Terms & Conditions of Use

Depending on where you purchased your subscription, if you're unsure how to cancel it or a trial, please visit the support pages for Apple, Google Play, or other app stores, or check our website. Simply deleting the app will not cancel your subscriptions or trials. We also strive to provide details about our subscription policies at or near the point of purchase, so please review them before making any purchases. You might want to take a screenshot of this information for your records.

Our privacy practices are outlined in detail in our Privacy Policy. Please take a moment to familiarize yourself with its contents to understand how your personal information is collected, used, and shared.

Acceptance of Terms

The provisions of these "Terms" govern the relationship between you and SoundGym, whose office is located on the 6th floor, 50, 63-ro, Yeongdeungpo-gu, Seoul, Republic of Korea ("we," "us," "our," or the "Company") regarding your use of the Company's mobile applications, websites and related services (collectively, the "App" or "Service"), including all available information, text, graphics, software, and services (the "Content").

These Terms form a legally binding agreement between you and the Company. For this reason, PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE.

You must accept these Terms to create a SoundGym account and access or use the Service. If you don't have an account, you accept these Terms by using any part of the Service. If you do not agree with these Terms, please do not create an account or use the Service.

Please also review our Privacy Policy. The terms of the Privacy Policy, along with any additional terms, policies, or documents that may be posted on the Service from time to time, are hereby incorporated by reference. We reserve the right, at our sole discretion, to change or modify these Terms at any time for any reason.

Any translation of these Terms is provided for your convenience only. In case of any difference in interpretation between the English version of these Terms and any translation, the English version will prevail. The original English text shall be the sole legally binding version.

We may update, modify, supplement, or remove parts of these Terms at any time at our sole discretion. If any changes might affect your use of the Service or your legal rights as a user, we will strive to notify you in advance of the update's effective date by email or other appropriate means. These updates will take effect no earlier than 14 days from the date of notification. For other updates, you will be notified only by an update to the "Last Updated" date, and you waive the right to receive specific notice of each such change.

If you don't agree with the revisions, please stop using the Service, delete your account, or cancel your subscription before the new Terms take effect. By continuing to use or access the Service after the updates come into effect, you agree to be bound by the revised Terms.

IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APP OR OTHERWISE ACCESS OR USE THE SERVICE.

Important Disclaimers

Not Medical Advice

The Company does not provide medical advice, health insurance, or any other healthcare services, including but not limited to counseling, testing, evaluation, prescriptions, or treatments related to exercise, nutrition, weight loss, wellness, mental health, or the prevention, diagnosis, or treatment of any injury, illness, or condition (collectively, "Healthcare Services").

The Service, including its voice-based coaching features, may not be suitable for everyone and does not substitute for professional healthcare. It is intended as a tool to help you reach your health, fitness, and wellness goals. You understand that diet and exercise carry risks, including bodily injury or death, and you accept these risks. By using the Service, you agree to release the Company from any liability arising from your use of it.

Consult your physician or a qualified health professional to determine if the Service is safe and appropriate for you. Do not use the Service against medical advice or if it could pose health risks. You acknowledge that you are fully responsible for your own health and well-being, and that of your family, including unborn children.

To the extent permitted by law, you agree that we do not provide medical advice through the Service, whether delivered via text, voice, or any other format. Content provided by us or third parties (even if claiming to be doctors) is not a substitute for professional medical advice. We are not responsible for any health issues arising from programs, consultations, products, or events you encounter through the Service. If you have a health concern, contact your doctor immediately. If it's an emergency, call your doctor or emergency services. Your use of the Service does not create a doctor-patient, therapist-patient, or any other healthcare professional relationship with the Company.

Accuracy

The Company does not assume liability for any errors or misstatements in food recipes, courses, exercises, or other content on the Service. Always check the information provided by food manufacturers, including nutrient content, ingredients, and allergens. The data collected by the SoundGym Service is meant to reflect your activity but does not match the precision of medical or scientific measurement devices, and we are not responsible for the accuracy or reliability of information from these devices.

Coaching Services

Our virtual coaching services, including text-based and voice-based coaching, provide fitness and nutrition guidance. This guidance is not medical advice and does not diagnose or treat any conditions. You are solely responsible for how you use this guidance.

Personalization

We may customize plans based on information you provide. While we strive to make our plans accurate and helpful, they are not guaranteed to be completely tailored to you and do not replace professional advice. Use them at your discretion.

Individual Results

We cannot guarantee specific results, and you understand that outcomes vary by individual. Testimonials and examples on the Service are exceptional results and not a guarantee of similar outcomes. Success in health, fitness, and nutrition depends on your individual effort, background, and motivation. You agree that the Company is not liable for your success or failure.

Profile Registration

To access certain features, you may need to register a profile ("Profile") and provide certain information as prompted. By registering, you represent and warrant that: (i) all registration information is truthful and accurate; (ii) you will keep it updated; and (iii) your use complies with applicable laws and these Terms.

The Service is primarily designed for users aged 18 years or older. However, users aged 12 to 17 may access and use the Service with the explicit consent and supervision of a parent or legal guardian. By accessing or using the Service, you represent and warrant that you are at least 12 years old; if you are under 18, you have obtained the consent of a parent or legal guardian; and all information you provide is accurate and truthful.

While the Service may be available for download to users aged 12 and older, it is not specifically tailored for individuals under 18. We recommend that parents or legal guardians review the Service's features and content before allowing their child to use it. The Service does not knowingly collect personal information from users under 12. If we become aware that such information has been collected without verifiable parental consent, we will take steps to delete it promptly.

We reserve the right to suspend or terminate your profile or access, with or without notice, if you breach these Terms. You are responsible for keeping your profile login information confidential and for all activities under your profile. Notify us immediately of any unauthorized use or security breach.

Service and Content

All content, including text, images, logos, data, and software displayed on or used by the Service, belongs to us or third parties. We reserve all rights to this content, including intellectual property rights. Except as expressly allowed by these Terms, any unauthorized use, distribution, or modification is prohibited.

Any information or content you submit, such as profile details, posts, or feedback ("User Content"), remains your intellectual property. The Company does not claim ownership of the copyright in your User Content; however, you agree to grant the Company a license to use the User Content. The Company may retain copies of your content for service operation and as described in our Privacy Policy.

Subject to these Terms, you are granted a non-transferable, non-exclusive license to use the Service for personal, non-commercial purposes, including installing the app on your personal mobile device. You agree to use the Service in accordance with the license and not to infringe on the rights of others or violate any laws. You are responsible for obtaining necessary devices and services (such as internet access) and any associated costs.

We may modify, suspend, or discontinue any part of the Service, free or paid, at any time without notice. Your use of the Service is at your own risk. We are not responsible for any harm to your devices, loss of data, or physical injury resulting from your use of the Service, unless otherwise required by law. We are not obligated to provide customer support but may offer it at our discretion.

5. AI Coach Services

5.1. As part of the Service, we may offer AI-powered coaching services through a virtual chatbot and/or voice-based coaching sessions ("AI Coach Services").

5.2. If you have access to the AI Coach Chatbot, you can interact with the chatbot to receive personalized guidance, tips, and motivational support.

5.3. AI Voice Coaching Services. 5.3.1. The Service may include AI-powered voice coaching ("Voice Coaching"), which allows you to interact with the AI Coach through real-time voice conversations. Voice Coaching is generated entirely by artificial intelligence and does not involve any human coach or healthcare professional. 5.3.2. To use Voice Coaching, you must grant the App permission to access your device's microphone; if you do not, Voice Coaching will not be available, but other features will remain accessible. 5.3.3. During sessions, your voice data is transmitted in real-time to third-party AI service providers for processing and is not stored by us or our providers after the session ends. 5.3.4. Voice Coaching requires a stable internet connection; quality may vary, and we do not guarantee uninterrupted, error-free, or consistent quality, nor are we liable for disruptions, delays, or quality issues. 5.3.5. Voice Coaching sessions may be subject to duration limits or usage caps, and we reserve the right to modify, limit, or discontinue Voice Coaching features at any time without prior notice.

5.4. The AI Coach Services assist with setting and tracking goals for healthy habits, fitness, and overall wellness. We reserve the right to update, modify, or discontinue the AI Coach's functionalities and content at our discretion.

5.5. AI Coach Services are not medical or healthcare services. They are intended for general wellness guidance and do not replace professional medical advice, diagnosis, or treatment. We do not guarantee the accuracy or completeness of the AI Coach's responses, and the AI Coach's responses are generated by artificial intelligence and do not constitute advice from a human professional. You should not rely on the AI Coach as a substitute for professional judgment.

5.6. Always consult with a qualified healthcare professional before making any decisions related to your health. In case of an emergency, immediately contact medical professionals or emergency services.

6. App Stores, Third-Party Ads, and Other Users

6.1. You acknowledge that the availability of the app depends on third-party platforms like the Apple App Store and other app stores ("App Stores").

6.2. You agree to pay any fees associated with downloading or using the app from App Stores and to follow their terms and policies. App Stores are third-party beneficiaries of these Terms and may enforce them.

6.3. The Service may display links to third-party websites and advertisements ("Third-Party Ads"). We are not responsible for these ads or the content they promote. Any dealings you have with third parties are solely between you and the advertiser.

6.4. Users are responsible for their own content on the Service. We do not review or verify User Content and are not responsible for its accuracy or quality. Any interactions between you and other users are your responsibility.

6.5. You hereby release us, along with our officers, employees, agents, and successors, from any claims, demands, losses, damages, rights, and actions of any kind, including those related to personal injuries, death, or property damage, that arise directly or indirectly from interactions with any App Store, other Service users, or Third-Party Ads.

7. Subscription Fees and Payment

7.1. Certain features may require a paid subscription. You can purchase a subscription from SoundGym or via an App Store by either (1) paying a recurring fee in advance or (2) prepaying for a specific time period ("Purchase").

7.2. To the maximum extent permitted by applicable laws, we may change Purchase fees at any time. We will give you reasonable notice of pricing changes by posting new prices or sending an email. If you do not wish to pay the new fees, you can cancel before the change takes effect.

7.3. You authorize SoundGym and the App Stores to charge your payment method for any applicable fees.

7.4. Auto-Renewing Subscriptions. If you sign up for a subscription, it may automatically renew unless you cancel it. The renewal period will match your original subscription unless stated otherwise, and the renewal rate will be the same as the previous period unless we notify you of changes in advance.

7.5. Subscription Cancellation. You must follow the provided instructions to cancel your subscription.

7.6. Subscription Trials. We may offer trial periods. If not canceled before the end of the trial, you will be charged the applicable fees.

7.7. Trial Cancellation. If you don't cancel before the trial ends, your subscription will automatically continue, and you'll be charged. We reserve the right to change or terminate trial offers at any time.

7.8. Your access will end when your paid subscription period expires. If you fail to pay, we may disable or terminate your access.

7.9. App Store Purchases. If you purchased via an App Store, refunds are subject to that App Store's policies, and we cannot issue refunds. Contact the App Store for support.

7.10. No Refunds. Subject to clause 7.11, you agree that a Purchase is final and non-refundable, and cannot be canceled. Notwithstanding the foregoing, the Company will provide refunds and/or cancellations in cases and to the extent required by mandatory provisions of applicable law, and may also provide refunds at its own discretion subject to our policies.

7.11. EU/EEA Consumer Rights. If you are a consumer based in the EEA or Switzerland, you have an automatic legal right to withdraw from contracts for purchase of the Service. When you purchase a single item of digital content, you expressly agree it is made available immediately and you lose your right of withdrawal. By signing up for our Service (provided on a continuous basis, such as subscriptions), you expressly request and consent to an immediate supply of such Service; therefore, if you exercise your right of withdrawal, we will deduct from your refund an amount proportionate to the Service provided before withdrawal. Where you have not lost your right of withdrawal, the withdrawal period expires 14 days after you enter into the contract. To exercise it, inform us of your decision by an unequivocal statement (e.g., a letter by post or email).

Model Withdrawal Form. To: SoundGym, email: soundgym@soundgym.io. I hereby give notice that I withdraw from my contract for the following service: the email address associated with the account you want to cancel*; your username* (if applicable); reason for cancellation (optional, but it can help improve our services).

8. Dispute Resolution

8.1. Resolving Disputes. Any dispute, claim, or disagreement arising out of or relating to the Service or your relationship with us will be resolved by individual arbitration ("Arbitration Agreement"). Arbitration shall take place in Seoul, the Republic of Korea, in accordance with the Korean Commercial Arbitration Board (KCAB) International Arbitration Rules in force, by three (3) arbitrators. The decision and award shall be final, binding, and enforceable in any court of competent jurisdiction.

8.2. Informal Dispute Resolution. You agree to try in good faith to resolve any dispute informally before filing an arbitration. To start, send an individualized written notice ("Notice of Dispute") that includes (1) your name, phone number, and email address for your account, and (2) a description of the dispute and how you'd like it resolved. Once a complete Notice of Dispute is received, the recipient has 60 days to investigate and try to resolve the claims. An arbitration cannot be filed until the Informal Dispute Resolution Period has ended.

What Arbitration Is. Arbitration is a less formal way to resolve disputes than a court trial, using a neutral arbitrator, with limited discovery and limited court review. Arbitrators can award the same individual damages or relief that a court can. KCAB International Arbitration Rules govern the interpretation and enforcement of this arbitration agreement. Disputes over its interpretation, applicability, or enforceability are subject to the exclusive jurisdiction of the courts in Seoul, Republic of Korea. This arbitration agreement survives termination of these Terms or your SoundGym account.

How Arbitration Works. Arbitration will be handled by the KCAB under their Comprehensive Dispute Resolution Rules and Procedures, as modified by this arbitration agreement. To begin arbitration after informal dispute resolution, either party must file a demand with KCAB. Unless agreed otherwise, arbitration takes place in Seoul, Republic of Korea. Each party pays applicable fees per KCAB's rules. The arbitrator will apply the law and issue a written decision. Nothing in this section prevents either party from seeking injunctive or equitable relief from the courts, particularly in cases of data security, intellectual property, or unauthorized access.

Additional Procedures for Mass Filings. If 25 or more similar claims are filed against us by the same or coordinated counsel, or if claims meet the definition of "Mass Filings" under KCAB's rules, special procedures apply, including staged groups of arbitrations (Stage One: 25 claims each side; Stage Two: 50 more claims each side) interspersed with global mediation paid for by SoundGym. If disputes remain unresolved after the second mediation, they may proceed in court unless both parties agree in writing to continue with arbitration. Statutes of limitations and other deadlines are paused during this process.

Opt-Out. New SoundGym users can opt out of this arbitration agreement within 30 days of accepting the Terms. To opt out, visit our support center and submit your name, email, and a clear request to opt out of arbitration. Opting out means neither party is bound by the arbitration agreement, but the rest of the Terms still apply. If a user opts out, any disputes shall be resolved exclusively in the courts of Seoul, Republic of Korea.

Non-Arbitrable Claims. These Terms do not affect any statutory rights you may have. If any part of this arbitration agreement is unenforceable, the dispute will be handled according to the rest of the Terms. If you're a consumer in the EEA, this section does not apply to you.

Class Action Waiver; Jury Trial Waiver. You and we agree that any proceeding, whether in arbitration or court, will be conducted on an individual basis only, not as a class, collective, or representative action. To the fullest extent allowed by law, you and we waive any right to bring or participate in such actions, and waive any right to a jury trial.

9. User Representations and Restrictions

By using the Service, you represent and warrant that you have the legal capacity and agree to comply with these Terms; you will not access the Service through automated or non-human means; you will not use the Service for any illegal or unauthorized purpose; and your use will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any current or future use of the Service.

You may not access or use the Service for any purpose other than that for which we make it available, and it may not be used for commercial endeavors except those specifically authorized by us. As a user, you agree not to: systematically retrieve data to create a collection or database without written permission; make any unauthorized use; make any modification, adaptation, or derivative work; use the Service for revenue-generating purposes for which it is not intended; make the Service available over a network for multiple users; use it to create a competitive product; use our proprietary information or interfaces in developing applications or devices; circumvent or interfere with security features; engage in unauthorized framing or linking; interfere with or overburden the Service or connected networks; decompile, disassemble, or reverse engineer the software; bypass access-restriction measures; upload viruses, worms, trojans, or harmful files; use any automated system such as spiders, robots, or scrapers; use the Service to send automated queries or unsolicited commercial email; disparage or harm us or the Service; use the Service inconsistently with applicable laws; or otherwise infringe these Terms.

When interacting with our customer care representatives, please maintain a respectful and kind demeanor. If your conduct toward our representatives or employees is perceived as threatening, harassing, or offensive, we retain the authority to terminate your account with immediate effect.

10. Voice Data and Device Permissions

10.1. Certain features, including Voice Coaching, require access to your device's microphone. You may revoke microphone access at any time through your device settings, but doing so will prevent you from using voice-based features.

10.2. When you use Voice Coaching, your voice input is transmitted in real-time to third-party AI service providers solely to generate real-time responses. We do not store recordings of your voice coaching sessions, and our third-party providers are contractually prohibited from retaining your voice data after the session ends.

10.3. By using Voice Coaching, you consent to the real-time transmission and processing of your voice data as described here and in our Privacy Policy. If you do not consent, please do not use the Voice Coaching features.

10.4. We are not responsible for any unauthorized access to your voice data caused by factors outside our reasonable control, including security vulnerabilities in your device, network, or operating system.

11. Additional Disclaimer of Warranties

11.1. Except to the extent prohibited by law, you expressly understand and agree that your use of the Service is at your sole risk, and the Service and products are provided on an "as is" and "as available" basis. The Company and its affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular, we make no warranty that the Service will meet your requirements; will be uninterrupted, timely, secure, or error-free; that results obtained will be accurate or reliable; that quality will meet your expectations; or that errors will be corrected. Any material obtained through the Service is accessed at your own risk.

11.2. Absence of Any Advice on the Service. Any statement posted on the Service or communicated through voice-based features is for informational and entertainment purposes only and is not intended to replace professional financial, medical, legal, or other advice. To the fullest extent permitted by law, we expressly disclaim liability relating to your reliance on such statements. If you require professional or medical advice, consult an appropriately trained and qualified specialist.

11.3. Change of Information and Service. We may change all information provided on the Service at our sole discretion without notice, and may modify or discontinue, temporarily or permanently, the Service (or any part) with or without notice.

11.4. These Terms will not limit any non-waivable warranties or consumer protection rights you may have under the mandatory laws of your country of residence.

11.5. If you are a consumer based in the EEA or Switzerland: We may offer and request you to install security and technical updates; it is your responsibility to install them without delay. We will not be liable for any lack of conformity resulting from your failure to install a supplied update. If our Service does not conform to these Terms, you have the right to have the defect corrected, and you will reasonably cooperate with us to assess the cause.

12. Limitation of Liability

12.1. In no event shall we (and our affiliates) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms or your use of, or inability to use, the Service and products, or third-party ads, even if advised of the possibility of such damages. Access and use are at your own discretion and risk.

12.2. Notwithstanding anything to the contrary, you agree that the aggregate liability of the Company to you for any and all claims is limited to the amounts you have paid to the Company for access to and use of the Service.

12.3. If you are a California resident, you waive California Civil Code section 1542, which states that "a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

12.4. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you, and you may have other legal rights that vary by jurisdiction.

12.5. If you are a resident of the EEA or Switzerland: If defective digital content supplied by us damages a device or digital content belonging to you, we will either repair the damage or pay compensation. However, we will not be liable for damage you could have avoided by following our advice to apply a free update, or for damage caused by your failure to follow installation instructions or meet minimum system requirements.

12.6. If you are a resident of Australia: Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures, you are entitled to (a) cancel your contract for purchase of the Service; and (b) receive a refund for the unused portion, or compensation for its reduced value. For non-major failures, you are entitled to have the failure rectified in a reasonable time.

13. Indemnity

13.1. You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, suppliers, licensors, partners, and their officers, directors, employees, agents, and representatives harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service or Products, (ii) your User Content, or (iii) your violation of these Terms.

13.2. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate. You agree not to settle any matter without the Company's prior written consent.

14. Governing Law and Venue

14.1. These Terms shall be governed in accordance with the laws of the Republic of Korea.

14.2. To the extent any action relating to a dispute is not submitted to arbitration, each party submits to the exclusive jurisdiction of the courts of the Republic of Korea.

14.3. The parties irrevocably submit to the personal jurisdiction and venue of the courts of the Republic of Korea and waive any defenses of improper venue or forum non conveniens.

15. Third Parties

15.1. Third-Party Payment Service Providers. We use various third-party providers to process payments (e.g., card processing, merchant settlement). By using the Service, you authorize us to share your payment details with these providers as needed to complete your transactions.

15.2. Third-Party Providers. Certain products and features are offered by third parties (e.g., Telehealth services). You may need to agree to additional terms with these providers. This Agreement applies only to SoundGym; any interaction with Third-Party Providers is solely between you and them.

15.2.1. Third-Party AI Service Providers. Certain features, including Voice Coaching and AI Coach Services, utilize third-party AI service providers to process data and generate responses. By using these features, you acknowledge and agree that your data, including voice data during Voice Coaching sessions, may be transmitted to and processed by such providers in accordance with our Privacy Policy.

15.3. App Stores. For any SoundGym app from the Apple App Store ("App Store Sourced Application"), you may only use it on an Apple-branded device running iOS and as permitted by Apple's Media Terms of Service. For apps from Google Play, additional license rights may apply. The following applies to apps from the Apple App Store: This Agreement is between you and us, not Apple; we, not Apple, are responsible for the application and its content. Apple has no obligation to provide maintenance or support. If the application fails to meet a warranty, you may notify Apple for a refund of the purchase price; Apple has no other warranty obligations. Apple is not responsible for product liability, legal/regulatory compliance, or consumer-protection claims. We, not Apple, will handle intellectual property infringement claims. Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it.

16. Miscellaneous Provisions

16.1. No delay or omission by us in exercising any right will impair it or be construed as a waiver.

16.2. Subject to Section 8, if any provision of these Terms is found invalid or unenforceable, the Terms will remain in full force and will be reformed to be valid and enforceable while reflecting the parties' intent.

16.3. Except as otherwise expressly provided, these Terms set forth the entire agreement between you and the Company regarding its subject matter and supersede all prior promises, agreements, or representations.

16.4. The Company may transfer or assign its rights and obligations under these Terms to any other person, including by novation, and by accepting these Terms you consent to any such assignment and transfer.

16.5. In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Company's reasonable control.

Contact Us

The best way to get in touch with us is by emailing soundgym@soundgym.io at SOUNDGYM, Inc.

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