Gymscanner Terms Of Use

Version 2.0 | Effective Date: June 15, 2026

These Terms of Use ("Terms") govern your access to and use of the Gymscanner website at gymscanner.com (the "Site"), the Gymscanner mobile applications for iOS and Android (the "Apps"), and all related services, features, tools, and content (collectively, the "Platform").

By creating an account, making a purchase, listing services as a Vendor, or otherwise using the Platform, you agree to be bound by these Terms and our Privacy Policy and Cookie Policy, which are incorporated by reference. If you do not agree, do not use the Platform.

⚠️ PLEASE READ SECTION 19 CAREFULLY. FOR USERS CONTRACTING WITH GYMSCANNER, INC (USA), IT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

1. Who We Are; Your Contracting Entity

The Platform is operated by the Gymscanner group. The entity you contract with, and the law that governs your relationship with us, depends on your country of residence:

Your Region	Contracting Entity	Registered Address	Governing Law
European Union, EEA, United Kingdom	Gymscanner SRL ("Gymscanner Romania")	Strada Valea Adâncă 17C, 700712 Iași, Romania	Laws of Romania
GCC and MENA region	Gymscanner General Trading Co. ("Gymscanner Kuwait")	Nuzha Complex, Floor 2, Ibn Khaldoun Street, Hawalli, Kuwait	Laws of the State of Kuwait
Australia and New Zealand	Gymscanner General Trading Co. ("Gymscanner Kuwait")	Nuzha Complex, Floor 2, Ibn Khaldoun Street, Hawalli, Kuwait	Laws of the State of Kuwait, subject to the ANZ Addendum
United States, Americas, and all other countries	Gymscanner, Inc. ("Gymscanner US")	256 Chapman Road, Suite 105-4, Newark, DE 19702, USA	Laws of the State of Delaware, USA

Users and Vendors in Australia or New Zealand are also covered by the Australia and New Zealand Regional Addendum, which prevails over these Terms for them.

References to "Gymscanner," "we," "us," or "our" mean the entity applicable to you under this table. Gymscanner US is the owner of all intellectual property in the Platform and licenses it to the other group entities.

2. Definitions

"User": Any person who accesses the Platform, including purchasers of Vendor Services and users of the Health Tools.
"Vendor": A gym, fitness facility, personal trainer, or other service provider that Signs Up for a Vendor account to list and sell services on the Platform.
"Vendor Services": Gym memberships, day and tourist passes, personal training plans, exclusive deals, and any other offerings listed by Vendors.
"Health Tools": The food calorie scanner, period and cycle tracker, steps tracker, AI nutrition plan builder, and any other health or wellness feature we make available.
"Listing": Any Vendor Service published on the Platform, including its description, pricing, images, and terms.
"User Content": Reviews, ratings, photos, comments, and any other content submitted by Users or Vendors.
"Tourist Pass": A short-term gym access product designated as a tourist pass on the Platform.

3. Eligibility

You must be at least 18 years old to create an account or use the Platform. By using the Platform you represent that you are 18 or older and have full legal capacity to enter into these Terms. We may suspend or delete any account we reasonably believe belongs to a person under 18, and we do not knowingly collect data from minors.
You may not use the Platform if you are located in, ordinarily resident in, or organized under the laws of any Restricted Territory listed in Annex B, or if you are listed on, or owned or controlled by a person listed on, any sanctions or restricted-party list maintained by the United States (including the OFAC SDN List), the European Union, the United Kingdom, or the United Nations.
If you Sign Up on behalf of a company (for example, a gym Signing Up for a Vendor account), you represent that you are authorized to bind that company, and "you" includes that company.

4. The Platform and Our Role

Gymscanner is a marketplace. Vendors, not Gymscanner, provide the Vendor Services. Gymscanner does not own, operate, inspect, or control any gym, facility, or trainer, and is not a party to the service relationship between you and a Vendor, except as expressly stated in these Terms.

However, for payment purposes Gymscanner acts as merchant of record: when you purchase a Vendor Service, your payment is made to Gymscanner, which then settles with the Vendor. Your card or payment statement will show Gymscanner. This means Gymscanner is responsible for processing your payment and handling refunds in accordance with Section 8, while the Vendor remains solely responsible for delivering the underlying service.

We do not verify, and make no warranty regarding, the qualifications, certifications, licensing, safety standards, equipment, or conduct of any Vendor, beyond the basic onboarding checks described in Section 12. You use Vendor facilities and services at your own risk.

5. Accounts

5.1 Signing Up: Browsing Listings is open to everyone. You must create an account and Sign In to: purchase Vendor Services, save favorites (gyms or trainers), submit reviews, and use the Health Tools.
5.2 Account Security: You are responsible for your credentials and all activity under your account. Notify us immediately at [email protected] of any unauthorized use. We are not liable for losses caused by your failure to secure your account.
5.3 Accuracy: You must provide accurate, current information at Sign-Up and keep it updated. Accounts created with false information may be suspended or deleted.
5.4 One Account: One account per person or legal entity unless we approve otherwise in writing. Accounts are personal and non-transferable.

6. Purchases, Pricing, and Payment

6.1 Order Process: When you purchase a Vendor Service, you make a binding offer to buy. The contract for the underlying service is formed between you and the Vendor when we send you the order confirmation; the payment contract is between you and Gymscanner as merchant of record.
6.2 Pricing: Prices are displayed in the Listing, inclusive or exclusive of applicable taxes as indicated at checkout. Prices may change at any time, but changes do not affect orders already confirmed. In case of an obvious pricing error, we may cancel the order and refund you in full.
6.3 Payment Processing: Payments are processed by third-party payment processors, currently Stripe. By purchasing, you also agree to the processor's terms. We do not store full card numbers. We may add or change processors at any time.
6.4 One-Time Purchases: All purchases on the Platform are one-time transactions. We do not currently offer auto-renewing subscriptions. Your membership, pass, or plan ends on its stated expiry without further charge.
6.5 Taxes: You are responsible for any taxes, duties, or charges applicable to your purchase that are not collected at checkout. Vendors are responsible for their own tax obligations on amounts paid out to them.
6.6 Fraud Prevention: We may decline, cancel, or reverse transactions we reasonably suspect to be fraudulent, unauthorized, or in breach of these Terms, and may request identity verification before completing a purchase.

7. Redemption of Vendor Services

7.1 Each purchase is subject to the validity period, usage limits, and conditions stated in the Listing (for example, number of visits, expiry date, eligible locations, or session counts for training plans).
7.2 You must present the redemption method specified in the App (QR code, booking reference, or membership confirmation) at the Vendor's facility. Vendors may refuse entry where you cannot present valid proof of purchase or valid identification, or where you breach the Vendor's house rules.
7.3 A purchase is "redeemed" when you activate it, check in at the Vendor, attend a first session, or download or begin a training or nutrition plan, whichever occurs first.

8. Refunds and Cancellations

8.1 All Sales Are Final: Except as set out in this Section 8 or as required by mandatory law, all purchases are final and non-refundable.
8.2 No Refund for Non-Use: If you purchase a Vendor Service and do not redeem it (for example, you never visit the gym or never start the plan), you are not entitled to a refund. Unused purchases expire at the end of their stated validity period without compensation.
8.3 Vendor Failure: If a Vendor permanently closes, ceases operations, or refuses to honor a valid, unexpired purchase through no fault of yours, Gymscanner will refund you the full purchase price to your original payment method. Contact [email protected] with your order reference within 30 days of the failure. This is your sole and exclusive remedy against Gymscanner for Vendor non-performance.
8.4 EU/EEA/UK Consumers (Right of Withdrawal): If you contract with Gymscanner Romania as a consumer, you have a statutory right to withdraw from your purchase within 14 days of order confirmation without giving a reason, unless and until you redeem the purchase. By redeeming a purchase (as defined in Section 7.3) within the 14-day period, you expressly request immediate performance and acknowledge that you lose your right of withdrawal once the service is fully performed, and owe a proportionate amount for partial performance. This consent is captured at checkout. To withdraw an unredeemed purchase, email [email protected] or use the model withdrawal form in Annex A within the 14-day period. Withdrawal refunds are made within 14 days to your original payment method.
8.5 Mandatory Rights: Nothing in this Section limits non-waivable rights you have under the consumer protection laws of your country of residence, including conformity remedies under EU law.
8.6 Chargebacks: Initiating a chargeback for a transaction that complies with these Terms is a breach of these Terms. We may suspend your account and contest the chargeback. This does not limit your right to dispute genuinely unauthorized transactions.

9. Health Tools

🛑 9.1 NOT MEDICAL ADVICE The Health Tools, all outputs they generate, and all related content on the Platform are provided for general informational and wellness purposes only. They are not medical advice, diagnosis, or treatment, and are not a substitute for consultation with a physician, dietitian, or other qualified health professional. Never disregard professional medical advice or delay seeking it because of anything on the Platform. Consult a doctor before starting any exercise or nutrition program, especially if you are pregnant, nursing, have a medical condition, or take medication. If you believe you have a medical emergency, call your local emergency number immediately.

9.2 Calorie Scanner: Food photos you capture with the calorie scanner are processed on your device; the photos themselves are not uploaded to our servers. Calorie and nutrient estimates are approximations derived from visual recognition and reference databases. They can be materially inaccurate and must not be relied upon for medical nutrition therapy, allergy avoidance, diabetic carbohydrate counting, or any condition where precise intake matters.
9.3 Period and Cycle Tracker: The cycle tracker lets you log menstruation, symptoms, and related data and generates cycle predictions. Data you enter is stored both on your device and on our servers to enable sync and backup. This data is health data and is processed only with your explicit consent and as described in our Privacy Policy. You may withdraw consent and delete your cycle data at any time in the App settings. Predictions of periods, ovulation, and fertile windows are statistical estimates. The tracker is not a contraceptive, is not a fertility treatment tool, and must not be used to prevent or plan pregnancy. The tracker is not designed to detect or monitor any medical condition. Irregularities should be discussed with a healthcare professional.
9.4 Steps Tracker: Step counts and activity metrics depend on your device sensors and permissions and may be inaccurate. They are wellness estimates, not medical measurements.
9.5 AI Nutrition Plan Builder: Nutrition plans are generated by artificial intelligence powered by third-party technology provided by Anthropic. Inputs you provide for plan generation are processed through Anthropic's API under contractual confidentiality and data protection commitments, as described in our Privacy Policy.
AI-generated plans are automated outputs based on information you provide. They may contain errors, omissions, or recommendations unsuitable for your individual circumstances.
You are solely responsible for verifying that any plan is safe and appropriate for you, including checking ingredients against your allergies and intolerances. Do not use the builder as your sole guide if you have an eating disorder, diabetes, kidney disease, or any condition requiring supervised nutrition. We do not warrant any health, weight, or fitness outcome from following a generated plan.
9.6 Assumption of Risk: Physical exercise and dietary change carry inherent risk, including injury and adverse health events. To the maximum extent permitted by law, you assume all risks arising from your use of the Health Tools and from any exercise or nutrition activity you undertake based on Platform content.

10. User Content and Reviews

10.1 Reviews: Signed-In Users who have purchased or used a Vendor Service may submit reviews and ratings. Reviews must reflect your genuine, first-hand experience.
10.2 Prohibited Content: You may not submit User Content that is false, misleading, or defamatory; is incentivized, paid for, or submitted on behalf of a Vendor (including a Vendor reviewing itself or a competitor); contains personal data of third parties, advertising, spam, or malware; or is unlawful, obscene, harassing, discriminatory, or infringes any third-party right.
10.3 License: You retain ownership of your User Content. You grant Gymscanner a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, adapt, translate, publish, publicly display, and distribute your User Content in connection with operating, promoting, and improving the Platform, in any media. This license survives account closure for content already published, until removed.
10.4 Moderation: We may, but are not obliged to, monitor User Content. We may remove, edit, or refuse to publish any User Content at our discretion, including content we reasonably believe breaches these Terms or applicable law. EU users may have additional notice and appeal rights under the Digital Services Act.
10.5 Responsibility: You are solely responsible for your User Content. We do not endorse any User Content and are not liable for it.

11. Acceptable Use

You agree not to:

Use the Platform for any unlawful purpose or in breach of these Terms;
Scrape, crawl, harvest, or extract data from the Platform, or use any robot, spider, or automated means to access it, except for standard search engine indexing;
Copy, frame, mirror, or resell any part of the Platform without our written consent;
Reverse engineer, decompile, or disassemble the Apps except where permitted by law;
Circumvent, disable, or interfere with security features, rate limits, or access controls;
Upload viruses or malicious code, or interfere with the integrity or performance of the Platform;
Impersonate any person or misrepresent your affiliation;
Use the Platform to harass, abuse, or harm another person, or to collect personal data about other Users or Vendors;
Create Listings, accounts, or transactions that are fraudulent, fictitious, or intended to manipulate search rankings, reviews, or commissions;
Use the Health Tools to provide services to third parties (for example, reselling AI nutrition plans) without our written consent.

We may investigate violations and cooperate with law enforcement. We may suspend or terminate access for breach of this Section.

12. Vendor Terms

This Section 12 applies to Vendors in addition to all other Sections of these Terms. By Signing Up for a Vendor account or publishing a Listing, you accept these Vendor Terms. In case of conflict between this Section and the rest of the Terms as applied to Vendors, this Section prevails.

12.1 Onboarding and Verification

Vendors must complete Sign-Up, provide accurate business details (legal name, registration number, address, tax identifiers, bank or Stripe payout details, and authorized contact), and complete any identity, business, or compliance verification we or our payment processor require (including Stripe onboarding and KYC/AML checks).
We may decline, suspend, or remove any Vendor at our discretion, including for failed verification, sanctions exposure, or reputational risk.
Personal trainers may Sign Up directly as individual Vendors or operate under a gym's Vendor account. The account holder is responsible for all activity under its account, including its staff and trainers.

12.2 Listings: Standards and Warranties

The Vendor represents and warrants, on an ongoing basis, that:

All Listing information (prices, facilities, amenities, schedules, locations, photos, trainer qualifications/certifications, and deal conditions) is accurate, current, and not misleading;
It holds all licenses, permits, insurance, and certifications required to operate its business and provide the listed services in its jurisdiction, including commercial liability insurance appropriate to its operations;
Its facilities and services comply with applicable health, safety, hygiene, consumer protection, and employment laws;
Its Listings and uploaded content do not infringe any third-party intellectual property or other rights;
Prices listed on Gymscanner for a given service are not higher than the price at which the Vendor offers the same service through its own direct channels (rate parity for identical conditions).

Vendors must update Listings promptly when information changes and must honor every valid, unexpired purchase at the listed terms.

12.3 Cooperation Obligations

Vendors must:

Accept and process Platform redemptions (QR codes, booking references, membership confirmations) without imposing additional charges or conditions not stated in the Listing;
Treat Platform Users no less favorably than direct customers;
Respond to User inquiries and complaints routed through the Platform within 2 business days;
Notify Gymscanner at least 30 days in advance of planned closures, relocations, or material service changes affecting unexpired purchases, and immediately of any unplanned closure;
Maintain accurate redemption records and make them available to Gymscanner on request for audit and dispute resolution;
Not solicit, request, or incentivize reviews in breach of Section 10, and not contact Users outside the Platform for marketing without the User's valid consent;
Comply with applicable data protection law when handling User personal data received through the Platform, use it only to deliver the purchased service, and not retain or repurpose it.

12.4 Commission

Gymscanner deducts a commission from each completed transaction: 10% of the gross transaction value for all Vendor Services, except Tourist Passes, for which the commission is 50%.
Commission is calculated on the price paid by the User, excluding taxes collected at checkout where itemized.
We may revise commission rates with 30 days' written notice; revised rates apply only to transactions after the notice period.

12.5 Payouts

Cycle: Payouts are made monthly. Each payout covers transactions completed during the preceding calendar month and is settled within 10 business days after month end.
Threshold: The minimum payout is USD 300 (or equivalent). Balances below the threshold roll over to the next cycle.
Currency: Payouts are made in the currency of the Vendor's country of registration, converted where necessary at the payment processor's prevailing rate. Conversion and transfer fees charged by the processor or receiving bank are borne by the Vendor.
Method: Payouts are made via Stripe or such other method as we designate, to the payout details on the Vendor account. The Vendor is responsible for keeping payout details accurate.
Statements: A transaction statement itemizing gross sales, commissions, deductions, and net payout is available in the Vendor dashboard. Vendors must raise statement disputes within 60 days of issue, after which the statement is deemed accepted.
Withholding: We may withhold or delay payouts where required by law, where fraud or breach is reasonably suspected, where verification is incomplete, or to cover anticipated Clawback Amounts.

12.6 Refunds, Chargebacks, and Clawbacks

Where Gymscanner refunds a User under Section 8, or incurs a chargeback, payment reversal, fraud loss, or regulatory fine attributable to the Vendor's services, Listings, or conduct, the corresponding amounts plus reasonable processing costs ("Clawback Amounts") are owed by the Vendor to Gymscanner.
We may set off Clawback Amounts against current and future payouts. If the Vendor's balance is insufficient, we will invoice the Vendor, payable within 14 days.
Commission is not refunded to the Vendor on refunded or charged-back transactions.

12.7 Anti-Circumvention

Vendors must not solicit, encourage, or accept off-Platform bookings or payments from Users who discovered or contacted the Vendor through the Platform, where the purpose or effect is to avoid Gymscanner commission. This includes directing Users to book "directly" via signage, messaging, staff instructions, discount offers, or links placed in Listings, profiles, or reviews.
Renewals and repeat purchases by a User originally acquired through the Platform must be transacted through the Platform for 12 months from the User's first purchase from that Vendor.
For each circumvented transaction, the Vendor owes Gymscanner the commission that would have applied, and we may additionally suspend or terminate the Vendor under 12.9.

12.8 Vendor Indemnity

The Vendor will indemnify, defend, and hold harmless Gymscanner, its group entities, and their officers, employees, and agents from and against all claims, losses, liabilities, damages, fines, and costs (including reasonable legal fees) arising out of or related to:

The Vendor's services and facilities, including personal injury, death, or property damage occurring at or in connection with them;
Inaccurate, misleading, or infringing Listings or Vendor content;
The conduct of the Vendor's staff, trainers, or contractors;
The Vendor's breach of these Terms or of applicable law, including tax, licensing, employment, and data protection obligations.

12.9 Term, Suspension, and Termination (Vendors)

At Will: Either the Vendor or Gymscanner may terminate the Vendor relationship without cause on 30 days' written notice (email or dashboard notice suffices).
For Cause: Gymscanner may suspend or terminate a Vendor immediately, without notice, for: fraud or suspected fraud; fake, incentivized, or manipulated reviews; safety incidents or credible safety complaints; excessive chargebacks, refunds, or User complaints; circumvention under 12.7; sanctions or legal compliance issues; material or repeated breach of these Terms.
Effect of Termination: Listings are unpublished on the effective date. The Vendor must continue to honor all purchases made before that date through their validity, unless we direct otherwise and refund affected Users (in which case Clawback Amounts apply). Outstanding net balances above zero are paid in the next regular payout cycle, subject to a holdback of up to 90 days against refunds, chargebacks, and Clawback Amounts. Sections 12.6, 12.8, and 12.9, and Sections 13 to 22, survive termination.

13. Intellectual Property

13.1 Our IP: The Platform, including software, design, text, graphics, logos, trademarks (including "Gymscanner"), databases, and Health Tool models and outputs' presentation, is owned by Gymscanner, Inc. or its licensors and protected by intellectual property laws. Except for the limited rights expressly granted, no rights are transferred to you.
13.2 Your License: We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Platform, and to download and use the Apps on devices you own or control, solely for their intended purpose and in accordance with these Terms and applicable app store rules.
13.3 Vendor Content License: Vendors grant Gymscanner a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, adapt, translate, display, and distribute their Listings, names, logos, and uploaded content for operating, marketing, and promoting the Platform and the Vendor's Listings, in any media, during the Vendor relationship and for a reasonable wind-down period thereafter.
13.4 Feedback: If you send us ideas or suggestions, we may use them without restriction or compensation.
13.5 Infringement Notices: Report alleged IP infringement on the Platform to [email protected] with sufficient detail to identify the work and the allegedly infringing material. We respond in accordance with applicable law, including the DMCA for US matters.

14. Third-Party Services

The Platform depends on third-party services, including Stripe (payments), Anthropic (AI processing for the nutrition plan builder), app stores, mapping providers, and device health frameworks. We are not responsible for third-party services, their availability, or their terms. Links to third-party sites are provided for convenience and are not endorsements.

15. Mobile App Terms

15.1 App Stores: Apps downloaded from the Apple App Store or Google Play are also subject to the respective store terms. Apple and Google are not parties to these Terms, have no obligation to provide support or maintenance, and have no liability to you in connection with the Apps, except that Apple may refund the App purchase price (if any) where required under its terms. Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the iOS App and may enforce them against you.
15.2 Device Permissions: Health Tools may request device permissions (camera for the calorie scanner, motion and fitness data for the steps tracker, notifications). You control permissions in your device settings; some features will not function without them.
15.3 Updates: We may issue updates that install automatically depending on your settings. Features may be added, changed, or removed at any time. We do not guarantee the Apps will work on all devices or OS versions.
15.4 Data Charges: You are responsible for mobile data and roaming charges incurred using the Apps.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE PLATFORM, THE HEALTH TOOLS, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY HEALTH TOOL OUTPUT (INCLUDING CALORIE ESTIMATES, CYCLE PREDICTIONS, STEP COUNTS, AND AI-GENERATED NUTRITION PLANS) IS ACCURATE, COMPLETE, OR SUITABLE FOR YOU. WE MAKE NO WARRANTY REGARDING ANY VENDOR, VENDOR SERVICE, OR THE CONDUCT OF ANY USER.

This Section does not exclude warranties or guarantees that cannot be excluded under the laws of your country of residence, including statutory conformity guarantees for EU consumers.

17. Limitation of Liability

17.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, GYMSCANNER AND ITS GROUP ENTITIES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR:
(A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
(B) LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY;
(C) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM VENDOR SERVICES, VENDOR FACILITIES, OR YOUR EXERCISE OR NUTRITION ACTIVITIES;
(D) ANY RELIANCE ON HEALTH TOOL OUTPUTS; OR
(E) UNAUTHORIZED ACCESS TO YOUR DATA NOT CAUSED BY OUR BREACH OF THESE TERMS.
17.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF:
(A) THE AMOUNTS YOU PAID TO GYMSCANNER IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND
(B) USD 100. FOR VENDORS, THE CAP IS THE COMMISSION WE EARNED FROM THE VENDOR IN THE 12 MONTHS BEFORE THE EVENT.
17.3 Exclusions: Nothing in these Terms excludes or limits liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or willful misconduct; or any liability that cannot be excluded or limited under applicable law. For EU consumers, mandatory consumer rights remain unaffected.

18. User Indemnification

You will indemnify and hold harmless Gymscanner and its group entities from claims, losses, and costs (including reasonable legal fees) arising from: your breach of these Terms; your User Content; your misuse of the Platform; or your violation of law or third-party rights. This Section does not apply to consumers where prohibited by mandatory law.

19. Governing Law and Dispute Resolution

19.1 Contracting Entity: Your contracting entity and governing law are set by the table in Section 1.
19.2 Gymscanner US (Delaware) Users: ARBITRATION AND CLASS ACTION WAIVER
Governing Law: Laws of the State of Delaware, USA, excluding its conflict-of-laws rules.
Informal Resolution: Before filing any claim, you and Gymscanner agree to attempt resolution by written notice to [email protected] and 60 days of good-faith negotiation.
Binding Arbitration: Any dispute not resolved informally will be finally resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Rules for Vendor disputes), seated in Wilmington, Delaware, in English. The Federal Arbitration Act governs this clause.
CLASS ACTION WAIVER: ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. CLASS, COLLECTIVE, CONSOLIDATED, AND REPRESENTATIVE PROCEEDINGS ARE WAIVED.
Exceptions: Either party may bring an individual claim in small claims court, or seek injunctive relief for IP infringement or unauthorized Platform access in court.
Opt-Out: You may opt out of arbitration by emailing [email protected] within 30 days of first accepting these Terms, stating your name, account email, and intent to opt out.
19.3 Gymscanner Romania (EU/EEA/UK) Users: Governed by the laws of Romania. Consumers benefit from mandatory protections of the law of their country of habitual residence. Disputes are subject to the courts of Iasi, Romania, or the consumer's local court. Online dispute resolution available at ec.europa.eu/consumers/odr and Romanian consumer authority (anpc.ro).
19.4 Gymscanner Kuwait Users (GCC/MENA, Australia, New Zealand): Governed by the laws of the State of Kuwait. Disputes subject to the exclusive jurisdiction of the courts of Kuwait City. For Australia/NZ users, the ANZ Addendum prevails over this Section.
19.5 Vendors: Vendor disputes follow the regime of the Vendor's contracting entity under Section 1, excluding consumer-specific provisions.

20. Suspension and Termination (Users)

20.1 Account Closure: You may close your account at any time in the App settings or by contacting [email protected]. Closure does not entitle you to refunds for unexpired or unredeemed purchases except as provided in Section 8.
20.2 Platform Action: We may suspend or terminate your account, restrict features, or cancel transactions, with or without notice, where you breach these Terms, where required by law, or where we reasonably suspect fraud, abuse, or risk. EU users have statement-of-reasons and appeal rights under applicable EU law.
20.3 Survival: Sections that by their nature should survive termination (including 8, 9.6, 10.3, 12.6, 12.8, 13, 16, 17, 18, 19) survive.

21. Changes to the Platform and these Terms

We may amend these Terms. For material changes we will give at least 15 days' notice by email or in-App notice (30 days for changes materially affecting Vendors' commission or payout terms). Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Platform and close your account before the changes take effect. Changes do not apply retroactively to purchases already confirmed.

22. General

Entire Agreement: These Terms, the Privacy Policy, the Cookie Policy, and any terms displayed at checkout or in a Listing form the entire agreement between you and Gymscanner.
Severability: If any provision is held invalid, the remainder stays in effect, and the invalid provision is replaced by a valid one closest to its intent.
No Waiver: Failure to enforce a provision is not a waiver.
Assignment: You may not assign these Terms without our consent. We may assign them to a group entity or in connection with a merger, acquisition, or asset sale.
Force Majeure: Neither party is liable for delay or failure caused by events beyond its reasonable control (excluding accrued payment obligations).
Language: These Terms are drafted in English. Translations are for convenience; the English version prevails to the extent permitted by law.
Notices: We may notify you by email, in-App message, or posting on the Platform. Legal notices to us go to [email protected] and the registered address of your contracting entity in Section 1.
Export and Sanctions: You must comply with applicable export control and sanctions laws in your use of the Platform.

23. Contact

Support & Legal Notices: [email protected]
Postal Address: The registered address of your contracting entity listed in Section 1.

Annex A: Model Withdrawal Form

(EU/EEA/UK consumers only)

To: Gymscanner SRL, Strada Valea Adâncă 17C, 700712 Iași, Romania
Email: [email protected]

I hereby give notice that I withdraw from my contract for the following service:
- Order Reference & Description: [Insert details]
- Ordered On: [Insert date]
- Name of Consumer: [Insert name]
- Address of Consumer: [Insert address]

Signature (only if submitted on paper): ______________________
Date: [Insert date]

Annex B: Restricted Territories

The Platform is not available to persons located in, ordinarily resident in, or organized under the laws of the following countries and territories, which are subject to comprehensive sanctions or policy restrictions:

Iran
North Korea (DPRK)
Syria
Cuba
The Crimea region of Ukraine
The so-called Donetsk People's Republic (DNR) region of Ukraine
The so-called Luhansk People's Republic (LNR) region of Ukraine
Any other country or territory that becomes subject to comprehensive sanctions by the United States, the European Union, the United Kingdom, or the United Nations after the Effective Date.

⚠️ We may update this Annex at any time to reflect changes in applicable sanctions law, without the notice period in Section 21. Transactions involving Restricted Territories may be blocked, cancelled, or reversed, and associated accounts suspended, without liability to Gymscanner.