitracker.com.
- Third-party terms. You must comply with applicable third-party terms of agreement when using the App, such as your wireless data service agreement.
- Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
30. Google Play
If you download the App or buy a subscription through Google Play, the Google Play Terms of Service also apply to that download or purchase. These Terms are between you and Micron, not Google. Google is not responsible for the App or its support, and refunds for Google Play purchases are handled under Google Play's refund policies.
31. Contact
Gym AI Tracker is operated by Micron, Latvia. For questions, complaints or notices about these Terms or the Service, email support@gymaitracker.com.
See also our Privacy Policy and Your Privacy Choices.