Terms of Service

These Terms and Conditions (the "Terms") are a binding agreement between you and Ondaform Labs LLC, a limited liability company organized under the laws of the State of Wyoming, USA ("Ondaform", "we", "us"), and govern your access to and use of Gojan's website, applications, and services (the "Service"). By creating an account or using the Service, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility and acceptance

You must be at least 18 years old (or the age of majority in your country, whichever is greater) to use the Service. The Service is not directed to anyone under 18. By creating an account you represent that you are 18 or older. If we detect that a user is under 18, we will close the account. We record your acceptance of these Terms together with the accepted version and the date and time (timestamp) of consent, as evidence of acceptance.

2. The Service

Gojan is a personal trainer assisted by artificial intelligence. It includes:

• an AI coach you chat with, which builds and adjusts your routines based on your goals, equipment and limitations;
• your training log (sets, sessions, records, gym visits) and, if you connect them, reading Apple Health or Health Connect;
• Connect, the social features: friends, a feed with your friends' sessions, photos, reactions and copying routines;
• a catalog of trainers you can link with, and review by a certified trainer of the routines of anyone whose readiness questionnaire calls for extra care.

Today the Service is free: we charge nothing inside the app. If we ever add paid features, we will tell you the price and conditions beforehand, and they will apply only if you accept them. The Service may change, add, or remove features.

3. Health notice and AI-generated content

• General guidance, not medical treatment. Gojan provides general fitness information and routines aimed at healthy individuals; it does not diagnose, treat, or manage pathologies, injuries, or health conditions, and it does not replace the advice of a physician, physical therapist, or other health professional. Consult a professional before beginning any exercise program, especially if you have health conditions, injuries, or are pregnant.
• When we refer you. A known, stable injury or condition, or mild discomfort, is something the coach takes into account when choosing your exercises, without diagnosing or treating it. If you tell the coach in chat about an acute injury that hasn't been assessed, a warning symptom, or a medical question, the coach does not address it and recommends that you see a health professional. If your readiness questionnaire answers call for extra care, your routine stays under review until a trainer looks at it. Generated routines assume a state of health fit for physical activity.
• No guarantee of results. You use the routines at your own responsibility, and results are not guaranteed.
• AI-generated content. Coach routines and responses are generated automatically by Anthropic's AI models and may contain errors. Use your judgment, stop any exercise that causes pain or discomfort, and consult a professional if discomfort persists.

4. Informed consent and assumption of risk

By using the Service and the routines it generates, you declare and acknowledge, on your own behalf, that:

• (a) You understand that all physical activity carries inherent risks —including muscle, joint, or bone injuries and, in exceptional cases, cardiovascular events— that neither the Service nor anyone can fully eliminate.
• (b) Your state of health is fit for the physical activity you will undertake, and the health information you declared in the Service is truthful, complete, and current.
• (c) You commit to consulting a health professional before starting —especially if you have or develop a medical condition, injury, or symptom, or if you are pregnant— and to follow their instructions over any routine from the Service.
• (d) You understand that the routines are general guidance, generated by AI for healthy individuals, and that it is you who decides, adjusts, or interrupts each exercise based on your own judgment and how you feel.
• (e) You voluntarily assume the risks inherent in the physical exercise you choose to perform based on that general guidance.

This section reflects your own declaration and informed decision. It does not limit or exclude any liability the law places on us, nor any right the law grants you as a consumer.

5. Health data (Law 25.326)

To personalize your experience, your training profile may include health or wellness information you declare (for example, physical limitations, injuries, or conditions) and, if you connect them, Apple Health or Health Connect data. To the extent such information constitutes sensitive data under Argentina's Personal Data Protection Law 25.326, we process it only with the consent you give by turning on «Usar mis datos de salud» (Use my health data), a separate and optional permission, and only for the specific purpose of generating and adapting your training guidance and operating the Service. We share it only as the Privacy Policy says, which forms part of these Terms: with the AI provider (Anthropic) if you also turned on «Usar Gojan AI» (Use Gojan AI), with the trainers you link with, with the certified trainer who reviews your routine when that applies, and with the providers that host the Service. You may withdraw your consent at any time by turning it off in Perfil → Privacidad → Tu salud y Gojan AI (Profile → Privacy → Your health and Gojan AI), by writing to team@gojan.app or by deleting your account; without that data, your routines are built without taking it into account.

6. Account

You must provide accurate information and keep your credentials confidential. You are responsible for all activity on your account. Notify us immediately at team@gojan.app of any unauthorized use. You can delete your account at any time from the app or from gojan.app/en/delete-account.

7. Acceptable use

You agree not to: (a) violate the law or third-party rights; (b) copy, modify, decompile, reverse engineer, or create derivative works of the Service except as permitted by law; (c) resell, sublicense, or commercially exploit the Service without authorization; (d) introduce malware, scrape data without authorization, or interfere with the security, integrity, or operation of the Service; (e) use the Service or its content to train third-party models; or (f) use the Service to harass, harm, or infringe upon others.

7A. Content and conduct in Connect

Zero tolerance. Gojan has no tolerance for objectionable content or abusive users. You may not post in Connect (photos, profiles, reactions, shared routines or messages) content that is sexual, violent, discriminatory, hateful, illegal, or that harasses other people. You can block any user and report content or people from the app; we review every report within 24 hours, remove content that breaches these Terms, and may suspend or close, without prior notice, the account of whoever posted it.

8. Trainers

• They are independent professionals. Trainers in the catalog are not Ondaform's employees or representatives. Each trainer is responsible for their guidance, for the accuracy of their credentials, and for complying with the rules of their profession.
• We verify, but do not guarantee. We review the certificates trainers upload (with the help of AI), but we do not guarantee their training, suitability, or results.
• What you agree with a trainer is between you. The prices a trainer publishes are theirs, and payments and agreements between you and them happen outside Gojan: we do not process those payments and are not a party to those agreements.
• If you are a trainer, you also agree to use your students' data only to train them, not to share it outside the Service, not to prescribe medical treatment, and to keep your profile and credentials up to date.

9. Intellectual property

The Service —software, the "Gojan" name and marks, logos, designs, texts, content, and generated routines— is owned by Ondaform Labs LLC or its licensors and is protected by intellectual property laws. We grant you a limited, personal, revocable, non-exclusive, and non-transferable license to use the Service in accordance with these Terms. Your content remains yours; you grant us a worldwide, royalty-free license to host, process, and use it to operate, secure, and improve the Service. If you send us feedback, we may use it with no obligation to you.

10. Third-party services and app stores

• The Service uses third-party services (among them Supabase, Anthropic, Google and Apple; the full list is in the Privacy Policy) and is distributed through Apple's App Store and Google Play. Use of those services and stores is subject to their own terms. We are not responsible for third-party services.
• YouTube. Exercise videos are shown using YouTube API Services. By watching them you agree to the YouTube Terms of Service.
• If you downloaded the app from Apple's App Store: these Terms are between you and Ondaform, not Apple. Apple is not responsible for the Service or its content, has no obligation to provide maintenance or support, and is not responsible for claims about the Service (including product liability, legal or regulatory non-compliance, or third-party intellectual property claims), which are ours to the extent the law sets. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not in a country subject to a U.S. embargo and are not on any U.S. list of restricted parties.

11. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a purpose, non-infringement, accuracy, or that it will be uninterrupted, secure, or error-free.

12. Limitation of liability

To the maximum extent permitted by law, Ondaform and its members, officers, and suppliers will not be liable for indirect, incidental, special, consequential, or punitive damages, nor for loss of profits, data, or reputation.

Rights that cannot be limited. Nothing in these Terms limits, excludes, or waives liabilities or obligations that cannot be limited or excluded under applicable law. In particular, if you are a consumer, these limitations do not affect the mandatory rights granted to you by the consumer protection laws of your country of residence (including, for consumers in Argentina, Law 24.240), which prevail over any contrary provision of these Terms.

13. Indemnity

You agree to hold Ondaform Labs LLC and its members, officers, and suppliers harmless from claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your misuse of the Service, the content you post, your breach of these Terms or the law, or your infringement of third-party rights.

14. Suspension and termination

We may suspend or close your account if you breach these Terms or for legal or security reasons. You may stop using the Service and delete your account at any time. Clauses that by their nature should survive will survive termination.

15. Dispute resolution and governing law

• Talk to us first. Before starting any claim, write to team@gojan.app; we resolve most cases quickly and informally.
• Governing law. These Terms and any dispute are governed by the laws of the State of Wyoming, USA, without applying its conflict-of-law rules, and you accept the jurisdiction of the courts of Wyoming — except that this does not deprive you, as a consumer, of the protection of the mandatory consumer protection rules of your country of residence.
• Consumers in Argentina and other countries. If you are a consumer, you retain your own forum and the law of your country of residence where its rules are mandatory. For consumers in Argentina, disputes may be brought before the courts and under the Argentine law applicable pursuant to articles 2654 and 2655 of the Civil and Commercial Code, whose jurisdiction and law cannot be waived to your detriment. The individual arbitration and class-action waiver in the following subsection do NOT apply to Argentine consumers or to any consumer whose mandatory law prohibits them.
• Individual arbitration and class-action waiver (US users only). If you are a user located in the United States, you and Ondaform agree to resolve any dispute not resolved informally through binding individual arbitration, administered under the rules of a recognized arbitration administrator, instead of in court, except claims that may be brought in small-claims court. You waive the right to participate in class, collective, or representative actions and to a jury trial with respect to such disputes. You may opt out of this arbitration clause by notifying team@gojan.app within 30 days of your first acceptance of these Terms. This subsection is governed by the Federal Arbitration Act and does not apply to consumers outside the US where their mandatory law prohibits it.

16. Changes to the Terms

We may update these Terms; we will post the current version with its date and, for material changes, make reasonable efforts to notify you. Continued use implies acceptance.

17. General

These Terms, together with the Privacy Policy, are the entire agreement regarding the Service. If any clause is unenforceable, the rest remains in effect (severability). Our failure to enforce a clause does not imply a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in a merger or sale. We are not liable for events beyond our reasonable control (force majeure). You agree to receive communications by electronic means.

18. Contact

Ondaform Labs LLC — 30 N Gould St, Ste N, Sheridan, WY 82801, USA — team@gojan.app · gojan.app