Terms and Conditions of Use

Scan Types

• Fast ScanFast analysis of the body. The photographs used are not stored on any server after the analysis is completed.
• Progress ScanAnalysis with saving of results and photograph in the user's history, only if the user has granted explicit consent during the registration process. It can only be performed once every 15 days.

Prohibited Conduct

The user agrees not to engage in any of the following actions:

• Uploading photographs of third parties without their explicit consent.
• Impersonating another person.
• Engaging in reverse engineering, decompiling, or attempting to extract the source code of the Service.
• Using the Service to train artificial intelligence models or automated systems.
• Performing scraping, crawling, or automated mass access to the Service.
• Using the Service for illegal purposes or in a way that violates third-party rights.
• Uploading content that infringes intellectual property rights, or is obscene, violent, or illegal.

Scope of Application

These Terms apply to the Gymia BodyScan service, accessible at https://gymia.one and, where applicable, through Gymia's official mobile applications. In the future, additional or complementary terms may be published for other Gymia products or features (social features, ranking system, etc.), which will coexist with these Terms.

Minimum Age

The use of the Service is reserved for individuals over 18 years of age. By accepting these Terms, you declare and warrant that you are at least 18 years old. Gymia reserves the right to suspend or delete any account known to belong to a minor.

Registration and User Account

To access certain features of the Service, it is necessary to create an account via email address or Google authentication. You are responsible for maintaining the confidentiality of your access credentials and for all activities performed under your account. You must notify us immediately at contact@gymia.one if you suspect unauthorized access to your account. Gymia will not be liable for damages resulting from a breach of this obligation.

Description of the Service

Gymia BodyScan is a visual analysis service of the body based on artificial intelligence. From a front photograph of the user, the Service generates estimated scores and metrics on body composition (V-Taper, Hourglass, symmetry, definition, muscle mass, estimated BMI, estimated body fat percentage, among others). The results provided by the Service are visual approximations automatically generated and do not constitute a medical, nutritional, or professional diagnosis of any kind. Gymia is not responsible for decisions the user makes based on the analysis results.

Payments and Refunds

Payments within the Service are processed through the integrated purchase platforms of the Apple App Store and Google Play, using RevenueCat as the purchase management infrastructure. Gymia does not store or manage payment data. The applicable refund policy is that of the corresponding platform (Apple or Google), without prejudice to the rights granted to you by applicable consumer law.

User Content

The user retains all rights to the photographs uploaded to the Service. Gymia will not claim ownership over such content. By uploading a photograph to the Service, the user represents and warrants that they are the person appearing in it or that they have the explicit consent of the persons appearing in it, and that its content does not violate the law or the rights of third parties. The user is solely responsible for the content they upload to the Service. Gymia acts merely as a provider of an automated analysis service and does not pre-screen uploaded content. The user shall hold Gymia harmless from any claim, penalty, or damage arising from a breach of the foregoing representations and warranties, including third-party claims for infringement of their right to their own image, privacy, or data protection. By using the Service, the user grants Gymia a limited, non-exclusive, and revocable license to process the photographs for the sole purpose of generating the requested BodyScan analysis. Gymia DOES NOT use users' photographs or data to train artificial intelligence models or for any purpose other than providing the Service. The user can download their results card (image with scores) and share it publicly on social networks or other platforms. In doing so, the user acts under their own responsibility.

Ranking System

The Service intends to incorporate a public ranking system in the future. Participation in this ranking will always be voluntary and will require the user's explicit consent. The ranking will be separated by sex (male and female). Visible data of each user in the ranking will be limited to: profile photo, username, and overall score. Sensitive data such as weight, height, detailed scan results, or other personal information will never be displayed. The ranking score is calculated algorithmically by Gymia and may vary based on factors such as progress, scan history, and other criteria defined by Gymia. Gymia reserves the right to modify the scoring algorithm at any time.

Breach of the Terms

In the event of prohibited conduct or any breach of these Terms, Gymia may, at its discretion: 1. Send a warning to the user via the email address associated with their account. 2. In case of recurrence or manifest gravity, permanently suspend or delete the account without prior notice. Gymia reserves the right to report to competent authorities any conduct that may constitute a legal infraction, including but not limited to the violation of third-party image rights.

Intellectual Property

The Service, including its name, logo, design, code, algorithms, prompts, analysis methodology, and proprietary contents, is the exclusive property of Gymia and is protected by Spanish and international legislation on intellectual and industrial property. Its reproduction, distribution, or use without Gymia's written authorization is expressly prohibited.

Data Export

In compliance with the right to data portability recognized in Art. 20 of the GDPR, the user can request a copy of their personal data by sending a request to contact@gymia.one. Gymia will provide the data in JSON format within a maximum period of 30 calendar days. Exportable data includes: email, profile data (sex, weight, height), BodyScan metrics (scores and dates), GymPoints, and streak.

Modification and Interruption of the Service

Gymia reserves the right to modify, suspend, or interrupt the Service, in whole or in part, at any time. In the event of substantial changes or permanent interruption of the Service, Gymia will notify registered users at least 15 days in advance via an in-app notice or email. Gymia will not be liable for damages or losses resulting from the modification or interruption of the Service.

Limitation of Liability

The Service is provided 'as is' and 'as available', without warranties of any kind, express or implied. Gymia does not warrant that the Service will be uninterrupted, error-free, or that the analysis results will be accurate or suitable for any specific purpose. In no event shall Gymia be liable for indirect, incidental, special, or consequential damages resulting from the use or inability to use the Service, including but not limited to: decisions made based on analysis results or loss of data due to technical causes beyond Gymia's control.

Modification of the Terms

Gymia reserves the right to modify these Terms at any time. Substantial changes will be notified at least 15 days in advance via an in-app notice or email. Continued use of the Service after the new Terms come into effect will imply their acceptance.

Governing Law and Jurisdiction

These Terms are governed by Spanish law. For the resolution of any dispute arising from the use of the Service, the parties submit to the jurisdiction of the Spanish Courts and Tribunals, waiving any other jurisdiction that might correspond to them.

Third-Party Service Providers

Gymia reserves the right to replace, add, or remove third-party service providers (including artificial intelligence, storage, payment, advertising, or hosting providers) at any time. When such a change affects the processing of users' personal data, Gymia will notify users at least 15 days in advance via an in-app notice or email, and update the Privacy Policy accordingly.

Contact

For any inquiries related to these Terms, you can contact us at: Email: contact@gymia.one Website: https://gymia.one