TERMS OF USE
Simplified Summary
This is a simplified summary of our Terms of Use to help you understand the key points:
1. INTRODUCTION
Welcome to Gloox ("App"). These Terms of Use ("Terms") constitute a legally binding agreement between you and Gloox ("we," "our," or "us"), governing your access to and use of our fitness application with AI trainer functionality and our website.
By downloading, accessing, or using our App or website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our App or website.
These Terms should be read in conjunction with our Privacy Policy, which is incorporated by reference into these Terms.
Our App is available globally, and we are committed to complying with local laws in the countries where our users are located. Please note that these Terms may be superseded by mandatory consumer protection laws in your country of residence. Where local consumer protection laws provide you with greater rights than outlined in these Terms, those local laws will take precedence.
2. DEFINITIONS
3. ACCOUNT REGISTRATION AND ELIGIBILITY
3.1 Account Creation
To use certain features of the App, you must register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
If you suspect any unauthorized use of your account, you must notify us immediately at glooxapp@gmail.com.
3.2 Eligibility
You must be at least 16 years old to use the App. By using the App, you represent and warrant that you meet this requirement. The App is not intended for children, and we do not knowingly collect information from children under 16 years of age.
If you are between 16 and 18 years old (or the age of majority in your jurisdiction, if higher), you represent that you have your parent's or legal guardian's permission to use the App and that they have read and agreed to these Terms on your behalf. We may request verification of parental consent at any time.
Please note that the minimum age requirement may be higher in certain jurisdictions. If the minimum age requirement in your country is higher than 16, you must comply with your local laws.
4. LICENSE TO USE
4.1 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App for your personal, non-commercial use.
4.2 License Restrictions
You agree not to:
5. FREE AND PREMIUM SERVICES
5.1 Free Services
The App offers certain features and services at no charge. We reserve the right to modify, terminate, or otherwise amend our Free Services at any time with reasonable notice to users.
5.2 Premium Services
The App offers Premium Services through subscription plans. By purchasing a subscription, you agree to the pricing, payment, and billing terms as described at the time of purchase.
Premium Services include:
6. PAYMENT TERMS
6.1 Pricing
We reserve the right to determine and change the pricing for our Premium Services. Any price changes will be communicated to you at least 30 days in advance and will take effect at the start of the next subscription period. If you do not agree with the price changes, you may cancel your subscription before the price change takes effect.
6.2 Payment Methods
We accept various payment methods as specified in the App, including credit cards, debit cards, and platform-specific payment methods (Apple Pay, Google Pay). Payment processing is handled by our secure payment processors: Stripe, Apple, and Google.
You represent and warrant that you are authorized to use the payment method you provide. We do not store complete payment card details, which are securely processed by our payment processors in compliance with the Payment Card Industry Data Security Standard (PCI DSS).
6.3 Taxes
Prices for Premium Services may not include applicable taxes. You are responsible for paying all taxes associated with your purchase of Premium Services. We will display the applicable taxes during the checkout process.
For users in the European Union, prices include Value Added Tax (VAT) at the applicable rate for your country. For users in other jurisdictions, local sales taxes or similar consumption taxes may apply and will be clearly displayed during checkout.
6.4 Refunds
Our refund policy is as follows:
7. USER CONTENT
7.1 Ownership
You retain all rights in, and are solely responsible for, the User Content you post to the App. By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise use your User Content for the purposes of operating, developing, providing, and promoting the App.
This license continues even if you stop using our App, but we will make reasonable efforts to remove your User Content from active use upon your request.
7.2 Content Restrictions
You agree not to post User Content that:
8. PROHIBITED ACTIVITIES
You agree not to engage in any of the following prohibited activities:
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Our Intellectual Property
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
9.2 Feedback
If you provide us with any feedback or suggestions regarding the App, you hereby assign to us all rights in such feedback and agree that we shall have the right to use such feedback and related information in any manner we deem appropriate without any obligation to you.
If any such assignment is ineffective under applicable law, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such feedback without restriction.
10. TERMINATION
10.1 Termination by You
You may terminate your account at any time by following the instructions in the App or by contacting us at glooxapp@gmail.com. Terminating your account will not affect any subscription until the end of the current billing period.
If you terminate your account:
10.2 Termination by Us
We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.
In case of non-material breaches, we will provide you with a notice and an opportunity to remedy the breach within 14 days before terminating your account.
In case of material breaches (such as violation of laws or posting harmful content), we reserve the right to terminate your account immediately.
10.3 Effect of Termination
Upon termination of your account:
11. DISCLAIMERS
11.1 No Medical Advice and AI Limitations
The App provides fitness and training information for general informational purposes only. The App is not intended to provide medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
Our App includes AI trainer functionality that provides personalized workout recommendations and fitness guidance. Please be aware of the following important limitations:
11.2 Apple Watch and HealthKit Data Limitations
Our App can collect heart rate and calorie data from Apple Watch through Apple's HealthKit framework. Please be aware of the following important limitations regarding this functionality:
11.3 "As Is" and "As Available"
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT WHERE PROHIBITED BY LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law, including statutory consumer rights in your jurisdiction.
11.4 No Guarantee of Results
We do not guarantee any specific results from the use of the App. Fitness results vary depending on individual factors such as diet, exercise consistency, and personal physiology.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:
For users in the European Union, Australia, New Zealand, and other jurisdictions with similar consumer protection laws, you may have additional rights that cannot be waived or limited by these Terms.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:
This indemnification provision may not apply or may be limited in certain jurisdictions where such broad indemnification obligations are restricted by law.
14. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under these Terms, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.
Such causes may include, but are not limited to: acts of God or of a public enemy; acts of the government in either its sovereign or contractual capacity; fires; floods; epidemics; pandemics; quarantine restrictions; strikes; freight embargoes; earthquakes; nuclear incidents; and unusually severe weather.
In the event of a force majeure affecting your ability to use the App for more than 30 consecutive days, you may request:
15. DISPUTE RESOLUTION
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
If you are a consumer and have your habitual residence in a country where the law provides a higher level of consumer protection, those mandatory provisions of law will apply regardless of the choice of law above.
15.2 Informal Dispute Resolution
Before filing a claim against us, you agree to try to resolve the dispute informally by contacting glooxapp@gmail.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may proceed with formal dispute resolution.
15.3 Arbitration
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause. The seat of the arbitration shall be London, England. The language of the arbitration shall be English.
For users who are consumers, this arbitration agreement is optional. If you are a consumer, you may choose to pursue your claim in your local courts instead of arbitration if your local laws permit.
The arbitration will be conducted by a single arbitrator with experience in software and technology matters. Each party will be responsible for paying its own arbitration costs, but the arbitrator may award costs to the prevailing party.
15.4 Waiver of Class Actions
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This waiver does not apply if class action waivers are prohibited under the applicable law of your country of residence.
15.5 International Dispute Resolution
For users outside the United Kingdom, European Union, and United States, local laws may provide for different dispute resolution mechanisms. We respect these local requirements and will comply with applicable local laws regarding dispute resolution.
Users in the European Union may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
16. CHANGES TO THESE TERMS
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you through the App or by other means, such as email, at least 30 days before the changes take effect. The notification will include a summary of the changes and information on how to access the previous version of the Terms.
Your continued use of the App after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using our App before the changes take effect.
If the changes to the Terms materially reduce your rights or increase your responsibilities, you may reject the changes by terminating your account before the changes take effect and request a refund for the unused portion of your subscription.
17. GENERAL PROVISIONS
17.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the App and supersede any prior agreements between you and us relating to your use of the App.
17.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.
17.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction.
In the event of an assignment or transfer, we will notify you at least 30 days in advance via email or through the App. If you do not agree to the assignment, you may terminate your account and request a refund for the unused portion of your subscription.
17.5 Notices
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
17.6 No Third-Party Beneficiaries
These Terms do not confer any third-party beneficiary rights.
17.7 Language
These Terms are available in English. Translations to other languages may be provided for your convenience, but the English version shall govern in case of any conflict or discrepancy.
18. SERVICE LEVEL AGREEMENT (SLA)
We are committed to providing a reliable and high-quality service. Our Service Level Agreement (SLA) is as follows:
18.1 Service Availability
We aim to maintain a service availability of 99.9% per month, excluding scheduled maintenance. Scheduled maintenance will be announced at least 48 hours in advance and will be performed during off-peak hours whenever possible.
18.2 Service Credits
If our service availability falls below 99.9% in a given month, you may be eligible for service credits as follows:
18.3 Extended Outages
In the event of a service outage lasting more than 24 consecutive hours, you may request a prorated refund for the affected period or service credits equal to twice the affected period.
18.4 SLA Exclusions
The SLA does not apply to:
18.5 Claiming Service Credits
To claim service credits, contact our support team at glooxapp@gmail.com within 30 days of the affected period. Include your account information and details of the service disruption.
19. THIRD-PARTY SERVICES
The App may integrate with or allow access to third-party services, such as fitness tracking devices, social media platforms, or other applications. Your use of these third-party services is subject to their terms of service and privacy policies.
We are not responsible for the content, accuracy, policies, practices, or reliability of any third-party services. We do not endorse, verify, or guarantee any third-party content accessed through the App.
You are solely responsible for your interactions with third-party services, including any data you share with them or they share with us. We recommend reviewing the terms and privacy policies of any third-party services before connecting them to our App.
20. APPLE HEALTHKIT INTEGRATION
Our App integrates with Apple's HealthKit framework to enhance your fitness experience. By using our App with Apple Watch, you acknowledge and agree to the following:
20.1 HealthKit Data Usage
We access heart rate and calorie data from Apple Watch through HealthKit only with your explicit permission. This data is used exclusively to:
20.2 HealthKit Permissions
You have complete control over what health data our App can access. You can grant, modify, or revoke permissions at any time through the Health app on your iOS device:
20.3 Data Accuracy and Limitations
While we strive to provide accurate information based on the data collected from Apple Watch, we cannot guarantee the accuracy of heart rate measurements, calorie calculations, or other health-related metrics. These measurements are estimates and may be affected by various factors including device fit, movement, and individual physiology.
You should not rely on these measurements for medical purposes or as a substitute for professional medical advice, diagnosis, or treatment.
21. CONTACT US
If you have any questions, concerns, or requests regarding these Terms or our App, please contact us at:
Email: support@gloox.app
Postal Address:
Stoney Works
8 Stoney Lane
London, England
SE19 3BD
We will respond to your inquiry as soon as possible, typically within 2 business days.
This is a simplified summary of our Terms of Use to help you understand the key points:
- You must be at least 16 years old to use our App
- You are responsible for maintaining the confidentiality of your account
- Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
- Our AI trainer provides personalized workout recommendations but is not medical advice
- We collect heart rate and calorie data from Apple Watch with your permission
- We comply with Apple's HealthKit guidelines and never use your health data for advertising
- We aim for 99.9% service availability and will compensate for extended outages
- We will notify you 30 days in advance of any material changes to these Terms
- You can cancel your subscription and request a refund according to the platform's policies
- Our app is available globally and respects local consumer protection laws
1. INTRODUCTION
Welcome to Gloox ("App"). These Terms of Use ("Terms") constitute a legally binding agreement between you and Gloox ("we," "our," or "us"), governing your access to and use of our fitness application with AI trainer functionality and our website.
By downloading, accessing, or using our App or website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our App or website.
These Terms should be read in conjunction with our Privacy Policy, which is incorporated by reference into these Terms.
Our App is available globally, and we are committed to complying with local laws in the countries where our users are located. Please note that these Terms may be superseded by mandatory consumer protection laws in your country of residence. Where local consumer protection laws provide you with greater rights than outlined in these Terms, those local laws will take precedence.
2. DEFINITIONS
- "Account" means a registered account that enables you to access and use the App.
- "Content" means any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the App.
- "Free Services" means the features and services of the App that are available to users without charge.
- "Premium Services" means the additional features and services of the App that are available to users who purchase a subscription.
- "Subscription" means a recurring payment arrangement for access to Premium Services.
- "User" means any individual who accesses or uses the App.
- "User Content" means any Content that a User posts, uploads, shares, stores, or otherwise provides to or through the App.
- "AI Trainer" means the artificial intelligence functionality that provides personalized workout recommendations and fitness guidance.
- "Service Level Agreement (SLA)" means our commitment to service availability and performance standards.
- "HealthKit" means Apple's framework that enables our App to access and share health and fitness data with the Apple Health app on iOS devices and Apple Watch.
- "Apple Watch Features" means the functionality of our App that is specifically designed for use with Apple Watch, including heart rate and calorie tracking.
3. ACCOUNT REGISTRATION AND ELIGIBILITY
3.1 Account Creation
To use certain features of the App, you must register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
If you suspect any unauthorized use of your account, you must notify us immediately at glooxapp@gmail.com.
3.2 Eligibility
You must be at least 16 years old to use the App. By using the App, you represent and warrant that you meet this requirement. The App is not intended for children, and we do not knowingly collect information from children under 16 years of age.
If you are between 16 and 18 years old (or the age of majority in your jurisdiction, if higher), you represent that you have your parent's or legal guardian's permission to use the App and that they have read and agreed to these Terms on your behalf. We may request verification of parental consent at any time.
Please note that the minimum age requirement may be higher in certain jurisdictions. If the minimum age requirement in your country is higher than 16, you must comply with your local laws.
4. LICENSE TO USE
4.1 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App for your personal, non-commercial use.
4.2 License Restrictions
You agree not to:
- Copy, modify, or create derivative works of the App or any part thereof
- Reverse engineer, decompile, or disassemble the App
- Remove, alter, or obscure any proprietary notices on the App
- Use the App for any illegal purpose or in violation of any local, state, national, or international law
- Interfere with or disrupt the App or servers or networks connected to the App
- Attempt to gain unauthorized access to the App or other users' accounts
- Use the App to generate, distribute, or publish spam or unsolicited commercial messages
- Use any automated system, including "robots," "spiders," or "offline readers" to access the App
5. FREE AND PREMIUM SERVICES
5.1 Free Services
The App offers certain features and services at no charge. We reserve the right to modify, terminate, or otherwise amend our Free Services at any time with reasonable notice to users.
5.2 Premium Services
The App offers Premium Services through subscription plans. By purchasing a subscription, you agree to the pricing, payment, and billing terms as described at the time of purchase.
Premium Services include:
- Advanced AI trainer functionality with personalized workout plans
- Detailed progress tracking and analytics
- Ad-free experience
- Priority customer support
- Enhanced Apple Watch integration with detailed heart rate and calorie analysis
- Additional content and features as described in the App
- Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
- Payment will be charged to your payment method at confirmation of purchase and upon renewal
- You can manage and cancel your subscription through your account settings or the platform from which you purchased the subscription (e.g., Apple App Store, Google Play Store)
- If you cancel your subscription, you will continue to have access to Premium Services until the end of your current billing period
- Refunds for the unused portion of a subscription period may be available in accordance with the refund policy in Section 6.4
6. PAYMENT TERMS
6.1 Pricing
We reserve the right to determine and change the pricing for our Premium Services. Any price changes will be communicated to you at least 30 days in advance and will take effect at the start of the next subscription period. If you do not agree with the price changes, you may cancel your subscription before the price change takes effect.
6.2 Payment Methods
We accept various payment methods as specified in the App, including credit cards, debit cards, and platform-specific payment methods (Apple Pay, Google Pay). Payment processing is handled by our secure payment processors: Stripe, Apple, and Google.
You represent and warrant that you are authorized to use the payment method you provide. We do not store complete payment card details, which are securely processed by our payment processors in compliance with the Payment Card Industry Data Security Standard (PCI DSS).
6.3 Taxes
Prices for Premium Services may not include applicable taxes. You are responsible for paying all taxes associated with your purchase of Premium Services. We will display the applicable taxes during the checkout process.
For users in the European Union, prices include Value Added Tax (VAT) at the applicable rate for your country. For users in other jurisdictions, local sales taxes or similar consumption taxes may apply and will be clearly displayed during checkout.
6.4 Refunds
Our refund policy is as follows:
- 14-Day Satisfaction Guarantee: If you are not satisfied with our Premium Services, you may request a refund within 14 days of your initial purchase by contacting glooxapp@gmail.com.
- Technical Issues: If you experience significant technical issues that prevent you from using the Premium Services, you may be eligible for a refund or service credit. Please contact our support team to report the issue.
- Platform-Specific Policies: Refunds may also be available according to the policies of the platform through which you purchased the subscription (e.g., Apple App Store, Google Play Store).
- Prorated Refunds: In case of service unavailability exceeding 24 consecutive hours, you may be eligible for a prorated refund or service credit as detailed in our Service Level Agreement (Section 18).
7. USER CONTENT
7.1 Ownership
You retain all rights in, and are solely responsible for, the User Content you post to the App. By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise use your User Content for the purposes of operating, developing, providing, and promoting the App.
This license continues even if you stop using our App, but we will make reasonable efforts to remove your User Content from active use upon your request.
7.2 Content Restrictions
You agree not to post User Content that:
- Infringes on the rights of others, including intellectual property rights
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Contains software viruses or any other code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
- Constitutes unauthorized or unsolicited advertising, promotional materials, or spam
- Impersonates any person or entity or falsely states or misrepresents your affiliation with a person or entity
- Contains personal or sensitive information about others without their consent
8. PROHIBITED ACTIVITIES
You agree not to engage in any of the following prohibited activities:
- Using the App for any illegal purpose or in violation of any local, state, national, or international law
- Harassing, threatening, or intimidating other users
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
- Interfering with or disrupting the App or servers or networks connected to the App
- Attempting to gain unauthorized access to the App, other users' accounts, or computer systems or networks connected to the App
- Using any robot, spider, crawler, scraper, or other automated means to access the App or collect content from the App
- Using the App in a manner that could disable, overburden, damage, or impair the App
- Selling, transferring, or licensing your account access to any third party
- Using the App to generate, distribute, or publish spam or unsolicited commercial messages
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Our Intellectual Property
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
9.2 Feedback
If you provide us with any feedback or suggestions regarding the App, you hereby assign to us all rights in such feedback and agree that we shall have the right to use such feedback and related information in any manner we deem appropriate without any obligation to you.
If any such assignment is ineffective under applicable law, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such feedback without restriction.
10. TERMINATION
10.1 Termination by You
You may terminate your account at any time by following the instructions in the App or by contacting us at glooxapp@gmail.com. Terminating your account will not affect any subscription until the end of the current billing period.
If you terminate your account:
- You will continue to have access to Premium Services until the end of your current billing period
- Your User Content will be removed from active use within 30 days
- We will retain your data in accordance with our Privacy Policy
10.2 Termination by Us
We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.
In case of non-material breaches, we will provide you with a notice and an opportunity to remedy the breach within 14 days before terminating your account.
In case of material breaches (such as violation of laws or posting harmful content), we reserve the right to terminate your account immediately.
10.3 Effect of Termination
Upon termination of your account:
- Your right to use the App will immediately cease
- We may delete any User Content or other information associated with your account after 30 days
- You may request a copy of your data within 30 days of termination by contacting glooxapp@gmail.com
- If termination was due to our material breach of these Terms, you may be eligible for a prorated refund for the unused portion of your subscription
11. DISCLAIMERS
11.1 No Medical Advice and AI Limitations
The App provides fitness and training information for general informational purposes only. The App is not intended to provide medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
Our App includes AI trainer functionality that provides personalized workout recommendations and fitness guidance. Please be aware of the following important limitations:
- AI Recommendations Are Not Medical Advice: The AI trainer provides general fitness recommendations based on the information you provide. These recommendations are not a substitute for professional medical advice, diagnosis, or treatment.
- AI May Make Errors: While we strive to provide accurate and helpful guidance through our AI trainer, the technology has inherent limitations. The AI may occasionally make errors or provide recommendations that are not optimal for your specific circumstances.
- Informational Purpose Only: All AI-generated content and recommendations are provided for informational purposes only. You should use your own judgment when following these recommendations and stop any activity that causes pain or discomfort.
- Individual Results May Vary: The effectiveness of AI-recommended workouts will vary based on individual factors such as consistency, effort, diet, and personal physiology.
- Regular Updates: We regularly update our AI trainer to improve its accuracy and functionality, but it may not always reflect the most current fitness research or best practices.
11.2 Apple Watch and HealthKit Data Limitations
Our App can collect heart rate and calorie data from Apple Watch through Apple's HealthKit framework. Please be aware of the following important limitations regarding this functionality:
- Accuracy Limitations: Heart rate and calorie measurements from Apple Watch are estimates and may not be completely accurate. Factors such as watch fit, movement, and individual physiology can affect measurement accuracy.
- Not for Medical Use: The heart rate monitoring feature is designed for fitness and wellness purposes only and is not intended for use in the diagnosis, treatment, or management of any medical condition.
- Connectivity Issues: Data transfer between Apple Watch and our App requires proper connectivity. Interruptions in Bluetooth connection or other technical issues may result in incomplete or delayed data transfer.
- Battery Consumption: Using heart rate monitoring features may increase battery consumption on your Apple Watch.
11.3 "As Is" and "As Available"
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT WHERE PROHIBITED BY LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law, including statutory consumer rights in your jurisdiction.
11.4 No Guarantee of Results
We do not guarantee any specific results from the use of the App. Fitness results vary depending on individual factors such as diet, exercise consistency, and personal physiology.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:
- Death or personal injury resulting from our negligence
- Fraud or fraudulent misrepresentation
- Any other liability that cannot be excluded or limited by law
For users in the European Union, Australia, New Zealand, and other jurisdictions with similar consumer protection laws, you may have additional rights that cannot be waived or limited by these Terms.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of any third-party right, including without limitation any intellectual property right or privacy right
- Any claim that your User Content caused damage to a third party
This indemnification provision may not apply or may be limited in certain jurisdictions where such broad indemnification obligations are restricted by law.
14. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under these Terms, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.
Such causes may include, but are not limited to: acts of God or of a public enemy; acts of the government in either its sovereign or contractual capacity; fires; floods; epidemics; pandemics; quarantine restrictions; strikes; freight embargoes; earthquakes; nuclear incidents; and unusually severe weather.
In the event of a force majeure affecting your ability to use the App for more than 30 consecutive days, you may request:
- A suspension of your subscription until the force majeure event has ended
- An extension of your subscription period equal to the duration of the force majeure event
- A refund for the unused portion of your subscription if the force majeure event continues for more than 60 days
15. DISPUTE RESOLUTION
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
If you are a consumer and have your habitual residence in a country where the law provides a higher level of consumer protection, those mandatory provisions of law will apply regardless of the choice of law above.
15.2 Informal Dispute Resolution
Before filing a claim against us, you agree to try to resolve the dispute informally by contacting glooxapp@gmail.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may proceed with formal dispute resolution.
15.3 Arbitration
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause. The seat of the arbitration shall be London, England. The language of the arbitration shall be English.
For users who are consumers, this arbitration agreement is optional. If you are a consumer, you may choose to pursue your claim in your local courts instead of arbitration if your local laws permit.
The arbitration will be conducted by a single arbitrator with experience in software and technology matters. Each party will be responsible for paying its own arbitration costs, but the arbitrator may award costs to the prevailing party.
15.4 Waiver of Class Actions
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This waiver does not apply if class action waivers are prohibited under the applicable law of your country of residence.
15.5 International Dispute Resolution
For users outside the United Kingdom, European Union, and United States, local laws may provide for different dispute resolution mechanisms. We respect these local requirements and will comply with applicable local laws regarding dispute resolution.
Users in the European Union may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
16. CHANGES TO THESE TERMS
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you through the App or by other means, such as email, at least 30 days before the changes take effect. The notification will include a summary of the changes and information on how to access the previous version of the Terms.
Your continued use of the App after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using our App before the changes take effect.
If the changes to the Terms materially reduce your rights or increase your responsibilities, you may reject the changes by terminating your account before the changes take effect and request a refund for the unused portion of your subscription.
17. GENERAL PROVISIONS
17.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the App and supersede any prior agreements between you and us relating to your use of the App.
17.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.
17.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction.
In the event of an assignment or transfer, we will notify you at least 30 days in advance via email or through the App. If you do not agree to the assignment, you may terminate your account and request a refund for the unused portion of your subscription.
17.5 Notices
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
17.6 No Third-Party Beneficiaries
These Terms do not confer any third-party beneficiary rights.
17.7 Language
These Terms are available in English. Translations to other languages may be provided for your convenience, but the English version shall govern in case of any conflict or discrepancy.
18. SERVICE LEVEL AGREEMENT (SLA)
We are committed to providing a reliable and high-quality service. Our Service Level Agreement (SLA) is as follows:
18.1 Service Availability
We aim to maintain a service availability of 99.9% per month, excluding scheduled maintenance. Scheduled maintenance will be announced at least 48 hours in advance and will be performed during off-peak hours whenever possible.
18.2 Service Credits
If our service availability falls below 99.9% in a given month, you may be eligible for service credits as follows:
- 99.0% to 99.9% availability: 10% of monthly subscription fee as service credit
- 95.0% to 98.9% availability: 25% of monthly subscription fee as service credit
- Less than 95.0% availability: 50% of monthly subscription fee as service credit
18.3 Extended Outages
In the event of a service outage lasting more than 24 consecutive hours, you may request a prorated refund for the affected period or service credits equal to twice the affected period.
18.4 SLA Exclusions
The SLA does not apply to:
- Scheduled maintenance announced at least 48 hours in advance
- Issues resulting from third-party services or factors outside our reasonable control
- Issues resulting from your equipment, software, or network connections
- Free Services
18.5 Claiming Service Credits
To claim service credits, contact our support team at glooxapp@gmail.com within 30 days of the affected period. Include your account information and details of the service disruption.
19. THIRD-PARTY SERVICES
The App may integrate with or allow access to third-party services, such as fitness tracking devices, social media platforms, or other applications. Your use of these third-party services is subject to their terms of service and privacy policies.
We are not responsible for the content, accuracy, policies, practices, or reliability of any third-party services. We do not endorse, verify, or guarantee any third-party content accessed through the App.
You are solely responsible for your interactions with third-party services, including any data you share with them or they share with us. We recommend reviewing the terms and privacy policies of any third-party services before connecting them to our App.
20. APPLE HEALTHKIT INTEGRATION
Our App integrates with Apple's HealthKit framework to enhance your fitness experience. By using our App with Apple Watch, you acknowledge and agree to the following:
20.1 HealthKit Data Usage
We access heart rate and calorie data from Apple Watch through HealthKit only with your explicit permission. This data is used exclusively to:
- Provide you with personalized workout recommendations
- Track your fitness progress
- Optimize workout intensity based on your heart rate
- Calculate calorie expenditure during workouts
- We never use HealthKit data for advertising, marketing, or use-based data mining purposes
- We never sell your HealthKit data to advertising platforms, data brokers, or information resellers
- We never disclose your HealthKit data to third parties without your explicit consent
- We store your HealthKit data securely and maintain its confidentiality
20.2 HealthKit Permissions
You have complete control over what health data our App can access. You can grant, modify, or revoke permissions at any time through the Health app on your iOS device:
- Open the "Health" app
- Tap on your profile picture in the top right corner
- Tap on "Privacy & Settings" then "Apps"
- Select our App from the list
- Toggle on/off the specific health data categories you want to allow or restrict
20.3 Data Accuracy and Limitations
While we strive to provide accurate information based on the data collected from Apple Watch, we cannot guarantee the accuracy of heart rate measurements, calorie calculations, or other health-related metrics. These measurements are estimates and may be affected by various factors including device fit, movement, and individual physiology.
You should not rely on these measurements for medical purposes or as a substitute for professional medical advice, diagnosis, or treatment.
21. CONTACT US
If you have any questions, concerns, or requests regarding these Terms or our App, please contact us at:
Email: support@gloox.app
Postal Address:
Stoney Works
8 Stoney Lane
London, England
SE19 3BD
We will respond to your inquiry as soon as possible, typically within 2 business days.
Social:
© 2025 — Gloox
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Address:
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