Terms of Service
Last updated: May 2026
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.
2. Identity of the entrepreneur
Gymies is a sole proprietorship under Dutch law. Trade name: Gymies Registered address: Amsterdam, the Netherlands Email address: info@gymies.nl Website: https://www.gymies.nl Chamber of Commerce number: [available upon request] VAT identification number: [available upon request] Gymies can be reached on weekdays from 09:00 to 17:00 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 available in Dutch, English, German, French and Spanish. In the event of any conflict between the different 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 or by contacting Gymies. After deletion, personal data will be processed in accordance with the Privacy Policy.
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 the Trainer has confirmed the booking and the payment has been processed. 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 and offer an alternative or issue a refund. 6.5. Gymies is not liable for the failure of a Trainer to fulfil a Session, regardless of the reason.
7. Payments
7.1. All payments for Sessions are processed via the secure payment system of Mollie B.V. (hereinafter: "Mollie"). Gymies accepts payments via 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. Gymies charges a service fee for the use of the Platform. This fee is clearly displayed before the payment is finalised. 7.5. Gymies transfers the received payments, after deduction of the service fee, to the Trainer in accordance with the agreed payment cycle. 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.
8. Cancellation and refunds
8.1. Each Trainer sets their own cancellation policy, which is displayed on the Trainer's profile. The Client is obliged to review these conditions before booking a Session. 8.2. If the Client cancels within the period specified by the Trainer, (part of) the session fee may be withheld in accordance with the Trainer's cancellation policy. 8.3. If the Trainer cancels, the Client is entitled to a full refund of the session fee paid. 8.4. Refunds are processed via the same payment method as the original payment. Processing time depends on the payment method and the Client's bank, but typically takes 5 to 10 business days. 8.5. Gymies may, in exceptional cases and at its reasonable discretion, decide to issue a refund, for example in the event of disputes regarding the quality of a Session. 8.6. 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) present a valid proof of identity during the verification process; c) are registered as a self-employed entrepreneur with the Chamber of Commerce (where applicable); 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.
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. Reviews and ratings
11.1. After a Session, the Client may post a review and/or rating about the Trainer and the Session. 11.2. Reviews must be truthful, honest and respectful. Posting false, misleading, offensive, discriminatory or defamatory reviews is prohibited. 11.3. Gymies reserves the right to remove or reject reviews that violate these Terms, the law or public decency. 11.4. The Trainer has the right to respond to posted reviews. 11.5. 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.
12. Messages and communication
12.1. The Platform offers a messaging feature through which Clients and Trainers can communicate with each other. 12.2. Messages may only be used for communication related to the use of the Platform and the booking or performance of Sessions. 12.3. 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. 12.4. Gymies stores messages for the duration that both Accounts are active, or as long as legally required. Gymies may access messages when necessary for investigating reports, disputes, fraud or violations of these Terms. 12.5. Gymies processes message data in accordance with the Privacy Policy.
13. Location services
13.1. The Platform uses location data to help Clients find Trainers in their area. Location data is processed in accordance with the Privacy Policy. 13.2. 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. 13.3. Location data is not shared with third parties, except as described in the Privacy Policy.
14. Prohibited use
14.1. 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 Gymies' service fee; 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. 14.2. 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.
15. Intellectual property
15.1. 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. 15.2. The User receives a limited, personal, non-exclusive, non-transferable and revocable right of use of the Platform for the duration of the Account. 15.3. 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. 15.4. 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. 15.5. 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.
16. Liability
16.1. 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. 16.2. 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. 16.3. 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. 16.4. 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. 16.5. 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.
17. Indemnification
17.1. 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. 17.2. 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.
18. Suspension and termination
18.1. 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. 18.2. Upon termination of the Account, all rights and licences granted to the User shall lapse. Outstanding payment obligations shall remain in full force. 18.3. The User may terminate their Account at any time. After termination, personal data will be processed in accordance with the Privacy Policy.
19. Force majeure
19.1. 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. 19.2. 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. 19.3. If the force majeure continues for more than 90 days, both parties are entitled to dissolve the agreement, without any obligation to pay damages.
20. Complaints procedure and disputes
20.1. Complaints about the Platform or the Services may be submitted via gymies.nl/contact or by email to info@gymies.nl. 20.2. 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. 20.3. 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. 20.4. Consumers may also submit disputes to the European Online Dispute Resolution platform (ODR): https://ec.europa.eu/consumers/odr/. This platform offers the possibility of resolving complaints about online purchases electronically.
21. Privacy and personal data
21.1. 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. 21.2. The Privacy Policy of Gymies, available at gymies.nl/privacy, forms an integral part of these Terms of Service. 21.3. By using the Platform, the User consents to the processing of personal data as described in the Privacy Policy.
22. Notifications and communications
22.1. Gymies may send notifications to Users via email, push notifications, in-app messages or via the Platform itself. 22.2. 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. 22.3. 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.
23. Amendments to these terms
23.1. Gymies reserves the right to amend or supplement these Terms of Service. Amended terms shall take effect 30 days after publication, unless otherwise stated. 23.2. 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. 23.3. 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. 23.4. Previous versions of these Terms of Service are available upon request via info@gymies.nl.
24. Applicable law and competent court
24.1. These Terms of Service and all agreements arising therefrom are exclusively governed by Dutch law (Nederlands recht). 24.2. 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. 24.3. 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. 24.4. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
25. Contact
For questions, comments or complaints regarding these Terms of Service, you may contact Gymies: Email: info@gymies.nl Contact form: gymies.nl/contact Website: https://www.gymies.nl