Terms and Conditions of Use

Scan Types

• Fast ScanQuick physique analysis. Photographs used are not stored on any server after the analysis is complete. Costs 1 credit per use.
• Progress ScanAnalysis with results and photograph saved to the user's history, only if the user has given explicit consent during the registration process. Can only be performed once every 6 days. Free with an ad view.

Prohibited Conduct

The user agrees not to carry out any of the following actions:

• Upload photographs of third parties without their explicit consent.
• Impersonate another person.
• Manipulate, exploit, or attempt to circumvent the credits system by any means.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Use the Service to train artificial intelligence models or automated systems.
• Carry out scraping, crawling, or automated mass access to the Service.
• Use the Service for illegal purposes or in a way that infringes the rights of third parties.
• Upload content that infringes intellectual property rights, or that is obscene, violent, or illegal.

Scope of Application

These Terms apply exclusively to the Gymia BodyScan Web service, accessible at https://gymia.org. In the future, additional or supplementary terms may be published for other Gymia products (mobile application, social features, ranking system, etc.), which will coexist with these Terms.

Minimum Age

Use of the Service is reserved for individuals aged 18 or over. By accepting these Terms, you declare and warrant that you are at least 18 years of age. Gymia reserves the right to suspend or delete any account it becomes aware of that belongs to a minor.

Registration and User Account

Access to certain features of the Service requires creating an account using an email address or Google authentication. You are responsible for maintaining the confidentiality of your login credentials and for all activities carried out under your account. You must notify us immediately at contact@gymia.org if you suspect unauthorised access to your account. Gymia shall not be liable for any damages arising from failure to comply with this obligation.

Description of the Service

Gymia BodyScan is an AI-based visual physique analysis service. From a front-facing photograph of the user, the Service generates estimated scores and metrics about 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 generated automatically and do not constitute medical, nutritional, or professional advice of any kind. Gymia is not responsible for decisions made by the user based on the results of the analysis.

Credits System

The Service operates with a credits system to access certain features: — Credits can be obtained for free by watching ads (3 free credits per day) or by purchase. — Credits have no monetary value, cannot be exchanged for money, and are not transferable between accounts. — Credits do not expire while the account is active. — Used credits are non-refundable under any circumstances. — Gymia reserves the right to modify the price, quantity, or conditions for obtaining credits, with at least 15 days' notice.

Payments and Refunds

Payments within the Service are processed entirely by LemonSqueezy, acting as Merchant of Record. Gymia does not store or manage payment data. The applicable refund policy is that of LemonSqueezy, available at https://www.lemonsqueezy.com/terms. Gymia does not intervene in refund processes.

Advertising

The Service may display third-party advertisements (including Google AdSense) as part of Gymia's monetisation model. Personalised ads will only be shown if the user has given explicit consent through the cookie banner. Gymia is not responsible for the content of third-party advertisements.

User Content

The user retains all rights over the photographs they upload to the Service. Gymia will not claim ownership over such content. By using the Service, the user grants Gymia a limited, non-exclusive, and revocable licence to: — Process body photographs for the sole purpose of generating the requested BodyScan analysis. — Store and display the profile photo within the Service for the purpose of identifying the user in their account and, where applicable, in public features of the Service (such as the ranking system) if the user has given their consent to do so. Gymia does NOT use photographs or user data to train artificial intelligence models or for any purpose other than providing the Service. The user may download their results card (image with scores) and share it publicly on social media or other platforms. In doing so, the user acts under their own responsibility.

Ranking System

The Service plans to incorporate a public ranking system in the future. Participation in said ranking will always be voluntary and will require the user's explicit consent. The ranking will be divided by sex (male and female). Data visible for 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 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 at the email address associated with their account. 2. In the case of repeat offences or manifest severity, suspend or permanently delete the account without prior notice and without any right to a refund of credits. Gymia reserves the right to report to the competent authorities any conduct that may constitute a legal infringement, including but not limited to violation of third parties' right to their own image or fraud in the credits system.

Intellectual Property

The Service, including its name, logo, design, code, algorithms, prompts, analysis methodology, and proprietary content, is the exclusive property of Gymia and is protected by Spanish and international intellectual and industrial property legislation. Reproduction, distribution, or use without written authorisation from Gymia is expressly prohibited.

Data Export

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

Service Modification and Interruption

Gymia reserves the right to modify, suspend, or discontinue the Service, in whole or in part, at any time. In the event of material changes or permanent discontinuation of the Service, Gymia will notify registered users at least 15 days in advance via an in-app notice or by email. Gymia shall not be liable for any damages arising 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 guarantee that the Service will be uninterrupted, error-free, or that the results of the analysis will be accurate or suitable for any specific purpose. In no event shall Gymia be liable for indirect, incidental, special, or consequential damages arising from the use or inability to use the Service, including but not limited to: decisions made based on the results of the analysis, loss of data, or loss of credits due to technical causes beyond Gymia's control.

Modification of the Terms

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

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 may apply to them.

Third-Party Service Providers

Gymia reserves the right to replace, add, or remove third-party service providers (including artificial intelligence, storage, payment, 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 by email, and will update the Privacy Policy accordingly.

Contact

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