These terms are binding on all individuals and entities who access, visit, and use the Services, including all persons, entities, and digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process (collectively, “you” and “your”). Your use of the Services constitutes your acceptance of any changes and/or revisions to these Terms of Use. If you disagree with these Terms of Use, or if you violate, breach, fail to follow, or act inconsistently with these Terms of Use or any other terms and conditions that apply to the Services, then your access to and use of the Services is unauthorized and HeyGymbo reserves the right to terminate, suspend, and/or restrict your ability to access, visit and/or use the Services and to refuse to honour any of our purported obligations under these Terms of Use, with or without notice. In addition, we may restrict or refuse to provide you with future access, visitation, and/or use of the Services. We reserve the right, in addition to other remedies, to take any technical, legal or other actions we deem necessary, with or without notice, to prevent violations and to enforce these Terms of Use. As part of this, we reserve the right to involve and cooperate with law enforcement agencies and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving the Services. HeyGymbo may modify, suspend, discontinue, or terminate your right to use part or all of the Services at any time without notice to you, and in that event, we may modify the Services to make them inoperable. HeyGymbo will not be liable to you should it exercise those rights.

Eligibility & Jurisdiction

The Services are controlled and operated by HeyGymbo from the United Kingdom and are not intended to subject HeyGymbo to the laws or jurisdiction of any state, country, or territory other than the United Kingdom. HeyGymbo does not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United Kingdom. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. At time of writing, the Services are intended only for use in the United Kingdom by individuals who are 16 years of age or older and who have the capacity to enter into a valid contract. By accessing the Services you represent and affirm that you meet these requirements. If you choose to access this site from a location outside the United Kingdom, you are responsible for compliance with local laws.

Content

These Terms of Use govern all content on the Services, including text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, trademarks, trade names, service marks, games, and other brand identifiers, designs, plans, software, source and object code, data, algorithms, analysis, statistics, indexes, registries, repositories, and all other content, information, and materials available on or through the Services, whether provided by HeyGymbo, our licensors, partners vendors, and/or other service providers (“Content”).

License and Access

Subject to your compliance with these Terms of Use, HeyGymbo grants you a non-exclusive, limited, revocable, personal, non-transferrable license to use the Services and to download and use any HeyGymbo mobile application (“Mobile Application”) on your mobile device, for your personal, non commercial use only. As part of this, you may print, save, download, and share gym information, saved searches for your non-commercial, personal use only. This license does not include any resale or commercial use of any Services or its Content, any collection or use of any gym listings, descriptions, or prices, any derivative use of any Services or its contents, any downloading, copying, or other use of account information for the benefit of any third party, or any use of data mining, robots, or similar data gathering and extraction tools.

You may only use these Services for lawful purposes and in accordance with these Terms of Use. As a condition of your use of these Services, you warrant to HeyGymbo that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use. Whether on behalf of yourself or on behalf of a third party, you may NOT do the following in connection with the Services and Content:

• Access and/or use any other person’s User Information (defined below) or account, unless you have their express permission to do so.
• Impersonate, imitate, or pretend to be someone else, by setting up different accounts or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Services.
• Reproduce, duplicate, adapt, translate, copy, sell, resell, rent, visit, create derivative works of, timeshare, loan, distribute, otherwise exploit, or otherwise utilize any Services or Content (including gym listings, descriptions, or prices), or any part thereof, for commercial purposes or for any purpose except those expressly authorized by these Terms of Use, without HeyGymbo’s express written consent.
• Except as provided in these Terms of Use, download, copy or transmit any Content for the benefit of any third party or for use with another service without HeyGymbo’s express written consent.
• Make available any User Materials (defined below) through or in connection with the Services that is or may be in violation of the User Material Guidelines (set out below).
• Make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
• Interfere with or disrupt the operation of the Services or the systems, networks, or servers used to make the Services available, including by hacking or defacing any portion of the Services; or violate any procedure, policy, or requirements of such servers or networks.
• Restrict or inhibit another person from using the Services.
• Reverse engineer, decompile, or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
• Remove or modify any copyright or other intellectual property notices that appear in the Services.
• Frame or mirror any portions of the Services, or otherwise incorporate or compile any portion of the Services into any product or service, unless you obtain HeyGymbo’s express written consent. Systematically download or store any materials except as expressly authorized by these Terms of Use. Use any robot, spider, site search/retrieval application or other manual or automatic devices to retrieve, index, “scrape,” “data mine” or otherwise gather any Content, or reproduce or circumvent the navigational structure or presentation of the Services, without HeyGymbo’s express prior written consent. Cause injury to any person or entity.
• Violate any law, rule, or regulation, or these Terms of Use.
• Make any commercial, advertising, promotional, or marketing use of the Services and/or Content, except as permitted by law or as expressly permitted in writing by HeyGymbo. Use the Services or HeyGymbo’s name, logo, or brand to send any unsolicited or unauthorized materials, including advertising, promotional materials, email, or other form of solicitation. Use any meta tags or other hidden text or metadata utilizing a HeyGymbo trademark, logo, URL, or product name without HeyGymbo’s express written consent. Harvest or collect personally identifiable information about other users of the Services.
• Attempt to do anything or permit, encourage, assist, or allow any third party to do anything prohibited by these Terms of Use.s

Account Creation

We may at times require you to register and/or set up an account or profile to access, visit, or use certain Services or components of the Services, in which case you may be required to create, or you will be provided with, a password and User ID, and you may be required to provide your name, telephone number(s), email address, street address, and other personally identifiable information (“User Information”). In addition, we may ask you to send us similar information via email, SMS, chat, and other technologies. All User Information submitted to HeyGymbo through whatever channel becomes and remains the property of HeyGymbo subject to applicable law. Consequently, we may use any User Information you submit for any purpose we deem appropriate in accordance with these Terms of Use. We maintain strict physical, technical, and administrative safeguards to protect your User Information from unauthorized or inappropriate access. You agree, warrant, represent, and guarantee that all User Information you submit to HeyGymbo is true, accurate, complete, and up to date. You may not impersonate or pretend to be someone else when registering and/or setting up an account/profile on the Services and/or conducting transactions. If any of your User Information changes, you must update it via the mechanisms provided. HeyGymbo reserves the right at any time, without notice, to remove or require a change to any password or User ID that has been provided to you or otherwise to change the access means or methods for portions of the Services. You are solely responsible for the following:

• Maintaining the confidentiality of your User ID, password, and User Information and
• All access, visitation, use of, and activity on your account/profile. You agree that we may, and you expressly authorize us to, process transactions and registrations for additional services initiated using your User Information. You may not sublicense, transfer, sell, rent, or assign your User ID, account/profile, or password to any third party without HeyGymbo’s written approval. If you suspect that your account/profile is no longer secure, you must immediately change your User ID and/or password, if available, and/or close the account/profile. HeyGymbo is not responsible for errors or negligent use of your account/profiles, including input errors, negligent handling or sharing of usernames or passwords, and leaving a computer unattended while accessing online account services.
  

User Material Guidelines

You are welcome to submit reviews, comments, and other communications, videos, photos, or other content via the Services or via any HeyGymbo-managed social media channels (e.g., X, Instagram, etc.) (“User Materials”). You acknowledge and agree that you are responsible for all User Materials you make available on any Services and/or in any HeyGymbo-managed social media channels. You represent and warrant that (1) you have the authority to grant the rights in such User Materials as set forth below and (2) such User Materials, and the use of such User Materials, shall not violate these Terms of Use. By submitting User Materials via the Services or via any HeyGymbo-managed social media channels, you grant to HeyGymbo a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, edit, translate, distribute, publish, perform, sublicense, distribute, sell, and display, in public or otherwise, any User Materials you make available, in any media or medium, in any form, format, or forum, and for any purpose, without compensation to you. For this reason, do not send any User Materials to us that you do not wish to license to us, including any confidential information. You also grant to HeyGymbo a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the User Materials. In addition, you grant HeyGymbo the right to include the name or other identifying label (e.g., handle) you provide along with the User Materials, with the understanding that HeyGymbo is under no obligation to attribute such User Materials to you. You waive any “moral rights” or other rights with respect to authorship or attribution or integrity of materials regarding User Materials that you may have under any applicable law or theory. You agree you will indemnify HeyGymbo for all claims relating from any User Materials you supply. HeyGymbo takes no responsibility and assumes no liability for any User Materials posted by you or a third party. You agree that you will not make User Materials available on the Services that:

• Are false or misleading;
• Violate any applicable laws;
• Would infringe upon any third party’s intellectual property rights or other rights (without the owner’s written consent); Are obscene, indecent, pornographic, violent, or otherwise objectionable;
• Are derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity (as determined by HeyGymbo, in its sole discretion); Harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other basis or characteristic recognized by applicable law; Contain advertisements, solicitations, or SPAM links to other websites or individuals, without HeyGymbo’s prior written permission; Contain or relate to chain letters or pyramid schemes;
• Impersonate another business, person or entity, including HeyGymbo, its related entities, employees, and agents;
• Violate any policy posted on the Services or on any third-party platform (e.g., social media platforms);
• or Are intended to cause harm, damage, disable, or otherwise interfere with the Services.

To provide all users of our Services with a positive experience, we may monitor activities on the Services to ensure compliance with these Terms of Use. By utilizing the Services, you agree to such monitoring. HeyGymbo shall have the right (but not the obligation) in our sole discretion to edit, move, delete, or refuse to make any User Materials available through the Services for any reason, including violations of these Terms of Use. Nonetheless, HeyGymbo does not represent, warrant or guarantee that it will monitor the Services for accuracy or unacceptable use or that it will take any specific action – or any action at all – in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of Use.

Accuracy of Website Information

HeyGymbo designed its Services to meet your gym membership needs by providing you with accurate and up-to-date information about HeyGymbo’s inventory and offerings across the country. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present, including, without limitation, incorrect information or statements relating to prices or features at particular gyms. HeyGymbo does not guarantee the accuracy of such information.

Corrections

If any information contained in this Terms of Use is inaccurate, we will gladly correct it. Note the incorrect information and the correction and email us on support@heygymbo.com. We reserve the right to verify the correctness of any information provided.

Unless otherwise stated or clear from context, references on the Services to any names, marks, products, or services of third parties, or links to third-party sites or information, are not any endorsement, sponsorship, or recommendation of the third party or its information, product or services. HeyGymbo assumes no responsibility for the content of these third-party websites, or any links on those third-party sites, including any third-party social media or mobile application platform with which the Services operate or otherwise interact, and HeyGymbo has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with UK law, or compliant with copyright or other intellectual property laws. Also, HeyGymbo assumes no responsibility for webcasting or any other form of transmission received from any linked website. You rely on the contents of a third-party website at your own risk and you assume all responsibilities and consequences resulting from such reliance. Other terms may apply to certain, software files contained within or distributed with the Services that are specifically identified in related documentation (“Third-Party Software”). Such Third-Party Software license terms shall apply to the corresponding Third-Party Software file in lieu of these Terms of Use. When you use the Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider, (collectively and individually, “Third-Party Services”), and you acknowledge that your use of those Third-Party Services may be subject to the separate policies and terms of use, including fees, of one or more third parties. Third-Party Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Third-Party Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of the Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you. Location data provided by any Third-Party Services is for basic navigational purposes only, may not be accurate, and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. You agree that any Third-Party Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the proprietary content, information or materials in any way whatsoever except for permitted use of the Third-Party Services.

Ownership and Proprietary Rights

You acknowledge and agree that the Services and all Content are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws and are the property of HeyGymbo or HeyGymbo’s third-party licensors. Except as expressly authorized by these Terms of Use, you may not make use of the Content and Services, and HeyGymbo reserves all rights to the Content and Services not granted expressly in these Terms of Use.

As a condition of use of the Services, you agree to indemnify HeyGymbo and its shareholders, officers, directors, employees, and agents against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including legal fees), and damages arising out of claims resulting from your use of the Services, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms of Use, any Content, or any User Materials submitted by you.

The following provisions apply to users of HeyGymbo’s Mobile Applications:

Users of iOS Applications

In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of the HeyGymbo Mobile Application compatible with the iOS operating system of Apple Inc. (“Apple”):

• HeyGymbo is solely responsible for the Mobile Application on your Apple device, and you may use the Mobile Application on your Apple device only as permitted by these Terms of Use and the Usage Rules set forth in Apple’s Media Store Terms and Conditions. Apple is not a party to these Terms of Use and does not own and is not responsible for any Mobile Application. Apple is not providing any warranty for the Mobile Application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Mobile Application and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Mobile Application, including any third-party product liability claims, claims that the Mobile Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. As between HeyGymbo and Apple Inc., to the extent that: (a) we are required to address any claims related to your or a third party’s use or possession of the Mobile Application on your Apple device, or any claims that the Mobile Application infringes a third-party’s intellectual property rights, HeyGymbo will be responsible for addressing, investigating, or defending the claim; and (b) we have not effectively disclaimed any warranties relating to the Mobile Application on your Apple device, we will be solely responsible for any product warranties or other claims, losses, liabilities, damages, costs or expenses if the Mobile Application fails to conform to any warranty. Any inquiries or complaints relating to the use of the Mobile Application, including those pertaining to intellectual property rights, must be directed to HeyGymbo in accordance with the “Contact Information” section.
• The license you have been granted in these Terms of Use is limited to a non-transferable license to use the Mobile Application on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s Media Store Terms and Conditions. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Mobile Application, such as your wireless data service agreement.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, HeyGymbo’s right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms of Use is not subject to the consent of any third party.

Mobile Service, Internet, and Service Fees

The use of the Mobile Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Mobile Application, including administrative messages, service announcements, diagnostic data reports, and application updates, from HeyGymbo, your mobile carrier or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider relating to your use of the Mobile Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Mobile Application, including payment of all third-party fees associated therewith. The Mobile Application may not work with all devices or all mobile carriers. HeyGymbo makes no representations that the Mobile Application will be compatible with or provided by all mobile carriers. If fees are charged for the Mobile Application, or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

Updates, Permissions, Notifications, and Information Received

In order to keep the Mobile Application up to date, we may offer automatic or manual updates at any time and without notice to you. If we elect to provide maintenance or support of any kind, we may terminate that maintenance or support at any time without notice to you. When you use the Mobile Application, you may grant certain permissions to us for your device, and you may select if and when you want to receive certain notifications through the Mobile Application. Most mobile devices provide you with information about those permissions and notifications. The Mobile Application will provide us with data about it and its interaction with the content you access using the Mobile Application and your use of it. Any information provided to us may be stored on servers in the UK. and is subject to these Terms of Use.

You understand and agree that these Terms of Use represent the entire agreement governing your use of the Services and that they supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and HeyGymbo. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. If your state of residence does not permit a limitation of liability for consequential or incidental damages or disclaimers of certain warranties as described in this agreement, then all or a portion of those sections may not apply to you. HeyGymbo’s failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit HeyGymbo’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the HeyGymbo website, Mobile Application, or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.