★★★★★ 5 – 1+ Ratings
PRO FITNESS & Motivation GmbH, FN 593374i, Ennsweg 3, 5550 Radstadt, Austria (hereinafter referred to as “PRO Fitness”) offers the GYMKY smartphone app and the website gymky.com (jointly referred to as “GYMKY”) as a platform where users can register free of charge, access services and information related to fitness and nutrition, create individual training plans, communicate with other users, and purchase products.
These terms of use apply to all services and features offered by PRO FITNESS through the website gymky.com and the GYMKY mobile app. By using GYMKY, the user accepts the version of the terms of use in force at the time of use, as published at gymky.com/agb or provided within the app. The user also acknowledges the privacy policy available at gymky.com/datenschutz.
For certain services, additional terms of use may apply. Users will be informed accordingly.
PRO FITNESS reserves the right to amend or supplement these terms at any time. Any such changes shall take effect upon publication. If the user does not agree to the updated terms, PRO FITNESS reserves the right to immediately suspend access to the free services for that user.
GYMKY is an electronic platform where users (private individuals, creators, trainers, gyms, etc.) can create or share custom training plans or other content. User-generated content can be shared with others through GYMKY or external social networks. Users can offer or use services and purchase goods.
Users can also access paid services (subscriptions, see Section 7) and purchase products through the app (see Section 8).
Users must ensure that all public information they provide regarding fitness, nutrition, or health is accurate and complete. Incorrect information may mislead other users. User-generated content is not guaranteed to be accurate or complete, and any recommendations are followed at the user’s own risk. If PRO FITNESS becomes aware of incorrect or incomplete information, it may remove or flag it.
PRO FITNESS does not identify with user-generated content or with links to third-party content provided within the GYMKY platform.
By publishing content on GYMKY, the user grants PRO FITNESS a free, non-exclusive, worldwide, unlimited right to use and distribute such content.
During the term of the agreement, the user has a non-transferable, non-exclusive right to use the relevant plans and recommendations in accordance with these terms. All intellectual property rights remain with PRO FITNESS or its agents (e.g. creators).
Registration on the GYMKY app is generally free of charge. PRO FITNESS reserves the right to restrict, modify, or terminate free services or make access to specific services subject to payment at any time.
If legally required to verify user identity, PRO FITNESS may request the user’s real name and valid address.
Users must keep their passwords confidential and must not share access with third parties. Account transfers are not allowed.
Users under the age of 14 may not register. Users under 18 must have legal guardian consent for paid services (e.g. subscriptions).
During registration, users are prompted to create a profile and may voluntarily answer questions about themselves, their training habits, and nutrition. Based on these answers, users receive a training plan and nutrition recommendations. The profile may include personal data such as name, health information, profile photos, and personal opinions.
To access paid services or purchase products, the user must create a “Premium Account” and provide the required payment information, including full name, birth date, etc.
The agreement is between PRO FITNESS & Motivation GmbH and the user (the purchaser). When subscribing, the creator acts as an agent of PRO FITNESS and does not become a contractual party.
All prices are in euros and include VAT but exclude any shipping fees unless explicitly stated otherwise.
If a product becomes unavailable after an order has been placed, the user will be informed, and PRO FITNESS may withdraw from the contract. No further claims from the user will be accepted in such cases.
Payments for services (e.g. subscriptions) or goods are made via the web shop or directly in the GYMKY app. Accepted payment methods (e.g. bank transfer, in-app purchases) and any additional fees are shown during the order process.
Warranty is governed by applicable law. Transfer of warranty rights to third parties is excluded.
The right of withdrawal and its legal consequences for consumers are set out below. Outside of consumer transactions, no right of withdrawal or exchange applies unless agreed in writing.
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen days from the day the contract was concluded with PRO FITNESS.
To exercise your right of withdrawal, you must inform us (PRO FITNESS) of your decision by means of a clear statement (e.g. via postal mail or email). Sending your notification before the deadline is sufficient to meet the withdrawal deadline.
If you withdraw from this contract, we will refund all payments received from you without undue delay and no later than fourteen days from the day we received your notice of withdrawal. The refund will be made using the same payment method you used, unless otherwise agreed.
The right of withdrawal does not apply to goods that are made to order or clearly tailored to personal needs.
Also excluded are:
Digital goods (e.g. access to member areas, online coaching) once they are downloaded or accessed.
Services that have already been fully performed.
The contract is considered fulfilled once payment has been made and digital content (e.g. PDF, video links, downloads) has been received.
No refund will be made after this point.
As part of the service, users may submit content such as data, information, photos, and videos (“user content”). By doing so, the user grants PRO FITNESS a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use and distribute the content. This license remains valid until the content is removed or the user account is deleted.
The user guarantees that their content:
Complies with applicable laws and common standards of decency
Does not infringe on the rights of others
Belongs entirely to the user, including all intellectual property rights (e.g. photos, texts, videos)
The user shall indemnify PRO FITNESS against any third-party claims arising from the uploaded content.
Data protection regulations must always be observed when uploading content.
PRO FITNESS reserves the right to remove user content at any time without explanation.
In the event of a breach of these provisions, PRO FITNESS may block the user account without prior warning.
Users must respect the purpose of the GYMKY platform. The following actions and content are strictly prohibited:
Accessing or collecting data from third parties without permission
Uploading malware, viruses, or any content that may disrupt or damage the service or others
Phishing or attempting to access another user’s account
Sharing threatening, pornographic, violent, racist, xenophobic, offensive, or discriminatory content
Overloading, disrupting, or attempting to disable the platform (e.g. DoS attacks)
Infringing on intellectual property rights belonging to PRO FITNESS, its partners, or third parties—especially by attempting to modify, reverse engineer, or copy platform software
PRO FITNESS is not required to proactively monitor user content. However, reported illegal content will be reviewed and, if necessary, removed without delay. Reports can be submitted at any time to: support@gymky.com
If misuse is suspected, PRO FITNESS may block the user’s access or suspend their account.
Using the service requires a functioning internet connection. PRO FITNESS makes no guarantees regarding uninterrupted availability of the service or the legality of content or services provided by users or third-party providers. PRO FITNESS shall not be liable for technical failures, interruptions, data transmission errors, or similar issues and their consequences. No availability guarantee is provided.
PRO FITNESS will make every economically reasonable effort to avoid platform downtime but does not guarantee that the platform (or parts thereof) will be available at any given time. The user acknowledges that maintenance may be required, during which access to services may be temporarily unavailable. The liability exclusions outlined above apply in such cases.
Outside of consumer transactions, PRO FITNESS is only liable for damages caused intentionally or through gross negligence by PRO FITNESS or its agents. Liability for indirect damages, loss of profits, or purely financial losses is excluded. Except in the case of personal injury, liability is limited to the value of the delivered goods or the price of the service.
In consumer transactions, PRO FITNESS excludes liability for material damages caused by slight negligence by PRO FITNESS or its agents.
The user has no legal claim to the storage of voluntarily provided data or content. If such data is stored, PRO FITNESS is not liable for any loss. The user acknowledges that they are responsible for their own data security, including appropriate software protection, virus protection, and backups (e.g. storing copies on external drives).
The user must immediately inform PRO FITNESS of any technical failure, disruption, or connection issue that impacts access to or use of the platform.
The user acknowledges that periodic updates to the GYMKY app may be required to maintain access. Certain services may be temporarily inaccessible until such updates are installed.
PRO FITNESS is not responsible for content provided by users. If PRO FITNESS provides links or references to third-party content or services, this does not imply endorsement. PRO FITNESS does not control this external content and accepts no liability for its availability, accuracy, or appropriateness.
Regarding training and nutrition plans, PRO FITNESS makes no guarantees of success. The effectiveness of any program depends on the user’s physical, mental, and personal circumstances and their active participation.
If third-party content or services (e.g. links to other websites) are provided via the platform, these are clearly marked. Unless explicitly stated otherwise, PRO FITNESS neither endorses nor controls such content. Any interaction or transaction between the user and third parties is at the user’s own risk and without liability to PRO FITNESS.
If users access the platform via third-party software or services, they acknowledge and accept that PRO FITNESS is not responsible for any resulting loss or damage.
The user acknowledges PRO FITNESS’ privacy policy.
By registering, the user explicitly consents to PRO FITNESS:
a) Storing and using personal data provided during registration and through later profile updates, as well as other user content submitted on GYMKY, for the purpose of providing the service. Public content may be published.
b) Collecting and storing data generated during service use (e.g. access times, location, activity) for service optimization, advertising, marketing, and market research purposes for PRO FITNESS and its partners.
c) Using the user’s contact information (including the provided email address) to send service-related emails, including promotional messages from PRO FITNESS and its partners. The user explicitly agrees to the use of this data for advertising, marketing, and research purposes, even outside the scope of the app itself.
PRO FITNESS may also use anonymized data for:
Statistical analysis and trend detection
Market research
Marketing and advertising
Demographic insights
This data may be shared with third parties, including partners and advertisers, and may be used to personalize content and advertising. The user agrees to this use.
The user may revoke consent for points b) and c) at any time by emailing: support@gymky.com
Consent under point a) may be revoked by deleting the account.
The training and nutrition plans and related information provided through the GYMKY app do not replace professional personal training or medical advice.
These plans are intended for individuals in generally good health. Users who are pregnant, diabetic, chronically ill, or have other health conditions are strongly advised to consult a doctor before starting any program.
The services are not intended for the treatment of obesity or medical conditions.
Users experiencing cardiovascular, respiratory, musculoskeletal, or other health symptoms should seek medical advice before using the services.
No medical advice is provided.
To avoid injury, users should perform all new exercises carefully and at their own pace. Training is undertaken at the user’s own risk. Users should avoid overexertion or sudden movements.
It is recommended that users carry personal accident insurance for injuries that may occur during training using the GYMKY app.
All rights to the GYMKY platform, app, and any published materials (excluding user-submitted content) belong to PRO FITNESS, its licensors, or other providers, and are protected by law. This includes patents, trademarks, logos, trade names, domain names, copyrights, design rights, database rights, trade secrets, and related intellectual property rights, whether registered or not.
The user is granted a limited, non-transferable personal right to access and use the available content on the platform in accordance with these terms.
PRO FITNESS reserves the right to monitor, limit, modify, or revoke access and usage rights under these terms.
If any provision of these terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with one that most closely reflects the original intent.
For consumers residing in other jurisdictions, mandatory consumer protection laws of their home country apply. These terms do not limit those rights.
PRO FITNESS reserves the right to change these terms at any time. The latest version will be published and should be reviewed by users periodically.
The EU’s online dispute resolution platform (OS platform) is available at: https://ec.europa.eu/consumers/odr
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and any conflict of law provisions.
Where no mandatory jurisdiction applies, the exclusive place of jurisdiction shall be the competent court in Vienna, Inner City. For lawsuits against consumers under Austrian law, the court of the user’s residence shall apply.
Last updated: January 2024
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© 2025 GYMKY. All rights reserved
★★★★★ 5 – 1+ Ratings
★★★★★ 5 – 1+ Ratings
© 2024 GYMKY. All rights reserved
