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GymFit Exercise Dataset License Agreement

Terms version 1.0. The version of the dataset and the number of the license come with each pack.

This agreement is between Bastien Carcat EI, 60 rue François 1er, 75008 Paris, France, SIREN 993 172 873 ("GymFit", "we"), and the business that bought the license ("you"). The dataset is sold for professional use only: by buying it you confirm that you buy it for a trade, business or professional project, current or planned, including as a sole trader or an independent developer publishing an app, and not as a consumer, and that you may bind the business named at purchase. By downloading or using the dataset, you accept this agreement.

1. Definitions

  • Dataset: the GymFit exercise data delivered to you, in every version and format: names, descriptions, steps, tips, mistakes, muscles, links between exercises, reference lists and identifiers, and any copy, extract, translation or transformation of it. The Dataset is data only: it does not include the services of the GymFit API (search, suggestions, muscle heatmaps, MCP server, calculators), nor images or videos.
  • Your Products: the apps, websites and services that you own or control and offer under your own brand, including a service that several of your customers use under your brand.
  • Substantial part: a part of the Dataset that is substantial in quantity or in value, and in any case 100 exercises or more with their descriptions, steps or muscles. Repeated extractions of smaller parts that add up to it count as a substantial part.

2. What you may do

  1. We grant you a non-exclusive, worldwide, non-transferable license, without the right to sublicense, to use, copy, store, modify, translate and combine the Dataset with your own data, to build and run Your Products, and to show it to the users of Your Products, online or offline, for free or paid users.
  2. The license is perpetual for each version delivered to you, as long as you comply with this agreement.
  3. One license covers one business and all of Your Products, with no limit on their number or revenue. Its affiliates and any other business need their own license. A product offered under another business's brand (white label), or built for a client, needs a license of that business or our written agreement.
  4. A change of control of your business keeps the license.
  5. Your employees and contractors may use the Dataset only to work on Your Products, under a duty of confidentiality. You are responsible for what they do with it.

3. What you may not do

You may not, yourself or through others:

  1. sell, license, rent, lend, give away, share or publish the Dataset or a substantial part of it, in its files or in any other form, including on code repositories, data platforms, file sharing services and marketplaces;
  2. make a substantial part of the Dataset available to third parties in bulk, even for free: through a public archive or storage, an API, a download, an export, a feed or an SDK, or through a product that works as a substitute for the Dataset. Serving to your users the exercises your product shows them, one or a few at a time, is allowed, and so is letting them export their own content, such as their workout history, with the names of the exercises it holds;
  3. use the Dataset to build, enrich or feed a product that competes with GymFit: an exercise database, dataset, API or content library, or a tool to build one;
  4. use the Dataset to train, fine-tune or evaluate a machine learning model, or to generate synthetic data, except a model used only inside Your Products that cannot reproduce the Dataset; include the Dataset in a training set or a corpus given to others; or let an AI assistant, agent or chatbot give its users a substantial part of the Dataset. Search, recommendations, embeddings and assistants that answer your users with the exercises they need are allowed inside Your Products;
  5. remove, change or hide the license information and notices of the Dataset, or try to find, remove or alter the marks that identify your copy, including by comparing copies;
  6. share your GymFit account, your download links or the files of the Dataset beyond the people allowed by section 2;
  7. present Your Products as endorsed by GymFit without our written consent.

4. Your users

  1. Your users may see and use the data that Your Products show them. They receive no right on the Dataset itself.
  2. When Your Products show the Dataset to people outside your business, your terms of use must forbid them to extract it, and you must take reasonable technical measures against its bulk extraction, such as not serving a substantial part of it in a single response and limiting automated requests.
  3. You may ship the Dataset inside an app for offline use, in a form that your users do not receive as the files we deliver, such as the database of the app.

5. Credit

Credit GymFit as "Exercise data by GymFit (gymfit-api.com)", with a link where the medium allows one, in a place your users can reach: the about, credits or legal page of your app, its terms of use or privacy policy, the footer of your website, or the description of your app in an app store. The credit is not required on each screen. A product without credit needs our written agreement.

6. Safekeeping

  1. Keep the Dataset secure: never in a public repository, a public storage or any place open to people not allowed by section 2.
  2. Tell us within 72 hours at contact@gymfit-api.com if you learn that the Dataset, or a substantial part of it, was accessed, copied or published without right, and help us have it removed.
  3. You are responsible for the use of the copies delivered to you, including the copies leaked from your systems, your staff or your contractors.

7. Marks and evidence

  1. Each copy of the Dataset is marked to its license. The marks change neither the meaning nor the content of the data.
  2. You agree that the presence of the marks of your license in a copy of the Dataset, as established by our detection, together with our delivery records, proves that this copy comes from the Dataset delivered to you, unless you prove otherwise.

8. Updates

  1. The updates of the Dataset that we publish within 12 months after your purchase are included: you may download any version published during this period. You may renew it for 12 more months at the price then shown.
  2. We decide the content and the timing of the updates. We may change the format of the files, with notice in the files or by email.
  3. The versions delivered to you remain licensed after the end of the update period.
  4. Support covers the download and the content of the files, by email. It does not cover the integration of the Dataset in Your Products.

9. Price, delivery and refunds

  1. The Dataset is sold through Stripe, which acts as the merchant of record: it processes the payment, collects the applicable taxes and issues the receipt. Stripe's terms also apply to the purchase.
  2. The Dataset is digital content delivered as soon as the payment is confirmed. By buying it, you request its immediate delivery and acknowledge that you lose any right of withdrawal once it is delivered. Once it has been downloaded, the purchase is not refundable, except where the law requires otherwise, or if the files are broken and we cannot replace them.
  3. A purchase refunded or charged back ends the license: you must then delete every copy of the Dataset. Contact us before disputing a payment.

10. Term and termination

  1. This agreement applies as long as you use the Dataset.
  2. We may terminate it by written notice if you breach it and do not cure the breach within 15 days of our notice, and at once in case of a breach of section 3 or 6.
  3. When it ends, you must stop using the Dataset, delete every copy, including the copies inside Your Products and, within 30 days, in your backups, and confirm the deletion in writing within 15 days. The copies already installed on your users' devices by earlier releases of your app are not affected, but no new release may hold the Dataset.
  4. Sections 3, 6, 7, 10.3 and 11 to 18 survive the end of this agreement.

11. Verification

Once a year, or at any time if we have reasonable grounds to suspect a breach, you will confirm in writing within 15 days of our request that you comply with this agreement, and list the products that use the Dataset (name, website or app store page). If a verification reveals a breach, you bear its costs.

12. Breach

  1. A breach of section 3 makes you owe GymFit, as a penalty, 3 times the price of the license for each breach, each publication and each third party that received the Dataset or a substantial part of it, without prejudice to the damages beyond this amount and to the end of the license.
  2. We may also seek any urgent or injunctive measure to stop a breach, including the removal of published copies.

13. Health information

  1. The Dataset describes exercises for general information. It is not medical advice and does not replace a doctor or a qualified coach: an exercise, or the way it is described, may not suit a given person.
  2. You are responsible for reviewing the exercises you offer, for their suitability for your users and for the safety of Your Products. Your Products must show your users appropriate health and safety warnings, including the advice to consult a professional before starting a program.
  3. To the extent permitted by law, we are not liable for any injury suffered by your users or anyone else in doing an exercise of the Dataset.

14. Warranty

The Dataset is provided "as is". We take care to keep it accurate, but we do not warrant that it is complete, accurate or error-free, that it suits a particular purpose, or that updates will be published at a given frequency.

15. Liability

  1. To the extent permitted by law, we are not liable for indirect damages, such as loss of profit, revenue, data or business, and our total liability is limited to the price you paid for the license.
  2. You will indemnify us against claims from your users or third parties that arise from Your Products, from the exercises you offer, or from your breach of this agreement.

16. Ownership and confidentiality

  1. GymFit owns the Dataset: its selection and arrangement, its texts and its data are protected, in particular by the right of the database producer (articles L341-1 and following of the French Intellectual Property Code, Directive 96/9/EC) and by copyright. This agreement grants you a license and transfers no ownership.
  2. Your changes to the Dataset are yours, but the data of the Dataset they hold remains under this agreement.
  3. The files of the Dataset are confidential: you may not disclose them beyond the people allowed by section 2.

17. Transfer

You may not transfer this license, except to the buyer of the whole product or business that uses the Dataset, with written notice to us, if the buyer accepts this agreement and you delete your own copies.

18. Law and courts

This agreement is governed by French law. Any dispute falls under the exclusive jurisdiction of the courts of Paris, France. If any provision is found invalid, the others remain in force.

19. Changes

We may change this agreement. The versions of the Dataset delivered before a change remain under the terms you accepted; the updates delivered after it come with the new terms, which you accept by downloading them.

20. Contact

For any question about this license, write to contact@gymfit-api.com.