Terms & Conditions

1. Agreement and Parties

This Mobile Application Terms and Conditions / End User License Agreement ("Agreement") is a binding agreement between you ("End User," "User," or "you") and QG Labs LLC ("Company," "we," "us," or "our"). This Agreement governs your use of the GymAmigo mobile application (the "Application" or "App"), including the app for iPhone and Android devices, the Apple Watch companion app, iOS widgets and Live Activities, and the associated coach web portal at coach.gymamigo.app (collectively, the "Platform"), and all related documentation. The Application is licensed, not sold, to you.

This Agreement should be read alongside our Privacy Policy (https://gymamigo.app/privacy), which is incorporated herein by reference. In the event of a conflict between this Agreement and the Privacy Policy with respect to data privacy matters, the Privacy Policy shall control.

2. Eligibility and Account Requirements

You must be at least 16 years of age to create an account or use the App. By creating an account, you represent and warrant that you are at least 16 years old. We validate date of birth at account creation. If we discover that an account has been created by a person under 16, we will terminate that account and delete associated data.

You represent that you have the legal capacity to enter into this Agreement and that all registration information you provide is accurate, current, and complete. You agree to keep your registration information current and to update it promptly if it changes.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

3. License Grant

Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download, install, and use the Application for your personal, non-commercial use on one or more mobile devices (iPhone, iPad, or Android device) owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation and these Terms; and
• Access, stream, download, and use on such Mobile Device the content and services made available in or otherwise accessible through the Application, strictly in accordance with this Agreement.

If you are approved as a Coach on the Platform, your license also includes access to and use of the web-based coach portal (coach.gymamigo.app) solely in connection with your coaching activities on the Platform, subject to the additional terms in Section 11.

4. License Restrictions

Except as expressly permitted by applicable law or expressly authorized in writing by the Company, you shall not:

• Copy the Application, except as expressly permitted by this license;
• Modify, translate, adapt, or otherwise create derivative works or improvements of the Application;
• Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
• Remove, delete, alter, or obscure any trademark, copyright, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or any feature or functionality of the Application to any third party for any reason;
• Use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any material on the Application;
• Use any manual process to monitor or copy any material on the Application, or for any other unauthorized purpose, without Company's prior written consent;
• Frame, mirror, or otherwise incorporate the Application or any portion thereof as part of any other mobile application, website, or service;
• Use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application;
• Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
• Use the Application as a medical device or for medical diagnosis, treatment, emergency response, life-support, safety-critical decisions, or any purpose for which inaccurate or delayed information could result in death, personal injury, or property damage; or
• Use the Application for any unlawful purpose or in violation of any applicable law or regulation.

5. Reservation of Rights

You acknowledge and agree that the Application is provided under license and not sold to you. You do not acquire any ownership interest in the Application under this Agreement or any other rights thereto other than to use the Application in accordance with the license granted and subject to all terms, conditions, and restrictions of this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

6. Collection and Use of Your Information

You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, session tokens and device identifiers) to collect information about your Mobile Device(s) and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality.

All information we collect through or in connection with this Application is subject to our Privacy Policy (https://gymamigo.app/privacy). By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7. Subscription, Payments, and In-App Purchases

7.1 Freemium Model

GymAmigo operates a freemium model: a free tier is available indefinitely with access to core features. A Pro subscription unlocks additional features as described within the App. There is no time-limited free trial; free-tier access does not expire. The specific features available at each tier may be updated from time to time at Company's sole discretion.

7.2 Payment Processing

All subscriptions and in-app purchases, including marketplace program purchases, are processed by the app store you downloaded the App from: Apple In-App Purchase on iOS or Google Play Billing on Android (each, an "App Store"). By initiating a purchase, you agree to that App Store's payment terms. GymAmigo does not directly store credit card or payment instrument data. Subscription status is validated server-side with the App Store.

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. You may manage and cancel your subscription through your App Store account (on iOS: Settings → your name → Subscriptions; on Android: Google Play → Payments & subscriptions → Subscriptions), or through Manage Subscription in the App's Settings.

7.3 Refunds

Refund requests for subscriptions and in-app purchases are governed by the refund policies of the App Store where you made the purchase (Apple App Store or Google Play). GymAmigo does not independently process refunds for App Store purchases. For marketplace programs, the refund terms that apply are displayed on the program detail page prior to purchase.

7.4 Marketplace Program Purchases

Paid marketplace programs are purchased as one-time, per-program consumable transactions through the App Store and are independent of the Pro subscription. Free programs may be claimed without a Pro subscription. Purchased programs are stored to your account and are accessible as described in the App's purchase and access history.

7.5 Price Changes

Company reserves the right to change subscription prices at any time. Price changes will be communicated in advance and will take effect at the next subscription renewal period following notice.

8. User Content and Contributions

8.1 User Contributions

The Application may allow you to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Contributions"), including profile photos, workout plan titles and structure, program ratings and reviews, coaching bio content, and other content you submit. All User Contributions must comply with the content standards set out in this Agreement.

Any User Contribution you post to the App will be considered non-confidential and non-proprietary to the extent it is made accessible to other users in accordance with your privacy settings. By providing any User Contribution, you grant Company and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material in accordance with your privacy settings and the Privacy Policy.

8.2 Content Standards

User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• Contain any false, inaccurate, or misleading fitness, health, or nutritional claims;
• Promote any illegal activity, or advocate, promote, or assist any unlawful act;
• Impersonate any person or misrepresent your identity or affiliation with any person or organization; or
• Violate the legal rights (including the rights of publicity and privacy) of others.

8.3 Content Moderation

Profile photos and coach-submitted exercise videos are subject to content moderation review before being approved for display. Company uses OpenAI's content moderation API to review profile photos. Company reserves the right to remove any User Contribution that it determines, in its sole discretion, violates this Agreement or is otherwise objectionable, without notice or liability.

9. Social and Competitive Features

The App includes social features such as friend/training connections, face-off competitions (Lift-Offs and Challenges), a Friends Leaderboard (Pro), and the Program Marketplace with ratings and reviews. Your use of these features is subject to the following:

• Friend Connections: You may send and receive friend requests using other users' public usernames. You control which of your profile statistics are visible to friends through your in-app Privacy Settings. You may remove friends or report users for inappropriate conduct at any time.
• Leaderboard Participation: The Friends Leaderboard is opt-in only. You will not appear in any friend's leaderboard unless you have explicitly enabled leaderboard sharing in your profile settings.
• Face-Off Competitions: Initiating a competition (Lift-Off or Challenge) requires a Pro or Coach subscription. Browsing the Compete tab is available to all users.
• Ratings and Reviews: Users who have purchased or claimed a program may submit a star rating and optional written review. Reviews must comply with the content standards in Section 8.2. Users may flag reviews as spam, inappropriate, or fake/misleading.
• Community Standards: You agree to interact with other users in a respectful and lawful manner. Harassment, abuse, impersonation, or any other conduct that disrupts other users' experience is prohibited and may result in account suspension or termination.

10. Fitness, Health, and Safety Disclaimer

THE GYMAMIGO APP IS DESIGNED TO SUPPORT FITNESS TRACKING, WORKOUT LOGGING, AND GOAL MANAGEMENT. IT IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. NOTHING IN THE APP OR PROVIDED BY ANY COACH THROUGH THE PLATFORM CONSTITUTES MEDICAL ADVICE.

Before beginning any new fitness or exercise program, you should consult with a qualified healthcare provider, particularly if you have any pre-existing medical conditions, injuries, or health concerns. You participate in any workout program or physical activity tracked or recommended through the App entirely at your own risk.

Injury tracking and pre-workout injury alerts within the App are provided as a convenience feature only and do not constitute medical assessment or advice. Nutrition tracking targets provided within the App are validated within general safe ranges but are not a substitute for guidance from a licensed dietitian or nutritionist.

Heart rate, calorie, distance, and other health metrics displayed in the App and obtained through Apple HealthKit or Apple Watch are provided for informational purposes only and may not be medically accurate. Company makes no representations regarding the accuracy of such metrics.

11. Coaching Features

11.1 Coach Status and Application

To access Coach features, users must submit an application through the App and receive approval from a GymAmigo administrator. Approval is at Company's sole discretion. Approved coaches receive a unique invite code and access to the coach web portal at coach.gymamigo.app.

11.2 Coach-Client Relationship

Coaches are independent contractors on the GymAmigo Platform and are not employees, agents, or representatives of Company. Company does not supervise, direct, or control coaches' training programs, advice, or communications with clients. Company makes no representations or warranties regarding the qualifications, certifications, or fitness of any coach.

The coaching relationship is between the coach and the client. Company's role is limited to providing the technology platform that facilitates that relationship. Company shall not be liable for any acts, omissions, advice, or services (or failure to provide services) of any coach.

11.3 Coach Responsibilities

Coaches agree to:

• Provide accurate information in their coach application, including qualifications, certifications, and experience;
• Ensure that all workout programs, advice, and content they provide comply with applicable law and professional standards;
• Not misrepresent their credentials or professional qualifications to clients;
• Comply with all applicable laws and regulations in connection with their coaching services; and
• Ensure that their use of the Platform, including the coach web portal and check-in system, complies with this Agreement.

11.4 Client Data and Check-Ins

When a client connects to a coach and submits check-ins, the client controls the data shared with the coach, including the retention period for check-in photos (3, 7, 14, or 30 days, or until manually removed). Coaches may access client workout data, check-in submissions, messages, and calendar events only for clients who have connected to them. Coaches agree to use client data solely for the purpose of providing coaching services and not for any other purpose.

11.5 Creator Payouts

Buyers pay for marketplace programs through the App Store. Company receives these payments and pays coaches their share of earnings to the bank account they link through Stripe Connect. Coaches must complete Stripe's identity verification (KYC) onboarding before receiving payouts. Stripe's terms and conditions govern the coach's Stripe account. Company is not responsible for Stripe's KYC requirements, tax form collection, or financial compliance. Coaches are solely responsible for applicable taxes on earnings from the Platform.

11.6 Program Marketplace Publishing

Coaches may publish workout programs (Singles or Packs) through the coach web portal, subject to Company's review and approval process. Submitted programs are reviewed by a GymAmigo administrator before going live. Company reserves the right to reject or remove programs at any time in its sole discretion. Coaches set the pricing for their programs from Company's fixed App Store price tiers. Each paid program displays GymAmigo's standard access, support, and refund terms to buyers before purchase.

12. Program Marketplace

The Program Marketplace allows users to browse, claim, and purchase structured workout programs created by approved coaches.

• Browsing and claiming free programs is available to all users regardless of subscription tier.
• Paid programs are purchased as one-time App Store transactions, independent of the Pro subscription.
• Company acts as a technology intermediary in the marketplace and is not a party to any agreement between a coach/creator and a buyer with respect to a specific program.
• Company does not independently guarantee the accuracy, quality, safety, or legality of any program available in the marketplace. Users purchase marketplace programs at their own risk and should review the program detail page, including any safety notes, prerequisites, and coach-authored policies, before purchasing.
• Company reserves the right to remove programs from the marketplace at any time in its sole discretion, including programs that violate this Agreement or Company's content standards.

13. Apple Watch and Third-Party Integrations

The Application integrates with Apple Watch, Apple HealthKit, Apple CoreLocation, and other Apple platform services. Your use of these integrations is subject to Apple's applicable terms of service and privacy policies. Company is not responsible for the availability, accuracy, or performance of Apple platform services. Apple Watch and HealthKit features are available on iOS only.

HealthKit authorization is entirely optional. If granted, health data (such as heart rate, calories, distance, steps, and workouts) is used only to provide or improve health and fitness features within the App and will not be used for advertising or sold to third parties, as required by Apple's HealthKit developer guidelines. GPS tracking for outdoor workouts occurs only during active workout sessions.

14. Updates

Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Based on your Mobile Device settings, when your Mobile Device is connected to the internet, the Application may automatically download and install available Updates, or you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. All Updates will be deemed part of the Application and subject to all terms and conditions of this Agreement.

15. Third-Party Materials

The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including coaches' social media profiles and external websites ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

16. Geographic Restrictions

The Application and its content are intended for use in the United States. Company makes no representation that the Application or any content available through it is appropriate or available for use in locations outside the United States. Access to the Application from territories where its content is illegal is prohibited. If you access the Application from outside the United States, you are responsible for compliance with applicable local laws.

17. Term and Termination

The term of this Agreement commences when you acknowledge acceptance and will continue in effect until terminated by you or Company as set forth in this Section.

Termination by You: You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device(s) and cancelling your account through Settings → Delete Account in the App.

Termination by Company: Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion, or for any violation of this Agreement. This Agreement will also terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

Upon termination:

• All rights granted to you under this Agreement will also terminate;
• You must cease all use of the Application and delete all copies of the Application from your Mobile Device(s) and account; and
• The provisions of this Agreement that by their nature should survive termination (including Sections 5, 8, 10, 18, 19, 20, 21, 22, 23, and 24) shall survive termination.

Termination will not limit any of Company's rights or remedies at law or in equity.

18. Disclaimer of Warranties

THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

(A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR

(B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

20. Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to:

• Your use or misuse of the Application;
• Your breach or alleged breach of this Agreement;
• Your User Contributions;
• Any coaching services you provide through the Platform (applicable to coaches);
• Your violation of any third-party rights; or
• Your violation of any applicable law or regulation.

21. Export Regulation

The Application may be subject to U.S. export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the United States.

22. Dispute Resolution and Arbitration

22.1 Informal Resolution Period. Before initiating any arbitration proceeding, you and Company agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the Application (each, a "Dispute") informally. The party asserting the Dispute must send the other party a written notice describing the Dispute in reasonable detail and the relief sought ("Dispute Notice"). You must send any Dispute Notice to Company at 56 Andrew St, Manchester, NH 03104 or support@gymamigo.app. Company will send any Dispute Notice to the email address associated with your account. The parties agree to negotiate in good faith for a period of sixty (60) days from receipt of the Dispute Notice (the "Informal Resolution Period"). If the Dispute is not resolved within the Informal Resolution Period, either party may proceed to arbitration as set forth below.

22.2 Binding Arbitration. If the parties are unable to resolve a Dispute through the Informal Resolution Period, you and Company agree that the Dispute shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, except as modified by this Section 22. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 22. Judgment on any arbitration award may be entered in any court of competent jurisdiction.

22.3 Arbitration Procedures. The arbitration shall be conducted by a single, neutral arbitrator. Unless the parties agree otherwise, the arbitration shall be conducted in Manchester, New Hampshire or by telephone, video conference, or document submission in accordance with the applicable rules of the arbitration provider. The arbitrator shall have authority to award any remedy that would be available in a court of law, but shall not have authority to award relief to, against, or for the benefit of any person who is not a party to the arbitration. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

22.4 Arbitration Fees. The allocation of arbitration fees and costs shall be governed by the applicable rules of the arbitration provider, unless the arbitrator determines the Dispute was frivolous or brought in bad faith.

22.5 Class Action Waiver. YOU AND COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. YOU AND COMPANY EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL.

22.6 Exceptions. Notwithstanding the foregoing, either party may seek emergency or preliminary injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information, without first completing the Informal Resolution Period and without waiving the right to arbitrate the underlying Dispute.

23. Governing Law and Venue

This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal or state courts located in the State of New Hampshire. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

24. Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25. Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect. Notwithstanding the foregoing, if any fundamental term or provision of this Agreement, including without limitation, the license grant, limitation of liability, or mandatory arbitration clause, is found to be invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.

26. Entire Agreement

This Agreement, together with the Privacy Policy (https://gymamigo.app/privacy) and any other documents or policies expressly incorporated herein, constitutes the entire agreement between you and Company with respect to the Application and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

27. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.