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.

Subscription required. The App is free to download, and its features require an active Maximum Motivation subscription (or the one-time Lifetime purchase). There is no free tier for new installations. Some plans may start with a free trial offered through Apple or Google Play (see §4). Grandfathering: if you installed the App before the subscription-only change took effect, the free features available to your installation at that time (including any free week you were within) continue to work for that installation without a subscription; features outside that grandfathered set still require Maximum Motivation. We may modify the grandfathered set only as described in §12.

3. Accounts

Some features require signing in: Sign in with Apple on iPhone and iPad, or Sign in with Google on Android. You're responsible for activity under your account. Don't misuse the App, attempt to bypass paywalls or charges, or interfere with the service.

You can delete your account at any time in the App (Settings, then Account, then Delete account) or by following the steps at gymbullyai.com/delete-account. Deleting your account doesn't cancel a subscription; cancel it in the store you bought it from (see §4).

4. Subscriptions (Maximum Motivation)

Maximum Motivation is an auto-renewing subscription sold through Apple's In-App Purchase on the App Store and through Google Play's billing system on Google Play:

• Maximum Motivation Yearly: $59.99/year · Maximum Motivation Monthly: $9.99/month. The same plans (Yearly, Monthly, and the one-time Lifetime purchase below) are offered on the App Store and Google Play, and prices are shown in the App before purchase.
• App Store purchases are billed by Apple to your Apple Account. Google Play purchases are billed by Google to your Google Play account and are processed through our subscription provider, RevenueCat. Payment is charged at confirmation of purchase, or when a free trial ends if your plan includes one. The Yearly plan may include a free trial for eligible new subscribers (currently 7 days where offered); its length and terms are shown at purchase. On the App Store, a free trial converts to a paid subscription when it ends unless you cancel at least 24 hours before it ends. On Google Play, a free trial converts to a paid subscription when it ends unless you cancel before it ends.
• On the App Store, it renews automatically unless you cancel at least 24 hours before the end of the current period. On Google Play, it renews automatically until you cancel; you can cancel at any time, and your subscription stays active until the end of the period you've paid for.
• Manage or cancel anytime. For App Store purchases, use your Apple Account settings. For Google Play purchases, open the Play Store app, tap your profile icon, then Payments & subscriptions, then Subscriptions. Refunds for App Store purchases are handled by Apple under Apple's terms. Refunds for Google Play purchases are handled under Google Play's refund policies, and you can also contact us at gymbullyai@gmail.com about a Google Play purchase.
• Purchases don't transfer between stores. A subscription or Lifetime purchase made through the App Store doesn't unlock the Google Play version of the App, and one made through Google Play doesn't unlock the App Store version.
• Maximum Motivation Lifetime: $129.99, a one-time purchase. It is not a subscription, does not renew, and is tied to the Apple Account or Google Play account that bought it. It grants Maximum Motivation features for as long as the App is offered; it is not a guarantee that the App, any individual feature, or any third-party service it depends on will remain available indefinitely.
• Fair use of AI features. AI food scanning is limited to 150 scans per calendar month (with a daily burst limit) on every plan that includes it, including Lifetime and any grandfathered access. We may adjust these limits on reasonable notice. Prices for existing subscribers will not change without notice and consent as required by Apple or Google Play.

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

This feature is strictly opt-in and not required to use the App. It may be unavailable on some platforms or in some regions. 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 per missed day. There is no preset cap; the minimum is $0.50 (our payment processor's minimum charge). Choose an amount you can afford to lose. That is the point of the feature.
• 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 make reasonable efforts to send a warning notification on the evening of a scheduled day that has no verified check-in yet, before any charge is assessed. Delivery of notifications is not guaranteed (see §9), and a charge is valid whether or not the warning was received.
• 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 and Google

If you got the App from 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.

If you got the App from Google Play, Google Play's Terms of Service also apply to your use of Google Play and to purchases made through it. Google is not responsible for the App or these Terms.

14. Contact

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