TERMS AND CONDITIONS OF SERVICE CONTRACTING: GYMDER

OCTOBER 01, 2025

The following are the Terms and Conditions of Contract (hereinafter, "Terms") governing the Gymdermodule (hereinafter, the "Module" or "Gymder"), so we recommend that you take a few minutes to read them.

The application is owned by INTELINOVA SOFTWARE S.L. (hereinafter referred to as "TRAININGYM" or the "Provider"), VAT number B04726873.

The use of the Gymder module is completely optional and is offered independently from the rest of the functionalities of the Trainingym application. The non-use of this module does not limit or restrict in any way the access or use of the other functionalities available in the application.

PLEASE TAKE A FEW MINUTES TO READ OUR TERMS AND CONDITIONS OF SERVICE CONTRACTING, IT WON'T TAKE YOU LONG .

DESCRIPTION OF THE SERVICES OFFERED

Welcome to Gymder, an innovative module integrated in the Trainingym Software, designed to allow users of sports centers to connect with each other based on interests, personal preferences and shared sports activities. Gymder is more than just a social functionality; it has been conceived to encourage interaction between people who share a healthy lifestyle and a connection to the world of fitness and physical activity.

Through Gymder, users will be able to create and customize their profile, view profiles of other users with similar interests and establish contact through social interaction functionalities. The application provides communication tools such as chat and the ability to share content securely and privately.

Gymder may in the future incorporate additional premium services or special promotions, which may be subject to additional fees.

These Terms regulate the use of the Gymder module by users, as well as the contracting of products or services that may be offered through the module. Each time a user activates the Gymder module or contracts any of the products or services offered through the Application, it is understood that he/she expressly accepts these Terms, as well as any special conditions that may be applicable, all in accordance with current Spanish legislation.

The use of Gymder implies acceptance of the following:

• That the user expresses interest in accessing the social services offered through Gymder, having sufficient legal capacity to do so, in accordance with the terms set forth in these Terms.
• That the user expressly declares to have read, understood and accepted, without reservation, the present Terms, which are available to the user on a permanent basis.
• That, by means of such acceptance, a valid contract is entered into between the parties in accordance with these Terms and the applicable legislation, with the user assuming the commitment to pay, if applicable, the fees corresponding to the payment services contracted.
• That the user also accepts the notices, rules of use and instructions made known to him/her by Gymder, the non-acceptance of which will be equivalent to withdrawal from this contract and, therefore, to the termination of access to the module.
• That the language in which the contract is formalized and in which the services are provided is Spanish.

FUNCTIONALITIES SUBJECT TO PAYMENT

At present, access to and use of the Gymder module is offered free of charge to end users. However, the Parties acknowledge and accept that, in the future, the Supplier may enable certain functionalities, services or products subject to payment within the aforementioned module.

In such event:

1. Contracting Requirements. Users wishing to purchase goods or services through Gymder must be at least eighteen (18) years of age and must guarantee that the information provided in the registration process and, if applicable, the purchase process, is truthful, accurate and complete. Supplier may request at any time the necessary supporting documentation to verify compliance with these Terms.
2. Methods of Payment. Payments will be processed through external services, applying the conditions and policies of such platforms, as well as the tax regulations in force in the corresponding jurisdiction.
3. Prices. The amount of the subscriptions, additional services or products offered will be specified at the time of purchase and may be modified by the Provider, prior notification to the user before renewal or new contracting, so that the user may decide whether to continue or cancel the service.
4. Return and Refund Policy. All purchases and subscriptions made shall be final and non-refundable, except in cases where applicable law provides otherwise. In particular, users residing in the European Union shall have the right to withdraw from the contract within fourteen (14) days from the formalization, in accordance with the provisions of current regulations on consumers and users.

Until said payment functionalities are enabled, this clause shall be merely informative and provisional in nature, without generating any economic obligation whatsoever for the users.

LIABILITY

Gymder is offered exclusively for personal and non-commercial use. The User is solely responsible for the use of the Module, as well as for the information provided and the interactions with other users.

The user, by accepting these Terms, expressly agrees to:

• Not to perform any action intended to impair, block, damage, render useless or overload, temporarily or permanently, the functionalities, tools, contents and/or the technological infrastructure of the Module, in such a way as to prevent its normal use.
• To safeguard and maintain the confidentiality of the access credentials associated with their profile, being responsible for the use of such credentials, personal and non-transferable, by third parties.
• Not to introduce or disseminate through the Module content that is libelous, slanderous, offensive or contrary to the fundamental rights of other users or third parties.
• Not to use the materials, functionality or information contained in the Module for illegal purposes or expressly prohibited in these Terms, or perform actions that are contrary to the rights and legitimate interests of INTELINOVA SOFTWARE S.L., other users or third parties.
• Not to offer or distribute products or services, or carry out advertising, commercial communications or unsolicited promotional activities to other users of the Module, unless prior and express authorization from INTELINOVA SOFTWARE S.L.

The Provider does not guarantee that the use of Gymder will produce a specific result (such as establishing contacts, friendships or relationships), but merely makes available to users a technological intermediation tool.

The Provider shall not be liable for:

• Losses or damages arising from false, incomplete or inaccurate information provided by users.
• The improper use of the application by users or third parties.
• The temporary impossibility of accessing the Module due to maintenance tasks, technical incidents, network failures or other causes beyond the reasonable control of the Provider.
• The contents, communications or conduct of the users, who are solely responsible for their actions inside and outside the platform.

This clause does not affect or limit the rights recognized to consumers by the applicable legislation on the defense of consumers and users.

INTELLECTUAL AND INDUSTRIAL PROPERTY

The information or elements contained in the Module (including texts, documents, photographs, drawings, graphic representations, among others), as well as logos, trademarks, trade names or other distinctive signs, are protected by intellectual or industrial property rights, of which INTELINOVA SOFTWARE S.L. is the owner or holds authorization for use and public communication of the legitimate owners of the same. The user agrees to use the contents in a diligent and correct manner, in accordance with the law, morality and public order. INTELINOVA SOFTWARE S.L. authorizes the user to view the information contained in the Module, as well as to make private reproductions (simple downloading and storage activity in their computer systems), provided that the elements are intended solely for personal use. In no case, this will mean an authorization or license on the property rights of INTELINOVA SOFTWARE S.L. or the legitimate owners of the same.

The user is not authorized to proceed to the distribution, modification, transfer or public communication of the information contained in this Module in any form and whatever its purpose.

APPLICABLE LAW AND JURISDICTION

These General Terms of Contract are governed, in each and every one of its ends, by the applicable Spanish law, being applicable, in case of conflict or divergence in the interpretation and/or execution of the same, or any other of the particular conditions, policies and other legal notices provided on the platform, waiving any other jurisdiction that may correspond to the parties, to the competent Courts and Tribunals of Almeria. However, when the Customer has the legal status of consumer, litigious matters shall be submitted to the competent Courts and Tribunals in the domicile of the consumer or in the place of fulfillment of the obligation.

Without prejudice to the fact that Customers may file the appropriate complaint or claim by addressing protecciondatos@intelinovasoftware.com in relation to the services provided by TRAININGYM, Customers are informed that they may resort to the Online Platform for Dispute Resolution developed by the European Commission, in accordance with the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, concerning the resolution of consumer disputes. To access said platform you may do so by CLICKING HERE.

MODIFICATION OF CONDITIONS, POLICIES AND LEGAL NOTICES.

TRAININGYM reserves the right to make changes, at any time, in its platform, in the policies, terms and conditions applicable to it or to the sale of products articulated through the same, including therefore these Terms. In general, the user and customer shall be subject to the terms and conditions, policies and conditions of contracting in force at the time of contracting, being informed, to the extent reasonably and technically possible, of any projected change in this area, sufficiently in advance for their due knowledge. If any of these Terms should be declared invalid, void or for any reason ineffective, it shall be deemed excluded without such declaration affecting the validity or enforceability of the remaining conditions.