Terms of Service

1. Acceptance of Terms

By creating an account, signing in, or otherwise using the NYRO mobile application (the "App"), you agree to be bound by these Terms of Service (the "Terms"). If you do not agree, do not use the App.

These Terms form a binding contract between you and Niklas Roznowski (the "Operator", "we", "us"), based in Basel, Switzerland.

For our handling of your personal data, please see the Privacy Policy.

2. Eligibility

You must be at least 16 years of age to use the App, in line with Art. 8 GDPR. By using the App you represent that you meet this age requirement and that you have the legal capacity to enter into this agreement.

The App is not intended for minors under 16. If you are a parent or guardian and become aware that a minor is using the App, please contact us so we can remove the account.

3. Description of Service

NYRO is a strength-training tracking application with optional recovery-aware coaching. Features include:

• Logging workouts: exercises, sets, reps, weights, perceived exertion (RPE).
• Routine and program management.
• Progress analytics, body-map, weekly training scores.
• Optional Apple Watch companion.
• Optional Apple Health integration to compute a Training Readiness Score from HRV, Resting Heart Rate, and Sleep.
• Optional AI-generated workout suggestions powered by Anthropic's Claude.
• Optional Pro features available via in-app subscription (see section 5).

We may add, modify, or remove features over time as the App evolves. Material changes to core paid functionality will be communicated in advance.

4. Your Account

You sign in to NYRO using "Sign in with Apple". You are responsible for safeguarding the Apple ID you use and for any activity under your account.

You agree to provide accurate information when prompted and to keep it current. You may delete your account at any time via Settings → Advanced → Delete account, which permanently removes your account and associated data (see Privacy Policy section 10).

We may suspend or terminate accounts that violate these Terms (see section 16).

5. Subscription & Payment (NYRO Pro)

Some features of NYRO are offered as an optional paid subscription ("NYRO Pro").

Pricing and billing

• All purchases are processed by Apple via the App Store.
• Pricing is shown in-app prior to purchase. Current introductory pricing: €6.99/month or €59.99/year (subject to change with notice).
• Payment is charged to your Apple ID account upon confirmation of purchase.

Auto-renewal

• Subscriptions renew automatically at the end of each billing period unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period.
• You can manage and cancel auto-renewal in your iOS Settings → Apple ID → Subscriptions, or via the App Store → Account → Subscriptions.

Free trials (if offered)

• Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.

6. Cancellation, Refunds & Withdrawal Right

You may cancel your subscription at any time through your Apple ID settings. Cancellation takes effect at the end of the current billing period — you retain access to Pro features until then.

Refunds are handled by Apple under the App Store refund policy. We do not process refunds directly. You can request a refund from Apple at reportaproblem.apple.com.

Right of withdrawal (EU consumers)

For digital subscriptions activated immediately, you expressly consent to immediate execution and acknowledge that you lose your statutory 14-day right of withdrawal once the service has been fully provided (i.e. upon activation), in line with Art. 16(m) of the EU Consumer Rights Directive (Directive 2011/83/EU).

For consumers resident in Switzerland, no statutory cooling-off period applies to digital services purchased online. Cancellation is possible at any time as described above and takes effect at the end of the current billing period.

7. Your Content & Data

You retain all rights to the training data you log, the routines you create, and the feedback you submit.

You grant us a limited, worldwide, royalty-free license to host, store, sync, and process this content solely for the purpose of operating the App for you (e.g. cross-device sync, computing analytics).

We do not claim ownership of your training data. We do not use it to train AI models, and we do not share or sell it to third parties — see the Privacy Policy.

8. Acceptable Use

You agree to use the App only for lawful, personal, non-commercial purposes. You agree not to:

• Reverse engineer, decompile, or attempt to extract the source code of the App.
• Use the App to violate any applicable law or regulation.
• Attempt to gain unauthorized access to other users' accounts, our backend, or our service providers.
• Submit content that is unlawful, harmful, or infringes the rights of others.
• Use automated systems or bots to interact with the App or our backend.
• Resell, sublicense, or commercially redistribute the App or its features.

We reserve the right to suspend access where we reasonably believe these terms are being violated.

9. Health & Medical Disclaimer

NYRO is a fitness tracking and informational tool. It is NOT a medical device, NOT a substitute for professional medical advice, diagnosis, or treatment, and NOT intended to diagnose, treat, cure, or prevent any disease or condition.

The Training Readiness Score, recovery suggestions, and any insights derived from Apple Health data are informational and based on heuristic models. They are not medical assessments and should not be relied upon for medical decisions.

Consult a qualified healthcare professional before starting any new exercise program, especially if you have any pre-existing condition, are pregnant, are recovering from injury, or take medication.

You are solely responsible for how you use the App and how you train. By using the App you acknowledge that physical exercise carries inherent risks including injury, and you assume those risks.

10. AI-Generated Content Disclaimer

NYRO offers optional workout suggestions generated by Anthropic's Claude AI. These suggestions are produced algorithmically based on the parameters you provide and the configured prompts. They are NOT reviewed by a human coach prior to presentation.

AI-generated suggestions:

• May contain errors, inappropriate exercise selections, or unsafe load progressions.
• Should be reviewed by you before being performed.
• Are not personalized medical advice or a substitute for a qualified strength coach.

You remain solely responsible for the workouts you choose to perform. We make no warranty regarding the safety or suitability of any AI-generated suggestion.

11. Intellectual Property

The App, its design, code, logos, copy, and branding (including the names "NYRO" and "Gymm") are owned by the Operator and protected by copyright, trademark, and other applicable laws.

These Terms grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, in accordance with these Terms and the App Store Terms of Service.

No other rights are granted. All rights not expressly granted are reserved.

12. Third-Party Services

The App relies on third-party services (Apple, Supabase, Google Firebase, Anthropic). Their availability, performance, and policies are outside our control. Outages or changes in those services may temporarily affect features.

By using the App you also agree to the relevant third-party terms where they govern your interaction (e.g. Apple Media Services Terms for in-app purchases).

13. No Warranty

The App is provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise, to the maximum extent permitted by law. We do not warrant that:

• The App will be uninterrupted, timely, secure, or error-free.
• The training insights, scores, or AI-generated suggestions will be accurate, reliable, or suitable for your specific situation.
• Any defects in the App will be corrected.

Statutory warranty rights of consumers under Swiss law and, where applicable, EU consumer law remain unaffected.

14. Limitation of Liability

To the maximum extent permitted by applicable law:

• We are liable without limitation for damages caused by intent or gross negligence, for injury to life, body, or health, and under the Swiss Federal Product Liability Act (Produktehaftpflichtgesetz, PrHG). Liability that cannot be limited or excluded under Art. 100 of the Swiss Code of Obligations remains unaffected.
• For damages caused by simple negligence in breach of essential contractual obligations, our liability is limited to typical, foreseeable damages.
• Beyond that, our liability for simple negligence is excluded.
• We are not liable for any injury, loss, or damage resulting from your physical activity, your reliance on AI-generated suggestions, or your interpretation of recovery scores or other insights.

For consumers habitually resident in the EU/EEA, mandatory liability rules under the EU Product Liability Directive and applicable national consumer-protection law remain unaffected.

Nothing in these Terms limits any liability that cannot be limited under mandatory law.

15. Indemnification

You agree to indemnify and hold harmless the Operator from any third-party claims, damages, or costs (including reasonable legal fees) arising from your violation of these Terms or your misuse of the App, except to the extent caused by our intent or gross negligence.

16. Termination

You may stop using the App at any time. To fully delete your account, use Settings → Advanced → Delete account.

We may suspend or terminate your access if:

• You materially breach these Terms.
• Required by law or by a court / regulatory order.
• We discontinue the App or a specific feature, with reasonable prior notice for paid features.

Sections that by their nature should survive termination (e.g. Disclaimers, Liability, IP, Governing Law) survive termination of these Terms.

17. Changes to Service or Terms

We may update the App and these Terms from time to time. The "Last updated" date above reflects the current version.

For material changes that affect your rights, we will provide reasonable advance notice via the App or by email. If you do not agree to a material change, your remedy is to stop using the App and, where applicable, cancel your subscription.

Continued use after the effective date of an update constitutes acceptance of the updated Terms.

18. Governing Law & Jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the substantive laws of Switzerland, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

Where you are a consumer habitually resident in the EU/EEA, you also benefit from the mandatory consumer-protection provisions of the law of your habitual residence, in line with Art. 6 of Regulation (EC) No 593/2008 (Rome I).

The exclusive place of jurisdiction for all disputes is Basel, Switzerland, to the extent permitted by law for non-consumers. Consumers may also bring claims at the court of their habitual residence.

19. Dispute Resolution & ODR

The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr.

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle), unless required by law.

We strongly encourage you to contact us directly first at nyro.app@gmail.com — most issues can be resolved informally.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid provision will be replaced by a valid provision that comes closest to the economic intent of the original.

21. Contact

For questions about these Terms or about the App: