GymBud Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the GymBud platform, including any websites, mobile applications, software, and related services (collectively, the “Platform”).

The Platform is operated by Onboarding Solutions, Inc., a Delaware corporation (“GymBud,” “we,” “us,” or “our”).

By accessing or using the Platform, you agree to be legally bound by these Terms. If you do not agree, do not use the Platform.

1. Eligibility

The Platform is available only to individuals who are at least eighteen (18) years old.

By using GymBud, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into a binding agreement
• You are using the Platform for lawful purposes only

GymBud does not permit use by minors under any circumstances.

2. Overview of the Platform

GymBud is a technology marketplace and software platform that enables:

• Individuals (“Clients”) to discover, purchase, and participate in fitness training services
• Independent fitness professionals (“Coaches”) to offer fitness services, manage clients, deliver training programs, and receive payments

GymBud is not a fitness provider, medical provider, or training authority.

GymBud does not provide fitness instruction, personal training, medical advice, diagnosis, or treatment.

3. No Medical or Health Advice

The Platform does not provide medical advice.

All workouts, programs, recommendations, messages, metrics, analytics, or other content available through GymBud are provided for informational and educational purposes only.

You acknowledge and agree that:

• Fitness training involves inherent risks, including injury or death
• You should consult a licensed medical professional before beginning any exercise program
• You are solely responsible for determining whether any activity is appropriate for your health and physical condition

4. Role of GymBud

GymBud acts solely as a neutral technology platform.

GymBud:

• Does not verify Coach credentials, certifications, licenses, or experience
• Does not supervise or control fitness services
• Is not a party to any agreement between Clients and Coaches
• Does not guarantee safety, results, outcomes, or satisfaction

All fitness services offered through the Platform are provided entirely by Coaches, not by GymBud.

5. Coach Status – Independent Contractors

All Coaches operate as independent contractors, not employees, agents, partners, or representatives of GymBud.

Each Coach is solely responsible for:

• Truthful representation of qualifications and credentials
• Compliance with all applicable laws and regulations
• Safety and suitability of training programs
• Client communications, refunds, cancellations, and disputes
• Payment of all applicable taxes on earnings

GymBud does not employ, insure, supervise, or control Coaches.

6. Client Responsibilities & Assumption of Risk

By using the Platform, Clients acknowledge and agree that:

• Participation in fitness training carries inherent risks
• GymBud is not responsible for injuries, damages, or losses
• You must stop any activity that causes pain, dizziness, or injury
• You are solely responsible for selecting and evaluating Coaches

All fitness activities are undertaken at your own risk.

7. Marketplace Relationship

Any agreement for fitness services exists exclusively between the Client and the Coach.

GymBud:

• Does not set service terms
• Does not enforce service agreements
• Does not guarantee availability, responsiveness, or quality
• Is not responsible for disputes between Clients and Coaches

GymBud may, at its discretion, facilitate communication but assumes no liability for outcomes.

8. Payments & Stripe Connect

GymBud uses Stripe Connect to facilitate payments.

You acknowledge and agree that:

• Coaches are the merchant of record
• Payments are processed by Stripe, not GymBud
• GymBud does not hold or control client funds
• Refunds, chargebacks, disputes, failed payments, and tax obligations are the responsibility of the Coach, Stripe, or the Client's financial institution

GymBud bears no financial liability for transactions.

9. Subscriptions & One-Time Purchases

Clients may purchase ongoing subscriptions, one-time sessions, or ad-hoc/bundled fitness services.

Pricing, cancellation terms, and refund policies are determined by Coaches, not GymBud.

GymBud does not guarantee uninterrupted access, outcomes, or compatibility.

10. Content & Intellectual Property

Coach Content: Coaches retain ownership of content they create. By uploading content, Coaches grant GymBud a non-exclusive, worldwide, royalty-free license to host, display, and distribute content solely to operate the Platform.

Client License: Clients receive a limited, non-transferable, non-commercial license to use purchased content for personal use only.

Platform IP: GymBud retains all rights to the Platform, software, trademarks, designs, and aggregated anonymized data.

11. Acceptable Use

You agree not to:

• Misrepresent identity or credentials
• Use the Platform for illegal purposes
• Harass or exploit others
• Scrape, reverse engineer, or misuse data

GymBud may investigate and enforce violations at its discretion.

12. Suspension & Termination

GymBud may suspend or terminate access at any time, with or without notice, including for safety concerns, fraud, legal risk, or platform misuse.

Termination does not create liability for GymBud.

13. Disclaimer of Warranties

The Platform is provided “as is” and “as available.”

GymBud disclaims all warranties, including accuracy of content, fitness for a particular purpose, availability or uptime, and results or outcomes.

14. Limitation of Liability

To the maximum extent permitted by law, GymBud shall not be liable for personal injury or death, loss of income or profits, emotional distress, or indirect, incidental, or consequential damages.

GymBud's total liability shall not exceed the platform fees paid to GymBud in the preceding twelve (12) months.

15. Indemnification

You agree to indemnify and hold harmless GymBud from claims arising from your use of the Platform, fitness activities, misrepresentation of qualifications, or violations of law or these Terms.

16. Arbitration & Class Action Waiver

All disputes shall be resolved by binding arbitration, administered under applicable arbitration rules.

You waive the right to a jury trial and the right to participate in class or collective actions.

Arbitration shall take place in the State of Delaware, unless otherwise required by law.

17. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

18. Changes to These Terms

GymBud may update these Terms at any time. Continued use of the Platform constitutes acceptance of the updated Terms.

19. Contact

For legal inquiries, contact GymBud through the Platform.