Terms of Service

1. What GymSeen is

GymSeen is a gym presence app that lets you set your gymteractions — whether you're open to talking or want to be left alone. It is not a dating app, messaging platform, or social network. There are no DMs, no feeds, no followers.

2. Eligibility

You must be at least 18 years old to use GymSeen. By creating an account, you confirm you meet this age requirement.

3. Your account

You sign in with your email address via a one-time code. You are responsible for maintaining access to your email. One account per person. Do not create accounts for others or impersonate anyone.

4. Acceptable use

You agree NOT to:

• Harass, stalk, or intimidate other users
• Upload inappropriate, offensive, or illegal photos
• Attempt to spoof your location to check in remotely
• Scrape, bot, or automate access to GymSeen
• Use GymSeen for any commercial or advertising purpose
• Circumvent blocks or other safety features
• Track patterns in other users' presence data (e.g., logging when someone checks in to learn their schedule)
• Share another user's presence information outside of GymSeen (screenshots, posts, etc.)
• Use social handles obtained through GymSeen to contact or harass someone off-platform

5. Content you upload

Your profile photo must be a clear, appropriate photo of yourself. Photos are automatically screened by AI for policy compliance. We reserve the right to remove photos that violate our guidelines and suspend accounts that repeatedly upload inappropriate content.

By uploading content to GymSeen (including your photo, name, and profile information), you grant GymSeen a worldwide, royalty-free, non-exclusive license to store, display, process, and distribute that content solely for operating the service. This license ends when you delete the content or your account.

6. Nods

Nods are anonymous, one-way acknowledgments limited to 3 per day. They are not messages. Nods cannot be used to communicate specific content. Abuse of the nod system (e.g., nod spamming through account creation) will result in a ban.

7. Blocking & reporting

You can block any user at any time. Blocks are mutual — neither party can see the other. You can report users for inappropriate behavior. We take every report seriously and may suspend or ban accounts at our discretion.

8. Location verification

GymSeen requires GPS verification to check in. This is a core safety feature — it ensures only people physically at the gym can appear in the member list. Attempts to spoof location will result in account termination.

9. Service availability

GymSeen is provided "as is." We do our best to keep the service running but don't guarantee 100% uptime. We may modify or discontinue features at any time.

10. Termination

We may suspend or terminate your account at our sole discretion, with or without cause, and with or without notice. You can delete your account at any time through the app or by emailing hello@gymseen.com.

The following sections survive termination: Warranty Disclaimer, Limitation of Liability, Indemnification, Dispute Resolution & Arbitration, and Content License.

11. Warranty disclaimer

GymSeen is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or secure. We do not warrant the accuracy or completeness of any information provided through the service.

12. Limitation of liability

To the maximum extent permitted by law, GymSeen and its operator shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your use of or inability to use the service; (b) any interactions between users, whether online or in person; (c) any content posted or shared by other users; or (d) unauthorized access to your data.

Our total aggregate liability for all claims arising from or related to the service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, which is $0.00 for free accounts.

13. Indemnification

You agree to indemnify, defend, and hold harmless GymSeen and its operator from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising out of or related to: (a) your use of the service; (b) your violation of these terms; (c) your violation of any third-party rights; or (d) your conduct in connection with the service.

14. Dispute resolution & arbitration

Informal resolution first. Before filing any formal dispute, you agree to contact us at hello@gymseen.com and attempt to resolve the matter informally for at least 30 days.

Binding arbitration. If we can't resolve the dispute informally, you and GymSeen agree to resolve it through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Maricopa County, Arizona, or remotely at the arbitrator's discretion.

Class action waiver: You agree to resolve disputes only on an individual basis. You waive any right to participate in a class action, class arbitration, or representative proceeding.

Small claims exception. Either party may bring qualifying claims in small claims court in Maricopa County, Arizona.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice to hello@gymseen.com within 30 days of creating your account. If you opt out, disputes will be resolved in the state or federal courts of Maricopa County, Arizona.

15. Governing law

These terms are governed by the laws of the State of Arizona, without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved in the state or federal courts located in Maricopa County, Arizona.

16. Severability

If any provision of these terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable. The remaining provisions will continue in full force and effect.

17. Entire agreement

These terms, together with the Privacy Policy, constitute the entire agreement between you and GymSeen regarding your use of the service.

18. Changes

We may update these terms. Continued use after changes constitutes acceptance. Material changes will be communicated through the app with at least 30 days' notice. Material changes to the arbitration terms will include a separate 30-day notice period.

Contact

Questions? Email us at hello@gymseen.com.