Terms of Service
1. Definitions
The following terms are used in these Terms of Service: a) Gymies: the sole proprietorship Gymies, established in Amsterdam, registered with the Chamber of Commerce, which operates the Platform. b) Platform: the website gymies.nl, the mobile application "Gymies" (available via the Apple App Store and Google Play Store), and all associated services, functionalities and communication tools. c) User: any natural person or legal entity who visits the Platform, creates an Account, or otherwise makes use of the services of Gymies. This includes both Clients and Trainers. d) Client: the User who creates an Account with the purpose of searching, comparing and booking personal trainers via the Platform. e) Trainer: the self-employed personal trainer who offers training sessions and/or related services to Clients via the Platform. f) Account: the personal user profile that a User creates on the Platform, secured with login credentials. g) Session: an individual training appointment booked via the Platform between a Client and a Trainer, at an agreed date, time and location. h) Services: all functionalities that Gymies offers via the Platform, including searching for Trainers, booking Sessions, processing payments, exchanging messages and posting reviews. i) Agreement: the agreement concluded between the Client and the Trainer for the performance of a Session. Gymies is not a party to this agreement. j) Content: all texts, images, videos, reviews, profiles and other materials posted on the Platform by Users or by Gymies. k) Group Session: a Session that a Trainer offers via the Platform to several Clients at once (see article 11).
2. Identity of the entrepreneur
Gymies is a trade name of MDJI Group, a sole proprietorship under Dutch law. Business name: MDJI Group Trade names: Gymies, GYMIESNL, MDJI Services Registered address: Karel Klinkenbergstraat 81-3, 1061 AJ Amsterdam, the Netherlands Email address: gymiesapp@hotmail.com Website: https://www.gymies.nl Chamber of Commerce number: 98545205 VAT identification number: NL005338010B46 Gymies can be reached via the contact form at gymies.nl/contact or by email.
3. Applicability
3.1. These Terms of Service apply to all use of the Platform, to every offer by Gymies, to every Agreement concluded via the Platform, and to all legal relationships arising therefrom. 3.2. By creating an Account, placing a booking, or otherwise using the Platform, the User declares to have read and accepted these Terms of Service. 3.3. Gymies expressly rejects the applicability of any terms or conditions of the User. 3.4. If one or more provisions of these Terms of Service are void or annulled, the remaining provisions shall remain in full force and effect. Gymies shall replace the void or annulled provision(s) with a provision that reflects the intent of the original provision as closely as possible. 3.5. Deviations from these Terms of Service are only valid if expressly confirmed in writing by Gymies. 3.6. These terms are currently published in Dutch and English. In the event of any conflict between the language versions, the Dutch version shall prevail.
4. Account and registration
4.1. In order to use certain Services on the Platform, the User must create an Account. Registration is free of charge. 4.2. The User warrants that the information provided during registration is accurate, complete and up to date. The User is obliged to update any changes to their information in their Account without delay. 4.3. The User is solely responsible for keeping their login credentials confidential. All actions performed via the User's Account shall be deemed to have been performed by the User themselves. 4.4. The Account is strictly personal and may not be transferred to third parties, nor may a User create multiple Accounts without prior written consent from Gymies. 4.5. The User must be at least 16 years of age to create an Account. Users between 16 and 18 years of age must have consent from a legal representative. 4.6. Gymies reserves the right to refuse, suspend or delete Accounts in the event of (suspected) abuse, provision of incorrect information, violation of these Terms, or if Gymies reasonably deems this necessary for the safety or integrity of the Platform. 4.7. The User may delete their Account at any time via the settings in the app, via Account on the website (gymies.nl/mijn) or by contacting Gymies. After deletion, personal data will be processed in accordance with the Privacy Policy. 4.8. To protect your Account, you are logged out automatically after 14 days without activity.
5. Services and role of Gymies
5.1. Gymies acts exclusively as an intermediary platform that connects Clients and Trainers. Gymies is not a party to the Agreement concluded between Client and Trainer. 5.2. Gymies is not an employer of Trainers. Trainers operate as independent entrepreneurs and are solely responsible for the content, quality and performance of their services. 5.3. Gymies does not guarantee that the Platform will be available, complete or error-free at all times. Gymies endeavours to keep the Platform available 24 hours a day, 7 days a week, but cannot guarantee uninterrupted operation of the Platform. 5.4. Gymies reserves the right to (temporarily) take the Platform out of service for maintenance, updates or improvements, without this giving rise to any right to compensation. 5.5. Gymies may at any time modify, add or remove functionalities of the Platform. Gymies shall endeavour to inform Users of material changes in a timely manner.
6. Bookings
6.1. A Client may book a Session with a Trainer via the Platform. A booking becomes final once it is shown as confirmed in the app or on the website. With online payment this happens as soon as the payment has been received. 6.2. The Agreement for a Session is concluded between the Client and the Trainer. Gymies facilitates this agreement but is not a party to it. 6.3. The Client is responsible for verifying the accuracy of the booking details (date, time, location, type of session) before confirming the booking. 6.4. The Trainer is obliged to honour confirmed bookings, unless there is a case of force majeure. If the Trainer is unable to honour a confirmed booking, the Trainer must inform the Client as soon as possible; the Client then receives the full amount back (article 8.6). 6.5. Gymies is not liable for the failure of a Trainer to fulfil a Session, regardless of the reason. 6.6. In regions where Gymies is not yet fully open, a Client can only book with an invite code from a Trainer. Without a code, the Client can join the waitlist for that region. 6.7. A Session that must be paid online and for which payment has not been received within the set period lapses automatically. The Client and the Trainer are notified.
7. Payments
7.1. Online payments for Sessions are processed via the secure payment system of Mollie B.V. (hereinafter: "Mollie"), using iDEAL, credit card and other payment methods supported by Mollie. 7.2. The price of a Session is determined by the Trainer and is displayed on the Trainer's profile. All listed prices include VAT, unless explicitly stated otherwise. 7.3. Payment takes place at the time of booking or at the time of confirmation by the Trainer, depending on the configuration. 7.4. Trainers pay a subscription for the use of the Platform. In addition, Gymies charges a service fee per paid Session (currently € 0.49). The Client pays this service fee on top of the Trainer's price; it is included in the price the Client sees from the start of booking and shown separately before payment. The Trainer receives their full rate. Service fees paid by the Client are not refunded if the Client cancels, except when cancelling within 15 minutes of booking (art. 8.2). If the Trainer cancels, the service fee is refunded as well (art. 8.6). Gymies does not charge a percentage of the session price as commission. 7.5. Gymies transfers the received session payments to the Trainer in accordance with the agreed payment cycle and the applicable payment and security checks. 7.6. Invoices and payment summaries are available in the User's Account. The User is solely responsible for retaining this information for tax purposes. 7.7. In the event of non-payment or a chargeback, Gymies reserves the right to suspend the User's Account and charge any additional costs. 7.8. Gymies is not responsible for any additional charges imposed by the User's bank or payment provider. 7.9. Cash payment is not possible. All payments for Sessions, Group Sessions and Class Packs go through Gymies. 7.10. If a payment confirmation from Mollie does not arrive (on time), Gymies automatically checks the status of the payment with Mollie again.
7A. Invoices and payments on behalf of the Trainer
7A.1. The Trainer instructs Gymies to draw up invoices and credit notes for the Client on behalf of and in the name of the Trainer, for every Session, Group Session and Class Pack paid via the Platform (outsourced invoicing). The Trainer is the supplier of the service; Gymies is not a party to the Agreement (articles 5.1 and 6.2). The Trainer gives this instruction when registering or later in the app, and cannot withdraw it separately from using payments via the Platform. 7A.2. For this, Gymies uses a consecutive number series per Trainer and the business details and VAT choice (21%, 9% or the small business scheme) that the Trainer enters in their Account. The Trainer is responsible for the accuracy of those details, for the chosen VAT treatment and for their own VAT return. If the Trainer notices an error on an invoice, they report it within 14 days; Gymies then issues a credit note and a new invoice. 7A.3. Gymies issues the invoice as soon as the Client has paid and the Session is confirmed (for a Group Session: as soon as the Client has paid after it goes ahead; for a Class Pack: on purchase), and a credit note for a (partial) refund. Invoices are available in the Account of the Trainer and of the Client. 7A.4. Gymies receives payments from Clients on behalf of the Trainer. A payment by the Client to Gymies counts as a payment to the Trainer. Gymies transfers the session amount in accordance with article 7.5, after settling refunds and fees (articles 9.7 and 11.8). 7A.5. With every payout the Trainer receives a payout statement. This is a specification and not an invoice. For the subscription, the Trainer receives an invoice from Gymies. 7A.6. If the Client pays a service fee (article 7.4), they receive an invoice from Gymies for it. If the Client wants an invoice in a company name, they enter their company details in their Account before paying. 7A.7. If the Client's bank reverses a payment (chargeback), Gymies issues a credit note and may set off the amount against the next payout to the Trainer, unless the reversal is caused by Gymies. 7A.8. Gymies keeps invoices, credit notes and payout statements for at least seven years, also after the Account has ended (statutory retention obligation). Every User remains responsible for their own records (article 7.6).
8. Cancellation and refunds
8.1. Gymies applies one platform cancellation policy for 1-on-1 bookings. The same policy applies to all trainers, so clients know the cancellation terms before booking. For group sessions the rules of article 11 apply. 8.2. A Client may cancel within 15 minutes after booking without cancellation costs. 8.3. If the Client cancels more than 48 hours before the Session, the Client receives a full refund. 8.4. If the Client cancels between 24 and 48 hours before the Session, the Client receives a full refund. 8.5. If the Client cancels less than 24 hours before the Session, no refund is due. 8.6. If the Trainer cancels, the Client receives a full refund of the amount paid, including the service fee. 8.7. Refund processing time depends on the payment method and the Client's bank, but typically takes 5 to 10 business days. 8.8. Gymies may, in exceptional cases and at its reasonable discretion, decide to issue an additional refund, for example in the event of disputes regarding the quality of a Session. 8.9. The right of withdrawal (14-day cooling-off period) under the Distance Selling Act does not apply to Sessions that take place on a specifically agreed date and time, as this concerns a service for which performance has begun with the Client's consent before the end of the cooling-off period (Article 6:230p paragraph 1 sub a of the Dutch Civil Code).
9. Trainer obligations
9.1. The Trainer warrants that they: a) hold valid and relevant certifications, diplomas or qualifications for the services offered; b) fully cooperate with the Gymies verification process and provide correct information; c) are registered as a self-employed entrepreneur with the Chamber of Commerce and provide a correct Chamber of Commerce number; d) hold appropriate professional liability insurance; e) perform Sessions at the agreed time, location and in a professional manner. 9.2. The Trainer is solely responsible for complying with all applicable laws and regulations, including tax legislation, health and safety regulations, and regulations relating to sport and health. 9.3. The Trainer is obliged to keep their profile information, availability and prices up to date. 9.4. The Trainer must conduct themselves in a professional and respectful manner towards Clients and other Users of the Platform. 9.5. Gymies reserves the right to remove or suspend the profile of a Trainer who does not meet the requirements set out in this article. 9.6. A Trainer only becomes bookable after completing the verification process and being approved by Gymies. After approval the profile shows the label "Checked by Gymies". This label is not a judgement on the Trainer's diplomas, quality or results. 9.7. If a Trainer cancels a confirmed Session less than 24 hours in advance, or does not show up, the Client receives a full refund and Gymies may charge the Trainer a fee of € 25. For group sessions art. 11.8 applies. 9.8. Gymies determines the order in which Trainers appear in the search results based on, among other things, distance, reviews, completed Sessions, response speed and the completeness of the profile. In the app the Trainer can see how their visibility is built up.
10. Client obligations
10.1. The Client is obliged to arrive at the agreed location on time for a Session. 10.2. The Client is responsible for providing accurate and complete information about their health condition, physical limitations and any medical conditions relevant to the Session. 10.3. The Client declares that they are physically capable of participating in the booked Session. In case of doubt, Gymies recommends consulting a doctor first. 10.4. The Client must conduct themselves in a respectful and appropriate manner towards the Trainer and other Users of the Platform. 10.5. The Client may not post any illegal, offensive, discriminatory or otherwise unlawful Content on the Platform.
11. Group sessions
11.1. A Trainer with a subscription that includes group sessions (currently Pro and Pro+) can offer a Group Session via the Platform: a Session for several Clients at once, with a fixed date, time and location, a price per participant and a minimum and maximum number of participants. 11.2. The price per participant is shown before signing up, including the service fee (art. 7.4). The service fee applies per participant. 11.3. Signing up for a Group Session is free. The Client only pays once the minimum number of sign-ups has been reached; the Group Session then goes ahead. The Client receives a payment request and pays within 24 hours, and no later than 2 hours before the start. Anyone who signs up after the Group Session goes ahead pays within 30 minutes. If payment is not made on time, the spot lapses and goes to the first person on the waiting list. 11.4. If the minimum number of sign-ups has not been reached at the moment chosen by the Trainer (by default 24 hours before the start), the Group Session does not go ahead. Nothing has been paid and no refund follows. The same applies if nobody has paid after all payment terms have expired. 11.5. If a Group Session is full, the Client can join the waiting list. When a spot becomes available, the first person on the waiting list is signed up automatically. If the Group Session is already going ahead, that Client has 30 minutes to pay. 11.6. A Client can cancel free of charge as long as they have not paid. After payment: within 15 minutes of paying the Client receives the full amount back, including the service fee; up to 24 hours before the start the Client receives the price of the Group Session back, but not the service fee; after that no refund is due. 11.7. If the Trainer cancels a Group Session, every Client who has already paid receives the full amount back, including the service fee (art. 8.6). A Client who had not yet paid pays nothing. 11.8. If a Trainer cancels a Group Session while Clients have signed up, the Trainer receives a warning the first time. For every subsequent cancellation Gymies may charge the Trainer a fee of € 25, which is set off against the next payout. No fee is due if nobody had signed up, or if fewer Clients than the minimum have paid after all payment terms have expired. 11.9. After the Group Session the Trainer receives the price per participant for every paying participant (excluding the service fee), with the monthly payout (art. 7.5). The spot of a Client who cancelled less than 24 hours before the start counts as well. 11.10. A Group Session is only visible and bookable under the same conditions as a 1-on-1 Session with that Trainer, including art. 6.6. Otherwise the provisions on Sessions apply accordingly.
12. Reviews and ratings
12.1. After a Session, the Client may post a review and/or rating about the Trainer and the Session. 12.2. Reviews must be truthful, honest and respectful. Posting false, misleading, offensive, discriminatory or defamatory reviews is prohibited. 12.3. Gymies reserves the right to remove or reject reviews that violate these Terms, the law or public decency. 12.4. The Trainer has the right to respond to posted reviews. 12.5. Gymies verifies whether a review originates from a Client who has actually booked a Session with the relevant Trainer. Only verified bookings may post reviews.
13. Messages and communication
13.1. The Platform offers a messaging feature through which Clients and Trainers can communicate with each other. 13.2. Messages may only be used for communication related to the use of the Platform and the booking or performance of Sessions. 13.3. It is prohibited to use the messaging feature to send spam, advertisements, chain letters, illegal content, offensive messages, or personal contact details with the intention of circumventing the Platform. 13.4. Gymies stores messages encrypted, up to 24 months after the last activity; messages in a support request or dispute up to 7 years. Gymies may access messages when necessary for investigating reports, disputes, fraud or violations of these Terms. 13.5. Gymies processes message data in accordance with the Privacy Policy.
14. Location services
14.1. The Platform uses location data to help Clients find Trainers in their area. Location data is processed in accordance with the Privacy Policy. 14.2. The Client may enable or disable location services via the settings on their mobile device. Disabling location services may limit the functionality of the Platform. 14.3. Location data is not shared with third parties, except as described in the Privacy Policy. 14.4. On the map and in the search results Gymies only shows the area where a Trainer trains, never the exact address. The Client only sees the exact training address after a confirmed booking.
15. Prohibited use
15.1. The User is prohibited from: a) using the Platform for any purpose that violates the law, public order or public decency; b) impersonating another person or entity; c) providing false, misleading or fraudulent information; d) disrupting, manipulating or undermining the operation of the Platform (including the use of bots, scrapers, malware or similar tools); e) using the Platform to contact Trainers or Clients directly outside the Platform, with the intention of circumventing platform payments, subscription fees or Gymies' safety checks; f) gaining unauthorised access to systems, networks or data of Gymies or other Users; g) infringing intellectual property rights of Gymies or third parties; h) posting content that is discriminatory, offensive, threatening, hateful or pornographic in nature; i) collecting, storing or distributing personal data of other Users without their explicit consent. 15.2. In the event of a violation of this article, Gymies is entitled to immediately suspend or delete the Account, without any right to a refund of any balance or outstanding payments.
16. Intellectual property
16.1. All intellectual property rights relating to the Platform, including but not limited to the software, design, texts, images, logos, trade names, brand names and databases, are vested exclusively in Gymies or its licensors. 16.2. The User receives a limited, personal, non-exclusive, non-transferable and revocable right of use of the Platform for the duration of the Account. 16.3. The User is not permitted to copy, reproduce, modify, publish, distribute, reverse-engineer or otherwise exploit any part of the Platform without prior written consent from Gymies. 16.4. By posting Content on the Platform, the User grants Gymies a non-exclusive, royalty-free, worldwide licence to use, display and distribute such Content for the operation and promotion of the Platform. 16.5. The User warrants that they are the rightful owner of the posted Content and that such Content does not infringe any rights of third parties.
17. Liability
17.1. Gymies is not liable for any direct or indirect damage, including but not limited to personal injury, property damage, consequential damage, loss of profit or missed savings, arising from or in connection with: a) the use of the Platform or the inability to use the Platform; b) the content, quality or performance of Sessions by Trainers; c) acts or omissions of Trainers or Clients; d) inaccurate or incomplete information on the Platform; e) unauthorised access to or modification of User data; f) disruptions, interruptions or delays of the Platform. 17.2. Trainers are solely responsible for obtaining and maintaining appropriate professional liability insurance. Gymies accepts no liability for damage resulting from the absence of such insurance. 17.3. If, notwithstanding the provisions of this article, Gymies is found to be liable, such liability shall be limited to the amount paid out by Gymies' liability insurance in the relevant case. If no payment is made under the insurance, liability shall be limited to the amount the User has paid to Gymies in the 3 months preceding the event causing the damage, with a maximum of EUR 500. 17.4. The Client participates in Sessions at their own risk. The Client is solely responsible for assessing whether a Session is suitable for their physical condition. 17.5. The limitations of liability set out in this article do not apply if the damage is the result of intent or wilful recklessness on the part of Gymies.
18. Indemnification
18.1. The User indemnifies Gymies, its director(s), employees and representatives against all claims, damages, costs and expenses (including legal fees) arising from or in connection with: a) the User's use of the Platform; b) the User's violation of these Terms of Service; c) the User's infringement of third-party rights; d) Content posted by the User on the Platform. 18.2. The Trainer indemnifies Gymies against all claims from Clients or third parties related to the performance of Sessions, the quality of services, or the absence of required certifications or insurance.
19. Suspension and termination
19.1. Gymies is entitled to immediately suspend or terminate a User's Account, without prior notice of default and without being liable for damages, if: a) the User acts in violation of these Terms of Service; b) the User acts fraudulently or there is a reasonable suspicion of fraud; c) the User misuses the Platform or endangers the safety or integrity of the Platform; d) the User repeatedly causes negative experiences for other Users; e) this is required by a legal obligation or court order. 19.2. Upon termination of the Account, all rights and licences granted to the User shall lapse. Outstanding payment obligations shall remain in full force. 19.3. The User may terminate their Account at any time. After termination, personal data will be processed in accordance with the Privacy Policy.
20. Force majeure
20.1. Gymies is not obliged to fulfil any obligation if it is prevented from doing so by force majeure. Force majeure means any circumstance beyond the control of Gymies, as a result of which the fulfilment of obligations is wholly or partially prevented. 20.2. Force majeure includes in any case: natural disasters, government measures, epidemics or pandemics, strikes, disruptions to the internet or telecommunications network, power outages, fire, theft, cyber attacks, shortcomings of suppliers or other third parties on whom Gymies depends. 20.3. If the force majeure continues for more than 90 days, both parties are entitled to dissolve the agreement, without any obligation to pay damages.
21. Complaints procedure and disputes
21.1. Complaints about the Platform or the Services may be submitted via gymies.nl/contact or by email to gymiesapp@hotmail.com. 21.2. Gymies aims to respond to complaints substantively within 14 days of receipt. If a longer processing time is required, the User will receive a confirmation with an indication of the expected timeframe. 21.3. In the event of disputes between a Client and a Trainer, Gymies may mediate upon request, but is not obliged to do so. Gymies is not a party to the Agreement between Client and Trainer. 21.4. If Gymies and a consumer cannot resolve a dispute together, the consumer may submit it to the competent court. (The European ODR platform for online disputes closed on 20 July 2025.)
22. Privacy and personal data
22.1. Gymies processes personal data of Users in accordance with the General Data Protection Regulation (GDPR), the Dutch GDPR Implementation Act and other applicable privacy legislation. 22.2. The Privacy Policy of Gymies, available at gymies.nl/privacy, forms an integral part of these Terms of Service. 22.3. The Privacy Policy explains which personal data Gymies processes, for what purpose and on what legal basis. Where Gymies needs consent (for example for usage statistics in the app), Gymies asks for it separately and the User can always withdraw it.
23. Notifications and communications
23.1. Gymies may send notifications to Users via email, push notifications, in-app messages or via the Platform itself. 23.2. The User is responsible for keeping their contact details up to date. Gymies is not liable for the non-receipt of messages as a result of incorrect contact details. 23.3. A notification sent by email shall be deemed to have been received on the day after dispatch. A notification via the Platform shall be deemed to have been received at the time of posting.
24. Amendments to these terms
24.1. Gymies reserves the right to amend or supplement these Terms of Service. Amended terms shall take effect 30 days after publication, unless otherwise stated. 24.2. In the event of material changes, Users will be informed at least 30 days before the effective date via email and/or a notification on the Platform. 24.3. If the User does not agree with the amended terms, the User may terminate their Account before the new terms take effect. Continued use of the Platform after the amended terms take effect implies acceptance. 24.4. Previous versions of these Terms of Service are available upon request via gymiesapp@hotmail.com. 24.5. For changes to the arrangements on invoices and payments (article 7A), Gymies asks for explicit consent in the app or on the website. Gymies records who accepted which version and when.
25. Applicable law and competent court
25.1. These Terms of Service and all agreements arising therefrom are exclusively governed by Dutch law. 25.2. All disputes arising from or in connection with these Terms of Service shall be submitted to the competent court in the district of Amsterdam (arrondissement Amsterdam), unless mandatory law prescribes a different court. 25.3. If the User is a consumer, they have the right to choose the legally competent court within one month after Gymies has invoked the above forum selection clause. 25.4. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
26. Contact
For questions, comments or complaints regarding these Terms of Service, you may contact Gymies: Email: gymiesapp@hotmail.com Contact form: gymies.nl/contact Website: https://www.gymies.nl