Terms of service

This application is operated by Gymeyes B.V. (“Gymeyes”). Gymeyes offers this application (“Application”), including all information, tools and services available from this Application to you conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By using our Application you agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms, conditions and policies referenced herein and available through our website www.gymeyes.com (the “Website”). These Terms of Service apply to all Users as well as the Personal Trainers (as further defined below).

Please read these Terms of Service carefully before accessing or using our Application. We reserve the right to update, change or replace any part of these Terms of Service without giving reasons, by posting updates or changes in the Application or on our Website. You can review the most current version of the Terms of Service at any time in the application or on our Website. It is your responsibility to check these pages periodically for changes. Your continued use of the Application following the posting of any changes constitutes acceptance of those changes.

 

  1. Service

1.1 Gymeyes has placed action cameras at the sport facilities that are offering the use of the Application on their location(s) (the “Location”) that are connected to the Internet (the “Hardware”).

1.2 Members or visitors of sport facilities at a Location (the “Users”) can use the Hardware at the Location for recording, analysing, sharing of their exercises and asking for feedback from personal trainers that work in the sport facility (the “Personal Trainers”).

1.3 Once recorded, the Application uploads the content to the account of the User and deletes the content from the Hardware. The User can share any recordings with a Personal Trainer and ask for feedback. Personal Trainers can react on the feedback requests from Users shared through the Application. As a result Users and Personal Trainers can have direct contact with each other through the Application.

 

  1. Personal account & privacy

2.1 If you want to store a video in the Application, you need to register and create a personal account in the Application. To create a personal account we need your name and e-mail address.

2.2 You agree that we store and process your personal data to the extent necessary to manage your personal account and to provide you the services of the Application. Gymeyes stores and processes your personal data in accordance with the European Data Protection Act (Algemene verordering gegevensbescherming, AVG). Our Privacy Statement also governs your submission of personal information.

2.3 After registration you can choose a password to access your personal account in the Application. You are solely responsible for the privacy of your password.

2.4 Gymeyes is entitled to close your personal account if we suspect abuse of your personal account or the Application, if you are no longer a member or visitor or Personal Trainer in a sport facility that supports Gymeyes services, or if you violate these Terms of Service or any other additional terms, conditions and policies referenced herein.

 

  1. Rules of Conduct

3.1 The Application enables its Users and the Personal Trainers in sharing footage and making voluntary contributions, either in a private or a public setting. You agree that any information shared by you, whether in private or publicly, through the Application, will not:

a. violate any right, including but not limited to copyrights, trademarks, image rights, privacy or any other personal or (intellectual) proprietary right, of Gymeyes or any third-party. In this respect it is only permitted to publicly share content in which third parties are visible, if these third parties have explicitly and in writing granted their approval to the User or Personal Trainer for the publication of this content;

b. contain pornographic, discriminatory, offensive, threatening, obscene or otherwise objectionable or unlawful material;

c. be false or misleading;

d. contain commercial messages (e.g. it is not permitted to place advertisements when sharing content through the Application);

e.contain any computer virus or other malware that could in any way affect the operation of the Application or any related website or service of Gymeyes; or

f. be in any other manner unlawful against Gymeyes or any third party.

3.2 You are solely responsible for any content share through the Application and its accuracy. Gymeyes is neither responsible nor liable for any content shared by you, other Users or Personal Trainers or any third party. Gymeyes preserves the right to edit or remove content that in its sole discretion violates these Terms of Service or is otherwise inadmissible.

 

  1. Intellectual property rights

4.1 Gymeyes is the holder of all intellectual property rights (such as patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, mask works, information, proprietary rights, processes copyrights and trademarks) on the Application.

4.2 Any data collected by Gymeyes and all other content related to the Application, is the sole property of Gymeyes and will remain the sole property of Gymeyes.

4.3 The Application is intended solely for your personal use. Any other use of the Application and/or the Hardware requires the prior written permission of Gymeyes. Gymeyes is entitled to use the data collected via the Gymeyes for commercial purposes, in accordance with our Privacy Statement and the Dutch Data Protection Act (Wet bescherming persoonsgegevens).

 

  1. Penalty

In the event of a breach of article 3.1 and 4, Users and/or Personal Trainers will be liable to Gymeyes for an immediately payable penalty of EUR 5.000,- per breach and EUR 500,- for each day on which the breach continues, without prejudice to Gymeyes’ right to seek compensation for damages in court.

 

  1. Accuracy of information

Gymeyes makes every effort to keep the information made available in the Application accurate and up to date, but we do not guarantee that the information is accurate, complete or current. The information on the Application is provided for general information purposes only. No rights can be derived from it. Any reliance on the provided information is at your own risk.

 

  1. Updates

Gymeyes will continuously further develop the Application and will update the Application if necessary and reasonably possible. Gymeyes may modify the functionality or features of the Application at any time, provided that such updates and modifications do not materially denigrate the functionality of the Application, but Gymeyes is in no case liable for any damages caused by any such update or modification.

 

  1. Liability

8.1. Gymeyes does not guarantee, represent or warrant that your use of the Application and/or the Hardware will be uninterrupted, timely, secure or error-free.

8.2 Gymeyes is not liable for any damage you suffer as a result of the use of the Application and/or the Hardware, the inaccessibility of the Application, the Website and/or the Hardware or the incompleteness or inaccuracy of the information in the Application, the Website and/or the Hardware. Gymeyes is not liable for any damage you or any third party suffers through acts or omissions of Users and/or employees or Personal Trainers or other advisors of the sport facilities that make use of the Application and Hardware. You indemnify Gymeyes against all third party claims for damages, costs or interest, relating to or arising from the use by you of the Application and/or the Hardware as well.

 

  1. Law and jurisdiction

These Terms of Service and all agreements between Users, Personal Trainers and Gymeyes shall be governed by and construed in accordance with the laws of the Netherlands. All disputes arising out of or in connection with the use of the Application, these Terms of Service and all agreements between relating thereto shall be exclusively submitted to the competent court of Amsterdam in the Netherlands.

 

  1. Complaints, comments, suggestions

Gymeyes always strives for optimal service. If you have complaints, comments or suggestions, please let us know. Send us an e-mail at info@gymeyes.com.