Terms of Service

By downloading or using Gym Bully AI (the "App"), you agree to these Terms. If you don't agree, don't use the App. The App is operated by Fenwick Holdings LLC ("we," "us," or "our").

1. Eligibility

You must be at least 18 years old to use the App's payment features (subscriptions and the Penalty feature). The App contains comedic mature language.

2. The service

Gym Bully AI sends comedic, "negative-reinforcement" workout reminders, lets you schedule training days and pick a persona, verify gym check-ins, and optionally set a self-imposed financial penalty for missed workouts. Messages are humor about effort and showing up — they are not health, medical, or fitness advice.

3. Accounts

Some features require Sign in with Apple. You're responsible for activity under your account. Don't misuse the App, attempt to bypass paywalls or charges, or interfere with the service.

4. Subscriptions (Gym Bully Pro)

Pro is an auto-renewing subscription sold through Apple's In-App Purchase:

• Pro Weekly — $4.99/week · Pro Monthly — $14.99/month.
• Payment is charged to your Apple Account at confirmation of purchase.
• It renews automatically unless you cancel at least 24 hours before the end of the current period.
• Manage or cancel anytime in your Apple Account settings. Subscription refunds are handled by Apple under Apple's terms.

5. "Take My Lunch Money" — Penalty feature (optional)

This feature is strictly opt-in and not required to use the App. By enabling it and saving a payment method, you authorize us (through our payment processor, Stripe) to charge your saved card, without further action from you (off-session), a penalty for each scheduled workout day you do not complete as described below:

• You set the penalty amount, within a range of $5–$50 per missed day.
• A workout counts as completed only if you record a verified gym check-in for that day. A scheduled day with no verified check-in is a "miss."
• We apply a grace period: charges for a missed day are not assessed until after that day has fully ended (the following morning in your local time).
• You may pause or turn off the feature at any time; charges stop for days after you do so.
• You acknowledge these are merchant-initiated, off-session charges and that the amounts are a voluntary forfeit — there is no prize, payout, or chance to win, and the feature is a personal commitment device, not a game of chance or wager.

6. Penalty charges are final

Penalty amounts, once charged, are earned by us and non-refundable, except where required by law. If you believe a charge was made in error (for example, you completed a verified check-in but were still charged), contact us at gymbullyai@gmail.com and we will review it in good faith. Initiating a card chargeback for a validly assessed penalty is a breach of these Terms.

7. Health & safety

The App uses comedic "mean motivation" and is not a health intervention. It never comments on your body, weight, appearance, eating, or mental health. Do not use the App if you have, or are predisposed to, an eating disorder, body-image condition, exercise compulsion, anxiety, or depression related to exercise, or any condition the App could worsen. Consult a physician before beginning any exercise program. You use the App and exercise at your own risk.

8. Acceptable use

Don't reverse engineer, scrape, resell, or abuse the App or its backend; don't use it for unlawful purposes; don't attempt to evade charges or manipulate check-ins.

9. Disclaimers

The App is provided "as is" and "as available," without warranties of any kind, express or implied (including merchantability, fitness for a particular purpose, and non-infringement). We do not warrant that reminders will be delivered on time, that AI-generated content will be accurate, or that the service will be uninterrupted or error-free.

10. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for any loss arising from your use of the App (including injuries, missed workouts, or penalty charges). Our total liability for any claim is limited to the greater of the amount you paid us in the 12 months before the claim or $50 USD.

11. Indemnification, governing law, and disputes

Indemnification. You agree to indemnify and hold us harmless against claims, damages, liabilities, costs, and expenses arising from your misuse of the App or your breach of these Terms.

Governing law. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules.

Informal resolution. Before filing any formal proceeding, you agree to first contact us at gymbullyai@gmail.com and attempt to resolve the dispute informally. We will work in good faith to resolve it within 60 days of receiving your notice.

Binding arbitration. If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the App will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English and will take place in Wilmington, Delaware, unless we agree otherwise or to videoconference. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. You and we each agree that any dispute will be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

Exceptions. Either party may bring an action in small claims court for disputes within that court's jurisdiction, and either party may seek injunctive or other equitable relief in court to protect intellectual property rights.

Opt-out of arbitration. You may opt out of the arbitration and class action waiver by sending written notice to gymbullyai@gmail.com within 30 days of first accepting these Terms. Your notice must include your name, a way to contact you, and a clear statement that you wish to opt out of arbitration.

12. Changes & termination

We may update these Terms or the App, or suspend/terminate accounts that breach them. Continued use after changes means you accept the updated Terms.

13. Apple

The App is downloaded via the App Store; Apple's standard licensed-application end user license agreement also applies. Apple is not responsible for the App or these Terms and is a third-party beneficiary entitled to enforce them.

14. Contact

• Email: gymbullyai@gmail.com
• Mail: Fenwick Holdings LLC, 131 Burton Road, Beacon Falls, CT 06403