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, subscribing, or using the Service, you accept these Terms and our Privacy Policy and Refund 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. The account and payment method holder must have legal capacity to contract. 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. Through an AI chat, you receive personalized routines adapted to your goals, available equipment, and physical limitations. We also offer integrable modules for gyms and trainers (B2B). 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.
• Referral upon health conditions. If you declare —or the system detects— a relevant health condition, injury, symptom, or risk factor, the Service will refer you to a health professional instead of adapting a routine to that condition. 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 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. Declared health data (Law 25.326)

To personalize your experience, your training profile may include health or wellness information that you provide voluntarily (for example, physical limitations, injuries, or conditions). To the extent such information constitutes sensitive data under Argentina's Personal Data Protection Law 25.326, we process it only with your explicit consent and for the specific purpose of generating and adapting your training guidance and operating the Service. We do not share this data with third parties without your consent, except as required by law, and we apply the safeguards described in our Privacy Policy, which forms part of these Terms. You may withdraw your consent at any time by writing to team@gojan.app; doing so may prevent the generation of personalized routines.

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.

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.

8. Subscriptions, billing, and automatic renewal

• Paid plans. Certain features require a subscription or other plan described at the time of purchase. Prices, billing frequency, and features are shown before purchase, in the applicable currency, and may include taxes.
• Payment processing. Payments are processed by Stripe and, if you purchase through an app store, Apple or Google. We do not store your full card number.
• Automatic renewal. Unless stated otherwise, subscriptions renew automatically at the end of each period, at the then-current price, until you cancel. By subscribing you authorize these recurring charges.
• Cancellation. You may cancel at any time from your account (or your Apple/Google account) or by writing to team@gojan.app. It takes effect at the end of the current period.
• Price or plan changes. We may change them with reasonable prior notice; they apply to the next period.
• Free trials. If a free trial is offered, unless you cancel before it ends, it will convert into a paid subscription at the stated price.
• Refunds. Governed by our Refund Policy.

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 integrates third-party services (Stripe, Supabase, Google, AI providers) and may be distributed through Apple's App Store or Google Play. Use of those services is subject to their own terms, and app-store purchases are additionally subject to the store's billing and refund rules. We are not responsible for third-party services.

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. To the maximum extent permitted by law, our total aggregate liability will not exceed the greater of the amount you paid in the 12 months prior to the event giving rise to the claim, or USD 100.

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, your breach of these Terms or the law, or your infringement of third-party rights.

14. Suspension and termination

We may suspend or terminate your access if you breach these Terms or for legal or security reasons. You may stop using the Service and close 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 and the Refund 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 · ondaformlabs.com · gojan.app