Terms of Use

1. Agreement to these Terms

These Terms of Use (the “Terms”) form a binding agreement between you and TELLURIOM LABS LLC, a limited liability company with its principal place of business in Miami, Florida, United States (“Tellurium Labs”, “we”, “us” or“our”), governing your use of the Gymeo mobile application,gymeo.app and any related services (together, the“Service”).

By downloading, installing, accessing or using the Service, you agree to these Terms and to ourPrivacy Policy, which is incorporated by reference.If you do not agree, do not use the Service.

We may change these Terms from time to time. If a change is material, we will give you notice through the App or by email before it takes effect and update the “Last updated” date above. Continuing to use the Service after a change takes effect means you accept the revised Terms. If you do not accept them, stop using the Service and cancel any subscription.

2. Eligibility and age

You must be at least 13 years old to use Gymeo. If you are under the age of majority where you live (usually 18), you may only use the Service with the involvement and consent of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of the Service, including any charges.

By using the Service, you represent that you meet these requirements, that you are not barred from using it under any applicable law, and that any information you give us is accurate.

3. Health and safety notice

• Talk to a professional first. Consult a physician or qualified healthcare provider before starting any exercise programme, especially if you are pregnant, are recovering from injury or surgery, take medication, or have a heart, joint, metabolic or other medical condition.
• Strength training carries real risk. It can cause muscle strains, joint injury, dropped-weight injuries, fainting, cardiac events and, in rare cases, death. You use the Service and follow its recommendationsentirely at your own risk and assume full responsibility for your training.
• Stop if something is wrong. Stop immediately and seek medical attention if you feel pain, dizziness, shortness of breath, chest discomfort or anything else unusual. Never push through a lift you cannot control, and use a spotter or safety equipment where appropriate.
• Your judgement overrides the App. Recommended loads and reps are estimates derived from what you have logged. They can be too heavy, too light or wrong for your body on a given day. You decide what to lift.
• Follow the gym’s rules. Use equipment as the manufacturer and facility intend, regardless of what the App shows. If our technique guidance conflicts with the equipment’s instructions or a qualified trainer on site, follow them, not us.

To the fullest extent permitted by law, you release Tellurium Labs from any claim, liability or demand arising out of injury, health condition or loss connected to your use of the Service.

4. Your account

Some features require an account. You agree to provide accurate information, keep it up to date, and keep your credentials confidential. You are responsible for everything that happens under your account.

• Do not share your account, sell it, or let anyone else use it.
• Notify us at support@telluriomlabs.comimmediately if you suspect unauthorised access.
• You may delete your account at any time fromSettings → Account → Delete account. Deletion is permanent and does not by itself cancel a subscription — see Section 10.

5. Licence to use Gymeo

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and use one copy of the App on Apple-branded devices that you own or control, for your own personal, non-commercial training, as permitted by the App Store Terms of Service.

This is a licence, not a sale. We and our licensors retain all rights not expressly granted to you.

6. What you may not do

You agree not to, and not to help anyone else:

• Copy, modify, translate, reverse engineer, decompile or disassemble the Service, or attempt to derive its source code, models or prompts, except where that restriction is prohibited by law.
• Rent, lease, lend, sell, sublicense, redistribute or make the Service available to any third party, or use it to build a competing product.
• Use bots, scrapers, crawlers or other automated means to access the Service, extract its content or generate requests at scale.
• Circumvent paywalls, subscription checks, rate limits, security measures or usage limits, or access the Service through unauthorised means.
• Interfere with or disrupt the Service or its infrastructure, including by transmitting malware, launching denial-of-service attacks or probing for vulnerabilities without our written permission.
• Upload content that is unlawful, infringing, defamatory, obscene, harassing, or that depicts other people without their consent.
• Use the Service to develop, train or improve any machine learning or AI model, or to generate medical, diagnostic or clinical advice for others.
• Impersonate anyone, misrepresent your affiliation, or use the Service for any illegal purpose or in violation of any applicable law, including export control and sanctions laws.

7. AI features and recommendations

Gymeo uses artificial intelligence, including third-party models, to identify equipment from your scans and to generate training plans, technique guidance and scores (“AI Output”).

• AI Output can be inaccurate. It may misidentify a machine, describe technique imprecisely, or recommend loads that are unsuitable for you. It is generated automatically and is not reviewed by a human before you see it.
• Verify before you act. Use your own judgement, the equipment’s instructions and, where appropriate, a qualified professional. SeeSection 3.
• No guarantee of results. We do not promise any particular strength gain, weight change, body composition, score or ranking. Results depend on factors outside our control.
• Availability. AI features depend on third-party providers and may be throttled, changed, limited or temporarily unavailable. Fair-use limits may apply to prevent abuse.

8. Scanning and gym etiquette

Scanning requires camera access, which you grant through iOS and can revoke at any time. You are responsible for the images you capture.

• Respect your gym’s photography rules. Some facilities prohibit taking photos on the floor.
• Do not photograph other people without their consent, and do not scan in changing rooms, showers or any other private area.
• Do not upload images that contain other people’s personal information or that you do not have the right to upload.

9. Your content

“User Content” means anything you submit to the Service, including scan images, workout logs, notes, profile details and feedback.

You own your User Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, transmit and display it, and to create de-identified and aggregated derivatives of it, solely to operate, secure, support and improve the Service. This licence ends when you delete the content or your account, except for de-identified data that can no longer be linked to you and for copies retained in backups until they expire.

You represent that you have all rights necessary to submit your User Content and that it does not infringe anyone’s rights or violate any law. We are not obliged to monitor User Content, but we may review, remove or restrict it if we believe it breaches these Terms or the law.

If you send us feedback, suggestions or ideas, you grant us an unrestricted, perpetual, irrevocable right to use them without obligation or compensation to you.

10. Subscriptions, trials and billing

Gymeo offers auto-renewing subscriptions that unlock paid features. All purchases are made through your Apple ID and are processed by Apple — we do not handle your payment details.

Free trial

• Where a free trial is offered, the price, duration and terms are shown in the App before you confirm. Trials may be limited to new subscribers and to one per Apple ID or family group.
• Unless you cancel at least 24 hours before the trial ends, the subscription starts automatically and your Apple ID is charged the then-current price.
• If you subscribe to a paid plan during a free trial, any unused portion of the trial is forfeited.

Auto-renewal

• Subscriptions renew automatically for the same period at the then-current price unless you cancel.
• Your Apple ID is charged for renewal within 24 hours before the end of the current period.
• To cancel, go to iOS Settings → your name → Subscriptions → Gymeo → Cancel Subscription, at least 24 hours before the renewal date. Deleting the App or your Gymeo account does not cancel your subscription.
• After cancelling you keep access until the end of the period you already paid for. Partial periods are not refunded.

Pricing and taxes

• Prices are shown in the App in your local currency and include applicable taxes where required. Prices vary by region and may change.
• We may change subscription prices. Any change applies from your next renewal, and we will notify you in advance as required by Apple and applicable law so you can cancel first.
• You are responsible for keeping a valid payment method on file. If a charge fails, access to paid features may be suspended.

11. Refunds

Because Apple processes all purchases, Apple handles refunds, subject to the App Store Terms of Service. We cannot issue refunds for App Store purchases directly.

To request one, use reportaproblem.apple.com or contact Apple Support. Except where required by law, subscription fees are non-refundable and there are no refunds or credits for partially used periods, or for periods in which you did not use the Service.

Nothing here limits any statutory right of withdrawal or refund you may have under consumer protection law in your country. If you think you have been charged in error, emailsupport@telluriomlabs.com and we will help you with Apple where we can.

12. Changes to the Service

We are actively developing Gymeo. We may add, modify, suspend or discontinue features at any time, and we may set limits on use or storage. We will try to give reasonable notice before removing a significant feature you paid for. If we permanently discontinue the Service, we will give you notice and a fair opportunity to export your data.

13. Intellectual property

The Service and everything in it — software, design, text, graphics, illustrations, video, technique content, models, prompts, scoring methodology, the Gymeo name and logo — is owned by Tellurium Labs or its licensors and is protected by copyright, trademark and other laws. Nothing in these Terms transfers those rights to you.

You may not use our name, logo or branding without our prior written permission. All third-party trademarks shown in the Service remain the property of their owners and do not imply endorsement.

If you believe content in the Service infringes your copyright, send a notice with enough detail to identify the work and the material tosupport@telluriomlabs.com, and we will investigate and remove infringing material where appropriate.

14. Third-party services

The Service relies on third parties (including Apple, our hosting and AI providers, and our subscription infrastructure) and may link to third-party sites or content. We do not control them, do not endorse them, and are not responsible for their content, availability, terms or practices. Your use of a third-party service is governed by that party’s own terms, and any dealings you have with them are between you and them.

15. Privacy

Our Privacy Policy explains what we collect, how we use it and the rights you have over it. By using the Service you consent to the processing described there, including the transmission of your scan images to our AI provider so equipment can be identified.

16. Suspension and termination

You may stop using the Service at any time by deleting your account and, separately, cancelling your subscription through Apple.

We may suspend or terminate your access, with or without notice, if you breach these Terms, create risk or legal exposure for us or other users, or if we are required to by law. Where it is reasonable and lawful, we will let you know first and give you a chance to fix the problem.

On termination, your licence ends immediately and we may delete your data in line with our retention schedule. If we terminate your account without cause and you have prepaid for a period you cannot use, we will refund the unused portion where the law requires it. Sections that by their nature should survive — including3, 9,13, 17,18, 19 and20 — continue to apply.

17. Disclaimers

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you. In that case, any implied warranty is limited to the minimum period permitted by law.

18. Limitation of liability

To the fullest extent permitted by law, neither Tellurium Labs nor its officers, members, employees, agents, suppliers or licensors will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or related to the service, whether based on contract, tort, negligence, strict liability or any other theory, even if we have been advised of the possibility of such damages.

Our total aggregate liability for all claims relating to the service will not exceed the greater of (a) the total amount you paid us for the service in the twelve months before the event giving rise to the claim, or (b) one hundred United States dollars (US$100).

These limits do not apply to liability that cannot be excluded by law, including liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. These limitations are a fundamental part of the agreement between us and apply even if a limited remedy fails of its essential purpose.

19. Indemnification

You agree to defend, indemnify and hold harmless Tellurium Labs and its officers, members, employees and agents from any claim, demand, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or related to: your use of the Service; your User Content; your breach of these Terms or of any law; your infringement of anyone’s rights; or any injury, health condition or property damage connected to your training. We may assume the exclusive defence of any matter subject to indemnification by you, in which case you agree to cooperate with us.

20. Governing law and disputes

These Terms and any dispute arising out of them or the Service are governed by the laws of theState of Florida, United States, without regard to its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Talk to us first. Before filing a claim, please emailsupport@telluriomlabs.com with a description of the problem and the relief you want. Most issues are resolved this way. If we cannot resolve it within 60 days, either of us may proceed.

You and we agree that the state and federal courts located inMiami-Dade County, Florida have exclusive jurisdiction over any dispute, and both parties consent to personal jurisdiction and venue there.

If you are a consumer resident in the European Union, the United Kingdom or another jurisdiction whose law grants you the right to bring proceedings in your local courts or to the protection of mandatory consumer rules, nothing in this section removes those rights.

21. Apple App Store terms

Gymeo is distributed through the Apple App Store. The following terms apply in addition to the rest of this agreement, and take precedence over any conflicting provision:

• This agreement is between you and us, not Apple. Apple is not a party to these Terms and is not responsible for the App or its content.
• Scope of licence. The licence in Section 5 is limited to a non-transferable licence to use the App on Apple-branded products you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Maintenance and support. We are solely responsible for providing maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
• Warranty. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the App. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the App (if any). Apple will have no other warranty obligation whatsoever, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility.
• Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection or privacy law.
• Intellectual property claims. If a third party claims the App infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
• Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, on your acceptance, will have the right to enforce them against you.

22. General terms

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and replace any prior agreement on the subject.
• Severability. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary and the rest stays in force.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Notices. We may send notices to the email address on your account or through the App. Send notices to us atsupport@telluriomlabs.com.
• Language. These Terms are drafted in English. Any translation is provided for convenience; the English version governs.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between us.

23. Contact us