Terms of Use

1. Parties, Subject and Scope

These Terms of Use (the "Terms") are entered into between Charqe Bilişim Teknolojileri Sanayi Ticaret Limited Şirketi ("Charqe", the "Company" or "we") and the natural person who downloads, registers for or uses the GymA mobile application (the "App") (the "User" or "you"), in order to govern the terms of use of the App and related services.

By downloading the App, creating an account or continuing to use the App, you declare that you have read and understood these Terms, the Community Guidelines, the Privacy Policy and the KVKK Information Notice, and that you agree to be bound by their provisions. These documents form an integral part of these Terms.

2. Definitions

• App: The GymA mobile application offered on the iOS and Android platforms, connected wearable device applications, the gyma.charqe.io website and all of their components.
• Service: All features offered through the App, including workout planning and logging, cardio tracking, nutrition and water tracking, body measurements, statistics and reporting, social networking and messaging, events, location-based discovery and similar features.
• Social Features: All features through which users interact with each other, including posts, stories, comments, likes, follows, direct messaging, creating and joining events, profile and gym pages, and discovering nearby athletes.
• User Content: Any content that a User uploads to the App or shares through the App, including photos, videos, text, comments, stories, profile photos, bios, usernames, event descriptions and messages.
• Company Content: The exercise and food database, images, design, interface, software, brand elements and all other materials belonging to the Company.
• User Data: The profile, workout, nutrition, measurement and statistics data that the User enters into the App or that the App generates on the User's behalf.
• App Store: The Apple App Store and the Google Play Store.

3. Acceptance of the Terms, Age Limit and Legal Capacity

To use the App, you must have reached the age of 18 and have legal capacity to act, or have obtained the express consent of your legal representative. By creating an account, you confirm that you meet this requirement.

The 18-year age limit applies because the App both processes health-related data and includes social features through which users can communicate with each other directly. The Company may suspend or terminate, without prior notice, accounts found not to meet this requirement or that give rise to reasonable suspicion to that effect, and will delete the related data. Persons whose accounts have previously been closed for breach of these Terms may not open a new account.

4. Account, Username and Security

• You are obliged to provide accurate, up-to-date and complete information when creating an account. You may be asked to verify your email address.
• You alone are responsible for keeping your account information and password confidential. We recommend choosing a strong password that you do not use for any other service.
• You are responsible for all activity carried out through your account. If you suspect unauthorized use, you must notify info@charqe.io immediately.
• You may not transfer or sell your account to third parties or let them use it.
• Your username (@handle) is unique and allocated on a first-come, first-served basis. You may not claim ownership of a username. You may change your username at certain intervals; the system may apply a waiting period to prevent abuse.
• Usernames that infringe trademark rights, impersonate others, are misleading or violate the Community Guidelines may be changed or released without prior notice.
• You can also use your account through a connected wearable device (smartwatch) app. You must not share your pairing code with third parties.

5. Scope of the Service

The App offers features that can be grouped under the following headings:

• Workouts: Creating workout plans and programs, ready-made templates, an exercise library, running active workouts, auto-flow and rest timer, logging sets/reps/weight/RPE, and cardio activity tracking.
• Tracking and Analysis: Volume, personal records, estimated 1RM, muscle group balance, consistency and quality statistics; weekly and program-based reports; optional email summaries.
• Nutrition: Food and meal logging, calorie/macro tracking, water tracking, a supplement list and daily check-offs.
• Body Tracking: Recording and charting weight, body fat percentage, muscle mass, fat mass and circumference measurements.
• Social: Profiles, following and followers, sharing posts and stories, likes and comments, direct messaging, sharing workouts, creating and joining events, and gym pages.
• Discovery: User search, friend suggestions and —with your permission— showing nearby athletes and events.
• Device Integration: Pairing with supported smartwatches and transferring heart rate and activity data.

The Company reserves the right to develop, change, temporarily suspend or discontinue the scope, features and technical requirements of the Service. Material changes will be announced a reasonable time in advance.

6. Pricing, Subscriptions and Payment

6.1 Paid Version

The App may be offered under free, time-limited trial or paid subscription models. Which features are free and which are paid is clearly shown on the in-app purchase screen. The current price, subscription period, any trial period and renewal terms are presented to you before you complete the purchase.

6.2 Sales Through the App Store

Depending on the platform you downloaded the App from, paid features are sold and payments are collected through the Apple App Store or the Google Play Store. In this case, the party to the payment relationship is the relevant store operator, and the transaction is subject to that store's own terms of use. The Company does not see, store or process your card details. The Company is only informed whether your subscription is valid.

6.3 Automatic Renewal and Cancellation

Unless otherwise stated, subscriptions renew automatically at the end of each period, and the renewal fee is charged to the payment method registered to your store account. To stop renewal, you must cancel the subscription in your device's store account settings at least 24 hours before the end of the current period. Cancellation takes effect at the end of the current period; you can continue to use the paid features for the remainder of that period. Deleting your account within the App does not automatically cancel your store subscription.

6.4 Price Changes

The Company may update subscription fees. Price changes will be announced within the App or by email a reasonable time before they take effect, and will apply only to renewal periods after the announcement. If you do not accept the new price, you may cancel your subscription before the renewal date.

6.5 Refunds

Because purchases are made through the relevant App Store, refund requests are also subject to that store's refund policy, and you must submit your request directly to the store. The Company does not have the technical ability to issue refunds directly for purchases made through a store; however, it provides reasonable support to facilitate the process in cases of erroneous charges.

6.6 Right of Withdrawal

Under Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, there is no right of withdrawal for contracts relating to intangible goods that are performed instantly in electronic form and delivered to the consumer immediately. Since access to paid features is provided at the moment of purchase, by confirming the purchase you acknowledge that you request performance to begin immediately and that you have no right of withdrawal. Your other rights arising from mandatory consumer legislation and the refund options offered by the store operator are reserved.

6.7 Trial Period

If a free trial is offered, the subscription automatically becomes paid at the end of the trial period and charges begin. If you do not want to be charged, you must cancel your subscription before the trial period ends. Generally, only one trial is granted per user and payment method.

6.8 Changes to Paid Features

The Company may develop or change the features included in the paid package. If the scope of the paid package is materially reduced to your detriment, this will be announced in advance and you will be able to cancel your subscription before the renewal date.

7. User Content and the License You Grant

7.1 Your Content Belongs to You

You own the intellectual property rights in your User Content. These Terms do not transfer ownership of your content to the Company.

7.2 The License You Grant Us

So that we can technically provide the Service (because we have to store, copy, resize, format and cache your content on our servers and display it to the audience you choose), by sharing your User Content you grant the Company a worldwide, royalty-free, non-exclusive, transferable license, sublicensable to hosting and distribution infrastructure providers, to use that content. This license is used solely for the purpose of operating, providing, improving and securing the Service.

This license ends when you delete your content or a part of it, or when you close your account. However, deletion may not take effect immediately and completely where (i) you have previously shared your content with other users and they have saved it to their own devices or re-shared it, (ii) it temporarily remains in technically reasonable backup records, or (iii) it must be retained due to a legal obligation or an ongoing legal claim.

We do not sell or rent your content to third parties for advertising purposes, and we do not use it for marketing. If we wish to use your content in the Company's promotional materials, we will ask for your separate and express permission.

7.3 Your Representations and Warranties

For every piece of content you share, you represent and warrant that:

• You own the content or have all the rights, licenses and permissions necessary to share it.
• The content does not infringe the copyright, trademark, personality, privacy or other rights of third parties.
• If the content includes other people's faces, voices or personal data, you have confirmed that these people have consented to it being shared. When filming in shared spaces such as a gym, you must take care that the people around you are not captured in the frame.
• The content does not violate applicable law or the Community Guidelines.

7.4 Visibility of Your Content

The posts, comments, likes, stories and profile information you share within the App can be seen by other GymA users — unless you choose otherwise. In addition:

• So that they load quickly, your photos and videos are served through the content delivery infrastructure via links that are hard to guess but directly accessible. A person who obtains a link can access the media without signing in to the App. We therefore strongly recommend that you do not share intimate or sensitive images.
• Stories are removed from the feed 24 hours after being shared; however, users who view them during that time can take screenshots. You can see who has viewed your story.
• You can remove your posts from the feed by archiving them, or delete them permanently.
• By making your account private, you can require your approval for anyone who wants to follow you.
• With the Close Friends and Restricted lists, you can narrow down who sees your content.

You can manage the visibility of your posts at any time under Settings > Privacy. For details of the visibility settings, see the Privacy Policy.

8. Community Guidelines and Prohibited Content

When using the Social Features, you agree to comply with the Community Guidelines. The Guidelines prohibit violence, hate speech, harassment, sexual content, child exploitation, promotion of illegal products and doping substances, misleading health claims, content encouraging eating disorders, impersonation, spam and similar behavior. The Community Guidelines form an integral part of these Terms, and a violation of them is deemed a breach of these Terms.

9. Use of Social Features

• Following and profiles: Public profiles can be searched for and viewed by other users of the App. With the private account option, you can require your approval for new followers.
• Messaging: Direct messages are delivered between the sender and the recipient. Messages are not end-to-end encrypted; they are stored on our servers to provide the service, ensure security and fulfill legal obligations. Deleting a message does not retrieve content that has already reached the other party's device.
• Interactions: Likes, comments and story replies are notified to, and visible to, the relevant user.
• Blocking and restricting: You can block or restrict users you find disturbing. A blocked user cannot send you messages or interact with your content.
• Notifications: You receive push notifications for social interactions; you can manage notifications in Settings.

10. Location-Based Features

The App may use your location information to show nearby athletes and events, to let you add location tags to your stories and to let you select your gym. The principles governing the use of location are as follows:

• It is entirely optional. Location features work only if you both grant permission at your device's operating system level and explicitly enable location sharing within the App. If you do not grant permission, all other features of the App can be used as normal.
• No continuous tracking. Your location is updated only while the App is open in the foreground and at infrequent intervals (no more than once every five minutes). No background location tracking is performed and no route history is kept.
• Visibility. When you turn on location sharing, other users in your vicinity can see you in the "nearby athletes" list together with your approximate distance. Your exact coordinates are not shown to other users.
• Freshness. If your location is not updated for a certain period, you are automatically removed from nearby user lists.
• Turning it off. You can turn off location sharing at any time under Settings > Privacy; once you do, your stored location information is no longer used in discovery features.

11. Events and In-Person Meetups

The App allows users to create workout events, publish them together with their location and let other users request to join.

• Events are created by users; the Company is not the organizer, arranger or guarantor of events.
• The user who creates an event is solely responsible for the lawfulness of the event, venue permissions, safety and the accuracy of the information given to participants.
• The Company does not verify users' identities or perform criminal record checks. The decision to meet other users in person, and its consequences, are entirely your own.
• The Company cannot be held responsible for accidents, injuries, damages or disputes that occur at events.
• If you do not want to receive event invitations, you can turn this feature off under Settings > Privacy.

12. Gym Information and Third-Party Place Data

You can add the gym you belong to to your profile and —unless you have hidden it— see other users registered at the same gym. Gym, event and location search results come from a third-party place data provider (Google Places); the accuracy, timeliness and completeness of this data are not under the Company's control. You can stop your gym membership from appearing on your profile under Settings > Privacy.

13. Content Moderation, Reporting and Removal

13.1 Reporting Mechanism

You can report any content or user you believe violates the Community Guidelines or the law using the "Report" option next to the relevant content, or by sending an email to info@charqe.io. We review reports within a reasonable time and take the action we deem necessary. Urgent and serious reports (child exploitation, danger to life, threats of violence) are handled with priority and, where necessary, forwarded to the competent authorities.

13.2 Actions We May Take

If we determine that a violation has occurred, we may remove the content from view or delete it, restrict your account's access to certain features, temporarily suspend your account or permanently terminate it. In cases of serious violations (e.g. child exploitation, terrorist propaganda), action is taken without prior notice and the matter is reported to the competent authorities. We take care to ensure that any action is proportionate to the severity and recurrence of the violation.

13.3 Right to Appeal

If you wish to appeal a decision taken about you, you may apply to info@charqe.io once the decision has been notified to you. We will review your appeal and notify you of the outcome.

13.4 Copyright Infringement Notices

Under Law No. 5846 on Intellectual and Artistic Works and related legislation, if you believe that your work has been used without permission, you may send a notice to info@charqe.io containing the following information:

• A description of the work you hold the rights to, and information or documents showing your ownership of the rights;
• The exact location within the App of the content you believe to be infringing (link, username, date);
• Your contact details (full name, email, address);
• Your statement that the use has not been authorized by the rights holder and that the information in the notice is accurate.

Upon a duly submitted notice, we assess the content within the period prescribed by the relevant legislation and, if necessary, disable access to it. The user who shared the content is informed and given the opportunity to submit a counter-notice. Accounts that repeatedly infringe copyright are permanently closed. The person submitting a notice is liable for damages arising from bad-faith or unfounded notices.

13.5 Hosting Provider Status

With respect to User Content, the Company acts as a hosting provider within the meaning of Law No. 5651. Although it has no general obligation to review User Content before publication or to investigate whether it is unlawful, it takes action regarding content reported as unlawful within the time and in the manner prescribed by law. The rights of persons who believe their personality rights have been violated to apply and to file lawsuits under Law No. 5651 are reserved.

14. Intellectual Property

All intellectual and industrial property rights in the Company Content belong to the Company or its licensors. The "GymA" and "Charqe" trademarks, logos and interface design are protected elements of the Company. The User is granted a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the App for personal, non-commercial purposes. Part of the exercise database has been compiled from open-source datasets, and the relevant attributions are provided within the App.

15. Prohibited Use

The User agrees not to engage in any of the following while using the App:

• Acting in violation of applicable law, the rights of third parties, the Community Guidelines or these Terms;
• Engaging in activities that would damage, overload or disrupt the App's infrastructure;
• Reverse engineering, decompiling or copying the App, or creating derivative works of it;
• Collecting content or user data using automated tools, bots, scrapers or similar methods;
• Attempting to gain unauthorized access to another user's account or to circumvent security measures;
• Creating fake accounts, opening accounts in bulk by automated means or artificially inflating engagement;
• Using the App to send unauthorized advertising, spam, chain messages or bulk messages;
• Reselling the App for commercial purposes or using it without permission to provide services to third parties;
• Spreading malware or running code that would compromise the security of the Service.

16. User Data and Privacy

The rights to User Data belong to the User. The Company processes this data in order to provide the Service, within the scope of the Privacy Policy and the KVKK Information Notice. Health-related data (body measurements, nutrition records, heart rate) may qualify as special categories of personal data and is processed only on the basis of your explicit consent. You may request a copy of your data and request the deletion of your account and data; upon a deletion request, your personal data is deleted or anonymized, subject to the retention periods prescribed by the relevant legislation.

17. Limitation of Liability

The App is provided "as is" and "as available". The Company does not guarantee that the Service will be uninterrupted, error-free, secure or fit for a particular purpose, that data will not be lost under any circumstances, or that the calculated statistics, calorie and nutritional values will be absolutely accurate.

In particular, the Company is not responsible for:

• Content shared, advice given, statements made or conduct by other users;
• Damages arising from disputes between users and from in-person meetups;
• The consequences of training, nutrition or supplement choices the User makes based on information in the App;
• Errors or outages in third-party services and data (stores, place data provider, wearable device manufacturer);
• Account security breaches resulting from the User's own negligence.

Unless it has acted with intent or gross negligence, the Company cannot be held liable for indirect damages, data loss, loss of profit, loss of reputation or damages arising from the use of, or inability to use, the App. In any event, the Company's total liability shall not exceed the total amount paid by the User for the Service in the 12 (twelve) months preceding the date on which the damage occurred. Rights arising from consumer legislation that cannot be limited by contract, and the Company's liability arising from intent or gross negligence, are reserved.

18. Indemnification

You agree to compensate any damages (including reasonable attorneys' fees) arising from claims, lawsuits and administrative sanctions brought against the Company by third parties because of your conduct in breach of these Terms, the Community Guidelines or the law, or because of content you share.

19. Suspension and Termination

The Company may suspend or terminate a User's account in the event of a breach of these Terms, unlawful use, a security risk or a request from a competent authority. A suspension decision is communicated together with its reasons, to the extent possible.

The User may terminate these Terms at any time by closing their account under Settings > Data. Two options are offered: freezing the account (you are signed out and your data is kept as it is; if you do not sign in within 30 days, the account and all data are deleted automatically) or deleting it permanently. Both actions are verified with your password.

In the event of termination, no refund is made for the remaining period of your paid subscription, subject to mandatory consumer legislation; you must cancel your store subscription separately. Provisions of these Terms that by their nature should survive termination (intellectual property, limitation of liability, indemnification, dispute resolution) remain in force after termination.

20. Changes

The Company may update these Terms. Material changes will be announced within the App or by email a reasonable time before they take effect. Continuing to use the App after the changes take effect means that you accept the updated Terms. If you do not accept the changes, you may close your account.

21. Assignment, Force Majeure and Notices

• Assignment: The User may not assign their rights and obligations under these Terms. The Company may assign these Terms in the event of a merger, acquisition or business transfer; this will be announced in advance.
• Force majeure: In cases beyond the Company's reasonable control, such as natural disasters, epidemics, war, cyberattacks, infrastructure or electronic communication outages and changes in legislation, the Company's performance obligations are suspended until the obstacle is removed.
• Notices: Notices from the Company to you are sent to the email address registered to your account or by in-app notification. You are responsible for keeping your email address up to date.

22. Additional Terms for App Stores

If you obtained the App from the Apple App Store, the following terms apply:

• These Terms are concluded between you and the Company only; Apple is not a party to these Terms.
• The Company alone is responsible for the App's content, maintenance, support services and warranty claims.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• The Company is responsible for investigating and defending any claim that the App infringes a third party's intellectual property rights.
• You use the App representing that you are not located in a country subject to a US embargo and that you are not listed on any US list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you.

If you obtained the App from Google Play, the Google Play Terms of Service and the Google Payments terms also apply.

23. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Türkiye. The parties will first try to resolve disputes in good faith through direct communication. For disputes that cannot be resolved, the courts and enforcement offices of Istanbul (Bakırköy) have jurisdiction. For users who qualify as consumers, the right to apply to Consumer Arbitration Committees and Consumer Courts according to the applicable monetary thresholds, and the jurisdiction of the courts at the consumer's place of residence, are reserved.

24. Severability and Entry into Force

If any provision of these Terms is deemed invalid or unenforceable, the other provisions remain in force; the invalid provision is replaced by the valid provision that comes closest to the parties' intent. These Terms enter into force upon the User's acceptance and remain valid for as long as the account remains open.

25. Contact

Trade name: Charqe Bilişim Teknolojileri Sanayi Ticaret Limited Şirketi
Address: Kavaklı Mah. Gaffar Okkan Sk. Mesken No: 3 İç Kapı No: 5, Beylikdüzü / İstanbul, Türkiye
Trade Registry No: Istanbul Trade Registry — 398157-5
Tax Office / Tax ID: Beylikdüzü — 2091653469
Email: info@charqe.io