*Automatic translation of the official document available in Portuguese.
1. About the Object
1.1. The following terms, hereinafter referred to as the Terms of Use, govern the Gymgles System, hereinafter referred to as the Service, which the Gymgles Platform, hereinafter referred to as the Platform, makes available to Internet Users free of charge.
1.1.1. The Service is provided by Gymgles Plataforma Digital Sociedade Unipessoal Ltda., CNPJ 35.660.900/0001-40, headquartered in Sao Paulo, SP, Brazil.
1.2. The use of the system assigns condition of User of the Service, hereafter called User, and expresses its full and unreserved acceptance to each and every one of the clauses of this instrument in the current version published by the Platform.
1.3. Through the Service, the Platform provides you with a password to access the Gymgles System, participate in recreational contests, and post data to the Internet, respecting Content Policy of this Platform for each publication category.
2. Terms of Access
2.1. This Platform warns about good practices for the User to stay healthy and safe, but the User is solely responsible for any problems directly or indirectly arising from the activities they carry out.
2.1.1. The minimum age to create an account on Gymgles is 18 (eighteen) years or older, if the age of civil and criminal majority occurs after that where the User lives. It is important to remember that this age limit may vary within the same country.
2.1.2. As a minor, the User may participate in activities promoted by Gymgles, as long as they are intended for their age group and they participate in the company of a guardian who has an active account on this Platform.
2.1.3. The User must pay close attention when entering his / her date of birth, as anyone who increases or decreases his / her age on the Platform will be violating this rule of use of the system and, therefore, will have his / her account blocked, losing the right to the benefits linked to it. The declaration of age is the strict responsibility of the User.
2.1.4. Gymgles recommends that the User consult a doctor periodically to be aware of his/her health status before exercising physically, even if it is a light walk.
2.1.5. Gymgles recommends the practice of physical activity, as long as the User has the guidance of a specialist. When enrolling in a gym and/or hiring a sports consultant, it is important to check whether the instructors have a degree in Physical Education.
2.1.6. The wellness checkup offered on this Platform aims to facilitate the understanding of the User's emotional fluctuations over time, but does not replace psychological care, which must be carried out by a professional with a degree in Psychology.
2.1.7. This Platform does not offer immediate treatment or advice for emergencies that put people's health at risk. Should this happen, the User must contact the emergency numbers in their region or go directly to the nearest emergency room.
2.1.8. Gymgles is not responsible for any medical emergencies, accidents or other problems that the User may have during virtual or in-person activities that he/she carries out individually or in the company of someone.
2.1.9. The User participates in this Platform of his/her own free will, and exempts Gymgles from any liability, on his/her behalf and that of his/her successors.
2.2. Gymgles challenges aim to encourage the promotion of healthy habits and stimulate the promotion of products and services for those who practice physical activity. The User can access additional resources on this platform through a subscription plan whose value varies according to the type of solution purchased. We do not charge any membership or monthly fees for using the system on the basic plan, nor do we license companies or individuals to offer our certification seals, medals or trophies on the market.
2.2.1. The Gymgles Platform recommends rewards based on points whenever possible, but cannot guarantee that all advertisers on this Platform will grant discount vouchers in all situations.
2.2.2. It is not the responsibility of the Gymgles Platform, nor its partners and collaborators, to determine the discounts granted by establishments that promote products and services on this Platform, nor which taxes will be applicable to transactions using vouchers. Users of the Gymgles System, whether individuals or legal entities, are solely responsible for complying with tax obligations arising from the issuance and acceptance of vouchers.
2.2.3. The User may have his/her account blocked if he/she violates what was stipulated in these Terms of Use and Content Policy. All those involved in illicit or unhealthy business will be prevented from moving their accounts, losing the right to use the available benefits and bearing expenses arising from possible compensation to the injured Parties.
2.3. The User may be granted permission to publish a personal or business page up to the storage space and data traffic limit established by the Gymgles Platform.
2.3.1. All subscription plan configurations and/or additional features are valid only during the period for which they were contracted. The Gymgles Platform has the right to change the maximum number of bytes that the User may send, receive and store through the Platform, at its sole discretion, at any time, with or without notice.
2.3.2. Any content or external link to content that does not follow the rules of use of the Service will be blocked and no longer visible on the Platform.
2.3.3. The User authorizes the disclosure of external links on its page published on Website gymgles.com, and also internal links on this Platform to its page.
2.3.4. The Gymgles is not responsible for providing any third part services or goods sold or advertised on its pages. You also do not subscribe to information provided by the websites accessed through links on this portal.
2.3.5. The services offered and negotiated by Users on this Platform do not create an employment, equity, association or consumer relationship with Gymgles, which only provides space for interaction between interested Parties through the purchase, sale or voluntary offering of services.
2.3.6. Each User is solely responsible for all obligations, expenses directly linked to the performance of their work, charges and costs arising from the administration of their business, and will be responsible for any losses and damages caused by their employees or agents, as well as for any actions that may be filed as a result of their failures or omissions.
2.4. Use of the Service requires the User to have a User ID and a secret password, data that is provided at the time of User registration and requested every time the User accesses pages linked to the Service on the Platform.
2.4.1. The User must undertake not to title and / or register his or her identity on this Platform, as well as any content posting and / or posting that: uses inelegant and / or offensive vocabulary; names of any entities or organizations; trademark, service mark, copyright names; infringe any proprietary rights of third parts; and / or intended to cause or cause confusion, mislead third parts or allude to third parts.
2.4.2. The Gymgles Platform is not responsible for any damages arising from unauthorized use of the User password to access your account. Every session on the Platform will automatically expire after a certain period of time, but it is safer for the User to log out when he / she completes password-required operations, especially when using a computer that is also used by others.
2.4.3. The User is solely responsible for their interactions with other Users, both in the virtual world and in real life. The Gymgles Platform is not responsible for any loss or damage resulting from your interaction with people or companies you know through the Platform. You agree to take care of your own safety when interacting with others you meet on the Internet.
2.4.4. To create a business account on the Gymgles Platform, the User must have the authority to manage it. He must register his business email issued by the company where he works. If it is not his, his employer will be the owner of this account.
2.5. The User, to be entitled to the Service, must allow the installation of cookies sent by the Platform, whose features and functions are described in Privacy Policy of this Platform.
2.6. By registering online, the User accepts and authorizes that his or her personal data may be subject to automated processing by the Platform under the terms indicated in its Privacy Policy, always in accordance with the national and international data protection laws in force in the countries where Gymgles offers solutions for individuals and/or companies.
2.7. The User undertakes in general to use the Service in accordance with accepted law, morals and morals, and in accordance with public order and, in particular, to refrain from using the Service in any way that may damage, render it unusable, overload or deteriorate or prevent its normal operation for the use of other Users.
2.7.1. The Platform reserves the right to inform the competent authorities, if requested, of the User's registration data that violates the laws, as well as connection data, such as IP addresses and also the telephone line used by the User. In the case of the telephone number, this data will only be provided by court order, given the confidentiality of the telematic data established by the Federal Constitution of 1988 and Extravagant Laws.
2.8. The User is aware and voluntarily accepts that the use of the Service occurs, in any case, under its sole and exclusive responsibility.
2.8.1. The Platform does not guarantee the availability and continued operation of the Service. When reasonably possible, the Platform will warn in advance of interruptions in its operation.
2.8.2. The Platform does not guarantee the usefulness of the Service for the performance of any particular activity, nor its infallibility, and in particular, even if not exclusively, that Users may effectively access the different web pages that make up the Service.
2.8.3. Notwithstanding all features used on this Platform to protect data being trafficked and stored, the Platform does not guarantee privacy and security in the use of the Service by Users and, in particular, does not guarantee that unauthorized third parts may be aware of the class, condition, characteristics and circumstances of use that Users make of the Service.
2.8.4. The Platform does not guarantee the truth, accuracy, completeness or timeliness of any data, information or materials made available to Users through the Service. The Platform is not responsible for any incorrect, objectionable, offensive, threatening, defamatory, fraudulent or illegal content.
2.8.5. The Platform does not previously control, approve, monitor or make own the events or acts announced to other Internet users by the Service Users. Each User acts in their own name and on their own account, which is why the Platform does not guarantee the lawfulness, truthfulness or effectiveness of such events and acts.
2.9. The Platform reserves the right to place advertisements of its own and / or third parts, automatically and randomly, when any User page on the Platform is accessed.
2.9.1. All revenue arising from the negotiation of advertising will belong exclusively to the Platform, not being the participation of the User.
2.9.2. You may not market advertising on the Platform or sell your page to another person or company. If you breach this rule, your account will be deleted from the Platform and will be liable for any third part claims, bearing all applicable legal penalties, including indemnities claimed by the complaining part.
3. Property Rights
3.1. The Platform grants you a non-transferable, non-exclusive, personal license to use the software making up the Service installed on the Platform's server (s), provided that you comply with these Terms of Use.
3.1.1. The Platform does not grant any other license or authorization to your industrial and intellectual property rights or any other property or right related to the Service.
3.2. User acknowledges that the Gymgles Platform owns all rights, titles and interests related to the Service, including intellectual and industrial property rights.
3.3. The User agrees not to use any process, whether manual, automated device or otherwise, to monitor or copy any content of the Service, as well as create derivative works thereof.
3.3.1. User agrees not to reproduce, duplicate, copy, sell, resell, trade or otherwise exploit any parts of the Platform.
3.4. The improper use of any of the icons, images, messages, names and marks belonging to the Platform will cause the exclusion of the User, without prejudice to the loss and damage to which the Platform may be entitled.
3.5. Creating and making content available for publication by the User using the Service gives Gymgles a perpetual, irrevocable, non-exclusive, worldwide, unlimited royalty-free license to use, reproduce, copy, modify, translate, create derivative works, sublicense, transmit, distribute and publicly display User posted material, including text and images, into Platform marketing outreach actions on any online or offline media currently in operation or be developed later, without the User receiving any payment for it. Such license includes the insertion of User-posted content, in whole or in part, into national or international Internet search engines, at the sole discretion of the Platform.
3.5.1. The Platform does not in any way claim ownership of any material of any kind that is transmitted or stored by Users when its content is not intended for publication (messages sent and received, for example).
3.6. The User is aware that third parts may access any of their content posted on the Platform, and in particular, copy, paste and download the content thereof, using such material for any unauthorized purposes herein.
3.6.1. The Platform will not be responsible for the use of these materials by third parts, but will use its best efforts to promptly notify the User of such an event as soon as it becomes aware of the fact.
4. About the Term
4.1. The provision of the Service is, in principle, indefinite duration. The Website, however, reserves the right to terminate or suspend the provision of the Service at any time.
4.1.1. When reasonably possible, the Platform will announce in advance the termination or suspension of the provision of the Service.
4.2. Notwithstanding the foregoing, Your account may be immediately deleted by the Platform without notice, in the event of: Your breach of any Platform policies, any laws or regulations applicable to You, including rules of protection against You. as well as practice by the User of any acts that may imply commercial or institutional discredit to the Platform.
4.2.1. The Platform may block, without prior notice, Users from certain IP addresses or device numbers that are considered harmful to the proper functioning of the system.
4.2.2. Each person can have one or more business accounts, but only one individual account. Maintaining several individual accounts may result in their immediate cancellation, blocking the points earned at Gymgles.
4.3. If the User wishes to terminate his or her account on the Platform, the cancellation shall be deemed to be effective on the date and time when the Platform confirms the User's request to the Platform, automatically made on the page showing your data after clicking the Cancel button.
4.3.1. You understand and agree that some of your content posted on the Platform may continue to appear online or offline, even after your account has been canceled. The Gymgles Platform cannot be held responsible for comments on other sites about any content you post on the Platform.
4.4. Your use of the Service is also subject to all notices, regulations and instructions made known to you by the Platform, as well as the policies of the Platform, which supplement the provisions of these Terms of Use, where you do not object to them.
4.5. The Platform reserves the right to unilaterally make any changes to this instrument at any time by submitting a notice of change or a new document posted on the Platform.
4.5.1. In the event of User disagreement as to what has changed in these Terms of Use, User may request the deletion of his account by notifying the Platform in accordance with clause 4.3 above.
4.6. The User account that remains without logging in to the Platform for more than ninety (90) days will be considered inactive, but the id and password will remain valid and the User may reactivate their account and update their data at any time.
4.6.1. Content posted by Users whose accounts are inactive may be automatically taken down without notice.
4.7. These Terms of Use will remain in effect even after termination of the User account, and each part shall bear its own responsibilities.
5. General Provisions
5.1. The User authorizes the Gymgles Platform and its Partners to send, at any time, in their name, in the registered email and / or physical address, informative or any other kind of correspondence.
5.2. Users who publish pages on this Platform freely assign and authorize the use of their image, name, voice, and other personal characteristics to Gymgles for disclosure in any media (print or electronic).
5.3. Gymgles is not responsible for the authenticity, accuracy and validity of the registration data provided by Users of this platform, as well as for any damages or losses that they may have or cause to others. It is the sole and exclusive responsibility of each User to keep their data updated.
5.3.1. All images, videos, audios and texts published by Users on this Platform do not necessarily express the opinion of Gymgles, which merely provides a channel for sharing content between individuals and companies.
5.3.2. The Gymgles Platform may use the means it deems necessary to, at any time, verify the accuracy of the information provided by the Users. If you identify any irregularities, the Platform may immediately suspend the User Service.
5.4. The User will be automatically excluded from this platform in case of proven fraud or conduct that may interfere with its results, and may also be liable for a crime of ideological or documentary falsity (without prejudice to expiration from the chargeable event).
5.5. The User will be liable for any damages whatsoever that the Platform may suffer as a result of non-compliance with any of the obligations set forth in these Terms of Use, or the Law. The User agrees to indemnify, defend and hold harmless Gymgles, its founders, partners, sponsors, advisors, employees, representatives, and suppliers of any liability for failure to comply with the rules set forth herein.
5.6. In the event of a third part claim arising out of or in any way related to your use of the Service, you agree to indemnify the Platform, including any foreseeable or unforeseeable expenses arising out of any loss, direct or indirect damage, legal action, adjudication, litigation costs and attorney's fees of any kind or nature.
5.7. The Platform disclaims any liability for damages of any kind that may be due to the lack of availability or continuity in the operation of the service; defrauding its usefulness or its shortcomings and in particular, even if not exclusively, failures to access the web pages of the service or the warning device by e-mail; the knowledge of the class, condition and usage characteristics that Users make of the Service; the lack of truth, accuracy, completeness and timeliness of any data, information or materials made available to Users through the Service; as well as the unlawfulness, truthfulness or effectiveness of the acts and events announced to third parts by the Service Users.
5.8. The Platform intends to notify Users whenever major changes are made to these Terms of Use and any other documents relating to the Platform, however it recommends that the User regularly consult the latest version of each instrument. The Platform may, at its sole and exclusive discretion, modify or revise these Terms of Use and other Policies at any time, and You agree to accept such modifications or revisions.
5.9. This document (written in Brazilian Portuguese) is governed by the Laws of the Federative Republic of Brazil and constitutes the entire agreement between the User and the Platform, taking precedence over any other agreement, verbal or written, made previously between the parts.
5.9.1. Translations of the Portuguese version of the Platform content Gymgles are provided for convenience only. If there is any conflict between the versions, the Portuguese language shall prevail.
5.9.2. Although signed by electronic means, this instrument has legal effectiveness and validity, in accordance with the civil legislation in force in Brazil (articles 422 and 425 of the Civil Code, Law No. 10.406 / 2002), without the possibility of conflict with legal clauses or with the municipality, state or country of residence of the User.
5.9.3. The omission or tolerance of the Platform to enforce strict compliance with the provisions of this document will not constitute novation or waiver, nor will it affect your rights. In addition, if any provision of this instrument is held invalid by any court of competent jurisdiction, the remaining provisions of this instrument will continue to be in full force and effect. The remaining provisions will still be valid and enforceable should any provision of this document be deemed unlawful, void or unenforceable.
5.10. Any claim, legal proceeding or proceeding arising out of the Service will be made solely in the central court of the city of Sao Paulo, state of Sao Paulo, Brazil, and the User accepts the jurisdiction of these courts, waiving any other, however privileged it may be or may come. to be.
5.10.1. You agree that, regardless of any statute or law stating otherwise, any claim or action arising out of your use of the Service must be brought within 1 (one) year after the claim or cause of such action has been commenced, or it will be prevented forever.
5.10.2. Extrajudicial communications or notifications between the parts shall be made in writing using manual, electronic or similar means, provided that in any event the receipt by the opposing part is proved.
5.10.3. Any questions, differences or situations not provided for in this regulation will be judged and decided in a sovereign and unappealable manner by the Gymgles Platform.
5.11. To clarify any doubts or provide any suggestions, the User should contact the company Gymgles using the media provided by it on Website gymgles.com.
5.12. By creating your Gymgles Platform account, you represent that you agree to the conditions set forth herein. If you do not agree with the content of this document, you should not create your Gymgles account.
