Podmínky používání a prodeje - Gymkee Trenéři

Last updated: March 23, 2026

Tento dokument je k dispozici ve francouzštině (závazná verze) a angličtině. V případě rozporu má přednost francouzská verze.

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KEEZOKU, a simplified joint-stock company with a capital of €5,000.00, registered with the Paris Trade and Companies Register under number 847 647 054, with its registered office at 60 rue François Ier, 75008 Paris, France, VAT number FR38847647054 (hereinafter referred to as "Gymkee", "we", "our"),

And:

Any individual or legal entity engaged in a professional activity of sports coaching, personal training, or wellness support, who creates a professional account on Gymkee (hereinafter the "Coach", "you", "your").

PREAMBLE

Gymkee is a software as a service (SaaS) platform that allows sports coaches to create personalized training and nutrition programs, manage their coaching activity, and interact with their clients via a dedicated mobile app.

Gymkee is a tech tool. Gymkee doesn't provide any sports coaching, nutrition advice, medical diagnosis, or health services. Programs created via Gymkee are under the sole responsibility of the Coach.

These Terms of Use and Sale (hereinafter "TOS/TOS" or "Terms") govern the access and use of Gymkee by the Coach in a professional context. They constitute a contract between the Coach and KEEZOKU.

Signing up on Gymkee means full acceptance of these Terms. If you don't accept these Terms, you shouldn't use Gymkee.

ARTICLE 1 , DEFINITIONS

"Mobile App": the Gymkee mobile app downloadable by the Coach's Clients from the Apple App Store and Google Play Store.

"Client" or "Athlete": any individual invited by a Coach to use the Mobile App to access programs created by said Coach.

"Coach Account": the professional account created by the Coach on the Platform.

"Coach Content": any content created, imported, or published by the Coach on Gymkee, including training programs, nutrition programs, personalized exercises, recipes, sessions, evaluations, messages, files, and any other content.

"Client Data": personal data of Clients collected and processed in the context of the Coach's use of Gymkee, including health data as defined by Article 9 of the GDPR.

"DPA": the Data Processing Agreement applicable between Gymkee and the Coach, available at gymkee.com/legal/dpa.

"Gymkee Pay": the integrated payment service in Gymkee, operated by Stripe, allowing Coaches to bill and collect payments from their Clients.

"Platform": all Gymkee services, including the gymkee.com website, the Gymkee Coach web app, and the Mobile App.

"Services": all features and services made available to the Coach under their Subscription.

"Stripe": Stripe Payments Europe, Ltd., an authorized payment service provider, Gymkee's partner for payment processing.

ARTICLE 2 , PURPOSE

The purpose of these Terms is to define the terms and conditions of use of Gymkee by the Coach, as well as the conditions for subscribing, paying, and renewing the Subscription.

ARTICLE 3 , REGISTRATION AND ACCOUNT

3.1 Registration Conditions

To create a Coach Account, you must:

  • be a legal adult or a legally established entity;
  • engage or intend to engage in a professional activity of sports coaching, personal training, or wellness support;
  • provide accurate, complete, and up-to-date information upon registration;
  • accept these Terms.

3.2 Account Responsibility

You're solely responsible for keeping your login details confidential and for any activity conducted from your Coach Account. You agree to notify us immediately of any unauthorized use of your account at [email protected].

3.3 Accuracy of Information

You guarantee the accuracy of the information provided during registration and agree to update it promptly in case of changes. Gymkee reserves the right to suspend or delete any account containing obviously inaccurate information.

ARTICLE 4 , DESCRIPTION OF SERVICES

4.1 Included Services

Depending on the subscribed Subscription plan, Gymkee provides the Coach with the following features:

  • creation and management of personalized training programs;
  • creation and management of personalized nutrition programs;
  • exercise library and ability to create personalized exercises;
  • food and recipe library;
  • client relationship management (tracking, messaging, evaluations);
  • dedicated mobile app for Clients;
  • billing and payment tools (Gymkee Pay);
  • dashboard and activity statistics;
  • any other feature described on the Gymkee pricing page.

4.2 Service Evolution

Gymkee reserves the right to evolve the Services, add or remove features, provided that it doesn't substantially degrade the essential features of the plan subscribed by the Coach. In case of substantial modification, Gymkee will inform the Coach by email with a reasonable notice of at least thirty (30) days.

4.3 Availability

Gymkee commits to making reasonable efforts to ensure the Platform's availability. However, Gymkee doesn't guarantee uninterrupted availability and can't be held responsible for temporary interruptions due to maintenance, updates, or circumstances beyond its reasonable control.

Planned maintenance operations will, as far as possible, be carried out outside peak hours and communicated in advance.

ARTICLE 5 , SUBSCRIPTION AND PRICING

5.1 Subscription Plans

The different Subscription plans, their features, and their prices are described on the pricing page accessible at gymkee.com/pricing.

5.2 Trial Period

Gymkee may offer a free trial period. The conditions and duration of this trial period are specified during registration. At the end of the trial period, if the Coach doesn't subscribe to a paid Subscription, access to paid features will be restricted.

5.3 Prices

Prices are indicated in euros, excluding taxes (HT). The applicable VAT will be added at the time of billing in accordance with current regulations.

Gymkee reserves the right to modify its prices. Any price change will be communicated to the Coach by email at least thirty (30) days before it takes effect. The new price will apply to the next Subscription renewal. If the Coach refuses the change, they can cancel their Subscription before the new price takes effect.

5.4 Billing and Payment

Subscription payment is made by credit card via Stripe. Billing occurs:

  • monthly, at the beginning of each monthly period; or
  • annually, at the beginning of each annual period, according to the plan chosen by the Coach.

Invoices are available in the Coach space. In case of payment failure, Gymkee reserves the right to suspend access to the Services after notification by email and a grace period of seven (7) days.

5.5 Automatic Renewal

The Subscription is automatically renewed at the end of each period (monthly or annual), unless canceled by the Coach in accordance with Article 6.

ARTICLE 6 , TERMINATION

6.1 Termination by the Coach

The Coach can terminate their Subscription at any time from their Coach Account settings, in accordance with Decree No. 2023-417 of May 31, 2023, on online termination ("3-click termination").

Termination takes effect at the end of the current Subscription period. The Coach retains access to the Services until that date. No prorated refund will be made for the current period.

6.2 Termination by Gymkee

Gymkee reserves the right to suspend or terminate the Coach Account, with reasonable notice of fifteen (15) days notified by email, in the following cases:

  • violation of these Terms;
  • fraudulent or abusive use of the Platform;
  • persistent non-payment after reminder;
  • harm to third-party rights or Gymkee's reputation;
  • illegal activity.

In case of serious misconduct (fraud, illegal activity, harm to Platform security), Gymkee may proceed with immediate account suspension without notice.

6.3 Consequences of Termination

Upon termination:

  • the Coach loses access to their Coach Account and Services;
  • the Coach's Clients lose access to programs via the Mobile App;
  • Coach Content will be retained for thirty (30) days from the effective termination date, allowing the Coach to retrieve their data by exporting it. After this period, Coach Content will be deleted, subject to legal retention obligations;
  • Client Data will be processed in accordance with the DPA and applicable legal obligations.

6.4 Data Export

The Coach can, at any time and before termination, export their data (programs, exercises, client data) in a usable format from their Coach Account settings, subject to the availability of this feature.

ARTICLE 7 , GYMKEE PAY , PAYMENT TERMS

7.1 Service Description

Gymkee Pay is an integrated payment service allowing Coaches to bill their Clients directly via Gymkee. This service is operated by Stripe under the Stripe Connect program.

7.2 Merchant of Record

The Coach is the Merchant of Record for transactions made between the Coach and their Clients via Gymkee Pay. KEEZOKU acts solely as a platform facilitating the technical processing of payments.

The Coach is solely responsible for:

  • compliance of their prices and offers with applicable regulations;
  • issuing invoices to their Clients;
  • their tax obligations (VAT, income declaration);
  • compliance with applicable consumer protection regulations in their relationship with their Clients.

7.3 Gymkee Commission

Gymkee charges a commission on each transaction made via Gymkee Pay. The applicable commission rate is indicated in the Gymkee Pay settings of the Coach Account and on the pricing page. This commission is automatically deducted from each transaction before payment to the Coach.

7.4 Stripe Conditions

The use of Gymkee Pay is subject to the Coach's acceptance of Stripe's general conditions, including the Stripe Connected Account Agreement. In case of conflict between these Terms and Stripe's conditions regarding payment processing, Stripe's conditions prevail for aspects specifically related to payment processing.

7.5 Disputes and Chargebacks

In case of a payment dispute or chargeback initiated by a Client:

  • the Coach is responsible for providing the necessary evidence to contest the chargeback;
  • Gymkee will forward the dispute information to the Coach as soon as possible;
  • the final decision of Stripe or the card issuer regarding the chargeback is final and binding on the parties;
  • KEEZOKU can't be held responsible for financial losses resulting from chargebacks.

7.6 Refunds

The Coach is solely responsible for their refund policy towards their Clients. Refunds can be made via Gymkee Pay within the limits of available funds on the Coach's Stripe account.

ARTICLE 8 , COACH OBLIGATIONS

8.1 Compliant Use

The Coach agrees to use Gymkee in accordance with these Terms, applicable laws and regulations, and respecting third-party rights.

8.2 Professional Qualifications

The Coach declares to have the qualifications, diplomas, certifications, and professional insurance required by the applicable legislation in their country of practice to provide sports coaching and/or nutrition advice services to their Clients.

Gymkee doesn't verify, validate, or certify the professional qualifications of Coaches. Each Coach is solely responsible for the legality of their activity.

8.3 Responsibility towards Clients

The Coach is solely responsible for:

  • the quality, relevance, and safety of the programs and content they create and provide to their Clients via Gymkee;
  • the contractual relationship with their Clients, including service conditions, pricing, and termination;
  • obtaining informed consent from their Clients before prescribing a training or nutrition program;
  • obtaining any relevant medical information or contraindications before creating a program;
  • compliance with applicable consumer protection regulations.

8.4 Personal Data Obligations (GDPR)

In the context of using Gymkee, the Coach acts as a data controller under the GDPR for Client Data. Gymkee acts as a processor on behalf of the Coach.

The respective obligations are governed by the DPA, available at gymkee.com/legal/dpa.

The Coach agrees to:

  • have a valid legal basis (generally explicit consent) to collect and process Client Data, especially health data as defined by Article 9 of the GDPR;
  • inform their Clients transparently about the collection and processing of their data, in accordance with Articles 13 and 14 of the GDPR;
  • respect the rights of data subjects (access, rectification, erasure, portability, objection);
  • not use Client Data for purposes incompatible with the declared purposes;
  • notify us without delay of any request to exercise rights received from a Client.

8.5 Prohibited Behavior

The Coach is prohibited from:

  • using Gymkee for illegal, fraudulent, or contrary to these Terms purposes;
  • impersonating a third party or providing false information;
  • publishing or transmitting illegal, defamatory, discriminatory, violent, pornographic, or third-party rights infringing content;
  • attempting unauthorized access to Gymkee systems, decompiling, disassembling, or reverse-engineering them;
  • using robots, scrapers, or any automated means to access Gymkee;
  • disrupting the Platform's operation or overloading its infrastructure;
  • reselling, sublicensing, or making third-party access to their Coach Account available.

ARTICLE 9 , INTELLECTUAL PROPERTY

9.1 Gymkee Rights

Gymkee, its software, databases, designs, interfaces, trademarks, logos, and any other content created by KEEZOKU are and remain the exclusive property of KEEZOKU. The Subscription grants the Coach a personal, non-exclusive, non-transferable, and non-sublicensable right to use the Platform for the duration of the Subscription and under these Terms.

9.2 Coach Rights

The Coach retains the intellectual property of their Coach Content. By publishing Coach Content on Gymkee, the Coach grants KEEZOKU a non-exclusive, worldwide, free license for the duration of the Subscription, solely for the purposes of:

  • hosting, storing, and displaying Coach Content as part of providing the Services;
  • transmitting Coach Content to the Coach's Clients via the Mobile App;
  • performing technical operations necessary for providing the Services (backup, indexing, formatting).

This license ends upon the deletion of Coach Content or termination of the Coach Account, subject to technical deletion delays and legal retention obligations.

9.3 Prohibition of Commercial Use of Coach Content

KEEZOKU is prohibited from using Coach Content for its own commercial purposes, reselling it, licensing it to third parties, or using it to train AI models without the Coach's prior explicit consent.

ARTICLE 10 , LIABILITY

10.1 Gymkee's Role

Gymkee is a tech tool made available to coaching professionals. KEEZOKU isn't a provider of sports coaching, nutrition advice, or health services. KEEZOKU doesn't intervene in the relationship between the Coach and their Clients and doesn't control the content created by Coaches.

10.2 Limitation of Liability

Within the limits allowed by French law:

a) KEEZOKU can't be held liable for direct or indirect damages resulting from:

  • the use or inability to use Gymkee;
  • data loss, except in case of proven fault by KEEZOKU;
  • the Coach's acts or omissions in the context of their coaching activity;
  • training or nutrition programs created by the Coach;
  • injuries, health issues, or any harm suffered by the Coach's Clients;
  • disputes between the Coach and their Clients;
  • service interruptions due to circumstances beyond KEEZOKU's reasonable control.

b) In any case, KEEZOKU's total liability under these Terms, all causes combined, is limited to the total amount actually paid by the Coach to Gymkee in the twelve (12) months preceding the event causing the damage.

c) The liability limitations provided in this article don't apply in case of:

  • gross or intentional fault by KEEZOKU;
  • bodily injury;
  • violation of essential contract obligations rendering the service devoid of any substance within the meaning of Article 1170 of the Civil Code.

10.3 Force Majeure

KEEZOKU can't be held liable for any failure to fulfill its obligations resulting from a force majeure event as defined by Article 1218 of the Civil Code, including, but not limited to: natural disaster, pandemic, war, act of terrorism, strike, failure of a third-party provider (host, telecommunications network), cyberattack, government or regulatory decision.

ARTICLE 11 , INDEMNITY GUARANTEE

The Coach agrees to indemnify and hold harmless KEEZOKU, its officers, employees, and partners, from and against any claim, demand, action, lawsuit, damage, loss, fine, penalty, and costs (including reasonable attorney fees) resulting from or related to:

a) the Coach's violation of these Terms; b) the Coach's violation of any applicable law or regulation; c) the programs, content, or advice provided by the Coach to their Clients via Gymkee; d) any claim by a Client or third party related to the Coach's coaching activity; e) any injury, bodily harm, or health issue suffered by a Client in the context of the Coach's services; f) the Coach's violation of their personal data protection obligations; g) the Coach's use of Gymkee Pay in violation of applicable regulations.

This indemnity obligation survives the termination of these Terms.

ARTICLE 12 , INSURANCE

The Coach declares to hold professional liability insurance covering their sports coaching and/or nutrition advice activity. The Coach agrees to maintain this insurance in effect throughout their use of Gymkee.

Gymkee reserves the right to request the Coach to provide proof of insurance at any time.

ARTICLE 13 , COACH'S PERSONAL DATA

13.1 Data Controller

For the Coach's personal data (name, email, billing data, usage data), KEEZOKU acts as the data controller.

13.2 Purposes and Legal Bases

The Coach's data is processed for the following purposes:

  • Coach Account management and Service provision (legal basis: contract execution);
  • billing and payment (legal basis: contract execution and legal obligation);
  • service-related communications (legal basis: contract execution);
  • Platform improvement and usage statistics (legal basis: legitimate interest);
  • commercial communication (legal basis: consent).

13.3 Rights

For more information on the processing of your personal data and the exercise of your rights, please consult our Privacy Policy.

ARTICLE 14 , CONFIDENTIALITY

Each party agrees to treat as confidential and not disclose to third parties the confidential information received from the other party in the context of the execution of these Terms, except for information:

  • that is or becomes public without fault of the receiving party;
  • that was already known to the receiving party;
  • that is lawfully communicated by a third party;
  • whose disclosure is required by law or by a competent authority.

This confidentiality obligation remains in effect during the term of the Terms and for a period of two (2) years following their expiration or termination.

ARTICLE 15 , MODIFICATION OF TERMS

Gymkee reserves the right to modify these Terms at any time. Any substantial modification will be notified to the Coach by email at least thirty (30) days before it takes effect.

In case of disagreement with the new Terms, the Coach can terminate their Subscription before the new Terms take effect. Continuing to use Gymkee after the effective date constitutes acceptance of the new Terms.

ARTICLE 16 , ASSIGNMENT

The Coach may not assign, transfer, or sublicense the rights and obligations arising from these Terms without KEEZOKU's prior written consent.

KEEZOKU reserves the right to assign these Terms to any entity within the same group or to any successor in the context of a restructuring, merger, acquisition, or asset sale, provided that the assignee assumes all contractual obligations.

ARTICLE 17 , SEVERABILITY

If any provision of these Terms is deemed null, invalid, or unenforceable by a competent court, this nullity won't affect the validity of the other provisions, which will remain in effect. The provision deemed null will be replaced by a valid provision that closely approximates the initial intent of the parties.

ARTICLE 18 , ENTIRE AGREEMENT

These Terms, supplemented by the DPA, Privacy Policy, and Cookie Policy, constitute the entire agreement between KEEZOKU and the Coach regarding the use of Gymkee. They cancel and replace any prior agreement, written or oral, concerning the same subject.

ARTICLE 19 , GOVERNING LAW AND JURISDICTION

These Terms are governed by French law.

In case of a dispute regarding the interpretation, execution, or termination of these Terms, the parties agree to seek an amicable solution within thirty (30) days from the notification of the dispute by one of the parties.

If no amicable resolution is reached, the dispute will be submitted to the exclusive jurisdiction of the competent courts of Paris, France, notwithstanding multiple defendants or third-party claims.

ARTICLE 20 , CONTACT

For any questions regarding these Terms:

KEEZOKU 60 rue François Ier, 75008 Paris, France Email: [email protected] Website: https://gymkee.com