Terms of Service

Version 1.0 | Date: 27/04/2026 | Effective Date: 27/04/2026

Fidelis Software Limited | 6 Berryfield Close, Worcester, WR65NJ | Company No: 17157758

PLEASE READ THESE TERMS CAREFULLY BEFORE USING GYMWARS

These Terms of Service ("Terms") form a legally binding agreement between you and Fidelis Software Limited ("Fidelis", "we", "us", "our") governing your use of the Gym Wars mobile application and related services ("the App").

By creating an account or using the App, you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy. If you do not agree, you must not use Gym Wars.

If you are under 16, you must have your parent or guardian's permission before creating an account.

Key facts about these Terms at a glance:

Topic Summary

Who we are:

Fidelis Software Limited, registered in England and Wales

What Gym Wars is; A competitive fitness tracking and social app

Minimum age 16 years old (13 with parental consent)

Governing law - Laws of England and Wales

Disputes - English courts have jurisdiction

Payments - Battle Pass and challenge fees via Stripe / Apple IAP / Google Play

Cancellations - 14-day cooling-off period for new subscriptions

Content ownership - You own your content; you license it to us to operate the App

Termination - We may suspend accounts that breach these Terms

1. About Fidelis Software Limited and Gym Wars

1.1 The Company

Gym Wars is operated by Fidelis Software Limited, a company registered in England and Wales (Company No: 17157758). Our registered office is at 6 Berryfield Close, Worcester, WR65NJ.

You can contact us at [email protected].

1.2 What Gym Wars Is

Gym Wars is a competitive fitness tracking and social application. The App allows users to log workouts, earn Gym Wars Points (GWP) by training at registered gyms, compete on leaderboards, participate in challenges, and share their fitness activity with other users.

1.3 The App Is Not a Medical Service

Gym Wars is a fitness and social entertainment platform. It is not a medical device, healthcare service, or clinical tool. Nothing in the App — including workout suggestions, performance tracking, injury logging, or progress data — constitutes medical advice, diagnosis, or treatment.

Health and Safety Disclaimer

Before beginning any new fitness programme, you should consult a qualified medical professional, particularly if you have any pre-existing health conditions, injuries, or concerns.

By using Gym Wars, you acknowledge that physical exercise carries inherent risks and that you participate entirely at your own risk. Fidelis Software Limited is not liable for any injury, illness, or health consequence arising from your use of the App.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 16 years old to create a Gym Wars account independently. Users aged 13 to 15 may use Gym Wars only with verifiable parental or guardian consent. Users under 13 are not permitted to use Gym Wars under any circumstances.

By creating an account, you confirm that you meet the applicable age requirement. We reserve the right to request age verification and to close accounts where we have reasonable grounds to believe the age requirement has not been met.

2.2 Account Accuracy

You must provide accurate, complete, and current information when registering. You are responsible for keeping your account information up to date. Creating an account using false information, impersonating another person, or registering on behalf of someone else without their consent is a breach of these Terms.

2.3 One Account Per Person

Each person may maintain only one active Gym Wars account. Creating multiple accounts to gain competitive advantages on leaderboards, circumvent account suspensions, or manipulate the GWP system is strictly prohibited and may result in permanent bans on all associated accounts.

2.4 Account Security

You are responsible for maintaining the security of your account credentials. You must not share your password with any other person. You must notify us immediately at [email protected] if you suspect unauthorised access to your account. We are not liable for any loss or damage arising from unauthorised use of your account where you have failed to maintain adequate security.

2.5 Business and Gym Accounts

If you register on behalf of a gym, fitness organisation, or other business entity, you represent that you have the authority to bind that entity to these Terms. References to "you" in these Terms shall include that entity.

3. The Gym Wars Points System and Competitive Features

3.1 Gym Wars Points (GWP)

Gym Wars Points (GWP) are a virtual points currency earned within the App. They have no monetary value, cannot be exchanged for cash, transferred between accounts, or redeemed for goods or services outside the App.

GWP is awarded based on workouts completed at your registered home gym, verified by GPS proximity check (within 200 metres of the gym).

Gym Wars reserves the right to modify the points system, scoring mechanics, and reward structures at any time.

3.2 Geo-Verification Requirement

Points can only be claimed when your device's GPS places you within 200 metres of your registered home gym at the time of claiming. This requirement exists to ensure competitive fairness for all users. You must enable location permissions on your device to claim points.

Attempting to circumvent the geo-verification system — including but not limited to GPS spoofing, use of location manipulation software, or any other technical means — is a serious breach of these Terms and will result in immediate account suspension and permanent forfeiture of all accumulated GWP.

3.3 Leaderboards

Gym Wars operates individual and gym leaderboards ranked by GWP. Leaderboard positions are updated periodically and are for entertainment and competitive purposes only. We reserve the right to adjust, recalculate, or reset leaderboard data at any time, including to correct errors or address rule violations.

3.4 Challenges

Gym Wars offers a range of fitness based challenges. Participation in challenges is voluntary. Challenge results are final once the challenge period expires. Points contributing to a challenge must be earned during the active challenge period — retroactive point assignment is not permitted.

3.5 Fair Play

The integrity of the Gym Wars competitive system depends on all users participating fairly. The following constitute serious breaches of fair play that may result in immediate and permanent account termination:

GPS spoofing or location manipulation to claim points fraudulently
Creating multiple accounts to inflate personal or gym rankings
Coordinated artificial point inflation by groups of users
Exploiting bugs or technical vulnerabilities to gain competitive advantage
Any form of collusion to manipulate challenge outcomes

We reserve the right to investigate suspected fair play violations, and our decisions regarding account suspension or termination for fair play breaches are final.

4. Subscriptions, Payments, and Refunds

4.1 Battle Pass Subscription

Gym Wars offers a Battle Pass subscription providing access to premium features. Subscription details, pricing, and billing cycles are displayed within the App at the point of purchase and are subject to change with reasonable notice.

4.2 Payment Processing

Payments for the Battle Pass and any challenge entry fees are processed through:

Stripe — for payments made on Android and web platforms

Apple In-App Purchase (StoreKit) — for payments made on iOS devices. Apple's payment terms and refund policies apply to iOS purchases. Fidelis Software Limited is not able to issue refunds for iOS purchases; these must be requested directly through Apple.

Google Play Billing — for payments made on Android via the Google Play Store. Google's payment terms apply where required by Google Play policies.

By making a purchase, you authorise the applicable payment processor to charge your chosen payment method. All prices are inclusive of VAT where applicable.

4.3 Subscription Renewal and Cancellation

Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through:

The App: Settings > Subscription > Cancel
iOS: Your Apple ID subscription settings
Android: Google Play subscription management

Cancellation takes effect at the end of the current billing period. You will retain access to Battle Pass features until that date. Cancellation does not entitle you to a refund for the current billing period except as set out in Section 4.4.

4.4 Consumer Right to Cancel (Cooling-Off Period)

If you are a consumer based in the United Kingdom, you have a statutory right to cancel a new subscription within 14 days of purchase without giving a reason (the "cooling-off period") under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

However, by accessing Battle Pass features immediately upon purchase, you expressly request that we begin providing the service before the cooling-off period expires. If you exercise your right to cancel within the 14-day period after having accessed premium features, we may deduct the value of the service provided up to the date of cancellation from any refund.

To exercise your right to cancel, contact us at [email protected] within 14 days of purchase, stating your intention to cancel and your account details.

4.5 Refund Policy

Outside the statutory cooling-off period, subscription fees are non-refundable. We may, at our sole discretion, issue goodwill refunds in exceptional circumstances, such as where a significant technical fault prevented access to paid features for an extended period. Refund requests must be submitted to [email protected] within 30 days of the issue arising.

Note: Refund requests for iOS purchases must be directed to Apple. We do not have access to payment information for iOS transactions and cannot process iOS refunds on Apple's behalf.

4.6 Price Changes

We reserve the right to change subscription pricing. We will give you at least 30 days' notice of any price increase by email and in-app notification before the change takes effect. Your continued subscription after the effective date constitutes acceptance of the new price.

4.7 GWP Has No Monetary Value

Gym Wars Points, badges, achievements, leaderboard positions, and any other in-app rewards or virtual items are not property, do not represent monetary value, and cannot be transferred, sold, or redeemed for cash or real-world value under any circumstances. These items are forfeited upon account termination.

5. User Content

5.1 Your Content, Your Responsibility

"User Content" means any content you create, post, upload, or share through Gym Wars, including workout posts, profile information, comments, photos, videos, and messages. You are solely responsible for all User Content you submit.

5.2 Content Licence

By posting User Content on Gym Wars, you grant Fidelis Software Limited a worldwide, non-exclusive, royalty-free, sublicensable licence to use, store, display, reproduce, and distribute that content solely for the purpose of operating and improving the App and providing the services described in these Terms.

This licence ends when you delete your content or close your account, except where your content has been shared by other users (for example, if someone has commented on your post), in which case residual copies may remain until the other user's content is also removed.

5.3 Content Standards

You must not post User Content that:

Is unlawful, harmful, threatening, abusive, harassing, or defamatory
Is discriminatory on the basis of race, ethnicity, gender, sexual orientation, religion, disability, or any other protected characteristic
Contains nudity, sexual content, or graphic violence
Infringes the intellectual property rights of any third party
Contains viruses, malware, or any other harmful code
Constitutes spam, unsolicited advertising, or promotional material
Impersonates any person or entity, or misrepresents your affiliation with any person or entity
Contains personal or private information about another person without their consent
Glorifies, promotes, or facilitates self-harm, eating disorders, or dangerous activity
Falsely represents workout data, performance, or gym attendance

5.4 Content Moderation

We reserve the right (but are not obligated) to review, moderate, remove, or restrict access to any User Content that we reasonably believe violates these Terms or applicable law, without notice to you. Repeated violations will result in account suspension.

Users may report content they believe violates these Terms using the in-app reporting feature. We aim to review reported content within 5 business days.

5.5 Workout Data Accuracy

You must only log workouts you have actually performed. Falsifying workout data — including logging exercises not performed, inflating weights or repetitions, or creating fictitious workout sessions — undermines the integrity of Gym Wars and constitutes a fair play violation under Section 3.5.

6. Intellectual Property

6.1 Our Intellectual Property

The Gym Wars name, logo, and trademark are owned by Fidelis Software Limited. All software, design, code, features, graphics, and content comprising the App (excluding User Content) are owned by or licensed to Fidelis Software Limited and protected by copyright, trademark, and other applicable intellectual property laws.

You may not copy, modify, distribute, sell, sublicense, or create derivative works from any part of the App without our express written consent.

6.2 Restricted Activities

You must not:

Reverse engineer, decompile, or disassemble the App or any part of it
Use automated tools, bots, or scrapers to access or collect data from the App
Access or attempt to access the App's source code, underlying infrastructure, or backend systems without authorisation
Use the Gym Wars name, logo, or trademark without our prior written consent
Frame or mirror the App on any other platform without written permission

6.3 Feedback

If you provide us with feedback, suggestions, or ideas about Gym Wars, you grant us the right to use that feedback freely without obligation or compensation to you.

7. Acceptable Use Policy

7.1 Prohibited Conduct

In addition to the content standards in Section 5, you must not:

Use the App for any unlawful purpose or in violation of any applicable law or regulation
Harass, threaten, intimidate, or bully other users
Attempt to gain unauthorised access to other users' accounts
Interfere with, disrupt, or place an unreasonable load on the App's infrastructure
Attempt to circumvent any security, access control, or rate limiting mechanism
Use the App to distribute unsolicited commercial communications
Engage in any conduct that could damage the reputation of Fidelis Software Limited or Gym Wars
Encourage or assist any third party to do any of the above

7.2 Gym Conduct

Gym Wars is designed to be used in registered gym environments. Use of the App must not interfere with gym operations, other gym members, or gym staff. You remain subject to the rules and policies of your gym at all times. Fidelis Software Limited is not responsible for your conduct at any gym venue.

8. Third-Party Services

Gym Wars integrates with third-party services to provide core functionality. Your use of these services is subject to their own terms and privacy policies:

Service

Purpose

Their Terms Apply To

Stripe

Payment processing

All payment transactions (Android/web)

Apple IAP

Payment processing (iOS)

iOS subscriptions and purchases

Google Play

Payment processing (Android)

Android Play Store purchases

Google Firebase / FCM

Push notifications

Notification delivery

Apple APNs

Push notifications (iOS)

iOS notification delivery

Supabase

Media storage

Uploaded photos and videos

Sentry

Error monitoring

Anonymised crash reports

We are not responsible for the availability, accuracy, or conduct of third-party services. Any issues with third-party services should be directed to the relevant provider.

9. Privacy

Your privacy is important to us. Our Privacy Policy, which forms part of these Terms, explains how we collect, use, and protect your personal data. By using Gym Wars, you acknowledge that you have read and understood our Privacy Policy.

Gym Wars processes special category health data (your fitness and activity data) and location data. We do so only with your explicit consent as described in the Privacy Policy. You may withdraw consent at any time, though this may affect your ability to use certain features of the App.

10. Disclaimers and Limitation of Liability

10.1 App Availability

We aim to provide a reliable service but do not guarantee that Gym Wars will be available at all times, error-free, or free from interruption. We may suspend, withdraw, or restrict access to all or part of the App for operational, maintenance, or security reasons at any time, with or without notice.

10.2 Accuracy of Data

GWP calculations, leaderboard rankings, and challenge scores are generated automatically based on the data you provide. We do not warrant the accuracy of these calculations. Errors may occur and we reserve the right to correct them.

10.3 Limitation of Liability

To the fullest extent permitted by applicable law:

Fidelis Software Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of Gym Wars
We shall not be liable for any loss of data, loss of profits, loss of business, or loss of goodwill arising from your use of the App
We shall not be liable for physical injury, illness, or property damage resulting from your participation in fitness activities prompted or tracked by the App
Our total aggregate liability to you for any claim arising from these Terms or your use of Gym Wars shall not exceed the amount you have paid to us in the 12 months preceding the claim

10.4 Consumer Rights Not Affected

Your Statutory Consumer Rights

Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under applicable law.

If you are a consumer, you have statutory rights under the Consumer Rights Act 2015 and other applicable UK consumer protection legislation. These Terms do not affect those rights.

11. Account Suspension and Termination

11.1 Termination by You

You may close your account at any time via Settings > Delete Account. Account deletion is permanent and irreversible. All your personal data will be deleted in accordance with our Privacy Policy, except data we are legally required to retain (see Section 5 of the Privacy Policy).

11.2 Termination or Suspension by Us

We may suspend or terminate your account immediately, without prior notice, if we reasonably believe you have:

Materially breached these Terms
Engaged in GPS spoofing or any other form of competitive fraud (Section 3.5)
Posted content that is unlawful, abusive, or violates our content standards (Section 5.3)
Created multiple accounts to circumvent a suspension
Used the App in a manner that poses a security risk to us or other users
Failed to pay applicable fees when due

We may also suspend or terminate accounts with 30 days' notice for any other reason, including discontinuation of the service.

11.3 Effect of Termination

Upon termination, your right to use Gym Wars ceases immediately. All your GWP, badges, leaderboard positions, and in-app achievements are forfeited without compensation. Active subscription fees already paid are non-refundable upon termination for breach.

11.4 Appeals

If you believe your account has been suspended or terminated in error, you may appeal by contacting [email protected] within 14 days of the suspension. We will review your appeal and respond within 10 business days. Our decision on appeal is final.

12. Changes to the App and These Terms

12.1 Changes to the App

We continuously develop and improve Gym Wars. We may add, modify, or remove features at any time. Where a change materially reduces functionality you are paying for, we will give you at least 30 days' notice and you will be entitled to cancel your subscription and receive a pro-rata refund for the unused period.

12.2 Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by push notification and email at least 14 days before they take effect. Your continued use of Gym Wars after the effective date constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using Gym Wars and may close your account. If you have an active paid subscription, you will receive a pro-rata refund for the unused portion upon closure.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

13.2 Jurisdiction

Subject to Section 13.3, you and Fidelis Software Limited agree to submit to the exclusive jurisdiction of the courts of England and Wales.

13.3 Consumer Rights to Use Local Courts

If you are a consumer resident in Scotland, Northern Ireland, or another jurisdiction within the United Kingdom, you may bring legal proceedings in your local courts. Nothing in this Section prevents you from enforcing your statutory consumer rights in your home jurisdiction.

13.4 Alternative Dispute Resolution

Before initiating formal legal proceedings, we encourage you to contact us at [email protected] to attempt to resolve any dispute informally. We will endeavour to resolve complaints within 30 days.

If a dispute cannot be resolved informally, you may refer it to an Alternative Dispute Resolution (ADR) body. We are not obligated to use ADR but will consider it in good faith.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and Fidelis Software Limited in relation to Gym Wars and supersede all prior agreements, representations, and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver is only effective if given in writing.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms to any third party without our prior written consent. We may assign our rights and obligations under these Terms to a successor entity in the event of a merger, acquisition, or sale of substantially all of our assets, provided that we give you reasonable notice.

14.5 Force Majeure

We shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government action, power failure, or third-party service outages.

14.6 Third-Party Rights

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

14.7 Language

These Terms are written in English. In the event of any inconsistency between an English version and a translated version, the English version shall prevail.