Operator
The GymSys platform is developed, maintained, and operated by RPM Technologies s.r.o., a limited-liability company incorporated under Slovak law, with its registered seat at Bidovce 316, Slovak Republic.
Business identification number (IČO): [IČO — owner to supply]. Tax identification number (DIČ): [DIČ — owner to supply]. The company is registered in the Commercial Register maintained by [relevant District Court, e.g. Okresný súd Košice I, Section Sro, Insert No.].
For all contractual correspondence and support enquiries, please contact us at legal@gymatic.eu. The GymSys service is accessible at gymatic.eu.
Contract Subject
These Terms govern the provision of the GymSys digital platform, comprising the GymSys Member mobile application, the GymSys web account portal, and associated account, identity, and notification services (collectively, the "Service" or "Platform").
The Service enables members to manage their gym account, present a digital access credential (QR code), store membership information, purchase tickets or session passes offered by a gym, and communicate with their gym through the Platform.
These Terms do not constitute, and RPM Technologies s.r.o. is not a party to, any gym membership contract or any agreement for physical access to gym premises. The terms governing your use of a gym's physical facilities — including entry rights, class bookings, rules of conduct, safety, hygiene, equipment, and any related fees — are arranged exclusively between you and the individual gym operator. RPM Technologies s.r.o. acts solely as the software platform provider and has no control over, and accepts no responsibility for, any obligations arising from your relationship with a gym.
Account Creation & Age
To use the GymSys Platform, you must create a personal member account. You agree to provide accurate, complete, and current information during registration and to keep that information up to date throughout the term of your account.
Minimum age. The Service is available to natural persons who are at least 16 years of age at the time of registration. Individuals below the age of 16 may only register where a parent or legal guardian has provided verified parental consent in the manner implemented at the enrollment step. RPM Technologies s.r.o. reserves the right to suspend or delete any account where we have reasonable grounds to believe the age or consent requirements have not been met.
Each person may hold only one GymSys account. Accounts are personal and non-transferable. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at support@gymatic.eu if you suspect any unauthorised access to or use of your account.
Acceptable Software Use
You agree to use the GymSys Platform only for its intended purpose and in compliance with these Terms and all applicable laws. Without limiting the generality of the foregoing, you must not:
- Impersonate another person. You may not create an account using another person's name, email address, or identity, or otherwise misrepresent your identity to the Platform or to any gym.
- Share your access credentials. Your personal QR access code, account password, and session tokens are issued solely for your individual use. Sharing, transferring, or making these available to any other person — including for the purpose of allowing another individual to gain gym entry — is strictly prohibited.
- Spoof or manipulate biometric data. You must not submit, upload, or present any artificial, manipulated, or third-party face image or face embedding to the Platform or to any connected access device. This includes the use of masks, printed photographs, video playback, deepfake imagery, or any other method intended to defeat liveness detection or face verification.
- Conduct automated scraping or data extraction. You may not use bots, spiders, crawlers, scripts, or any automated means to access, extract, or copy data from the Platform without the prior written consent of RPM Technologies s.r.o.
- Reverse-engineer the Platform. You may not decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or protocols of the GymSys applications or backend services, except to the extent expressly permitted by applicable mandatory law.
- Register multiple accounts. Each natural person is entitled to one GymSys account. Creating duplicate or additional accounts is prohibited. Accounts held in violation of this rule are subject to immediate suspension.
- Interfere with the Platform. You may not attempt to introduce malware, conduct denial-of-service attacks, exploit vulnerabilities, intercept communications, or otherwise interfere with the operation of the Platform or its infrastructure.
Breach of any of the above rules constitutes a material breach of these Terms and may result in immediate suspension or termination of your account, and may be referred to the relevant law-enforcement authorities.
Data We Store About You
In order to provide the Service, RPM Technologies s.r.o. collects and stores the following categories of personal data about you:
- Identification data: full name, email address, phone number, date of birth, and optionally gender and a profile photograph.
- Authentication data: a securely hashed representation of your password (Argon2id), one-time verification codes used during email verification and password-reset flows, and short-lived session tokens.
- Membership state: the gym(s) you have joined through the Platform, your active membership plan, ticket or session-pass purchases, visit history, schedule bookings, and wallet balance.
- Biometric data — face vectors: with your separate, explicit consent, numeric face embedding vectors (512-dimensional ArcFace representations) derived from photographs you submit at enrollment. These embeddings are used exclusively to verify your identity at your gym's access devices. Collection and storage of biometric data is subject to the additional terms and consents presented during the enrollment process.
- Device and technical telemetry: device model, operating system version, app version, IP address, language setting, push-notification token, and crash or diagnostic reports.
The full details of how we collect, use, share, and protect your personal data — including your rights under the GDPR and Slovak Act No. 18/2018 Coll. — are set out in our Privacy Policy, which forms an integral part of our relationship with you.
You may request a machine-readable export of the personal data we hold about you, or request the deletion of your account and all associated data, at any time through the app (Settings → Privacy) or by contacting us at privacy@gymatic.eu.
Right of Withdrawal
As a consumer contracting with RPM Technologies s.r.o. for the provision of a digital service (the GymSys Platform account), you have the right to withdraw from this contract without giving any reason within 14 calendar days from the date on which you completed account registration, in accordance with§ 7 of Slovak Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services on the Basis of Distance Contracts or Contracts Concluded Outside Business Premises, as amended.
To exercise your right of withdrawal, you must notify RPM Technologies s.r.o. of your decision by means of a clear written statement (e.g. an email sent to legal@gymatic.eu) before the 14-day period expires. You may also use your account's deletion function in the app, which constitutes equivalent notice. Upon valid withdrawal, we will delete your account and cease processing your personal data in accordance with our Privacy Policy.
Important limitation. This right of withdrawal applies only to the contract with RPM Technologies s.r.o. for the GymSys Platform account. It does not apply to any gym membership, ticket, or other service you have purchased directly from a gym. Any withdrawal or cancellation rights you may have in respect of those purchases are governed by the terms of the gym concerned, and any refund claims must be directed to the gym.
If you have requested that the Service begins immediately upon account creation (by ticking the relevant box during registration), and you then withdraw within the 14-day period, you acknowledge that the Service will have been partially performed and you may be required to pay for the proportion of the service actually delivered up to the date of withdrawal, to the extent permitted by applicable law.
Account Termination
Termination by you. You may delete your GymSys account at any time, free of charge, by navigating to Settings → Delete account in the app, or by submitting a deletion request to support@gymatic.eu. Upon deletion, your personal data — including face embeddings — will be erased within the timeframes described in our Privacy Policy. Account deletion does not affect any obligations that arose prior to deletion (for example, outstanding payment disputes with a gym).
Termination by RPM Technologies s.r.o. We may suspend or terminate your account, with 30 days' prior written notice to your registered email address, if:
- we have reasonable grounds to believe you have committed fraud or have used the Platform to facilitate fraud against a gym or another member;
- you have materially breached the Acceptable Use obligations set out in Section 4 of these Terms, in particular any breach involving impersonation, sharing of access credentials, or circumvention of access controls;
- your account or activity poses a security risk to the Platform or to other users, including conduct constituting or resembling a cyberattack or exploitation of vulnerabilities; or
- we are required to do so by applicable law or by a binding order from a competent authority.
In cases of serious or ongoing harm to the Platform or to other users, we reserve the right to suspend access immediately, with notice provided as soon as is reasonably practicable thereafter, and to proceed with termination following the 30-day period.
We may also discontinue the GymSys Platform entirely, in which case we will provide at least 60 days' notice to all active members before ceasing service.
Limitation of Liability
Scope of these limitations. To the fullest extent permitted by applicable law — including the mandatory consumer protection provisions of Slovak law and EU law applicable to you — the liability of RPM Technologies s.r.o. arising from or in connection with these Terms and the Service is subject to the following limitations.
Liability cap. The total aggregate liability of RPM Technologies s.r.o. to you for any and all claims arising out of or in connection with these Terms shall not exceed the lower of: (a) €100 (one hundred euros); or (b) the total platform service fees actually paid by you to RPM Technologies s.r.o. during the 12 months immediately preceding the event giving rise to the claim. (Note: this monetary cap is a draft default figure and should be reviewed by legal counsel before the Terms are published.)
Exclusion — gym-related matters. RPM Technologies s.r.o. is not a party to any gym membership contract and expressly accepts no liability whatsoever for any loss, damage, injury, or claim arising from or relating to: your physical attendance at a gym; the condition or safety of gym premises, equipment, or facilities; any act or omission of gym staff; the hygiene or cleanliness of gym premises; the refusal or revocation of physical access by a gym; refund or billing disputes concerning gym membership or classes; or any personal injury sustained on gym premises. All such matters are governed solely by the terms agreed between you and the relevant gym.
Exclusion of indirect losses. To the extent permitted by law, RPM Technologies s.r.o. shall not be liable for any indirect, incidental, special, punitive, or consequential losses, including loss of profit, loss of data, or loss of opportunity, arising from use of the Platform.
Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable mandatory law.
Service Availability
RPM Technologies s.r.o. operates the GymSys Platform on a best-effort basis and aims to maintain high availability. However, we make no warranty or guarantee of uninterrupted availability, and we do not offer a service-level agreement (SLA) to individual members.
The Platform may be temporarily unavailable due to scheduled maintenance, unplanned outages, third-party infrastructure failures (including our cloud database provider, hosting provider, or payment processors), or causes outside our reasonable control. We will endeavour to restore service as promptly as possible and to communicate planned maintenance windows in advance where feasible.
Temporary unavailability of the Platform does not affect any gym access arrangements made directly with your gym, and RPM Technologies s.r.o. shall not be liable for any loss of gym access resulting from a Platform outage.
Governing Law
These Terms and any non-contractual obligations arising out of or in connection with them are governed by and construed in accordance with the laws of the Slovak Republic, without regard to its conflict-of-laws provisions.
Any dispute arising out of or in connection with these Terms that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the competent courts of the Slovak Republic.
EU consumer rights preserved. If you are a consumer habitually resident in another EU member state, the choice of Slovak law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of your country of habitual residence. Your mandatory consumer rights under the law of your country of habitual residence remain unaffected.
If you are an EU consumer, you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr to seek resolution of contractual disputes arising from online services. Our email address for ODR purposes is legal@gymatic.eu.
Privacy Policy
Your use of the GymSys Platform involves the collection and processing of personal data, including — where you have given consent — biometric face data. The way in which RPM Technologies s.r.o. collects, stores, uses, shares, and safeguards that data is described in full in our Privacy Policy, which is incorporated into these Terms by reference.
By accepting these Terms you confirm that you have read and understood the Privacy Policy. The Privacy Policy sets out, among other things: the legal bases on which we process your data; your rights of access, rectification, erasure, restriction, and portability under the GDPR and Slovak Act No. 18/2018 Coll.; and how to exercise those rights or lodge a complaint with the Slovak Data Protection Authority (Úrad na ochranu osobných údajov Slovenskej republiky, ÚOOÚ SR, www.uoou.sk).
Material updates to these Terms or the Privacy Policy will be communicated to you via the app and by email at least 30 days before they take effect. Continued use of the Service after the effective date of a material update constitutes acceptance of the revised Terms. If you do not accept a material update, you have the right to terminate your account before the updated Terms come into force.