Terms and Conditions of Service – GYMPULSED

1. Interpretation and definitions

Capitalized words have the meanings set out below, whether used in the singular or plural.

• Service — the GYMPULSED Progressive Web Application, the native mobile app where available, and related features (account, challenges, check-ins, payments, subscription).
• Provider — STIRBAT IT ENTERPRISES SRL, registered office at BLD. UNIRII NR.57 CAMERA 1 BL.A1 ET.5 AP.17, Focsani, Vrancea, Romania ("we", "us", "our").
• User — the individual accessing the Service ("you", "your").
• Challenge — a fitness accountability commitment between two linked Users (Partners), with gym attendance goals, duration, and rules shown in the interface before confirmation.
• Partner — the other User you are linked with through an accepted invite in the Service.
• Deposit — the amount you authorize through Stripe to cover the maximum financial commitment for a real-money Challenge (Pro mode); it is not an upfront payment to the Provider as a fee for the Service itself.
• Payout setup — configuration of a connected account through Stripe Connect that allows you to receive transfers after Challenge settlement.
• Check-in — verified registration of a gym session by the User according to the Service's technical rules.
• Settlement — calculation of the economic outcome of a Challenge at the end of the period, based on recorded check-ins and rules accepted before activation.
• Stripe — Stripe Technology Europe Ltd or other Stripe group entities that process payments and Connect onboarding on behalf of the Provider.
• Subscription — recurring billing for Pro platform features (Stripe on the web or in-app purchase on iOS where applicable), separate from Challenge Deposits.

2. Acceptance and communications

Using the Service means you accept these Terms and the Privacy Policy in full. The Service is for consumers aged 18 or over only. If you do not accept the Terms, do not use the Service.

By creating an account you consent to transactional communications (e.g. challenge outcomes, Deposit status, settlement confirmations, account security) by email and, where enabled, push notifications. These are required to provide the Service. Promotional messages can be turned off via in-app settings or unsubscribe instructions.

3. Nature of the Service — accountability, not gambling

GYMPULSED is a fitness accountability platform based on personal commitment and objective verification of gym check-ins. It is not a betting, lottery, gambling, or chance-based prize service.

The outcome of a Challenge with a financial commitment depends on what you and your Partner actually did (sessions completed or missed according to rules shown in the app), not on draws, lotteries, or random events.

Risk warning: in a real-money Challenge you may lose the full authorized Deposit if you do not meet your goals. Do not start Challenges with money you cannot afford to lose. There is no guarantee you will receive transfers from your Partner.

You are responsible for ensuring that participation in Challenges with financial commitments is lawful in your jurisdiction.

4. Eligibility, age, and verification

You must be at least 18 and have legal capacity to enter binding contracts. The Provider may request identity verification or additional information through Stripe or other vendors before enabling payouts or transfers, where required by applicable law.

The Service is primarily intended for Users resident in Italy. We may restrict access in other regions at any time.

5. Challenges, Partners, and Lite / Pro modes

5.1 Partner linking

To create a Challenge you must invite a Partner and wait for the invite to be accepted. A linked pair may have at most one ongoing Challenge at a time, unless the app states otherwise.

5.2 Lite mode (no real money)

In Lite mode the Challenge is for tracking goals and check-ins without Deposit authorization or monetary settlement. Operational rules are those shown in the interface.

5.3 Pro mode (financial commitment)

In Pro mode both Partners authorize a Deposit through Stripe before the Challenge becomes active. Amounts, session count, duration, commitment per missed session, and settlement formula are always shown before confirmation. By authorizing the Deposit you agree to follow the Challenge rules and acknowledge that the Service's check-in records determine Settlement.

5.4 Honesty and fair play

You agree to compete fairly using only real physical activity and compliant check-ins. Prohibited conduct includes, without limitation: location spoofing (VPN, mock location, GPS emulators), check-ins on behalf of others, coordinated multiple accounts, compromised devices used to bypass controls, and any fraudulent or abusive behavior.

6. Check-ins and geolocation

Check-in requires an explicit action by the User and is accepted only if the location detected at the time of the request falls within the radius associated with the selected gym, according to parameters shown in the app.

Data processed by the Provider's systems is the operational basis for Settlement, to the extent permitted by applicable law. The Provider is not liable for inability to check in due to the device, poor or missing GPS signal, power-saving settings, lack of network, or failure to act by the User.

Appeals based on alternative sources (screenshots, manual logs, other apps) are not accepted when they conflict with verified Service records. For documented failures attributable to the Provider's systems, contact support; outcomes are assessed case by case.

The Provider may void check-ins deemed fraudulent after technical review and apply consequences under these Terms.

7. Deposit, settlement, and payouts

7.1 Deposit authorization

When activating a Pro Challenge, each Partner authorizes Stripe to charge the payment method indicated up to the maximum amount shown (typically commitment per missed session multiplied by sessions in the cycle, or an equivalent formula shown in the app). Strong customer authentication (SCA) may apply. If authorization fails, the Challenge does not activate or remains pending according to implemented logic.

7.2 Settlement at end of Challenge

At the end of the period the Service calculates the outcome from check-ins and accepted rules. Indicatively:

• if both meet their targets, typically no transfer is due between Partners and each keeps their Deposit;
• if one or both miss sessions, Settlement applies penalties and transfers per rules shown before activation;
• any Provider, Stripe, or third-party fees are shown or deducted as displayed in the app or payment documentation before confirmation.

Exact amounts, formulas, and labels shown in the app prevail over this general description.

7.3 Payout setup (Stripe Connect)

To receive transfers in your favor you must complete payout setup via Stripe Connect (Stripe-hosted onboarding). If you do not complete setup within timelines shown in the app, due transfers may remain pending until completion or be handled per applicable technical and legal rules.

Transfers to your linked bank account may take several business days depending on Stripe and your bank. You are responsible for keeping bank details accurate.

7.4 Refunds and cancellations

Once a Pro Challenge has started, the authorized Deposit is not refundable because you chose not to complete the Challenge or failed to meet goals, except where required by law or in exceptional Provider cancellation for causes attributable to the Service.

If a Challenge is cancelled before activation due to missing authorizations or Provider decision, uncaptured amounts may be released per Stripe rules.

7.5 Chargebacks and payment disputes

Initiating a chargeback or payment dispute may result in account suspension, loss of access, and recovery actions within legal limits. Contact gympulsed@stirbatitenterprises.com first for legitimate Service disputes.

8. Platform subscription

Some features (including creating real-money Pro Challenges on certain platforms) require an active Subscription. The Subscription is separate from Challenge Deposits: it does not replace Deposit authorization and does not guarantee favorable Challenge outcomes.

On the web the Subscription may be managed through Stripe; on the iOS app it may be managed through Apple In-App Purchase, per Apple's terms and purchase screens. Renewals, cancellations, and Subscription refunds follow the applicable purchase channel.

9. Health and no professional advice

The Service does not provide medical, nutritional, or sports coaching advice. Consult a healthcare professional before starting or increasing physical activity, especially with pre-existing conditions.

You participate in activities and Challenges at your own risk. The Provider is not liable for injuries or health harm from training or inappropriate goals.

10. Anti-abuse, suspension, and multiple accounts

Only one account per person is allowed. The Provider may suspend or close accounts, void check-ins or Challenge outcomes, withhold or revoke pending transfers, and refuse new registrations for Terms violations, fraud, chargebacks, failure to complete verification when requested, or unlawful use of the Service.

Provider decisions on anti-abuse and fair play are final for operating the Service, except where mandatory consumer law provides otherwise.

11. Disputes about results

If you believe there is an error in Settlement or check-ins, contact support within 7 days of the Challenge end date shown in the app, including the Challenge identifier. Late requests may not be considered.

12. Stripe and third-party services

Payments, Deposit authorization, and payout setup are processed by Stripe under Stripe's terms and privacy policy. The Provider does not store full card data on its servers. The Provider is not a bank or financial institution; amounts pending Settlement or transfer are handled under these Terms and Stripe rules.

The Service may integrate other providers (hosting, maps, analytics, push notifications, app stores). Use of those services may be subject to their additional terms.

13. Intellectual property

Trademarks, software, text, and graphics remain owned by the Provider or licensors. You receive a limited, non-exclusive, non-transferable license to use the Service under these Terms.

14. Account, deletion, and data

You are responsible for safeguarding credentials. You may request account closure via in-app functions or by contacting support.

If you delete your account during an active Challenge or while Settlement is pending, you may forfeit financial commitment per Challenge rules, deletion may be delayed until pending transfers complete, and data may be retained for legal, tax, or anti-fraud obligations as described in the Privacy Policy.

15. Service availability

The Service is provided "as is" and "as available." Outages, maintenance, network errors, or third-party unavailability (including Stripe, Apple, Google, carriers) may delay check-ins, Settlement, or transfers. For material impact on a Challenge, your exclusive remedy may be, at the Provider's discretion, extending the Challenge, releasing unused authorizations, or settling on best-available data.

16. Limitation of liability

To the maximum extent permitted by mandatory consumer law, the Provider is not liable for indirect damages, data loss, lost profits, or harm from inability to check in due to the User's device or network, except where law does not allow such limits.

Nothing in these Terms limits non-waivable rights granted to consumers under European Union or Italian law.

17. Changes to these Terms

We may update these Terms. Material changes will be communicated reasonably (in-app notice or email). Continued use after effective date may constitute acceptance, within limits of applicable consumer law. If you do not accept, stop using the Service.

18. Governing law and dispute resolution

For consumers resident in the European Union, mandatory provisions of the law of your country of residence apply where required by consumer protection rules.

19. Contact

Support and Terms inquiries: gympulsed@stirbatitenterprises.com

Privacy / data controller: gympulsed@stirbatitenterprises.com

Registered office: BLD. UNIRII NR.57 CAMERA 1 BL.A1 ET.5 AP.17, Focsani, Vrancea, Romania

© 2026 STIRBAT IT ENTERPRISES SRL. All rights reserved.