TERMS OF SERVICE

Last updated: July 17, 2024

These Terms and Conditions of Use (“Terms of Use”) govern the use of the Gym WP application, owned by LEAL APPS LTDA, headquartered in Belo Horizonte/MG, Brazil and registered under CNPJ n. 30.640.305.0001/29, which can be contacted via email at contact@lealapps.com.

1. DEFINITIONS

1.1. Without prejudice to the other definitions contained in these Terms, the words listed below are used in various parts of this document, in the singular or plural, always with the meaning defined here:

Gym WP: A muscle definition and wellness platform that assists the user in controlling workouts, supplement intake, and physical activities and related matters.

Leal Apps: the company that owns and is responsible for the Gym WP application.

User: any natural person who uses Gym WP, whether creating an account or not, and accepts the conditions of service provision listed in this Term of Use, understanding the inherent rights and obligations.

Services: any functionality and/or content provided by Gym WP.

Gym WP Content: any form of information, data, or creative expression, including but not limited to video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, responses, “likes,” comments, software, scripts, executable files, routes, workouts and workout data, biometric data and elements derived from them, meals or physical training plans, notes, nutritional information, recipes, interactive resources, designs, copyrights, trademarks, service marks, brands, logos and other similar assets, patents, sounds, applications and any intellectual property, any of which may be generated, provided, or made available by Gym WP.

User-Generated Content: any content, including those of the same nature as Gym WP Content, generated by users through interaction with Gym WP, including but not limited to meal records, creation of workout routines, and addition of supplement information to the database.

Content: combination of Gym WP content and user-generated content.

Free Version: the basic version of the application that provides limited content and features, free of charge and on a trial basis, to users.

Premium Version: the paid version of the application, which provides enhanced and exclusive content and features.

Premium Content/Feature: Content or functionality available after activating a premium subscription, such as coaching, guidance on muscle definition and wellness, conditioning activities, and training planning, among others.

Account: registration on our platform, either by email or third-party authentication (Facebook, Google, iCloud, etc.).

Free Trial: access to the Premium Version for a period of time, with details specified when you sign up for the offer.

Payment Method: the method chosen for the purchase and payment of the Premium Version, usually integrated with the App Store (Google Play and App Store).

2. USE OF GYM WP

2.1. By using Gym WP, you declare that you have read, understood, and agreed to these Terms of Use in all aspects and conditions, freely and independently of any fraud, coercion, fraud, or mental reservation, and that your intention to register and/or use Gym WP is not related to any other manifestation, guarantee, or declaration other than those established in this document.

2.2. You must be at least 18 years old to use the Services. No individual under the age of 18 may use the Services or provide us with any Personal Data (as the term is defined in the Privacy Policy).

3. ACCOUNT CREATION

3.1. When you create an account on Gym WP, you must provide accurate and complete information as requested by the registration and account creation process and keep this information up to date. Otherwise, some of our Services may not function correctly and we may not be able to contact you with important notices.

3.2. You are responsible for maintaining the confidentiality of all and any actions that occur while using your account and must notify our support team immediately of any suspected loss, theft, or unauthorized use of your account or password. We are not responsible for any loss resulting from the unauthorized use of your username and password.

3.3. You can create an account through various online third-party services, such as social networks. To take advantage of these features and capabilities, we may ask you to authenticate, register, or log in to the Social Network Services on their respective providers’ websites. As part of this integration, the Social Network Services will provide us with access to certain information you provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy.

4. SERVICE AVAILABILITY AND LIMITATIONS

4.1. To use or access Gym WP, you will need a compatible device. We cannot guarantee that the Application will be partially or fully compatible with your device.

4.2. We may provide updates (including automatic updates) for certain Services, when and how we deem appropriate. This may include updates, modifications, bug fixes, improvements, and other error corrections and/or new features.

4.3. Certain parts of our Services may not function properly if all Updates are not installed. You acknowledge and agree that the Services may not function properly if you do not allow such Updates and expressly agree to automatic Updates. Furthermore, you agree that the Terms (and any additional modifications to them) will apply to all and any Updates to the Services.

4.4. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. Furthermore, we are under no obligation to provide any updates or continue to provide or enable any specific features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without prior notice or liability.

5. DATA SECURITY AND AVAILABILITY

5.1. Although Leal Apps works to protect the security of your Personal Data and account, we cannot guarantee that our security measures will not be bypassed by third parties. Please inform our support team immediately of any suspected or actual violation or unauthorized access or use of your account.

5.2 Although Leal Apps makes every effort to improve the user experience and data storage mode, it is not possible to guarantee that the information entered will be available throughout the entire time of platform use, and it is possible that it may be deleted eventually without prior notice. As a result, it is solely the responsibility of the User to keep a copy of all data and reports issued by Gym WP that they wish to keep.

6. CONTENT OWNERSHIP AND USE

6.1. Gym WP content

6.1.1. All Gym WP Content and all copyrights, trademarks, design rights, patents, and other intellectual property rights (registered and unregistered) of the Services belong to Leal Apps. Leal Apps retains ownership, responsibility, and/or other applicable rights to all Content. Except as expressly provided in the Terms of Use, nothing grants you a right or license to use any Content, including any content owned or controlled by any of our partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services, unless specifically authorized in writing by us.

6.1.2. Except as expressly permitted by applicable law or authorized by Leal Apps, you agree not to modify, rent, lend, sell, distribute, or create derivative works based on the Services, the Services software, or any Content offered as part of the Services, in whole or in part. Downloading, copying, or saving Gym WP Content is prohibited except (i) as expressly permitted by the functionality of certain Services, as provided in specific guidelines and/or additional terms applicable to those Services, or (ii) solely for personal use or your records.

6.2. User-generated content

6.2.1. When you provide User-Generated Content to Gym WP through the Services, you grant Leal Apps and Gym WP users a worldwide, non-exclusive, irrevocable, royalty-free, freely transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, to meet the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works, and otherwise exploit that User-Generated Content in connection with all and any Services. You acknowledge and agree that:

(a) we have the right to arrange the publication of User-Generated Content as we see fit;

(b) we are under no obligation to provide you with credit when using your User-Generated Content, but if we choose to provide you with credit, the size and allocation of the credit will be at our sole discretion; and

(c) you have no right to any compensation or other payment in connection with the use of your User-Generated Content.

6.2.2. The rights you grant in this license are for the limited purposes of allowing Gym WP to operate and allow other users to use the Services in accordance with their functionality, improve the Services, and develop new Services. Notwithstanding the above, we will not use any of your User-Generated Content in a manner inconsistent with our Privacy Policy.

6.2.3 We reserve the right to monitor, remove, or modify User-Generated Content for any reason and at any time, including User-Generated Content that we believe violates these Terms, Community Guidelines, and/or our policies.

6.3. Intellectual property

6.3.1. If you believe that User-Generated Content or Gym WP Content infringes copyright or trademark rights under national law, please notify us immediately by sending an email with all the details to contact@lealapps.com. It is our policy to investigate all allegations of infringement brought to us. Provide the following information in your notice of suspected infringement:

Identification of the material to be infringed.

– Identification of the material allegedly infringing, including its location, with sufficient details to allow us to find it and verify its existence.

– Contact information of the notifying party (hereinafter referred to as the “Notifying Party”), including name, address, phone number, and email address.

– A statement that the Notifying Party believes in good faith that the material is not authorized by the owner, its agent, or applicable law.

– A statement made under penalty of perjury that the information provided is accurate and that the Notifying Party is authorized to make the complaint on behalf of the owner.

– A physical or electronic signature of a person authorized to act on behalf of the owner who has allegedly been infringed.

7. PREMIUM VERSION

7.1. We offer a Premium Version for users who choose to subscribe to a paid version of Gym WP. By signing up and using the Premium Version, you agree to our Terms and any additional terms and conditions provided herein.

7.2. The Premium Version provides you with access to certain enhanced content, features, and functionalities. By subscribing to and using the Premium Version, including signing up for free trials of the Premium Version, you agree to pay any fees or other expenses incurred that apply to the Premium Version (such as active subscription fees).

7.3. Except in rare cases, all amounts related to the Premium Version are paid in advance and will be automatically charged according to the Payment Method at the beginning of the Premium Version subscription period (weekly, monthly, quarterly, semi-annually, or annually), as applicable. Unless otherwise stated, Premium Services will automatically renew until you choose to cancel your access.

7.4. All purchases of Premium Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service.

7.5. If you do not pay the amounts related to the use of the Premium Version, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Premium Version (and we may do so without prior notice).

7.6. You can cancel the Premium Version at any time. More information on how to cancel can be found here. After canceling the Premium Version and receiving confirmation, no further changes can be made to your account. The Premium Version cancellation will take effect at the end of your current billing cycle, and you will have the same level of access to the Premium Version for the remainder of that cycle. For example, if you are charged monthly and cancel during a given month, you will be charged for the entire month and maintain access to the Premium Version until the end of that month.

7.7. There are no refunds for termination or cancellation of the Premium Version. If you no longer wish to subscribe to the Premium Version, it is your responsibility to cancel it in due time, regardless of whether you use it or not.

7.8. To the maximum extent permitted by applicable laws, we may change our Premium Version prices at any time. We will notify you in advance of any price changes by posting the new prices and sending an email notification. If you do not wish to pay the new prices, cancel the Premium Version before the change takes effect.

7.9. Deleting the User’s account does not automatically cancel their active subscription. To learn more about how to cancel your recurrence, seek our Help Center.

7.10. In the event of any liabilities of Leal Apps, the amount to be paid by it will not exceed the amount paid by the User for the use of the platform.

8. PROMOTIONS AND DISCOUNTS

8.1. Discount codes, coupons, and gifts cannot be combined with any other sale, promotion, or coupon, and cannot be exchanged, refunded, replaced, or redeemed for cash or bill payment.

8.2. A payment method may be required to redeem a discount code or coupon. It is your responsibility to use a discount code, coupon, or gift before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the Premium Version before the end of a free or discounted period if you do not want to continue with the Premium Version at the regular price.

9. FREE TRIAL

9.1. We may offer free trials of the Premium Version or other promotional offers. A Free Trial provides access to Premium Services for a period of time, with details specified when you sign up for the offer. Your Free Trial will begin after you submit your payment information. You will not be charged until the Free Trial period ends.

9.2. Unless you cancel before the end of the Free Trial, or unless otherwise indicated, your access to the Premium Service will automatically continue, and you will be charged the applicable fees using the Payment Method you provided. All incurred costs are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service. We may send a reminder when your Free Trial is about to end, but we do not guarantee these notifications. Ultimately, it is your responsibility to know when the Free Trial will end if you decide not to become a paying user of Premium Services after the Free Trial period.

9.3. If you decide that you do not want to become a paying user of the Premium Version, cancel your subscription before the end of the Free Trial period. You may lose access as soon as you cancel or at the end of the Free Trial period. After canceling your Free Trial and receiving confirmation, you will not be able to continue the Free Trial period even if it has not been used for the entire duration of the offer.

9.4. The features and content of the Premium Version may change at any time, and we cannot guarantee that any specific feature or content will be available during the entire Free Trial period. The prices in effect when you sign up for the Free Trial will be the same when it ends, unless we notify you otherwise. We reserve the right, at our sole discretion, to modify or terminate any Free Trial offer, your access to the Premium Version during the Free Trial, or any of these terms without prior notice and without liability.

10. DISCLAIMER

10.1. You should consult healthcare professionals and consider the associated risks before using our Services concerning any content directed towards muscle definition, supplementation, or wellness. By using Gym WP, you agree, represent, and warrant that you have received your doctor’s consent to participate in and follow workout recommendations or any related activities made available to you in connection with the Services.

10.2. Furthermore, you agree, declare, and warrant that you consulted your doctor before making any dietary changes based on the information available on Gym WP. If you choose to use Gym WP, you do so voluntarily, agreeing, consciously and voluntarily, assuming all risks associated with such activities. The content and other features promoted by Gym WP may pose risks even for those currently in good health.

10.3. Except as otherwise provided in these Terms of Use, and to the maximum extent permitted by applicable law, we are not responsible, directly or indirectly, for any damages or losses suffered due to your use or inability to use any Services or features of the Services, including any Content or activities you access or learn through our Services, even if caused in whole or in part by the action, inaction, or negligence of Leal Apps or third parties.

11. CONTENT ACCURACY AND RELIABILITY

11.1. We make no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any content available through Gym WP, and we do not undertake to update such content.

11.2. In particular, the Gym WP workout database contains a combination of exercise information entered by Gym WP users. Users of the Services can contribute or edit workout information in the Workout Database. We inform you that the workout information in the Workout Database has not been reviewed by individuals with the necessary knowledge to provide complete, accurate, or reliable information. Leal Apps does not (i) guarantee the accuracy, completeness, or usefulness of any exercise information or plans in the Workout Database; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any workout information.

11.3. To the extent permitted by applicable law, under no circumstances shall Leal Apps be responsible for any loss or damage resulting from your reliance on workout information. You are solely responsible for ensuring that all workout information in the Workout Database is accurate, complete, and useful.

11.4. All and any services provided by, within, and/or through the Services (including, but not limited to, Content) are for informational purposes only. Gym WP is not a platform created or used by doctors, and Leal Apps does not provide medical services or medical assistance. Nothing contained in Gym WP should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for medical consultation, evaluation, or treatment, and the information made available on or through the Services should not be considered when making medical decisions or diagnosing or treating a health condition or disease. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND LEAL APPS.

11.5. You should seek guidance from a doctor or medical professional with any questions you may have about your health before starting any workout programs, exercise programs, or any other activities or fitness or wellness plans that may be referenced, discussed, or offered on Gym WP.

11.6. If you are being treated for a health condition or disease, taking prescription medications, or following a therapeutic diet to treat a disease, consult your doctor before using Gym WP. You declare that you are not using Gym WP or participating in any of the activities offered by Gym WP to seek medical assistance.

11.7. You also agree that, before using Gym WP, you will consult your doctor, especially if you are at risk of problems resulting from exercise or dietary changes. If any information you receive or obtain using Gym WP is inconsistent with your doctor’s guidance, you should follow your doctor’s guidance.

11.8. Gym WP’s content and features are not a medical service or any other type of health service. No diagnosis, treatment, or advice related to any exercise or health condition is provided by Gym WP. Gym WP does not replace, and is not an alternative to, health diagnosis and treatment when an exercise or health condition is present. You should seek diagnosis, treatment, and advice regarding exercise or health conditions from practicing physicians and other licensed health professionals. Under no circumstances shall your interactions with Gym WP be considered or interpreted to create a doctor-patient relationship or any fiduciary duty of any kind. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH GYM WP.

11.9. The data and information provided by the Activity Tracking Services are intended to be a representation of your activity, but may not be entirely accurate, including regarding step data, sleep, distance, or calories. By using the Activity Tracking Services, you acknowledge and agree that Leal Apps is not responsible for any inaccuracies in such data.

12. DELETION OF USER DATA

12.1. The Gym WP application stores the user’s personal data for the period of use. The user may delete all data from their account permanently and irretrievably. The user may choose to delete their data through the Gym WP application or request data deletion via email at contact@lealapps.com.

13. WARRANTIES

13.1. EXCEPT WHERE PROHIBITED BY LAW, LEAL APPS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL BASIC FAULTS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that: (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus-free, or error-free, or free from other harmful elements, or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind regarding any Content; User-Generated Content, in particular, is provided and is the sole responsibility of the users who provide such Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made here. Therefore, you expressly acknowledge and agree that the use of the Services is at your sole risk and that you assume all risk regarding satisfactory quality, performance, accuracy, and effort.

14. CHANGES TO THE TERMS OF USE

14.1. We reserve the right to modify these Terms of Use by (i) posting revised Terms of Use on and/or through the Services, and/or (ii) informing you in advance of material changes to the Terms, generally via email, when practicable, and otherwise through Gym WP (such as through a notification in our Application). Changes will not be applied retroactively unless required by law.

14.2. We will ask you to review and explicitly agree to or reject a revised version of the Terms. In these cases, the changes will take effect when you agree to the revised version of the Terms. If you do not agree with the Terms at that time, you will not be allowed to use Gym WP. In cases where we do not request your explicit agreement with a revised version of the Terms, the modified version of the Terms will take effect on the date specified in the Terms. Your choice to maintain an account, access, or use our services (regardless of creating an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as amended. If you do not agree with the changes, you will not be allowed to use our products and must stop using the Services.